Looming Constitutional Crisis?
This article was originally published on May 23, 2005. It was updated on Jan. 16, 2007.
After 10 years of hard work, the border agreement between Russia and Latvia is facing yet another challenge. This time, from the Latvian Constitution itself. Or, rather from the people.
In 2005, the work on the agreement to finalize the eastern border of the European Union was headed to a fiasco on one hand, or the constitutional crisis on the other.
Satversme, the Constitution of Latvia, recognizes the 1920 borders of the country, which includes the 1,909 sq. km. piece of land that was seceded to Russian Soviet Republic in 1944. The territory represents 3 percent of the whole Latvian territory and 12 percent from the territory of Latgale, the eastern part of Latvia.
Article 3 of the Satversme states as follows (with my emphasis):
The territory of the State of Latvia, within the borders established by international agreements, consists of Vidzeme, Latgale, Kurzeme and Zemgale.
The article of this 1922 Constitution refers to the 1920 Peace Treaty signed by Latvia and Soviet Russia. The Constitution provides a way to change its vital passages by means other than a simple two-thirds of the MPs voting in favor. Article 77 states:
If the Saeima (Parliament) has amended the first, second, third, fourth, sixth or seventy-seventh Article of the Constitution, such amendments, in order to come into force as law, shall be submitted to a national referendum.
But it’s not a simple referendum. Article 79:
An amendment to the Constitution submitted for national referendum shall be deemed adopted if at least half of the electorate has voted in favour. A draft law, decision regarding membership of Latvia in the European Union or substantial changes in the terms regarding such membership submitted for national referendum shall be deemed adopted if the number of voters is at least half of the number of electors as participated in the previous Saeima election and if the majority has voted in favour of the draft law, membership of Latvia in the European Union or substantial changes in the terms regarding such membership.
According to this article, at least 50 percent of electorate must approve the amendments regardless of the turnout at the referendum. According to the Central Election Commission at the time of the last municipal elections, the total number of registered voters was 1,418,445. It means that an amendment to the Constitution must receive at least 709,223 votes.
The Parliament wisely added the text regarding Latvia’s entry to the European Union anticipating the lack of votes to approve the accension. The MPs were right. Although more than 70 percent of the eligible voters turned out for the 2003 EU referendum, the EU did not receive the needed number of votes according to the original formula.
In a 2005 interview on Latvijas Radio, Latvia’s President Vaira Vike-Freiberga said that constitutional troubles could be taken care of after the signing of the border agreement.
The daily Diena offered two possibilities at that time:
Option One: Latvia doesn’t change its position and remains faithful to the unilateral declaration de facto claiming the now-Russian piece of land. Russia is unlikely to agree to such an agreement as it sees it as a territorial claim by Latvia (which it, in fact, is). However, signing of the declaration and the border agreement in that respect would not adjust Latvia’s borders and thus would not be in violation of the Constitution.
Option Two: Latvia holds the referendum. The Saeima is likely to lower the needed number of votes for that specific purpose. Sadly, our politicians are keen on changing the rules of the game as they see fit.
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