Access to State-Funded Legal Aid in Constitutional Court Proceedings to Be Expanded

On Tuesday, 27 January, the Cabinet of Ministers approved amendments drafted by the Ministry of Justice providing for significant improvements to the state-funded legal aid system. Under the new framework, individuals will be able to receive legal aid not only during proceedings before the Constitutional Court, but already at the stage of preparing a constitutional complaint, thereby ensuring higher-quality and more accessible legal protection. This marks an important step towards ensuring that socially vulnerable persons have a genuine opportunity to defend their fundamental rights guaranteed by the Constitution.

"Every resident of Latvia matters to the State. It is therefore the State's responsibility to ensure equal opportunities for all, regardless of social status, with particular support for those with fewer resources and limited capacity to act, and to guarantee real access to legal protection. By extending access to state-funded legal aid already at the stage of preparing a constitutional complaint, we are strengthening people's ability to defend their constitutional rights and increasing public trust in the State, the rule of law and fair judicial outcomes," emphasised Minister of Justice Inese Lībiņa-Egnere.

Since 2019, when state-funded legal aid was introduced in Constitutional Court proceedings, it has been granted in only nine cases over six years, while more than 1,300 applications have been submitted to the Constitutional Court for examination overall. These figures demonstrate that the existing regulatory framework has not been sufficiently effective in ensuring legal aid for those who objectively need it.

"We welcome the fact that, in cooperation with the Ministry of Justice, the Court Administration and the Latvian Council of Sworn Advocates, the Constitutional Court has received support for its initiative to make state-funded legal aid more accessible to socially vulnerable persons. This is also a matter of state security - protecting our people and preventing the formation of socially marginalised groups that do not feel a sense of belonging to Latvia. It is a respectful approach that does not require disproportionate financial resources from the State," noted Irēna Kucina, President of the Constitutional Court.

At the same time, the draft law establishes clear and strict conditions to ensure that state resources are used in a targeted manner. Legal aid for the preparation of a constitutional complaint will be granted only where:

• the issue falls within the competence of the Constitutional Court;

• all general legal remedies have been exhausted;

• the person is able to present the factual circumstances of the case and substantiate the alleged violation of constitutional rights.

The amendments also provide for higher requirements for legal aid providers, strengthening the importance of an impeccable reputation and expanding qualification assessment mechanisms. The criteria for all persons wishing to conclude legal aid contracts, including advocates and associations, will be improved, ensuring the possibility to verify information on criminal records, administrative offences and professional experience.

The amendments to the Law on State-Funded Legal Aid strengthen access to justice and enhance the quality of legal aid, making Constitutional Court proceedings more effective while ensuring responsible use of state resources. The proposed changes are available on the Legal Acts Drafting Portal; the draft law must still be reviewed by the Saeima and is planned to enter into force on 1 April 2026.