Financial Services, Latvia, Legislation, Society

The case has been initiated on the basis of the Ombudsman’s application. The Ombudsman holds that the minimum income level set by the Cabinet for recognizing a family  or a person as needy is incompatible with the principle of a socially responsible state, does not ensure protection of human dignity and does not fulfill the positive obligation of the state that follows from Article 109 of the Constitution to provide to a person the social assistance he or she needs.

The Ombudsman notes that the minimum income level that complies with the status of a needy family or a person has not been reviewed since 2011. Thus, the state has not fulfilled the obligation to re-examine the level of social protection regularly, striving to increase inhabitant’s quality of live with the maximum available resources. Allegedly, much larger number of Latvia’s inhabitants needs social support measures than the contested norm currently allows.

The Constitutional Court ruled that the norm on the minimum income level for recognizing family or person as needy will be invalidated as of January 1, 2021.

The Constitutional Court's judgment is final and cannot be appealed.

This is the third Constitutional Court judgment based on the application of the Ombudsman on unconstitutional norm of social guarantees. The earlier rulings referred to the minimum income level and social benefits to unemployed persons with disabilities and seniors.