ŽDANOKA v. LATVIA JUDGMENT
13
Article 6 of the Constitution shall be applied after the restoration of the State and
administrative structures of the independent Republic of Latvia, which will guarantee
free elections;
(5) to introduce a transition period for the re-establishment of the Republic of
Latvia’s de facto sovereignty, which will end with the convening of the Parliament of
the Republic of Latvia. During the transition period, supreme power shall be exercised
by the Supreme Council of the Republic of Latvia;
(6) during the transition period, to accept the application of those constitutional and
other legal provisions of the Latvian SSR which are in force in the territory of the
Latvian SSR when the present Declaration is adopted, in so far as those provisions do
not contradict Articles 1, 2, 3 and 6 of the Constitution of the Republic of Latvia.
Disputes on matters relating to the application of legislative texts will be referred to
the Constitutional Court of the Republic of Latvia.
During the transition period, only the Supreme Council of the Republic of Latvia
shall adopt new legislation or amend existing legislation;
(7) to set up a commission to draft a new version of the Constitution of the
Republic of Latvia that will correspond to the current political, economic and social
situation in Latvia;
(8) to guarantee social, economic and cultural rights, as well as universally
recognised political freedoms compatible with international instruments of human
rights, to citizens of the Republic of Latvia and citizens of other States permanently
residing in Latvia. This shall apply to citizens of the USSR who wish to live in Latvia
without acquiring Latvian nationality;
(9) to base relations between the Republic of Latvia and the USSR on the Peace
Treaty of 11 August 1920 between Latvia and Russia, which is still in force and which
recognises the independence of the Latvian State for all time. A governmental
commission shall be set up to conduct the negotiations with the USSR.”
53. The operative provisions of the Constitutional Law of 21 August
1991 on the status of the Republic of Latvia as a State (Konstitucionālais
likums “Par Latvijas Republikas valstisko statusu”) read as follows:
“The Supreme Council of the Republic of Latvia decides:
(1) to declare that Latvia is an independent and democratic republic in which the
sovereign power of the State of Latvia belongs to the Latvian people, the status of
which as a State is defined by the Constitution of 15 February 1922;
(2) to repeal paragraph 5 of the Declaration of 4 May 1990 on the Restoration of the
Independence of the Republic of Latvia, establishing a transition period for the de
facto restoration of the Republic of Latvia’s State sovereignty;
(3) until such time as the occupation and annexation is ended and Parliament is
convened, supreme State power in the Republic of Latvia shall be fully exercised by
the Supreme Council of the Republic of Latvia. Only those laws and decrees enacted