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ŽDANOKA v. LATVIA JUDGMENT
F. Elections to the European Parliament
51. Latvia became a member of the European Union on 1 May 2004.
Prior to that date, on the basis of the European Parliament Elections Act
(Eiropas Parlamenta vēlēšanu likums) of 12 February 2004, the applicant
was granted permission to run in those elections. They were held on 12 June
2004 and the applicant was elected as a member of the European
Parliament.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Provisions regarding Latvia’s status
52. The operative provisions of the Declaration of 4 May 1990 on the
Restoration of the Independence of the Republic of Latvia read as follows:
“The Supreme Council of the Latvian SSR decides:
(1) in recognition of the supremacy of international law over the provisions of
national law, to consider illegal the Pact of 23 August 1939 between the USSR and
Germany and the subsequent liquidation of the sovereignty of the Republic of Latvia
through the USSR’s military aggression on 17 June 1940;
(2) to declare null and void the Declaration by the Parliament [Saeima] of Latvia,
adopted on 21 July 1940, on Latvia’s integration into the Union of Soviet Socialist
Republics;
(3) to restore the legal effect of the Constitution [Satversme] of the Republic of
Latvia, adopted on 15 February 1922 by the Constituent Assembly [Satversmes
sapulce], throughout the entire territory of Latvia. The official name of the Latvian
State shall be the REPUBLIC of LATVIA, abbreviated to LATVIA;
(4) to suspend the Constitution of the Republic of Latvia pending the adoption of a
new version of the Constitution, with the exception of those Articles which define the
constitutional and legal foundation of the Latvian State and which, in accordance with
Article 77 of the same Constitution, may only be amended by referendum, namely:
Article 1 – Latvia is an independent and democratic republic.
Article 2 – The sovereign power of the State of Latvia is vested in the Latvian
people.
Article 3 – The territory of the State of Latvia, as established by international
agreements, consists of Vidzeme, Latgale, Kurzeme and Zemgale.
Article 6 – Parliament [Saeima] shall be elected in general, equal, direct and secret
elections, based on proportional representation.