Rules of Procedure of the Latvian Cabinet of Ministers (2002) (excerpts related to Freedom of Association) (English)
RULES OF PROCEDURE OF THE CABINET OF MINISTERS, REGULATIONS NO 111 (14 March 2002, as amended through 4 November 2002)
1. General Provisions
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7. Heads of other state or municipal institutions, as well as non-governmental organisations have the right to submit a draft policy document, draft legislative act or informative statement for consideration at the meeting of the respective Cabinet Committee or Cabinet sitting only via mediation of a Cabinet member who is politically responsible for the respective sphere.
8. If the respective Cabinet member refuses to progress the draft policy document, draft legislative act or informative statement mentioned in Point 7 of the present Regulations for consideration at the Cabinet of Ministers, the head of the institution has the right to submit the above-mentioned draft together with the written refusal argued by the respective minister to the Prime Minister for final decision on further progress of the draft policy document, draft legislative act or informative statement.
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10. Heads of other state or municipal institutions, as well as non-governmental organisations and other institutions have the right to submit a draft legislative act for consideration at the State Secretaries’ meeting only via mediation of the State Secretary of the ministry competence of which includes matters addressed in the draft legislative act. The State Secretary coordinates submission of this draft to the State Secretaries’ meeting with the respective Cabinet member noting it in the covering letter.
11. If the respective Cabinet member objects submission to the Cabinet of Ministers of a draft legislative act elaborated by the institutions mentioned in Paragraph 10 of the present Regulations, the head of the institution has the right to submit the above-mentioned draft together with the written refusal argued by the respective minister to the Prime Minister for final decision on further progress of the draft policy document, draft legislative act or informative statement.
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6. Registration, Announcement and Coordination of Draft Policy Documents and Draft Legislative Acts
50. The State Secretaries’ meeting is organised and chaired by the Director of the State Chancellery and takes place every week, usually on Thursdays. In case of absence of the Director of the State Chancellery, the organiser and chairman of the meeting is the person who replaces the Director of the State Chancellery (hereinafter referred to as chairman of the meeting).
51. The following persons may participate in the State secretaries’ meeting:
51.1. with the right of vote – State Secretaries, Head of the Secretariat of the Minister for Special Assignments, Director of the European Integration Bureau and Director of the State Chancellery (hereinafter referred to as voting participants);
51.2. in the advisory capacity – officials of the State Chancellery, representative of the State Control, representative of the General Prosecutor’s Office, Parliamentary Secretaries, representative of the Latvian Association of Local Governments, representative of the Public Services Regulatory Committee, representative of the National Trilateral Cooperation Council, representative of the Regional Development Council, representative of the National Economy Council and representative of non-governmental organisations;
51.3. in advisory capacity – other persons invited by the Director of the State Chancellery (in relation to the agenda).
52. State Secretaries’ meeting:
52.1. approves the list prepared by the State Chancellery of the submitted policy documents and draft legislative acts and of canceling of the announced drafts;
52.2. considers report of the State Secretary on the submitted draft policy document and, if necessary, on draft legislative act;
52.3. decides on the necessity of public discussion, necessity of an annotation or necessity to supplement the explanatory note for the submitted draft legislative acts if such is requested by a voting member;
52.4. prior to consideration by the Cabinet of Ministers considers those draft legislative acts that cannot be regarded as coordinated in accordance with Paragraphs 80 and 87 of the present Regulations;
52.5. considers issues related to progress in fulfillment of the assignments given in laws, Saeima resolutions, legislative acts of the Cabinet of Ministers and orders (resolutions) of the Prime Minister.
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56. A person appointed by the Director of the State Chancellery makes minutes of the state secretaries’ meeting. The minutes include names of persons participating and speaking about the relevant question, decisions and presentation of different opinions. The minutes of the state secretaries’ meeting shall also include record of the institutions mentioned in Paragraph 78 of the present Regulations, which according to Paragraph 61 of these Regulations have refused to provide opinions on the announced draft.
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6.1. Registration and Announcement of Drafts
59. In order to register new drafts for announcement at the State Secretaries’ meeting, two working days prior to the State Secretaries’ meeting (Tuesdays, until the noon) voting participants submit to the State Chancellery a draft policy document or draft legislative act and its annotation, the application (see Appendix 1) and for drafts which do not require an annotation – explanatory note by the State Secretary with a brief summary and substantiation of the draft.
60. The State Chancellery places the draft and related documents on the Internet homepage of the Cabinet of Ministers (Wednesdays, until 9 a.m.). The draft is regarded as registered from the moment when it is placed on the Internet homepage of the Cabinet of Ministers.
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64. The State Secretaries’ meeting considers and approves the list of the registered and cancelled drafts prepared by the State Chancellery and decides on the necessity of public discussion and necessity of an annotation for draft regulations of the Cabinet of Ministers (Paragraph 62 of the present Regulations), or on necessity to elaborate the explanatory note, as well as, if necessary, on the term for presentation of opinion and preparation of the annotation and explanatory note.
65. The State Secretaries’ meeting considers and approves the list of the registered and cancelled drafts prepared by the State Chancellery and decides on the necessity of public discussion and necessity of an annotation for draft regulations of the Cabinet of Ministers (Paragraph 62 of the present Regulations), as well as, if necessary, on the term for presentation of opinion and preparation of the annotation.
66. The registered draft is regarded as announced and term for presentation of opinion starts two working days after the State Secretaries’ meeting (Mondays, until 9 a.m.) in which the list of registered drafts was considered and approved, if not otherwise decided at the State Secretaries’ meeting. Opinion has to be presented on the draft placed on the Internet homepage of the Cabinet of Ministers.
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6.2. Coordination of Drafts
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79. If opinions on the draft policy document or draft legislative act express objections or proposals, the ministry that has submitted the draft (hereinafter referred to as "the ministry in charge") examines them, elaborates the draft and prepares a statement on the objects expressed in the opinions (see Appendix 2) (hereinafter referred to as "statement").
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81. If the ministry in charge or another institution does not take into account the objections included in the opinions upon their examination or it is done just partly, within a week’s time upon the expiry of the term for submission of opinions it sends the statement and the elaborated draft to the ministries and other institutions that have provided their opinions. (…)
7. Submission of Draft Policy Documents, Draft Legislative Acts and Informative Statements
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95. Draft policy document and the attached draft legislative act (Paragraphs 16, 21, 25 and 29) that is submitted for consideration at the meeting of the respective Cabinet Committee or the sitting of the Cabinet of Ministers shall include:
95.1. a covering letter (one common) signed by the submitter and providing the following information: (…)
95.1.3. the persons invited to the meeting of the Cabinet Committee or the sitting of the Cabinet of Ministers and the person who informs about the issue in question; (…)
95.2. opinions (originals) of the ministries and other institutions that are mentioned in the respective protocol resolution of the State Secretaries’ meeting; (…)
95.6. information signed by the submitter about consultations with local governments and non-governmental organisations and their views about the draft;
96. The draft legislative act submitted to the State Secretaries’ meeting for consideration in accordance with Sub-Paragraph 52.4 of the present Regulations shall be attached with:
96.1. a covering letter signed by the State Secretary containing the following information: (…)
96.1.3. the persons invited to the State Secretaries’ meeting and the person who informs about the issue in question; (…)
96.7. documents specified in Sub-Paragraphs 95.2, 95.3 and 95.4 of the present Regulations.
97. The draft legislative act which upon consideration at the State Secretaries’ meeting is submitted to the meeting of the respective Cabinet Committee or the sitting of the Cabinet of Ministers shall be attached with:
97.1. a covering letter signed by the submitter and providing the following information; (…)
97.1.2. the persons invited to the meeting of the Cabinet Committee or the sitting of the Cabinet of Ministers and the person who informs about the issue in question at the meeting of the Cabinet Committee;
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100. The informative statement and the attached draft legislative act (Paragraphs 38 of the present Regulations) shall be attached with:
100.1. a covering letter (one common) signed by the submitter and providing the following information: (…)
100.2. opinions (originals) of the respective ministries or other institutions if the draft order that is attached to the informative statement projects further activities in relation to the document and these activities are related to the competence of the respective ministries or other institutions.
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8. Progress of Draft Policy Documents and Draft Legislative Acts
8.1. Procedure of Draft Legislative Acts’ Consideration at the State Secretaries’ Meeting
110. In order to coordinate views and to prepare a draft legislative act for consideration at the Cabinet sitting, the announced draft legislative act is initially considered at the State Secretaries’ meeting.
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112. Upon signing the agenda of State Secretaries’ meeting the State Chancellery shall direct it, as well as the drafts included in the agenda together with the respective materials to the participants of the meeting, as well as to other persons and institutions (in accordance with the list approved by the Director of the State Chancellery).
113. The State Chancellery shall send all the materials mentioned in Paragraph 112 not later than three working days before the meeting.
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117. Views of the State Secretaries’ meeting (specifying also separate views if appropriate) about the draft legislative acts for which during the State Secretaries’ meeting no agreement was reached are recorded in the protocol of the State Secretaries’ meeting, and this information is included in the covering letter of the draft legislative act when it is submitted to the Cabinet of Ministers for consideration.
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