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In summary, the Latvian Supreme Court (ST) has ruled that a regulation by the Cabinet of Ministers on water consumption was unconstitutional. The regulation, in force from October 1, 2013, to November 21, 2019, was found to be in violation of the Constitution’s norms on the distribution of water consumption discrepancies. The ST emphasized that water consumption discrepancies can arise due to various reasons and that it is unfair to place the entire burden of covering the discrepancy on a person who has not submitted meter readings for three consecutive months, regardless of the cause of the discrepancy. The disputed regulation stated that in cases where there is a discrepancy between the total water consumption and the water consumption in individual apartments, including water used in accidents and repairs, the water consumption discrepancy should be distributed among the apartment owners who have not submitted meter readings for at least three consecutive months. The ST ruled that this regulation is disproportionate and violates the constitutional principle of fairness and equality. The ST also noted that the regulation has already been applied in many civil cases, and recognizing it as unconstitutional from the date of its adoption could undermine public trust in the legal system and the rule of law. Therefore, the ST ruled that the regulation is unconstitutional from the date of the establishment of the constitutional violation, but it remains valid for ongoing and completed civil cases where the final decision has not been made.
Title: Latvia’s Constitution Establishes Norms for Water Supply Distribution Equality
Introduction
Latvia’s Satversme (Constitution) provides for the equal distribution of water supply, ensuring that all citizens have access to adequate and clean water. This article delves into how the Latvian Constitution regulates the distribution of water, addressing the disparities and social injustices that often arise from unequal access to this essential resource.
The Right to Water in the Constitution
The Satversme notably includes the right to water as a fundamental human right. Article 113 states that:
"Everyone has the right to a healthy and fair living environment. Everyone has the right to water of appropriate quality in the quantities necessary for the satisfaction of their vital needs."
This provision is derived from the UN’s Sustainable Development Goals (SDGs) and the human right to water and sanitation as recognized by the UN General Assembly.
Regulating Water Supply Distribution Equality
The Constitution establishes norms for the distribution of water supply to ensure equality. Several aspects are crucial in this regard:
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Accessibility: The state must ensure that water is accessible to all citizens, regardless of their geographical location or socio-economic status. This means investing in adequate infrastructure and maintaining public water supplies.
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Affordability: Water should be affordable to everyone. While the Constitution does not specify exact pricing, it implies that water prices should not be so high that they prevent people from accessing this essential resource. This can be regulated through pricing policies and subsidies for vulnerable groups.
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Quality: The state must ensure that the water supplied is of appropriate quality. This involves regular water quality testing and treatment to remove pollutants and contaminants.
- Equity in Distribution: In times of scarcity, the Constitution implies a fair distribution system. Water should not be prioritized based on wealth or status, but rather, equitable distribution principles should be applied.
Roles and Responsibilities
The Constitution places the responsibility for ensuring these norms on the state. The state, in turn, delegates this responsibility to local self-governments, which manage water supply systems at the local level. Central and municipal governments must work together to ensure the smooth functioning of water supply systems and address any disparities or injustices that arise.
Conclusion
Latvia’s Constitution plays a crucial role in ensuring water supply distribution equality. By establishing norms for accessibility, affordability, quality, and equity, the Satversme promotes social justice and human rights. However, the effectiveness of these provisions depends on their interpretation and implementation by relevant authorities. Therefore, it is essential for policy makers and water management bodies to continually assess and improve water supply systems to ensure they meet the needs and rights of all Latvian citizens.
