Abstract
The chapter provides analysis of obstacles for the introduction of direct citizen participation in the decision-making process at the local self-governments in Latvia, as well as intents of national government to widen participative democracy by formalization of consultation mechanisms. Within the scope of this study, participation is seen as an interaction form of relationship between citizens and a local government. The highest form, according to Arnstein's gradation theory of a ladder of citizen participation, refers to the participation degree called partnership, delegated power, and is described by Teorell as a citizen voice in the government. Situation and perspective of local government referendums are analysed. Consultation is implemented at the level by involving the residents in the work of local government commissions and implementing public deliberations. Administrative territorial reform, performed by 2021 elections, will decrease the number of local governments to a third of their current level.
TopIntroduction
The system of local governments in Latvia is in the middle of reforms. Law on Administrative Territories and Populated Areas (2020) stipulates that 42 local governments, instead of current 119, will start their work on 1 July 2021 in Latvia. On 5 June 2021, there was an election of local government in 40 newly established units: 34 municipality governments and 6 state cities governments, except for Riga and municipality governments of Varakļāni and Rēzekne. As a result of the reform, the number of deputies, compared to the previous election of local governments, was reduced two time. 1614 deputies were elected in the election of local governments in 2017, while 664 – in the election of 2021 (Central Election Commission of Latvia (CEC), 2021). The total deputy number of the local governments will change after the reform since an early election of Riga City Council took place on 29 August 2020, in which 60 deputies were elected, and as for both above-mentioned municipality governments, there will be an election on 11 September 2021. Also, the number of local governments will change since almost 20 of them have contested compliance of their merger run and principles with international legal norms that are binding to Latvia and with the Constitution of the Republic of Latvia (Satversme), by filling an application to Constitutional Court (CC) of the Republic of Latvia. Among judgments adopted by the CC in the first half of 2021, there are two cases when the CC established that the contested norms do not comply with Constitution. Therefore, the number of local governments during development of this publication has already changed from 42 to 43. After the last judgment of the CC (No. 2020-43-0106), that was announced only a few days before the local government election (CC, 28.05.2021), the election in two municipalities was cancelled (CEC, 2021). Out of eight local government elections that took place in Latvia after the restoration of independence, i.e., from 1994, the election of 2021 is the local government election with the lowest citizen participation (34%) in the history of local democracy.
After restoration of independence in the 1990, Latvia has experienced four administrative territorial reforms. The first reform was centralization (1994) of Rīga city government, when instead of two-scale governments in capital city (Rīga + 6 districts), only one – government of the capital city – was established. The second reform was abolishing elections in 26 regional councils (1998) and replacing them by delegates from local governments. The third reform (2009) was abolishing of regional governments and reduction of the number of local governments 5 times. The fourth reform is being implemented after 5 June 2021, and its content is reduction of the number of municipalities 3 times. Therefore, from 596 local and regional governments in 1990s, Latvia will only have 43 local governments (Pūķis & Seimuškāne, 2021). In 30 years, after restoration of independence, reforms of local governments have mainly been focused on reduction of their number rather than on political reforms, including as for direct citizen participation, although various legislative and political initiatives on direct democracy forms at the level of local governments have been included in public policy agenda of local governments all these years.
Key Terms in this Chapter
Administrative Territorial Reform: The Law on Administrative Territories and Populated Areas (2020) envisages the reduction of municipalities with the establishment of 42 local governments in Latvia from July 2021 onwards. Before this reform, there were 119 administrative territories in the country. Latvia has experienced four administrative territorial reforms in 30 years.
Administrative Territories: The Republic of Latvia shall be divided into the following administrative territories: 1) territories of local governments of State cities; 2) territories of municipality (local) governments.
local government: Is a local administration which, through bodies of representatives elected by citizens - city or municipality council - and authorities and institutions established by them, ensures the performance of the functions prescribed by law, as well as the performance of tasks assigned by Cabinet according to the procedures specified by law, and local government voluntary initiatives, observing the interests of the State and of the residents of the relevant administrative territory.
Latvia: As independent country was founded in 1918. Independence was interrupted by Soviet period and renewed in 1991. Latvia is a parliamentary republic. Satversme – Constitution of Latvia, adopted in 1922, readopted in 1993. Ceremonial Chief of State is the President, he is elected by the Saeima (Parliament). Head of Government is the Prime Minister. The country is a member of the European Union (EU) since May 2004.
Citizen participation: Is as a voluntary and lawful (i.e., compliance with legal norms) action of private persons with an aim to affect actions of government official, their political choice, or their decisions in various level of the political system.
Direct Participation: Citizens’ rights on a direct and immediate participation in making the key decision of the state and society participating in referendums not only executing the mandatory legislation requirements but also after a personal initiative regardless the will of representative institutions.