Amendments of 2022 and 2023 to the Immigration Law of the Republic of Latvia: compatibility with human rights obligations and EU law

Abstract

In response to the geopolitical situation, a series of amendments to the Immigration Law of the Republic of Latvia were enacted in the years 2022 and 2023. These changes had a direct impact on around 25 000 long-term residents of Latvia who had acquired Russian citizenship between 2003 and 2022 and had received their permanent residence permit without undergoing an official language test. The purpose of these amendments was to address threats to democratic order, state security, and to protect of the rights of others. The parliament passed amendments that required this group to demonstrate knowledge of the state language by passing a test certifying their proficiency in Latvian at the A2 level or higher. A constitutional claim was brought before the Constitutional Court, which ultimately ruled that the amendments were in line with the principle of protection of legitimate expectations outlined in Article 1 of the Constitution, the principle of equality before the law as stated in the first sentence of Article 91, the right to inviolability of private life as stated in Article 96, and the prohibition of collective expulsion of aliens as enshrined in Article 4 of Protocol 4 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. These amendments, in part, were a transposition of the Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents and therefore had to comply with EU law. The thesis examines compatibility of the amendments with human rights standards stemming from the Constitution of Latvia and the European Convention for the Protection of Human Rights and Fundamental Freedoms and compliance with EU law, specifically the Council Directive 2003/109/EC of 25 November 2003, and interpretation of the relevant provisions given by the Court of Justice of the European Union.