Here below you will find information on legal remedies available to economic operators in Latvia and EU, in order to seek clarification or to appeal against administrative decisions taken by public authorities.
Decisions issued by the Latvian national authorities can be disputed under the Administrative Procedure Law.
The decision issued by the Latvian authority can be disputed by submitting an appeal to that authority.
Latvian institution examines and assesses the submission before carrying out or, if it is possible, before completing the actual action. The institution notifies its decision following general procedures. A private person may dispute or appeal the decision of the institution as an administrative act within one month from the day it comes into effect, but if there is not set out in an administrative act issued in writing a statement as to where and within what period it may be disputed – within one year period from the day it comes into effect.
An administrative act may be disputed to a higher authority by procedures regarding subordination or immediately appealed to a court. The law or Cabinet Regulations may determine another institution where the relevant administrative act may be disputed.
An appeal to a court against an institution’s decision does not suspend its operation or its legal effect. Therefore, the decision enters into force and applies notwithstanding any appeal.
If the economic operator experienced unjustified restrictions or denial of market access in any EU Member State, he has a right to use the Internal Market Problem Solving Network (SOLVIT).
SOLVIT is used to try to resolve the issues associated with the freedom of movement of goods and services within the EU, decisions of public authorities denying issuance of permits or licences, or rejecting applications on recognition of professional qualifications, etc.
What is SOLVIT?
SOLVIT is the Internal Market problem-solving network. SOLVIT is a service provided by the national administration in each EU country and in Iceland, Liechtenstein, and Norway. It can be used by citizens as well as economic operators.
SOLVIT aims to find solutions within 10 weeks starting on the day your case is taken on by the SOLVIT center in the country where the problem occurred.
SOLVIT is not a court! Due to its informal nature, SOLVIT cannot run in parallel with formal or legal proceedings. SOLVIT centers can only argue with other public authorities about the possible misapplication of EU law. If the authority does not follow the instructions of SOLVIT, the case should be taken to court.
When SOLVIT can help?
SOLVIT can help:
- if a problem arises in another EU country (cross-border issue)
- when rights under EU law are breached by a public authority in an EU country.
SOLVIT cannot help:
- if a company is having problems with another company
- if it is a consumer-related problem
- if a company or citizen is having problems with EU institutions
- on issues when someone is seeking compensation for damages
- if the case is already taken to court.
How to submit a complaint to SOLVIT?
Before submitting a complaint to SOLVIT, please make sure:
- a problem is breached by a public authority in another EU Member State?
- if and what EU norms are violated?
In case of questions about the SOLVIT procedure or how to file an application please contact the Latvian SOLVIT center by e-mail: firstname.lastname@example.org.