Article 1 of this Law stated that “the internal loan of 1931 for road building with
premiums shall be issued for the nominal value of 12 million lats for 30 years. The
loan shall be issued on the basis of a special instruction of the Minister for Finance”
(Collection of laws and Cabinet regulations, issue No. 11, 18 May 1931, pp. 441-447).
On 29 June 1931, the President of the State announced to the Saeima the Law on
Short-term External Loan adopted on 22 June 1931. Article 1 of this Law stated: “The
Cabinet of Ministers shall be authorised to commission the Minister for Finance to
issue government bonds for the amount of up to 20 million lats” (Collection of laws
and Cabinet regulations, issue No. 22, 12 August 1931, p. 772).
The above references illustrate that the matters pertaining to international and other
loans that significantly affect the State budget were dealt with by the Saeima through
legislation in the 20s and 30s of the last century. The initial practice after the
restoration of the Constitution was that the matters related to international loans were
decided by the Saeima (see, e.g., the Law on the Investment Bank of Latvia General
Loan Security Agreement between the Republic of Latvia and the European Investment
Bank adopted on 29 March 1995 and the Law on the Agreement between the Republic
of Latvia and Nordic Investment Bank adopted on 29 March 1995).
Article 81 of the Constitution stated: “In cases of urgent necessity between sessions of
the Saeima, the Cabinet of Ministers shall have the right to issue regulations which
shall have the force of law.” These regulations did not have the power to amend, inter
alia, the budget and budget rights, and they could not be applied to loans and the issue
of Treasury bonds. The fact that Article 81 has been deleted from the Constitution
does not provide grounds for concluding that the matters specified therein would now
fall within the area of authority of the Cabinet of Ministers. That is, even after the
Constitution has been amended and Article 81 deleted, the Saeima still has exclusive
authority to decide on the matters pertaining to the areas specified in this article, and
the Cabinet of Ministers has no rights to decide on the matters regulated therein.
The Constitutional Court admitted that the matters the Cabinet of Ministers dealt with
by entering into the respective commitments with the international creditors were
deemed as sufficiently important matters for the State and public life to be decided
through legislation by the Saeima. It also obviously follows from the replies of the
Saeima that the receipt of the international loan is of the last importance for halting the
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