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Legal analysis reveals procedural fee requirements obstruct judicial protection in civil proceedings, highlighting the need for individualized financial capacity assessments.
This legal and evidentiary analysis examines whether procedural financial requirements may become a practical barrier to effective judicial protection in Latvian civil proceedings. The study focuses on a Riga City Court decision of 2 September 2026 concerning an EUR 80 security deposit for an ancillary complaint and the refusal to grant an exemption based on the applicant's financial circumstances. Particular attention is given to the distinction between the formal existence of a bank account and actual access to disposable financial resources, including subsequent evidence concerning the closure of an INDEXO Banka account. The analysis considers Latvian Civil Procedure Law, Article 92 of the Satversme and Article 6(1) of the European Convention on Human Rights, together with relevant constitutional and European human-rights principles concerning practical and effective access to a court. The publication argues for an individualized, current and evidence-based assessment of financial capacity where non-payment of a procedural charge may prevent judicial review.
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Diks Ancveirs (2026) studied this question.
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