FINANCIAL BARRIERS TO JUSTICE
This legal research examines financial barriers to effective access to justice in Latvian civil enforcement proceedings. It analyses the interaction between security deposits, judicial review of bailiff actions, and the procedural safeguards available to persons who are objectively unable to meet court-related financial requirements. The study focuses on the constitutional guarantee of access to a fair court under Article 92 of the Latvian Constitution and the standards developed under Article 6(1) of the European Convention on Human Rights. Particular attention is given to the principle that procedural financial requirements must not impair the very essence of the right of access to a court. Using documented Latvian court proceedings as a case study, the research examines the practical consequences that may arise when a request for exemption from a security deposit is not adjudicated before procedural consequences are imposed. The paper also considers judicial consistency, proportionality, effective judicial protection, and the relationship between formal procedural requirements and practical access to justice.
Authors
- Diks Ancveirs
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2026-09-08
- DOI
- https://doi.org/10.5281/zenodo.22665961
- Primary Topic
- Judicial and Constitutional Studies
- Type
- preprint