Financial Barriers to Access to Justice

Independent legal research examining when a procedural security deposit may become a practical barrier to access to justice in Latvian civil proceedings. The study analyses the EUR 80 security-deposit regime for ancillary complaints under Section 43.¹ of the Latvian Civil Procedure Law, with particular attention to the assessment of an applicant's financial circumstances, evidentiary standards, proportionality, legal certainty and the practical effectiveness of judicial remedies. Drawing on four primary procedural documents issued or submitted between 31 August and 9 September 2026, the research compares materially similar financial circumstances that resulted in different judicial outcomes. It examines the distinction between formal asset ownership and actual liquidity, the limits of adverse inferences from incomplete evidence, and the availability of full or partial exemption from procedural payments. The analysis further considers Article 92 of the Constitution of Latvia and Article 6(1) of the European Convention on Human Rights, including the principle that procedural financial requirements must not impair the essence of the right of access to a court. The publication concludes with a proposed seven-step operational test for assessing applications for exemption from security deposits and includes the relevant primary-source materials in its documentary annexes. Author: Diks AncveirsResearch type: Independent Legal ResearchJurisdiction: LatviaLanguage: English / Latvian