The Right to Hold Position in the Civil Service

Section 101 of the Constitution of the Republic of Latvia
Article 21 of the Universal Declaration of Human Rights
Article 17 25? of the UN International Covenant on Civil and Political Rights

The right to hold position in the civil service should be viewed separately from the right of individuals to employment. The work in public service differs from that performed in private sector in terms of the legal aspects of establishing of the legal relations as well s in terms of the purpose of work that is closely linked to fulfillment of public assignment.

Exercising of the right to hold office in the civil service in Latvia is fixed in the law, as follows from the stipulation in the Constitution: “Every citizen of Latvia has the right, as provided for by law, to participate in the work of the State and of local government, and to hold a position in the civil service.” The civil service is not necessarily available to all persons, provided however that the applicable criteria are objective.

A number of restrictions are imposed by law on the individuals who seek engagement in the civil service: for example, they have to be citizens of the State, loyal to democracy, etc. The said right is aimed at ensuring legitimacy of the rule of law of democratic state.