PETROPAVLOVSKIS v. LATVIA JUDGMENT 5 alia, that the Citizenship Law could not be used as a political weapon and that a court should have full jurisdiction over such decisions. 19. On 13 February 2006 the Administrative Regional Court (Administratīvā apgabaltiesa) upheld the decision of the Administrative District Court and also considered that the decision of the Cabinet of Ministers was a political decision. The applicant appealed, stating, inter alia, that the granting or denial of citizenship could not be used as a political weapon and that a court should have full jurisdiction over such decisions. 20. On 11 April 2006 the Administrative Department of the Senate of the Supreme Court (Augstākās tiesas Senāta Administratīvo lietu departaments) upheld the decision of the Administrative Regional Court. The court established that, under the Citizenship Law, the Naturalisation Board should prepare a draft decision as regards the establishment of legal facts. The final decision was taken by the Cabinet of Ministers. The Cabinet took its decision, based on the draft decision prepared by the Naturalisation Board, by a vote. Members of the Cabinet were not required to give reasons for their vote and the Law did not stipulate the details of the decisionmaking process. The court stated, inter alia, as follows. “[8.3] ... the Cabinet of Ministers [has] unrestricted competence as regards granting or refusing citizenship to persons who, as found by the Naturalisation Board, have met the naturalisation criteria. Such unrestricted freedom of action, which is also in stark contrast [krasi kontrastē] to the detailed regulation regarding a decision of the Naturalisation Board, shows that the Cabinet of Ministers in such a case performs a constitutional rather than an administrative function. Thus, the Cabinet of Ministers cannot be regarded as a public authority for the purposes of administrative procedure. Therefore, the argument stated in the ancillary complaint that the said decision meets all the criteria of an administrative act is unfounded. Having regard to the above, the conclusion of [the Administrative Regional Court] that the decision appealed against cannot be regarded as an administrative act, but as a political decision, is correct. ... [10] In the Administrative Department’s view, if a person meets all the requirements for naturalisation and if no restrictions for naturalisation are applicable, [there is] a subjective right only to have a draft decision concerning acquisition of citizenship examined by the Cabinet of Ministers. [11] The fact that the legislation does not set out a procedure for appeal against a decision of the Cabinet of Ministers does not mean that such decision is subject to appeal like an administrative act, in accordance with the Administrative Procedure Law. There is no established practice in Latvia of indicating expressis verbis in a legal act that the relevant decision is not subject to appeal ... [12] ... In the Administrative Department’s view, the laws of Latvia provide for the possibility of monitoring [kontrolēt] decisions taken on naturalisation issues. That is to say, decisions taken by the Naturalisation Board (administrative acts) are subject to appeal before a court, in accordance with the Administrative Procedure Law, whereas if a decision of the Cabinet of Ministers or a part of it is incompatible with the law, a public prosecutor can submit an application for supervisory review [protests] under section 19 of the Law on the Prosecutor’s Office. Therefore, the [applicant’s] reference to [Article 12 of] the European Convention on Nationality is unfounded.”

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