The Constitutional Court recognized as compatible with the state’s basic law the provisions that establish restrictions on the composition of electronic smoking devices and tobacco substitute products.
The Court emphasizes that commercial activity is important for the development of the national economy; however, in the present case it must be taken into account that the benefit from the fundamental rights restriction contained in the contested regulation is enjoyed both by every individual and by society as a whole, since the contested regulation reduces the attractiveness of electronic smoking devices and tobacco substitute products, protects the public, especially children and young people, from nicotine addiction and the related health risks.
The case was initiated in the Constitutional Court on the application of two capital companies.
The Constitutional Court indicated that the aim of the contested regulation is the protection of people’s right to health, especially that of children and young people, by establishing a stricter regulation regarding products containing nicotine. Consequently, the legitimate aim of the restriction of fundamental rights is to protect the health of the public, in particular children and young people, and to prevent potential risks of developing nicotine addiction. Public health is an issue of national importance; therefore, the restriction also serves to protect public welfare.
The Constitutional Court stressed that the contested regulation ensures a fair balance between the restriction of a person’s right to property and public health, serving a broader and long‑term goal – the protection of society as a single whole. Given the rapid increase in the consumption of these products in Latvia and the associated threats to health, the lawful interests of individual merchants cannot be placed above the health interests of society as a whole. Thus, the benefit that society gains from the restriction of fundamental rights is greater than the harm caused to merchants.
At the same time, taking into account the situation in the illegal market, as well as merchants’ efforts to offer new solutions in retail outlets regarding products containing nicotine, the Constitutional Court also drew the legislator’s attention to the fact that, going forward, it is necessary to constantly review whether the measures introduced to reduce the consumption of products containing nicotine effectively fulfill their task of protecting the health and welfare of the public, especially children and young people.
Originally published at https://inc-baltics.com/liegums-pievienot-aromatizetajus-elektroniskajam-cigaretem-atbilst-satversmei/
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