RIGA, April 14 (LETA) - The Constitutional Court has ruled unconstitutional the existing regulation for noise assessment and management insofar as it fails to provide adequate protection against excessive entertainment noise, the court informed LETA.

The court concluded that, contrary to its obligation, the state has failed to regulate the assessment and control of entertainment noise, as well as related accountability issues.

The court concluded that several legislative acts are applicable to excessive entertainment noise in various respects. However, these regulations do not provide adequate protection for individuals. Moreover, the noise assessment and measurement procedures laid down in the noise management regulations are not specifically suited to entertainment noise.

The court noted that noise from entertainment is a form of pollution that can significantly breach the fundamental rights of the individual. The legal framework must therefore balance the right of an individual to enjoy undisturbed privacy at home, the right to health protection and a favorable environment, and, on the other hand, the right of businesses to their property and the important economic, cultural and tourist interests of the community that are pursued by visitors to entertainment events.

Since the assessment of excessive noise from entertainment, the control process and the establishment of effective accountability are important issues for the protection of fundamental rights, it is the duty of the legislator to clearly define their basic principles. The Cabinet of Ministers or other bodies may, however, be entrusted with the elaboration of detailed regulations and technical norms to ensure the implementation of these basic principles, the court said.

During the hearing of the case, amendments to the Pollution Law were adopted and entered into force on March 28 this year, extending the competence of local authorities to regulate and monitor noise arising from events, entertainment venues, and their operation, the court said.

In the present lawsuit, these amendments were not challenged and, given the limits of the claim, their compatibility with the Constitution was not assessed.

The Constitutional Court concluded that the Saeima had not decided on the key issues concerning criteria for excessive entertainment noise that disproportionately restricts a person's fundamental rights.

The Saeima has not laid down the basic principles for the assessment and control of noise, as well as on accountability, and as a result, the Cabinet of Ministers and local authorities are not properly empowered in this area, the Constitutional Court concluded.

The court found that the existing legal framework does not ensure a fair balance between the rights of individuals and the interests of businesses and visitors to entertainment activities. The state has thus failed to ensure adequate protection of individuals against excessive noise from entertainment.

The court gave the Saeima until March 2027 to provide a regulation on the basic principles for the assessment, control and liability for entertainment noise and clarify the powers given to the Cabinet of Ministers and local authorities.

As previously reported, the Constitutional Court opened a case on noise assessment and management in June 2025 following an application by the Ombudsman's Office.

The Ombudsman's Office said that the Cabinet of Ministers has the legislative power to establish indicators for all types of noise, including entertainment noise, the procedure for their application and the methods of assessment.