By suspending the Governor of the Bank of Latvia, Ilmārs Rimšēvičs, from his duties without establishing the actual facts alleged against him, Latvia has failed to fulfil its obligations under the Treaty, according to the Advocate-General of the European Court of Justice, Juliane Kokott, in conclusions reached on Wednesday 19 December (cases C-202 and 238/18).
Mr Rimšēvičs and the European Central Bank (ECB) brought actions before the European Court of Justice after Mr Rimšēvičs was suspended from office by the Latvian Corruption Prevention and Combating Bureau. He is suspected of influence peddling in favour of the Latvian bank ABLV (see EUROPE 11996).
Protocol No. 4 of the Statute of the European System of Central Banks (ESCB) and of the ECB provides that a Governor of a central bank may be dismissed if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct (Article 14.2). This is the first time that the Court has presided over this type of issue in respect of the jurisdiction conferred on it by these statutes.
Although provisional, the measures adopted against Mr Rimšēvičs constitute an increase in functions under the ESCB and ECB Statute, as they prevent him from exercising his functions as Governor and member of the Governing Council of the ECB, notes Ms Kokott.
According to her, the facts alleged against Mr Rimšēvičs - if established - are likely to establish that he no longer fulfils the conditions necessary for the performance of his duties or constitute serious misconduct. The reality of the alleged facts must be demonstrated either by a judgment on the merits delivered by a court of a Member State or by specific tangible evidence.
However, Ms Kokott observes, the allegations against Mr Rimšēvičs have not been the subject of a judgment on the merits delivered by a Latvian court. The administrative documents put forward by Latvia do not contain any factual evidence establishing the verification of the allegations.
The Court is therefore not in a position to verify the merits of the allegations made against Mr Rimšēvičs. In these circumstances, Ms Kokott considers that she cannot verify whether the conditions laid down in the ESCB and ECB Statute to relieve a central bank governor of their duties are fulfilled. (Original version in French by Mathieu Bion)