2
RUBINS v. LATVIA JUDGMENT
A. Events leading to the applicant’s dismissal
6. The applicant was a professor and the head of the Department of
Dermatological and Venereal Diseases of the Faculty of Medicine of Riga
Stradiņa University (hereafter “the University”), which is a State university.
The applicant had been elected to the position of head of department with
effect until 13 April 2013. He was also an elected member of the constituent
assembly of the University (Satversmes sapulce).
7. On 22 February 2010 the Council of the Faculty of Medicine decided
to merge the Department of Dermatological and Venereal Diseases and the
Department of Infectious Diseases. That decision was approved by the
Senate of the University (Senāts) on the following day. It appears that as a
result of the merger the position of head of department occupied by the
applicant was abolished. Accordingly, on 24 February 2010 the applicant
received a warning (brīdinājums) to that effect and was given the
opportunity to agree to the changes in his contract with the University. He
was also informed that if he refused, his employment relationship with the
University would be terminated.
8. On 28 February 2010 the applicant sent various emails to the Rector
of the University concerning the circumstances of the reorganisation and the
abolition of his department. He criticised the decisions taken by the deputy
dean, G.B.
9. On 3 March 2010 the applicant sent another email to the Rector of the
University and to several other recipients, including the members of the
Senate. The email criticised the lack of democracy and accountability in the
leadership of the organisation, which, according to the applicant, stemmed
from the fact that all the members of the Senate were also a part of the
executive authority of the University and there was thus an inadequate
system of checks and balances. He also drew the recipients’ attention to the
alleged mismanagement of the University’s finances. In support of this
allegation the applicant relied on the conclusions adopted by the State Audit
Office (Valsts Kontrole) in December 2009.
10. The applicant further spoke in unfavourable terms about several
representatives of the management of the University, stating, for example,
that [Mr ...]. “pretends to be a God-fearing Catholic ... yet, as far as is
known, has several children born out of wedlock”, that [Mr ...] “cannot
decide a single question by himself, does not keep his word, is lying” and
that [Mrs ...] “has called me and asked me to break the law in the interests
of her protégés”.
11. Finally, the applicant came up with a proposal involving several
amendments to the constitution of the University, such as changes in the
election of the members of the Senate (an obligation to inform the
constituent assembly of the candidate’s CV at least one week before the
elections, the setting-up of an independent electoral commission);
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