Every year the Supreme Court summarises case-law on topical legal issues. This year, taking into account great number of cases related to public service relations, and importance of case-law conclusions in those, case-law in this category of cases is summarised.

Quite extensive case-law on elimination of public service relations can be explained not only with cut-down of number of officials in state administration in 2008-2010, but also with insufficient regulation of this issue in legal provisions.

Summary is prepared by Doctor of Law Edvins Danovskis, in cooperation with the Department of Administrative Cases of the Senate and the Division of Case-law of the Supreme Court.

The summary contains case-law studied, which is related to public service relations with civil servants, officials with special ranks, warriors, and judges and prosecutors.   The summary does not comprise issues related to disciplinary responsibility of judges, as these issues are not subjected to control of administrative courts, as well as rulings regarding persons subjected to an institution in special way, for example, about prisoners.

Rulings of the Administrative regional court and the Department of Administrative Cases of the Senate of the Supreme Court, which were adopted as from 2007 till March, 2013, are used in case-law summary – 125 conclusions expressed in rulings were used.

As Veronika Krumina, the Chair of the Department of Administrative Cases of the Senate, indicates, the goal of the summary is to give an opportunity to society to learn conclusions from court rulings, which were previously published partly, and to promote adoption of legal and grounded institutional decisions and uniform case-law in further cases, which are related to public service relations.  At the same time, attention should be paid to the fact, that before use of case-law conclusions mentioned, it is necessary to make sure, if amendments are not made in legal provisions applicable an, thus, if case-law conclusions, which are mentioned in summary, are still topical.   

One may get acquainted with summary “Case-law in cases on public service. 2007-2013” on the web site of the Supreme Court in Judicature section related to compilations of court decisions in administrative law, see here:   //en/court-proceedings-in-the-supreme-court/compilations-of-court-decisions/administrative_law/

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211