Having supported the amendments to the Constitutional Court Law and the State Civil Service Law developed to ensure the independence of the Constitutional Court and to strengthen the status of a judge of the Constitutional Court, the Judicial Council does not support the amendments to the law “On Judicial Power”, which provide for judges of the Constitutional Court to apply for the position of a judge of the Supreme Court outside the established order.

The Law currently provides for the possibility to apply for the position of a judge of the Supreme Court to a person who has been a judge of the Constitutional Court, a judge of an international court or a judge of a supranational court and who has received a positive opinion of the General Meeting of Judges of Supreme Court’s department. Like other applicants, namely, a judge of a district (city) court or a judge of a regional court, academic staff of the university specialized in the law, sworn advocate or prosecutor, also a judge of the Constitutional Court, international court or supranational court must participate in an open competition for the office of a judge of the Supreme Court. Amendments to the Law provide that a judge of the Constitutional Court, an international court or a supranational court would have the right to apply for a vacancy of a judge of the Supreme Court before the selection of candidates in an open competition is held. Only if the said persons have not expressed a wish to apply or have expressed such a wish, but have not received a positive opinion of the General Meeting of Judges of the Supreme Court’s department, an open competition for the position of a judge of the Supreme Court would be held.

The majority of member of the Judicial Council ruled that such a privilege could not be supported, as it would narrow the circle of candidates for the position of judges of the Supreme Court and reduce the possibility for the General Meeting of Judges of the Supreme Court departments to choose a candidate from all candidate groups as prescribed by law.

The decision was made by the Judicial Council at its meeting on March 9, 2020.

 

Information prepared by

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

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211