On decisions of the session of the Board of Justice of the 8th of April 

 

The Board of Justice supports review of decisions of shareholders’ meetings in one court, but doesn’t agree with appeal of cases in cassation

The Board of Justice, having reviewed law “Amendments to the Civil Procedure Law”, pursuant to request of the Legal Affairs Committee of the Saeima, which were given by the President of the State for repeated revision, supported regulation provided in the law to establish one concrete court to review cases on invalidation of decisions of meetings of participants (shareholders) of capital companies.   

In its turn, vote of the Board of Justice upon the second problematic issue, to which attention was turned by the Department of Civil Cases of the Senate, was negative.  The Board of Justice doesn’t support procedure stated in the law that judgement of district (city) court in cases on invalidation of decisions of meetings of participants (shareholders) of capital companies is to be appealed against in cassation procedure.   

In discussions of the Board of Justice, the most the most persuasive support was given to proposal that if it is necessary to deviate from principle of review of cases in three court instances, then these cases should be revised in appellate, not in cassation proceedings. It would allow directing Senate’s resource to solving of principal issues of application of legal standards, and at the same time, it would promote faster review of these cases important for businessmen and investors. In appellate proceedings, verifying both factual and legal issues once more, it is possible to solve problems faster rather than doing it via cassation instance, which would not assess evidences, but would sent a case for re-examination in the first instance court.  

 

Decisions of the Board of Justice in issues of judicial careers: transfer, prolongation of term, substitution  

The Board of Justice supported transfer of Marika Bebrisa, the judge of Riga city Latgale Suburb court, in the post of a judge of a regional court, determining to execute judicial duties in Riga regional court, after being approved by the Saeima in the post of a judge of a regional court.

The judge Bebrisa applied in competition for a vacant post of a judge in the Judicial Panel of Civil Cases of Riga regional court, and she was considered to be an appropriate candidate for this post. Positive statement was given by the Judicial Qualification Committee.

Marika Bebrisa has professional degree of Master of Law. Since 2005, she has been the judge of Riga city Latgale Suburb court, and she has been executing duties of a judge of Riga regional court for the period of vacancy of a judge.   

The Board of Justice supported request of the Minister of Justice to prolong being of Inta Jekabsone, the judge of Riga regional court, in judge’s post until the 28th of April, 2015 – namely, two years after reaching maximum age for the post of a judge.

The Board of Justice instructed Ramiro Grandans, the judge of Jekabpils district court, to execute duties of a judge of Zemgale regional court in temporary absence of a judge, and Inese Grauda, the judge of Riga regional court – to execute duties of a judge of the Chamber of Civil Cases of the Supreme Court in period of a vacancy of a judge for the term not exceeding two years.

 

The Board of Justice will continue to review draft law of amendments to the law “On Judicial Power” in its next session

The Board of Justice began to review developed amendments to the law “On Judicial Power”, transferred by the Sub-committee of Court Policy of the Legal Affairs Committee of the Saeima to the Board of Justice before the third reading.  

The draft law provides to implement management of terms of review of cases in courts, publishing of court judgements on the home page on the Internet, extension of competences and determination of terms of office of chairs of courts, as well as changes of structure and functions of the Supreme Court and other significant reforms in courts’ activity.

The Board of Justice will continue to assess draft law “Amendments to the law “On Judicial Power”” in the next session of the board, which is planned to take place on the 22nd of April.

 

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