On 12 February, amendments to the law "On Judicial Power" came into effect, which significantly increased the role of the Council for the Judiciary regarding the career issues of judges, thus reducing the influence of the executive and legislative powers on these issues. Similarly, the role of the departments of the Supreme Court has been expanded when deciding on the highest stage of career development of judges – the cassation instance, as well as the authority of the Disciplinary Court has been extended.

Expansion of functions of the Council for the Judiciary

The amendments to the law prescribe that the chairs of district (city) courts shall be appointed, as well as released of the office by the Council for the Judiciary and not by the Minister of Justice, as it has been until now. The same amendments apply to the appointment and dismissal of the chairs of regional courts.

The Saeima will no longer decide on the transfer of judges to a higher or lower court. This issue will continue to be within the authority of the Council for the Judiciary.

The Council for the Judiciary, instead of the Cabinet of Ministers, will determine the procedure for selection of judges, traineeship and qualification examination.

Furthermore, the Council for the Judiciary, instead of the Cabinet of Ministers, will determine the district (city) courts, their courthouses and land registry offices, their areas of activity and locations, as well as locations of regional courts, their courthouses and their areas of activity.

The Council for the Judiciary on the proposal of the Minister of Justice will decide both on the transfer of the vacant position of a judge within the area of activity of the court, and on the transfer of a judge to another place of performance of duties of a judge within the area of activity of the court.

The title of the Judge Emeritus will also be assigned by the Council for the Judiciary, and not by the Saeima. However, there is no longer any possibility that the Judge Emeritus may temporarily replace a judge of a district (city), regional court or the Supreme Court during a vacancy or temporary absence of a judge.

The Council for the Judiciary will also approve the content of training programs for judges, employees of courts and land registry offices.

Until now, the decisions of the Council for the Judiciary could not be appealed, but the amendments to the Law "On Judicial Power" stipulate that hereinafter the judge, which is subject to the decision of the Council for the Judiciary to establish, amend or terminate a legal relationship, will be able to appeal such a decision before the Disciplinary Court. 

Expansion of functions of the General Meeting of Judges of Departments of the Supreme Court
The selection of candidates for the office of a judge of the Supreme Court will continue to take place as open competition. However, in order to ensure that it is crucial for qualified judges to provide opinion on the candidate for the position of a judge or for temporary replacement of a judge, the amendments to the law envisage that hereinafter the opinion of the relevant department of the Supreme Court rather than that of the Judicial Qualification Committee shall be determinative.

The general meeting of judges of departments of the Supreme Court will give an opinion both on the candidates to office of a judge of the Supreme Court and on the judge, who is applying for the temporary replacement of the Supreme Court judge.

The criteria to be used to deliver an opinion by the general meeting of judges of departments of the Supreme Court will be approved by the Council for the Judiciary.

Supreme Court judges shall be nominated by the Chief Justice of the Supreme Court on the basis of a positive opinion of the relevant department. If a judge of a lower court is promoted to the position of a judge of the Supreme Court, the final decision on appointment shall be taken by the Council for the Judiciary, but regarding the judge who has not previously carried out judicial duties in the judicial system of Latvia the final decision shall be taken by the Saeima.

 

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