According to the European Commission (EC) 2024 report on the situation of rule of law in the European Union member states published last week, political influence has still not been eliminated in the procedure of appointing Supreme Court judges in Latvia.

The EC points out that no progress has been made with regard to previous report's recommendation on reducing political influence in the procedure of appointing Supreme Court judges. The vacancy in the Supreme Court was filled, however, nothing has been done to introduce appropriate safeguards applicable to future appointment procedures, taking into account European standards for judicial appointments.

The recommendation included in the previous report was based on a precedent, when the Saeima (parliament) rejected a candidate who had received a positive opinion from the Judicial Qualification Committee on suitability for the position of Supreme Court judge. Following the change of the ruling coalition in the Saeima, the same candidate was confirmed as a judge of the Supreme Court with a small majority of votes. The EC indicates that the government or the Saeima have not yet taken any measures, especially legislative measures, to introduce legal guarantees that would safeguard the objectivity of future appointment procedures, such as the obligation to provide reasons for the appointment decision and the possibility of judicial review of the decision. According to European standards, it is desirable that the appointing authority adheres in practice to recommendations and opinions provided by an independent and competent authority, which is largely composed of judiciary representatives.

Since the process for introducing appropriate protective measures in the procedure for appointing Supreme Court judges has not been started, the recommendation given in the 2024 Rule of Law Report with regard to Latvia remains the same as the previous one, namely to provide adequate protective measures that would prevent unauthorized political influence in the procedure for appointing Supreme Court judges, thus observing European standards on the appointment of judiciary representatives.

Having analyzed the judicial system of Latvia as a whole, the EC recognizes that it works effectively, there are initiatives related to the improvement of case management and the effective use of judicial resources. The EC values the high digitalization level of Latvian judicial institutions and information and communication technology systems. Amendments to the law On Judicial Power regarding eligibility and assessment of a person for becoming a judge or prosecutor have also been evaluated. The EC draws attention to the remuneration of court employees, emphasizing that although the remuneration of judges and court employees has been significantly increased, the relatively low remuneration of judge assistants causes a significant turnover of employees.

The EC report covers four pillars: national judicial systems, anti-corruption regulation, media freedom and pluralism, as well as other institutional issues related to checks and balances.