On October 11, the general meeting of senators of the Department of Civil Cases of the Senate convened by the President of the Supreme Court, aimed at ensuring uniformity in the application of legal norms, decided to clarify that the decision by which, on the basis of Section 132, Paragraph one, Clause 2 of the Civil Procedure Law, it was refused to accept an application for temporary protection against violence prior to filing a claim is subject to appeal.

The explanation provides that when refusing an application for temporary protection against violence prior to filing a claim, on the basis of Section 132, Paragraph one, Clause 2 of the Civil Procedure Law, due to the fact that the potential claimant does not belong to the circle of persons specified in Section 25044 of the Civil Procedure Law, in relation to appeal against the decision the Paragraph three of the same Section should be applied, which provides for the possibility of appealing the decision based on Section 132, Paragraph one of the Civil Procedure Law, and there is no reason to assess whether such a decision hinders the progress of the case in the sense of Section 441, Paragraph one of the Civil Procedure Law.

Aigars Strupišs, the President of the Supreme Court, stated, “Up to now, the case-law in this matter was not uniform, and in many decisions on refusal to accept an application for temporary protection against violence it was indicated that these decisions could not be appealed. Such a decision is essentially recognized as equivalent to a refusal to accept a claim, which is a limitation of the right to access to court. Such a limitation in the case of violence is unacceptable, and now the courts will have to take into account the interpretation provided by the Senate, which will significantly improve the chances of victims of violence to protect their rights".

Section 491, Paragraphs one and two of the law “On Judicial Power” provide that the general meeting of senators of the Senate Department shall be convened by the President of the Supreme Court in order to discuss topical issues of interpretation of legal norms for the uniform application thereof.

 

Decision (in Latvian)

Information prepared by the Department of Civil Cases of the Senate