8 January, 2016
Having updated compilation of court decisions in cases on state service, the Supreme Court concludes that subject of disputes of last two years significantly differs from issues, which were topical in case-law in 2007-2013.
In last two years, number of court cases on removal of officials from the office due to liquidation of a position or decrease of number of officials has decreased significantly. However, number of applications including a request to assess decisions regarding appointment of servants to an office in result of open competition has increased.
In several applications, officials ask to review correctness of amount of determined salary. In these cases, the dispute usually concerns the question whether the annual assessment of official’s activity was justified. Quite many applications were filed regarding abolishment of disciplinary punishment imposed to officials with special service ranks.
Observing large number of cases related to state service relations and importance of case-law conclusions included therein, the Supreme Court summarised case-law in this category of cases in 2007-2013. Now the author of study, the Doctor in Law Edvins Danovskis, in cooperation with the Department of Administrative Cases and the Division of Case-law of the Supreme Court has updated the compilation, using court rulings, which were adopted between April 2013 and May 2015.
The author of the study pointed out that analysis of case-law confirms stability of case-law laid out in previous compilation and consistent use thereof. Courts also successfully developed case-law on provisions, which were not applied before, and tried to reflect case-law established in similar cases in their rulings.
The compilation of court decisions in cases on state service in 2007-2015is available on the web site of the Supreme Court, section Judicature, in compilations of court decisions in administrative law, see here: //en/court-proceedings-in-the-supreme-court/compilations-of-court-decisions/administrative_law/