With participation of former and current senators, the book "Augstākās tiesas Plēnums 1990–2025" (The Plenary Session of the Supreme Court 1990-2025) was launched at the Supreme Court on October 22. The Plenary Session is a general meeting of Supreme Court judges that passes decisions of importance to the Supreme Court and the whole judicial system. The decisions of the Plenary Session reflect the history of the Supreme Court, the Latvian judicial system, and legal practice.

The book published by the Supreme Court is a unique publication, which not only provides the compilation of the Plenary Session for the very first time, but also shows their significance for the development of legal framework of the state – from the restoration of independence on May 4, 1990, to the present day.

The point of view of the Supreme Court has had an important role in the processes of restoring Latvia's independence and establishing the court system. A few fundamental decisions of the Plenary Session in 1990–1991 include the decision on the principle of judicial independence and the compatibility of judicial office with membership in political parties or socio-political organizations, the decision on the implementation of legislative initiatives on the rehabilitation of repressed Latvian residents of certain categories, the decision on the independence of the courts of the Republic of Latvia.

The explanations provided by the Plenary Session on the application of legal norms were also of significant importance to the formation of uniform case law during the period of change. The Plenary Session actively provided these explanations until the 2003 ruling of the Constitutional Court was passed, which found that the Plenary Session’s competence to issue binding explanations to the courts was unconstitutional. Over the next 20 years, the Plenary Session’s competence, as defined by law, to discuss issues of interpretation of legal norms was applied only once – in 2021 in connection with the digitalization of court work.

On less frequent occasions, the Plenary Session has also used its authority in matters not directly specified in the law yet vital to the judicial system. The President of the Supreme Court, Aigars Strupišs, mentioned two such decisions: the decision on the establishment of a working group and a report on the assessment of possible ethical violations by judges in 2007, and the decision on the relationship between the legislative and judicial powers and the independence of judges in 2022.

Therefore, the book launch event also included a discussion on the current role of the Plenary Session of the Supreme Court and on strengthening its authority in the development path of the Supreme Court and the judicial system. The President emphasized that the new generation of judges who have joined the Supreme Court have the opportunity and the duty to use the Plenary Session wisely and courageously, drawing attention to problems that threaten the judicial system or initiatives that drive its development.

Today, the institution representing the judicial system is the Judicial Council, which also represents the interests of the Supreme Court. "However, this should not diminish the role and authority of the Plenary Session of the Supreme Court, because the Supreme Court and its Plenary Session have a special significance in the judicial system, and this should remain so," emphasized Aigars Strupišs. The aim is to restore the role of the Plenary Session as a source of legal knowledge and a flagship of legal thought. "The Plenary Session will continue to exist!" confirmed the President of the Supreme Court.

About the content of the book

The book "Augstākās tiesas Plēnums 1990–2025" begins with a historical overview of the activities of the highest decision-making body of the highest court – the general meeting of judges – since the establishment of the Latvian court system in 1918. It is a retrospective of developments, starting with the activities of the General Assembly of the Latvian Senate, through the period of Soviet occupation and the National Awakening, up to the present day.

Within a period of 35 years – since the restoration of Latvia’s independence, the competence of the Plenary Session of the Supreme Court has changed significantly – it has both expanded and narrowed. This is reflected in the sections of the book, which provide a summary overview of the regulatory framework of the competence of the Plenary Session of the Supreme Court both in the law “On Judicial Power” and in the rules of procedure approved by the Plenary Session itself.

The most voluminous part of the book features the decisions of the Plenary Session of the Supreme Court. In 35 years, the Plenary Session has adopted 212 decisions. Although many of them are no longer valid or relevant, they are published because of their historical significance – they show the place of the Plenary Session's decisions in the system of legal sources, forming a unified judicial practice, as well as their impact on the functioning of the institutional system of courts.

The section comprising decisions is divided into subsections:

1) decisions on conceptual and organizational issues of the judicial system (its structure, independence, budget, judicial ethics, digitalization in relation to the right to a fair trial, the relationship between the legislature and the judiciary, assessment of the grounds for dismissal of the Prosecutor General, etc.). In addition, the decisions are accompanied by the context in which they were taken stating why such a decision was made, what reaction it provoked;

2) decisions on legal and procedural issues (decisions adopted through the legislative initiative rights delegated to the Plenary Session at the time, and decisions providing guidance on the application of legal norms);

3) decisions on matters relating to careers of judges, including nominations and elections to judicial self-government institutions and other positions (these reflect not only the historical development of the court system, but also various processes in the restored Republic of Latvia, such as changes in the organization of the Saeima (parliament) elections).

An important contribution to the understanding and analysis of decisions is made by comments from legal scholars: Senator Dr. iur. Jānis Pleps comments on the Supreme Court and its Plenary Session in the constitutional system, the significance of the Plenary Session's decisions in ensuring the principle of judicial independence, while Dr. iur. Elīna Grigore-Bāra, a legal research counsel at the Supreme Court, comments on the place of the Plenary Session's decisions in the system of legal sources.

A chronological list of the decisions of the Plenary Session of the Supreme Court is included at the end of the book.

About the availability of the book

The book "Augstākās tiesas Plēnums 1990–2025" has been published in a small print run. It will be available at the National Library of Latvia. The book will be given as a gift to the law faculties of higher education institutions.

The book is available electronically and free of charge on the Supreme Court website www.at.gov.lv in the section About the Supreme Court/ Information materials/ Books published by the Supreme Court (in Latvian)

 

Information prepared by

Rasma Zvejniece, Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211