On the 2nd of November, Gaidis Berzins, the new Minister of Justice, visited the Supreme Court after his accession. Meeting Ivars Bickovics, the Chief Justice of the Supreme Court, and heads of structural units turned to be a constructive conversation about suggestions of improvements of court system and effectivisation of work of the Supreme Court.  

During the meeting G. Berzins stressed priorities of court system included in chapter of rule of law in declaration of new government, turning attention to issues related to decrease and equalization of courts’ load, systematization and availability of case-law, alternative methods of settling disputes, administrative penalty policy and criminal penalty policy. The Minister listened to opinion of representatives of the Supreme Court about these and other issues and suggestions for solution of problems.

I. Bickovics, the Chief Justice of the Supreme Court pointed out that increasing number of cases and great load is also a problem of the Supreme Court. Suggestions are already proposed to solve it, and the Supreme Court is ready to cooperate in order to improve legal regulation, thus making litigation proceedings faster.  

The Chief Justice stressed that while directing amendments to procedural laws and decreasing number of instances, the care was taken mainly of decrease of load of second instance courts, however it is important to decrease load of the highest court instance, giving an opportunity to it to review only the most important cases. The Chief Justice of the Supreme Court also pointed out that approximately 50-60 percents of claims submitted to the Senate do not meet cassation requirements and review is rejected, so it would be necessary to think of how to make cassation claims more grounded in legal sense, more qualitative in sense of content, for example, delegating opportunities to submit them to professional lawyers.

During conversation the Chief Justice of the Supreme Court and heads of departments of the Senate mentioned concrete suggestions for amendments in procedural laws.

Zigmants Gencs, the Chair of the Department of Civil Cases of the Senate suggested amendments to civil procedure that would allow reviewing cases in cassation procedure in written proceedings, as it has been provided already in Criminal Procedure Law and Administrative Procedure Law; to extend competency of the Senate in separate cases to review the case on the merits, not giving it for new review to the court of lower instance. The Supreme Court also offers to reject function imposed on the Chief Justice of the Supreme Court and the Chair of the Department of Civil Cases of the Senate to submit protests in supervisory proceedings for rulings being effective in civil cases, leaving this function only in competency of Prosecutor General.

Veronika Krumina, the Chair of the Department of Administrative Cases of the Senate invited to continue and to accelerate amendments to Administrative Procedure Law started by the previous Saeima (the Parliament). These amendments provide significant instruments that will help to decrease terms of review of cases, for example, determination of stamp duty, implementation of procedures of pilot rulings, total delivery of cases about administrative violations to courts of general jurisdiction, resignation of possibility to submit claims in administrative proceeding, if an institution didn’t give a response on the merits.   

In his turn, Peteris Dzalbe, the Chair of the Department of Criminal Cases of the Senate suggested implementation of mediation, streamline of procedure of review of cases resigning of layout of ruling motives in cases when they are not appealed, implementation of register of advocates and improvement of control over validity of issue of sick-lists in order to make litigation proceedings faster.

In conversation with the Minister of Justice, the management of the Supreme Court also pointed out other issues important for court system. I. Bickovics pointed out necessity of coordinated operation of working groups that perform amendments of criminal procedure and civil procedure, while implementing political setting to resign Chambers of the Supreme Court as of appellation instance.

Issues about financing of the Board of Justice and remuneration of Honoured Judges in cases when they execute duties of judge, development of Court Information System and possibly, too strict exactions for anonymity of court rulings before publishing them and other topical issues were also discussed.

G. Berzins thanked representatives of the Supreme Court for suggestions and ideas proposed in conversation and expressed determination and readiness to their further implementation and promotion. Both the Minister of Justice and representatives of the Supreme Court considered this conversation to be constructive.

Meeting took place in room that was office of the Minister of Justice previously, but there is reading room of the Supreme Court now. Gaidis Berzins admitted that it was interesting to see his one-time office different, but representatives of the Supreme Court expressed hope that experience of the Minister will promote constructive solution of problems existing in judicial system.

 

Information prepared by

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

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