Questionnaire on the Independence and Efficiency of administrative Justice : Latvia

Indicate the ways in which judges are selected/appointed for/to administrative Justice as well as the terms and nature of the selection/appointment.

Describe the selection/appointment procedure that is applied in your country.
Judges of administrative district court are being appointed to office by the Saeima (parliament of Republic of Latvia), upon the recommendation of the Minister for Justice. Judge of the administrative regional court is being confirmed by the Saeima, upon a recommendation of the Minister for Justice. Justices of the Supreme Court, upon the recommendation of the Chief Justice of the Supreme Court are being confirmed in the office by the Saeima. (

1.2 What are the terms of this procedure?
The Minister for Justice determinates the procedures by which a candidate for judge shall apprentice and take the qualification examinations.
The Minister for Justice nominates candidates to be appointed or to confirmed in the office of a judge of the district administrative court or of a regional administrative court on the basis of the opinion of the Judicial Qualification Board. A candidate for confirmation to the Office of a Judge of the Supreme Court is being nominated by the Chief Justice of the Supreme Court, on the basis of an opinion of the Judicial Qualification Board.

1.3 Is there specific professional background such as previous work record in the administration or general legal training included?
As a judge of a district administrative court may be appointed a person who has acquired a higher legal education, has at least five years length of service in a legal speciality and has passed qualification examinations. As length of service in a legal speciality, time worked in positions of assistant to a Chief Judge, assistant to a judge and court consultant are included. The Cabinet of Ministers determinates the procedures by which a candidate for judge shall apprentice and take qualification examinations. The time for apprenticeship is being set, taking into account the level of proffesional qualification of the candidate for judge. 
To the office of a judge of the regional administrative court may apply a judge of a district (city) court or a judge of a Land Registry Office, who has at least the third qualification class or a person who has ten years total length of service in a position as an academic personnel in the legal specialities at an institution of higher education, a sworn advocate, a prosecutor, or until 30 June 1994 as a deputy prosecutor, an assistant prosecutor, or an investigator for the prosecution, and who has passed the judge’s third qualification class examination.
To the office of a judge of the Supreme Court may apply a judge of a district (city) court or a judge of a regional court, who has at least the second qualification class or a person who has fifteen years total length of service in a position as an academic personnel in the legal specialities at an institution of higher education, a sworn advocate or a prosecutor, and who has passed the judge’s second qualification class examination.

1.4 What are the possible contents examined during this procedure?
As a judge of an administrative district court may be appointed a person who is a Latvian citizen, is fluent in the official language at the highest level, has attained at least 30 years of age, has acquired a higher legal education, has at least five years length of service in a legal speciality and has passed qualification examinations.

1.5 Who meets the decisions in the course of the selection/appointment procedure and who selects and appoints the aforementioned decision – makers?
The Minister for Justice nominates candidates to be appointed or to confirmed in the office of a judge of the district administrative court or of the regional administrative court on the basis of the opinion of the Judicial Qualification Board. A candidate for confirmation to the Office of a Judge of the Supreme Court is being nominated by the Chief Justice of the Supreme Court, on the basis of an opinion of the Judicial Qualification Board. Judges of the district administrative court are being appointed to office by the Saeima, upon the recommendation of the Minister for Justice. Justices of the Supreme Court, upon the recommendation of the Chief Justice of the Supreme Court are being confirmed in the office by the Saeima.
The Chief Justice of the Supreme Court is being confirmed to the office by the Saeima.

1.6 Does the law provide for judicial remedies against decisions concerning appointment/selection?
The judges, appointed by the Saeima, are irremovable. It is possible to remove a judge from his office, in cases stated by the law, by the Saeima on the basis of the opinion of the Judicial Disciplinary Board or until an adjudication has been rendered in the criminal matter if the judge is a subject to criminal liability in accordance with the procedures set out by law.

1.7. Does there exist any difference in the way the selection/appointment of judges of the civil/penal courts takes place?
No, there is no difference in the way the selection/appointment of judges of the civil/penal courts takes place.

1.8 Is it possible for “external candidates” to be appointed as judges at different court levels and instances?
Yes, it is possible by fulfilling provisions prescribed by the law.

1.9. Are those legal provisions concerning the ways of selection/appointment of judges constitutionally entrenched?
No, the ways of selection/appointment of judges are prescribed in the special law “On Judicial Power”. There is constitutionally entrenched that judges are independent and subordinated to law.

 

2. Describe in brief the conditions of service and tenure (security of tenure, suspension and removal, transfers etc.) of the judges:

2.1. Is the term of judicial appointment for life?
Judges of the district administrative court are being appointed to office by the Saeima for three years. After the judge of administrative district court has held office for three years, the Saeima, upon the recommendation of the Minister for Justice, and on the basis of an opinion of the Judicial Qualifications Board, shall confirm him or her in office, for an unlimited term of office, or shall re-appoint him or her to office for a period of up two years. After the expiration of the repeated term of office, the Saeima, on the recommendation of the Minister for Justice, shall confirm in office a judge or administrative district court for an unlimited term of office.
Judge of the regional administrative court is being confirmed by the Saeima, upon a recommendation of the Minister for Justice, for an unlimited term of office.
Justices of the Supreme Court, upon the recommendation of the Chief Justice of the Supreme Court, are being confirmed in office by the Saeima, for an unlimited term of office.

2.2. Is it possible to extent the term of service of judges beyond retirement age? In this case, who has the power to take the decision?
The Minister for Justice and the Chief Justice of the Supreme Court, upon receiving a favorable opinion from Judicial Qualifications Board, may extend, with a joint decision, the time for holding office as a judge of the district administrative court or a judge of the regional administrative court.
The Chief Justice of the Supreme Court, upon receiving a favorable opinion from the Judicial Qualifications Board, may extent the time for holding office as a judge of the Supreme Court.

2.3. Is it possible to appoint temporary judges?
There is a system of substitution judges of different levels in case of a vacancy or the temporary absence of a judge.
In case of a vacancy or the temporary absence of a judge of district (city) court, the Minister for Justice may, for a period not exceeding two years, assign a judge of another district (city) court, a judge emeritus or a judge of administrative regional court, if such person has given written consent, to fulfill the duties of a judge of district (city) court.
In the case of a vacancy or the temporary absence of a judge of regional court, the Minister for Justice may, for a period not exceeding two years, assign a judge of another regional court or a judge emeritus, if such person has given written consent, to fulfill the duties of a judge of a regional court.
In the case of vacancy or the temporary absence of a judge of the Administrative department of Supreme Court, the Chief of Supreme Court upon receiving a favorable opinion from Judicial Qualification Board, after reconciliation with the Minister for Justice may, for a period not exceeding two years, assign a judge of administrative regional court, to fulfill the duties of a judge of Administrative department of Supreme Court.

2.4. Is it possible for the judge to be removed or transferred and under what specific terms?
A judge with his or her consent and the permission of the Chief Judge for specific time may be assigned to work in another court (also higher instance courts), the Ministry of Justice or an international organization. The order regarding the assigning of a judge for a specific time to work in another institution shall be issued by the Chief Justice of the Supreme Court after he or she has received the consent of the chairperson of the relevant Panel or relevant Department.
A judge can be removed from office pursuant to his or her own request, in connection with election or appointment to another office, due to his or her state of health if it does not allow him or her to continue to work as a judge or in connection with reaching the maximum age for fulfilling the office of a judge as specified by law.
A judge can be dismissed from office if the judge has been convicted, and the judgment of the court has come into legal effect or on the basis of a decision of the Judicial Disciplinary Board.
If a disciplinary matter has been initiated against a judge of a district (city) court or a regional court, the Minister for Justice may, upon the recommendation of the Judicial Disciplinary Board, suspend such judge from office until adjudication is made in the disciplinary matter. If a judge of a district (city) court or a regional court is subject to criminal liability in accordance with the procedures set by law, the Minister for Justice shall suspend such judge until adjudication has been rendered in the criminal matter.
If a disciplinary matter has been initiated against a judge of the Supreme Court, the Chief of Justice of the Supreme Court may, upon the recommendation of the Judicial Disciplinary Board, suspend such judge from office until a decision has been taken in the disciplinary matter. If a judge of the Supreme Court is subject to criminal liability in accordance with the procedures set out by law, the Chief Justice of the Supreme Court shall suspend such judge from office until a decision has been taken in the criminal court.

2.5. Where does the power of removing or transferring judges from one office to another lie?
A Judge of the district administrative court or a judge of the regional administrative court can be removed from office by the Saeima, upon the recommendation of the Minister for Justice. A judge of the Supreme Court can be removed from office by the Saeima, upon the recommendation of Chief Justice of the Supreme Court. 
The assigning of a judge for a specific time to work in another institution shall be issued by the Chief Justice of the Supreme Court.

2.6. Is it possible to transfer between the different divisions and types of courts?
Yes, it is possible.

2.7. Is it possible to transfer to government administration and back?
Yes, it is possible.

2.8. Does a transfer to the administration have a career-promoting effect?
Yes, it does.

2.9. Is incompetence a ground for removal or a judge from the bench?
If the work of a Judge is unsatisfactory, the Minister for Justice, in accordance with an opinion of the Judicial Qualification Board shall not nominate a judge as a candidate for repeated appointment to or confirmation in office.

3. Financial security (salaries, remunerations, pensions etc.)

Who decides about judges’ salaries?
According to the amendments (19 June 2003) of law “On Judicial Power”, that came into enforcement on July 1, 2003, specific chapter - Remuneration for Work Principles for a Judge - is included in the scope of law. Thus the final decision is carried by Saeima (parliament of the Republic of Latvia).

In what way and under what conditions are the salaries of judges increased? Are they accompanied by annual cost-of-living adjustments?
Under the provisions of section 119.1 - Base Salary of Judges – a district (city) court judge shall receive a monthly base salary, which is calculated, applying a coefficient of 4.5, from the average monthly gross remuneration for work for the workforce in the State in the previous year as published in the official statistical notification of the Central Statistical Bureau, and which is rounded to lats.
This section further contains specification for the regional court judge, Supreme Court judge and Supreme Court senator. For example, it states, that a regional court judge shall receive a monthly base salary that is 20 per cent higher than a district (city) court judge monthly base salary.

Is there a need for executive approval or executive decision to initiate the increase?
According to the above mentioned article, the official statistical notification of the Central Statistical Bureau is the decision that initiates the increase.

Is it possible for the judges to initiate judicial proceedings against the State with regard to their remuneration and which are the competent courts in this case?
Up to this time, there have not been any cases like that, but by law it could be possible that judge initiates judicial proceeding against the State.
However, first of all judge should have address to the Court Administration, which is direct administrative institution subordinate to the Ministry of Justice, which performs the organizational management of district (city) courts, regional courts and Land Registry Offices within the scope specified by law.
In case of negative answer, the judge should have appeal to the Ministry of Justice and only afterwards application to the Administrative court should been rendered. (Justification should have contained the reference to the violation of human rights as section 117. of law “On Judicial Power” provides that the State shall guarantee the independence of judges and the effective legal protection of persons in a competent and independent court by providing the corresponding funding in the State Budget Law for the current year.)

Is there a uniform salary scheme for all courts, divisions and types?
Yes, there is – it is included in section 119.1 of law “On Judicial Power”.

4. Career prospects (promotions etc.)

Describe briefly the ways in which the promotions of judges are made. What kind of procedures are to be applied in this context?
In compliance with the law “On Judicial Power” section 119., the remuneration for work of judges shall include a monthly base salary, supplements for qualification class and bonuses.
Supplements for the Qualification Class of Judges are settled in section 120. of law “On Judicial Power”, where supplements are specified for the qualification classes of judges. For example, qualification class 3 receives 21 per cent of base salary.
Bonuses can be rendered by the Court Administration.

Indicate the competent body for the promotions and the criteria applied thereto.
The Judicial Qualification Board gives the opinion for the candidate and the Minister for Justice nominates candidate to be appointed to or confirmed in the office of a judge of the district (city) court or of a judge of a regional court. The candidate for confirmation to the office of a Judge of the Supreme Court is nominated by the Chief Justice of the Supreme Court.
The main criteria are qualification class of the judge.

Are judges of the administrative courts promoted to the Supreme Administrative Court and under what conditions (seniority etc.)?
Yes, they are. There are no specific conditions required by the law. But in practice, if there is a vacancy, great role is played by the court Chief Judge, who gives recommendation.

Can judges accept any government assignment after retirement?
According to the section 63. of law “On Judicial Power”, the maximum age for holding office as a judge of a district (city) court shall be 65 years, as a judge of a regional court, 65 years, but as a judge of the Supreme Court, 70 years. But, the Minister for Justice and the Chief Justice of the Supreme Court, upon receiving a favorable opinion from the Judicial Qualification Board, may extend, with a joint decision, the time for holding office as a judge of a district (city) court or a judge of a regional court for up to five years.

Standards of conduct (professional and service Code, public activities, law-related activities etc.)

Can a judge be involved in law-related activities (arbitration, law practice, writing books)?
The Code of Conduct for Judges stipulates that:
a judge shall not act as an arbitrator or mediator, nor perform other judicial functions in a private capacity (Canon 4, paragraph 14);
a judge shall not practice law, but the judge may give legal advice, draft or review legal documents for a member of the judge’s family(Canon 4, paragraph 15);
a judge shall engage in extra-judicial activities in such a manner that there may not arise doubts that the judge is capable to perform his judicial duties impartially, that such activities do not detract from the dignity of the judge’s office and do not interfere with proper performance of the judge’s judicial duties (Canon 4, paragraph 1);
a judge shall have the right to contribute to the improvement of the law, the legal system, and the administration of justice, including revision of substantive and procedural law(Canon 4, paragraph 4);

Can a judge be involved in business activities?
It is determined in the Code of Conduct for Judges, that:
a judge shall not engage in financial or business deals which might be regarded as abuse of the judge’s position, neither shall the judge engage in such deals with lawyers who could be participants in a proceeding (Canon 4, paragraph 7); 
a judge may own property, the judge may operate with the property, including real estate, of his/her family members, or be engaged in profitable activities with this property(Canon 4, paragraph 8);
a judge shall not work as an official, director, manager, nor be a partner, employee or advisor in any enterprise, except such enterprises which are owned or co-owned by the judge or his/her family members, or which are connected with financial investments of the judge or the family members(Canon 4, paragraph 9);

Is the judge entitled to sideline employment?
Taking into account above mentioned, in general, judge is not entitled to sideline employment. But, there is an exception - a judge has the right to work as a lecturer in educational establishments, the state or public non-profit organizations (Canon 4, paragraph 5).

Is there a Code of conduct of judicial behavior?
Code of Conduct for Judges was adopted in the Conference of Judges of the Republic of Latvia on April 20, 1995.

Is there a Commission on Judicial Conduct or any other body to supervise the behavior of a judge?
According to the Judicial Disciplinary Liability Law, Judicial Disciplinary Board is the body that supervises the behavior of a judge.

Describe the restrictions - if there are any - on judges’ right to express their views?
In his/her free time, a judge may lecture, deliver speeches, write for mass media, as well as participate in any other extra-judicial events which do not contradict with the ethics code (Canon 4, paragraph 3).

6. Inspection of judges and disciplinary proceedings

6.1. Who is in charge of the inspection of judges and in what way is this inspection conducted?
Inspection of judges and disciplinary proceedings are regulated in the Judicial disciplinary liability law. According to the Judicial disciplinary liability law in charge of the inspection of judges is the Judicial Disciplinary Board, which means that matters concerning disciplinary and administrative violations by judges of district (city) courts, Land Registry Offices, regional courts and the Supreme Court shall be examined by the Judicial Disciplinary Board.

6.2. Are there specific criteria for the evaluation of the performance of judges?
According to the Section 1. “Basis for Subjecting a Judge to Disciplinary Liability” of Judicial disciplinary liability law, a judge may be subjected to disciplinary liability for:
1) intentional violation of law during the adjudication of a matter in court;
2) failure to perform his or her duties of employment or allowing gross negligence in the adjudication of a matter;
3) dishonourable actions or gross violation of the norms of the Judges Code of Ethics;
4) administrative violations;
5) refusal to discontinue his or her membership in parties or political organisations; and
6) failure to observe the restrictions and prohibitions provided for in the Law On Prevention of Conflict Of Interest in Activities of Public Officials.
The revocation or modification of an adjudication of a court shall not of itself be a reason for subjecting a judge, who has participated in its acceptance, to liability, if he or she have not allowed an intentional violation of law or negligence in the adjudication of the matter.

6.3. Who holds the legal power to initiate disciplinary proceedings against the judge?
In compliance with the Judicial disciplinary liability law Section 3., the following are entitled to initiate a disciplinary matter:
1) the Chief of the Supreme Court – concerning judges and senators (judges of the Senate) of the Supreme Court, in all the cases specified in Section 1. of Judicial disciplinary liability law, but concerning judges of district (city) courts and regional courts, as well as judges of Land Registry Offices of regional courts – in the cases of intentional violation of law during the adjudication of a matter in court and in the cases of failure to perform his or her duties of employment or allowing gross negligence in the adjudication of a matter;
2) the Minister for Justice – regarding judges of district (city) courts and regional courts, as well as judges of Land Registry Offices of regional courts – in all the cases specified in Section 1. of Judicial disciplinary liability law;
3) the Chief Judges of regional courts – regarding judges of district (city) courts and judges of the Land Registry Offices of regional courts – in cases of intentional violation of law during the adjudication of a matter in court, but regarding judges of regional courts – in all the cases specified in Section 1. of Judicial disciplinary liability law;
4) the Chief Judges of district (city) courts – regarding judges of district (city) courts – in all the cases specified in Section 1. of Judicial disciplinary liability law; and
5) the Heads of Land Registry Offices of regional courts – regarding judges of Land Registry Offices of regional courts - in all the cases specified in Section 1. of Judicial disciplinary liability law.

6.4. Who decides the disciplinary tribunal and its composition? Is it permanent or ad hoc?
The organization of the disciplinary tribunal and its composition is regulated by the Judicial disciplinary liability law, that says that the composition of the Judicial Disciplinary Board shall be the Chief Justice of the Supreme Court and his or her deputy, three judges of the Supreme Court, two Chief Judges of regional courts, two Chief judges of district (city) courts and two Heads of Land Registry Offices. The members of the Judicial Disciplinary Board (with the exception of the Chief of the Supreme Court) shall be elected by secret ballot for four years at a conference of judges. The chairperson of the Judicial Disciplinary Board shall be the Chief Justice of the Supreme Court. The Judicial Disciplinary Board from among their own members shall select the vice-chairperson of the Judicial Disciplinary Board. The Minister for Justice and the Prosecutor General, or persons authorised by them, as well as a person authorised by the board of the Latvian Society of Judges, may participate in the sittings of the Judicial Disciplinary Board in an advisory capacity. 

6.5. Is there a legal remedy against the decisions of the disciplinary body provided for by law?
There is no legal remedy against the decisions of the disciplinary body provided for by law.

6.6. Is there a special procedure for investigating and prosecuting a judge?
A person, who is entitled to initiate a disciplinary matter, if there are grounds to initiate such matter, shall organise an exhaustive preliminary examination of the materials received and request a written explanation from the judge.
The Chief Justice of the Supreme court, the Chief Judge of a regional court, the Head of the Land Registry Office of a regional court, or the Chief Judge of a district (city) court shall take a decision regarding the initiation of a disciplinary matter, but the Minister for Justice shall issue an order regarding such. The decision or the order shall indicate the circumstances of the disciplinary or administrative violation as determined in the preliminary examination, day of detection of the violation and the basis provided for by law for initiating the disciplinary matter. The decision or the order, together with the materials collected during the preliminary examination, shall be examined by the Judicial Disciplinary Board.
Before the materials of the disciplinary matter are sent to the Judicial Disciplinary Board, the judge against whom the disciplinary matter has been initiated shall be notified of the completion of the preliminary examination and of the time when he or she may become acquainted with the materials of the examination. A judge against whom a disciplinary matter has been initiated has the right to become acquainted with the materials of the disciplinary matter concerned, to provide explanations and submit petitions.

II./ Functional and Institutional Independence of administrative jurisdiction:

II.a./ General aspects

Separation of powers and judicial independence

1.1. Indicate who is responsible for the central administration of administrative jurisdiction
The Ministry of Justice in accordance with The Cabinet’s of Ministers regulation No.243, adopted on 29 April 2003, „By-law of the Ministry of Justice” point 1 is the leading State administrative institution in the sectors of justice (inter alia, in administrative court administration). Court Administration as a direct administrative institution subordinate to the Minister of Justice accordingly The Cabinet’s of Ministers regulation No.720, adopted on 16 December 2003, „By-law of Court Administration” point 2 organises and provides the organisational management of administrative jurisdiction.

Individual and collective independence of the judiciary
Individual independence: In accordance with Law on Judicial Power section 57 the Minister for Justice shall nominate candidates to be appointed to or confirmed in the office of a judge of the district (city) court or of a judge of a regional court on the basis of the opinion of the Judicial Qualification Board. Section 60 provides that (1) Judges of a district (city) court shall be appointed to office by the Saeima (parliament), upon the recommendation of the Minister for Justice, for three years. (2) After a judge of a district (city) court has held office for three years, the Saeima, upon the recommendation of the Minister for Justice, and on the basis of an opinion of the Judicial Qualifications Board, shall confirm him or her in office, for an unlimited term of office, or shall re-appoint him or her to office for a period of up to two years. After the expiration of the repeated term of office, the Saeima, on the recommendation of the Minister for Justice, shall confirm in office a judge of a district (city) court for an unlimited term of office. (3) If the work of a Judge is unsatisfactory, the Minister for Justice, in accordance with an opinion of the Judicial Qualification Board, shall not nominate a judge as a candidate for a repeated appointment to or confirmation in office. Accordingly Section 61 judge of a regional court shall be confirmed by the Saeima, upon a recommendation of the Minister for Justice, for an unlimited term of office. Section 62 prescribe that justices of the Supreme Court, upon the recommendation of the Chief Justice of the Supreme Court, shall be confirmed in office by the Saeima, for an unlimited term of office.
Collective independence: Law on Judicial Power section 1 part 2 provides that a judge is independent and subject only to the law. Chapter 2 in Law on Judicial Power prescribes principles of and guarantees for the independence of the judiciary such as independence of the judiciary and being subject only to law (section 10), prohibition on interference with the work of a court (section 11), liability concerning contempt of court (section 12), immunity of judges and lay judges (section 13).

Is it possible for sanctions (of any kind) to be imposed on a judge based upon the content of his/her decision?
A judge is subject only to the law (Law on Judicial Power section 1 part 2) and in his/her decisions is guided only by law. That’s why there is no possibility to impose sanctions on a judge upon the content of his/her decision. Law on Judicial Power section 13 part 6 a person, who considers that a judgment of a court is unlawful or unfounded, may appeal it in accordance with the procedures provided by law, but may not make a claim in court against the judge who has adjudicated the matter. The only exception is ruled in Judicial Disciplinary Liability Law, which section 1 part 1 provides that a judge may be subjected to disciplinary liability for intentional violation of law during the adjudication of a matter in court or allowing gross negligence in the adjudication of a matter.

Can a judge face disciplinary charges solely on the basis of the substance of his/her ruling? Is this the case when a judge declines to follow a supreme court’s decision?
If there is no intentional violation of law during the adjudication of a matter in court or allowing gross negligence in the adjudication of a matter (Judicial Disciplinary Liability Law section 1 part 1), a judge can’t face disciplinary charges solely on the basis of the substance of his/her ruling.
In accordance with Administrative Procedure Law section 350 part 1 the interpretation (construing) of the norms of law stated in a judgment of a court of cassation instance shall be mandatory for the court which adjudicates the matter de novo. None of the law expressis verbis does not prescribe a judge’s liability when, but it can be construed as „intentional violation of law” during the adjudication of a matter in court, and a judge can be disciplinary charged.

Do you think that accountability of judges threatens judicial independence?
Accountability of judges doesn’t threaten judicial independence. A judge can be accountable only in a few cases, and these cases are exception. A criminal matter against a judge may be initiated only by the Prosecutor General of the Republic of Latvia. A judge may not be detained or be subjected to criminal liability without the consent of the Saeima (parliament). A Supreme Court justice specially authorised for that purpose shall take a decision concerning the detention, forcible conveyance, arrest, or subjection to a search of a judge (Law on Judicial Power section 13 part 2). An administrative sanction may not be applied to a judge and he or she shall not be arrested pursuant to administrative procedures. A judge is subject to disciplinary liability for the committing of administrative violations in accordance with the provisions of Chapter 14 of this Law (Law on Judicial Power section 13 part 4). This means that no one (among them prosecutor’s office and police) can not threaten judicial independence. 

Can a judge be held liable in civil actions for his/her judicial acts (e.g. be sued for damages for actions taken in his/her judicial capacity)?
No, a judge can not be held liable in civil actions for his/her judicial acts. It is clearly prescribed in Law on Judicial Power section 13 part 6: a person, who considers that a judgment of a court is unlawful or unfounded, may appeal it in accordance with the procedures provided by law, but may not make a claim in court against the judge who has adjudicated the matter.

Are judges immune from prosecution in other courts for their judicial acts?
Yes, judges are immune from prosecution in other courts for their judicial acts. It’s clearly said in Law on Judicial Conduct section 13 part 5 and 6: a judge is not financially liable for the damages incurred by a person who participates in a matter, as a result of an unlawful or unfounded judgment of a court. In the cases provided for by law, damages shall be paid by the State. A person, who considers that a judgment of a court is unlawful or unfounded, may appeal it in accordance with the procedures provided by law, but may not make a claim in court against the judge who has adjudicated the matter.

Can criminal charges be brought against a judge for actions on his/her duties?
No, no criminal charges can’t be brought against a judge for actions on his/her duties. The Criminal Law does not prescribe any criminal offences connected with function of judge’s duties.

1.9. Do judges face sanctions for “decisional conducts”?
There are no sanctions for judges „decisional conducts”.

2. Judicial administration at the Court level (division of work among judges and assignment of cases etc.)
2.1. Is the division of work among judges and assignment of cases in each judge or panel done according to a predetermined or is it flexible and may be changed easily?
Assignment of cases in Administrative district court occurs strictly according to a rigid plan approved by chairman. The approved rigid plan can be changed by the order of chairman of Administrative district court in certain cases.

2.2. Who is in charge of case assignment?
Chairman of Administrative district court is in charge of case assignment.

3. Self-administration of justice
3.1. Is judicial administration effected though independent judicial self-governance?
Judicial administration is in subordination of the attorney general. 

3.2. Describe briefly how the governing body/committee is elected?
Judicial administration governing body appoint on, the base of in the law of civil service, incorporated rules.

3.3. Is there any restriction for the members of the above body to participate in other syndicalistic bodies?
Judicial administration governing body has the right to participate in other syndicalistic bodies, if this doesn’t in conflict with the law on the conflicts of interest and the governing body has permission from the attorney general.

4. Human, financial and material resources necessary for the performance or judicial functions
4.1. Who is responsible for the administrative staff employed in the courts?
Chairman of the court is responsible for the administrative staff employed in the courts. 

4.2. Who is competent to make available the necessary funds for the performance of justice?
The Ministry of Justice and Court Administration

4.3. Who has the power to execute and spend the budgetary allocations?
By the included in the law of judiciary positions the judicial administration provides purposeful and effective application of means of the budget, prepares the project of inquiry of the budget for maintenance of work of courts and land books.

II.b./ The relation between administrative jurisdiction and other powers:

Relations with the executive (the influence of the Administration on the judge etc.)

Have there been cases of executive pressure on judges in any form?
There are no knowing cases of executive pressure on judges in Latvia.

Can judges be members of the Government?
Judges can’t be the members of the Government. Under the provisions of Section 82 of the law “On Judicial Power” a judge shall be removed from office in connection with elections or appointment to another office. The said relate also on the case, when judge is elected as a member of the Government.

Is it allowed for judges to participate in administrative bodies having decisive or consultative competences? 
Above mentioned relates also to judges participation on administrative bodies. In law “On Judicial Power” are mentioned some exceptions. Under the provisions of Section 86.1 a judge with his or her consent and the permission of the Chief Judge for specific time may be assigned to work […] in the Ministry of Justice, the Administration of Courts or an international organisation. In acordinance with Ethics Code for Latvian Judges a judge can work as a lecturer in educational establishments, the state or public non – profit organizations.

Do the administrative courts have the power to challenge administrative acts of general character (presidential decrees etc.)?
It depends on what in the current legal system is a administrative act of general character. Under the provision of the Section 1 of the Administrative Procedure Law an administrative act is a legal instrument directed externally, which is issued by an institution in an area of public law with regard to an individually indicated person or individually indicated persons establishing, altering, determining or terminating specific legal relations or determining an actual situation. Political decisions (political announcements, declarations, invitations, election of officials, and similar) by the Saeima, the President, the Cabinet or local government city councils (district and parish councils) are not administrative acts. 

Relations with the legislature (retroactive legislative reversals of cases etc.)

Can the legislature override a decision of a court if they disagree with the way the latter has applied or interpreted a law?
That kind of situation is impossible. Under the provisions of Section 16 of the law “On Judicial Power” judgment that come into legal effect shall be executed and shall have the force of laws, is mandatory for all, and shall treated with the same respect as is due law.

Have there been retroactive legislative reversals of court decisions?
There have been no retroactive legislative reversals of court decisions.

Has there been legislation abolishing courts with results of statutory removal of judges and if so, how was it received?
There has been no legislation abolishing courts with results of statutory removal of judges.

Pending cases?
There are no pending cases.

Can judges be members of the legislature?
Judges can’t be the members of the legislature. Under the provisions of Section 82 of the law “On Judicial Power” a judge shall be removed from office in connection with elections or appointment to another office. The said relate also on the case, when judge is elected as a member of the legislative. In accordance with Ethics Code for Latvian Judges a judge may remain in the office during the pre – election campaign being a candidate in the Saeima (the Parliament) on municipality elections.

Do the administrative courts have the power to challenge laws?
Administrative courts have indirect rights to challenge laws. Under the provision of the Section 104 of the Administrative Procedure Law in examining the legality of an administrative act or actual action and in ascertaining public legal duties or rights of private persons, in case of doubt the court shall verify whether the norm of law applied by the institution or to be applied in the administrative court proceeding conforms to the norms of law of higher legal force. If a court acknowledges that a norm of law does not conform to the Constitution (Satversme) or norms (acts) of international law, it shall suspend court proceedings in the matter and send a substantiated application to the Constitutional Court. If a court acknowledges that the binding regulations of a local government do not conform to Cabinet regulations or the law or Cabinet regulations do not conform to the law, or an internal regulatory enactment does not conform to an external regulatory enactment or directly applicable general legal principles, it shall not apply the relevant legal norm. The court shall substantiate its view regarding non-conformity with the norms of law of higher legal force in the decision or judgment. If the institution which had hand out the normative act isn’t the participant in administrative proceeding the court it’s decision send to that institution and to the Ministry of Justice.

3. Interest representation of administrative judges

Are judges organised in associations for furthering their rights and interests? 
According to the part 2 of the section 86 of the Law on Judicial power judges may freely join together in organizations, which protect their independence, promote their professional development, and defend their rights and interests. In Latvia Judges are organised in Latvian Association of Judges (LJA). According to the 1 article of Latvian Association of Judges Statute LJA is an independent, non-profit, voluntary professional Association, that unites judges of Republic of Latvia and stands for the protection of judges mental, socially-material interests, the prestige of Courts and Judicial power enhancement in State. One of the main goals of LJA is to unite judges of Latvia to contribute to protection of judges mental, socially-material interests, to the prestige of Courts and Judicial power enhancement in State. 

Are there separate professional representations for administrative judges, or a joint association of judges? 
In Latvia there are no separate professional representations of administrative judges. We have a judge association who is professional representations for all judges.

What are the specific activities of the aforesaid association? Describe them in brief. 
Forms of activity of LJA are discussing and expressing one’s opinion on the draft projects of regulatory enactments, collaboration with foreign and international Judge Associations, organizing governmental and international symposiums, conferences, gatherings and meetings, organizing members of Association gatherings for the sake of exchange of views, disputes, readings, excursions and holiday activities, periodicals and other legal literature publishing.

Do judges have the right to strike or to hold a demonstration? 
According to the part 5 of the section 86 of the Law on Judicial power a judge is not allowed to go on strike.

II.c./ The relation between administrative jurisdiction and the society:

The administrative judge and the media scrutiny (the press, the judiciary and the courts, criticism of judicial decisions etc.)

Is criticism of judges, judicial decisions and judicial conduct in the press existent, frequent, rare? What are the relevant grounds for this? Could you give major examples? 
In Latvia the criticism of judicial decisions in the press is existent. Matters and circumstances involved in the certain cases usually attract attention of the society. Especially it is typical for administrative cases dealing with realisation of the freedom of speech, freedom of meetings, street processions, and pickets and other fundamental rights guaranteed by Satversme and international pacts on human rights. One of the brightest examples is Latvian legion remembrance date 16th march, when different political organizations try to get permits to hold their street processions. Aforesaid political organizations represent opposite opinions of various parts of Latvian society. That’s why public authorities making their decisions and administrative court realizing judicial control of these decisions have to find proper balance between public safety and realization of freedom of expression. One of the recent examples is judicial review of the Riga dome decision that prohibited sexual minorities’ street processions - “Rīgas Praids 2006". Administrative appellate court has annulled this decision because this defendant could not prove proportionality of human rights restriction. Another type of cases that attracts attention of media and society are cases where applicants are representatives of business elite. Usually these are the cases where administrative court realizes judicial control of the decisions of Competition Council. Immigration cases usually have big resonance in the society and therefore these cases are broadly discussed and described in the media.

Are trials open to T.V.? 
According to the part 1 of the section 108 of the Administrative procedure law there shall be open adjudication of administrative matters in court. According to the part 5 of the section 108 of the Administrative Procedure law mass media employees may record the course of a court sitting (use sound or image recording and transmission media) with the permission of the court. A court may stipulate a prohibition regarding the publishing of such recording until specific procedural actions are performed or the judgment is pronounced. Thus according to general principle trials in administrative courts are open to T.V., but court may stipulate a prohibition regarding the publishing of such recording until specific procedural actions are performed or the judgment is pronounced.

Do you think that press reporting and commenting on judges, courts, judicial decisions and matters pending before the courts pose a challenge to judicial independence? 
Reporting and commenting on judges, courts, judicial decisions and matters pending before the courts doesn’t pose a challenge to judicial independence. Aforesaid activities furthers enhancement of democratic society in Latvia and prove that Latvia is democratic state that respects fundamental human rights and freedoms. There are certain restrictions regulated in statutes that prevent media from pressing or influencing courts and breaking judicial independence.

The administrative judge and the public opinion

Do you think that a judge’s engagement in politics or speaking his/her mind in favour of a political party compromises the public confidence in the judiciary? 
Judge’s engagement in politics or speaking his/her mind in favour of a political party might compromise the public confidence in the judiciary. Judge must be objective, independent and impartial. Judge’s engagement in politics or speaking his/her mind in favour of a political party is certain activity that makes think that judge puts his political beliefs over his professional engagement. This might cause doubts about judge’s objectivity and compliance to the rule of law.

Are there institutions that favour strong public opinion in defence of the independence of the judiciary?
In Latvia there are no institutions that favour strong public opinion in defence of the independence of the judiciary.

Judges and politics

Is it allowed for judges to become member of political parties? 
According to the part 3 of the section 86 of the Law on Judicial power the office of a judge may not be combined with membership in a party or other political organization. According to the canon 5 of the Ethics code for Latvian judges judge shall not be a member of any political parties.

Are there any major restrictions for judges with regard to their political activities? What are the consequences in case of breach? 
As it was already mentioned According to the part 3 of the section 86 of the Law on Judicial power the office of a judge may not be combined with membership in a party or other political organization. According to the canon 5 of the Ethics code for Latvian judges a judge shall not be a member of any political organizations or parties, give speeches for a political organization, solicit funds or make contributions to support a political organization or its candidate, a judge shall adjourn performance of the judicial duties for a period if the judge is elected in the state, administration or municipal institutions. According to the part 1 of section 1 of Judicial Disciplinary Liability Law a judge may be subjected to disciplinary liability for refusal to discontinue his or her membership in parties or political organizations, also for dishonorable actions or gross violation of the norms of the Judges Code of Ethics. Disciplinary sanctions for the breach of the norms of the Judges Code of Ethics are defined in section 7 of Judicial Disciplinary Liability Law.

Are there any other restrictions for judges as far as their public activity is concerned? 
According to the canon 4 of the Ethics code for Latvian judges a judge shall not engage in financial or business deals which might be regarded as abuse of the judge’s position, neither shall the judge engage in such deals with lawyers who could be participants in a proceeding. Judge shall not manifest partiality or prejudice towards any group of people, nation, sex, religion, etc. A judge shall not act as a personal representative, trustee, fiduciary or other person of trust, except the cases of settlement of legacy or deposit for a member of his/her family, on the condition that such activities shall not prevent the judge from fair performance of his/her office duties.

Have there been cases where political leaders attacked the judges and criticised their decisions? 
There have been cases of criticising and attacking the justices of the Constitutional Court of the Republic of Latvia. Mostly these were politicised cases, for example Latvian joint-stock company "Valsts nekustamie īpašumi" case or so called Mottes case (former director of Latvian joint-stock company "Valsts nekustamie īpašumi"). In this case the Constitutional Court of the Republic of Latvia had to decide whether granting apartments to the major public authorities was legal. The legal basis for granting apartments was Latvian joint-stock company "Valsts nekustamie īpašumi" Statute.

III./ Efficiency in the internal organization of an administrative jurisdiction.

The judge and his work

.Describe briefly the kind of the initial training and the qualifications of an administrative judge prescribed by law and his further education and/or formation, inter alia in European law, emphasizing more particularly the aspects which might help the judge to improve the efficiency of administrative justice.

In selecting a candidate for the office of a judge, the principle shall be observed that only Latvian citizens, who are highly qualified and fair lawyers, may work as judges.
In the selection of judges, no discrimination based on origin, social and financial status, race or nationality, sex, attitude towards religion, type and nature of occupation, or political or other views is permitted. The requirement that a judge must be a Latvian citizen shall not be considered as discriminatory.

Candidate for a Judge of a District (City) Court
(1) As a judge of a district (city) court may be appointed a person who:
1) is a Latvian citizen;
2) is fluent in the official language at the highest level;
3) has attained at least 30 years of age;
4) has acquired a higher legal education;
5) has at least five years length of service in a legal specialty; and
6) has passed qualification examinations.
(2) As length of service in a legal specialty, time worked in positions of assistant to a Chief Judge, assistant to a judge and court consultant shall also be included.
(3) The Minister for Justice shall determine the procedures by which a candidate for judge shall apprentice and take qualification examinations.
(4) The time for apprenticeship is proposed by the Judicial Qualification Board, taking into account the level of professional qualification of the candidate for judge.

Candidate for a Judge of a Regional Court
(1) As a judge of the regional court may be confirmed a judge of a district (city) court or a judge of a Land Registry Office, who has attained at least the third qualification category.
(2) To the office of a judge of the regional court may apply a person who has 10 years total length of service in a position as an academic personnel in the legal specialties at an institution of higher education, a sworn advocate, a prosecutor, or until 30 June 1994 as a deputy prosecutor, an assistant prosecutor, or an investigator for the prosecution, and who has passed the judge’s third qualification category examination.

Candidate for a Judge of the Supreme Court
As a judge of the Supreme Court may be confirmed a judge of a district (city) court or a judge of a regional court who has attained at least the second qualification category.
(2) To the office of a judge of the Supreme Court may apply a person who has 15 years total length of service in a position as an academic personnel in the legal specialties at an institution of higher education, a sworn advocate or a prosecutor, and who has passed the judge’s second qualification category examination.

Do you think that a higher salary paid to the judge and, more specifically, other (material) advantages which may be granted to him in consideration of the output might help to improve the efficiency of administrative justice?

If the salary paid to the judge would be higher and/or other (material) advantages would be granted to him, it would encourage highly skilled persons and experienced lawyers to become judges. A lot of them at the moment have chosen other legal profession where the salary paid is remarkably higher. If the number of persons who qualify for seat on the bench would increase, it would be possible to select those lawyers with highest qualification whose personal qualities conform with seat on the bench the most.

Please indicate the number of administrative judges in your country and compare it to the population being under their jurisdiction (an average number can be indicated per country).

In District administrative court presently work 22 judges (in total there are 30 seats envisaged), in Administrative regional court presently work 16 judges (in total there are 19 seats envisaged).
Senate of the Supreme Court of the Republic of Latvia as a court of cassation instance for all matters, which have been adjudicated by district (city) courts and regional courts is composed of three Departments, one of which is the Administrative Department where presently work seven judges.
In comparison – the population of Latvia at the moment is approximately 2 290 765 people.

Please indicate the number of legal or other assistants (including clerks, secretaries …) working for the administrative jurisdictions, indicating more particularly the average number per judge working at an administrative court.

Each judge in administrative courts has his own team consisting of assistant to a judge and court recorder. Besides in each of three administrative court instances there work also other court officials. 
1) Court consultant who shall generalize and analyze court practice and statistics, as well as carry out other methodological work in administrative court, 2) a clerk of a court who shall manage and organize the work of the office of the clerk of court. 3) Court interpreter shall take part sittings of a court, as well as translate court documents, in cases set out by law. 4) Court administrator shall ensure the provision of the material necessities of the court, the arrangement of suitable premises and order in the court.

Describe briefly the working conditions of an administrative judge in your country, emphasizing more particularly the technical means which are at his/her disposal, as well as legal or other assistants helping him/her in his/her duties, his/her access to libraries and data bases, access to internet and so on…

Judges have access to:
Population Register, where it is possible to enquire the declared domicile and relatives of a person;
Land Register, where it is possible to obtain information about immovable properties, their owners and encumbrances;
Enterprise Register, where it is possible to obtain detailed information about enterprises, their participants/shareholders and persons who are entitled to sign documents in the name of that enterprise;
Data base where a part of different courts’ adjudications is published;
Vehicle Register, where it is possible to obtain information about registered vehicles and their owners.

Assistants to a judge have access to:
Population Register, where it is possible to enquire the declared domicile and relatives of a person;
Enterprise Register, where it is possible to obtain detailed information about enterprises, their participants/shareholders and persons who are entitled to sign documents in the name of that enterprise.

Besides every judge has a computer with access to internet. Equally every judge has an assistant and court recorder.

1.6.Describe briefly the internal working regulations of an administrative court and more particularly the way in which the work is distributed among the judges, the person in charge of the distribution of the work to be done by the respective judge and of the control of his/her work, indicating inter alia the criteria according to which the way of distribution is decided as well as the criteria according to which the work of the administrative judge is controlled, as well as the possible sanctions which may be taken against the judge who does not fulfil the legal or internal requirements concerning the quality of his/her work. Describe in this context internal control procedures (if there are any).

At the beginning of every calendar year a plan of division of matters is affirmed. In the plan of division of matters the order in which incoming applications are distributed to judges is prescribed. Matters are distributed, considering the principle of randomness (every judge has a serial number and incoming applications are distributed in the order of their reception). Shortly it is planned to establish computerized system of division of matters, where the division of matters will be provided by computer, considering the principle of randomness.
The work of a judge is evaluated and controlled in two ways:
After every three years of work judge is entitled to apply for a qualification category. The lowest is 5th qualification category, the highest – 1st qualification category. Judicial Qualification Board (it is composed of judges from different court instances) evaluates the work of respective judge before granting him/her a qualification category.
When a complaint is lodged against a judge, a disciplinary matter can be initiated (it can be done by Chief Justice of the Supreme Court, Minister for Justice or Chief Justices of Regional Courts and District (City) Courts). Disciplinary matters are reviewed by Judicial Disciplinary Board (it is composed of judges from different court instances). Judicial Disciplinary Board is entitled to take decisions as follows:
impose disciplinary punishment;
deliver materials of the disciplinary matter to Prosecutor general office in order to decide about initiating criminal case;
initiate to suspend a judge from office;
deliver materials of the disciplinary matter to Judicial Qualification Board in order to decide about downgrading the qualification category of a judge;
dismiss a case.
Disciplinary punishments that can be imposed by Judicial Disciplinary Board are as follows:
reproof;
reprimand;
cut of salary up to one year, deducting up to 20 % of the salary.
If a disciplinary matter has been initiated against a judge, Minister for Justice may, upon the recommendation of the Judicial Disciplinary Board, suspend such judge from office until adjudication is made in the disciplinary matter.

Describe briefly the access to administrative justice, indicating more particularly whether the complaint or file has to be introduced by a lawyer or any other professional and the conditions under which the plaintiffs may have access to legal assistance. Can you also indicate whether the procedures are accomplished only on a written basis or whether also oral hearings take place, indicating in which cases such oral hearings are organized and the persons who, at these occasions, are allowed to make oral submissions to the court.

Question mentioned above is subdivided in three different issues envisaged in Administrative procedure law (hereinafter called – APL).

2.1.1. The preconditions of access to administrative justice

1) Substantive preconditions are (Section 191(1) of APL):
a) Legal standing (locus standi) of private person, i.e., rights or legal interests should have been infringed or may be infringed by administrative act, actual action or public contract (Section 31 (2) of APL). Actio popularis is not envisaged, but with exclusions in special norm (for example, Art. 13 of law On protection of environment) ;
b) subject matter must be in regard of administrative act, actual actions, public legal contract;
2) Procedural preconditions are:
a) application should be submitted in certain period of time (one month or one year, but not longer than three years period since administrative act come into effect or applicant become informed or should known about actual action);
b) other preconditions in connection with legal representation, compliance with preliminary extrajudicial examination or capacity to act.
3) formal preconditions deal with certain prerequisites of form and content of applications.

2.1.2. Legal representation and assistance 

Legal representation and assistance is prerogative of applicant, i.e., in APL there is no limitation that brings an obligation for procedural actions only through legal representation or assistance.

According to section 18(4) of APL in administrative matters, which are complicated for the addressee, pursuant to a decision of an institution or court, and taking into account the financial circumstances of the natural person, remuneration to a representative of the natural person shall be paid from the State budget.

2.1.3. Types of procedures (oral and written)

1) In general procedure in court adjudications pursuant to which matters are adjudged on the merits is in oral, but written procedure is allowed if two preconditions are satisfied: a) the documents in the matter are sufficient and a) applicant and third person in the administrative proceeding have consented thereto in writing.

2) In general an ancillary complaint shall be adjudicated in written procedure, unless court brings decision to adjudicate in oral procedure. 
3) In general written procedure (unless court brings decision to adjudicate in oral procedure) is applied in questions relating to:
renewal and extension of procedural time periods;
the decision of authority regarding extension of the time period, 
suspension of administrative act, 
provisional regulation (but varying the means of provisional regulation - in oral);
supplementary judgment, 
decision regarding termination of judicial proceedings (in case if the applicant withdraws his or her application) ;
an application in connection with newly-discovered facts;
appeal against warning regarding compulsory execution;
appeal against unlawful compulsory execution;
appeal against pecuniary penalty imposed on an addressee;
appeal against an institution that is acting contrary to a court judgment.

4) In oral proceedings oral submissions may be lodged by administrative participants (as well as by their representatives):
applicant,
third party,
defendant,
legal entity having the right to defend the rights and legal interests of private persons (Section 29 (2),145 (1) ;(2), 146 of APL).

Describe briefly the different types of procedures which can be introduced at an administrative court, insisting inter alia on the differences existing between those procedures.

2.2.1. Written procedure, Section 114 (3) of APL (also see. 2.1.3.)

If a participant in an administrative proceeding has consented to the adjudicating of the matter by way of written procedure, it shall be considered that they have also consented to written procedure in ensuing court instances. Consent to written procedure does not prevent a participant in an administrative proceeding from requesting that the matter be adjudicated by way of oral procedure in the next court instance.

2.2.2. Oral procedure, Section 113. of APL

(1) In oral procedure, the trial of an administrative matter shall take place at a court sitting. 
(2) Persons called and summonsed to court shall give their testimony and explanations orally.
(3) The recorded testimony of previously questioned witnesses, documentary evidence and other documents shall be read out at the court sitting, except for cases where the attending participants in the administrative proceeding agree that the reading out of such evidence is not necessary.

Describe briefly the different steps of the procedures to be followed at an administrative court of your country, starting with the date the file is introduced until the date the judgment is pronounced, insisting more particularly on the deadlines which may have to be respected by the parties in order to introduce written notices, briefs, pleadings, statements as well as on the deadlines to be respected by the judge to pronounce the judgment.

2.3.1. Steps of the procedures (in ascending order)
1) judge shall decide in regard to application (acceptance, refusal, leaving) ;
2) judge shall prepare administrative matters for trial, performing below mentioned actions:
a) forward application to the defendant inviting to provide the court with an explanation in writing;
(i) send copies of explanations to the applicant and third parties;
(ii) take a decision in which the date and time of the court sitting shall be set and the persons to be summoned or summonsed to the court determined (not applicable in written procedure);
b) decide issues regarding invitation of third parties to participate in the matter;
c) decide issues regarding securing of evidence;
d) decide issues regarding sending of assignments by the court to other courts; 
e) decide issues regarding the inviting of an authority that will order opinion ;
f) decide issues regarding summonsing of witnesses to the court sitting;
g) decide issues regarding the ordering of expert-examination in the matter;
h) request documentary and demonstrative evidence;
i) decide issues as to whether the matter is to be adjudicated by way of written procedure; 
j) determine the defendant or decide issues regarding substitution of the defendant if a defendant is not indicated in the application or is indicated incorrectly; 
k) carry out other necessary procedural actions.
3) judge shall lead court sittings, performing below mentioned actions:

Before commencement of the adjudication of a matter judge shall :
(i) announce what matter is to be adjudicated ;
(ii) verify attendance of summoned and summonsed persons ;
(iii) explain rights and obligations of participants, experts, witnesses, 
(iv) decide petitions (as well as regarding refusal and removals of judge) presented by participants in administrative proceedings ;
At the beginning of the adjudication of a matter judge shall report on the facts of the matter, thereafter judge shall:
(i) hear out explanations of the participants in administrative proceedings;
(ii) give opportunity to participants to putt of questions each other;
(iii) examine witnesses;
(iv) examine experts;
(v) examine documentary evidence and give opportunity to participants to contest that evidence;
(vi) hear the opinion of authorities.
Afterwards that judge shall terminate the adjudication of a matter, performing below mentioned actions :
give opportunity to participants court arguments ;
give opportunity to participants reply on other parties court arguments ;
When entire above mentioned actions are performed, judge shall render judgment.

2.3.2. Deadlines
1) defendant should provide explanations during one month from the day the copy of the application was sent (Sec.203 (1) of APL), in case of incompliance of that obligation court my impose pecuniary penalty ;
2) other participants should introduce written notices, briefs, pleadings, statements:
a) before court renders decision of termination of the adjudicating of a matter on the merits;
b) considering procedural terms determined by court. 
2) in oral procedure court must render judgment not later than 21 days after the day of last court sittings where court pronounced date of judgment (Sec. of APL 243.), but
3) in written procedure judge must respect the date, that was notified to the participants of administrative procedure as pronouncement day (Sec. APL 259 (1).)

Describe briefly the internal organization of an administrative court, and indicate whether the judges are working in chambers or if they are acting as individual judges, as well as the criteria according to which a case is dealt with either by a chamber or by an individual judge.

Section 109 of APL (Adjudication of Administrative Matters Sitting Alone and Collegially)

(1) At a court of first instance, an administrative matter shall be adjudicated by a judge sitting alone. If the matter is particularly complicated, the chief judge of the court of first instance may stipulate that the matter be adjudicated collegially. In such case, the matter shall be adjudicated by a panel of three judges of the court of first instance.
(2) Administrative matters in courts of appellate or cassation instance shall be adjudicated collegially.

Which kind of procedures do apply in case an urgent matter of any kind is introduced with an administrative court?
Indicate also what kind of decisions may be taken by the judge dealing with this kind of urgent matters.

1) Section 103. (2) of APL envisages: “Within the course of administrative proceedings, while performing its duties, a court shall itself (ex officio) objectively determine the circumstances of a matter and provide a legal assessment of these, adjudicating the matter within a reasonable time”. 
In general APL does not concern issues of urgent matters, but brings principle of right to fair hearing in reasonable time. 
also Section 28 (1) envisages principle of procedural economy: “A court, in order to ensure the defense of the infringed rights of a person, shall adjudicate a matter in a timely manner”.

Urgent matters are regulated in special norms, for example:
Section 20 (4) of Protection of the Rights of the Child Law envisages : “Matters that are related to ensuring the rights or best interests of a child, and criminal matters in which the defendant is a minor, shall be adjudicated in court pursuant to special procedures.”, i.e., judge must hasten adjudication.
Section 19.2(1) of Asylum law envisages that appeal concerning refusal to establish status of refugee or alternative status should be adjudicated within three days. This procedure according to Asylum law in general is in written procedure.
My opinion is: court, dealing with question of urgent matters, should consider proper balance between interests of society and applicant. 
In addition to type of procedure: judge should consider the use of type procedure according to APL (see also 2.1.3. and 2.2.) or special norms outside APL [see 2) above].

What kind of interim measures or measures of suspensive effect may be granted by your Court upon the receipt of a complaint? 

Court, upon the receipt of a complaint, may grant suspension of operation of administrative act (Stay of operation of appealed administrative acts, section 185.-185.1 of APL) and provisional regulation, i.e., interim measure (provisional regulation, section 195.-202. of APL). Hereinafter both will be called measures of provisional defense.
suspension of the administrative act complained against, 
aa) becomes effective when served to the parties, 
If feature “becomes effective” is deemed enforceable then suspension of the administrative act (hereinafter called – suspension) becomes effective:
from the day after the day the application is submitted (ex lege principle) – Section 42.(1), 185. (1) of APL, but court must inform authority about that fact ;
if suspension is not ex lege then it becomes effective from the after the day when decision of the court comes into force, i.e., when it becomes undisputable, or in urgent matters, if decision is to be executed without delay, from the day of render of decision.

bb) may also have retroactive effect, 
Following to decisions (they are not in force yet) of Administrative regional court, I conclude: suspension in tax law has not retroactive force. 

b) my Court may order any interim measure deemed necessary when the interests 
of justice so require.

If feature “interests of justice so require” is deemed as court shall by its initiative (ex officio), then answer is – no! Provisional regulation is admissible upon application submitted by applicant (even he or she is addressee! of administrative act) or third person (Section 195 (1) and (2) of APL).

What are the legal criteria for a decision to give an order of suspensive effect or order an interim measure?

1) Concerning grounds of suspension: 
a) court shall answer positively to question: is the administrative act at first sight (prima facie) illegal?
b) court must concern proper balance between interests of society and applicant.

2) Concerning grounds of: 
a) court shall answer positively to questions:
(i) is the administrative act at first sight (prima facie) illegal?
(ii) might the effect of administrative act complained against cause essential injury or damages, whose prevention or compensation might be remarkably inconvenient or require improper resources?

b) court must concern proper balance between interests of society and applicant. 

a) Does the prospective outcome of the proceedings have any relevance?

APL is kept silent in this issue. My opinion is that taking into account prospective outcome is not adequate in addition to the objective of measures of provisional defense, because:
(i) before mentioned is to regulate legal status without having any considerations about validity of application of a main matter;
(ii) prima facie is general clause that divides in formal and substantial concept, and that might cause ambiguous jurisprudence of the court. 

b) Please give a short description of the content of the legal provisions concerned.
(i) suspension:

Section 185. un 185.1 of APL envisages :
ex lege principle: submission of an application to the court regarding the setting aside of an administrative act or declaring it as having ceased to be in effect or invalid, stays the operation of the administrative act from the day the application is submitted. 
application may be submitted by applicant, addressee, third person ; 
exclusion of ex lege princple works, if : 
the administrative act imposes a duty to pay tax, duties or another payment into the State or a local government budget ;
it is provided for by other laws ; 
the institution, setting out grounds for urgency of execution in respect of the specific matter, has specifically provided in the administrative act that it shall be executed without delay ; or
an administrative act of the police, border guard, national guard, fire-fighting service and other officials authorized by law is issued with the aim of immediate prevention of direct danger to State security, public order, or the life, health or property of persons ;
applicant claims more favorable administrative act than disputed favorable administrative act ;
administrative act establishes, alters, determines legal relations with persons specially subordinate to the institution ;
in features of disputed actual action ;
administrative act involves rejection to establish legal relations.

application for suspension is admissible until termination the adjudication of a matter on the merits,
an ancillary complaint against decision concerning suspension may submitted; 
if the court dismisses the application regarding the setting aside of an administrative act, declaring it as having ceased to be in effect or invalid, the operation of the administrative act shall be renewed as of the day the judgment comes into effect. 
if the court validates the application regarding the setting aside of an administrative act, the operation of the administrative act shall be suspended as of the day the final judgment comes into effect. 
in general suspension is in written procedure. 

provisional regulation

application may be lodged by applicant, addressee, third person at any stage of procedure ;
means of provisional regulation may be as follows:
a court decision which, pending judgment of the court, substitutes for the requested administrative act or actual action of the institution; 
a court decision which imposes an duty on the relevant institution to carry out a specific action within a specified time period or prohibits a specific action.
pursuant to the application of a participant in the administrative proceeding, a court may replace the stipulated means of provisional regulation with another means of provisional regulation. 
a decision regarding provisional regulation shall be executed without delay in accordance with the procedures prescribed for execution of court judgments
provisional regulation may be revoked by the same court pursuant to the application of a participant in the administrative proceeding.
if an application regarding the revocation of provisional regulation is dismissed, the provisional regulation shall remain in effect until the day when the judgment comes into effect
an ancillary complaint may be submitted with respect to a decision regarding provisional regulation.
submission of an ancillary complaint with respect to a decision regarding provisional regulation does not stay the execution of the decision.
submission of an ancillary complaint regarding a decision by which provisional regulation is revoked or the means of provisional regulation is varied stays the execution of the decision.

Indicate the types of control the administrative court may exercise over the activities of the administration or over the decisions taken by it: is it a control only of the legality of its decisions or can the judge also control whether the discretion was used by the authority in the spirit of the law?

Section 103. of APL 
(1) The substance of administrative procedure in court shall be court control of the legality and validity of administrative acts issued by institutions or actual actions of institutions within the scope of freedom of action, as well as the determination of public legal duties or rights of private persons and the adjudication of disputes arising from public legal contracts.
(2) Within the course of administrative proceedings, while performing its duties, a court shall itself (ex officio) objectively determine the circumstances of a matter and provide a legal assessment of these, adjudicating the matter within a reasonable time.
(3) In the course of an administrative proceeding the court shall determine:
1) whether the administrative act and the actual action of the institution complies with the provisions of this Law and other norms of law;
2) whether the norms of law and public legal contract give specific rights to or impose duties on the participants in an administrative proceeding; and
3) the compliance of the public legal contract with the norms of law, the fact of its being in force and the correctness of fulfillment. 

Is the judge allowed to take a decision instead of the administrative authority?

Section 254 (2) of APL:
(2) In the judgment the court shall specify the substance of the administrative act and the time period for its issue if the institution is not still required to carry out consideration of its usefulness. The institution is not still required to carry out consideration if its usefulness, if it is:
1) a mandatory administrative act (Section 65, Paragraph one); or
2) a choice of content administrative act (Section 65, Paragraph three), but the court has already carried out all necessary consideration and come to the conclusion that only an administrative act of one specific content may be correct. 

Do there exist other types of control procedures?

Section 104 of APL Control of Hierarchy of Norms of Law
(1) In examining the legality of an administrative act or actual action and in ascertaining public legal duties or rights of private persons, in case of doubt the court shall verify whether the norm of law applied by the institution or to be applied in the administrative court proceeding conforms to the norms of law of higher legal force.
(2) If a court acknowledges that a norm of law does not conform to the Constitution (Satversme) or norms (acts) of international law, it shall suspend court proceedings in the matter and send a substantiated application to the Constitutional Court. After the coming into force of the decision or judgment of the Constitutional Court, the court proceedings in the matter shall be renewed the following court proceedings shall be based upon the view of the Constitutional Court. 
(3) If a court acknowledges that the binding regulations of a local government do not conform to Cabinet regulations or the law or Cabinet regulations do not conform to the law, or an internal regulatory enactment does not conform to an external regulatory enactment or directly applicable general legal principles, it shall not apply the relevant legal norm. The court shall substantiate its view regarding non-conformity with the norms of law of higher legal force in the decision or judgment.

Indicate the delays of the procedures introduced with an administrative court, starting from the date of introduction of a complaint until the date the judgment is pronounced (average delays).
Is there any remedy against undue length of the proceedings for the parties of the proceeding before courts? Is this
a) a remedy provided by law (please give a quotation of the legal provision) 
b) a remedy of informal character (please give a short indication of its content).
What may be the result of such a remedy?
a) actual acceleration of an individual proceeding
b) payment of just satisfaction 
c) reduction of a penalty imposed 
d) disciplinary measures against individual judges
Which authority is responsible to deal with such a remedy? 
a) the president of the Court
b) a supervising judicial body 
c) an administrative authority

After an application is accepted for adjudication, copies of the application and documents appended to it shall be sent to the defendant without delay and he or she shall be invited to provide the court with an explanation in writing during one month. 
There are occasions when the defendant exceeds the time limit or even does not provide the court with an explanation. This way the procedures are delayed because usually the matter is adjudged after receiving an explanation from the defendant. Wherewith the later an explanation is received, the later the matter is adjudged.
Nevertheless Section 203 of the APL provides the possibility to punish the defendant, imposing a pecuniary penalty in the amount of 50 lati, if this delay inconveniences the adjudication of the matter within a reasonable time.
The most widespread delay of the procedures is in cases when the court adjourns the adjudicating of a matter. The causes of adjournment are fixed in Sections 268 and 269 of the APL. In accordance with Section 268 court shall adjourn the adjudicating of a matter if:
1) the defendant has not received a copy of the application and therefore requests that the adjudicating of the matter be adjourned;
2) it is necessary to invite as a participant in the administrative proceeding a person whose rights or legal interests may be infringed by the judgment of the court; or
3) a participant in the administrative proceeding fails to attend the court sitting and he or she was not notified of the time when and place where the court sitting was to take place. 
Section 269 says that a court may adjourn the adjudicating of a matter if it finds that: 
1) the adjudicating of the matter is impossible because a participant in the administrative proceeding, a witness, an expert or interpreter has failed to attend; or 
2) evidence still needs to be gathered.
Most frequently it is a participant or a witness that has failed to attend the court sitting and court adjourns the adjudicating of a matter because finds that the adjudicating of the matter in these circumstances is impossible.
Section 279 of the APL provides a remedy against undue length of the proceedings because an applicant fails to attend court sittings: a court may leave an application without adjudication if an applicant, who has been notified of the time when and place where the court sitting is to take place, repeatedly fails to attend the court sitting without justified reason and has not petitioned for the matter to be adjudicated in his or her absence.
Concerning the witnesses there is Section 144 of the APL which determines that a court may take a decision concerning the bringing of a witness to the court by forced conveyance. Such decision shall be executed by the police institution stipulated by the court.
If the defendant who has been notified of the time when and place where the court sitting is to take place, fails to attend the court sitting court may adjudicate the matter in absence of the representative of defendant.
If it is the judge who has failed to exercise his or her job responsibilities or allowed gross negligence during the adjudication of the matter, he or she may be called to disciplinary responsibility.

Which kind of means are at the disposal of the administrative judge (or the parties) in order to provide for a correct execution (enforcement) of the judgment. Does the judge have the possibility to give injunctions to the administration? Do there exist specific procedures which the parties may use in case the administration does not voluntarily execute the judgments?

Chapter 43 of the APL provides the regulation of execution of court adjudications. 
Section 375 of the APL determines that an institution is obliged to execute properly and in good time a judgment or other decision (adjudication) directed against it, rendered or taken by a court in an administrative matter. The institution shall notify the applicant and the court of the execution of the court judgment. If an institution does not execute court adjudication voluntarily, compulsory execution shall be directed at the institution in accordance with the provisions of the APL. 
Section 382 states that if court adjudication imposes a duty on an institution to perform a specific action or refrain from a specific action and the institution does not fulfil such duty, a pecuniary penalty may be imposed on the head or another official of the institution.
A pecuniary penalty may be imposed repeatedly until the head or another official of the institution carries out or ceases the relevant action. A repeated pecuniary penalty may be imposed not earlier than after seven days. 
The minimum pecuniary penalty is one hundred lati, and the maximum – one thousand lati. In determining the amount of pecuniary penalty, the executive institution shall observe the principle of proportionality (Section 13).
A pecuniary penalty shall be imposed pursuant to an execution order of an executive institution.
Section 384 of the APL provides that an institution may not act contrary to a court judgment. If a person considers that an institution is acting contrary to a court judgment, he or she may submit a complaint to a higher institution. If there is not a higher institution or it is the Cabinet of Ministers, the private person may apply to a court. Decisions of a higher institution may be appealed to a court. Complaint is reviewed by way of written procedure. The decision of a court may not be appealed.

2.9. Which kind of new technologies are at the disposal of the administrative judge and do the procedures to be followed at the administrative court provide for the possibility to use standard forms or electronic transmittal techniques (for example, are the parties allowed to introduce the briefs by way of mail or other electronic transmittal systems)?

At the disposal of every administrative judge is a computer with an access to several databases, e.g., Population Register, vehicle register, Informative System of Courts etc.
What concerns the using of electronic transmittal techniques, laws and regulations of the Republic of Latvia do not allow the parties to submit documents to the court by way of e-mail or other electronic transmittal systems. Regulations of the Cabinet of Ministers determine that a document is valid only if it contains an original signature. This is not observed by submitting documents by way of electronic transmittal systems, and therefore they cannot be regarded as valid documents. 
If it is necessary to send some documents very quickly, it is allowed to fax them to the court, at the same time sending the original by post.

2.10. Do the administrative courts in your country possess central computer systems to which all judges are linked, and comprising inter alia data bases, general information, laws, procedural acts, access to electronic files and so on?

Administrative courts in Latvia and their judges have access to several databases. The most important is Informative System of Courts that every judge may link to and see all details of every procedure introduced with an administrative court (inter alia the details of an application that is not accepted yet). It contains information about parties, subject-matter of application, judge the application is submitted to and all adjudications taken concerning an application.
Judges have access also to Population Register, Vehicle Register, Laws and Regulations Register and Land Register.

2.11. Indicate whether you think that the facilities used by the administrative courts and the means put at the disposal of these courts by the State are appropriate and, if this is not the case, indicate the problems you have noted in this context and the possibilities to remedy.

Facilities used by the administrative courts and the means put at the disposal of these courts by the State are appropriate. We have not noted any problems in this context.

2.12. Indicate the total amount of money spent by the State to ensure the functioning of administrative justice, compared to the total amount of the State budget.

In year 2007 State has planned to spend 72 220 lati for optional activities of District Administrative court and 714 682 lati as salaries for personnel of District Administrative court. In total that makes 786 902 lati. In comparison the total amount of the State budget for year 2007 (part of expenses) is 4 396 425 176 lati.

2.13. Do there exist alternatives to the contentious proceedings, for example mediation, arbitration procedure and so on in your country?

The APL does not provide any alternatives to the contentious proceedings, like mediation, arbitration procedure and so on.

2.14. Which kind of effective legal remedies can be used against a judgment of an administrative court of first instance?

If a participant in administrative proceedings considers that the judgment or supplementary judgment of an administrative court of first instance is unfounded, he or she may submit an appellate complaint regarding that judgment, and regarding that supplementary judgment of a court of first instance.
Section 290 of the APL determines that a judgment of a district administrative court, which has not come into effect, may be appealed by way of appellate procedure to the relevant Administrative regional court.
It is important to note that the subject-matter or the basis of a claim may not be amended and new claims, which were not submitted in the court of first instance, may not be included in an appellate complaint (Section 294).

IV./ Efficiency in the relations of an administrative jurisdiction towards third parties

Access by the public or the parties to the information held by the administrative courts 

Do the administrative courts in your country have a person in charge of the relations with the press (press speaker)?

The presidents of the regional and district administrative courts have their assistants –the employees without public authority. These assistants manage the organizational matters and are in charge of the public relations (including the relations with the press). The Supreme Court has its communication bureau and employs the press speaker.

Do the administrative courts in your country prepare annual reports about their activities? Is this report available to the public? To whom/ or to which body this report is it addressed?

The administrative courts regularly prepare information about their activities. Regional and district courts address their reports to the Court Administration (institution which organizes and ensures the working of regional and district courts). The Supreme Court has its own administration which prepares public reports. Some reports are available at the home pagewww.tiesas.lv and also www.at.gov.lv (the Supreme Court’s home page).

Does there exist a possibility to access by internet or by any other means the judgments pronounced by the administrative courts and other documents which might be relevant for the public/parties?

The parties are entitled to receive a copy of every decision made by the court concerning their case. Those decisions announced in open trials are available to everyone. In the turn those decisions announced in closed trials are not accessible to the public, except their introduction and resolution part. The judgments pronounced by the administrative courts can be accessed at the home page www.tiesas.lv. Other decisions practically (to the most of the public) are available only at the court (written on the paper).

Do the parties of the case pending at an administrative court have the possibility to get information, by electronic or other means, about their file and the state of the proceedings.

The parties of the case are authorized to get any information about their file and proceedings. To keep secret the privacy of the party or to withheld the state, business, professional or adoption secrets the court is allowed to restrict the right of the party to look into the respective part of the file.

Do the administrative courts of your country have the possibility to exchange information or experience with other national or international courts or with courts situated in other countries and, if this is the case, could you give more information about this kind of exchanges?

Regular seminaries on administrative law are organized by the Latvian Judicial Training Centre. These seminaries are visited by local judges and by specialists in different areas of administrative law as lecturers, for example, either local and foreign specialists in tax law, medicine law, human rights, also judges from other countries etc. It is also possible for local judges to visit some international conferences (on state law, international law etc.) outside the country. Of course, exchange of information includes getting latest judgments pronounced by other national courts, international courts and courts situated in other countries.

Control of the activities of the administrative courts

Do the administrative courts prepare statistics about affairs settled during the judicial year, about the stock of affairs pending and about the number of affairs dealt with by individual judges?

The administrative courts prepare different kinds of statistics, inter alia, about entered, closed and pending affairs (in total and by individual judges), about time required to settle different types of cases, about parties and about outcome (types of final decisions) etc. Some statistics are available at the home pages www.tiesas.lv and www.at.gov.lv.

Do the administrative courts possess electronic systems to ensure the follow-up of the affairs pending (e.g. electronic file system…)?

The court information system is an united data base which ensures the follow-up of all administrative, civil and criminal affairs pending in all district and regional courts and in the Supreme Court. The system allows to register the information about the affair and about the actions executed by the court or by the parties. The system also allows to upload the electronic files of the decisions (several types, including judgments) announced by the court.

In your country, are there mutual or internal evaluations (on periodical basis) of the quantity and quality of the work to be done by the court? Which is the body which is competent to prepare this kind of evaluations, are they done by the court itself or by any other bodies, authorities or courts? Do there exist control procedures of the judicial work done by the administrative judges and, if this is the case, by which kind of authorities (national or international) are these procedures accomplished?

The simplest way to demonstrate the quantity of the work done by the court is looking at statistics about entered, closed and pending affairs. In the turn the quality of the work of the court can be demonstrated, looking at higher authority court statistics. The Court Administration summarizes the statistics about the work of regional and district courts. The Supreme Court itself prepares annual report about its activities. Statistics about the quantity and quality of the work done by individual judges are taken into consideration, when the Judicial Qualification Board decides for judge’s skill degree or when national parliament decides for judge’s promotion. Of course, the quality of the work of the court is also evaluated by the court of appeal or cassation.

Which kind of sanctions may be taken against individual judges in case of misbehavior or in case the work to be done by judges has not been delivered in certain delays?

The Judicial Disciplinary Board is authorized to administer disciplinary punishments like reproof, reprimand (censure) and cut of salary (up to 20 %, lasting up to one year). The Judicial Disciplinary Board can also forward the file to the Judicial Qualification Board to decide against judge’s skill degree (it affects judge’s possible promotion) or to suggest judge’s suspension (national parliament can decide the matter). In the case of criminal offence a criminal case can be initiated against the judge by the Prosecutor General.

Do there exist compensation procedures in case of errors committed by the court or individual judges or in case of delays in the proceedings? If this is the case, could you briefly describe the kind of compensation procedures which may be used by the victims of such errors or delays.

There is no particular compensation procedure in case of errors or delays committed by the administrative courts or their judges. Compensation for damages and moral harm can be required, bringing a civil action to court in a common way.

Do there exist possibilities for the public or the parties to introduce complaints against the way the administrative courts work?

Everyone has constitutional rights to lodge complaints to competent authorities and to receive answer in substance. The Court Administration, the Ministry of Justice and the President of the Supreme Court – these institutions (each in its way) have respective powers to supervise the way the administrative courts work (in management, communication matters and so on). Complaints against individual judges can be lodged also to the president of the court, to the president of the higher authority court or to the Minister of Justice. These officials are empowered to initiate disciplinary cases against judges.

Do there exist studies about the feed-back of “customers” (in a broad sense of meaning) of administrative justice, on the bases of inquiries made among the public, the parties or their lawyers, about the functioning of the court?

There are no notable studies based on inquiries about the functioning of the administrative courts. Occasionally there are publications and opinions published by national newspapers and legal magazines concerning the efficiency of administrative justice. Leading question is how to reduce time required to settle cases as there is great accumulation of cases pending.