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. (
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.
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.
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.
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.
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.
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.
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.
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 Powerâ€. There is constitutionally entrenched that judges are independent and subordinated to law.
No, the ways of selection/appointment of judges are prescribed in the special law “On Judicial Powerâ€. 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.
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.
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.
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.
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.
Yes, it is possible.
2.7. Is it possible to transfer to government administration and back?
Yes, it is possible.
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.
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 Powerâ€, 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 Powerâ€.
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 Powerâ€, 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.
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 Powerâ€, 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.
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 Powerâ€, 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).
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.
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).
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.
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.
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 conductsâ€.
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 conductsâ€.
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.
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.
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
4.1. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
.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.
(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.
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.
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.
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.
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.
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 diffe
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 diffe