2 August, 2010
Further, the total number of judges of the Supreme Court will be established by Saeima, according to a suggestion of the Board of Justice. In its turn, the Board of Justice will decide on number of judges working in the Senate and Chambers, upon the suggestion of the Chief Justice of the Supreme Court. Such procedure has been established by amendments in the Law “On Judicial Power”, which were accepted on June 3, and today have come into force.
In Latvia there has been created new institution of judicial system – the Board of Justice that will participate in workout of policy and strategy of judicial system, and also in organisation of work of judicial system. The Board of Justice will be involved in making decisions upon questions about career of judges and other questions, related to the Supreme Court.
In the future, the Board of Justice, and not the Chief Justice of the Supreme Court will be able to prolong the term of office of a judge of the Supreme Court up to 2 years after gaining maximum age of execution of duties, and also submit in Saeima suggestions about granting the nomination of the Honorary Judge to the judge, who worked in good faith and has terminated work of the judge.
Procedure of replacement of judges of the Supreme Court has also changed. For the term of vacancy or absence of senators of the Department of Civil Cases and the Department of Criminal cases of the Senate, the Chief Justice of the Supreme Court can instruct to replace them to Honorary Judge or to the judge of the Chamber, but decision about replacement of the senator of the Department of Administrative Cases of the Senate will be made by the Board of Justice, after having received a suggestion of the Chief Justice of the Supreme Court and positive conclusion of Judicial Qualifications Committee. It is possible to instruct to replace the senator of the Department of Administrative Cases of the Senate for no longer than 2 years, to the judge of Administrative regional court, and judge of the Chamber – to the Honorary Judge or the judge of regional court. The Board of Justice will also have right to express an opinion about budget request of the court, inter alia, of the Supreme Court. The Supreme Court will submit the budget request to the Ministry of Finance, attaching opinion of the Board of Justice to it. Different opinion of the Board of Justice will not stop procedure of submission of budget request.
Saeima will approve the Chief Justice of the Supreme Court in the post also in the future, according to the suggestion of the Plenum of the Supreme Court, but the Board of Justice will listen to candidates for this post and will submit an opinion about them to the Plenum of the Supreme Court. In its turn, the Chief Justice of the Supreme Court, while submitting to the Saeima a suggestion about appointment of General Prosecutor, will have to reconcile it with the Board of Justice.
The creation of the Board of Justice was planned in a new Law on Judicial System, but Subcommission of Saeima for the work upon the Law on Judicial System decided to include the Board of Justice to the system of existing law “On Judicial Power” and prepared appropriate amendments. The Board of Justice will consist of the Chief Justice of the Supreme Court, the Chair of the Constitutional court, the Minister of Justice, the Chair of Juridical Committee of Saeima, General prosecutor, Chairs of the Board of Sworn Advocates, the Board of Sworn Notaries and the Board of Sworn Bailiffs, and also seven elected judges.
Information prepared by
Head of the Division of Communications of the Supreme Court Rasma Zvejniece
E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211