28 January, 2014
According to amendments to the law “On Judicial Power” adopted by the Saeima (the Parliament), the Chamber of Civil Cases of the Supreme Court shall be liquidated before the end of 2016, thus terminating transition to so called courts of “clear” instances. In order to implement the abovementioned reform, it is necessary to perform gradual distribution of competences in civil procedure among court instances, diverting inflow of cases from the Chamber of Civil Cases to regional courts and district (city) courts. The Board of Justice supports amendments to the Civil Procedure Law planned by the Ministry of Justice to ensure transition to system of “clear” court instances in review of civil cases.
As from January 4, already, amendments to the Civil Procedure Law became effective, which envisage transfer of cases arising from liability law, if sum of a claim exceeds EUR 201 000, to district (city) courts.
Next amendments to the Civil Procedure Law prepared, which are planned to come into force in the second half of year 2014, envisage transfer of applications on approval of real estate auction acts to Land Registry offices of district (city) courts.
Also, as from the second half of year 2014, amendments to the Civil Procedure Law have been planned regarding redistribution of cases, which would affect cases on protection of patent law, trademarks and indications of geographical origin, cases on insolvency and liquidation of credit institutions, and cases, in which dispute on title to real property exists.
The Ministry of Justice has also developed amendments to legal provisions, envisaging disposal of cases, which will not be reviewed by the Chamber of Civil Cases of the Supreme Court until December 31, 2016. Amendments shall envisage action not only regarding cases, review of which on the merits has not been yet commenced, but also regarding redistribution of cases to district (city) courts and regional courts in cases, when cassation instance reverses ruling of the Chamber of Civil Cases of the Supreme Court and the case has been transferred for new review in the first instance or the appellate instance court.
Having supported amendments to the Civil Procedure Law planned by the Ministry of Justice, the Board of Justice at the same time repeatedly indicated that legal regulation is necessary also for work prospective of judges of court chambers, who are appointed in the office of the Supreme Court judges with no limitation of term, after liquidation of court chambers.
The issue was reviewed in the sitting of the Board of Justice on January, 27
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211