After the Supreme Council of LSSR passed the May 4, 1990 declaration "On Restoration of Independence of Republic of Latvia" (which had the legal effect of a constitution), it became possible to gradually create a three-tiered court system that meets the requirements of a democratic state. The declaration "On Restoration of Independence of Republic of Latvia" reinstated the four Articles of the Satversme (Constitution) of independent Latvia that set forth the constitutional and the legal basis of the Latvian state. The declaration also provided for a transition period. On August 21, 1991, the constitutional law "On Political Status of Republic of Latvia" fully restored the Latvian political system in accordance with the February 15, 1922 Satversme (Constitution) of the Republic of Latvia.
Restoration of independence did not involve starting "from scratch" when re-establishing the judicial system, including the Supreme Court. In fact, reform of the Latvian Court system was an evolutionary process, with the new system in creation leaning on the regulary basis of the former independent Latvian State. The beginning of the 1990s saw judicial reform prepared and then implemented both by individual Supreme Court judges, and by the Supreme Court as whole.
In order to prevent the Communist party from influencing the courts, on 14 February 1990 the Plenary Session of the Supreme Court stated that the post of a judge could not be combined with memebership of a political party or organisation.
On 23 April 1990 the Plenary Session invited the Supreme Court Council of the Latvian SSR then exercising legislative power to declare illegal all decisions of judicial and extrajudicial institutions, which under the laws of the occupying state had subjected the inhabitants of Latvia to repression, and to rehabilitate them.
As early as March 11, 1991, the Plenary Session of the Supreme Court passed the decision "On the Independence of Judiciary of the Republic of Latvia" that for the first time contained important principles for the independence of the judiciary and the judicial proceedings that met the requirements of international legal standards.
After restoration of national independence, a politically important questions rose, namely, whether to allow judges who had studied and worked during the Soviet period to continue their work. This question particulary referred to Supreme Court judges. The decision taken was based on common sense, enabling seperate assessment of individual performance and loyalty. Several judges had to resign, but many are still in office. Swearing in the judges of the Supreme Court was held on 8 April 1991.
On December 15, 1992, the Saeima (Parliament) passed the Law On Judicial Power. This law formed the legal basis of judicial reform and corresponded to the progressive attempts of the time to improve the judicial system in the country.
For the first time, the principle of separation of powers was set by law as Article 1, Part I of the Law on Judicial Power provides that together with the legislative branch and the executive branch, the Republic of Latvia shall have an independent judicial branch.
However, in 1994, when the Cabinet of Ministers approved new regulations of the Ministry of Justice, among other assignments of the Ministry the assignment to supervise the Supreme Court was also named. On October 31, 1994, the Plenary Session of the Supreme Court acknowledged the regulations of the Ministry in the part regarding the supervision of the Supreme Court not complying with the law and not binding for the Supreme Court. The Plenary Session found that the central establishment of the executive power undertaking the supervision of the Supreme Court has ignored the principle of separation of powers, the principle of court independence, and by the regulations of the establishment of the executive power has usurped the right to supervise the highest judicial power in Latvia – the Supreme Court.
Establishment of the structure of the Supreme Court of the Republic of Latvia
The standards stated in Articles 4, 5, 6 of the law “On Judicial Power” determined the three-tier court system in Latvia.
On the basis of these standards five regional courts were established in Latvia completely anew, but the Supreme Court was restructured, there a cassation instance – the Senate – was established, and the court chambers as the appellate instances.
On October 3, 1995, the Plenary Session of the Supreme Court by its decision “On the establishment of the Senate Departments and Court Chambers of the Supreme Court of the Republic of Latvia” established the present structure of the Supreme Court – approved the composition of the Judges and the Chairmen of the Chamber of Civil Cases, the Chamber of Criminal Cases, as well as the Department of Civil Cases and the Department of Criminal Cases of the Senate.
Since 2004, the Chief Justice of the Supreme Court was Andris Gulans. He held this position up to June 13, 2008.
In 1995, Martins Dudelis was elected the first Chairman of the Department of Civil Cases of the Senate, Pavels Gruzins – the Chairman of the Department of Criminal Cases of the Senate. Gunars Aigars was elected the Chairman of the Chamber of Civil Cases, Andrejs Lepse – the Chairman of the Chamber of Criminal Cases.
The Department of Administrative Cases of the Senate started its work on February 6, 2004. The first Chairman of this Department was Valerijans Jonikans.
