February 1, 2004 new Administrative procedure Law came into force, that regulates order of public rightful relationship between state and individual, starting from asessment of Administrative case in the institution till administrative process in court and its execution. In order to provide control of the court in administrative process, established by this law, at the same time administrative courts were formed, and Cassation Court – Department of Administrative Cases of the Senate of the Supreme Court was among them.
Ms. Veronika Krumina is the Chair of the Departament of Administrative Cases.
In 1987, Veronika Krumina graduated from the University of Latvia, Faculty of Law, in 1990 – the Institute of International Relations.
V. Krumina was elected in the position of the Chairman of the Department of Administrative Cases of the Supreme Court on December 27, 2007, but she held the position of the senator of the Department of Administrative Cases since May 2, 2005. Till that time, she held the position of a judge in the Vidzemes District Court and the Administrative Regional Court, as well as worked as the director of the Department of Codification of the Ministry of Justice, deputy state secretary in legislative matters and the deputy state secretary in court matters, she worked also in the Legal department of the State Chancery.
In the Department of Administrative Cases there are seven senators: Jautrite Briede, Andris Gulans, Dace Mita, Janis Neimanis, Ilze Skultane and Rudite Vidusa. Normunds Salenieks is temporary absent.
The Department of Administrative Cases reviews:
- cassation complaints on judgments and supplementary judgments of the Administrative Regional Court. In cases provided by law, the Department of Administrative Cases reviews also cassation claims on judgement of Administrative district court. Reverse against the sentence immediately in cassation is provided, for example, in Application Law and in law „About sessions, parades and piquets”;
- ancillary complaints on judgements of Administrative district court, and in cases established in part four of Paragraph 317 of Administrative procedure Law – ancillary complaints on resolutions of Administrative district court (in cases, in which judgement of Administrative district court can be reversed in process of cassation in the Senate of the Supreme Court;
- petition for interception or resumption of operation of administrative act, as well as application of temporary regulation;
- applications on newly discovered circumstances.
At the same time, special law standards of other laws determine separate categories of cases in which the Department of Administrative Cases hears a case as the court of the first (and the only) instance:
- in the cases related to the Saeima (Parliament) elections, reviewing applications on the decisions of the Central Elections Commission which have been adopted on disputed minutes on counting of votes of the circuit commissions, on confirmation of the results of the Saeima elections, and on the decisions adopted after evaluation of the influence of a judgment of conviction on division of the mandates in a criminal case on violation of voting rights;
- reviewing application on the decisions of the State Audit Council;
- reviewing application on decisions of the Minister of Interior Affairs on entering foreigners in the list of the persons who are prohibited to enter the Republic of Latvia.
The issue on initiation of cassation proceedings is decided by the panel of three senators in an assignments session. By a decisions of the assignments session, the initiation of cassation proceedings may be declined in the following cases:
- if the regulations regarding the contents of the cassation complaint have not been followed;
- if the case-law of the Department of Administrative Cases already has similar cases, and the appealed judgment corresponds to this case-law;
- if there are no doubts about lawfulness of judgement reversed, and the case to be reviewed has not significance in the development of case-law.
Along with the decision on declining initiation of the cassation proceedings, judgement reversed comes into force.
A cassation complaint is reviewed by the Department of Administrative Cases in a court session, or in a written proceeding if the participants of the case – individuals agree to it.
In case if the senators do not reach agreement regarding the judgment to be adopted, or by a unanimous decision the case may be passed over for reviewing in a joint session of the Department of Administrative Cases.
Having reviewed the case, the Department of Administrative Cases may adopt one of the following judgments:
- to leave the judgment unchanged, and to decline the complaint;
- to revoke the judgment in full or in a part, and to remand the case for new reviewing to the appellate instance or the first instance court;
- to revoke the judgment in full or in a part and to terminate proceedings, or to leave the application without reviewing, if circumstances have been found which in the respective case do not allow court proceedings.
In Administrative cases announcement of the judgement takes place immediately after its composition, thus providing members of the process possibility to receive copy of judgement in court chancery. Members of the process are informed about day of announcement of the verdict (it is, day, when verdict is composed and when it is possible to receive copy of it) in advance.
Ancillary complaints, as well as petitions for interception of the operation of the administrative act and application of temporary regulation, and applications in relation to newly discovered circumstances are reviewed by the Department of Administrative Cases in written proceedings. If the court considers, that for judgement of concrete question hearing is needed, it can establish reviewing of the case in hearing.
When reviewing an ancillary complaint, the Department of Administrative Cases verifies the lawfulness and validity of the appealed decision and adopts one of the following decisions:
- to leave the decision unchanged, and to decline the complaint;
- to revoke the decision in full or in a part, and to remand the case for new reviewing to the court which had adopted the decision;
- to revoke the decision in full or in a part, and by its decision to decide the matter on the merits;
- to change the decision.
Judgements and resolutions of the Department of Administrative Cases of the Senate are not reversible and come into force on the day of announcement (composition).
