30th of March, 2009
The senator of the Department of Administrative Cases of the Senate of the Supreme Court Janis Neimanis has gone to Luxembourg to take part in a symposium „Discussion about legal proceedings in prejudicial judgments”, organised by the European Court of Justice, that takes place today and tomorrow.
In year 2007 year the Association of the State Councils and the Supreme Administrative Courts of the countries of the European Union has begun discussion about legal proceedings in prejudicial judgments and has created working group, in which there were representatives of this Association, and also representatives of a network of chairmen of the Supreme Courts of the European Union.
In order to improve legal proceedings in prejudicial judgments, this year ECJ organises a symposium, to which representatives of the Supreme courts and the Constitutional courts of the member states of the European Union have been invited. The Supreme Court of the Republic of Latvia is represented by senator Janis Neimanis, and the Constitutional Court – by the Chairman of Constitutional Court Gunars Kutris.
Prejudicial judgment has been made by ECJ upon request of national courts of the member states of the European Union in cases, in which it is necessary to apply EU law in order to provide uniform application of the European law in all territory of EU. Prejudicial judgments are not mandatory for national courts, but usually they lean on them while making ultimate judgment.
29th of March, 2009
The offer of senators of the Department of Administrative Cases of the Senate of the Supreme Court to celebrate five years' anniversary of creation of administrative courts with scientifically-practical conference has received the extensive response. On March 27, the conference «Five years of administrative courts and is administrative-remedial legal proceedings in Latvia» has been visited by more than 400 listeners – judges, educational forces, students, lawyers of the state and municipal institutions, lawyers, judicial executors, lawyers of the enterprises and other interested persons. That questions and discussions arose even after last report at half past five on Friday evening, speaks volumes for an urgency and advantage of subjects of conference.
25th of March, 2009
Attendance of conference «Five years of administrative courts and is administrative procedure legal proceedings in Latvia», organised by the Supreme Court, which will take place on Friday, March 27, in Big Hall of the University of Latvia, promises to be high.
Almost 500 participants have already submitted application for participation in the conference – judges, lawyers and other employees of law enforcement and other establishments, teachers and students of the higher schools, employees of the ministries and municipalities, lawyers, notaries, judicial executors and other interested persons. On conference can come also those interested persons, who did not register in advance, participation in the conference is for free.
The conference has been organised by the Department of Administrative Cases of the Senate, which is the youngest structural unit of the Supreme Court, created only five years ago, when in Latvia Administrative Procedure Law came into force and administrative courts, including Department of Administrative Cases of the Senate as court of cassation instance, had been simultaneously created also. The purpose of the conference is to evaluate not only practice of administrative courts within these five years, but also some existing topical questions.
Thus, for example, senator Jautrite Briede will report about the general administrative act, senator Janis Neimanis – about public law contracts, the adviser of Legal Bureau of the Saeima Janis Pleps – on standard regulation of meetings, processions and piquets. The report of PhD student of University of Latvia Anita Kovalevska will be about a concrete definition of a principle of good management in administrative cases, and Arvid Dravnieks the director of Institute of Public Law will present report about reference of administrative process. There will be reports of other participants on concrete topical questions heard: Edvins Danovskis will report on competency of cases to administartive court, Viktors Sadinovs – about administrative process in privatisation and alienation of the property of the state and municipalities, Modris Zeivots – about legal proceedings in cases of administrative infringement, Maris Rukeris – about powers of attorney and authorizations in administrative process.
19th of March, 2009
In courts of Latvia there is no big number of cases, when courts should solve, what legal acts to apply for the beside-contractual obligations, which have arisen between various subjects of the countries of the European Union. As well in courts of other EU countries cases of such character are not met often yet, but, it is possible to predict that with development of globalisation the quantity of arguments will increase.
Since January 11, 2009, in such cases it is necessary to follow Regula of the European Parliament and Council № 864/2007 about the legal acts applied in beside-contract obligations (Rome II). In order to require conditions of this Regula, the Ministry of Justice of Lithuania on March 12-13, had organised a seminar in the Lithuanian Centre of Training of Judges and had invited also representatives of the Supreme Courts of Latvia and Estonia. Senators of the Department of Civil Cases of the Senate Kalvis Torgans and Aldis Lavins, which took part in a seminar, considered it as very useful, because basic knowledge of legal regulation of Regula and existing practice of the European judicial institutions had been acquired.
At a seminar as the lecturer Andrew Dickinson participated, who represents one of leading legal companies of Great Britain and, thus, is associated with practice of application of Regula. The lecturer had in detail reviewed the arguments arising in cases, if delict has occurred in one country, the victim is the resident of other state, and harmful consequences of infringement of the rights are shown in one more other state, and also many other questions connected with beside-contractual conflicts, for example, non-entrusted documentation, unreasonable enrichment, culpa in contrahendo.
18th of March, 2009
The higher officials of judicial system – the Chief Justice of the Supreme Court, the General Prosecutor and the Minister of Justice will pay the common visit to the President of Ministers, in order to discuss personally financing of judicial system and a consequences of reduction of financing of judicial system on 20 %.
Such decision was made after a today's meeting in the Supreme Court by the Minister of Justice Mareks Seglins, the Chief Justice of the Supreme Court Ivars Bickovics and General Prosecutor Janis Maizitis.
The meeting had been organized on the initiative of the Minister of Justice. The new Minister of Justice M.Seglins wished to listen to the opinion of the Chief Justice of the Supreme Court and the General Prosecutor on influence of reduction of the budget of judicial system, in order to agree about joint action. The highest officials of judicial system consider, that reduction of financing of judicial system needs to be evaluated individually, taking into account possible risks and irreversible consequences at the state level.
14th of March, 2009
Year 2008 was usual for the Supreme Court– the wheel of reviewing of court cases span quickly –
4445 cases were received, 3941 cases were reviewed, the number of cases pending in the end of the year was 2108.
The situation is serious, but it is similar as in other countries of Europe – the tendency of increase of number
of court cases has been observed everywhere.
The last year differed from other years with changes in a management of the court and in court of judges –
the Chief Justice of the Supreme Court was replaced, five judges finished their work in the court, and six new
judges had begun to work in the Supreme Court. The Head of the Administration has changed also, but fluidity of
employees of the court has decreased.
The last year differed also in means of financing – already in the end of the last year after two decreases
of the budget the Supreme Court had been forced to pass, to a certain extent, to emergency regime. If it will be
necessary to fulfil the requirement of the new government to reduce the budget for 20% more, the Supreme Court
will not be able to carry out all functions provided to it by the law.
This was the result of the report of the Chief Justice of the Supreme Court Ivars Bickovics during annual plenum,
which has taken place on March, 13. The Chairman of the court thanked all body of the court for good work and urged to
keep good fellowship also in dramatic financial situation of this year, to understand the situation and to repose trust
in a management and financial experts of the court who, probably, would be forced to accept decisions, that would be
heavy and painful for judges and workers of the court.
12th of March, 2009
On Friday, March, 13, at 10.00 o’clock the Plenum of the Supreme Court will
be called, and during this session judges will analyse and evaluate work of the Supreme Court in year 2008.
The statistical data which is already available in a homepage www.at.gov.lv in section of "Statistics",
show that in year 2008 quantity of cases arrived in the Supreme Court has continued to grow and the number of
cases pending in the end of the year has increased. The overload has been especially felt in reviewing of civil cases:
in the Department of Civil Cases of the Senate, in comparison with previous year, the number of cases pending has almost
doubled, and in the Chamber of Civil Cases there were more than 1000 cases were left pending in the end of the year.
In plenum results of work of the court will be analysed and solutions on optimisation of work will be offered.
Heads of departaments of the Senate Valerijans Jonikans, Pavels Gruzins and Veronika Krumina and Chairs of Chambers
Gunars Aigars and Ervins Kuskis will take the floor with reports.
The Head of the Department of judiciary practice Zigrida Mita and the Head of the Department of complaints Rolands Krauze
will also inform on work done in the last year. The report on administrative work will be presented by the Head of Administration Sandra Lapina.
After hearing of reports of all structural units the generalized report about the work of the Supreme Court
in year 2008 will be presented by the Chief Justice of the Supreme Court Ivars Bickovics.
10th of March, 2009
“I have admired my father most of all because of his firm position. What he considered to be true and correct, he did not recede from it, even if it was unprofitable, it was necessary to go against the stream and could be very dangerous”, so about the father, the son of the first president of Latvia Janis Cakste, the senator of the Department of the Civil Cassation of the Senate of Latvia Mintauts Cakste speaks his daughter Aija Cakste. Aija Cakste couldn’t arrive to the solemn action devoted to 90-year-old anniversary of the Senate, so therefore she visited the Supreme Court this week, while having arrived to Latvia from Sweden for a couple of days. Aija Cakste has met the Chairman of the Supreme Court Ivars Bickovics in a friendly conversation, has visited the court museum, and has expressed her gratitude for the brochure published by the Supreme Court «Senators. The senate of Latvia 1918-1940», and also has presented the written memoirs on her father. In memoirs Aija Cakste describes some examples which testify to a firm position of senator Mintauts Cakste and all family of the president in protection of statehood and democracy of Latvia. “When Russian army in severe year came into Latvia, so called “circus elections” had been organised, in which Latvians asked “to adopt them in the Soviet family”. In passports seals about participation in elections had been set. No one of sons of Janis Cakste went to elections. It seems to me, it was under the offer of the father. Their passports were without the seals, that was very dangerous», tells Aija Cakste.
Also from memoirs of the daughter we learn about the attitude of Mintauts Cakste to overturn of May, 15th, 1934, which was a hard blow for him as for the expert in jurisprudence.
The facts about the attitude of Latvian expatrians to Saeima, to the Constitution of Latvia and to „how it would be possible to put Latvian case in a free world” were less known. Aija Cakste does not hide that in emigration in Sweden conditions were unpleasant, because poets, journalists and others discredited these things and the big hatred was kindled against her father and his adherents, and it has gone harmful for Latvia.
5th of March, 2009
Yesterday and today senators of the Supreme Court Jautrite Briede, Janis Neimanis and Andris Gulans put themselves in teachers’ shoes, and in a judicial hall not court sessions took place, but school lessons. In unusual lessons this week pupils of Selpils basic school, Balvu vocational secondary school, Valmiera high school of a name of Viesturs and the Riga Commercial secondary school participated. In general, in March and April lessons conducted by senators of the Department of Administrative Cases of the Senate, will be visited by almost 600 pupils from 25 schools of Latvia.
Senators tell pupils about legal and judicial system of Latvia, about process of judicature and about work and career of judges and representatives of other legal professions. As well, pupils hear also practical recommendations of how to learn and exercise rights, how to create legally correct and reliable relations, and also how to prepare for study in sphere of jurisprudence more successfully, and what skills and qualities are necessary in work of the judge. Senators speak also about trust to courts and about reputation of judges. “The reputation has been created for a long time, but it can fail very quickly, even in one day, if the judge acts illegally or unethically”, senator Janis Neimanis admits. Also senator Jautrite Briede underlines: «It is not necessary to sell the conscience, as there are no values which would be stronger than that I was fair».
Pupils also have a possibility see the Museum of the Supreme Court and rooms of the Judicial Palace.