The collection of sentences and rulings of the Department of Administrative Cases of the Senate of the Supreme Court of year 2008 has been published, and it is the fifth one. Rulings that have been summarized in the collection are invaluable helpers for courts of lower instances, while making sentences, and for state officials, while applying public legal relationship with individuals.

83 rulings published have been grouped in 9 chapters. Several indices have been included in the collection, so it would be more convenient to use the collection, and using these indices, it is possible to find necessary ruling or examine the problematic question of administrative procedure: the index of institutions, the index of legal acts, the index of theses, the index of rulings and other sources, references to which have been given in rulings published, and two indices of definitions, with separate indicating of definitions, interpreted by the court.

The most voluminous chapters of the collection this time have been devoted to competence of claim or case for review in administrative procedure and to others administrative procedural questions. Also the great number of rulings still exists for cases about resolutions or actual operations of State Revenue Service. In its turn, rulings in cases about resolutions of Government Agency of Social Insurance and Board of Competition this time have not been summarized in separate chapters, but included in general chapter together with other institutions.

In year 2008, the Senate changed its practice in several questions and receded from earlier conclusions. The Chair of the Department of Administrative Cases of the Senate Veronika Krumina stresses that the most significant change of the case-law took place in the question of appellation of resolutions of execution of the State Revenue Service. Before that, the Senate admitted that it was necessary to check resolutions of executions of SRS by the same criteria as administrative deeds. Having changed the case-law, the Senate admitted that it is necessary to review them as resolutions of execution of administrative deed.

In rulings there have also been reflected such questions in the field of law, which the Senate hadn’t reviewed before. In the context of observation of human rights of the individual the most significant ruling of the Senate in 2008 was the sentence about change of sex of the person. Furthermore, this sentence is a new one, as this was the first such case in the entire history of Latvian courts.

In the separate chapter there have been published rulings that have been accepted by the Department of Administrative Cases as by the court of the first instance. In year 2008 there were two such cases, inter alia, for the first time the Senate reviewed the case about expulsion of the citizen of European Union and prohibition of entry to the Republic of Latvia.

In year 2008, in comparison with previous years, the Department of Administrative Cases of the Senate expressed several essential conclusions exactly in cases about administrative infringements. Starting from 2009, it will not be possible to appeal rulings, accepted in such cases, in the Senate, so this collection of rulings will be especially useful for courts, that will review cases on administrative infringements in the future.

While analysing the structure of cases that arrive for proceedings of the Department of Administrative Cases of the Senate, Veronika Krumina projects that in the colection of rulings of year 2009 the great place will be taken by rulings in cases of privatization and contracts of publicē law.

In processing of the collection of rulings of year 2008 the Chair of the Department of Administrative Cases Veronika Krumina and assistant of the senator Kristine Aperane participated.

The collection has been published by the Court House Agency. The edition is not big. The price in places of trade of the Court House Agency makes 26 Ls.


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