The Council for the Judiciary supports the implementation of advocate proceedings in certain categories of civil cases, starting with the first instance court. At the same time the Council for the Judiciary considers that parties to proceedings shall be able to maintain rights to prepare procedural documents and participate in the hearing themselves.

The conception formed by the Ministry of Justice and accepted on 27June by the Council for the Judiciary, provides for the gradual transfer to advocate proceedings and freedom of action for parties. It implies that person (party) itself or through the advocate prepares documentation and is represented at the hearing. The proposed conception provides for implementation of advocate proceedings in certain categories of civil cases and only in complex civil disputes that require specific knowledge. By contrast, the Department of Civil Cases of the Supreme Court draws Council for the Judiciary’s attention that partial implementation of advocate proceedings shall be encouraged in all types of civil cases, with exception of cases that shall be heard in non-contentious proceedings, and cases relating to family law, labor law disputes and minor claims.

In order to ensure that parties to proceedings receive qualified legal aid already at initiation of proceedings, which is essential for a fair hearing, the Council for the Judiciary believes that the partial advocate process should be expected even before the first instance court.

Council for the Judiciary calls for the Ministry of Justice to take into account the views expressed during the council sitting for further discussions of conceptual report progress in the government and the Saeima (Parliament).

The decision of the Council for the Judiciary was adopted in the sitting of June 27. Information on all matters discussed during the sitting see here.

 

Information prepared by

The Communication Division of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211