The Council for the Judiciary supported amendments prepared by the Saeima (parliament) to the Law on Judicial Power and the Judicial Disciplinary Liability Law, which concern the waiving of administrative immunity of judges and dismissal of judges in case of disciplinary proceedings initiated regarding conduct of a judge that is incompatible with the status of a judge.

The Council for the Judiciary agrees that a judge may be subject to an administrative penalty, may be held in administrative custody and may be subject to forced conveyance. The Council for the Judiciary also agrees that the administrative penalty does not mean that ethicalness of judge’s conduct shall not be examined under disciplinary procedures.

However, the Council for the Judiciary does not support extending the limitation period for disciplinary penalty from two to four years following the date in which disciplinary or administrative offense is committed.

The Council for the Judiciary also points out that the amendments to the law abolishing the administrative immunity of judges should enter into force at the same time as the Administrative Liability Law becomes effective, when there will no longer be such sanction as administrative arrest.

The issue was addressed by the Council for the Judiciary at the meeting on 25 November 2019.

 

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

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