Historical decisions of the Plenary Session of the Supreme Court on law enforcement issues are available electronically
20 August, 2020
The Supreme Court has supplemented the electronically accessible repository of historical decisions of the Plenary Session of the Supreme Court containing decisions of the Plenary Session of 1990–2000 on issues of law enforcement.
The decisions of the Plenary Session are a historical testimony to the findings of case law, as they replaced the currently available electronic catalogues of rulings and findings of the Senate. "The decisions of the Plenary Session provide insight into the application of law, at the same time revealing the formation of the Latvian legal system and ensuring the transition from the Soviet legal system to the renewed Latvian legal system," said Anita Zikmane, Head of the Division of Case-law and Research of the Supreme Court.
The decisions have been arranged in an editorial manner, including the amendments made. They are grouped by branches of law and procedures, namely, according to issues of civil law and civil procedure law and issues of criminal law and criminal procedure law.
Additional information: Until December 2, 2002, Section 49, Paragraph two of the Law “On Judicial Power” provided that “the Plenary Session shall adopt explanations binding on courts regarding the application of laws”. It was acknowledged that the decisions of the Plenary Session of the Supreme Court are a universally binding source of law. The Constitutional Court in case No 2002-06-01 “On the Compliance of Section 49, Paragraph two of the Law“ On Judicial Power ”with Articles 1 and 83 of the Satversme (Constitution)” acknowledged that the provision that authorized the Plenary Session of the Supreme Court to issue decisions binding on courts was in conflict with the principle of separation of powers, it restricted the independence of judges (courts), and court rulings adopted by applying the binding explanations of the Plenary Session of the Supreme Court may came into conflict with the principle of justice contained in Article 1 of the Satversme.
Decisions of the Plenary Session on the application of law supplement the repository in which the historical decisions of the Plenary Session of the Supreme Court on conceptual and organizational issues regarding the Latvian court system were already available. Expansion of the availability of historically significant materials is one of the contributions of the Supreme Court to the public this year, when we celebrate the 30th anniversary of the restoration of the Supreme Court of the independent Republic of Latvia and the 25th anniversary of the Senate.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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