In order to prevent the development of contradictory case law, the Department of Civil Cases will consider “pilot cases” as a matter of priority
6 January, 2021
This year, cases where a legal issue is to be resolved the final settlement of which is necessary for the examination of several cases in lower courts will be considered as a matter or priority.
Normunds Salenieks, the Chair of the Department of Civil Cases, justifies his special attention to this aspect with the need to timely prevent the formation of contradictory case law.
“The problem of the court of cassation is its slow response to changes in the law and the late development of relevant case law. Namely, it takes some time for a case to reach the Senate. This is especially problematic when uniform cases enter the courts in large amount. By cooperating with lower courts, such uniform cases should be identified and reviewed as a matter of priority, thus preventing the formation of contradictory case law and allowing to predict the outcome in analogous cases as well,” as pointed out by the Chair of the Department.
The distribution of cases in the Department takes place according to the order of their entry. However, the procedure for the distribution of cases approved by the Chief Justice of the Supreme Court provides for categories of cases that have priority regarding their examination. These are labour disputes such as claims for reinstatement, invalidation of the employer's notice, recovery of wages, as well as disputes related to the protection of children's rights. Priority has also been set for cases where protests are submitted in accordance with Section 483 of the Civil Procedure Law and for cases regarding the recognition of decisions of the meeting of participants (shareholders) of capital companies as invalid. Priority may also be given to cases where proceedings take a long time and where there are other valid reasons for expediting them, as well as to cases on points of law, the speedy resolution of which is essential for the development of case law.
Similar principles and tools to expedite the examination of cases and the development of uniform case law are also included in the procedure for distribution of cases of Department of Criminal Cases and the Department of Administrative Cases.
See the plans of distribution of cases of Senate’s Departments here
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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