The Judicial Council has approved a new procedure for the selection, internship, and qualification examination of Supreme Court judges, or senators. Compared to the previous procedure, the new one is more detailed and focuses more on assessing practical abilities of candidates. The most significant changes pertain to the qualification exam, essay preparation, psychological assessment, evaluation of judicial candidates’ prior performance, as well as a more precisely defined voting procedure at the general meeting of the departmental senators.

Until now, candidates for the position of senator were evaluated based on their professional qualifications and the knowledge required for the position. The new procedure specifies that the skills required for the position will also be evaluated.

Along with the required documents, candidates must submit three legal documents they have prepared themselves. The new procedure specifies that these documents must be current – they must have been personally prepared by the candidate no earlier than three years prior to the start of the competition. Candidates who have not previously served as judges and who have not prepared legal documents may submit three scholarly publications or papers.

If a candidate is already a judge in a lower court, the new procedure requires that the Court Administration provides the judge’s performance statistics for the past five years, as well as the most recent opinion of the Judicial Qualification Committee regarding the judge’s professional performance.

The section on the qualification examination has been substantially revised. Under the previous procedure, the qualification examination was described in more general terms. Under the revised procedure, the examination provides a comprehensive assessment of candidates' professional knowledge and skills in the following areas: specialization in the relevant branch of law, the application of legal norms, European Union law, and human rights. The examination consists of two components: a specialization test comprising two questions on substantive and procedural law, and the resolution of a legal case.

The procedure for preparing the essay has also been revised. Under the previous procedure, candidates were required to write an essay on a topic determined by the chair of the relevant Senate department. Under the revised procedure, candidates are provided with an appellate court judgment and a cassation complaint. They are required to identify and formulate the legal issue arising from these materials and prepare an essay addressing its resolution.

The psychological assessment procedure has been updated. Under the new procedure, the assessment is conducted in accordance with personality criteria established by the President of the Supreme Court and must be completed after the candidate has passed the qualification examination. For candidates who apply for the position of senator for a second time, the psychological assessment remains valid for three years.

The new procedure stipulates that a psychological assessment is not conducted for a judge participating in a competition for a temporary replacement of a senator.

In accordance with the law “On Judicial Power,” the following persons may be eligible for the position of Supreme Court judge: 1) a person who has served as a judge of the Constitutional Court, a judge of an international court, or a judge of a supranational court, and who has received a positive opinion from the General Assembly of Judges of the Supreme Court Department; 2) a district (city) court judge or a regional court judge who has at least 10 years of total service as a judge and who has received a positive opinion from the General Assembly of Judges of the Supreme Court Department; 3) a person with at least 15 years of total professional experience as a member of academic staff in a higher education institution specializing in law, as a sworn advocate, or as a prosecutor, who has passed a qualification examination and received a positive opinion from the General Assembly of Judges of the Supreme Court Department. The law provides that the Judicial Council shall establish the procedure for the selection of candidates for the position of Supreme Court judge, their internship, and the administration of the qualification examination.

 

Information prepared by

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

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