The Supreme Court Bulletin – public report of the court, case-law classifier and materials of the Judicial Conference
18 April, 2013
In the 6th issue of the Supreme Court Bulletin readers will be able to get acquainted with extended and varied information that may be useful for judges, prosecutors, advocates, developers of court policy, students and other interested persons. The Bulletin is already available in electronic form on the home page of the Supreme Court, and it will be delivered to Latvian courts, other institutions of system of justice, as well as libraries and higher educational institutions in nearest future.
The Bulletin contains not only materials of the Supreme Court, but also those of the Board of Justice – the most topical decisions on conceptual issues of judicial system, as well as materials of the Judicial Conference of the 2nd of November, 2012 – reports and information of institutions of judicial self-government or materials on subjects of the conference prepared particularly for the bulletin.
One part of the conference was dedicated to work of Latvian courts in accordance with the European Convention on Protection of Human Rights and Fundamental Freedoms, and report of Kristine Lice, representative of the Cabinet of Ministers, on interaction between the European Court of Human Rights (ECtHR) and Latvian courts, assessment of the ombudsman Juris Jansons on observation of the European Convention on Human Rights, report of Dr.iur. Arturs Kucs on balancing of freedom of expression and other fundamental rights in case-law of the ECtHR and Latvian courts, report of Anita Kovalevska on uniformity of case-law in context of right to fair trial, as well as review of Dr.iur. Martins Mits on study about use of ECtHR case-law in rulings of the Supreme Court is published in this chapter. Dr.iur Ginta Sniedzite has provided comprehensive report on development of judges’ rights in Latvia.
Problematic issues examined at the conference by branches of law were selected pursuant to topical issues introduced by judges, thus these reports will be useful auxiliary materials in daily work of judges and participants of court cases. In section of civil law, these are subjects on charge, right to communication and sustenance for children (Dr.iur. Ingmara Bergmane), on topical issues of foreign family law (Dr.iur. Irena Kucina), on completion of general stipulations included in the Labour Law (the senator Valerijans Jonikans), on complaints upon property auctions (Gunars Aigars, the Chair of the Chamber of Civil Cases) and on recovery of delay interest and demurrage after termination of loan contract (the senator, Dr.iur.hab. Kalvis Torgans). In section of criminal law, subjects updated were related with topicalities of courts’ work in amendments to the Criminal Procedure Law of the 24th of May, 2012 (Dr.iur. Kristine Strada-Rozenberga), topical issues of examination of cases on administrative misdemeanours (Juris Stukans) and new policy of criminal punishments (Indra Gratkovska). In section of administrative law, the senator Dr.iur Jautrite Briede reported on application of existence, absence or content of concrete public legal relations, as well as provided answers to other questions of judges.
However, in the Bulletin’s chapter “Legal thoughts” discussion developed on regulation of cassation instance in civil proceedings – Aldis Lavins, the senator of the Department of Civil Cases of the Senate analysed it in relation with efficiency of work of the Senate, and Gvido Zemribo, the ex-Chief Justice of the Supreme Court, stressed problems caused to cassation principles in legislation procedure.
Review of Peteris Opincans, the senator of the Department of Criminal Cases of the Senate, about responsibility of legal entities in Latvia, Lithuania and Estonia may also be read in the Bulletin. Jautrite Briede, the senator of the Department of Administrative Cases of the Senate, provides report on aspects of protection of state language in practice of administrative courts, and Liva Skujina, the assistant to the judge - on conclusions of the Senate in cases on public purchases. As always, publications of the senator Kalvis Torgans are exciting; this time these are excerpts from senator’s speech in the event dedicated to the 90th anniversary of the professor Dietrich Andrew Leber.
Continuing tradition of previous years, the Supreme Court has also published its public report on work of the court in previous year. It contains information from reports of Ivars Bickovics, the Chief Justice of the Supreme Court, and Heads of structural units performed at the annual plenary session, as well as statistical data.
The same as previous year, classifiers of the Senate case-law of 2012, prepared by the Case-law Division, are published, which are systematized by categories of cases and legal standards. Novelty, which could be useful for users of the Senate case-law, is indices of legal standards used in rulings of the Senate.
The Supreme Court Bulletin has been prepared and published twice a year. It is delivered to all Latvian courts, also to Latvian National Library and legal faculties of higher educational institutions; the Bulletin is also published on the homepage of the Supreme Court www.at.gov.lv.
You may read the Bulletin’s issue of April, 2013, here.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: firstname.lastname@example.org, telephone: 67020396, 28652211