25 November, 2014
The Council for the Judiciary approved guidelines, how transfer of a case received for proceedings to other court must be organised to ensure faster review of the case.
To equalize load of courts, such procedure is envisaged in Section 321 of the Civil Procedure Law until the end of reform of so called clear court instances. The Council for the Judiciary had previously pointed out that unified procedure should be established how to apply legal provision and to organise process, when to transfer cases, review of which on merits has not been commenced yet, to courts of the same or another court region.
It has been stressed in guidelines that decrease and equalization of load of courts cannot be independent argument to transfer the concrete case to other court; the decision on transfer of a case to be reviewed in other court must be reasoned with objective considerations that it will be possible to review respective case in other court much faster.
Guidelines approved by the Council for the Judiciary establish procedure, which cases may be suggested for transfer to review to other court, how to choose court, to which the case is to be transferred, and cooperation among courts.
The Ministry of Justice has prepared project of guidelines in cooperation with courts, having listened to opinions provided by them.
Decision was adopted by the Council for the Judiciary in the sitting of 24 November. See information on all issues reviewed in the sitting 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