Amendments To The Law "on Judiciary"

Original Language Title: Grozījumi likumā "Par tiesu varu"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/232257

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on judicial power" to make the law "on judicial power" (the Republic of Latvia Supreme Council and Government Informant, 1993, no 1; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 1, 13; in 1995, 10, 22 No.; 1996, nr. 3, 13; 1997, 5, no. 21; in 1998, nr. 22, 23; 1999, no. 23; 2001, 24 no; 2002, no. 23; 2003, no. 14; 2004, no. 2; 2005, 8, 20 no; in 2006, 7, 24 no; 2007, nr. 24; 2008, 10, 24 no; 2009, 2., no. 12, 14; Latvian journal, 2009, no. 199; 2010, no. 99, 206) the following amendments: 1. Supplement article 28.1 of the third paragraph as follows: "(3) the distribution of the cases take into account the judge's workload, the performance of the duties the judges ' self-governing institutions."
2. Replace article 33 paragraph 3, third paragraph, the words "the opinions of judge qualification College" with the words "give feedback" the College of Judges.
3. Supplement article 41 with 1.1 part as follows: "(11) where the District Court has more than fifty judges, the President of the District Court can be a Deputy, who simultaneously fulfil the duties of the President of the Court."
4. in article 29.9: Supplement to the second part of the article as follows: "(2) the disciplinary court in accordance with the procedure laid down in this law, examine the evaluation of the professional activities of judges in the judges ' qualification board, the negative opinion of the rule of law.";
believe the current text of the first part of the article.
5. Supplement article 51 by the third subparagraph by the following: "(3) judges the selection of candidates takes place in open for candidates. Tender regulation by the Minister of Justice and the President of the Supreme Court of Justice approved the proposal of the Council. "
6. the first subparagraph of article 52: make paragraph 4 by the following: "4) obtained the highest professional or academic education (except for the first level professional education) and legal qualifications, as well as a master's or doctoral degrees;"
turn off paragraph 5, the words "State recognized second-level diplomas of higher education and the law".
7. in article 53: make the first paragraph by the following: "(1) a judge of the District Court may qualify the district (municipal) Court or land registry Department of a judge who has at least six years ' total length of service of the judges and who the judge's professional activity in evaluating extraordinary received a positive opinion of the qualifications of the judges."
Add to article 1.1 part as follows: "(11) To the post of judge of the District Court may apply for the post without term limits approved in the district (municipal) Court or land registry Department of the judge, who has a master's or doctoral degree and who the judge's professional activity in evaluating extraordinary received a positive opinion of the qualifications of the judges."
to supplement the article with the third part as follows: "(3) a judge of the District Court for eligible persons who have been judges of the Constitutional Court, International Court judges or justices of transnational."
8. in article 54: make the first paragraph by the following: "(1) a judge of the Supreme Court for eligible district (City) Court judge or a judge of the District Court, which is at least 10 years of total length of service of the judges and who the judge's professional activity in the evaluation received extraordinary positive qualification board of judges opinion.";
Add to article 1.1 part as follows: "(11) to the position of judge of the Supreme Court for eligible post without term limits approved in the district (City) Court judge or a judge of the District Court who has a master's or doctoral degree and who the judge's professional activity in evaluating extraordinary received a positive opinion of the qualifications of the judges."
to make the second and the third part as follows: "(2) to a judge of the Supreme Court for eligible person with not less than 15 years, the total length of service of Justice University specialty academic staff, sworn advocate or Prosecutor, which has passed the qualifying examination.
(3) a judge of the Supreme Court for eligible persons who have been judges of the Constitutional Court, International Court judges or justices of transnational. "
9. Replace article 55 paragraph 5, the words "Russia and other countries" with the word "foreign".
10. Article 60: make the second and the third part as follows: "(2) after three years of service in Office District (City) Court judge after the Saeima a proposal of the Minister of Justice, on the basis of the judge's assessment of the professional activities of Judges ' qualifications the opinion of the Board, approve the post without term limit or appointed again for up to two years. These time limits will not be counted in the time when the judge, for any valid reason, constantly absent in excess of six months. After the expiry of the term of Office of district (City) Court judge after the Saeima a proposal of the Minister of Justice approves the post without term limits.
(3) If the judge's activity is not satisfactory, the Minister of Justice, on the basis of the judge's assessment of the professional activities of Judges ' qualifications the opinion of the Board, the judge's nomination are renewed or no posts for approval. ";
to supplement the article with the fourth paragraph as follows: "(4) if the district (City) Court judge are not targeted for approval, the judge's powers end with the term for which he is appointed."
11. Replace the words "in article 67 of the solemn undertaking of the judge" with the words "judge vows (solemn undertaking)".
12. Article 68: put the name of the article as follows: "the judge vows (solemn undertaking)";
replace the text of the article the words "solemn undertaking" (the fold) with the words "vow (solemn undertaking)" (fold);
replace the first paragraph, the words "solemnly" with the words "I swear (solemnly)."
13. Article 70: put the name of the article as follows: "the judge's oath (formal promise) the naming order;
replace the text of the article the words "solemn undertaking" (the fold) with the words "vow (solemn undertaking)" (fold).
14. Express article 71 of the fourth subparagraph by the following: "(4) the Council confirms the robes of Justice and post samples and the use of the mark."
15. Replace the first subparagraph of article 73.1 second sentence and second sentence of the second paragraph, the words "adopt the judge's qualification exam" with the words "carry out the judge's professional activity to the assessment of" extraordinary. "
16. Replace article 75 the second part of the second sentence, the words "adopt the judge's qualification exam" with the words "carry out the judge's professional activity to the assessment of" extraordinary. "
17. in article 81: make the first paragraph by the following: "(1) this law article 82, first paragraph 1, 2 and 4 in the cases provided for in the district (City) courts and regional courts judge released from the post of the Parliament after the Justice Minister's proposal, a judge of the Supreme Court released from the post of the Parliament after the Chief Justice's proposal, but the President of the Supreme Court shall be released from Office by the Parliament, on a proposal of the Council of Justice.";
Add to article 1.1 part as follows: "(11) of this law article 82, first paragraph, point 3 and 5 cases in district (City) courts, regional courts and the Supreme Court judge released from Office by the Parliament, on a proposal of the Council of Justice."
18. Supplement article 82 in the first part of paragraph 5 with the following: "5) if he repeated the judge's professional activity in the evaluation received negative opinion."
19. Supplement article 89 to fifth the following: "(5) the judge has a duty to constantly replenish your knowledge all the judge's career."
20. in article: 89.11 express the ninth subparagraph by the following: "(9), the Council of Justice shall determine the judges ' professional knowledge test content and agenda, as well as judges approved professional knowledge necessary for examination of the documents.";
turn off 9.1.
21. Replace article 91.4, first paragraph, second sentence, the words "the Conference of judges" justice "Council".
22. Express 15. chapter name as follows: "the Conference of judges. Qualifications of judges College. The evaluation of the professional activities of judges ".
23. off 92. the second paragraph of article 4, the words "and its President".
24. Article 93: replace the first paragraph, the words "whose task is to strengthen professional independence of judges" with the words "which shall carry out the assessment of the professional activities of judges";
to make the second, third, fourth and fifth paragraph by the following:

"(2) the judge of the qualifications of one of the Supreme Court Senate the civil Department or civil court judge, one of the Supreme Court Senate Criminal Department of the Court or the criminal judge, one of the Supreme Court Senate Administrative Department of the judge, one civil District Court judge, one of the College District criminal judge of the College, one of the regional administrative court judge and two district (municipal) courts and land registry departments of one judge. The qualification board of judges, by secret vote, elected by the Conference of judges. Qualifications of judges as a member of the College may nominate and elect a judge whose knowledge and experience to appreciate the justice sector professionals and judges.
(3) the qualification board of judges for the meetings in an advisory capacity to participate in the parliamentary legal Commission Chairman, the Minister of Justice, Attorney General, Chief Justice, or their authorised persons, the Latvian Academy of Sciences law approved by experts delegated representative, as well as representatives of associations of judges.
(4) the judge of the qualifications of the President and his Deputy qualification of the judges shall be elected from among its members the College.
(5) judges ' qualification board are valid if they participate in the hearing not less than seven judges ' qualification board members. "
25. To supplement the law with 93.1 and 93.2 article as follows: "article 93.1. The qualifications of judges of appeal (1) of the opinion of the Judge of the qualifications of the opinion of the judge may be appealed to the disciplinary court.
(2) the disciplinary responsibility of judges into law rules that apply to complaints about judges ' disciplinary Collegium for the preparation and review of the decision, apply also to the complaint about the qualifications of the judges opinion of College preparation and the proceedings in so far as this law provides otherwise.
(3) in considering the complaint about the qualifications of judges, the opinion of the disciplinary court of the College can: 1) leave judges the qualifications the opinion of the College and the complaint is dismissed.
2) cancel the qualification of judges opinion of College and send material for further consideration of the qualifications of the judges in the College.
Article 93.2. Opinion and evaluation materials are available (1) qualifications of the judges opinions and assessment of materials is limited by the availability of information.
(2) the public authorities of the qualifications of the judges opinions and assessment materials are available if they require these institutions to carry out their functions. The information recipient provides these opinions and material protection under the law. "
26. Article 94: turn off third;
Replace in the second sentence of the fourth paragraph, the words "the Conference of judges" justice "Council".
27. To supplement the law with 94.1, 94.2 and 94.3, 94.4, 94.5 article as follows: "article 94.1. The judge's assessment of the professional activities of the frequency (1) the judge's professional activity to promote the evaluation of judge continuous professional development for all of his career, thus improving the work of the Court and judge quality.
(2) the judge's professional activity at a current assessment of the qualifications of judges carried out every five years after the approval of a judge without the mandate of the Office.
(3) the qualification of the judges Association of the professional judges of the current assessment before the district (City) Court judge directing nomination for renewed confirmation of post without power or a time limit.
rule 94.2. The judge's professional activity assessment assessing (1) the professional activities of judges, the judges ' qualification board analyzes the following judge's professional activity and their results: 1) prepared by the ruling body, the legal reasoning contained therein, material and procedural rules, as well as an auxiliary source of law;
2) the judicial process management;
3) Organization of work of the court proceedings;
4) Labor Organization rules and order of the President of the Court of Justice observed in the work of judges;
5) participation in training activities (including the master's or doctoral degree), as well as pedagogical and scientific activities;
6) public (participation in the self-governing bodies of judges, legislative drafting and development of the project, the perspective of the issues of the provision for the Parliament, Constitutional Court and other institutions);
7) statistical data on the work of the judges.
(2) on the basis of the analysis of the professional activities of judges, judges the qualifications the College provides assessment following the judge's professional skills: 1) acquire and analyze information to make valid conclusions;
2) make decisions, evaluating information, and using different approaches for the solution of the problem;
3) explain their views and argue for its correctness;
4) analyze your actions and listen to criticism;
5) compromise the case studies;
6) save the emotional balance in stressful situations.
94.3 article. The judge's professional performance evaluation procedure (1) the district (City) courts, regional courts and land registry departments of the judge's assessment of the professional activities concerned the President of the Court of Justice and the President of the higher court is to provide feedback on the work of the judges, including information about the quality of his judgment, adopted the judicial process of driving quality, professional and academic qualifications and other professional activities.
(2) in the first subparagraph provided feedback on the work of the judges of the Supreme Court gave the President of the Supreme Court.
(3) the courts administration service and submitting a qualification board of judges of the President of the Court and the President of the higher court of the feedback on the district (municipal) courts, regional courts and land registry Department judges work.
(4) the Supreme Court Judges, the Administration collected and submitted to the College of reviewers for the work of the judges of the Supreme Court.
(5) the judge shall provide the judge qualification College of your professional self-assessment.
(6) if the comments received did not provide sufficient information, the qualification of the judges before the College's professional performance evaluation may require that the courts administration service the courts judges and court staff comments on the judge's work, as well as other participants of the process of the survey.
(7) the judge of the qualifications of the Chairperson may ask one of the members of the College, random look at decisions made by the judge and control processes (process recordings).
(8) the professional activities of Judges evaluates the qualifications of judges, with the participation of the judge, whose professional activity is evaluated. If the judge fails to appear at the hearing, without justification, the judge's professional activity can be evaluated, not him.
(9) before sitting the qualification College of judges familiar with the submission of the work of the judges and magistrates of the professional activities of self-assessment. With the relevant material before the judge of the sessions of the qualifications of court administration and the administration of the Supreme Court judge, was presented in a timely manner which professional activities are assessed.
(10) On the judge's professional qualifications, the College of Judges provides a positive or negative opinion.
Article 94.4. The judge's professional activity re-evaluation (1) if the judge in evaluating the professional activities received a negative opinion, the judge's professional activity assessment is made of the qualifications of the judges period, but not later than two years from the previous evaluation by participating in the judge, whose professional activity is evaluated. If the judge fails to appear at the hearing, without justification, the judge's professional activity can be evaluated, not him.
(2) if the judge repeated the judge's professional activity in the evaluation received a negative opinion, they shall be released from Office.
94.5 article. The judge's extraordinary assessment professional activities (1) the professional activities of judges, extraordinary assessment shall be carried out in the cases specified in this law, in deciding on the removal or replacement of the judge.
(2) a judge's professional activity, judges ' evaluation of the exceptional qualifications College checks the judge's professional knowledge.
(3) the qualification board of judges, through the judge's professional activity, in addition to the evaluation of the exceptional professional knowledge examination shall also be carried out the judge's professional activity at a current appraisal, if after the last evaluation more than three years.
(4) the judge's professional activity, judges ' evaluation of the exceptional qualifications College participates in the hearing judge, whose professional activity is evaluated.
(5) a judge of the qualifications of the judge's professional activity, assessment provided extraordinary positive or negative opinion. "
28. Turn off article 98.

29. the transitional provisions be supplemented by 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48 of the following paragraph: "39. Council of Justice to 2012 October 1 shall convene a Conference of judges the judges of election qualifications according to the amendments to this law, article 93, second paragraph, in respect of the qualifications of judges. Up to January 1, 2013 to continue the current qualifications of the judges Panel.
40. The Justice Council until July 1, 2012 to establish this law article 89.11 ninth judges provided for in a professional testing of knowledge content and procedures as well as approve the judge's examination of professional knowledge of the required documents.
41. in the land registry office, district (City) courts, regional courts and the Supreme Court judges ' current assessment of the professional activities of judges ' qualifications, the College for the first time from January 1, 2013 to 2016 January 1. The Council of Justice and the Minister of justice the President of the Supreme Court judges approved the proposal that the list sequentially judges is carried out during the evaluation of the professional activities.
42. the amended article 52 of this law in respect of district (City) Court judge candidate education izvirzāmaj requirements shall enter into force on January 1, 2012.
43. Rule 52 of the first paragraph of article 4 shall also comply with the requirements of the people who got higher legal education, which rights comparable to a master's degree.
44. the amended article 60 of this law, second paragraph, first sentence, and the third subparagraph of the first paragraph of article 73.1 second sentence and second subparagraph, second sentence, article 75 of the second sentence of the second subparagraph of chapter 15 of title relating to the evaluation of the professional activities of judges, shall enter into force on January 1, 2013.
45. Article 82 of this law, the first paragraph of point 5, 94.1, 94.2 and 94.3, 94.4, 94.5 article shall enter into force on January 1, 2013.
46. The amendments to this law, article 93 in the first and in the fifth subparagraph of article 94, the third subparagraph shall enter into force on January 1, 2013.
47. The amendments to this law, article 98 shall enter into force simultaneously with the State and local officials and employees of the institutions of the law on amendments to remuneration, which determines the order in which the judges awarded damages on the evaluation of the professional activities of judges.
48. the amendment of the Act, which in article 89.11 off part of the same article 9.1, shall enter into force simultaneously with the State and local officials and employees of the institutions of the law on amendments to the remuneration to which the transitional provisions are off 8.4 points. "
The Saeima adopted the law on 9 June 2011.
President Valdis Zatlers in Riga V 2011 June 29