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/212199

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) the following amendments: 1. Express article 32 the third subparagraph by the following: "(3) the total number of judges of district (City) courts as well as the district administrative court determines the Saeima following a proposal of the Council of Justice. The number of judges in each court of Justice established by the Council on a proposal of the Minister of Justice. "
2. Article 33: make the second paragraph as follows: "(2) the district (City) Court Chairman for five years, appointed by the Minister of Justice, in coordination with the Council of Justice. The Minister of Justice, in coordination with the Council of Justice, the Court may exempt the President from Office before the deadline after his own election or if the President of the Court in the performance of their duties committed serious violations or failure to ensure the quality of the judicial control of administrative work. ";
Supplement third part with point 7 by the following: ' 7) organizes the annual evaluation of staff of the Court. "
3. Supplement article 33.1 of part 1.1 in the following wording: "(11) District (City) Court that has more than ten judges, the President of the Court may be."
4. Express article 39, second subparagraph by the following: "(2) the total number of judges of the district courts, as well as the administrative district court determined by the Parliament of the proposal of the Council of Justice. The number of judges in each court of Justice established by the Council on a proposal of the Minister of Justice. "
5. Article 40: make the second paragraph as follows: "(2) the President of the District Court for a period of five years shall be appointed by the Minister of Justice, in coordination with the Council of Justice. The Minister of Justice, in coordination with the Council of Justice, the President of the District Court can be released from the post before the deadline after his own election or if the President of the District Court in the performance of their duties, committed serious violations or failure to ensure the quality of the judicial control of administrative work. ";
adding to the third paragraph after the word "third" with the words "and the fourth".
6. Express article 41 the following: "article 41. Deputy Chairman of the District Court (1) the President of the District Court, while the Deputy Executive Chairman of the Board. Deputy Chairman of the District Court at the same time can also be a District Court House.
(2) the Vice-Chairperson of the District Court shall be appointed and relieved of his post of this law article 40, second paragraph. "
7. Turn off 25.5 in the third subparagraph, the words "or the President of the College of Justice".
8. Replace the second paragraph of article 42, the words "may be" with the word "is".
9. Article 44: make the first paragraph by the following: "(1) the total number of judges of the Supreme Court shall be determined by the Council of Justice, the Parliament proposal. The total number of judges in the Senate and the Chamber of the Court of Justice shall be laid down by the Council of the President of the Supreme Court. ";
to turn off the second paragraph, the words "the Senate and the Court approved and composition".
10. Express article 47 of the fourth subparagraph by the following: "(4) the Senate is composed of three departments: the Department of Civil, criminal and Administrative Affairs Department Department."
11. To supplement the law with article 48.1 the following: "29.9 article. The decision of the disciplinary court judges disciplinary Collegium of justice evaluation of the Supreme Court Senate Proceedings are convened. The composition of the disciplinary court and the rules of procedure of the disciplinary responsibility of judges is determined by law. "
12. Supplement article 49 to the seventh and eighth by the following: "(7) the full Court shall elect one member of the Council of Justice of Supreme Court judges.
(8) the full Court for a period of five years shall elect six members of the disciplinary court and approved from their disciplinary court President. "
13. Add to article 50, third subparagraph following the words "Chief Justice" with the words "in coordination with the Council of Justice".
14. Add to article 54 with the fourth paragraph as follows: "(4) a judge of the Supreme Court for eligible person who has reached the age of 40."
15. Supplement article 60, the first paragraph with the sentence the following wording: "on the basis of the parliamentary decision on the appointment of judges of district (City) Court judge, Justice Council shall determine the specific district (municipal) Court or courthouse where judges performed the duties."
16. Supplement article 61 with the following sentence: "on the basis of the parliamentary decision on the approval of a judge of the District Court judges, the Justice Council shall determine the specific district or courthouse where judges performed the duties."
17. Article 63: make the second paragraph as follows: "(2) the Council of Justice, receive a positive opinion of the qualifications of judges, can extend the district (City) courts, regional courts and the Supreme Court judge being in position for a period of up to two years.";
turn off third and fourth.
18. Article 66 of the expression by the following: ' article 66. The Honorable judge's name after the Saeima a proposal of the Council of Justice may grant the title of honorary judges judge, who worked in good faith and ended the activities of judges. "
19. Make the fourth article 71 part as follows: "(4) the use of the sign and the agenda approved by the Council of Justice."
20. Make the following article 72: "the article 72. Judge's license shall be issued a certificate of appointment of the judge who approved the model Justice Council. "
21. Put the title of Chapter 11 the following: "chapter 11 a judge's removal and replacement procedures".
22. To supplement the law with article 73.1 of the following: ' article 73.1. The judge's removal to the vacant post of judges (1) the Judicial Council after a proposal of the Minister of Justice, on the basis of a positive opinion of the qualifications of the judges, shall decide on the judge's removal in another court of the same level or Court House, or land registry Department. The qualifications the College of judges before issuing its opinion, the judge's examination shall be adopted, where: 1) the land registry Department judges the judge applied a post vacancy in district (municipal) Court or the district administrative court;
2) District (City) Court judge made to the judges in the land registry office or the vacancy the district administrative court;
3) administrative district court judge made to the judges in the land registry office or the vacancy in district (municipal) courts;
District Court judge 4) logged on to the judges of the administrative district court vacancy;
5 regional administrative court judge) logged in to post a vacancy in another district court.
(2) the Parliament after a proposal of the Council of Justice, on the basis of a positive opinion of the qualifications of the judges, shall decide on the transfer of judges to work at a higher level court. The qualifications the College of judges before issuing its opinion, the judge's examination shall be adopted, where: 1) the land registry Department judges the judge applied the post vacancy in District Court;
2) District (City) Court judge made to the judges of the administrative district court vacancy;
3) administrative district court judge applied for a vacancy the District Court judges.
(3) the Minister of Justice did not make the judge's nomination to the transfer of the post, if the qualifications of judges, the College has not given a favourable opinion. If the post vacancy claim several of the candidates who have received a positive opinion of the qualifications of judges, the Minister of Justice is moving all these candidates and the Justice Council shall decide on the best candidate. The Justice Council decision may not be appealed. "
23. Article 75 of the expression as follows: "article 75. District (municipal) Court judge substitution (1) judge or the judge's temporary vacancies in the event of absence of the Justice Council, on a proposal of the Minister of Justice may, at the time not longer than two years, ask to meet district (City) Court judge in another district (City) Court judge, the Honorable judge or district judge, if he gave his written consent.
(2) the judge or the judge's temporary vacancies in the event of absence of the Justice Council, on a proposal of the Minister of Justice and Judge of the qualifications of the positive opinion of the College may, not more than two years, ask to meet district (City) Court judge of land registry Department judge, if he gave his written consent. Before naming judges qualifications, the College shall adopt the judge's qualification exam. "
24. Article 77: replace the first paragraph, the words "Minister of Justice" with the words "Justice Council after a proposal of the Minister of Justice";
replace the second paragraph, the words "the Minister of justice by the judge of the qualifications of a positive opinion of the" with the words "Justice Council after a proposal of the Minister of Justice and Judge of the qualifications of the positive opinion of the College".
25. Article 79: Express 1.1 part as follows:

"(11) the Supreme Court Senate Administrative Affairs Department judge vacancy or temporary absence, the Council of Justice at the Supreme Court, the President's proposal and positive qualification of judges may, having received the opinion of the College for a period not longer than two years, ask to replace the administrative district judge when he gave written consent."
make the second paragraph as follows: "(2) a judge of the Court vacancy or temporary absence, the Council of Justice at the Supreme Court, the President's proposal and positive qualification of judges may, having received the opinion of the College for a period not longer than two years — to ask the Supreme Court to replace the Honorable judge or district judge, if he gave his written consent."
26. To supplement the law with 13.1 the Department by the following: "13.1 Chapter Council of Justice article 89.1. The Justice Council, the Justice Council is a collegial institution that participates in the judicial system in the development of policies and strategies, as well as the work of the judicial system in the evolution of the organization.
Article 89.2. The Justice Council (1) the Judicial Council shall consist of the following permanent members (officers): 1) the Chief Justice;
2 the President of the Constitutional Court);
3) Minister of Justice;
4) Parliamentary Legal Commission Chairman;
5) the Attorney General;
6) the Latvian Council of sworn advocates, the President of the Council;
7) Latvian sworn notary Council Chairman;
8) the Latvian Council of sworn bailiffs ' Council President.
(2) the Judicial Council shall consist of the following elected members: 1) the full Court of the Supreme Court elected judge;
2) six conferences of judges elected by the judges.
(3) the Conference of judges justice one of the Council members shall be elected from the land registry Department judges, three from the district (municipal) courts, regional courts, the judges of the two.
(4) the Judicial Council in an advisory capacity can participate in Ombudsman and the Director of the administration of Justice or the authorized representative of that person, the Latvian Academy of Sciences law approved by experts delegated representative, as well as representatives of associations of judges.
(5) in the first paragraph, the permanent member (the officer) for membership of the Council of Justice may authorize another person.
89.3 article. Justice the mandate of the members of the Council (1) the elected members of the Council of Justice's term of Office is four years. The Justice Council Member may be re-elected, but not more than two times in a row.
(2) If the elected member of the Council of justice the power to terminate for any reason before expiration of the term, the near the Conference of judges shall elect another Member to the Council of Justice in the first paragraph of their powers.
89.4 article. Limit elected members of the Council of Justice, the elected members of the Council of Justice is incompatible with the status of the judges ' disciplinary Collegium members, the members of the disciplinary court, the judge of the qualifications of a member or members of the judges ethics duties.
89.5 article. Dismissal of the members of the Council of Justice and reset (1) an elected member of the Council of justice the Justice Council censure of a member of the Council of Justice duties, if the Minister of Justice or the President of the Supreme Court in accordance with article 84 of this law, the judge cut from judges duties.
(2) If the Judicial Council believes that there are circumstances that may give rise to justifiable doubts as to his impartiality in the matter, a question he himself away from participation in the decision making.
(3) when deciding the question of the Justice Council initiation of the application submission to the Constitutional Court, the President of the Constitutional Court decision of this question do not participate.
55.7 article. The members of the Council of Justice, the term of Office (1) the elected members of the Council of justice the power to terminate if: 1) terminate his judicial term of Office of the members of the Council;
2) terminate his judge's powers;
3) he refuses from the members of the Council of Justice of duties of notifying in writing the President of the Council of Justice.
(2) the permanent members of the Council of Justice (the officials) powers cease, when his executive powers.
(3) if the judge elected in the Justice Council is transferred to the Court, the level of his judicial powers of Council members remains the nearest to the Conference, in which the judges be elected by other courts representative.
55.7 article. The President of the Council of Justice (1), the Chief Justice is the President of the Council of Justice.
(2) the President of the Council of Justice: 1) directs the work of the Council of Justice;
2) convened by the Council of Justice and determine their agenda;
3) represents the Justice Council and the signature of the Justice Council decisions and other documents.
89.8 article. Deputy Chairman of the Council of Justice (1) the Judicial Council shall elect the Deputy Chairman of the Council of Justice of judges represented.
(2) the Deputy Chairman of the Council of Justice shall perform the duties of the President of the Council of Justice, it gone, as well as perform other tasks determined by the President of the Council of Justice.
55.9 article.    The convening of meetings of the Council of Justice and decision making (1) the Judicial Council shall be convened and chaired by its Chairperson.
(2) the President shall convene a meeting of the Council of Justice on their own initiative or at the request of not less than one-third of the members of the Council of Justice.
(3) the Judicial Council meeting date and agenda of the Council shall be published not later than three working days before the meeting.
(4) the Justice Council is entitled to make decisions if they are sitting on at least two-thirds of the members of the Council of Justice.
(5) the Justice Council, decisions shall be taken by vote. Votes by a casting is the President of the Council of Justice.
(6) the Judicial Council meetings are open to the public, if the Judicial Council decides otherwise.
(7) in its action for the Council of Justice to develop and approve the rules of procedure.
89.10 article. The work of the Council of Justice, the work of the Council of Justice shall ensure the administration of the Supreme Court.
89.11 article. The functions of the Council of Justice (1), the Council of Justice provides views of the Court and the Court House steps and their location, as well as on the Court, and the land registry department budget request.
(2) After the appointment of the judge or Justice of the confirmation of the Council represents a particular court, Court House or land registry Department, which performed the obligation of the judge, as well as decide on the removal of the judge in another work of the same court.
(3) the Council of Justice of Constitutional Court judges heard candidate for Parliament and views about them.
(4) the Council of Justice of the Supreme Court are heard by the President-designate and provide for the full Court of the Supreme Court opinion on them.
(5) the Judicial Council shall approve the Statute of the Conference of judges, as well as to convene a Conference of Judges in determining the results.
(6) the Judicial Council shall approve the principles of specialisation of the judges and the procedure for the determination of the load indicator as well as developing guidelines in other courts and land registry departments work flow.
(7) the Court of justice the Council heard the Administration's annual report on the results of the work.
(8) the Council of Justice, the Constitutional Court in cases stipulated by law and order may submit the application for the initiation of the Constitutional Court.
(9) the Council of Justice shall determine the order in which the judges in the cases specified in this law in the examination of the round.
(10) the Council of Justice of other functions set out in this law. "
27. in article 91.2: adding to paragraph 1 after the words "the judges disciplinary Collegium" with the words "or" disciplinary court;
Add to article paragraph 6 by the following: "6) decide on the initiation of disciplinary proceedings."
28. Supplement article 91.3 fifth paragraph after the words "the judges disciplinary Collegium members" with the words "the members of the disciplinary court, the judge of the qualifications of the members or the members of the Council of Justice".
29. Article 92: make the first paragraph by the following: "(1) the Conference of judges is a self-governing body of judges who work with vote participates in the High Court judges, District Court judges, district (City) courts and land registry Department judges.";
to complement the second part with a 3.1 point as follows: "31) vote by secret ballot shall elect the members of the Council of Justice for four years;".
30. in article 93: Supplement to article 2.1 part as follows: "(21) judges members of the College of qualification status is compatible with the members of the Council of Justice, the judges disciplinary Collegium members, or members of the Judges Disciplinary Court of the Ethics Commission of duties of the members. ';
off in the third paragraph, the words "the Latvian Police Academy Rector".
31. the express 94. the second subparagraph by the following:

"(2) the qualifications of the judges, on the basis of the application for transfer of a judge in another court or to the Court House and the documents attached to the application, assess a judge's professional activity and, if necessary, also the judges training judges for the post vacant, as well as in the cases specified in this Act shall deliver an opinion on the district (City) courts, regional courts or the Supreme Court judge's nomination."
32. Replace article 98.1 in the second paragraph, the words "administration of Justice" with the words "Ministry of Justice".
33. in article 98.2: Supplement to article 1.1 and 1.2 in part as follows: "(11) on the basis of the parliamentary decision on the appointment of judges in the land registry Department judges, Justice Council shall determine the specific land registry office, which performed the duties of a judge.
(12) the total number of land registry Department Judges set by Parliament of the proposal of the Council of Justice. The number of judges in each land registry Department shall be determined by the Council of justice the Justice Minister's proposal. "
make the second paragraph as follows: "(2) the Chief of the land and, if necessary, his Deputy of five years shall be appointed by the Minister of Justice, in coordination with the Council of Justice. The Minister of Justice, in coordination with the Council of Justice, may exempt the land registry Department Chief and his Deputy of the Office before the deadline after their own elections or if that person posts the duties committed serious violations or failure to provide good quality land registry Department of administrative management. "
34. To replace the words "in article 105.1 in determining the salary, which does not exceed the salary of the judges of the Court" with the words "in determining wages in accordance with the laws".
35. Article 107: in the second subparagraph of paragraph 3, to replace the word "monitor" with the words "carried out";
supplemented with paragraph 5 by the following: "5) inspection district (City) courts, regional courts and land registry departments."
36. Add to 107.1, with the second paragraph of article 22 the following: "22) annually providing a report to the Council of Justice about his work."
37. off 108 paragraph 1 of the words "district (City) courts, regional courts and land registry departments."
38. Supplement article 117 with the fourth, fifth and sixth the following: "(4) the land registry office, district (City) courts and regional courts in the budget request projects prepare and submit to the administration of Justice to the Ministry of Justice. The Justice Department's budget request summary shall be submitted to the Council of Justice point of view. The Ministry of Justice after the Justice Council of receipt of the opinion of the Department, the land registry district (City) courts and regional courts budget requests, adding the Council of Justice, submitted to the Ministry of finance.
(5) the Supreme Court budget request submitted to the Supreme Court of Justice the Council's perspective. The Supreme Court's budget request, adding the Council of Justice, the Supreme Court shall submit to the Ministry of finance.
(6) the Judicial Council the different views on the budget request submitted does not suspend its submission to the Ministry of finance. "
39. in article 119.2: turn off the title, the words "the Chairman";
off in the third paragraph, the words "and the President of the College."
40. the transitional provisions be supplemented with 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37 as follows: "25. Within three months after the entry into force of this law, which provides for the Justice chapter 13.1 on the establishment of the Council, Minister of Justice and Supreme Court judges the President shall convene a Conference for the election of the members of the Council of Justice.
26. the President of the Supreme Court within one month after the entry into force of this law and article 13.1 section 48.1 that provides for disciplinary court of Justice, the Council shall convene the plenary proceedings in the Supreme Court of Justice of the Council of members and election of members, as well as the Chairman of the disciplinary court for approval.
27. The first meeting of the Council of Justice, the Chairman shall convene not later than one month after all the election of the members of the Council of Justice.
28. the Council of Justice six months getting to the first meeting of the Conference of judges approved rules. To apply for approval of this Charter, the 1997 April 18 judges Conference adopted the Statute of the Conference of Judges.
29. The Justice Council application for the initiation of the Constitutional Court may be lodged after the entry into force of the relevant amendments to the law on the Constitutional Court.
30. This Act of Justice provided for in article 73.1 Council powers to decide on the removal of the judge to apply also to the judges, who are appointed or approved judges without the constraints of the mandate up to this law, in article 73.1 entry into force.
31. the work of the Proceedings initiated after the entry into force of the amendments concerned to the disciplinary liability of judges in the law.
32. From 1 august 2010 to 2012 1 January to the regional administrative court judges eligible administrative judge of the District Court, which is at least four years length of service in the judge's Office.
33. Article 54 of this law the requirements of the fourth part does not apply to the person who approved a superior court judge to the entry into force of this part of the day.
34. the amended article 63 of this law, which changes the district (City) courts, regional courts and the Supreme Court judge's finding in the conditions and arrangements for renewal, does not apply to the person who shall judge the extended to the entry into force of the amendments.
35. the President of the District Court, which appointed post until the entry into force of this law and article 42 41 amendments that change the appointment of the President of the district court order, continue to perform their duties, to be appointed Deputy Chairman of the District Court of this Act article 41, second paragraph.
36. the district (City) courts and regional courts, which the Vice-Chairpersons are appointed post until the entry into force of this law, and the amendment to article 41 33.1, which changes the district (City) courts and regional courts, the appointment of the Deputy Chairman, continues to hold office until the expiration of the term.
37. Article 50 of this law, the third part of the amendment which provides for the participation of the Council of Justice, the Office of the Attorney General nomination, shall enter into force simultaneously with the amendments to the law on the public prosecutor's Office. "
The law shall enter into force on 1 august 2010.
The Parliament adopted the law of 3 June 2010.
President Valdis Zatlers in Riga V 2010 June 22.