The Amendments To The Law On The Constitutional Court

Original Language Title: Grozījumi Satversmes tiesas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/203013

The Saeima has adopted and the President promulgated the following laws: the law on the Constitutional Court to make the law (the Constitutional Court of the Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1996, nr. 14; 1997, no. 20; 2001; 2003, 2, no, 15; 2004, nr. 4. no; 2008, 8 No, no 2, 2009; Latvian journal, 2009, 194. No.) the following amendments: 1. in article 4: make the second paragraph as follows: "(2) a judge of the Constitutional Court may approve persons: 1) which is a citizen of the Republic of Latvia;
2) which has an impeccable reputation;
3) that on the day when the proposal was submitted to the Bureau of the Parliament on the approval of a judge of the Constitutional Court, has reached 40 years of age;
4) which has gained the highest professional or academic education (except for the first level of vocational education), and also a Masters in science (including higher legal education rights, comparable to a master's degree) or a doctoral degree;
5) with at least 10 years of seniority in the legal sector or scientific pedagogical work justice specialty scientific institution or higher education institution by the higher professional or academic training (except the first level professional education) law. ";
Add to article 2.1 part as follows: "(21) of the Constitutional Court judge may not approve the person may not be a candidate for judge in accordance with the law" on judiciary "55."
2. Supplement article 7, first subparagraph, the words "with the exception of article 11 of this law in the third and fourth part as provided in".
3. To supplement the law with article 19.3 of the following: ' article 19.3. Application deadline in certain cases (1) the application for the initiation of the case law on specific real property expropriation for public purposes the Constitutional Court may be submitted within six months after the date of entry into force of the law.
(2) an application for proceedings relating to local government planning (detailed), the Constitutional Court may be submitted within six months after the relevant binding regulations into force.
(3) the first and second subparagraphs shall not apply where the application is submitted to this law, in accordance with the procedure laid down in article 19.1. "
4. Article 20: make the first paragraph by the following: "(1) the application shall be considered and the initiation or prosecution shall decide a College of three judges, with the exception of article 7.1 of the cases set out in part."
off the seventh paragraph, the word "College";
to supplement the article with the 7.1 part as follows: "If the College (71) decide on the refusal to prosecute and judge, Member of the College — vote against such a decision of the College, and he also has motivated objections, the examination of the application and the decision shall be referred to the full Court for the trial of the action.";
to make an eighth of the following: "(8) the decision initiating proceedings or on the refusal to prosecute is not appealable.";
replace the ninth subparagraph in paragraph 3, the words "of one month" with the words "two months".
5. Replace article 22, seventh paragraph, first sentence, the word "three" with the word "five".
6. Supplement article 23 with 2.1 part as follows: "(21) if the constitutional complaint is presented jointly by more than five persons, these persons should be considered as one of procedural person. Procedural actions can be done with only one authorized representative. The first one that signed the application, be considered as authorised representative, if the application or the accompanying mandate this person agree otherwise. "
7. Express article 32 second subparagraph by the following: "(2) the Constitutional Court judgment and it provides the interpretation of rules of law is mandatory for all State and local government bodies (including the courts) and officials, as well as natural and legal persons".
8. Express article 33, the first paragraph by the following: "(1) the Constitutional Court judgment no later than five days after its adoption published newspaper" journal ", as well as according to the rules of procedure of the Constitutional Court sent or issued by the parties. If the judges are added to the individual thoughts, they published the newspaper "Latvian journal" not later than two months after the Constitutional Court's judgment. "
9. Article 40: make the first paragraph by the following: "(1) the President of the Constitutional Court budget determines the internal structure of the Constitutional Court, officials and employees of the post list, as well as officials that provides judicial administrative work (management, personnel management, financial management, logistical support URu.tml.) and be responsible for it. ";
Add to the second part of the sentence the following wording: "the Constitutional Court Assistant judge shall be recruited on a Constitutional Court judge's term of Office, but the President of the Constitutional Court and Assistant to the constitutional term of Office of the President of the Court."
10. transitional provisions supplementing with 8, 9 and 10 in paragraph by the following: ' 8. This law, article 4 of the second paragraph of the new Act, which lays down the requirements for the person who lays claim to the Constitutional Court judges, does not apply to the person who approved of the Constitutional Court judge until the date of entry into force of the requirements.
9. This law, article 19.3 does not apply to applications submitted to the Constitutional Court to the entry into force of this article. With regard to this law referred to in article 19.3 regulations, which entered into force before the entry into force of the said article, the initiation of an application may be submitted within six months from the date of its entry into force.
10. the provisions of this law, which provides that the case produced five months and the deadline for response is at least two months, does not apply to things that are proposed to the date of entry into force of the rules. "
The law shall enter into force on January 1, 2010.
The Parliament adopted the law in 2009 December 10.
President Valdis Zatlers in Riga V 2009 December 30