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The Amendments To The Law On The Constitutional Court

Original Language Title: Grozījumi Satversmes tiesas likumā

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The Saeima has adopted and the President promulgated the following laws: the law on the Constitutional Court to make the Constitutional Court Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1996, nr. 14; 1997, no. 20) the following amendments: 1. Replace the words "throughout the Act by the institution or the officer that issued the Act being challenged" by the words "the institution or the officer that issued the contested legislation.
2. Replace article 4, second paragraph, the words "five years" with the words "ten years".
3. Add to article 7(1) third subparagraph with the words "with the exception of article 11 of this law in the third and fourth part as provided in".
4. Supplement article 8, first paragraph, the words "with the exception of article 11 of this law in the third and fourth part as provided in".
5. Replace article 9, the word "Parliament" with the words "Constitutional Court".
6. in article 10: make the first paragraph by the following: "(1) If the Constitutional Court judge could not continue to work for health reasons, he shall be released from Office by the Constitutional Court's decision. That decision requires all judges absolute majority. ';
make the third paragraph as follows: "(3) the Constitutional Court judge if he has violated this law, the requirements of article 34, committed shameful acts incompatible with the status of judges, or systematically fail to fulfil their duties and no disciplinary action has been imposed on him for it, may be removed from Office by the Constitutional Court's decision. That decision requires all judges absolute majority. "
7. Supplement article 11 with the second, third and fourth subparagraph by the following: "(2) The powers of a judge of the Constitutional Court ruled out the Constitutional Court shall notify the institution in writing, after which the proposal was approved, a judge whose term of Office ended, but when the judge approved the proposal submitted by not less than ten members of the Parliament, the Saeima. On the powers of the judge of the Constitutional Court ruled out due to the expiry of the mandate or article 8 of this law laid down in the first subparagraph in the age of the Constitutional Court shall be notified at least three months in advance.
(3) If the Parliament is not approved by the other judge to the Constitutional Court judges that the mandate terminates due to the expiry of the mandate or article 8 of this law laid down in the first subparagraph, the following age of Constitutional Court judges considered the mandate extended until the Parliament in his place is confirmed by another judge and it passed the judge's oath.
(4) Constitutional Court judge whose term of Office shall expire due to the expiry of the mandate or article 8 of this law laid down in the first subparagraph age, continues to make a Constitutional Court judge until delivery of the judgment of the Constitutional Court in cases where the court proceedings initiated by his participation. "
8. Make the text of article 16 as follows: "the Constitutional Court hears cases for: 1) compliance with the Constitution of laws;
2) signed or concluded by Latvia in the international treaty (also to the Parliamentary approval of the Treaty) in compliance with the Constitution;
3) other laws or parts thereof compliance with legal force above the law (legislation);
4) other parliamentary, Cabinet of Ministers, the President, the Chairman of the Parliament and the Prime Minister's statement, except for administrative compliance with the law;
5) the order, compliance with the law by which the cabinet authorized Prime Minister stopped local Government Council (Council) decision;
6) Latvian National legislation compliance with those Latvian concluded international agreements does not conflict with the Constitution. "
9. Express article 17 as follows: "article 17. The right to submit an application initiating proceedings (1) the right to submit an application for the initiation of the Act and signed or concluded by Latvia in the international treaty (also to the Parliamentary approval of the Treaty) in compliance with the Constitution, other laws or parts thereof compliance with higher legal force of law (law) (article 16, paragraphs 1-3), as well as Latvian National legislation compliance with those Latvian concluded international agreements does not conflict with the Constitution (article 16, paragraph 6) is : 1) to the President;
2) Parliament;
3) no fewer than twenty members of the Parliament;
4) Cabinet;
5) the Attorney General;
6) national control Council;
7) Municipal Council (the Council);
8) the national human rights office;
9) Court in civil, criminal or administrative proceedings;
10) land registry Department of the judge, in making a real estate or related law in the land consolidation;
11) the person infringing fundamental rights specified in the Constitution.
(2) the right to submit an application for the initiation of other parliamentary, Cabinet of Ministers, the President, the Chairman of the Parliament and the Prime Minister's statement, except for the administrative, compliance with the law (article 16, paragraph 4) is: 1) to the President;
2) Parliament;
3) no fewer than twenty members of the Parliament;
4) Cabinet.
(3) the right to submit an application for the initiation of the order for compliance with the laws under which the cabinet authorized Prime Minister stopped local Government Council (Council) decision (article 16, paragraph 5), it is the relevant Council (Council). "
10. Article 19: put the title and first paragraph as follows: "article 19. Local Government Council (the Council) (1) an application pursuant to this law, article 17, first paragraph, point 7 of the Municipal Council (the Council) may be submitted only if the contested act touching the municipal rights. ";
replace the second paragraph, the words "the sixth" with the words "third paragraph".
11. To supplement the law with 19.1 and 19.2 of the article as follows: "article 19.1. The application of the Court and the land registry Department judges the application (1) an application shall be submitted if: 1) the Court of general jurisdiction in civil, criminal or administrative cases at first instance, appeal or appeal in cassation, it is considered that the rule which should be applied in the present case, does not meet the highest legal force law (Act);
2) land registry Department of the judge, in making a real estate or related law in the land consolidation, considers that that should apply, does not meet the highest legal force rules (the Act).
(2) an application to be reworded in the form of a reasoned decision. Decision and sign the Court dealing with the civil, criminal or administrative, or land registry Department, which carries out real estate or related to the consolidation of the land law.
(3) the Court or land registry Department judges decision shall be accompanied by documents supporting the application. If necessary, add the appropriate civil, criminal or administrative case.
(4) a number of disputed acts or land registry Department of a court judge's decision to allow in all cases these measures need to apply one of the civil, criminal or administrative proceedings or at the request of the shore.
19.2 article. The constitutional complaint (application) (1) the constitutional complaint (application) the Constitutional Court may be filed by any person who believes that it infringes on the fundamental rights established in the Constitution law, which does not meet the highest legal force rules.
(2) the constitutional complaint (application) can submit only if you have used any opportunity to defend those rights with general law remedies (complaint-higher plant body or top official, the complaint or claim in the Court of general jurisdiction, etc.) or not.
(3) if the constitutional complaint (application) or a general interest if protection with general law remedies cannot prevent substantial injury to the complainant, the Constitutional Court can rule on the complaint (application) before the examination is used in all common law remedies. Initiation of proceedings in the Constitutional Court prevent the relevant civil, criminal or administrative proceedings in the Court of general jurisdiction until the Constitutional Court's judgment.
(4) constitutional complaint (application) the Constitutional Court may be submitted within six months after the last body of the entry into force of the judgment.
(5) constitutional complaints (applications) shall not suspend the execution of the ruling of the Court, except when the Constitutional Court ruled otherwise.
(6) further to article 18 of this law in the first part, the content of the application specified in the constitutional complaint must justify that: 1) has violated Constitution in certain of the applicant's fundamental rights;
2) is used for all common law remedies or not.
(7) the constitutional complaint (application) add: 1) the explanations and documents required for the clearance of the circumstances of the case;
2) documents which certify that the general use all remedies in cases where they are. "
12. Article 20 be expressed as follows: "article 20. Initiation of proceedings or the refusal to prosecute (1) the application shall be considered and the initiation or prosecution shall decide a College of three judges.

(2) the Board shall establish the Constitutional Court with all the judges an absolute majority for one year. The College, which is made up of the President of the Constitutional Court or his deputy heads the Constitutional Court respectively the Chairman or his Deputy. The College, which is neither a constitutional nor the President of the Court, headed by a Deputy Chairman of the Board, which the Board shall elect from among its members.
(3) the order in which the President of the Constitutional Court shall designate the College to examine the applications and what is replaced Judge health status or other circumstances impede the objective to participate in the meeting of the College, the College sits in the recording, as well as other colleges, work organisation issues determined by the rules of procedure of the Constitutional Court.
(4) the meetings of the College is closed. Participating members of the College concerned. If necessary, the members of the College may invite to participate in the hearing of the applicant, the Constitutional Court employees, as well as other people.
(5) in considering the application, the Board is entitled to refuse to prosecute if: 1) case is not the jurisdiction of the Constitutional Court;
2) the applicant is not entitled to file the application;
3) application does not meet the 18 or 19 of this Act.-the requirements of article 19.2;
4) applied on the already successful claims.
(6) in considering a constitutional complaint (application), a College may refuse to prosecute in cases when the legal reasoning contained in the complaint is obviously not sufficient to satisfy the claim.
(7) the decision to initiate proceedings or on the refusal to prosecute the College shall adopt within one month from the date of the application. Complex cases to the Constitutional Court, this time limit may be extended to two months.
(8) the decision of the Board of initiation or waiver of prosecution may not be appealed.
(9) If a decision on prosecution, within three days of its adoption: 1) sends a copy of the decision to the parties;
2 send a copy of the application) to the institution or the officer that issued the contested act;
3) invites the authorities or officials, which issued the contested act, the Constitutional Court judges within the submit your response to the statement of facts and legal reasoning;
4) sends the publishing newspaper Latvian journal "information about the proceedings of the Board to the case proposed by the applicant and the name of the case.
(10) If a decision on refusal to prosecute, three days after the copy of the decision shall be forwarded to the applicant, but in cases where the application is filed no fewer than twenty members of the Parliament, their authorised representative. "
13. off 21.
14. Make the text of article 22 the following: "(1) when a case brought by the President of the Constitutional Court asking for one of them to prepare for consideration by the judges.
(2) in preparing the case, judge, if necessary: 1) require additional explanations and documents from the applicant authority or from the officials who issued the contested act, as well as from any State or municipal institutions, authorities or officials;
2) defines the external persons and requires them to express their views;
3) decide on the establishment of expertise.
(3) the persons invited by the judge's decision may be to admit any person whose point of view the hearing can contribute to a comprehensive and objective review of the case.
(4) the person's views, Guest Expert (expert) opinion, the explanations requested and other documents are to be submitted within the time limit set by the judge.
(5) on the request of the parties that apply for, preparing the case for review, shall be decided by the judge. If the judge a request rejected in whole or in part, he shall act on the matter. A copy of the decision is sent to the party that made the request. Decision on the request, rejecting in whole or in part may not be appealed.
(6) in order to facilitate the use of the comprehensive and speedy trial, of two or more things in one case, a merger, as well as one case of a division into two or more things.
(7) in the case of prepared not more than three months. Especially in complex cases the Constitutional Court hearing held three judges is entitled to a decision to extend that period, but not longer than two months.
(8) the judge preparing the finished preparing the opinion. If the judge believes that the thing to be written in the process, he includes a proposal for the opinion.
(9) the preparation of the case to be concluded by the President of the Constitutional Court's decision on the referral, the Court's composition and action of the time and place of the hearing.
(10) the court hearing the action shall decide on: 1) the writing process, if the proposal made by the judge who prepared the proceedings;
2) hearing time and place;
3) other matters relating to the proceedings at the hearing.
(11) the hearing be not earlier than 15 days and not later than three months after the decision of court sitting time and place.
(12) If a hearing with the participation of the parties, no later than 15 days before the hearing: 1) shall notify the parties of the time and place of the hearing;
2) sends the publishing newspaper Latvian journal "notice of the time and place of the hearing.
(13) if the case requires the writing process, notify the parties. "
15. in article 23: Add to the second part of the text by the following: "in cases where the application is filed no fewer than twenty members of the Parliament, the term of Office of the members of one or more of them does not preclude the application to do the related procedural actions.";
to supplement the article with a new third subparagraph by the following: "(3) If the Act is contested match higher legal force rules, adopted by the institution or the officer or issued, which no longer exists and that is not a successor to, the rights of the parties to the proceedings have the body or the official empowered to declare the contested act unenforceable or to amend it.";
consider the third part of the fourth part.
16. To make article 25 of the first, second and fourth subparagraph by the following: "(1) the Constitutional Court by the full case for: 1) compliance with the Constitution of laws;
2) another of the Saeima, the Cabinet of Ministers, the President, the Chairman of the Parliament and the Prime Minister's statement, except for administrative compliance with the law;
3) national legislation compliance with those Latvian concluded international agreements does not conflict with the Constitution;
4) Cabinet regulations with the Constitution and the compliance with other laws;
5) signed or concluded by Latvia in the international treaty (also to the Parliamentary approval of the Treaty) in compliance with the Constitution.
(2) in cases not referred to in the first paragraph of this article, are considered the three judges if the Constitutional Court has decided otherwise. "
"(4) If the Constitutional Court in the case of the three judges, these judges are determined by the Constitutional Court, the President of the Constitutional Court in accordance with the procedure laid down in the rules of procedure. If the Court is not the President of the Constitutional Court, nor his Deputy, the Chairman of the hearing, the judges shall elect from among its members at the hearing of the action. "
17. Make the text of article 26 as follows: ' (1) proceedings before the procedure is determined by this law and the rules of procedure of the Constitutional Court. Procedural time counting and procedural penalties — fines — applicable to the execution of the code. Other Constitutional Court Act and the rules of procedure of the Constitutional Court for procedural issues not regulated the constitutional court decide.
(2) parties, which does not understand the language of the proceedings, except the representatives of legal persons have the right to use the services of an interpreter. Expenditure on the services of an interpreter are borne by the parties concerned. "
18. Make the text of article 27 the following: "(1) the Constitutional Court is sitting to the public, except when it conflicts with State secrets, business secrets, as well as those of privacy protection interests.
(2) the persons present at the hearing may make written notes and audio, leaving the audience to the site. Video, photo, and audio tracks outside public places provided at the hearing shall be made only with the consent of the Chairman of the hearing, and in a manner such as to interfere with the trial proceedings.
(3) a decision on the case in a closed hearing to adopt the Constitutional Court. The action takes place in a closed hearing, subject to any rules of court proceedings. Judgment of the Court in any case declare publicly. "
19. Make the text of article 28 as follows: "(1) decisions in the course of the hearing the Court shall be taken by the judges in the majority, in consultation or conference room. If the decision is adopted consultation room, this room during the vote may be only those judges who are presiding. At the time of voting the views expressed may not be disclosed. If the decision is taken in the consultation room, hearing the Chairman shall notify the decision after the Court returned to the hearing room.
(2) the Constitutional Court opened the trial of the President. He shall notify the composition of the Court, called the proceedings and other persons involved in the case, examine their personality and authority.

(3) If a party or other person involved in the case have not arrived, the Chairman of the hearing whether that person duly notified of the hearing and whether they are known causes of absence.
(4) if the absent one party having a duly notified of the hearing, the Court decides on the initiation or suspension. If there is no guest has arrived, a witness, expert or interpreter (expert), the President of the court hearing in the case of the survey participants, or may initiate proceedings without this witness, expert (expert) or the presence of an interpreter. After hearing the opinion of the members of the Court decides on the initiation or suspension.
(5) the substance of the matter starts with the judge's report.
(6) the parties of the report set out the factual circumstances of the case and legal grounds. The applicant gives the first words. Each of the parties comes to the actual circumstances of the case and legal statement of grounds must not be longer than 30 minutes. At the request of the parties, the Court may extend the time of speech.
(7) then, if necessary, are heard outside, expert (expert) opinion and interrogate witnesses.
(8) then comes the Court debate and replicas.
(9) the constitutional court session ends with a statement by the Chairman of the hearing about when the judgment will be handed down.
(10) the Constitutional Court shall record the progress of the phonogram, which prepare transcripts. Transcript of the added to the Protocol. The minutes shall be signed by the President of the Court of session and the Secretary. "
20. To supplement the law with 28.1 and 28.2 of the article as follows: "article 28.1. Writing process (1) in cases where the accompanying document is sufficiently placed to hear the case in a written procedure, the Court of session with the participation of the parties may not be held. The judgment of the case determines the writing process of this law article 22 the tenth part.
(2) within fifteen days after receipt of the notice of written hearing process, the parties have the right to consult the file and the writing to comment on them.
(3) the Use of the written procedure in appearance and judgment make consultation room.
Article 28.2. Procedural penalties (1) in the cases specified in this article, the Court may impose the following sanctions: 1 procedural) warning;
2) expulsion from the courtroom for the hearing;
3) fine.
(2) the President of the court hearing the warning can make a person interferes with the procedure during the hearing.
(3) expulsion from the courtroom for the hearing may apply in cases where the person to whom the warning, repeatedly interfering with the arrangements at the time of the hearing. The persons present, other than the parties or other persons involved in the case, expelled the hearing Chairman, but the parties — the Court. If the parties — the State bodies or officials: representative expelled from the trial drug, notify the body or official, which he represents.
(4) the Court may impose a fine in such cases and to the extent: 1) if the parties to the proceedings, the person invited, an expert (expert), witness or interpreter does not appear at the hearing for reasons which the Court held to be valid, a fine of up to a hundred lats;
2) If a party or other person involved in the case to which the warning, repeatedly interfering with the arrangements at the time of the hearing, a fine of up to one hundred and fifty lats.
(5) a copy of the Court decision (extract from the Protocol) for the imposition of the fine sends the person to whom the fine is imposed.
(6) the Person fined, ten days after the copy of the decision of the Court of Justice (extract from the Protocol), you can ask the Constitutional Court to be exempt from fines or reduce its amount.
(7) the fine recovered in civil law. "
21. Article 29: to supplement the first part with 4, 5 and 6 of this paragraph: "If force has lost 4) rule (Act), compliance with which is in dispute;
5) if delivered judgment in another case concerning the same subject matter of the claim;
6) in other cases where the continuation of the proceedings in case it is not possible. "
to supplement the article with a new second subparagraph by the following: "(2) a change in the composition of elected bodies or officials replacement then when the application is made, is not a sufficient basis for refusing to prosecute or the termination of the proceedings. ';
consider the second part of the third part.
22. Article 30: adding to the first part of the second sentence as follows: "at the time of voting Conference room may be only those judges who are the composition of the Court.";
to make the fourth and fifth by the following: "(4) the Judgment shall be taken no later than 30 days after the Constitutional Court hearing. Not later than three days after the judgment shall send it to the parties.
(5) the Judgment shall be signed by the Chairman of the hearing. "
23. Article 31: express the following in paragraph 11: "11") in relation to existing legal rules challenged (Act): the moment in which it terminates when the Constitutional Court ruled that this provision (Act) does not meet the highest legal force to the provisions of the law; "
to supplement the article with a new 12 point as follows: "12"), if necessary — other judicial decision; ";
consider paragraph 12 of the past 13.
24. Replace article 32 in the third paragraph, the words "from the Constitutional Court judgment of the moment" with the words "from the Constitutional Court judgment from the date of publication".
25. the 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 "and" the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur. ""
26. Express article 35, the first paragraph by the following: "(1) the commencement of a prosecution against a Constitutional Court judge, and his arrest is not permissible without the consent of the Constitutional Court. That decision requires all judges absolute majority. "
27. Article 36: adding to fifth after the word "majority" with the words "except for the third paragraph of article 10 of the cases provided for in";
turn off the sixth paragraph 2;
consider the sixth part (3) of paragraph 2;
adding to the seventh paragraph by paragraph 4 by the following: "4) dismissal from the post in accordance with article 10 of the law on the third."
28. Replace article 38, third paragraph, the word "first" with the word "highest".
29. the transitional provisions: off 1, 2 and 5;
consider existing paragraph 3 and 4, respectively, on point 1 and 2.
Transitional provisions 1. Amendments to the law in the Constitutional Court with regard to the general jurisdiction of the Court the application initiating proceedings in the Constitutional Court, civil or criminal, shall enter into force simultaneously with the amendments to the law of civil procedure and the code of criminal procedure.
2. The amendments to the law on the Constitutional Court with regard to the general jurisdiction of the Court in the application for the initiation of the Constitutional Court, in examining the Administrative Affairs, enter into force simultaneously with the administrative procedure law.
3. The amendments to the law on the Constitutional Court relating to the land registry Department judges the application, making the real estate recording or related rights in the land consolidation, enter into force simultaneously with the amendments to the land law.
4. The amendments to the law on the Constitutional Court regarding the constitutional complaint (application) shall enter into force on 1 July 2001.
5. the Act on administrative procedures To the date of entry into force of the Constitutional Court to examine the case further on the Cabinet and the Prime Minister's administrative compliance with plant-higher legal force rules.
6. In the month following the entry into force of this law the Constitutional Court: 1) shall carry out the appropriate amendments to the rules of procedure of the Constitutional Court;
2) creates the College.
The law shall enter into force on 1 January 2001.
The law adopted by the Parliament in 2000 November 30.
President Vaira Vīķe-Freiberga V., Riga 2000 20 December