Advanced Search

Amendments To The Law "on Judiciary"

Original Language Title: Grozījumi likumā "Par tiesu varu"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
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,/2.nr. 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) the following amendments: 1. Express article 32 the first part as follows: "(1) the district (City) Court shall consist of the President and judges of the Court."
2. Express article 33, the first paragraph by the following: "(1) the district (City) Court and a Deputy Chairman from among the judges of this Court to five years shall be appointed by the Minister of Justice, on the basis of the qualifications of the judges opinion. District (municipal) courts and a Deputy Chairman from Office by his own request the Minister of Justice. District (municipal) courts and his Deputy Chairman leave office by the Minister of Justice, on the basis of the opinion of the judges disciplinary Collegium ".
3. Turn off the article 34.
4. Express article 40 the first part as follows: "(1) the President of the District Court of that court judges shall be appointed by the Parliament for a period of five years after the Minister of Justice and the President of the Supreme Court in a joint proposal on the basis of the qualifications of the judges opinion. The President of the District Court from a post at the request of the Parliament itself. The President of the District Court leave office after the Parliament of the Minister of Justice or the Chief Justice's proposal based on the judges ' disciplinary Collegium's opinion. "
5. Make article 41, second subparagraph by the following: "(2) the Deputy Chairman of the District Court shall be appointed for five years by the Minister of Justice, on the basis of the qualifications of the judges opinion. Deputy Chairman of the District Court to be released from the post at their request by the Minister of Justice. Deputy Chairman of the District Court shall be suspended from Office by the Minister of Justice, on the basis of the opinion of the disciplinary Collegium of judges. " 6. Supplement article 49 of the fourth subparagraph by the following: "(4) full Court gives its opinion on the basis of the President of the Supreme Court or the Attorney General's dismissal of the removal from Office."
7. Supplement article 50 with a new third subparagraph by the following: "(3) the Chief Justice shall submit a proposal to the Parliament on the appointment of the Attorney General and other prosecutors shall exercise the powers laid down in the law relating to the appointment of the Attorney-General, release or release.";
consider the third part of the fourth part.
8. in article 52: turn off third and sixth;
off in the fourth paragraph, the word "administrative". 9.57. Article be expressed as follows: "article 57. The nomination of district (City) Court judges and District Court judges in district (City) Court judges and judges of the District Court's nomination for appointment or approval of the appointment by the Minister of Justice, nominated on the basis of the qualifications of the judges opinion. "
  10. off 58.
11. Replace the words "in article 59 the Supreme Court judges ' qualification board" with the words "qualification" of the College of judges. 12. Make the text of article 60 as follows: "(1) the district (City) Court judge after a proposal of the Minister of Justice appointed by the Saeima for a period of three years.
(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 qualifications of the judges opinion, approves the post without term limit or appointed again for up to two years. 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 in accordance with the opinion of the qualifications of the judges of the judges are renewed or no posts for approval. "
13. Article 63: replace the second paragraph, the words "relevant qualifications College of judges" by the words "of the qualifications of judges";
replace the third paragraph, the words "Supreme Court" judges ' qualification board of judges ' qualifications ' of the College.
14. Make the text of this article 75: "vacancy or temporary absence, the judge in the case the Minister of Justice may, at the time not longer than two years, ask to meet district (City) Court judge duties other district (City) Court judge, the Honorable judge, district judge or lay judge, corresponding to article 52 of this law in district (City) Court judge candidate requirements, if that person has given written consent."
15. Article 77: make the first paragraph by the following: "(1) vacancies or temporary absence, the judge in the case the Minister of Justice may, at the time not longer than two years, ask to perform the duties of a judge of the District Court the district judge or other honorary judge, if that person has given written consent." replace the second paragraph, the words "District Court judges qualifications board" with the words "qualifications of judges" of the College.
16. Replace article 79, second paragraph, the words "Supreme Court" judges ' qualification board of judges ' qualifications ' of the College.
17. the title of Chapter 12 to replace the word "dismissal" with the word "abolition".
18. the express article 81 as follows: "article 81. The order in which the judge released or leave Office (1) 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 relieved of the post of the Parliament after the Cabinet proposal.
(2) the district (City) courts, regional courts and the Supreme Court judge to leave office after the judges disciplinary Collegium of the Parliament's proposal, but the Supreme Court Chairman leave office after the judges disciplinary Collegium of the Saeima a proposal, based on the opinion of the full Court of the Supreme Court. If the judge convicted and judgment become final, a judge of the posts abolished Parliament after the Justice Minister's proposal. "
19. Turn off the second subparagraph of article 82.
20. Article 83 of the expression as follows: "article 83. Abolition of the post of a judge a judge leave office: 1) where the judge convicted and judgment become final;
2) based on the judges ' disciplinary Collegium's decision. "
21. Make the text in article 84 the following: "(1) If the district (municipal) Court or regional court judge brought disciplinary proceedings, the Minister of Justice after the judges ' disciplinary Collegium may censure the judge from Office following up the adoption of disciplinary ruling. If the district (municipal) Court or regional court judge lawfully called to criminal liability, the Minister of Justice suspended the judge from Office following up the adoption of criminal judgments.
(2) If a judge of the Supreme Court brought disciplinary proceedings, the President of the Supreme Court after judges disciplinary Collegium may censure the judge from Office following up the adoption of disciplinary ruling. If superior court judge lawfully called to criminal liability, the President of the Supreme Court suspended the judge from Office following up the adoption of criminal judgment. "
22. Replace article 88 in the first paragraph, the number "75" with the number "50".
23. Article 90 of the expression as follows: "article 90. The judge's disciplinary responsibility and order judges to disciplinary responsibility of the prosecution to determine the special law. "
24. Article 91 of the turn.
25. replace the name of chapter 15, the words "of the Qualification" with the words "qualifications of judges College".
26. Article 92: make the second subparagraph of paragraph 4 by the following: "4) by secret vote, elected by the judges of the Chamber and its President" to complement the second part of paragraph 5 with the following: "(5)) shall elect judges disciplinary Collegium".
27. in article 93: make the second paragraph as follows: "(2) the qualifications of the Judges is composed of two Supreme Court judges, one in the Senate of the Supreme Court Civil Court judge, one of the Supreme Court, the Criminal Court judge, District Court judges, two two district (City) Court judges and two judges in the land registry office.";
to supplement the article with third, fourth and fifth paragraph as follows: "(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, Latvian University law school Dean, Rector of the Latvian Police Academy or their authorised persons, as well as the Latvian Judges Association Board's authorized representative.
(4) the judge of the qualifications of the Deputy Chairman is elected by the College of qualification of judges from among.
(5) judges ' qualification board are valid if they participate in the hearing not less than seven judges ' qualification board members. "
28. Article 94: make 3, 4 and 5 of paragraph by the following: "3) attesting they judges and granted the qualification of class;

4) by the Minister of Justice, the President of the Supreme Court, the President of the District Court, the district (City) land registry office of the President of the Court, the Chief initiatives decide question of downgrading the qualification of a judge;
5) confirmed the qualification board of judges and judges of the attestation activity agenda regulatory framework. "
6. turn off the point.
29. off 95, 96 and 97.95.1, article.
30. off the second part of article 99.
31. Turn 100. the second paragraph of article 32. Article 107: make the second part of paragraph 6 by the following: ' 6) shall be appointed by the court bailiff and not later than the time of year they were approved or exempted from this post; ";
to make the second part of paragraph 9 by the following: "9) deals with the financial resources to provide a regional, district (City) courts and judges ' qualification board activity, and provide the courts with the necessary logistical resources;".
33. Article 108: replace the number in paragraph 1 and the words "article 60 during the first and third part" with a number and the word "the" in article 60, the number and the words "75." in the first paragraph, the number and the word "the" in article 75, the number and the words "in article 77, first and second parts," with a number and the word "the" in article 77;
to turn off a number in paragraph 1 and the word ' article 58 ';
Add to paragraph 1 after the number and the words "84." in the first paragraph with a number and the words "of article 94;
2. turn off the point.
34. the express article 119 first paragraph, the first sentence as follows: "the President of the Supreme Court, his Deputy and the Supreme Court judges ' salary are equated with 1. qualifications categories of civil servants, the maximum monthly salary."
35. Make 120. the first paragraph by the following: "(1) to determine the premium for the following qualifications of judges class: 1) qualification category 5 — 20 — 40 percent of base salary;
2. the qualification of class 4) — 40-50 percent of the base salary;
3. qualification 3) class — 50 — 60 per cent of base salary;
4) qualification category 2 — 60 — 70 percent of the base salary; 5) qualification category 1 — 70 — 80 per cent of base salary;
6 higher qualification category) — 80 — 100 percent of the base salary. "
Transitional provisions 1. Administrative judges, who are appointed for a position according to the law "on judicial power" in article 52, the third part, the entry into force of this law, is the law "on judiciary" article 60, first paragraph down the district (City) Court judge status.
2. this law, article 93 judges in the establishment of the College shall lapse: 1) of the Republic of Latvia Supreme Council Presidium decision "on the" Charter on courts of the Republic of Latvia in qualification "approval" and the College with their approved Charter (Republic of Latvia Supreme Council and Government Informant, 1993, 26./27.nr.);
2) Republic of Latvia Supreme Council Presidium decision "on the" Charter on courts of the Republic of Latvia "attestation" and with the approval of the approved Charter (Republic of Latvia Supreme Council and Government Informant, 1993, 26/27.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, no. 1).
The law adopted in 1998 the Saeima on 15 October.
The President g. Ulmanis in Riga in 1998 on October 29.