Cabinet Order Of Representation In The Constitutional Court

Original Language Title: Ministru kabineta pārstāvības kārtība Satversmes tiesā

Read the untranslated law here: https://www.vestnesis.lv/ta/id/176514

Cabinet of Ministers Regulations No. 368 in Riga in 2008 (26 May. No 33 27) cabinet order on representation in the Constitutional Court in accordance with Cabinet of Ministers article 14 of the law of the equipment, first paragraph, point 3 i. General questions 1. determines the order in which to prepare and submit for approval to the Cabinet of Ministers a draft response to the Constitutional Court (hereinafter referred to as the response project) and project initiation of the Constitutional Court (hereinafter referred to as the application project), ensure the representation of the Cabinet of Ministers, the Constitutional Court as well as the Constitutional Court judgment (hereinafter representation). 2. Cabinet representation in the Constitutional Court supports the Cabinet's representative to the Constitutional Court, an official of the Ministry of Justice (hereinafter referred to as representative). II. Office of the representative 3. representative may be a person who meets the national civil service law article 7 letter to the applicant of the official minimum requirements, which has in-depth knowledge in constitutional law and the understanding of the court proceedings in the Constitutional Court. 4. Representative Office for five years after the Justice Minister's proposal, approved by the Cabinet of Ministers. 5. If the representative has delayed taking up his duties, prolonged absence due to illness or other reasons, the Ministry of Justice shall inform the Cabinet. In this case, the Cabinet of Ministers, in accordance with the proposal of the Minister of Justice may authorize the representation of other officials of the Ministry of Justice with all these rules and other regulations laid down by the law and to delegate responsibilities. 6. Separate the procedural activities of the Constitutional Court, the Cabinet of Ministers in specific case may authorize another person or institution whose representation is implemented in collaboration with the representative. III. distribution of competences 7. Representative: 7.1. in cooperation with other ministries, Minister with special responsibility for the Secretariat, the State Chancellery or the corruption prevention and combating Bureau (hereafter referred to as the competent authority) under the competence of the response project and move it to the Cabinet for approval;
7.2. in cooperation with the competent authority shall prepare a draft of the application and guide for the approval of the Cabinet of Ministers;
7.3. after the Constitutional Court or the judge's request, in cooperation with the competent authority shall provide written explanations and information to the Constitutional Court;
7.4. look at the file and provides the perspective representation of the Cabinet of Ministers of the Constitutional Court;
7.5. in cooperation with the competent authority in the written observations submitted to the Constitutional Court;
7.6. to coordinate the enforcement of judgments by the Constitutional Court, in preparing the draft information report on the enforcement of the Constitutional Court;
7.7. cooperate with Parliament and coordinated cooperation with the competent authorities of the Parliament if the response gives the Parliament the Constitutional Court, as well as the Constitutional Court judgment;
7.8 out of Constitutional Court judgment analysis;
7.9. once a year until March 1 to prepare the Cabinet report on representation of the Cabinet of Ministers on the Constitutional Court, the constitutional court verdict execution results and Constitutional Court decision analysis. 8. Competent Authority: 8.1. representative views and provide information necessary for the response project and project preparation, representation in the Constitutional Court and the cooperation with the Parliament;
8.2. give an opinion on the reply of the representative of the project and the project. IV. project and project preparation and approval 9. further to the Constitutional Court of the decision to initiate proceedings in the Constitutional Court on cabinet law compliance with the law with a higher legal force, the Prime Minister asked the delegate specified period in conjunction with the competent authority to prepare a draft response. 10. In making a decision on the need to submit an application for the project, the Prime Minister asked the delegate specified period in conjunction with the competent authority to prepare the application project. 11. In preparing a draft response and application project, the representative requested the competent authority to provide information and views. The competent authority shall provide information and views during the week or, if the provision of information and perspective is urgent, within the time limit set by the representatives. 12. The prepared response project and the project that contains the view of the competent authority, in accordance with the Minister of Justice and forwarded to the competent authority for an opinion. The competent authority shall give an opinion within a week or, if the opinion is urgent, the time limit laid down by the Ministry of Justice. 13. in the project and the project for the approval of the Cabinet of Ministers submitted to the Minister of Justice. V. Constitutional Court decision enforcement coordination 14. If the Constitutional Court judgment requires the issue of a Cabinet Minister, a representative of the law shall prepare and submit to the Minister of Justice in the Cabinet of Ministers a draft information report on the measures to be taken by the Constitutional Court for the enforcement of the judgment. Draft information report adds cabinet meeting protokollēmum project with the task of the competent authority or the Ministry of Justice. 15. If the Constitutional Court judgment to complete preparation of the Bill, representative, in cooperation with the Parliament prepared a draft information report and the Minister of Justice shall submit it to the Cabinet for consideration. After the informative message acceptance in the Cabinet sent to the European Parliament. Vi. Closing questions 16. These provisions are not appropriate for the response project development and coordination, the preparation of which started on the basis of the resolution of the Prime Minister, to the date of entry into force of the provisions. 17. the rules shall enter into force on 20 June 2008. Prime Minister i. Godmanis Justice Minister g. Smith