Procedures Are Prepared And Confirmed The Position Of The Republic Of Latvia, And Ensure The Representation Of The Republic Of Latvia To The European Court Of Justice

Original Language Title: Kārtība, kādā tiek sagatavots un apstiprināts Latvijas Republikas nostājas projekts un nodrošināta Latvijas Republikas pārstāvība Eiropas Kopienu Tiesā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/124480

Cabinet of Ministers Regulations No. 1010 Riga 2005 20 December (pr. No 76 63) procedures are prepared and confirmed the position of the Republic of Latvia, and ensure the representation of the Republic of Latvia to the European Court of Justice Issued in accordance with the Cabinet of Ministers of 14 law equipment of the first paragraph of article 3 i. General questions 1. determines the order in which prepared and approved by the Republic of Latvia made a draft of the position of the European Court of Justice pending cases and ensure the representation of the Republic of Latvia to the European Court of Justice. 2. the position of the Republic of Latvia to the project (hereinafter draft position) within the meaning of these provisions is the view of the Republic of Latvia to the European Court of Justice in the present case, and on the basis of the representation of the Republic of Latvia to the European Court of Justice. The position of the project presented under this provision to the specimen in annex. 3. the representation of the Republic of Latvia (hereinafter representation) the meaning of these terms is the point of view of the Republic of Latvia and advocacy before the Court of Justice of the European communities. Representation of the Cabinet of Ministers approved made representative. If necessary, the representation of the Cabinet of Ministers may authorize another person or several persons. II. Distribution of competences, the Ministry of Justice 4:4.1 ensure the responsible Ministry, Minister with special responsibility for the Secretariat or other public administration (hereinafter referred to as the responsible authority) with information on cases submitted for review in the Court of Justice of the European communities;
4.2. determine the required information within the deadline and in cooperation with the responsible authority shall prepare and move for approval the Cabinet of Ministers draft position;
4.3. representation before the Court of Justice of the European communities;
4.4 organized cooperation with the Court of Justice of the European communities;
4.5. every year gives the Cabinet report on the participation of the Republic of Latvia in the European Court of Justice;
4.6. the report to the Cabinet, if the Court of Justice of the European communities brought an action against the Republic of Latvia;
4.7. inform the Parliament, if the Court of Justice of the European communities brought an action against the Republic of Latvia or the Republic of Latvia brought a claim before the Court of Justice of the European communities;
4.8. the report by the parliamentary and Cabinet. 5. the responsible authority shall: 5.1 assess the information provided by the Ministry of Justice on cases submitted for review in the Court of Justice of the European communities;
5.2. The Ministry of Justice proposals on the need to bring an action before the Court of Justice of the European communities, intervening, to provide written comments on the preliminary ruling procedure, as well as on the need for the Republic of Latvia to participate in the hearing of the proceeding process (giving the proposal indicate the actual and legal conditions). Giving a proposal to intervene, also indicate which of the participating party's views in support of the Republic of Latvia;
5.3. designated expert, which provides for the preparation of draft position required information;
5.4. where necessary, inform the non-governmental organisations and social partners on matters within its competence, the preparation of the draft of the position, as well as the involvement of organisations and partners in the preparation of the information concerned;
5.5 according to the competence and the Ministry of Justice provided information for the preparation of draft position and the representation of the Republic of Latvia to the European Court of Justice;
5.6. According to competence, take measures to ensure that the Court of Justice of the European communities. 6. The Ministry of Justice shall determine the responsible authority in accordance with regulations of the responsible authority and the Cabinet of Ministers to apportionment of powers laid down in the European Union. 7. If it is not possible to determine a single responsible authority determined that rule 10 referred to the Working Group, the participating authorities on mutual agreement. The controversy addressed this provision in chapter V. III. the position of project preparation and approval 8. Position project in accordance with the procedure laid down in these rules shall be prepared and approved in the following cases: 8.1 travel claim before the Court of Justice of the European communities;
8.2. after use by the President of the Court of Justice of the European communities of the authorization;
8.3. by providing written comments on the preliminary ruling procedure;
8.4. If the Court of Justice of the European communities brought an action against the Republic of Latvia. 9. The Minister of Justice at the proposal of the responsible authority, as well as hearing the views of a representative, decide on the submission of the request to the European Court of Justice for permission to join the case, and the decision on membership of the European Court of Justice hearing process. 10. in order to ensure circulation of information and prepare a draft position in the relevant cases, the Minister of Justice issued an order for the permanent inter-institutional working groups (working group). The working group included the Ministry and the Minister with special responsibility for the representatives of the Secretariat. The Working Group is managed and its work is organised by the Ministry of Justice. Specific issues the Working Group invited expert or other public administrations representatives. 11. Where, in accordance with the laws of the Republic of Latvia to the questions in the field in question, it is necessary to align with certain non-governmental organisations or social partners, representatives of the proposal by the responsible authorities or by non-governmental organisations or social partners ' proposal included in the Working Group for the preparation of the relevant issues. 12. the working group delegated representatives are empowered to make decisions on the coordination of draft position on this matter on behalf of the authority that they represent, and in accordance with the relevant authority responsible to the competence of the information provided. 13. If the working group represented the authority in the prescribed period has not stated its views, draft position is considered to be coherent. 14. the position of the draft approved by the Cabinet of Ministers. IV. Representation 15. Representative Office approved by the Cabinet of Ministers on the recommendation of the Minister of Justice, who agreed with the Minister for Foreign Affairs. 16. The representative has the following rights: 16.1. to request and receive from the public authorities, local authorities and non-governmental organizations to ensure representation of the required infor information society;
16.2. to consult with the responsible authorities in the seconded experts;
16.3. to determine the necessary documents. 17. The representative has the following responsibilities: 17.1. to represent the Republic of Latvia to the European Court of Justice;
17.2. to report to the Cabinet, if the European Court of Justice handed down a ruling in the case against the Republic of Latvia. 18. the representative responsible for the responsible authorities and the expert provide the information veracity and conformity with the situation. 19. With expenses representation (representatives of remuneration, allowances and travel expenses, as well as travel expenses of the person to the Court of Justice of the European communities at the hearing urged the Ministry of Justice) under the Ministry of Justice shall be borne by the State budget. V. disputes cases 20. If the preparation of the draft position of the participating authorities cannot agree on the Division of powers or any other position with the preparation of the draft of the related issues, the question of law in the order shall be submitted to the Cabinet. VI. final question 21. Be declared unenforceable in the Cabinet of Ministers of 30 March 2004, Regulation No 178 "procedures are prepared and approved for the position of the Republic of Latvia and to ensure the representation of the Republic of Latvia to the European Court of Justice" (Latvian journal, 2004, 52, 160. No; 2005, 60 no). Prime Minister a. Halloween S. Minister of Justice annex Āboltiņ the Cabinet of 20 December 2005, regulations no 989 S. Minister of Justice Āboltiņ the