The Order In Which The Public Administration Is Assessing The Relevance Of The Higher Rules Of Law Legal Rules In Force

Original Language Title: Kārtība, kādā valsts pārvaldē tiek izvērtēta tiesību normas atbilstība augstāka juridiskā spēka tiesību normai

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/90907

Cabinet of Ministers Regulations No. 554 Riga, June 21, 2004 (pr. 10, no. 38) order in which the public administration is assessing the relevance of the higher rules of law legal rules in force Issued under Cabinet installations of article 14 of the law in the first part of paragraph 3 of rule 1 defines: 1. the order in which the officer shall inform the higher authority and the Ministry of Justice, if there is reasonable doubt as to external legislative provisions compliance with the higher legal force rules (the Act on administrative procedures the eleventh article 15) and actions following receipt of such information;
1.2. the order in which the officer shall inform the higher authority of the Ministry of Justice and public bodies that have issued internal regulatory acts, if reasonable doubts as to compliance with this Act, the Act and regulations for the General principles of law as well as international law or European Union law (law of public administration equipment the first subsection of section 78 of the Administrative Procedure Act, and article 16, sixth paragraph), and the action following the receipt of such information;
1.3. the order in which the officer shall inform the senior officials of the Ministry of Justice, and the authority or the officer that issued the internal normative acts, if reasonable doubts as to compliance with this Act, other laws and the internal legislation (the public administration Act, article 78 of the equipment in the quarter), and actions following receipt of such information. 2. If the officer have reasonable doubts as to the external legislative provisions compliance with the higher legal force of law, it shall immediately send a written motivated at the same time report the highest authority and the Ministry of Justice, which shall specify: 2.1 provision for which compliance with higher legal force law in doubt, and higher legal force rules (the General principles of law);
2.2. the actual conditions, which have reasonable doubts as to the conformity of the provisions of the law;
2.3. legal provisions legal basis of non-compliance;
2.4. other relevant information. 3. the report shall be accompanied by the necessary documents or their copies. 4. The highest authority and the Ministry of justice a month assessed the compliance of the provisions of the law. This time limit may be extended for one month. Particularly difficult cases can be extended repeatedly, but the total duration of the examination of the application shall not exceed four months. Higher authority and the Ministry of Justice informs the originating message on the issue of the extension of the period of the examination. 5. The highest authority and the Ministry of Justice has the right to request additional information from officials or authorities prepared a report or developed by the contested provision. 6. at the law review higher authority and the Ministry of Justice prepares a motivated opinion on its compliance with the highest legal force to the provisions of the law (including the General principles of law). 7. If a higher authority finds that the law meets the highest legal force rules (also the General principles of law), it shall forward its reasoned opinion to the official doubts about the conformity of the provisions of the law. The higher authority shall inform about their observations of the Ministry of Justice. 8. If the Ministry of Justice finds that legislation meets the highest legal force rules (also the General principles of law), it shall forward its reasoned opinion to the official doubts about the conformity of the provisions of the law. The Ministry of Justice informed of its comments, to the higher authority. 9. If a higher authority finds that the provision does not meet the highest legal force rules (also the General principles of law), so: 9.1 sends a reasoned opinion to the official doubts about the conformity of the provisions of the law;
9.2. the reasoned opinion sent to the body which developed inappropriate rules of law recognised and indicates the need to draw up a legislative proposal that prevents the non-compliance of this law;
9.3. inform about their observations of the Ministry of Justice. 10. If the Ministry of Justice notes that the provision does not meet the highest legal force rules (also the General principles of law), it: 10.1. send motivated views to officials in doubt about the conformity of the provisions of the law;
10.2. the reasoned opinion sent to the authority, which developed the inappropriate provision of recognised and indicates the need to draw up a legislative proposal that prevents the non-compliance of this law;
10.3. inform about their observations of higher authority and the CEOs stated rules. 11. If a higher authority and the Ministry of Justice have taken different decisions on the conformity of the provisions of the law, the Ministry of Justice is decisive. 12. the authority, which developed the does not comply with the law, without delay, prepare a draft legislation that eliminates the provisions of this law. 13. If the authority developed the inappropriate provision of recognised does not agree with the opinion or the Ministry of Justice refuses to develop draft legislation that eliminates the provisions, the Ministry of Justice prepared and submitted to the Cabinet of Ministers of the Cabinet of Ministers a draft protokollēmum, indicating the law need to prevent legislation, and which body is responsible for the development of this project. 14. If the officer have reasonable doubts as to compliance with the internal legislation of the Act and the regulations for the General principles of law as well as international law or European Union law, it immediately sends at the same time motivate the written report the highest authority, the Ministry of Justice and the public entity that published this law, noting: 14.1. internal legislation or a part thereof, for which the compliance due to reasonable doubt and external laws, general principles of law, the rules of international law or the law of the European Union;
14.2. the statement of circumstances, which have reasonable doubts as to compliance with the internal legislation;
14.3. the internal legislation of the legal grounds of non-compliance;
14.4. other relevant information. 15. the report shall be accompanied by the internal regulations and other necessary documents or their copies. Internal law may not be added, if it's published in the newspaper "Latvian journal" and the message is in reference to its publication. 16. the higher authority, the Ministry of Justice and public bodies during the month assess compliance with the internal legislation. 17. If a higher authority finds that the internal measure complies with external regulations, general principles of law, international law and European Union law, the said authority shall send a reasoned opinion to the official doubts about the conformity of the provisions of the law. The higher authority shall inform about their observations of the Ministry of Justice. 18. If the Ministry of Justice notes that the internal measure complies with external regulations, general principles of law, international law and European Union law, it shall forward its reasoned opinion to the official doubts about the conformity of the provisions of the law. The Ministry of Justice informed of its considerations of the highest authority and body governed by public law, issued by the internal regulations. 19. If a higher authority finds that a measure or its part does not match the external laws, general principles of law, international law or the law of the European Union, the said authority: 19.1. send a motivated opinion to which official doubts about the conformity of the provisions of the law;
19.2. informed about legal provisions non-compliance with public law, issued by the internal regulations;
19.3. inform about their observations of the Ministry of Justice. 20. If the Ministry of Justice notes that the internal measure or part thereof does not comply with external regulations, general principles of law, international law or the law of the European Union, it shall forward a reasoned: 20.1. views for which official doubts about the conformity of the provisions of the law;
20.2. informed about legal provisions non-compliance with public law, issued by the internal regulations;

20.3. inform about their observations of higher authority, the officer detected a non-compliance with provisions of the law, and public law, issued by the internal regulations. 21. If a higher authority, a public entity that published the internal law, and the Ministry of Justice have taken different decisions on compliance with internal legislation, it is the opinion of the Ministry of Justice, except in the case where the public body is the Cabinet of Ministers. 22. If the public body pursuant to the public administration Act, article 78 of the equipment for the first part and the administrative procedure law, article 16 of the sixth gave a written order to apply internal laws, but the Justice Ministry acknowledged that the internal measure does not comply with external regulations, general principles of law, international law or European Union law, public law repeals the said order. This condition does not apply to the Cabinet. 23. If the officer have reasonable doubts as to compliance with the internal legislation of other internal regulations to the Act, it shall immediately send a written motivated at the same time report the highest official and the authority or official who imposed the internal normative acts, as well as the Ministry of Justice, including: 23.1. internal regulations or part thereof for which compliance due to reasonable doubt, and the other internal normative acts;
23.2. the statement of circumstances, which have reasonable doubts as to compliance with the internal legislation;
23.3. the internal legislation of the legal grounds of non-compliance;
23.4. other relevant information. 24. the report shall be accompanied by the internal regulations and other necessary documents or their copies. Internal law may not be added, if it's published in the newspaper "Latvian journal" and the message is in reference to its publication. 25. the higher officer or officers, and the authority which issued the internal normative acts, as well as the Ministry of justice a month assessed compliance with the internal legislation. 26. If a higher authority or the officer and the officer who issued the internal legislation, notes that this is consistent with other internal laws, they shall send a reasoned opinion to the official doubts about the conformity of the provisions of the law. Higher officials and the authority or the officer issuing the internal legislation, inform their considerations of the Ministry of Justice. 27. If the Ministry of Justice notes that the internal measure consistent with other internal laws, it shall forward its reasoned opinion to the official doubts about the conformity of the provisions of the law. The Ministry of Justice informed of its considerations and the authority of higher officials or officials who issued the internal legislation. 28. If a higher authority or the officer and the officer who issued the internal legislation finds that a measure or its part does not match the other internal regulations to the Act, it shall forward a reasoned: 28.1. views for which official doubts about the conformity of the provisions of the law;
28.2. informed about legal provisions non-compliance with public law, issued by the internal regulations;
28.3. inform about their observations of the Ministry of Justice. 29. If the Ministry of Justice notes that the internal measure or part thereof does not comply with other legislative act of the internal, it: 29.1. send a motivated opinion officials that doubts about the conformity of the provisions of the law;
29.2. informed about legal provisions non-compliance with public law, issued by the internal regulations;
29.3. inform about its reasons CEOs found rules do not match, the higher officials or officials and the authority which issued the internal legislation. 30. If a higher official, authority or official, who issued the internal law, and the Ministry of Justice have taken different decisions on compliance with internal legislation, it is the views of the Ministry of Justice, except in the case where the public body is the Cabinet of Ministers. 31. Public law by the Justice Department's receipt of the reasoned opinion immediately cancels internal regulations or part thereof, except where the public body is the Cabinet of Ministers. In this case, the draft legislation, which is an internal measure or part thereof, shall be drawn up by the Ministry of Justice, unless the Cabinet or the Prime Minister is not asking it to another body or official. Prime Minister, Deputy Prime Minister shlesers Justice Minister a. location — Foreign Minister r. pīks