Cabinet of Ministers Regulations No. 995 in Riga in 2008 (2 December. No 86 30) order in which prepares and approves the draft position of the Republic of Latvia and the Republic of Latvia provides for representation before the Court of Justice of the European communities and the European Free Trade Association Court Issued in accordance with the Cabinet of Ministers Act article 31 equipment, first paragraph, point 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 Court of Justice of the European communities and the European Free Trade Association Court (the two together-Court) pending cases and ensure the representation of the Republic of Latvia (hereinafter representation) in court. 2. the position of the Republic of Latvia to the project (hereinafter referred to as the draft position) within the meaning of these provisions is the view of the Republic of Latvia in the case pending before the Court, and to representation in court their support. Draft position shall be made according to the sample (annex). 3. under the terms of this Representation is the point of view of the Republic of Latvia and providing advocacy in court. 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 examination to the Court;
4.2. determine the required information within the deadline and in cooperation with the responsible authority shall prepare and move for approval draft position;
4.3. provide representation in court;
4.4 organized cooperation with the Court;
4.5 once a year gives an overview of the Cabinet of Ministers of the Republic of Latvia to membership of the Court;
4.6. the report to the Cabinet if the Court brought a claim against the Republic of Latvia declared the ruling in a case against the Republic of Latvia or legal issue affecting the vital interests of the Republic of Latvia;
4.7. inform the Parliamentary Commission for European Affairs and the Parliamentary Commission responsible for the Bill (if one is specified) of the Court brought an action against the Republic of Latvia, if the pre-trial process in the measure provided for in the framework of the prevention of the infringement had been preparing a bill or included in the reasoning that is not vitiated by infringement and legislation of the European Union is taken over by law. 5. the responsible authority shall: 5.1 assess the information provided by the Ministry of Justice on cases submitted for judicial review;
5.2. The Ministry of Justice proposals provide for the need for legal action, intervening, to provide written comments on the preliminary ruling (advisory opinion) request process, 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 representation in courts;
5.6. appropriate competence shall take measures for the enforcement of judicial decisions. 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. III. the position of project preparation and approval 7. Position project in accordance with the procedure laid down in these rules shall be prepared and approved in the following cases: 7.1 the travel claim in court;
7.2. when the President of the Court of Justice in case after the authorisation;
7.3. providing written comments on the preliminary ruling (advisory opinion) request process;
7.4. If the Court of Justice of the European communities brought an action against the Republic of Latvia;
7.5. If it is necessary to other Court procedures. 8. 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 Court for permission to join the case, and the decision on participation in the court hearing process. 9. 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 (hereinafter referred to as the 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. 10. If, in accordance with the laws and regulations of the area in question will need to coordinate with 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. 11. 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. 12. If the working group represented the authority in the prescribed period has not stated its views, draft position is considered to be coherent. 13. the position of the draft approved by the Cabinet of Ministers, if the court case is related to the essential interests of the Republic of Latvia or the request of a member of the Cabinet of Ministers. In other cases, the position of the project approved by the Minister of Justice. IV. Representation 14. Representation of the implement Cabinet approved agent (hereinafter agent) that post after approved the recommendation of the Minister of Justice, which agreed with the Minister for Foreign Affairs. 15. The mandate of the representative, as well as other experts, which are needed in addition to raise the representation of a specific case, issued by the Prime Minister in accordance with the Cabinet decision, if approved draft position in the Cabinet, or at the request of the Minister of Justice, if you need to ask the permission of the President of the court intervening or if the position of the project approved by the Minister of Justice. 16. the representative of 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 information, determining its lag time limits;
16.2. to consult with the responsible authorities in the seconded experts. 17. Representative responsible for the responsible authorities and the expert provide the information veracity and conformity with the situation. 18. With expenses representation (representatives of remuneration, allowances and travel expenses, as well as travel expenses of the person to the hearing, urged the Ministry of Justice) under the Ministry of Justice shall be borne by the State budget, except for the necessary translation expenses which shall be borne by the responsible authority. V. disputes cases 19. 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 20. Be declared unenforceable in the Cabinet of Ministers of 20 December 2005 rules No. 989 "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" (Latvian journal, 2005, nr. 207). Prime Minister i. Godmanis Justice Minister g. Smith attachment Cabinet December 2, 2008. the Regulation No. 995 Justice Minister g. Smith