VZCZCXYZ0000
PP RUEHWEB

DE RUEHRA #0617/01 2261352
ZNR UUUUU ZZH
P 141352Z AUG 07
FM AMEMBASSY RIGA
TO RUEHC/SECSTATE WASHDC PRIORITY 4273
INFO RUEHTL/AMEMBASSY TALLINN 4103
RUEHVL/AMEMBASSY VILNIUS 3897
RUEHBS/USEU BRUSSELS
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS RIGA 000617 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS PHUM LG
SUBJECT: The Latvian Court System: A Primer 
 
¶1. (U) Summary: Latvia's civil law judicial system is a three tier 
structure consisting of district or city courts, regional courts, 
and headed by a Supreme Court.  All civil and criminal matters go 
through these courts.  The Constitutional Court is a fully 
independent body whose mandate is to interpret the constitution and 
handle matters related to the violation of rights afforded to 
individuals by the constitution.  This cable provides basic 
information on structure of the Latvian court system.  End Summary. 
 
A Three Level Court System 
 
¶2. (U) Latvia has a three level court system:  District or city 
courts, regional courts and the Supreme Court.  These courts have 
jurisdiction on civil, criminal and administrative cases. District 
or city courts are the courts of first instance.  There are 34 such 
courts in Latvia.  Regional courts function as appeal courts and as 
the courts of first instance for larger civil lawsuits and 
particular kinds of serious criminal cases.  Latvia has five 
regional courts.  All regional courts have separate departments for 
civil and criminal cases. 
 
The Supreme Court 
 
¶3. (U) The Supreme Court is the highest level court and its 
decisions are final.  The Supreme Court functions as the court of 
cassation - only the application of the law rather than the subject 
matter is reviewed - and as the court of appeal for cases where 
regional courts have served as the first instance.  The Supreme 
Court is divided into a chamber of civil appeal, a chamber of 
criminal appeal, and the Senate.  The Supreme Court also has the 
authority to pardon individuals convicted by military tribunals and 
the courts during the Soviet occupation of Latvia. 
 
¶4. (U) The Senate handles decisions involving cassation appeals, 
participates in working groups to prepare opinions on draft laws; 
participates in the council on judicial training and the council on 
judicial discipline; and participates in continued education courses 
for judges of district and regional courts. 
 
¶5. (U) The Plenum of the Supreme Court - comprised of the full 
Supreme Court - may adopt legally binding explanations with regard 
to the application of the law.  The Plenum offers an opinion on 
whether there are grounds for the dismissal of the President of the 
Supreme Court or the dismissal of the Prosecutor General.  The 
Plenum also has the authority to confirm which justices will serve 
in the Senate and the two chambers, to elect the chairpersons of the 
Senate Departments, to elect the Chairperson of the Supreme Court 
Chambers, to elect two deputy Chief Justices, as well as to decide 
other important issues related to the operation of the Court. 
 
 
¶6. (U) Neither the Chief Justice nor the Supreme Court Justices can 
control or instruct the judges of a lower level court on 
adjudication of specific cases or regarding the operation of lower 
level courts. 
 
¶7. (U) The total number of Supreme Court Justices is determined by 
the Parliament based on the recommendation of the Chief Justice, and 
is currently 46.  The Chief Justice is selected from among the 
justices for confirmation by the Parliament and has responsibility 
for oversight of the work of the Supreme Court. The President of the 
Supreme Court is appointed for seven years.  Sixty percent of the 
Supreme Court is female. 
 
 
The Supreme Court Chief Justice 
 
¶8. (U) The current Chief Justice, Mr. Andris Gulans, has served as 
the Chief Justice since 1994, having been reelected in 2001, but he 
has stated he will not consider another term and he will step down 
next year.  Currently, the Supreme Court consists of 23 justices of 
the Senate, including the Chief Justice, and 23 justices who serve 
in the Supreme Court's Chambers.  The Chief Justice has the 
authority to recommend individuals to be confirmed for a position as 
justice, based upon recommendation made by the Judicial 
Qualifications Committee and elected by the national judge 
conference for four years.  The Judicial Qualifications Committee is 
comprised of five Supreme Court judges, two regional court judges, 
two disctrict judges and two judges from the land registry court. 
Supreme Court justices are confirmed by the Parliament for service 
until the age of 70. Upon a recommendation by the Judicial 
Qualifications Committee, the Chief Justice may extend the term of a 
70 year old justice for an additional five year term.  The Chief 
Justice presides over the Plenary Session of the Supreme Court as 
well as the sessions of the Supreme Court Senate.  The Chief Justice 
is not permitted to issue instructions to justices with regard to 
the review of any case pending before the Supreme Court, to request 
information or report on any cases decided, nor inquire with regard 
to any opinions expressed in the decision-making process.  However, 
the Chief Justice may request information from a justice about his 
or her review of a case in order to determine whether grounds exist 
for the initiation of disciplinary proceedings in the disciplinary 
committee, which he chairs. 
 
 
The Constitutional Court 
 
¶9. (U) The Constitutional Court of Latvia consists of seven judges 
and is an independent body separate from the Supreme Court.  The 
Constitutional Court reviews the following types of cases:  1) 
compliance of laws with the Constitution; 2) compliance with the 
Constitution of international agreements signed or entered into by 
Latvia; 3) Compliance of official acts (with the exception of 
administrative acts) by the Parliament, the Cabinet of Ministers, 
the President, the Chairperson of the Parliament and the Prime 
Minister with the law; 4) and Compliance of Latvian law with the 
international agreements entered into by Latvia. 
 
¶10. (U) The Constitutional Court does not have the right to initiate 
cases, it can only review a case after a claim has been filed by one 
of the following:  the President, the Parliament as a whole or by at 
least twenty members of the Parliament, the Cabinet of Ministers, 
the Plenum of the Supreme Court, the Prosecutor General, the Council 
of the State Control, the State Human Rights Bureau, the Council of 
a Municipality, or a Minister.  In 2000 the Constitutional Court Law 
was amended to allow for any person, who believes that his or her 
fundamental rights, as set out in the Constitution, have been 
violated. 
 
¶11. (U) The Court consists of 7 justices nominated by the Plenum of 
the Supreme Court and confirmed by a majority vote of the parliament 
for a term of ten years.  Judges must be at least 30 years old and 
must have a university level education and at least ten years of 
legal professional work or legal academic work. The Chairperson of 
the Constitutional Court as well as the Deputy are elected for a 
period of three years from among the members of the Constitutional 
Court by an absolute majority of the entirety of the Latvian 
judiciary by secret vote. 
 
 
¶12. (U) The entire body of the Constitutional Court reviews matters 
on compliance of laws passed by parliament and regulations approved 
by the Cabinet of Ministers with the Constitution.  A panel of three 
judges handles all other matters. 
 
¶13. (U) The Constitutional Court is required to deliver their ruling 
within thirty days after the original court sitting accepting the 
case, although in more difficult cases, the court can grant itself 
an additional period of time to consider the case.  The judgment is 
determined by majority vote.  If one votes against the majority 
opinion, the opposing opinion is given to the court in writing and 
attached to the case.  All judgments are final and are effective 
immediately and binding on all.  However, should the court rule 
against the constitutionality of a treaty that has already entered 
into force, the legal situation is not as defined.  (Comment: In 
theory, this could happen if Latvia and Russia exchange instruments 
of ratification on their border treaty before the Court rules on the 
claim by 20 members of parliament that the treaty violates the 
constitution.  End comment.) 
 
¶14. (U) To date, the Constitutional Court has received over 900 
claims and has accepted for consideration more than 140. 
Approximately half of these cases are claims by individuals.  As of 
the end of 2006, the Court has announced nearly 100 opinions. 
 
¶15. (U) Comment: Little is expected to change in the structure and 
daily function of the Supreme Court once Gulans steps down as Chief 
of the Supreme Court in 2008.  At this time, there has been no 
public speculation as to who would take his place, although the most 
likely candidate will be Gulans' deputy, Gunars Aigars, who 
currently heads the Civil Chamber.  End Comment. 
 
 
SMSELDOWITZ