In order to strengthen the independence of the courts and ensure more professional support for judges, the Saeima adopted amendments to the Law on Judicial Power in its final reading on Thursday, 1 October. The changes, initiated by the Judicial Council and put forward by the Ministry of Justice, expand the Judicial Council’s responsibilities regarding the organization of the courts’ work, budget planning and judges’ career matters, and provide for the gradual introduction of the post of court lawyer. The aim of the changes is to ensure the timely and high-quality protection of human rights.
“It is important for a person who turns to the courts to receive a fair and well-founded decision within a reasonable time. To ensure this, judges need professional legal support, whilst the judiciary requires greater autonomy in organizing its work. With these amendments, we are granting the judiciary itself broader powers and, at the same time, responsibility for the development of the judicial system. By introducing the post of court lawyer, we are strengthening support for judges and creating a career path for the next generation of judges,” emphasizes Minister for Justice Edvards Smiltēns.
The amendments reduce the Minister for Justice’s involvement in matters relating to judges’ careers. In future, the Judicial Council will nominate candidates for appointment or confirmation to the posts of district and regional court judges to the Saeima. Meanwhile, only those members of the Judicial Council who are judges will take part in the Council’s votes on judges’ career matters. The appointment and confirmation of judges will remain within the remit of the Saeima.
The Judicial Council will also have broader powers in organizing the work of the courts and in budget planning. It will be able to supplement or amend the budget requests of district and regional courts and will decide on the reorganization of district courts. The Court Administration will operate under the guidance of the Judicial Council in matters relating to the organization of court work, budget planning and administration, support for judicial self-governance, and court staff issues.
At the same time, the amendments provide for the gradual transformation of the post of judicial assistant into that of court lawyer. At the request of a judge or the president of the court, a court lawyer will analyze legal provisions and case law, and prepare draft rulings and other court documents. Such support will enable judges to devote more attention to the examination and adjudication of cases.
The law sets out educational and other requirements for the post of court lawyer. Existing judicial assistants who meet these requirements may be transferred to the post of court lawyer, subject to their written consent and following an assessment of their professional performance. The phased transition is scheduled to be completed by 1 January 2032. Work experience in the post of court lawyer or court adviser will also be one of the prerequisites for applying for the post of judge, provided that the other requirements laid down by law are met.
The reform is intended to be implemented within the existing budget, with funds earmarked for long-vacant judicial posts being redirected towards more competitive remuneration for court lawyers. This will help attract qualified specialists to the courts and strengthen the quality of legal support.
The amendments also provide for wider access to case law. A court will be able to publish a ruling handed down in closed proceedings if it contains significant findings relevant to the application of legal provisions. When publishing the ruling, any confidential information that led to the proceedings being held in closed session must be redacted.
“The time has come to release the judiciary from the tutelage of the executive and to develop it as a fully-fledged branch of government, on a par with the other two – the legislature and the executive. Only in this way can we ensure true judicial independence. It is symbolic that this emancipation of the judiciary is taking place alongside the reform of court staff, which has long been necessary to enhance the professionalism and efficiency of the courts’ operations, but to which insufficient attention has been paid until now. These reforms are vital for ensuring the public’s right to a fair trial. They also serve as a good example of what can be achieved for the public good through constructive dialogue and cooperation between the branches of government,” notes Aigars Strupišs, President of the Supreme Court and the Judicial Council.
The amendments to the law will come into force on 1 January 2027, whilst a longer transition period has been set for the gradual replacement of the post of judicial assistant with that of court lawyer. The amendments can be viewed on the Saeima’s website.
Further information: 67020396; email: baiba.kataja@at.gov.lv