Representation of Latvia at the European Court of Justice
Competence of the Ministry of Justice
Agent of the Republic of Latvia before the European Court of Justice
Inter-institutional Working Group
The activities of the Latvian Judges
COMPETENCE OF THE MINISTRY OF JUSTICE
In order to provide qualitative drafting of the national positions of the Republic of Latvia and to ensure the representation of the Republic of Latvia in the cases before the European Court of Justice (hereafter – the Court) the competence of the Ministry of Justice includes:
- Providing information to the responsible authorities on the cases before the Court;
- Providing information to the responsible authorities on the case-law of the Court;
- Organizing the cooperation with the Court;
- Providing the representation of the Republic of Latvia before the Court;
- Drafting the position of the Republic of Latvia (in cooperation with the responsible authorities) and ensuring its submission to the Court.
The position is drafted and approved upon bringing an action before the Court, during the written procedure or shortly before the oral hearing has been commenced; - Report annually to the Cabinet of Ministers on participation of the Republic of Latvia into cases before the Court;
- Report to the Cabinet of Ministers on actions brought before the Court against the Republic of Latvia;
- Report to Saeima on actions brought before the Court against the Republic of Latvia or applications submitted by the Republic of Latvia before the Court;
- Providing overviews by request of the Cabinet of Ministers or the Saeima.
The decision on the drafting of the position is made by the Minister of Justice upon the proposal of the head of the responsible authority or the responsible Minister, upon hearing the opinion of the Agent of the Republic of Latvia before the European Court of Justice. The position is approved by the Cabinet of Ministers. The procedure for the drafting and approval of the position of the Republic of Latvia is defined by the Regulations of the Cabinet of Ministers No 989 (adopted on 20 December 2005) The Order of Drafting and Approval of the Position of the Republic of Latvia and Ensuring the Representation of the Republic of Latvia at the European Court of Justice (hereafter - Regulations of the Cabinet of Ministers No 989).
The Unit of Cooperation with the European Court of Justice has been established within the Ministry of Justice to ensure the functions of the Ministry of Justice in relation to the abovementioned matters. The representation of the Republic of Latvia before the European Court of Justice is provided by the authorized representative of the Cabinet of Ministers (the Agent).
THE AGENT OF THE REPUBLIC OF LATVIA BEFORE THE EUROPEAN COURT OF JUSTICE
The Agent of the Republic of Latvia before the European Court of Justice (hereafter – the Agent) is appointed to the office by the Cabinet of Ministers upon the recommendation of the Minister of Justice, which is coordinated with the Minister of Foreign Affairs. The expenditures related to such representation including the Agent’s salary, additional payments and traveling costs as well as the traveling costs for the person invited by the Ministry of Justice to attend the Court hearing shall be covered from the state budget assets allocated to the Ministry of Justice.
According to the Decree of the Cabinet of Ministers No 865 of 10 November 2004 on the Agent of the Republic of Latvia before the European Court of Justice, Esmeralda Balode – Buraka has been appointed as the Agent.
The Agent is entitled to:
- Request and receive the information from the state institutions, municipalities and non-governmental organizations necessary to ensure the representation;
- Consult the experts nominated by the responsible authorities;
- Determine the deadlines for submitting the required documents.
The Agent has the following obligations:
- Represent the Republic of Latvia before the Court;
- Report to the Cabinet of Ministers on the judgments of the Court against the Republic of Latvia;
- Report to the President of the State and the Saeima upon request.
INTER-INSTITUTIONAL WORKING GROUP
The inter-institutional working group was established on the basis of Paragraph 10 of the Regulations of the Cabinet of Ministers No 989 and pursuant to the Order of the Ministry of Justice No 1-1/55 of 8 February 2006 on the Formation of the Working Group in matters of the European Court of Justice, and it consists of the representatives from all the responsible authorities. The working group is responsible for drafting positions in the respective cases and ensuring the exchange of information.
The authorities responsible for the respective area are determined in accordance with the Order of the Cabinet of Ministers No 385 of 11 June 2003 on the Competence of Ministries and Other Governmental Authorities in the European Union Matters.
THE ACTIVITIES OF THE LATVIAN JUDGES
Since 1 May 2004 the work of the Courts of the Republic of Latvia is closely linked to the Community law, i.e., the national courts are obliged to apply the Community law to all the cases between the national institutions and natural or legal entities or between such entities, and to protect their rights granted in accordance with the Community law. The preliminary ruling procedure, i.e., the rights of the national courts to address the European Court of Justice to ask the interpretation of certain Community law provisions or to receive the answer as to their validity is extremely relevant to ensure equal application of the Community law in all the Member States in all cases.
