The Constitutional Court initiated a case on a norm of the Civil Procedure Law regulating the procedure for submitting a protest
On 8 June 2012, the First Panel of the Constitutional Court initiated a case “On Compliance of Section 483 insofar as It Establishes the Right of the Chairperson of the Senate Civil Matters Department to submit a protest with Article 92 of the Satversme of the Republic of Latvia[1]”.
Contested Norm
Section 483 of the Civil Procedure Law provides that a protest regarding a court adjudication that has come into effect may be submitted to the Senate by the Chairperson of the Senate Civil Matters Department or the prosecutor general, provided that not more than 10 years have elapsed since the adjudication came into effect.
The Facts
The applicants, namely „Yelverton Investment B.V.”, „IAG Industrieanlagen GmbH”, a limited liability company “IAG” and „Yelverton Investment B.V.” see infringement of their fundamental rights in the fact that a protest can be submitted by the Chairperson of the Senate Civil Matters Department who also establishes the procedure for review of cases at the Department. According to the applicants, this infringes the right to a fair trial that refers to adjudication of a matter at a fair trial.
Legal Proceedings
The Saeima was asked to provide, before 8 August 2012, a reply on the facts of the case and legal substantiation thereof.
The term of preparation of the case is 8 November 2012.
[1] Article 92 of the Satversme of the Republic of Latvia: “Everyone has the right to defend his or her rights and lawful interests in a fair court. Everyone shall be presumed innocent until his or her guilt has been established in accordance with law. Everyone, where his or her rights are violated without basis, has a right to commensurate compensation. Everyone has a right to the assistance of counsel.”
Linked case: 2012-13-01