A Case Regarding a Norm of the Civil Procedure Law Initiated
On 1 March 2013 the 2nd Panel of the Constitutional Court initiated a case “On Compliance of Para 1 of Section 33(3) of the Civil Procedure Law with Article 91 and Article 92 of the Satversme.”
Contested Norm
Section 33 of the Civil Procedure Law, inter alia, enumerates the costs related to conducting a matter. The contested norm – Para 1 of Section 33(1) – provides that the costs related to conducting a matter are costs related to assistance of advocates.
Norms of Higher Legal Force
Article 91 of the Satversme: “All human beings in Latvia shall be equal before the law and courts. Human rights shall be realised without discrimination of any kind.”
Article 92 of the Satversme: “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.“
The Facts
The Applicant – a limited liability company “Gardie Visdari” notes that a lawyer had represented its interests in civil law proceedings. The court had refused to satisfy the claim to collect the costs related to conducting a matter – the costs related to assistance of advocates, because the Applicant had used the services of a lawyer, not of a sworn advocate.
The contested norm restricts the Applicant’s right to choose a representative freely, as well as unfoundedly envisages differential treatment compared to persons, who have used the services of a sworn advocate.
Legal Proceedings
The Constitutional Court has asked the Saeima to provide a reply on the facts of the case and legal substantiation by 1 May 2013.
The term for preparing the case is 1 August 2013.
Linked case: 2013-04-01