A case regarding the right to appeal against a decision on securing of claims in a civil procedure was initiated
The First Panel of the Constitutional Court has initiated a case “On Compliance of the First Part of Section 141 of the Civil Procedure Law with Article 91 and Article 92 of the Satversme (Constitution) of the Republic of Latvia”.
Article 91 of the Satversme ensures equality before the law and the courts, whilst Article 92 of the Satversme stipulates, among the rest, that everyone has the right to defend his or her rights and lawful interests in a fair court.
Section 140 of the Civil Procedure Law (CPL) provides for the content and procedure for examining issues regarding securing of claims. The contested norm, however, which is the first part of Section 141 of the CPL, establishes that a complaint regarding a decision on securing of claims shall only be submitted in certain cases. The applicant Joint-stock company “Topmar Holdings” thus holds that the contested norm places the parties of the civil procedure in an unequal situation and restricts the rights of both parties to a fair court.
The Saeima was asked to submit, before 7 October 2009, a reply regarding factual circumstances of the case and legal justification thereof. The term of preparation of the case is 7 December 2009.
Linked case: 2009-85-01