Case Initiated Regarding a Norm, which Envisages the Right to Refuse Initiation of Legal Proceedings in Cassation
On 11 January 2013 the 1st Panel of the Constitutional Court initiated case “On the Compliance of Para 2 of Section 4641 (2) of the Civil Procedure Law with the first sentence of Article 92 of the Satversme of the Republic of Latvia”.
Contested Norm
The contested norm provides that the Panel of Senators of the Senate of the Supreme Court (hereinafter – the Senate) may refuse to initiate legal proceedings in cassation, if it has no doubts about the legality of the judgement made by the appellate instance court and if the case to be reviewed has no significance for the evolvement of judicature, moreover, the Panel of Senators has this right also in case if the submitted cassation complaint even formally complies with the set requirements and the appellate instance court has not made any of the procedural violations defined in the Civil Procedure Law.
Norm of Higher Legal Force
The first sentence of Article 92 of the Satversme: “Everyone has the right to defend his or her rights and lawful interests in a fair court.”
The Facts
The Applicant – Latvian Book Publishing Trade Union – notes that it had been solving a civil law dispute in court. The Senate, upon receipt of the Applicant’s cassation complaint, decided to refuse initiation of cassation proceedings. The Senate used the contested norm to substantiate its decision.
The Applicant holds that the contested norm unfoundedly restricts the right to a fair court established in the Satversme.
Legal Proceedings
The Constitutional Court has asked the Saeima to provide a reply on the facts of the case and legal substantiation by 11 March 2013.
The term for preparing the case is 11 June 2013.
Linked case: 2013-02-01