The Constitutional Court Terminates Legal Proceedings in the Case Regarding the Norm that Envisages the Right to Refuse Initiating Cassation Proceedings
On 6 November 2013 the Constitutional Court adopted a decision on terminating legal proceedings in Case No. 2013-14-01 “On 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 (in italics)
(…) the collegium of the Senate may refuse to initiate cassation court proceedings also in the following cases: [..] 2) no doubts have arisen regarding rule of law of the judgment of an appellate instance court and the matter to be examined has no meaning in establishment of jurisdiction.
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 Case combines two cases initiated upon the constitutional complaint of Dainis Rozenfelds and Göran Hartmann.
A case with an identical claim was already examined by the Constitutional Court and on 21 October 2012 a judgement was passed, which recognised the contested norm as being compatible with the first sentence of Article 92 of the Satversme (judgement in Case No. 2013-02-01).
Court Findings and Rulings
Para 5 of Section 29(1) of the Constitutional Court Law provides that legal proceedings may be terminated prior to pronouncement of a judgement with a decision by the Constitutional Court, if a judgement has been pronounced in another case with the same subject of claim. Thus, the court decided that legal proceedings in Case No. 2013-14-01 should be terminated.
The decision by the Constitutional Court is final and not subject to appeal.
Linked case: 2013-14-01