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The ST judges are elected by the ST judges from among themselves for a term of three years. The chairman may be re-elected for a term of three years. The term of office of an ST judge is 10 years. The judge has only one such term.
One of the amendments of the Saeima to the Constitutional Court Law provides that if a person has left the position of ST judge to perform duties in an international court or represent the State of Latvia in a position in an international institution, and 10 years have not passed since leaving the position of ST judge term of office.
“Taking into account the need for Latvia to appoint a CJEU judge and the fact that Ineta Ziemele has been confirmed as a judge of the CJEU, she has so far managed to work in the Constitutional Court for five years and eight months. Taking into account the amendments to the Constitutional Court Law adopted today (Thursday – ed.), After the end of the term of office of a CJEU judge, Mrs. Ziemeles may be able to run again for the remaining term of office of a Constitutional Court judge, “ST Public Relations and Protocol Department explained to Delfi. manager Katie Strazda.
“It should be emphasized that a judge of the Constitutional Court continues to exercise his powers until a resignation is filed or another case specified in the Constitutional Court Law occurs. The Chief Justice of the Court Ineta Ziemele has not resigned (Thursday – ed.),” She clarified.
The judge of the CJEU is entitled to start exercising his or her powers only after making a solemn promise. It has already been reported that Ziemele will take up the position of the new CJEU judge from 7 September and her term of office will run until 6 October 2024. The Saeima will now have to decide on the appointment of a new ST judge, but the ST will have to elect a new chairman internally. Ziemele was re-elected chairman of the ST on May 6 this year. She has been holding this position since May 8, 2017.
On the other hand, the vacancy of a Latvian CJEU judge has been vacant since June 17, 2019, when he left Egils Levits, who was elected President of Latvia.
Ziemele will give a press conference on Friday at 10 a.m. in connection with his confirmation as a CJEU judge.
Reference that has been changed in the new amendments to the law:
- Also, the amendments to the law approved on Thursday strengthen the right of an ST judge to apply for the vacant position of a Supreme Court judge after the end of his / her term of office, if he / she has not reached the maximum age for holding a judge, as well as the right to be appointed to a vacant civil servant requirements set for the tenderer.
- The amendments will also guarantee the ST judge, after the end of his term of office, the right to hold an official position equivalent to that which he held before his appointment as an ST judge.
- Amendments to the ST Law, in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Institutions, strengthen material guarantees corresponding to the status and independence requirements of the ST after the end of the term of office, inter alia by providing for the payment of severance pay.
- In order to prevent a possible threat to the independence of the ST, the amendments stipulate that the administrative work of the court will be organized and ensured by the head of its administration, and not by the chairman. Simultaneously with the amendments, the immunity of an ST judge in administrative violation cases was waived in the same way as for judges of general jurisdiction and administrative cases.
- The regulatory framework has also been supplemented by stipulating that the ST is financed in such a way as to ensure its independence and effective performance of the constitutional supervision function.
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