In general, prerequisites have been created in Latvia for providing district (city) courts and regional courts with professional and competent human resources. However, measures for the development of human resources are proceeding too slowly and a crisis may occur in the coming years, as it was concluded after the audit of the State Audit Office of Latvia.
BRIEFLY:
- No long-term strategic vision for the development of judges and court staff has been formulated in Latvia.
- A number of judicial vacancies is increasing, and more than 28% of the current judges may retire in the next few years.
- A particularly critical situation in the provision of human resources is in relation to judges with specialization in land register cases.
- Court employees are underutilized and undervalued, resulting in unacceptably high turnover.
- In the last four years, every tenth judge has attended training less than once a year, although there are constant changes in the legal framework.
“Human resources are the foundation of the judicial system, so their development should be the main priority. Without sufficient and high-quality judicial human resources, the search for justice in court can become a marathon without a finish line. Modern material and technical provision of courts is essential, but high-quality and sustainable judicial human resources are crucial to ensure the right to a fair trial. Therefore, it is essential that Latvia has a strategic vision for human resources development and long-term planning,” emphasised Mr Gatis Litvins, Council Member of the State Audit Office of Latvia.
The number of judges is decreasing
Every year, a number of judge vacancies increases. At the end of 2023, 54 or 10% of the approved judge positions were vacant. Moreover, a number of judges over the age of 61 is increasing, thus more than 28% of the current judges may retire in the coming years.
The audit has concluded that a number of dismissed judges exceeds a number of appointed judges. A number of judicial candidates who have passed the judicial candidate selection is not sufficient to fill the existing judicial vacancies. It means that the trend of the increase in the number of judicial vacancies may continue and the judicial system may lack judges for the efficient operation of the courts.
“To solve these problems, one requires to assess the functions and work organization of judges and to review a necessary number of judges in Latvia,” explained Mr Gatis Litvins, Council Member of the State Audit Office of Latvia.
A critical situation with judges specializing in land register cases
A number of vacancies for judges specializing in land register cases is increasing every year. The audit has found that only two judges with specialization in land register cases started working in the judicial system since 2017, while 16 judges stopped performing their duties. At the end of 2023, nine or 13% out of 71 positions for judges with specialization in land register cases were vacant. In the coming years, another 18 judges or 29% of the actual number of judges specializing in land register cases could retire.
It has also not been possible to expand the competence of judges specializing in land register cases to other categories of cases, as foreseen by the reform of the Land Register Divisions in 2018.
The human resource potential of Assistant Judges is underutilized
The judicial system has been discussing reforming and developing the institute of Assistant Judges for 20 years but no noteworthy progress has been achieved.
Adequate educational requirements have not been set yet for the position of Assistant Judge, and the competences and responsibilities of Assistant Judge have not been expanded, thus reducing the opportunities to increase a salary level of Assistant Judge, which is uncompetitive in the labour market, and the motivation of existing employees, to attract new qualified employees and to use them to their full potential to relieve the workload of judges.
The audit has discovered that the judicial system has not been able to develop the institute of Assistant Judge effectively and eventually. As a result, there is an unacceptably high turnover of Assistant Judges, especially in the courts in Riga, where it reaches up to 41% per year.
Not all judges care enough about improving their knowledge and skills
Despite the fact that a training system for judges and court staff has been established and prerequisites have been created for improving the knowledge and skills of judges and court staff, every tenth judge has attended training less than once a year in the last four years.
“Not all judges care enough about improving their knowledge and skills, even though changes in society and the legal framework are happening rapidly. Judges must adapt to changing conditions quickly, and it is impossible without a high-quality training organization and active participation in training,” stated Mr Gatis Litvins, Council Member of the State Audit Office of Latvia.
One plans to change the training system of judges and court staff from 1 January 2025. The Academy of Justice should start operating; however, the project has been delayed in several activities, and there is an elevated risk that the Academy of Justice will not start operating yet according to the planned training model on 1 January 2025.
Recommendations #PēcRevīzijas
The audit provides five recommendations to the Ministry of Justice. As a result of their implementation, the improvement of human resource management and development is expected in the courts of Latvia including 1) improved planning of a number of judges; 2) provided effective and sustainable registration of ownership; 3) increased competence and responsibility of Assistant Judges; 4) increased motivation of Assistant Judges to work in court and decreased employee turnover; 5) facilitated and increased motivation of judges to attend training.
Additional information: audit report summary
About the State Audit Office of Latvia
The State Audit Office of the Republic of Latvia is an independent, collegial supreme audit institution. The purpose of its activity is to find out whether the actions with the financial means and property of a public entity are legal, correct, useful and in line with public interests, as well as to provide recommendations for the elimination of discovered irregularities. The State Audit Office conducts audits in accordance with International Standards of Supreme Audit Institutions of the International Organization of Supreme Audit Institutions INTOSAI (ISSAI), whose recognition in Latvia is determined by the Auditor General. Upon discovering deficiencies, the State Audit Office of Latvia provides recommendations for their elimination, but it informs law enforcement authorities about potential infringements of the law.
Additional information
Ms Gunta Krevica
Head of PR and Internal Communication Division
Ph. 23282332 | E-mail: gunta.krevica@lrvk.gov.lv