Amendments to the Orphan’s and Custody Courts Law will ensure the timely adoption of high-quality decisions that serve the best interests of children

On Wednesday, 19 May, the Saeima Legal Affairs Committee will consider amendments to the Orphan’s and Custody Courts Law providing for orphan’s and custody courts to be placed under the functional supervision of the State Inspectorate for Protection of Children’s Rights, as the professionalism of orphan’s and custody courts is being strengthened and the institution that operates in the interests of children will be professionally supervised. This will prevent the risk of negligent and unlawful conduct by orphan’s and custody courts.

Deputy Prime Minister and Minister of Justice Jānis Bordāns states: “There is no doubt that the state may become involved in the work of a local government to a certain extent. Moreover, the functional supervision provided for in these amendments to the law will ensure not only sufficient oversight of the activities of guardianship and trusteeship institutions, but also the timely adoption of high-quality decisions that serve the best interests of children in the area of protecting children’s personal and property rights and interests and trusteeship.”

In the view of the Ministry of Justice, this regulation, which provides for functional state supervision over orphan’s and custody courts, will promote the lawful operation of orphan’s and custody courts.

The purpose of the draft law “Amendments to the Orphan’s and Custody Courts Law” is to ensure compliance with the administrative territorial division established by the Law on Administrative Territories and Populated Areas (the law was adopted on 10 June 2020 and entered into force on 23 June 2020); to establish that legal relations with the chairperson, deputy chairperson or member of an orphan’s and custody court will henceforth be established in accordance with the provisions of regulatory enactments governing employment relations; to regulate matters related to the obligation of the chairperson, deputy chairperson or member of an orphan’s and custody court to complete the training programme and the working regime during the period until that training programme has been completed; and to legally regulate the situation in which a new orphan’s and custody court is established as a result of the merger of administrative territories prescribed by the Law on Administrative Territories and Populated Areas, when several local governments merge, as well as the situation in which the merger of administrative territories prescribed by the Law on Administrative Territories and Populated Areas does not affect a local government (does not create a need to liquidate existing institutions or establish new ones).

The amendments can be viewed in greater detail on the Saeima website.

Additional information:

The Constitutional Court has concluded that the state has an obligation to supervise the legality of local government activities and ensure that these activities are lawful (see paragraph 14 of the Constitutional Court judgment of 29 June 2018 in Case No. 2017-32-05).

Information prepared by:

Ministry of Justice

Communications and Technical Support Division

Public Relations Specialist