LITIGATION COSTS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS IN ENVIRONMENTAL MATTERS AND PRINCIPLE OF OBJECTIVE INVESTIGATION MARTA OŠLEJA LEGAL DEPARTMENT, MINISTRY OF ENVIRONMENTAL PROTECTION AND REGIONAL DEVELOPMENT OF THE REPUBLIC OF LATVIA AARHUS CONVENTION – TASK FORCE ON ACCESS TO JUSTICE GENEVA – 16 JUNE 2015

2 LITIGATION COSTS IN CIVIL PROCEEDINGS ARTICLE 33 OF CIVIL PROCEDURE LAW: LITIGATION COSTS ARE COURT FEES AND LEGAL EXPENSES IN REGARD TO THE HANDLING OF A CASE. COURT FEES: 1) STATE FEE; 2) PROCESSING FEES; 3) LEGAL EXPENSES IN REGARD TO THE CONDUCT OF A CASE. LEGAL EXPENSES IN REGARD TO THE HANDLING OF A CASE: 1) COSTS RELATED TO THE SERVICES OF A COUNSEL; 2) COSTS RELATED TO COSTS RELATED TO ATTENDING COURT SITTINGS; 3) COSTS RELATED TO COLLECTING EVIDENCE. ARTICLE 33 OF CIVIL PROCEDURE LAW: FOR EACH STATEMENT OF CLAIM – INITIAL CLAIMS OR COUNTERCLAIMS, APPLICATIONS OF A THIRD PERSON STATEMENT OF CLAIM WITH AN INDEPENDENT CLAIM FOR THE SUBJECT-MATTER OF THE DISPUTE, SUBMITTED IN A PROCEDURE ALREADY COMMENCED, APPLICATIONS IN SPECIAL ADJUDICATION PROCEDURE MATTERS, AND OTHER CLAIMS APPLICATIONS PROVIDED FOR IN THIS SECTION SUBMITTED TO THE COURT – A STATE FEE SHALL BE PAID [..].

LITIGATION COSTS IN ADMINISTRATIVE PROCEEDINGS ARTICLE 124 OF ADMINISTRATIVE PROCEDURAL LAW A STATE FEE IN THE AMOUNT OF 28,46 EUROS SHALL BE PAID IN REGARD TO THE SUBMISSION OF AN APPLICATION REGARDING INITIATION OF A MATTER IN COURT AS WELL AS SUBSTANTIAL AND INDEPENDENT SUBMISSIONS OF THIRD PARTY. A STATE FEE IN THE AMOUNT OF 56,91 EUROS SHALL BE PAID IN REGARD TO AN APPELLATE COMPLAINT. A SECURITY DEPOSIT IN THE AMOUNT OF 14,23 EUROS SHALL BE PAID IN REGARD TO AN ANCILLARY COMPLAINT. A SECURITY DEPOSIT IN THE AMOUNT OF 71,14 EUROS SHALL BE PAID IN REGARD TO A CASSATION COMPLAINT. A STATE FEE IN THE AMOUNT OF 14,23 EUROS SHALL BE PAID IN REGARD TO THE SUBMISSIONS TO REVIEW THE CASE GROUNDED ON NEW DISCOVERED CIRCUMSTANCES AND MATTERS OF FACTS. 3

ADMINISTRATIVE PROCEEDINGS BEFORE PUBLIC INSTITUTIONS ARE FREE OF CHARGE FOR PRIVATE PERSONS, UNLESS PRESCRIBED OTHERWISE BY LAW. IN TERMS OF FINANCIAL EXPENDITURES, BRINGING A CLAIM BEFORE A COURT OF JUSTICE IN ADMINISTRATIVE PROCEEDINGS MAY BE AN OPTION FOR A CLAIMANT TO FIND ITSELF IN A WIN-WIN SITUATION. FLEXIBLE LEGAL FRAMEWORK WITH REGARD TO REPRESENTATION BEFORE A COURT OF JUSTICE IN ADMINISTRATIVE PROCEEDINGS IN CONJUNCTION WITH WELL-ESTABLISHED CASE LAW UNDER THE AARHUS CONVENTION HAVE CREATED EFFECTIVE SYNERGIES FOR DEFENDING PUBLIC INTERESTS IN ENVIRONMENTAL MATTERS. 4

ARTICLE 25.1, LAW ON JUDICIAL POWER; ARTICLE 107(4), ADMINISTRATIVE PROCEDURE LAW IN ORDER TO ASCERTAIN, WITHIN THE LIMITS OF THE CLAIM, THE TRUE CIRCUMSTANCES OF THE MATTER AND TO ACHIEVE THE FAIR ADJUDICATION OF AN ADMINISTRATIVE MATTER, A COURT SHALL GIVE PARTICIPANTS IN THE ADMINISTRATIVE PROCEDURE INSTRUCTIONS AND RECOMMENDATIONS, AS WELL AS ON ITS OWN INITIATIVE COLLECT EVIDENCE. ALTHOUGH THE COURT OF JUSTICE IN ADMINISTRATIVE PROCEEDINGS IS BOUND TO APPLY THE OBJECTIVE INVESTIGATION PRINCIPLE WHEN REVIEWING THE CASE UNDER ITS JURISDICTION, THE PARTICIPANTS OF THE PROCEEDINGS HAVE DUTY TO ACT IN ACCORDANCE WITH PROCEDURAL PROVISIONS AND COMPLETE THE INSTRUCTIONS OF THE JUDGE IN ADMINISTRATIVE PROCEEDINGS GUIDANCE AND ACTIVE PARTICIPATION OF THE COURT OF JUSTICE IN ADMINISTRATIVE PROCEEDINGS IS DECREASING WHENEVER IT IS EVIDENT THAT PARTICIPANTS OF THE PROCEEDINGS ARE SUFFICIENTLY AWARE OF THEIR RIGHTS AND OBLIGATIONS WHENEVER, WHILE EXAMINING A CASE, IT IS ESTABLISHED THAT A PARTICULAR MATTER OF A FACT SHOULD BE EXAMINED FURTHER DUE TO ITS IMPORTANCE AND RELEVANCE, THE PARTICIPANTS OF THE PROCEEDINGS ARE REQUIRED TO ACT PROACTIVELY AND FULLY COOPERATE WITH THE COURT IN THE EXAMINATION OF CIRCUMSTANCES OBJECTIVE INVESTIGATION PRINCIPLE 5

THANK YOU FOR YOUR ATTENTION! MS. MARTA OŠLEJA LAWYER/MINISTRY OF ENVIRONMENTAL POTECTION AND REGIONAL DEVELOPMENT