A case on requirements on education of insolvency administrators has been initiated
The First Panel of the Constitutional Court has initiated a case “On Compliance of Para 7 of Transitional Provisions of the Insolvency Law with Article 1, Article 91 and Article 106 of the Satversme of the Republic of Latvia”.
Article 1 of the Satversme provides that Latvia is an independent democratic republic. Article 91 of the Satversme guarantees equality of all persons before the law and the courts, whilst Article 106 of the Satversme provides, among the rest, that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications.
The contested norm was adopted in 2010 and it introduces new requirements regarding education of insolvency administrators by committing them to obligatory higher education in law. Those insolvency administrators having no such education shall have the duty to obtain one before 1 January 2017 and start their studies before 1 January 2012.
The applicant Mr. Normans Karlsons indicates that he is an insolvency administrator for several years already. The previous regulatory framework permitted persons having higher education in economy, management of finance working in this field. The applicant has trusted into the fact that he would be able to continue working as an insolvency administrator after having obtained higher education in economy. He indicates that the requirement to obtain another education is non-proportional in respect to those administrators who have acquired practical working experience and who have successfully met certification requirements.
The Saeima was asked to provide, before 3 May 2011, a reply on facts of the case and legal justification thereof. The term of preparation of the case is 3 August 2011.
Linked case: 2011-04-01