On Compliance of Para 2 of Section 13 of Insolvency Law, Insofar It Applies to Persons Who have Started Their Activities in the Office of the Administrator of Insolvency Proceedings Pursuant to the Requirement of Section 13 of Law On Insolvency of Enterprises and Capital Companies Regarding Higher Education in the Field of Economics, Management or Finance, and of Para 7 of Transitional Provisions of Insolvency Law with Article 1, Article 91 and Article 106 of the Satversme of the Republic of Latvia
Adjudicated
Normans Karlsons, Armands Apsāns, Egons Baltgailis, Modris Kalniņš, Mareks Krūcis, Edgars Leimanis, Iverta Lerha-Krūce, Eduards Mazūrs, Juris Mičerevskis, Dzintars Risters, Santa Strode, Olafs Švanks, Arnolds Vende, Jurijs Višņakovs un Leonīds Mohovikovs
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22.11.2011.
24.11.2011.
On Compliance of Para 2 of Section 13 of Insolvency Law, Insofar It Applies to Persons Who have Started Their Activities in the Office of the Administrator of Insolvency Proceedings Pursuant to the Requirement of Section 13 of Law On Insolvency of Enterprises and Capital Companies Regarding Higher Education in the Field of Economics, Management or Finance, and of Para 7 of Transitional Provisions of Insolvency Law with Article 1, Article 91 and Article 106 of the Satversme of the Republic of Latvia
Case short name: The Education of Insolvency Administrators
Constitutional Court held:
1) the words “from 1 January 2017” of the first sentence, the words “from 1 January 2017” of the second sentence and the words “from 1 January 2012” of the third sentence of Para 7 of Transitional Provisions of the Insolvency Law do not comply with Article 1 of the Satversme and shall be null and void as from 1 March 2012;
2) Section 13 (1) (2) of the Insolvency Law insofar as it applies to persons who have started working as an insolvency procedure administrator pursuant to the requirement of Section 13 of the Law “On Insolvency of Enterprises and Companies” regarding higher education in economics, management or finance does comply with Article 91 and Article106 of the Satversme of the Republic of Latvia in case if the legislator would amend the terms established in the first, the second and the third sentence of Para 7 of Transitional Provisions of the Insolvency Law before 1 March 2012 by ensuring persons with the possibility to meet the requirement of higher legal education in law within reasonable time frame.
