On Compliance of Section 4 (1) and Para 2 of Section 20 (1) of “Law on State Social Allowances”, insofar these Apply to Remuneration for Performing the Duties of a Guardian, with Article 91 and Article 109 of the Satversme of the Republic of Latvia
Adjudicated
Augstākā tiesa
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16.05.2019.
20.05.2019.
On Compliance of Section 4 (1) and Para 2 of Section 20 (1) of “Law on State Social Allowances”, insofar these Apply to Remuneration for Performing the Duties of a Guardian, with Article 91 and Article 109 of the Satversme of the Republic of Latvia
Case short name: Benefits for the legal guardian residing abroad
The Constitutional Court held:
to recognise the words “and who permanently reside in the territory of Latvia” of Section 4 (1) of “Law on State Social Allowances” (in the wording that was in force until 6 March 2019) and Para 2 of Section 20 (1) of “Law on State Social Allowances” (in the wording that was in force until 6 March 2019), insofar these apply to performance of the duties of a guardian, as being incompatible with Article 91 and Article 109 of the Satversme of the Republic of Latvia and void with respect to persons, to whom these legal norms had been applied or would have to be applied in the framework of administrative proceedings and who have begun to defend their fundamental rights in the framework of administrative proceedings, as of the moment when the infringement on the fundamental rights of these persons occurred.
