A case initiated with regard to annulling the certificate of an administrator of insolvency proceedings
On 11 January 2016 the 2nd Panel of the Constitutional Court initiated the case “On Compliance of Section 17(31) of the Insolvency Law with the First Sentence in Article 106 of the Satversme of the Republic of Latvia”.
The Contested Norm
The contested norm of the Insolvency Law provides: “A decision on the annulment of an administrator’s certificate shall be taken if during the last two years of the validity of the administrator’s certificate the Insolvency Administration has identified violations of legal acts in the operations of the administrator twice.”
The Norm of Higher Legal Force
The first sentence in Article 106 of the Satversme: “Everyone has the right to freely choose their employment and workplace according to their abilities and qualifications.”
The Facts
The case has been initiated on the basis of a constitutional complaint submitted by Zigurds Aumeisters. Zigurds Aumeisters is an administrator of insolvency proceedings, however, his certificate has been annulled pursuant with the contested norm. The submitter of the complaint notes that in his operations as an administrator he has not committed significant violations of legal acts. The submitter of the complaint holds that the contested norm places disproportional restrictions upon his right to freely choose his employment and workplace according to his abilities and qualifications.
Legal Proceedings
The Constitutional Court has requested the Saeima to provide a reply on the facts of the case and legal substantiation by 11 March 2016.
The term for preparing the case is 11 June 2016. The Court shall decide upon the procedure and the date for hearing the case after the case has been prepared.
Linked case: 2016-02-01