Judgment - Satversmes tiesa

from the Guarantee Fund, whilst from 1 January 2005 claims have been satisfied at full
extent. The right of employees to protection in case of insolvency of the employer, in
fact, have not been amended since 1 January 2005. Consequently, persons did have
legitimate, grounded and reasonable trust into exercise of the particular rights.
Consequently, the legal regulatory framework, in fact, was definite and
unchanging enough.
17. When assessing the extent at which legal security of persons should be
safeguarded, it should be taken into consideration whether the legal norm that has
conferred the particular rights has already been applied to the persons. The extent of
safeguarding of legal security differs depending on the fact whether a person has trusted
into already conferred rights or those to be conferred (see: Judgment of
26 November 2009 by the Constitutional Court in the case No. 2009-08-01, Para 25).
When assessing whether the contested regulatory framework infringes or not
legitimate trust of persons whose applications for satisfying their claims submitted to the
Insolvency Administration before coming into force of the contested regulatory
framework, namely, 10 July 2009, it is important to determine the date when persons
were granted the right to satisfying their claims from resources of the Guarantee Fund.
Pursuant to the Insolvency Law, creditors’ claims are submitted only after initiation
of insolvency procedure. However, the administrator decides on recognition and inclusion
of the above mentioned claims into the claim registry. After having performed respective
actions, the administrator, based on Section 10 of the Employees Protection Law, submits
an application to the Insolvency Administration that adopts the final decision regarding
satisfaction of the claims. Consequently, the right to disbursement of a certain sum from the
Guarantee Funds is granted only after the Insolvency Administration has adopted a
respective decision.