SAVICKIS AND OTHERS v. LATVIA JUDGMENT
Consequently, the difference in treatment when calculating pensions for citizens
and [“permanently resident non-citizens”] of Latvia has objective and reasonable
grounds.”
56. Further, referring to the Court’s case-law in Carson and Others v. the
United Kingdom ([GC], no. 42184/05, § 88, ECHR 2010), and Andrejeva,
cited above, the Constitutional Court noted the importance of international
agreements in the area of social security. Latvia was not required to assume
the obligations of another State and to insure persons with retirement
pensions for periods of work accomplished in that State. Latvia could not
oblige the taxpayers of the new pension scheme to resolve issues that fell to
be determined by international agreements. Latvia had in fact concluded such
agreements with several countries, envisaging mutual recognition of periods
of employment for inclusion in calculating State pensions. The Constitutional
Court referred to the agreements with the United States of America (in force
since 5 November 1992), Lithuania (in force since 31 January 1995), Estonia
(in force since 29 January 1997, replaced by a new agreement in force since
1 September 2008), Ukraine (in force since 11 June 1999), Finland (in force
since 1 June 2000), Norway (in force since 18 November 2004), the
Netherlands (in force since 1 June 2005), Canada (in force since 1 November
2006), Belarus (in force since 28 September 2010) and Russia (in force since
19 January 2011).
57. The Constitutional Court continued:
“14. ... The agreements concluded with the States which were formed after the
collapse of the USSR show that these States have a similar understanding of the rights
and obligations in the area of social law with respect to the period of occupation by the
USSR. All these agreements are different; they reflect the outcome of negotiations
between different States and regulate situations that have formed as a result of different
historical, economic and political circumstances (see Tarkoev and Others v. Estonia,
nos. 14480/08 and 47916/08, § 53, 4 November 2010). When concluding these
agreements, the States have taken into account the historical context in which Latvia
created its pensions system following the restoration of its independence.”
58. The Constitutional Court then noted that, with respect to the fourth
applicant, the Latvia-Belarus Social Security Agreement was to be taken into
account in calculating her pension, whereas the employment period accrued
in Germany would be included in any calculation based on European Union
law. In addition, with respect to the first, third, fourth, and fifth applicants,
the periods of employment and of compulsory military service were to be
included in the calculation, on the basis of the Latvia-Russia Social Security
Agreement which had taken effect on 19 January 2011.
59. The Constitutional Court then observed that the applicants, similarly
to the applicants in the case of Tarkoev and Others v. Estonia (nos. 14480/08
and 47916/08, 4 November 2010), wished to expand their rights with respect
to the amount of pension granted, but this desire was not justified. The
applicants had not been deprived of the pension or of any other social security
payments and, in case of need, they were entitled to receive other social
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