SAVICKIS AND OTHERS v. LATVIA JUDGMENT
relating to the employment periods in Uzbekistan, Turkmenistan and
Tajikistan (about eight years), which remain excluded (see paragraphs 34-37
above). Finally, the third applicant has spent practically all his life in Latvia,
interrupting his residence there for the duration of his compulsory military
service (about two years) outside Latvia (see paragraphs 25-28 above).
(i) The alleged ground of discrimination
191. In the Andrejeva judgment, cited above, the Court held:
“87. ... The Court notes ... that as a ‘permanently resident non-citizen’, the applicant
is lawfully resident in Latvia on a permanent basis and that she receives a retirement
pension in respect of her employment ‘in Latvia’, that is, for entities based in Latvian
territory. The national authorities’ refusal to take into account her years of employment
‘outside Latvia’ is based exclusively on the consideration that she does not have Latvian
citizenship. It was not disputed in the instant case that a Latvian citizen in the same
position as the applicant, having worked in the same enterprise during the same period,
would be granted the disputed portion of the retirement pension. Moreover, the parties
agreed that if the applicant became a naturalised Latvian citizen she would
automatically receive the pension in respect of her entire working life. Nationality is
therefore the sole criterion for the distinction complained of ...”
192. In the present case, the Court sees no reason to depart from this
conclusion. It appears that in the Latvian legal system the terms “nationality”
and “citizenship” have the same meaning (for an example of interchangeable
use of both terms, see Kurić and Others, cited above). It was clearly stated in
Paragraph 1 of the transitional provisions of the State Pensions Act that the
impugned difference in treatment is between Latvian citizens and other
categories of people – that is, foreign nationals, stateless persons and
“permanently resident non-citizens” of Latvia (see paragraph 66 above). Both
the Constitutional Court in its judgment of 17 February 2011 and the Latvian
Government in its observations before the Court have, in substance,
recognised this, justifying the difference in question by the idea that the State
has to assume particular responsibility for its own citizens. Moreover, as the
respondent Government have pointed out, if the applicants had become
Latvian citizens by way of naturalisation, their pensions would be
recalculated to include the periods of employment and mandatory military
service outside Latvia, and the amount of their pensions would become –
albeit only ex nunc – identical to the amount that Latvian citizens with the
same employment history would receive (see paragraph 172 above).
193. This being so, the Court cannot but reaffirm its earlier conclusion,
reached in the Andrejeva case, namely that “nationality”, or rather the
absence of Latvian citizenship on the applicants’ part, is the sole criterion for
the distinction complained of (see Gaygusuz, cited above, §§ 40 and 47; Koua
Poirrez v. France (no. 40892/98, §§ 41 and 47, ECHR 2003-X); and, mutatis
mutandis, Rangelov v. Germany, no. 5123/07, § 99, 22 March 2012).
Accordingly, very weighty reasons must be adduced to justify a difference in
treatment in such cases. Nonetheless, the specific circumstances of the case
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