SAVICKIS AND OTHERS v. LATVIA JUDGMENT
are to be taken into account in determining the scope of the respondent State’s
margin of appreciation.
(ii) Whether the applicants are in a relevantly similar situation to that of Latvian
citizens
194. According to the respondent Government, for the purposes of the
present case, the applicants are not in a relevantly similar or comparable
situation to that of Latvian citizens: the latter are in a special relationship of
loyalty, allegeance and mutual obligations with the Latvian State, which,
accordingly, has a special responsibility with regard to them, whereas the
former group, transferred to Latvia as a result of demographic policies
imposed by an occupying power in violation of international law, do not
possess such special ties. From this perspective, if the Latvian legislature has
decided to grant them pensions on the account of their employment during
the Soviet regime in the Latvian territory, this was a reasonable bonus based
on the fact that, to the extent that they had worked in Latvia, they had also
contributed to that country’s economic development (see paragraphs 170-171
above). On the other hand, the applicants’ position can be understood as
emphasising the identical factual nature of their position and that of a Latvian
citizen with a similar employment history; in other words, having or not
having Latvian nationality is the only objective difference between them (see
paragraph 159 above). Like the applicants, the third-party intervener
emphasised the equal status of all former Soviet citizens with regard to labour
and pension benefits during the Soviet period (see paragraph 178 above).
195. The Court finds it sufficient at this stage of its examination to note
that, with regard to the calculation of their retirement pensions within the
Latvian system of occupational pensions, the applicants can be considered to
be in a relevantly similar situation to persons with the same employment
history but possessing Latvian citizenship. Accordingly, the Court will
proceed with an assessment of whether the difference in treatment pursued
one or more legitimate aims and whether it was proportional in the light of
those aims.
(iii) The legitimacy of the aims pursued
196. Drawing on the Constitutional Court’s judgment of 17 February
2011, the respondent Government stated that the difference in treatment
established by Paragraph 1 of the transitional provisions of the State Pensions
Act, instituting the impugned difference in treatment between Latvian
citizens and other categories of persons, pursued not one but two aims:
namely, protecting the economic system of the country, and safeguarding the
constitutional identity of the State by implementing the doctrine of State
continuity, the latter aim being more important than the former.
197. In the Andrejeva case, cited above, the Court held:
65