SAVICKIS AND OTHERS v. LATVIA JUDGMENT
reasons in the instant case, especially in the light of the expanded reasoning
adduced by the Constitutional Court in its judgment of 17 February 2011.
203. The Court agrees with the Constitutional Court that upon the
restoration of its independence Latvia was not obliged to assume the
responsibilities of the USSR. Having undergone unlawful occupation and
subsequent annexation, a State is not required to assume the public-law
obligations accrued by the illegally established public authorities of the
occupying or annexing power. Latvia was neither automatically bound by
such obligations based on the Soviet period nor obliged to undertake
obligations emanating from obligations of the occupying or annexing State.
The Court observes, however, that once Latvia had put in place a system of
occupational retirement pensions in 1996 which allowed for periods of
employment accrued outside its territory to be counted towards the pension
for Latvian nationals, it was bound, as from the date on which the Convention
entered into force in respect of Latvia (that is, 27 June 1997), to comply with
Article 14 taken in conjunction with Article 1 of Protocol No. 1.
(β) Considerations relating to the scope of the margin of appreciation
204. Although an overview of the relevant general principles deriving
from the Court’s case-law is presented above (see paragraphs 183-185), and
given that the margin of appreciation to be accorded to the competent national
authorities will vary in the light of the nature of the issues and the seriousness
of the interests at stake, the Court finds it important at the outset to proceed
with a closer analysis of the various relevant considerations to be taken into
account when determining the appropriate scope of the margin of
appreciation in the specific circumstances of the present case. In this regard,
the Court observes the following.
205. The Court has repeatedly held, on the one hand, that in the field of
social security and fiscal matters the margin of appreciation enjoyed by States
must be wide (see paragraph 184 above). On the other hand, it has also
repeatedly held that only “very weighty reasons” could justify a difference in
treatment based exclusively on the grounds of nationality for the purposes of
Article 14 of the Convention, thus indicating a narrow margin and strict
scrutiny by the Court (see Gaygusuz, cited above, § 42; Andrejeva, cited
above, § 87; and Ribać, cited above, § 53). In Stec (cited above, § 52) the
Court set out the requirement of “very weighty reasons”, followed by the
principle of “wide margin” in general measures of economic or social
strategy, including a reference to the test of “manifestly without reasonable
foundation” (see also, albeit in the context of “other status”, Stummer, cited
above, §§ 101 and 109).
206. That being stated, the Court notes, firstly, that while the scope of the
margin of appreciation clearly cannot be the same as regards the adoption of
general measures of economic and social policy and as regards the
introduction, in that context, of differences in treatment based solely on
68
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents