SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
3. In the present case, there are no good reasons to depart from the
findings in Andrejeva v. Latvia, which has served as a precedent for the
Court’s interpretation of Article 14 of the Convention, taken in conjunction
with Article 1 of Protocol No. 1, for more than a decade. None of the reasons
indicated by the majority, which are smiliar to those submitted by the
Government in Andrejeva, render the impugned difference of treatment
compatible with the requirements of Article 14 of the Convention. This is
even more so since thirteen years have passed since the judgment in
Andrejeva was adopted, during which the economic and transitional reasons
advanced by the Government have become even less cogent to justify a
difference in treatment based solely on nationality (for the same conclusion,
see the other dissenting opinion, paragraph 12).
II. ARTICLE 14 OF THE CONVENTION: VERY WEIGHTY REASONS
FOR DE JURE DISTINCTIONS BASED ON NATIONALITY
A. Socio-economic context
4. According to the Court’s established case-law, very weighty reasons
have to be put forward before the Court can regard a difference in treatment
based exclusively on the ground of nationality as compatible with the
Convention (see Gaygusuz v. Austria, 16 September 1996, § 42, Reports of
Judgments and Decisions 1996-IV; Koua Poirrez v. France, no. 40892/98,
§ 46, ECHR 2003-X; Andrejeva, cited above, § 87; and Luczak v. Poland,
no. 77782/01, § 52, 27 November 2007). This also applies in the context of
Article 1 of Protocol No. 1 (ibid.). Although the margin of appreciation
accorded to States in the context of general measures of economic or social
policy is, in principle, wide, given their ability to appreciate what is in the
public interest on social or economic grounds and their direct knowledge of
their society and its needs, such measures must nevertheless be implemented
in a manner that does not violate the prohibition of discrimination as set out
in the Convention and complies with the requirement of proportionality (see
J.D. and A v. the United Kingdom, nos. 32949/17 and 34614/17, § 88,
24 October 2019; Luczak, cited above, § 52; Fábián v. Hungary [GC],
no. 78117/13, § 115, 5 September 2017, with further references). Among
other areas, this general rule applies also in pension matters (see Stec and
Others v. the United Kingdom [GC], nos. 65731/01 and 65900/01, § 55,
ECHR 2006-VI, and Jurčić v. Croatia, no. 54711/15, § 64, 4 February 2021).
5. The Court explained in J.D. and A v. the United Kingdom that in the
context of economic or social policy it had limited its acceptance to respect
the legislature’s policy choice as not “manifestly without reasonable
foundation” to circumstances where an alleged difference in treatment
resulted from a transitional measure forming part of a scheme carried out in
order to correct an inequality (see J.D. and A. v. the United Kingdom, cited
91
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