SAVICKIS AND OTHERS v. LATVIA JUDGMENT Article 14 of the Convention taken in conjunction with Article 1 of Protocol No. 1 to the Convention. D. The applicants’ requests subsequent to the Andrejeva judgment 1. Requests for administrative review 44. On 14 August 2009, following the delivery of the judgment in the Andrejeva case, the first, second, fourth, and fifth applicants applied to the State Social Insurance Agency seeking a recalculation of their pensions and the inclusion of the employment and equivalent periods accrued in the territory of the former USSR outside Latvia, as well as compensation for the pecuniary damage sustained. As these requests were refused, the applicants brought proceedings before the administrative courts, seeking the reopening of the administrative proceedings related to their claims. 45. By final decisions of 20 November 2009, 27 November 2009, and 16 December 2009 the District Administrative Court (Administratīvā rajona tiesa) dismissed the applicants’ requests. The District Administrative Court declared that the Court’s judgment had been adopted only in respect of Ms Andrejeva; conversely, no similar judgments had been given by the Court with respect to any of the applicants in the present case. Furthermore, reopening could not be based on an alleged change in the legal circumstances, as the State had a margin of appreciation in deciding how to execute the Strasbourg Court’s judgment. In particular, the District Administrative Court pointed out that draft amendments to the State Pensions Act were pending before Parliament and had been adopted at first reading. These amendments proposed that the insurance periods accrued outside the territory of Latvia be excluded from the calculation of pensions in respect of both Latvian citizens and “permanently resident non-citizens”. The explanatory note to the draft amendments argued that the Andrejeva judgment could be executed either by including those periods in the calculation with respect to both of these groups or by excluding them from the calculation entirely. As the inclusion of these periods in the calculation of pensions for “permanently resident non-citizens” was seen as contradicting the doctrine of continuity of the Latvian State despite its occupation or annexation by foreign powers, a complete exclusion was proposed. In view of these circumstances, the District Administrative Court considered that only following the legislative amendments would it be possible to speak of a change in legal circumstances warranting or justifying the reopening of the administrative proceedings. 2. The Constitutional Court’s review (a) Application before the Constitutional Court 46. On 5 March 2010, relying on the Court’s judgment in Andrejeva, the first, second, fourth, and fifth applicants lodged an application with the 10

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