SAVICKIS AND OTHERS v. LATVIA JUDGMENT
USSR and they had had no expectation that Latvia would assume
responsibility for those periods. Therefore, the applicants could not claim that
the Latvian domestic law or practice had ever created any legitimate
expectation that Latvia would assume responsibility for the payment of
retirement pensions for work carried out under the jurisdiction of other States.
Nor had such an expectation been created by the Court’s judgment in
Andrejeva, given that the Court’s ruling had been based on the individual
circumstances of that specific case.
(ii) The applicants
118. The applicants noted that this objection had already been dismissed
by the Grand Chamber in the case of Andrejeva, cited above. They pointed
out that Paragraph 1 of the transitional provisions of the State Pensions Act
had created an entitlement to a retirement pension in respect of the
employment and equivalent periods accrued prior to 1991 in the territory of
the former USSR, but had reserved this right to the citizens of Latvia. By
virtue of this provision the applicants had been refused a pension for those
periods solely because they did not have Latvian citizenship. Had the
applicants been Latvian citizens, the respective employment and equivalent
periods accrued in the territory of the former USSR would be taken into
account in calculating their “insurance period”, which was subsequently used
to determine the entitlement to state pensions and the amount thereof. Hence,
the applicants’ pecuniary interests fell within the scope of Article 1 of
Protocol No.1, which rendered Article 14 applicable.
(b) The Court’s assessment
119. As a preliminary point, the Court reiterates that, as the question of
applicability of a particular provision of the Convention or its Protocols is an
issue of the Court’s jurisdiction ratione materiae, the general rule of dealing
with applications should be respected and the relevant analysis should be
carried out at the admissibility stage unless there is a particular reason to join
this question to the merits. No such particular reason exists in the present case
and the issue of the applicability of Article 14 of the Convention, read in
conjunction with Article 1 of Protocol No. 1, falls therefore to be decided at
the admissibility stage (see Popović and Others v. Serbia, nos. 26944/13 and
3 others, § 46, 30 June 2020, and, mutatis mutandis, Denisov v. Ukraine [GC],
no. 76639/11, § 93, 25 September 2018).
120. The Court reiterates that Article 14 of the Convention complements
the other substantive provisions of the Convention and its Protocols. It has no
independent existence since it has effect solely in relation to “the enjoyment
of the rights and freedoms” safeguarded thereby. Although the application of
Article 14 does not presuppose a breach of those provisions – and to this
extent it is autonomous – there can be no room for its application unless the
42