SAVICKIS AND OTHERS v. LATVIA JUDGMENT they complained, the applicants would have had a right to receive the benefit in question. However, while in most cases this test would be sufficient, it could not be automatically applied in the present case without taking into account the specific historical background as set out above. To assert otherwise would mean completely disregarding the violations of international law that were committed during and following the occupation of Latvia. 175. Furthermore, contrary to the circumstances in Andrejeva, when the present application was lodged the bilateral social-security agreements with Belarus and Russia had already entered in force and the applicants’ retirement pensions had been recalculated accordingly. According to the respondent Government, the circumstances in the present case were rather similar to those of Carson and Others and Tarkoev and Others (both cited above). The international bilateral agreements on social security entered into by Latvia were based on a mutual understanding of fundamental principles and were the result of continued negotiations between the parties involved, in the course of which the States had sought to identify comparable groups to which the agreements should apply equally. To concur with the applicants’ position, challenging the role of the social-security agreements, would not only disregard the freedom of States to conclude bilateral agreements on social issues, but would also render all such agreements meaningless. The respondent Government asked whether two States ought ever to conclude bilateral agreements on social security if their nationals could enjoy all the available social benefits on the basis of Article 14 of the Convention without having to reciprocate. 176. To sum up, the respondent Government concluded that the impugned difference in treatment was directly based on the doctrine of State continuity and, by extension, had its roots in general public international law. It had therefore at least two legitimate aims: protection of Latvia’s economic system following the restoration of its independence, and respect for the principle of State continuity and constitutional identity. The impugned measure was also proportionate to these aims: all residents of Latvia received basic old-age pensions, irrespective of their citizenship; their pensions were periodically indexed, the applicants received additional social benefits for housing, health care and transportation, and their pensions had been recalculated following the entry into force of several bilateral agreements on social-security matters. There was indeed no other less restrictive measures to achieve the same legitimate aim. Accordingly, when adopting the domestic-law provision relevant in the present case, Latvia had acted within its margin of appreciation which, in the circumstances of the present case, was wide. The respondent Government therefore concluded that there had been no violation of Article 14 of the Convention read in conjunction with Article 1 of Protocol No. 1. 59

Select target paragraph3