SAVICKIS AND OTHERS v. LATVIA JUDGMENT
criteria such as nationality, the Court finds it reasonable to consider that in a
field where a wide margin is, and must be, granted to the State in formulating
general measures, even the assessment of what may constitute “very weighty
reasons” for the purposes of the application of Article 14 may have to vary in
degree depending on the context and circumstances.
207. In its case-law, the Court has previously acknowledged that there
may be valid reasons for giving special treatment to those whose link with a
country stems from birth within it or who otherwise have a special link with
a country (see Abdulaziz, Cabales and Balkandali v. the United Kingdom,
28 May 1985, § 88, Series A no. 94, and Ponomaryovi v. Bulgaria,
no. 5335/05, §§ 54-56, ECHR 2011). Thus, in Abdulaziz, Cabales and
Balkandali, the Court accepted a measure whereby the United Kingdom
(where, for historical reasons, several categories of “nationality” exist, with
differences in the legal position notably regarding rights of entry and
residence) restricted family reunification rights between spouses in respect of
certain “nationals”, depending on where the spouse already resident in the
country had been born.
208. In the present case, the Court notes in particular that the special status
of “permanently resident non-citizens” was created by the Latvian legislature
following the restoration of Latvia’s independence with a view to addressing
the consequences of a situation which had arisen from an occupation and
subsequent annexation in breach of international law (see paragraphs 105-106
above).
209. Another factor to be taken into account with regard to the scope of
the margin of appreciation is the specific temporal scope and context of the
impugned measure. In this regard, it is important to underline that the sole
issue in the present case concerns a difference in treatment which was
introduced when the Latvian system of employment pensions was set up and
which concerns only periods of employment completed outside the territory
of Latvia in the period prior to the restoration of Latvia’s independence.
210. The Court therefore notes that the present case must be distinguished
from that of Luczak v. Poland (no. 77782/01, ECHR 2007-XIII). In that case,
the applicant was refused admission to the farmers’ social-security scheme
on account of his nationality. Thus, he was prevented from obtaining and
contributing to social cover for future periods of occupational activity as a
farmer in the respondent State. By contrast, the issue in the present case
concerns past periods of employment, completed outside the respondent State
before the introduction of the occupational pension scheme. In this regard, it
can be noted that the Court has previously accepted a difference in treatment
based on nationality for reasons relating to the date from which the applicants
developed ties with the respondent State (see British Gurkha Welfare Society
and Others, cited above, §§ 84-85). The Court notes that in that case the
applicants were Nepalese Gurkha soldiers whose pension entitlements were
significantly lower than those of British soldiers with whom the Gurkhas had
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