SAVICKIS AND OTHERS v. LATVIA JUDGMENT
criteria for entitlements in the employment-based retirement pension system
were directly linked to the particular historical, economic and demographic
circumstances, that is, the five decades of unlawful occupation and
annexation, and the subsequent, particularly difficult situation prevailing in
the wake of the restoration of Latvia’s independence. In contrast to the case
of Andrejeva, the difference in treatment was limited to periods of
employment completed by the applicants outside Latvia, before they settled
in Latvia or had any other links with that country (see British Gurkha Welfare
Society and Others, cited above, and paragraph 210 above). Only one of the
applicants (the third) had been resident in Latvia prior to the period of military
service at issue.
217. Fourthly, the impugned difference in treatment neither concerns the
applicants’ entitlement to basic pension benefits, accorded under Latvian law
irrespective of the individual’s employment history, nor does it entail any
deprivation, or other loss, of benefits based on financial contributions made
by the applicants in respect of the employment periods in question.
218. Furthermore, with particular regard to the second legitimate aim
pursued (see paragraph 196 above), the Court notes that the Latvian system
of employment pensions at issue was based on social insurance contributions
and functioned according to the principle of solidarity, in the sense that the
total amount of contributions collected was used to fund the current
disbursement of pensions, payable to all the beneficiaries at a given time.
Thus, determining the scope of eligible periods of employment inevitably had
an impact on the level of the benefits and the contributions required to fund
them. The Court considers that these types of trade-offs in social welfare
systems generally call for a wide margin of appreciation. Given the particular
difficulties and the complex policy choices facing the Latvian authorities after
the restoration of independence, the Court cannot but recognise, in its overall
assessment, a substantial degree of deference to be afforded to the
Government (see, mutatis mutandis, Vistiņš and Perepjolkins v. Latvia [GC],
no. 71243/01, § 113, 25 October 2012).
219. In sum, the Court accepts, in the light of all the above circumstances
and the respective margin of appreciation, that the impugned difference in
treatment was consistent with the legitimate aims pursued and that the
grounds relied upon by the Latvian authorities to justify it can be deemed to
amount to very weighty reasons.
(v) Conclusion
220. In view of all the above considerations, the Court considers that in
the specific circumstances of the present case the respondent State has not
overstepped its margin of appreciation with regard to the applicants. The
Court thus finds that it must reach a different conclusion from that of the
Andrejeva case (see, a contrario, Martinie, cited above § 54).
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