SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
adopted on 4 December 2018, §§ 55-56, quoted in paragraph 88 of the present
judgment).
The presence in Latvia of those who would become non-citizens was
primarily a result of the vicissitudes of history. When they came to live in
Latvia, the territory was part of the Soviet Union and it is uncontested that,
following the Soviet annexation in 1940 and unlawful occupation since then,
the authorities relentlessly pursued a semi-official policy of Russification (see
the recent report of the Venice Commission on amendments to the legislation
on education in minority languages in Latvia, 18 June 2020,
CDL-AD(2020)012; see also paragraph 17 below). Representative of other
non-citizens, “some of [the applicants] arrived at a young age, others shortly
before the restoration of Latvia’s independence in 1990-91” (see
paragraph 18 of the present judgment). They all continued to build their lives
in Latvia after the restoration of Latvia’s independence. They were at all
times, and still are, lawful residents of Latvia. Indeed, to borrow the words of
another Court judgment regarding non-citizens, Latvia is the country “where
they had developed ... the network of personal, social and economic relations
that make up the private life of every human being” (see Slivenko v. Latvia
[GC], no. 48321/99, § 96, ECHR 2003-X).
3. Like Andrejeva v. Latvia, the present case is about the treatment
reserved to permanently resident non-citizens in relation to their retirement
pensions under the State Pensions Act of 1995.
While, as a rule, the amount of the pension is based on the period during
which the entitled person, the employer, or both have paid contributions to
the pension system (see paragraph 65 of the judgment), years of employment
under the Soviet regime, for which evidently no contributions were paid to
the as yet unestablished Latvian pension system, are, under certain
conditions, taken into account as well. These conditions are set out in
paragraph 1 of the transitional provisions of the Act (see paragraphs 66-67 of
the present judgment).
We agree with the majority that, “from the point of view of Convention
law”, there would be no objection “to a policy generally excluding periods of
employment accrued while individuals were residing and working outside the
Latvian territory” (see paragraph 201 of the present judgment). However,
when establishing its pension scheme in 1995, Latvia took the decision to
take such periods of work into account. Although Article 1 of Protocol No. 1
does not include the right to receive a social-security payment of any kind, if
a State does decide to create a benefits scheme, it must do so in a manner
which is compatible with Article 14 (see Stec and Others v. the United
Kingdom (dec.) [GC], nos. 65731/01 and 65900/01, § 55, ECHR 2005-X,
quoted in Andrejeva, cited above, § 79, in turn quoted in paragraph 121 of the
present judgment).
Paragraph 1 of the transitional provisions lists twelve periods equivalent
to employment. For citizens, periods of employment and all twelve equivalent
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