SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
account five specific factors. Four of them relate specifically to the primary
aim of protecting Latvia’s constitutional identity and avoiding retrospective
approbation of the consequences of the Soviet Union’s immigration policy
(see paragraphs 214-17 of the present judgment), the fifth one relates to the
secondary aim of the protection of the economic system of the country (see
paragraph 218 of the present judgment). We will comment on these factors in
turn.
We note that, although the Government invoke the argument of the
bilateral social-security agreements with Belarus and Russia (see
paragraph 175 of the present judgment), the majority do not seem to consider
it useful to rely on the existence of these agreements. Indeed, in Andrejeva
the Court held that such agreements could not absolve Latvia of its
responsibility under Article 14 of the Convention (Andrejeva, cited above,
§ 90; see also Ribać, cited above, § 65). Moreover, bilateral agreements have
not been signed with all of the former Soviet republics (see paragraph 79 of
the judgment), and they do not seem to allow for a retrospective recalculation
of pension entitlement (see paragraphs 80-81 of the present judgment).
VII. FACTORS RELATING TO THE DOCTRINE OF STATE
CONTINUITY AND THE PROTECTION OF LATVIA’S
CONSTITUTIONAL IDENTITY
16. The majority, first of all, observe that the ground for the impugned
difference in treatment “is directly linked with the primary aim which the
Latvian Constitutional Court relied on”. They consider that the preferential
treatment accorded to those possessing Latvian citizenship is “in line with”
that legitimate aim (see paragraph 214 of the present judgment).
We understand that with this the majority argue in substance that the aim
pursued by the legislature could be achieved by the difference in treatment
created by paragraph 1 of the transitional provisions of the State Pensions
Act.
While the appropriateness of a measure is indeed a necessary condition for
its proportionality (see Rasmussen, cited above, § 41, and J.D. and A v. the
United Kingdom, nos. 32949/17 and 34614/17, §§ 99 and 104, 24 October
2019), the question in this case is whether the impugned difference in
treatment was an excessive means to achieve the stated aim.
17. It is uncontested that “during the Soviet occupation, an extensive
influx of civilian workforce and military personnel was artificially organised
into the territory of Latvia as a part of a general Sovietisation and
Russification policy, resulting in a large-scale transfer of population from the
Soviet Union to Latvia” (see the submissions of the Government in paragraph
171 of the judgment). The Government argued “that such population transfers
were prohibited under international law” (ibid.). We do not question that
characterisation. Nor do we underestimate the suffering caused during the
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