SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
CONCURRING OPINION OF JUDGE WOJTYCZEK
I fully agree with both the outcome and the main line of the reasoning in
the instant case.
I should merely like to note that the reasoning of the Court becomes even
more persuasive if it is viewed from the broader perspective of international
law. The relevant international-law context has been explained in detail in the
brilliant and powerful dissenting opinion of Judge Ziemele in the case of
Andrejeva v. Latvia ([GC], no. 55707/00, ECHR 2009). I note, in particular,
the following conclusion formulated by her (in point 25 of her opinion):
“In sum, there was no obligation under international law to take any responsibility for
the years of employment accrued under the Soviet Union unless and until this was
agreed through inter-State negotiations. However, in the special context of illegal
annexation (see point 26 below), citizens of the injured State had a strong expectation
that they would not have to suffer any more than they already had and that this might
as well translate into their right to pension advantages. In other words, there is nothing
unreasonable in the fact that after long years spent under an unlawful totalitarian regime
the independent legislature decided to reward the citizens.”
I agree with this, and with the other views expressed by Judge Ziemele in
her dissenting opinion. It is not necessary to add anything here, as everything
has been said there, and has been said so well.
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