SAVICKIS AND OTHERS v. LATVIA JUDGMENT
they complained, the applicants would have had a right to receive the benefit
in question. However, while in most cases this test would be sufficient, it
could not be automatically applied in the present case without taking into
account the specific historical background as set out above. To assert
otherwise would mean completely disregarding the violations of international
law that were committed during and following the occupation of Latvia.
175. Furthermore, contrary to the circumstances in Andrejeva, when the
present application was lodged the bilateral social-security agreements with
Belarus and Russia had already entered in force and the applicants’ retirement
pensions had been recalculated accordingly. According to the respondent
Government, the circumstances in the present case were rather similar to
those of Carson and Others and Tarkoev and Others (both cited above). The
international bilateral agreements on social security entered into by Latvia
were based on a mutual understanding of fundamental principles and were
the result of continued negotiations between the parties involved, in the
course of which the States had sought to identify comparable groups to which
the agreements should apply equally. To concur with the applicants’ position,
challenging the role of the social-security agreements, would not only
disregard the freedom of States to conclude bilateral agreements on social
issues, but would also render all such agreements meaningless. The
respondent Government asked whether two States ought ever to conclude
bilateral agreements on social security if their nationals could enjoy all the
available social benefits on the basis of Article 14 of the Convention without
having to reciprocate.
176. To sum up, the respondent Government concluded that the impugned
difference in treatment was directly based on the doctrine of State continuity
and, by extension, had its roots in general public international law. It had
therefore at least two legitimate aims: protection of Latvia’s economic system
following the restoration of its independence, and respect for the principle of
State continuity and constitutional identity. The impugned measure was also
proportionate to these aims: all residents of Latvia received basic old-age
pensions, irrespective of their citizenship; their pensions were periodically
indexed, the applicants received additional social benefits for housing, health
care and transportation, and their pensions had been recalculated following
the entry into force of several bilateral agreements on social-security matters.
There was indeed no other less restrictive measures to achieve the same
legitimate aim. Accordingly, when adopting the domestic-law provision
relevant in the present case, Latvia had acted within its margin of appreciation
which, in the circumstances of the present case, was wide. The respondent
Government therefore concluded that there had been no violation of
Article 14 of the Convention read in conjunction with Article 1 of
Protocol No. 1.
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