SAVICKIS AND OTHERS v. LATVIA JUDGMENT
B. The Constitutional Court’s initial ruling (2001)
39. The domestic legislation providing for the differences in the
calculation of State pensions on the basis of Latvian citizenship was reviewed
by the Constitutional Court (Satversmes tiesa) in 2001, in proceedings
instituted by twenty members of the Parliament. The Constitutional Court
considered that the contested provision, namely Paragraph 1 of the
transitional provisions of the State Pensions Act, did not concern the right of
property, as the pension entitlements for the respective time periods were
based on the principle of solidarity and did not create a direct link between
the contributions and the amount of pensions. Accordingly, it found that the
contested provision was not at variance with Article 1 of Protocol No. 1 and
did not infringe Article 14 of the Convention. Additionally, the Constitutional
Court pointed out that the distinction made under the domestic law was
objectively justified by the nature and principles of the Latvian pension
system and did not amount to a discrimination within the meaning of the
Constitution. The question of the aggregate periods of employment outside
Latvia prior to 1991 with respect to persons not holding Latvian citizenship
had to be resolved by means of international agreements, and Latvia should
not be required to assume the obligations of another State (for a translation of
the Constitutional Court’s main arguments, see Andrejeva v. Latvia [GC],
no. 55707/00, § 37, ECHR 2009).
C. The Court’s judgment in the Andrejeva case
40. The conformity of Paragraph 1 of the transitional provisions of the
State Pensions Act with Article 1 of Protocol No. 1 and Article 14 of the
Convention was put before the Court in the Andrejeva case, cited above. In
its judgment, the Court started by pointing out that in Stec and Others v. the
United Kingdom ((dec.) [GC], nos. 65731/01 and 65900/01, ECHR 2005-X)
it had abandoned the distinction between contributory and non-contributory
benefits for the purposes of the applicability of Article 1 of Protocol No. 1.
The Government’s argument that, from the standpoint of public international
law, Latvia had not inherited the rights and obligations of the former Soviet
Union as regards welfare benefits, was found to be misconceived in the
instant case, as the Latvian State had decided of its own accord to pay
pensions to individuals in respect of periods of employment outside its
territory, thereby creating a sufficiently clear legal basis in its domestic law.
Accordingly, the presumed entitlement to such benefits fell within the scope
of Article 1 of Protocol No. 1 and rendered Article 14 of the Convention
applicable (ibid., §§ 76-80).
41. Having regard to the conclusions it would reach later in its judgment,
the Court considered it unnecessary to determine whether the domestic
courts’ finding that the fact of having worked for an entity established outside
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