SAVICKIS AND OTHERS v. LATVIA JUDGMENT
services and benefits. Accordingly, the difference in treatment was justified
and proportionate, and the contested provision was therefore compatible with
Article 14 of the Convention, read in conjunction with Article 1 of Protocol
No. 1, as well as with Article 91 of the Constitution.
RELEVANT LEGAL FRAMEWORK AND PRACTICE
I. DOMESTIC LAW
A. Constitutional provisions
60. On 4 May 1990, the Supreme Council of the “Latvian SSR” adopted
the Declaration on the Restoration of Independence of the Republic of Latvia
(Deklarācija “Par Latvijas Republikas neatkarības atjaunošanu”). It was
noted in its Preamble that the establishment of the State of Latvia had been
proclaimed on 18 November 1918, that in 1920 Latvia had been
internationally recognised, and that in 1921 it had become a member of the
League of Nations. It was further noted in the Preamble that:
“Hence, according to international law, the incorporation of Latvia into the Soviet
Union is invalid. Accordingly, the Republic of Latvia continues to exist de jure as a
subject of international law, and it is recognised as such by more than 50 nations of the
world.”
61. The operative provisions of the Declaration of 4 May 1990 read as
follows:
“The Supreme Council of the Latvian SSR decides:
(1) in recognition of the supremacy of international law over the provisions of
national law, to consider illegal the Pact of 23 August 1939 between the USSR and
Germany and the subsequent liquidation of the sovereignty of the Republic of Latvia
through the USSR’s military aggression on 17 June 1940;
(2) to declare null and void the Declaration by the Parliament [Saeima] of Latvia,
adopted on 21 July 1940, on Latvia’s integration into the Union of Soviet Socialist
Republics;
(3) to restore the legal effect of the Constitution [Satversme] of the Republic of
Latvia, adopted on 15 February 1922 by the Constituent Assembly [Satversmes
sapulce], throughout the entire territory of Latvia. The official name of the Latvian State
shall be the REPUBLIC of LATVIA, abbreviated to LATVIA;
(4) to suspend the Constitution of the Republic of Latvia pending the adoption of a
new version of the Constitution, with the exception of those Articles which define the
constitutional and legal foundation of the Latvian State and which, in accordance with
Article 77 of the same Constitution, may only be amended by referendum, namely:
Article 1 – Latvia is an independent and democratic republic.
Article 2 – The sovereign power of the State of Latvia is vested in the Latvian people.
Article 3 – The territory of the State of Latvia, as established by international
agreements, consists of Vidzeme, Latgale, Kurzeme and Zemgale.
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