SAVICKIS AND OTHERS v. LATVIA JUDGMENT
Article 14
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as ... national or social origin,
association with a national minority ... birth or other status.”
Article 1 of Protocol No. 1
“1. Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State to
enforce such laws as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other contributions or
penalties.”
108. The respondent Government contested that argument, while the
Russian Government as the third-party intervener supported it.
A. Admissibility
1. Compatibility ratione personae
(a) The parties’ arguments
109. The respondent Government submitted that under Article 1 of the
Convention Latvia could not be held responsible for the employment periods
during which the applicants had resided and worked in various republics of
the former USSR, but not in Latvia. The applicants’ claims concerned matters
that could not be attributed to the Government of Latvia and manifestly fell
outside its jurisdiction. In this regard, the Government emphasised the fact
that the periods of employment contested by the applicants had been accrued
while working for enterprises located in different parts of the former USSR,
where, contrary to the circumstances in the Andrejeva case, they had worked
for most of their lives, thereby investing in the economy and development of
the respective foreign countries. The applicants invoked Latvia’s
responsibility and jurisdiction for the entirety of their periods of employment
only because they had spent the last years of their employment in Latvia. The
claims adduced against Latvia manifestly contradicted the “generally
accepted praxis” of States concerning retirement pension entitlements.
110. The respondent Government recognised that in the Andrejeva case,
the objection ratione personae had been dismissed. However, in the present
case, the applicants had not de facto resided in Latvia during the periods
which they had asked to be included in the calculation. The respondent
Government considered that the Court should follow the same approach it
had taken in the case of Likvidējamā p/s Selga and Vasiļevska v. Latvia (dec.),
cited above, where it had held that in the circumstances of the case Latvia
could not incur responsibility under the Convention in relation to actions
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