SAVICKIS AND OTHERS v. LATVIA JUDGMENT
the applicants’ complaints, declaring that the Andrejeva judgment did not
warrant a reopening of their cases. On 5 March 2010 the applicants applied
to the Constitutional Court, petitioning it to overrule and overturn its previous
approach in relation to Paragraph 1 of the transitional provisions of the State
Pensions Act (defined in 2001), and to make a new judgment on the basis of
the Grand Chamber judgment in Andrejeva. The Constitutional Court
delivered a judgment on the merits of the applicants’ arguments (including
the circumstances of each individual case) on 17 February 2011.
136. In the Court’s view, the applicants’ requests for reopening of the
administrative proceedings before the District Administrative Court and the
subsequent individual complaint before the Constitutional Court must be
regarded as a single set of proceedings, ultimately aimed at obtaining the
recalculation of their pensions following the Court’s judgment in the
Andrejeva case. It is true that the applicants remained passive for a long time
after the initial calculation of their pensions. However, the Court accepts that
they could have believed, realistically and in good faith, that their legal
situation had changed after the delivery of the Andrejeva judgment, which
they considered as giving them a fresh opportunity to obtain a recalculation
of their pensions – either immediately, or, if need be, after a formal
invalidation of the impugned legal provision by the Constitutional Court. This
was especially so because, unlike the Constitutional Court in its judgment of
17 February 2011, the Andrejeva judgment expressly refused to attribute a
decisive role to the distinction between working in the territory of Latvia or
outside it (ibid., § 85). What this Court considers decisive is the fact that the
Constitutional Court did indeed consider the applicants’ constitutional
complaints to be procedurally admissible under domestic law, agreed to
examine them on the merits, and gave a meticulously reasoned judgment
addressing the same human-rights issues that the applicants are now bringing
before this Court (see, mutatis mutandis, Schmidt, cited above, §§ 68-71).
137. In consequence, in the particular circumstances of the present case,
the Court considers that the judgment of the Constitutional Court of
17 February 2011 was indeed the “final decision” for the purposes of
Article 35 § 1, and that the six-month time-limit has to be counted from the
date of its delivery. The present application, lodged with the Court on
4 August 2011, has therefore been submitted within the six months following
the latter date. For this reason, the respondent Government’s objection must
be dismissed.
4. Objections with respect to specific applicants
(a) The second applicant
(i) The parties’ arguments
138. The respondent Government argued that the second applicant’s
reopening request, brought before the administrative courts, had only
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