SAVICKIS AND OTHERS v. LATVIA JUDGMENT
becoming stateless persons, Latvia created the status of “permanently resident
non-citizens”. The respondent Government emphasised that the status of
“permanently resident non-citizen” had been intended as a temporary status,
and that its holders were expected to eventually obtain either Latvian
citizenship or that of another State. In that respect, the respondent
Government further explained that after 1994, when the Citizenship Act was
adopted, “permanently resident non-citizens” became eligible to acquire
Latvian citizenship by way of naturalisation. The requirements for
naturalisation included knowledge of the Latvian language, of the basic
principles of the Latvian Constitution and of the national anthem, and the
basic facts of Latvia’s history and culture, and swearing an oath of loyalty to
the Republic of Latvia. The applicants could have applied to acquire Latvian
citizenship, but had never attempted to do so, and had provided no
explanation for their decision. The respondent Government explained that if
the applicants were to become Latvian citizens, their pensions would be
recalculated to include the periods of employment and mandatory military
service in the former USSR outside Latvia. However, they had freely decided
not to avail themselves of this opportunity, and the fifth applicant had opted
for the nationality of the Russian Federation.
173. The respondent Government recognised that in the Andrejeva case
the Court had found a violation of Article 14 of the Convention taken together
with Article 1 of Protocol No. 1. However, in the light of the foregoing, they
considered that this finding had to be understood as based on the decisive fact
that, during all the disputed periods, the applicant in that case had resided and
worked in the territory of Latvia, forming legal and factual ties with Latvia
only. In the present case, however, during the disputed years the applicants
had worked or performed their mandatory military service in Russia, Ukraine,
Belarus, Turkmenistan, Tajikistan, or Azerbaijan, creating no ties with Latvia
in respect of these periods. Thus, while the applicant in the Andrejeva case
had worked in the territory of Latvia, the applicants in the present case had
not. They had not only been physically employed in the territory of another
republic of the former USSR, but their residence had also been officially
registered there. Moreover, the central issue in the Andrejeva case was the
definition of the concept of “employment in Latvia”, which was not at stake
here. In the present case, there was no dispute concerning the fact that the
applicants had not lived and resided in Latvia during the years in question.
Therefore, unlike in Andrejeva, they could not have had any legitimate
expectations that they would receive a pension for the contested periods of
employment. The respondent Government concluded that the applicants were
in a substantially different situation from that of the applicant in the
Andrejeva case.
174. The respondent Government also recognised that, according to the
Court’s case-law, the relevant test for the application of Article 14 of the
Convention was whether, but for the condition of entitlement about which
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