SAVICKIS AND OTHERS v. LATVIA JUDGMENT
2. Submissions of the third-party intervener
177. The Russian Government considered that the very existence of the
status of “permanently resident non-citizen” fell foul of the basic standards
of the Convention, the bearers of this status being systematically
discriminated against in many areas, including that of social and economic
rights.
178. The Russian Government further explained that the USSR had been
a unified formation. Soviet citizens had been entitled to travel all over the
territory of the USSR, often not by their own choice but as a result of
compulsory job placement by the State authorities. Taking into account the
State-guaranteed pension support that had existed in the USSR for many
years, they had had a reasonable expectation that their labour records would
be valid throughout the entire territory of their country, that is, the Soviet
Union. In these circumstances, the difference in the amount of pension paid
to citizens and to non-citizens was obviously unfair and discriminatory.
179. According to the Russian Government, the present case was
substantially similar to Andrejeva, cited above, and ought to be determined in
the same manner. As to the bilateral agreements on social matters concluded
by Latvia with some former republics of the USSR, the Russian Government
considered that these were not an adequate solution to the problem in issue,
since none of these agreements allowed for a retrospective payment of
pensions. Moreover, such agreements had been concluded by Latvia with
only five out of the fourteen other former Soviet republics, and “permanently
resident non-citizens” who had worked in other parts of the former Soviet
Union could not have the amounts of their pensions recalculated accordingly.
In this connection, the Russian Government specifically referred to the
opinions of the ECRI and the Advisory Committee on the FCNM (see
paragraphs 87-89 above).
3. The Court’s assessment
(a) General principles
180. The Court reiterates at the outset that Article 1 of Protocol No. 1 does
not guarantee as such any right to a pension of a particular amount, any right
to a pension in respect of activities carried out in a State other than the
respondent State, and, indeed, any right to a pension at all. If, however, a State
does decide to create a pension scheme, it must do so in a manner which is
compatible with Article 14 of the Convention (see Stec and Others v. the
United Kingdom [GC], nos. 65731/01 and 65900/01, § 53, ECHR 2006-VI,
and Andrejeva, cited above, § 77).
181. In the enjoyment of the rights and freedoms guaranteed by the
Convention, Article 14 affords protection against different treatment, without
an objective and reasonable justification, of persons in relevantly similar
situations (see, among many other authorities, Burden v. the United Kingdom
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