SAVICKIS AND OTHERS v. LATVIA JUDGMENT
(iv) The proportionality of the difference in treatment
(α) Preliminary considerations
200. The Court reiterates at the outset that it has in the past examined
several cases concerning the obligations of the successor States to the former
Yugoslavia as regards individual patrimonial rights and interests after the
disintegration of that State (see, for example, Kurić and Others, cited above,
and Kovačić and Others v. Slovenia ([GC], nos. 44574/98 and 2 others,
3 October 2008). However, it considers that the rules and principles of
international law concerning State succession in pension matters are of little
or no use for the purposes of the present case, as the official and consistent
legal position of Latvia is based on the doctrine of State continuity, in the
sense of a firm and coherent denial of any link of State succession between
the former Soviet Union and the Latvian State.
201. The Court also reiterates that there is no right under Article 1 of
Protocol No. 1 taken alone to receive a social security benefit or pension
payment of any kind or amount, unless national law provides for such an
entitlement (see, for example, Damjanac v. Croatia, no. 52943/10, § 87,
24 October 2013). Furthermore, given that the Latvian legislature has decided
to grant occupational retirement pensions for the work performed during the
historical period in question, the Court perceives no reasonable objection,
from the point of view of Convention law, to a policy generally excluding
periods of employment accrued while individuals were residing and working
outside the Latvian territory. The core issue in the present case, however, is
not whether the legitimate aims pursued by Latvia can justify not granting
pensions at all, or granting them for the periods of work done in Latvia only,
but whether they can justify the difference made in this regard between those
holding Latvian citizenship and those holding the status of “permanently
resident non-citizens”, and whether there is sufficient justification for this
difference in treatment in the light of all the circumstances of the case.
202. The Court further notes that in the case of Andrejeva, cited above, it
found a violation of Article 14 of the Convention taken in conjunction with
Article 1 of Protocol No. 1. While mindful of the broad margin of
appreciation enjoyed by the respondent State in the field of social security,
the Court was not convinced that there had been a reasonable relationship of
proportionality with respect to the legitimate aim of protecting the country’s
economic system (ibid, § 89). In this regard, the Court reiterates that, while it
is not formally bound to follow its previous judgments, it is in the interests of
legal certainty, foreseeability and equality before the law that it should not
depart, without good reason, from precedents laid down in previous cases (see
Martinie v. France [GC], no. 58675/00, § 54, ECHR 2006-VI, and Magyar
Helsinki Bizottság v. Hungary [GC], no. 18030/11, § 150, 8 November
2016). The Court must therefore determine whether there are any such
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