SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
B. Whether the applicants are in a relevantly similar situation to that of
Latvian citizens
10. Crucially, the majority confirm that “the applicants can be considered
to be in a relevantly similar situation to persons with the same employment
history but possessing Latvian citizenship” (see paragraph 195 of the present
judgment, emphasis added). We agree.
We note that the applicants, as permanently resident non-citizens, are in
fact not only treated differently to citizens, but that with respect to the
reckoning of periods of employment and equivalent periods accrued outside
the territory of Latvia, they are equated with foreign nationals and stateless
persons (see paragraph 3 above), notwithstanding their recognised and
longstanding links with Latvia.
By accepting, firstly, that non-citizens are similarly situated as regards
their pension entitlement and, secondly, that the difference in treatment
complained of is directly based on nationality, the majority confirm that this
case is on all fours with Andrejeva, thus underlining the need for very solid
reasons for overruling the latter.
C. The legitimacy of the aims pursued
11. As indicated by the majority, the Government argue that the
difference in treatment between citizens and permanently resident
non-citizens pursued two aims: “safeguarding the constitutional identity of
the State by implementing the doctrine of State continuity” and “protecting
the economic system of the country” (see paragraph 196 of the present
judgment). We will consider both aims in turn.
V. THE DOCTRINE OF STATE CONTINUITY AND THE
PROTECTION OF LATVIA’S CONSTITUTIONAL IDENTITY
12. The application of the doctrine of State continuity means that the
Republic of Latvia, established in 1918, continued to exist de jure under the
illegal occupation by the Soviet Union and that it was the same State whose
independence was restored in 1990 (see the judgment of the Constitutional
Court of 17 February 2011, § 11.1, quoted in paragraph 53 of the present
judgment). The doctrine implies that “the acts of the illegally established
public authorities of the [occupying] State in the field of public law are not
binding on the State which has restored its independence” (same judgment,
§ 11.3), and that “the restored State is not required to undertake any
obligations emanating from the obligations of the occupying State” (ibid.).
At this point, we would like to note that the issue raised by the present
application does not concern the undertaking by Latvia of any of the
obligations of the Soviet Union. As in Andrejeva, this case concerns a
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