SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
citizens only (see also Article 8 of the European Convention on Social
Security). Entitlement to non-contributory benefits may of course be made
conditional on the beneficiary having resided for a certain minimum period
of time in the territory of the State concerned or on the fulfilment of other
statutory conditions (see also the reference to the preamble of the Social
Security Convention in paragraph 9 of the dissenting opinion of Judge
Seibert-Fohr et al.).
The permanently resident non-citizens are lawful residents in Latvia. They
arrived in Latvia many decades ago now, before the restoration of Latvia’s
independence in 1991. During all their years of residence in Latvia, they
inevitably built ties with the country they were living in (see paragraph 2
above). Indeed, the recognition in Andrejeva, confirmed in the present
judgment, that they are similarly situated derives from the very fact of their
extensive ties.
21. The third factor taken into account by the majority is the fact that the
difference in treatment complained of “only” concerned periods of
employment completed prior to the introduction of the pension scheme in
question (that is: during “the five decades of unlawful occupation and
annexation”) and outside Latvia, “before [the applicants] settled in Latvia or
had any other links with that country” (see paragraph 216 of the present
judgment).
It is only natural that the pension benefits are based on periods of
employment completed prior to the moment when the applicants became
eligible for them. That is in the nature of an old-age pension. What counts is
that the pension scheme has been set up by the Latvian legislature, after the
restoration of Latvia’s independence, and that the applicants are undergoing
the effects of the impugned difference in treatment ever since they became
eligible for their pension benefits, that is, after the restoration of Latvia’s
independence and after having resided for respectively 31, 59, 21 and 18
years in Latvia and having worked there (see paragraphs 21-22, 25-27, 29-30
and 34-35 of the judgment). Whatever difference there was between the
applicants before their arrival in Latvia and the residents of Latvia during that
period, it is the applicants’ situation under the State Pensions Act, after the
restoration of Latvia’s independence and after their settlement in Latvia, that
is the object of their complaint (compare Kurić and Others, cited above,
§ 391).
22. In this context, we note that the majority purport to compare the
situation of the applicants to that of the Gurkha soldiers in the case of British
Gurkha Welfare Society and Others v. the United Kingdom (no. 44818/11,
15 September 2016), in which the Court found no violation of Article 14 of
the Convention. We do not see any similarity, to the contrary.
It is true that the Gurkha soldiers had served in the British Army and were
treated differently than other serving soldiers. More specifically, for the
calculation of their military pension, the years served before 1 July 1997 were
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