SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
above, § 88; see also Stec and Others, cited above, §§ 61-66; Runkee and
White v. the United Kingdom, nos. 42949/98 and 53134/99, §§ 40-41, 10 May
2007; Ponomaryovi v. Bulgaria, no. 5335/05, § 52, ECHR 2011, with further
references; and British Gurkha Welfare Society and Others v. the United
Kingdom, no. 44818/11, § 81, 15 September 2016). In all other cases, very
weighty reasons would have to be put forward before the Court could regard
a difference in treatment based exclusively on the grounds of nationality as
compatible with the Convention (see Gaygusuz, § 42; Andrejeva, § 87; and
Ribać, § 53, all cited above).
B. The rationale of the “very weighty reason” requirement
6. The requirement for very weighty reasons in order to justify differences
in treatment directly based on nationality is grounded in the idea that
nationality should not be determinative for the enjoyment of the rights
protected under the Convention. The Convention is based on a system of
individual rights, which are not dependent on the fact that the individual
belongs to a certain group or holds the nationality of a given State (for the
same conclusion, see the other dissenting opinion, § 17). Under Article 14,
where it is shown that there are reasonable and objective grounds for
excluding an individual from a given scheme, the principle of proportionality
comes into play (see Luczak, cited above, § 52). If the means employed to
achieve the aim do not bear a reasonable relationship of proportionality to it,
then the distinction will be considered unjustified (see Ponomaryovi, cited
above, § 51). For this reason, not every aim – however important in itself –
can justify a distinction based exclusively on nationality. Instead, even in the
socio-economic context such a distinction requires a substantial connection
between the objective pursued and the classification. In other words, where a
difference in treatment based directly on nationality exists with regard to
benefits falling within the scope of Article 1 of Protocol No. 1, States are not
permitted to differentiate on the grounds of nationality if there is no valid link
with the benefit sought and without having regard to whether the difference
in treatment actually serves a very weighty reason and is necessary. Rather,
the nationality requirement must correspond to the legitimate aim pursued in
such cases. This requires a close link to the subject matter in question, and
the difference in treatment must be tailored to the aim pursued.
C. Criteria for assessing very weighty reasons in the social-economic
context
7. Accordingly, the Convention does not prohibit States which fund or
subsidise certain welfare benefits from requiring, in respect of non-nationals,
a sufficiently close link between the recipients and the benefits sought. It may
be legitimate to take into account the extent to which non-nationals have
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