ANDREJEVA v. LATVIA JUDGMENT
21
entitlements, she would be better advised to apply to the Russian or
Ukrainian authorities.
54. In the applicant’s submission, the argument that Latvia was not a
successor State to the former USSR was immaterial in the present case;
such an argument could only be used to justify a total refusal to take into
account employment during the Soviet period. However, she had never
alleged a violation of a pecuniary right guaranteed by Article 1 of Protocol
No. 1 taken alone. Her complaint concerned a difference in treatment
prohibited by Article 14 of the Convention; if the State concerned decided,
despite everything, to pay retirement pensions in respect of periods of
employment outside national territory, it should do so without any
discrimination. That would be logical, since by ratifying the Convention,
Latvia had undertaken to secure to everyone within its jurisdiction the rights
and freedoms defined in Section I of the Convention. Latvia thus bore full
responsibility.
55. As with the previous objection, the Court considers at the outset that
this plea of inadmissibility has been lodged out of time (see paragraph 49
above). Even supposing that that were not the case, it must in any event be
dismissed for the following reasons.
56. The Court reiterates that the concept of “jurisdiction” for the
purposes of Article 1 of the Convention reflects the term’s meaning in
public international law and is closely linked to that of the international
responsibility of the State concerned (see Ilaşcu and Others v. Moldova and
Russia [GC], no. 48787/99, § 312, ECHR 2004-VII). Such responsibility
may arise for the acts of all State organs, whether they belong to the
legislature, the executive or the judiciary (see, mutatis mutandis, Young,
James and Webster v. the United Kingdom, 13 August 1981, § 49, Series A
no. 44, and Wille v. Liechtenstein [GC], no. 28396/95, § 46, ECHR
1999-VII). Furthermore, the fact that the factual or legal situation
complained of by the applicant is partly attributable to another State is not
in itself decisive for the determination of the respondent State’s
“jurisdiction”. The argument advanced by the Government equates the
determination of whether an individual falls “within the jurisdiction” of a
Contracting State with the question whether the individual can be
considered to be the victim of a violation by that State of a right guaranteed
by the Convention. These are, however, separate and distinct admissibility
conditions (see Banković and Others v. Belgium and Others (dec.) [GC],
no. 52207/99, ECHR 2001-XII).
57. In the present case, the Court notes that the applicant complained
about a measure taken in respect of her by a Latvian public authority – the
State Social-Insurance Agency – refusing her part of the pecuniary benefit
she had intended to draw from a Law passed by the Latvian Parliament. The
dispute raised by the applicant in respect of that measure was examined by
the three levels of Latvian courts, which delivered binding decisions on the