26
ANDREJEVA v. LATVIA JUDGMENT
rules of 23 April 2002 (no. 165 – see paragraph 36 above) had merely
confirmed the established practice regarding the interpretation of the
provision in issue. Moreover, in its admissibility decision of 11 July 2006 in
the instant case the Court itself had stated that “[t]he courts’ interpretation of
the State Pensions Act in the instant case cannot be regarded as manifestly
arbitrary or unreasonable”. The requirement of lawfulness had therefore
been satisfied in the applicant’s case.
70. Even assuming that Article 14 of the Convention was applicable in
the present case, the Government were persuaded that the difference in
treatment complained of fell within the broad margin of appreciation
enjoyed by States in regulating their social policy. They argued that the
Court should take into account the particular context of the case, which was
linked to the process of restoring Latvian independence, a process that had
also included reform of social policy. The Latvian authorities had had to lay
the foundations of the new social welfare system, including the old-age
insurance scheme, and to set a limit on the expenditure which the Latvian
budget could afford in relation to the former USSR’s social welfare
payments. In that connection, the Government referred to the Constitutional
Court’s conclusion that, in accordance with general international law on
State succession, Latvia had assumed responsibility for periods worked in
Latvian territory by any of the country’s permanent residents, regardless of
nationality.
71. As regards periods of work elsewhere, the Government asserted that
Latvia was under no obligation to assume responsibility for them. If, despite
everything, it had decided to do so while reserving this additional guarantee
to its own citizens, that decision could not be regarded as contrary to
Article 14 of the Convention. In view of the financial burden borne by
Latvia and the limited capacity of its national budget, it was not
unreasonable for it to assume full responsibility for the pensions of its own
citizens alone. Nevertheless, even though the applicant was not entitled to a
retirement pension in respect of her periods of employment in “Russian”
and “Ukrainian” enterprises, she received a range of social welfare benefits
which compensated her for any such inconvenience and improved her
standard of living. In short, the Government argued, the Latvian authorities
had struck a balance between the public interest and the applicant’s private
interests; there was thus a reasonable relationship of proportionality
between the means employed and the aim sought to be realised.
72. In addition, the Government pointed out that unlike Mr Koua
Poirrez, who had been refused French nationality, the applicant could
become a naturalised Latvian citizen at any time. If she chose to do so, the
dispute in the present case would automatically be settled through the
recalculation of her pension. The recalculation would have effect ex nunc,
but that was in no way contrary to the Convention, which did not impose
any obligation on the Contracting States to grant rights retroactively. The