28
ANDREJEVA v. LATVIA JUDGMENT
principle, and the system gradually implemented from 1991, based on
individual contributions by each beneficiary. The Court observes in this
connection that in the Stec and Others decision (cited above, §§ 47-53) it
abandoned the distinction between contributory and non-contributory
benefits for the purposes of the applicability of Article 1 of Protocol No. 1;
from now on, when a State chooses to set up a pension scheme, the
individual rights and interests deriving from it fall within the ambit of that
provision, irrespective of the payment of contributions and the means by
which the pension scheme is funded.
77. The Court has also held that all principles which apply generally in
cases concerning Article 1 of Protocol No. 1 are equally relevant when it
comes to welfare benefits (ibid., § 54). Thus, Article 1 of Protocol No. 1
does not guarantee as such any right to become the owner of property (see
Van der Mussele v. Belgium, 23 November 1983, § 48, Series A no. 70;
Slivenko v. Latvia (dec.) [GC], no. 48321/99, § 121, ECHR 2002-II; and
Kopecký v. Slovakia [GC], no. 44912/98, § 35 (b), ECHR 2004-IX). Nor
does it guarantee, as such, any right to a pension of a particular amount (see,
for example, Kjartan Ásmundsson v. Iceland, no. 60669/00, § 39, ECHR
2004-IX; Domalewski v. Poland (dec.), no. 34610/97, ECHR 1999-V; and
Janković v. Croatia (dec.), no. 43440/98, ECHR 2000-X). Similarly, the
right to receive a pension in respect of activities carried out in a State other
than the respondent State is not guaranteed either (see L.B. v. Austria (dec.),
no. 39802/98, 18 April 2002). Furthermore, Article 1 of Protocol No. 1
places no restriction on the Contracting State’s freedom to decide whether
or not to have in place any form of social security scheme, or to choose the
type or amount of benefits to provide under any such scheme. If, however, a
Contracting State has in force legislation providing for the payment as of
right of a welfare benefit – whether conditional or not on the prior payment
of contributions – that legislation must be regarded as generating a
pecuniary interest falling within the ambit of Article 1 of Protocol No. 1 for
persons satisfying its requirements (see Stec and Others, cited above, § 54).
78. The Government submitted that, from the standpoint of public
international law, Latvia had not inherited the rights and obligations of the
former Soviet Union as regards welfare benefits. Having regard to its
findings in the Stec and Others decision (cited above), the Court considers
that that argument is misconceived in the instant case. Even assuming that
the Government were correct on this point, the conclusion that has to be
drawn in this case would be unaffected: where a State decides of its own
accord to pay pensions to individuals in respect of periods of employment
outside its territory, thereby creating a sufficiently clear legal basis in its
domestic law, the presumed entitlement to such benefits falls within the
scope of Article 1 of Protocol No. 1. In this connection, the Court notes that
the first paragraph of the transitional provisions of the Latvian State Pensions
Act creates an entitlement to a retirement pension in respect of aggregate