SAVICKIS AND OTHERS v. LATVIA JUDGMENT retirement pensions and the entitlement to early retirement pension, the Court notes that the impugned legal provision –Paragraph 1 of the transitional provisions of the State Pensions Act – serves to determine the “insurance period”, which might then be used for a variety of calculations for the purposes of attributing welfare benefits. Therefore, the Court observes that at the domestic level, the problem might indeed be broader than the issues put before it in the present case. Of course, as it has just emphasised, the Court must act within the confines of the present case. However, as with most complaints of alleged discrimination in a welfare or pensions system, the issue before the Court for consideration goes to the compatibility of the system with Article 14, not to the individual facts or circumstances of the particular applicants or of others who are or might be affected by the legislation. It is therefore appropriate to look at the system as a whole (see British Gurkha Welfare Society and Others v. the United Kingdom, no. 44818/11, § 63, 15 September 2016, and J.D. and A. v. the United Kingdom, nos. 32949/17 and 34614/17, § 100, 24 October 2019). C. Latvia’s State continuity doctrine 1. The parties’ arguments (a) The respondent Government 98. The respondent Government considered that the State continuity doctrine, as expounded in the judgment of the Constitutional Court of 17 February 2011, is of utmost importance and must be taken into account by the Court in order to reach an equitable solution of the present case. In this regard, the respondent Government recalled the historical events as summarised in paragraphs 12-14 above. They noted that for fifty years (from 1940 until 1990-91), the entire territory of Latvia was under unlawful occupation and effective physical control by the USSR, in clear violation of international law. Nevertheless, according to the doctrine of State continuity, the Republic of Latvia continued to exist de jure throughout this period of occupation and annexation. 99. For the same reason, Latvia is not and cannot be a successor to the rights and liabilities of the former Soviet Union. In the light of the customary rules of State responsibility under international law, any legal obligations directly emanating from the above violation of international law, including those related to payments of social security benefits, fall to the occupying State which exercised effective control and jurisdiction over the territories and persons during the years in question, namely, the USSR and its successor, the Russian Federation. In this regard, the respondent Government referred to the advisory opinion of the International Court of Justice in the Namibia case (Advisory Opinion on Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding 35

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