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
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