ANDREJEVA v. LATVIA JUDGMENT
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Government thus contended that the situation complained of was largely the
fault of the applicant herself, who had refused to apply for naturalisation
despite having been entitled to do so since 1998. The sooner she did so, the
sooner she would receive the desired portion of her pension.
73. Lastly, the Government argued that the reckoning of periods of
employment outside Latvian territory was a matter to be addressed through
inter-State agreements on social security. They pointed out that such
agreements had already been concluded with several States and that a
similar agreement with the Russian Federation had recently been approved
by the parliaments of both States concerned. According to statistical data
supplied by the Government, if the agreement came into force on 1 January
2009, it would apply to some 17,104 pensioners, including 16,850
“permanently resident non-citizens”. That figure could subsequently rise by
approximately 1,696 new pensioners every year.
B. The Court’s assessment
1. Applicability of Article 14 of the Convention
74. The Court reiterates that Article 14 of the Convention has no
independent existence, since it has effect solely in relation to the rights and
freedoms safeguarded by the other substantive provisions of the Convention
and its Protocols (see, among many other authorities, Burden v. the United
Kingdom [GC], no. 13378/05, § 58, ECHR 2008). The application of
Article 14 does not necessarily presuppose the violation of one of the
substantive rights guaranteed by the Convention. It is necessary but it is also
sufficient for the facts of the case to fall “within the ambit” of one or more
of the provisions in question (see, among many other authorities, Gaygusuz
v. Austria, 16 September 1996, § 36, Reports of Judgments and Decisions
1996-IV; Thlimmenos v. Greece [GC], no. 34369/97, § 40, ECHR 2000-IV;
and Koua Poirrez, cited above, § 36). The prohibition of discrimination in
Article 14 thus extends beyond the enjoyment of the rights and freedoms
which the Convention and Protocols require each State to guarantee. It
applies also to those additional rights, falling within the general scope of
any Article of the Convention, for which the State has voluntarily decided to
provide (see Stec and Others, cited above, § 40).
75. It must therefore be determined whether the applicant’s interest in
receiving a retirement pension from the Latvian State in respect of her years
of service for enterprises based in the territory of the former USSR but
outside Latvia falls within the “ambit” or “scope” of Article 1 of Protocol
No. 1.
76. The Government attached considerable importance in the instant
case to the difference between Soviet pensions, which were paid by the
State from common budgetary resources in accordance with the solidarity