ANDREJEVA v. LATVIA JUDGMENT
31
established democratic legislature should need time for reflection in a period
of political turmoil to enable it to consider what measures were required to
ensure the country’s economic well-being. It cannot therefore be concluded
that the fact that Latvia did not introduce the difference in treatment until
1995 showed that the State itself did not deem such a measure necessary to
protect the national economy (see, mutatis mutandis, Ždanoka, cited above,
§ 131).
87. It remains to be determined whether there was a reasonable
relationship of proportionality between the above-mentioned legitimate aim
and the means employed in the present case. The Court notes in this
connection that as a “permanently resident non-citizen”, the applicant is
lawfully resident in Latvia on a permanent basis and that she receives a
retirement pension in respect of her employment “in Latvia”, that is, for
entities based in Latvian territory. The national authorities’ refusal to take
into account her years of employment “outside Latvia” is based exclusively
on the consideration that she does not have Latvian citizenship. It was not
disputed in the instant case that a Latvian citizen in the same position as the
applicant, having worked in the same enterprise during the same period,
would be granted the disputed portion of the retirement pension. Moreover,
the parties agreed that if the applicant became a naturalised Latvian citizen
she would automatically receive the pension in respect of her entire working
life. Nationality is therefore the sole criterion for the distinction complained
of. However, the Court has held that very weighty reasons would have to be
put forward before it could regard a difference of treatment based
exclusively on the ground of nationality as compatible with the Convention
(see Gaygusuz, cited above, § 42, and Koua Poirrez, cited above, § 46).
88. The Court cannot discern any such reasons in the present case.
Firstly, it has not been established, or even alleged, that the applicant did
not satisfy the other statutory conditions entitling her to a pension in respect
of all her years of employment. She was therefore in an objectively similar
situation to persons who had an identical or similar career but who, after
1991, were recognised as Latvian citizens. Secondly, there is no evidence
that during the Soviet era there was any difference in treatment between
nationals of the former USSR as regards pensions; indeed, the Government
did not in any way dispute the applicant���s assertion that the Soviet social tax
was paid and administered in the same way for all employees, regardless of
national origin or place of birth (see, mutatis mutandis, Luczak v. Poland,
no. 77782/01, §§ 49 and 55, 27 November 2007). Thirdly, the Court
observes a notable difference between the applicant and Mr Gaygusuz and
Mr Koua Poirrez in that she is not currently a national of any State. She has
the status of a “permanently resident non-citizen” of Latvia, the only State
with which she has any stable legal ties and thus the only State which,
objectively, can assume responsibility for her in terms of social security.