Andrejeva v. Latvia

Abstract

Human rights — Property rights — Pecuniary rights — State pension system — Prohibition of discrimination — Applicant employed prior to 1991 in territory of former Union of Soviet Socialist Republics — Latvian State Pensions Act providing for pension entitlement for this period to Latvian citizens regardless of contributions — Applicant not eligible as non-citizen of Latvia — Whether discriminatory — Whether Republic of Latvia violating Article 14 of European Convention on Human Rights, 1950, taken together with Article 1 of Protocol No 1

Human rights — Right to a fair trial — Applicant unable to attend hearing of appeal on points of law — Section 471 of Latvian Civil Procedure Act guaranteeing right to take part in public hearing of Supreme Court — Whether Republic of Latvia violating Article 6(1) of European Convention on Human Rights, 1950

Jurisdiction — Extraterritorial jurisdiction — Whether subject matter of application falling within jurisdiction of Republic of Latvia — Article 1 of European Convention on Human Rights, 1950 — State responsibility — Whether Republic of Latvia responsible for rights and obligations of former Union of Soviet Socialist Republics — Whether Latvia’s preliminary objection to be dismissed

Territory — Occupation — Illegal annexation — Incorporation of Baltic States into Union of Soviet Socialist Republics — Whether Baltic States inheriting rights and obligations of former Union of Soviet Socialist Republics — Independence of Latvia in 1991 — Whether Republic of Latvia responsible for pension promises made by USSR — Whether applicant as non-Latvian citizen entitled to pension for period prior to 1991 in same way as Latvian citizens

State succession — State continuity — Successor State to Union of Soviet Socialist Republics — Illegal annexation of Latvia by USSR — Independence of Latvia in 1991 — Whether Latvia responsible for employment years accrued under Soviet Union — Whether applicant as non-Latvian citizen entitled to pension for period prior to 1991 in same way as Latvian citizens — Whether difference in treatment justified — Inter-State agreements on social security with Ukraine and Russia

Nationality — Latvian citizenship — Applicant non-citizen of Latvia — Applicant formerly having USSR citizenship — Applicant now stateless — Applicant treated differently with respect to pension entitlement on basis of nationality — Whether discriminatory — Whether distinction justified — Whether legitimate aim — Whether proportionate to means employed — Whether Republic of Latvia violating Article 14 of European Convention on Human Rights, 1950, taken together with Article 1 of Protocol No 1