Hostname: page-component-cd9895bd7-7cvxr Total loading time: 0 Render date: 2024-12-23T17:35:14.055Z Has data issue: false hasContentIssue false

Andrejeva v. Latvia

European Court of Human Rights.  18 February 2009 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)