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On 25 June, the Grand Chamber of the European Court of Human Rights (the Court) heard the case of Andrejeva v. Latvia.
In 2000, Natalija Andrejeva (the applicant) lodged an application with the Court, complaining about an alleged violation in Latvia of articles of the Convention for the Protection of Human Rights and Fundamental Freedoms. Relying on Article 1 of Protocol No 1 in conjunction with Article 14 of the Convention (Prohibition of Discrimination), the applicant complained about Paragraph 1 of the transitional provisions of the 1995 "Law on State Pensions", which imposes nationality conditions upon the inclusion in the insurance period of the period of service outside Latvia. The applicant considers that this is the case of different attitude against individuals who are placed in identical or similar conditions, in other words, a case of discrimination.
Under Article 6 § 1 (right to a fair hearing), the applicant complained about several violations during the hearing of her case in Latvia's domestic courts in relation to her request regarding the calculation of her pension.
In its decision of 11 July 2006, the Court declared as being admissible for examination on the merits, the applicant's complaint under Article 6 § 1 of the Convention, concerning the holding of a hearing earlier than scheduled in the Senate of the Supreme Court, without notifying the applicant, as well as alleged violations under Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1.
On 11 December 2007, the Chamber of the Court, in accordance with Article 30 of the Convention, decided to relinquish its jurisdiction of the case to the Grand Chamber composed of 17 judges. The judgment passed by the Grand Chamber will not be subject to appeal and will constitute a final resolution of this case.
After submissions by the applicant and by the Government agent, the judges took the opportunity to ask clarifying questions to the parties on the merits of the case instant. The judges were particularly interested in answers to the following questions: the calculation and the amount of pensions during the former USSR, during the transition period and also at the present time; the legal regulation of the pension system; the issues of State succession in the field of social insurance, as well as latest developments with regard to bilateral agreements in the field of social insurance.
The record of the Court hearing and a full account of the facts of the case will be available on the afternoon of 25 June on the Court's Internet site (http://www.echr.coe.int).
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