The cut of service pensions for public prosecutors does not comply with the Satversme
The Constitutional Court adopted a judgment in the case No. 2009-86-01 “On Compliance of Para 8 of the Transitional Provisions of the Law on Long Service Pensions for Public Prosecutors with Article 1, Article 91 and Article 109 of the Satversme (Constitution) of the Republic of Latvia”.
The contested norm provides for a cut of pensions by 70 percent for those receivers of service pensions who are socially insured persons (employees or self-employed persons).
The case has been initiated based on the application of Alla Ignatjeva, wherein it was indicated that the contested norm does not comply with the principle of legal security and that of proportionality enshrined in Article 1 of the Satversme of the Republic of Latvia, as well as Article 109 that provides that everyone has the right to social security in old age, for work disability, for unemployment and in other cases as provided by law.
The Constitutional Court has recognized that the restriction included in the contested norm is not proportional and evidently unfair regarding that group of pensioners whose incomes from employment do not exceed the unpaid part of the pension.
Consequently, the Court recognized that the contested norm does not comply with Article 1 of the Satversme, as well as Article 109 of the Satversme. The Court ruled that deductions from pensions shall be ceased no later than on 1 June of the current year, whilst the unpaid part of the pension shall be disbursed to pensioners no later than before 1 July 2015.
The judgment of the Constitutional Court is final and not subject to appeal. The judgment shall come into force on the date of publishing it in the newspaper “Latvijas Vēstnesis”. The text of the judgment is also available in the home page of the Constitutional Court.
Linked case: 2009-86-01