A case on a legal norm of the Law on Social Protection of the Participants of the Chernobyl Nuclear Clean-up and Persons Suffered as a Result of the Chernobyl Nuclear Power Station Accident has been initiated
The Fourth Panel of the Constitutional Court has initiated a case “On Compliance of Para 1 of the Transitional Provisions of the Law on the Social Protection of the Participants of the Chernobyl Nuclear Clean-up and Persons Suffered as a Result of the Chernobyl Nuclear Power Station Accident with Article 91 of the Satversme of the Republic of Latvia”.
Article 91 of the Satversme guarantees equality before the law and the courts.
The contested norm establishes procedure for recalculating the disablement pension and the survivor’s pension granted to the participants of the Chernobyl nuclear clean-up and persons suffered as a result of the Chernobyl nuclear power station accident before the date of coming into force of this Law and the amount of which has been calculated at the amount of the detriment.
The applicant, namely, the Ombudsman of the Republic of Latvia indicates that the regulatory framework included into the Contested Norm restricts the rights of persons of retirement age to making equivalent of social security compensating the detriment.
The Saeima was asked to provide, before 12 August 2011, a reply on the facts of the case and legal justification thereof. The term of preparation of the case is 13 November 2011.
Linked case: 2011-12-01