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On Compliance of Section 11(4) of the Law “On State Pensions” with the First Sentence of Article 91 and Article 109 of the Satversme of the Republic of Latvia

The Constitutional Court ruled:

The contested norm, insofar it denies to a person the right to retire before reaching the full retirement age and demands establishing that the child’s disability had been recognised in accordance with criteria for granting disability status envisaged in regulatory enactments of the USSR, is to be recognised as being incompatible with the first sentence of Article 91 and Article 109 of the Satversme.

With respect to persons, who have started protecting their rights in procedure established in the Administrative Procedure Law and to whom the contested norm is applicable, it is recognised as being invalid as of the moment of its adoption.

The judgement by the Constitutional Court is final and not subject to appeal, it enters into force on the date of its publication.