on State Pension and State Allowance Disbursement in the Period from 2009 to 2012 adopted on 17 September 2009 and annotation to this draft law http://titania.saeima.lv/LIVS/SaeimaLIVS.nsf/0/CDF73564B79BB4E3C225761F004B E61E?OpenDocument, accessed on 1 December 2009). It is acknowledged in the science of law: delay, unpredictability and inconsistency in the exercise of state power prove that measures carried out and implemented by the state have led up to violation of the principle of proportionality (see Harris D., O’Boyle M., and Warbrick C., Law of the European Convention on Human Rights, 2nd ed., Oxford University Press, 2009, p. 676). The ECtHR has also stated that “indecisiveness – no matter whether it has come about as a result of legislation or administrative or institutional practice – is a factor to be considered in adjudicating an action of the state. Indeed, in the case of dealing with a matter of common interest, the public authorities have a duty to consider this matter in due and coordinated manner for a reasonably long period of time” (Broniowski v. Poland, 2004-V; 43 EHRR 1, paras. 151 and 184 GC). Next, if the restriction established in Article 3, Paragraph One of the Disbursement Law is not dealt with in a differentiated way, a situation may arise when the deduction from person’s pension is higher than his or her income from work or self-employment legal relations. The fact that such an action of the legislator does not comply with the Constitution has already been stated in the earlier Constitutional Court judgments (see Clause 3.1.3 of the Concluding Part of the Constitutional Court Judgment in Case No. 2001-12-01 passed on 19 March 2002). Besides, a situation has arisen that Article 3, Paragraph One is not applicable to specific groups of persons who have other income in addition to pension. As the Cabinet of Ministers pointed out, in accordance with Article 6 of the Law on State Social Insurance, persons who have reached the age that gives the right to receive the State old-age pension, and who are owners of farms (fisheries), recipients or royalties, natural persons who perform the management of an immovable property or acquire income from a private subsidiary holding or a household plot, and who have registered as economic activity income tax payers, shall not be persons subject to mandatory social insurance. Similarly, the reduction of pension is not applied to self-employed 56

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