supporting national strategies for safe and sustainable pensions through an integrated
approach, COM (2001) 362 final, July 2001).
31.1. The Applications repeatedly emphasise that the accruals of the social insurance
special budget have been spent unreasonably, and this expenditure was one of the
reasons for adopting the impugned provisions.
The Ministry of Finance and the State Treasury in their replies to the Constitutional
Court purport that disposing of the social insurance special budget accruals took place
in conformity with the Law on Budget and Financial Management.
One of the fundamental principles of social insurance – self-financing – has been
worked into the legal acts regulating this area. The social insurance special budget is
built up solely by the social insurance contributions, and the outlays from this budget
are intended solely for social insurance services. It means that a certain balance
between the revenues and outlays of this budget has to be maintained. Imposition of
unreasonable additional expenditures can unsettle this balance, thus endangering the
financial sustainability of this budget.
31.1.1. One can see from the Case materials that 951.1 million lats have been accrued
in the social insurance special budget at the beginning of 2009, whereas by 1
September 2009 this accrual has decreased to 845.4 million lats. Thus, the accrual of
the social insurance special budget has decreased for more than 100 million lats within
a period of eight months.
The surplus in the social insurance budget from contributions made during the years of
economic growth and favourable demographic situation is accrued to the social
insurance accounts. Although mutual borrowing among budgets took place already in
1999, and a possibility to use the social insurance budget reserves for deriving profit
was discussed already in 2005, only on 2 December 2009 the Cabinet of Ministers
decided to support the investment of the social insurance special budget accrual funds
into the State Treasury (see Case materials, vol. 9, pp. 187f, and the Conception of the
Cabinet of Ministers “On management of State social insurance financial resources
until 2012” of 3 December 2008, Latvijas Vestnesis, 5 December 2008, No. 190).
The surplus of the social insurance special budget is the reserve fund. In accordance
with the effective regulatory enactments, it can be used solely for the disbursement of
social insurance allowances and pensions in the cases when the revenues of the social
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