rate, indexation mechanism and the minimum retirement age (see Sub-paragraph 4.14 of Aide Memoire – the World Bank Fund technical assistance mission report of 11-22 June 2007 concerning state expenditure control and state financial management matters, Case materials, vol. 9, p. 104). Hence one can say that the social insurance system implemented in Latvia as a result of the pension reform of 1995 can ensure long-term availability of pension and other social services in proportion to the amount of person’s participation in this system, or on the basis of collective insurance principle, whereas inconsiderate or hasty decisions may considerably endanger the sustainability and well-balanced continuation of the system. III 24. Article 109 of the Constitution states: “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, interpreting the above article, acknowledged that, on the one hand, the enactment of these fundamental rights depends on the resources at the disposal of the State and society; however, on the other hand, if any rights to social protection are included in the fundamental law, the State is not entitled to refuse the enactment of these rights. In this case these rights are not just declaratory, their protection has constitutional value in Latvia (see, e.g., the Concluding Part of the Constitutional Court Judgment in the Case No. 2000-08-0109 passed on 13 March 2001). The Applications dispute the regulation of the Disbursement Law that restricts the disbursement amount for the pensions specified by the Law on State Pensions as well as for certain service pensions. The said regulation of the Disbursement Law has not been adopted as a result of a comprehensive social insurance system reform, and it is prescribed for a specific period of time – from 1 July 2009 to 31 December 2012. Besides, Article 9 of the Disbursement Law obligates the Cabinet of Ministers to reconsider the validity of disbursement restrictions stipulated by this law twice a year and, correspondingly, submit the Saeima either a report concerning the continuation of 36

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