The Constitutional Court pointed out that the Agreement of 11 June by itself neither
confirms, nor excludes the legitimacy or constitutional compliance of the impugned
provisions. Also, the participation of individual organisations or public partners of the
government in the preparation of the aforementioned Agreement is not indicative of
the constitutional compliance or – just the opposite – non-compliance. The Agreement
of 11 June cannot be considered as a legitimate precondition for the adoption of the
impugned provisions; rather, it may be viewed a quasi-political pledge signed for
different reasons by the individual organisations and public partners of the government
along with the political parties constituting the government. The fact of the Agreement
is relevant to this Case only insofar as possible alternatives to the impugned provisions
have been considered during its preparation. In addition, contrary to the opinion
expressed in the replies of the Saeima, the letter of the Cabinet of Ministers and the
annotation to the Disbursement Law Draft, the Constitutional Court deemed that the
participation of organisations and public partners of the government in the preparation
of the Agreement of 11 June was just formal.
30.2.2. The Ministry of Welfare explained in the information it furnished to the
Constitutional Court that the Disbursement Law Draft had to be drawn up in a limited
period of time, and it was not possible to consider the alternatives for lack of time (see
Case materials, vol. 9, p. 115). The Cabinet of Ministers, in turn, explained that
debates concerning the required reduction of the State budget for 500 million lats were
extremely difficult and hard. Other alternatives for the reduction of pensions were
considered in these debates. Yet, as a result, an agreement was reached only with
regard to one specific solution, namely, the one set forth in the Agreement of 11 June.
Besides, it would not be rational to discuss other solutions during the Disbursement
Law Draft preparation process also for the reason that the issue of the budget deficit
reduction had to be settled immediately (see Case materials, vol., 9 p. 8).
The information furnished by the Saeima, LBAS, LDDK, LPF, LPS and the Head of
the Social and Employment Matters Committee A. Barca purport that separate
alternatives to the adoption of the impugned provisions were discussed. For example,
there was a proposition to set down the maximum amount of pension – 350 lats and to
restrict the disbursement of pension to employed pensioners for 50 %. At the same
time, it is acknowledged that the alternatives would not yield sufficient economy or
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