the Application submitters’ fundamental rights established by the Constitution than to
invalidate the impugned provisions as of the moment of their adoption. In this case, the
State is obliged to reimburse the deducted parts of pensions.
All persons to whom the impugned provisions apply are in a situation similar to that of
the Applicants.
The Constitutional Court took into account that several thousands of other persons
wanted to submit constitutional claims concerning these same impugned provisions.
Thus, the Constitutional Court decided that not only the rights of the Applicants but
also the rights of all recipients of pension have been infringed. Therefore, the
impugned provisions must be invalidated as of the moment of their adoption with
respect to all recipients of pension whom they affect.
At the same time, one should take into account the fact that the impugned provisions
significantly affect the finances of the State, i.e. the State budget. The effect of these
provisions on the State budget is estimated for several tens of millions of lats. Instant
enforcement of the judgment could cause rather unbeneficial consequences. Therefore,
the Constitutional Court would analyse several circumstances that must be considered
in deciding about the moment of invalidation of the impugned provisions.
Article 66 of the Constitution states: “Annually, before the commencement of each
financial year, the Saeima shall determine the State Revenues and Expenditures
Budget.” Interpreting this Article, the Constitutional Court has indicated that “the
funds required for the execution of the State duties are determined and substantiated
for the budget in keeping with this procedure: in a timeframe for which these funds are
planned, the expenditures are covered by the corresponding revenues (Paragraph 1 of
the Conclusion Part of the Constitutional Court Judgment in the Case No. 1998-0105(98) passed on 27 November 2009). The Law on the State Budget for 2010 was
adopted on 1 December 2009. Abandonment of the regulation of the impugned
provisions was not planned in this budget. If the Constitutional Court Judgment had to
be enforced immediately, a situation would arise that would be even more
unconformable to the Constitution than the situation in which the consequences of the
impugned provisions still continue for some period of time. Instant disbursement of
pensions in full amount and reimbursement of all the sums withheld could
substantially endanger the stability of both the basic budget of the State and the social
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