not cause the infringement of the fundamental rights that the Constitution grants to the
Applicants and other persons as well as would not cause substantial damage to the
State or public interests (see Paragraph 25 of the Constitutional Court Judgment in the
Case No. 2005-12-0103 passed on 16 December 2005).
If the Constitutional Court did not decide the issues related to the enforcement of this
Judgment, namely, did not set the moment of invalidation of the impugned provisions,
a situation would arise that could endanger the stability of the State budget; besides, it
would not be clear when exactly the reimbursement of the part of pensions withheld on
the basis of the impugned provisions would have to be commenced, for how long and
following what procedure. The law does not prohibit the Constitutional Court to
decide that it is unfeasible to commence immediately the enforcement of the Judgment
– the disbursement of pensions in full.
35.2. Article 9 of the Disbursement Law prescribes for 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
the restrictions, or, in case of need, a draft law concerning their full or partial
revocation. The Ministry of Welfare has undertaken, by 1 February 2010, to prepare
and submit to the Cabinet of Ministers for further submission to the Saeima the draft
report referred to in Article 9 of the Disbursement Law, thus ensuring the fulfilment of
the task delegated to the Cabinet of Ministers (see the letter of the Ministry of Welfare,
Case materials, vol. 10, p. 93).
The Case materials show that the accrual of the social insurance special budget was
approximately 951 million lats at the beginning of January 2009. This accrual has
decreased to 767 million lats by the beginning of December 2009 (see item “Money
for pension disbursement will have to be taken from deposit”, National News Agency
LETA, 11 December 2009). Accordingly, the accrual has decreased for 184 million lats
within the eleven months of 2009, decreasing for approximately 17 million lats per
month.
Furthermore, the information furnished by SSIA reveals that, in December 2009, the
pension special budget had a deficit of approximately 50 million lats. To guarantee the
disbursement of pensions at the beginning of 2010, solutions for acquisition of the
necessary funds are being considered: first, channelling of the accrual in the
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