16. The Summoned party – the Chairperson of the Social and Employment Matters Committee of the Saeima Aija Barča – informed the Constitutional Court that the Committee under her supervision has repeatedly drawn the Saeima’s attention to the fact that the impugned provisions do not comply with the Constitution. For this reason, several meetings of the Committee have been convoked in which alternative solutions to the adoption of the impugned provisions were developed – for example, a proposal to establish the maximum pension amount of 350 lats and to restrict the pension disbursements to employed pensioners for 50 percent. A. Barča drew the Constitutional Court’s attention to the fact that the Social and Employment Matters Committee of the Saeima has prepared amendments to the Disbursement Law, proposing that the pension restrictions established in Articles 2 and 3 of this law would not be applied to persons with disabilities of Groups 1, 2 and 3; more than that, the pension deductions would be reimbursed to these persons. Likewise, eight draft laws have been developed which provided that service pension disbursement restrictions would not be applied to service pension recipients with disabilities of Groups 1, 2 and 3. 17. The Summoned party – doctoral student of the University of Latvia Anita Kovaļevska – acknowledged that, by means of the impugned provisions, the legislator has changed the operation of the social insurance system as an exception for a certain period of time, restricting the rights of persons to receive their pensions granted in accordance with the procedure established by the law by decreasing the amount of social security. If the rights of persons provided by the Constitution are restricted, among other things, the international commitments of Latvia have to be taken into account. Summarizing the criteria indicated by the Constitutional Court and the UN Committee on Economic, Social and Cultural Rights, A. Kovaļevska concluded that such factors as the procedure for the adoption of legal provisions, the legitimate aim and the observance of the principle of proportionality have to be considered. A. Kovaļevska further admitted that the Disbursement Law had been adopted in compliance with the prescribed procedure. However, she maintained that there was no sufficient evidence as to whether the Saeima had considered alternative options or had consultations with the affected groups. 21

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