The sustainability of pension system is based on three principles: adequacy, financial
sustainability and capability to adapt itself to changes (see European Commission,
Objectives and working methods in the area of pensions: Applying the open method of
coordination, Joint Report of the Social Protection Committee and the Economic
Policy Committee, Luxembourg: Official Publications of the European Communities,
2001). Consequently, the sustainability of pension system is closely related to the
overall economic situation in the State.
The Constitutional Court agreed with the argument of the Saeima that, in the
circumstances of major economic recession – to lessen, within limits, its adverse
consequences – the legislator must act as swiftly, concertedly and decidedly as
possible. Reasonable freedom of action must be granted to the legislator for taking
such measures. However, the economic situation in the State, or the need to reduce the
budget deficit, in the absence of other legitimate ends, cannot serve as an overarching
justification for the State to restrict the rights previously granted to persons.
The Disbursement Law has been adopted at the time of difficult economic situation. In
this context, the rapid economic recession in the State has affected the social budget
within a relatively short period of time. The social insurance special budget is a
constituent part of the State budget; therefore, there are financial interconnections
between these budgets. Changes in the expenditures or revenues of the social
insurance special budget have an effect on the balance of the entire State budget. It is
evident that the economic situation in the State has also affected the stability of the
social insurance special budget, and the Saeima and the Cabinet of Ministers, in this
situation, were obliged to take action in order to ensure the welfare of society in a
long-term perspective.
The Constitutional Court could not regard as justified the opinion of the Applicants –
i.e. that the impugned provisions do not have a legitimate end, for the necessary
economy is planned solely at the expense of persons with low income. The decrease of
budget expenditures reached by means of the impugned provisions is approximately
17.4 % or one-sixth from the total decrease of the State consolidated budget. No doubt,
such a decrease has also affected the other positions of the budget along with the
branches of activity of the State and national economy. So, for example, the number of
workplaces has been cut down and the amount of financing revised for the State
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