Article 1: „to provide persons with social security within the limits of the available
financing according to the laws on State budget for the current year in the period from
1 July 2009 to 2012.”
According to the Disbursement Law, cuts of particular payments from the
special budget of social insurance were established for the above mentioned period.
Thus, Article 2, Paragraph One of the Disbursement Law stipulates that „in the period
from 1 July 2009 to 31 December 2012 the state old-age pensions and service pensions
granted according to the by-laws ‘On Service Pensions’ and ’On the Rank and File and
the Unit Commanding Personnel of the Institutions of the Ministry of the Interior
Employee Pensions (Employer Pensions)’ are paid in the amount of 90 percent from
the pension amount granted in accordance with the legislative acts”.
Whereas Article 3, Paragraph One of the Disbursement Law prescribes that "in
the period from 1 July 2009 to 31 December 2012 the recipients of state old-age
pensions and service pensions granted according to the by-laws ‘On Long Service
Pensions’ and ’On the Rank and File and the Unit Commanding Personnel of the
Institutions of the Ministry of the Interior Employee Pensions (Employer Pensions)’
are paid in the amount of 30 percent from the pension amount granted in accordance
with the legislative acts starting with the first date of the month following the month
when the recipient of pension has become a person subject to mandatory social
insurance (employee or self-employed) in accordance with the Law on State Social
Insurance" (hereinafter Article 2, Paragraph One and Article 3, Paragraph One of the
Disbursement Law jointly – the impugned provisions).
Several cases were declared admissible in the Constitutional Court that impugn
the compliance of Article 2, Paragraph One and Article 3, Paragraph One to various
provisions of the Constitution of the Republic of Latvia (hereinafter – the
Constitution). Preparing the case for examination and on the basis of Article 22,
Paragraph Six of the Constitutional Court Law as well as Paragraphs 125 and 126 of
the Rules of Procedure of the Constitutional Court, a decision to merge cases
No. 2009-43-01, No. 2009-47-01, No. 2009-48-01, No. 2009-49-01, No. 2009-50-01,
No. 2009-52-01, No. 2009-53-01, No. 2009-54-01, No. 2009-55-01, No. 2009-57-01,
No. 2009-58-01, No. 2009-59-01, No. 2009-60-01, No. 2009-61-01, No. 2009-62-01
and No. 2009-63-01 in one case has been adopted on 28 August 2009. The merged
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