Resolution CM/ ResDH (2018)362 Execution of the judgment of the European Court of Human Rights Andrejeva against Latvia

(Adopted by the Committee of Ministers on 3 October 2018 at the 1326 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

55707/00

ANDREJEVA

18/02/2009

Grand Chamber

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)772 );

Considering that the question of individual measures has been resolved, given that the just satisfaction awarded by the Court to cover all heads of damage was paid and the reopened domestic proceedings were terminated in 2010 because the applicant passed away and no heirs came forward to pursue the proceedings;

In respect of the general measures adopted in response to the violation of Article 14 of the Convention in conjunction with Article 1 of Protocol No.1, having noted in particular, and without prejudice to any assessment which the European Court may be called on to make, the entry into force in 2011 of the Agreement between the Republic of Latvia and the Russian Federation on the Co-operation in the Field of Social Security as well as the relevant statistical data and examples of judicial practice showing the recalculation of retirement pensions for “permanently resident non-citizen”, including with ex tunc effect;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.