Overview of recent cases before the European Court of Human Rights and the European Committee of Social Rights (April 2022–September 2022)

AuthorEleni De Becker
DOIhttp://doi.org/10.1177/13882627221133128
Published date01 December 2022
Date01 December 2022
Subject MatterCase Reports
Overview of recent cases before
the European Court of Human
Rights and the European
Committee of Social Rights
(April 2022September 2022)
Eleni De Becker
KU Leuven, Belgium
Abstract
In this reporting procedure (April 2022September 2022)
1
, we present three cases before the
European Court of Human Rights (ECtHR) and one case before the European Committee of
Social Rights (ECSR).
2
All three cases before the ECtHR concern pension claims. The f‌irst case
is Savickis and Others v Latvia (App no 49270/11), dealing with the payment of employment pen-
sions in Latvia to permanently resident non-citizens. For these citizens, the Latvian legislation
did not take into account periods worked in other Soviet republics at the time of the occupation
of Latvia by the Union of Soviet Socialist Republics (USSR), which it did do for Latvian citizens. The
Court had to review this difference in treatment in light of the prohibition of discrimination in
Article 14 European Convention on Human Rights (ECHR) and the right to property in Article
1 Protocol no. 1 to the ECHR (AP ECHR). The second report discusses a case concerning the
length of the appeal proceedings relating to a reduction of the applicants pension rights. In
Bieliński v Poland (App no 48762/19), the Court had to review whether there was a violation of
Article 6 ECHR (right to a fair trial) and Article 13 ECHR (right to an effective remedy). P. C . v
Ireland is the third case that will be discussed (App no 26922/19). It concerns disqualif‌ication
from an old-age pension while serving a sentence of imprisonment. The applicant claimed that
this disqualif‌ication violated Article 1 AP ECHR read alone, as well as Article 14 ECHR read in
Corresponding author:
Eleni De Becker, Free University of Brussels, Pleinlaan 2, Brussels 1050, Belgium; KU Leuven, Blijde Inkomststraat 17,
Leuven 3000, Belgium.
Email: eleni.debecker@kuleuven.be
1. Thecut-off point for the case law was 15 September 2022: cases after that date will be discussed in a forthcoming case law
report.
2. The cases were selected on the basis of their relevance for social security (def‌ined in a broad manner), also taking into
account procedural elements arising out of the rights in the ECHR.
Case Report
European Journal of Social Security
2022, Vol. 24(4) 376386
© The Author(s) 2022
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DOI: 10.1177/13882627221133128
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