EŽTT pasidavė Kubiliaus kerams: paneigė teisę į nuosavybę

Posted: August 1, 2017 in Uncategorized

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Neseniai kalėjimų  departamento buvusi pareigūnė, pensininkę Mockienė pralaimėjo EŽTT,nes kažkokiubūdu šis teismas nustatė, jog pensijos sumažinimas, nors ir yra nuosavybės teisių pažeidimas, tačiau tai buvo didesnis gėris – reikia suprasti,jog tomis uibagų ašaromis Kubilius užkaišė biudžeto skolas. Gaila kad EŽTT nieko nežino apie Lietuvos energetines aferas, bei milijardais iššivaistytus pinigus. Kurių neužkiš net ir dešimties Kubilių pensijos.

The Court considered that Article 1 of Protocol 1 was applicable in Ms Mockienė’s case as she had
had a legitimate expectation that she would continue to receive the payment of her service pension
upon her discharge from the Prisons Department. Furthermore, the temporary reduction in her
pension had amounted to an interference with her right to peaceful enjoyment of her possessions
guaranteed under Article 1 of Protocol No. 1, which had been expressly provided for by law under
the new legislation introduced in 2010. That interference had been designed to decrease State
expenses during the economic crisis, stabilise the increase in the budget deficit and ensure the
State’s ability to provide protection to the most vulnerable groups. Consequently, the Court was
satisfied that the temporary reduction of service pensions and other welfare benefits had sought a
legitimate aim in the public interest.
Moreover, the Court saw no grounds to find that the authorities had failed to strike a fair balance
between Ms Mockienė’s fundamental rights and the general interest of the community. The
reduction in her pension had been limited, not only in quantitative terms but also in time. In
particular, her pension had been reduced to approximately 210 Euros, which was higher than the
minimum set in the new legislation, and this had lasted for no longer than four years. The reduction
in her service pension had not therefore placed Ms Mockienė at risk of having insufficient means to
live on. Finally, the reduction in the service pension was part of a wider programme of austerity
measures, affecting many other kinds of welfare benefit and civil servants’ salaries.
In conclusion, there was no indication that Ms Mockienė had had to bear an individual and excessive
burden at a time of serious economic difficulties faced by Lithuania during the global financial crisis.
For this reason, it was decided that her complaint under Article 1 of Protocol 1 should be rejected as
inadmissible.

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