CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 15 septembre 2009

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margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .s86439055 { margin-top:36pt; margin-bottom:12pt } .sF3B96856 { width:11.87pt; display:inline-block } .s51F2D829 { width:208.44pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block } .s48DB3670 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s4A163300 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right }       FOURTH SECTION         CASE OF MOSKAL v. POLAND   (Application no. 10373/05)                       JUDGMENT     STRASBOURG   15 September 2009   FINAL   01/03/2010   This judgment will become final in the circumstances set out in Article   44 §   2 of the Convention. It may be subject to editorial revision. In the case of Moskal v. Poland, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Nicolas Bratza, President,   Lech Garlicki,   Giovanni Bonello,   Ljiljana Mijović,   Päivi Hirvelä,   Ledi Bianku,   Nebojša Vučinić, judges, and Fatoş Aracı, Deputy Section Registrar , Having deliberated in private on 25 August 2009, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no.   10373/05) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Ms Maria Moskal (“the   applicant”), on 1 February 2005. 2.     The applicant was represented by Ms R. Strzępek, a lawyer practising in Strzyżów. The Polish Government (“the Government”) were represented by their Agent, Mr   J.   Wołąsiewicz of the Ministry of Foreign Affairs . 3.     The applicant alleged, in particular, that the ex officio re-opening of the social security proceedings concerning her right to an early-retirement pension, which resulted in the quashing of the final decision granting her a right to a pension, was in breach of Article 6 § 1 of the Convention. She also complained that the same facts had given rise to a breach of Article 1 of Protocol No. 1 to the Convention alone and in conjunction with Article 14 of the Convention. She alleged in this connection that the revocation of her acquired right to an early-retirement pension amounted to an unjustified deprivation of property and to discrimination on the grounds of her place of residence. Lastly, the applicant alleged an interference with her right to respect for her private and family life on account of the fact that she had been deprived of her sole source of income. 4.     On 19 September 2006 a Chamber of the Fourth Section of the Court decided to give notice to the Government of the complaints under Articles 6 and 8 of the Convention and Article 1 of Protocol No. 1 to the Convention alone and read in conjunction with Article 14 of the Convention. It was decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3 of the Convention). THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant, Ms Maria Moskal, is a Polish national who was born in 1955 and lives in Glinik Chorzewski. 6.     The applicant is married with three children. She has a medium-level education. Prior to her early retirement she was employed for thirty-one years and had paid her social security contributions to the State. Her child, born in 1994, suffers from atopic bronchial asthma ( atopowa astma oskrzelowa ), various allergies and recurring sino-pulmonary infections. A.     Proceedings for early-retirement pension 7.     On 6 August 2001 the applicant filed an application with the Rzeszów Social Security Board to be granted the right to an early-retirement pension for persons raising children who, due to the seriousness of their health condition, required constant care, the so-called “EWK” pension. 8.     The particular type of pension sought by the applicant was at the relevant time regulated by the Cabinet’s Ordinance of 15 May 1989 on the right to early retirement of employees raising children who require permanent care (Rozporządzenie Rady Ministrów z dn. 15 maja 1989 w   sprawie uprawnień do wcześniejszej emerytury pracowników opiekujących się dziećmi wymagającymi stałej opieki) (“the 1989 Ordinance”). 9.     Along with her application for a pension, the applicant submitted, among other documents, a medical certificate issued on 2 August 2001 by a specialist in allergy and pulmonology from the Health Service Institution in Strzyżów ( Zespół Opieki Zdrowotnej ). The certificate stated that the applicant’s seven-year-old son had suffered from the age of three months from atopic bronchial asthma, various allergies, as well as frequent sino ‑ pulmonary infections often accompanied by fever and bronchial constriction (spastyczne skurcze oskrzeli) . Consequently, he was in need of his mother’s constant care. It was further noted that the medical certificate had been issued in connection with the application for an early-retirement pension regulated by the 1989 Ordinance in view of the need to provide permanent care to the child from 31 December 1998 onwards. 10.     On 29 August 2001 the Rzeszów Social Security Board (Zakład Ubezpieczeń Społecznych) issued a decision granting the applicant the right to an early-retirement pension in the amount of 1,683 Polish zlotys (PLN) gross (PLN 1,020 net), starting from 1 August 2001. In the same decision, however, the Social Security Board suspended the payment of the pension due to the fact that the applicant was still working on the date of the decision. 11.     On 31 August 2001 the applicant resigned from her full-time job as a clerk at the Polish Telecommunications Company in Rzeszów, where she had been employed for the past thirty years. 12.     Consequently, on an unspecified date, the Rzeszów Social Security Board issued a new decision authorising the payment of the previously awarded retirement pension starting from 1 September 2001. 13.     Subsequently, the applicant was issued with a pensioner’s identity card marked ‘valid indefinitely’ and for the following ten months she continued to receive her pension without interruption. B.     Re-opening of proceedings for early-retirement pension 14.     On 25 June 2002 the Rzeszów Social Security Board issued two decisions. By virtue of the first decision, the payment of the applicant’s pension was discontinued starting from 1 July 2002. By virtue of the second decision, the Board revoked the initial decision of 29 August 2001 and eventually refused to award the applicant the right to an early-retirement pension under the scheme provided for by the 1989 Ordinance. The latter decision stated that on 4 June 2002 the proceedings concerning the applicant’s right to a pension had been re-opened ex officio and that, as a result, “the medical certificate attached to her application for a pension had been found to raise doubts [as to its accuracy]”. Furthermore, the following standard clause appeared in the decision: “In the light of the medical documentation obtained concerning the child, it was established that the condition with which the child had been diagnosed was not enumerated in the [1989] Ordinance, and the analysis of the level of severity and the course [of the disease] did not indicate an impairment of bodily functions to such a degree as to justify the award of the pension [on account of] the necessity of permanent care of the child. It follows that the medical certificate serving as the basis for the award of the benefit is not supported by medical documentation. Consequently the right to a retirement pension is denied.” 15.     The applicant appealed against the decision of 25 June 2002 divesting her of the right to an early-retirement pension. She submitted that she should receive the benefit because her son required her constant care, as confirmed by the medical certificate attached to the original application. Moreover, the applicant alleged that the revocation of her retirement pension was contrary to the principle of vested rights. 16.     On 26 February 2003 the Rzeszów Regional Court ( Sąd Okręgowy ) dismissed the applicant’s appeal. 17.     A medical report by an expert in pulmonology was ordered by the Regional Court. Having examined the medical documentation concerning the applicant’s son, as well as the child in person, the expert found that the applicant’s son suffered from sporadic bronchial asthma and recurring sino ‑ pulmonary infections. The expert concluded that the child did not require, as of 31   December 1998 or at the time of the proceedings, his mother’s permanent care, her nursing or any further aid, since his bronchial asthma did not significantly impair his respiratory functions. He further observed that the applicant’s care was needed only when the child’s condition occasionally became more severe. 18.     Relying on the above expert opinion, the Regional Court held that the applicant had been rightfully divested of the right to a pension under the scheme provided by the 1989 Ordinance as she did not satisfy the requirement of necessary permanent care. The Regional Court did not examine the case from the standpoint of the doctrine of vested rights. 19.     On 16 October 2003 the Rzeszów Court of Appeal ( Sąd Apelacyjny ) dismissed the applicant’s appeal against the aforementioned judgment. The Court of Appeal agreed with the findings of fact contained in the expert opinion produced in the course of the first-instance proceedings to the effect that the applicant’s son did not require at the relevant time his mother’s permanent care. 20.     On the issue of the re-opening of the proceedings, the Court of Appeal observed that decisions concerning retirement and disability pensions were only of a declaratory character. Therefore, they could be quashed by a social security authority where new evidence had been submitted or relevant circumstances, which pre-existed the initial pension award but which had not been taken into consideration by the authority beforehand, had come to light. 21.     Furthermore, the Court of Appeal observed that pension decisions could be verified even in the light of pre-existing circumstances which had not been taken into consideration as a result of the authority’s own mistake or negligence. On the other hand, the Court of Appeal agreed with the applicant that the proceedings could not be re-opened as a consequence of a different assessment of the very same evidence which had accompanied the original application for a pension. 22.     The Court of Appeal found that, in the instant case, the impugned pension proceedings had been re-opened because relevant circumstances pre-existing the initial pension award had been discovered by the authority in the course of a supplementary examination of the child’s entire medical record by the Social Security Board’s doctor (lekarz orzecznik). 23.     Finally, the Court of Appeal stated that the doctrine of vested rights did not apply to rights acquired unjustly, for example when a person had been granted a right to a pension whereas in fact he or she had never met the requirements laid down in the relevant provisions. The Court of Appeal recalled that the purpose behind the 1989 Ordinance was to enable the carers of children with extremely severe disorders to take early retirement. It was aimed at providing a substitute source of income in cases where persons had lost their wages owing to the need to terminate their employment in order to take care of their sick children on a permanent basis. The Court of Appeal emphasised that, in such circumstances, it was necessary for the social security authorities to make a careful examination of whether or not persons applying for the right in question satisfied all the requirements. 24.     On 7 May 2004 (decision served on 7 August 2004) the Supreme Court ( Sąd Najwyższy) dismissed the applicant’s cassation appeal, fully endorsing the Court of Appeal’s findings of fact and law. Referring to the particular circumstances of the case, the Supreme Court held that the social security authority had lacked evidence as to the severity of the child’s condition, since the medical certificate attached to the application did not specify those activities which the child could not perform due to his alleged impairment. The fact that the aforementioned evidence had been lacking at the date of the decision did not come to light until after the validation of the decision. Therefore, the impugned proceedings had been re-opened due to the discovery of new relevant circumstances and not on the basis of a re ‑ examination of the very same evidence attached to the applicant’s application for a pension. 25.     The applicant was not ordered to return her early-retirement benefits paid by the Social Security Board from 1 September 2001 until 1   July 2002, despite the revocation of her right to the early-retirement pension. C.     The applicant’s social security status after the revocation of the “EWK” pension 26.     In the period from 1 July 2002 (the date on which the payment of the applicant’s “EWK” pension was discontinued) to 25 October 2005 the applicant was not in receipt of any social benefits. The applicant submitted that in that period she had had no other income. As a result of separate social security proceedings, which had been instituted by the applicant, the Strzyżów District Labour Office ( Powiatowy Urząd Pracy ) decided on 25   October   2005 to grant the applicant a pre ‑ retirement benefit ( zasiłek przedemerytalny ) in the amount of 523 Polish zlotys (PLN) net. Because, under the applicable law, a three-year statute of limitations applies to social security claims the decision to grant the right had a retroactive effect, with a starting date of 25   October   2002. As a result, on an unspecified date, presumably on 1 August 2004, the applicant received a pre-retirement benefit in the form of a lump-sum payment for the period between 25   October   2002 and 31 July 2004, without interest. The benefit was at first paid by the Strzyżów Regional Labour Office ( Powiatowy Urząd Pracy ) and since 1 August 2004 it was paid by the Rzeszów Social Security Board. As of March 2008 the applicant’s pre ‑ retirement benefit amounts to 594 Polish zlotys (PLN) net. 27.     In the light of the law as it now applies, it appears that the applicant will qualify for a regular retirement pension in 2015. D.     Additional information 28.     Approximately 120 applications arising from a similar fact pattern have been brought to the Court. The applicant in the instant case and most of the other applicants form the Association of Victims of the Social Security Board ( Stowarzyszenie Osób Poszkodowanych przez ZUS ) (“the Association”), an organisation monitoring the practices of the Social Security Board in Poland, in particular in the Podkarpacki region. 29.     The applicant submitted, according to the Association, that only 10%   of the total number of “EWK” pension recipients had been subjected to review and re-opening under Section 114 of the 1998 Law. 30.     The Government submitted that as of the end of 2006 approximately 76,600 individuals had been in receipt of the “EWK” pension. Although there were no statistics as to how many pensions had been revoked either countrywide or in each region, that number was very small. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     System of granting social security benefits in Poland 31.     The system of social security in Poland is regulated by the Law of 13   October 1998 on the system of social insurance ( Ustawa o systemie ubezpieczeń społecznych ) and a number of other acts applying to specific occupational groups and regulating specific types of benefits. Proceedings for granting welfare benefits are two-tier. First, an application for a benefit is made to the regional Social Security Board. The board makes an assessment of the eligibility criteria for each type of benefit and issues a decision. Then, in the event that an individual concerned appeals, the decision becomes subject to judicial review by a social security court, which is a specialised branch of a regional civil court. The Social Security Board is a State authority which carries out administrative functions and issues declaratory decisions. In the judicial review phase, the Board becomes a party to the proceedings before the social security court. A judicial decision taken by the regional social security court may then be challenged by either party to the proceedings before a special social security branch of a court of appeal. Ultimately, a decision delivered by an appellate court may be appealed to the Supreme Court. This remedy is available irrespective of the amount of the claim. B.     The 1989 Ordinance 32.     The 1989 Ordinance ceased to be in force on 31 December 1998. However, its provisions remained in operation with regard to persons who had met the requirements of an early-retirement pension before that date but had failed to apply for the benefit in due time. The conditions to be fulfilled by a person in order to qualify for an early-retirement pension were laid down by paragraph 1 of the 1989 Ordinance. Paragraph 1.1 contained a reference to section 26 paragraph 1 point 2 of the Law of 14   December 1982 on retirement pensions of employees and their families. In the relevant part it provided that persons entitled to an early ‑ retirement pension were those persons (both women and men) who had been employed for at least 20 or 25 years and who personally took care of a child. Paragraph 1.2 provided that for children under the age of 16 it was not necessary to submit an official Social Security Board disability certificate. It was sufficient to present a medical certificate issued by a specialist medical clinic stating: “due to the health condition, caused by one of the diseases enumerated in paragraph   1.3, the child requires permanent care”. Paragraph 1.3 provided that early retirement was justified by the following physical and/or mental conditions of the child: “1.     Complete dysfunction of upper or lower limbs, pareses and palsies, which prevent the child from independent movement and from controlling his or her physiological functions; 2.     Mild, moderate and severe mental retardation, mental disorders, injury or disease of the central nervous system, making impossible autonomy in decisions or in daily activities; 3.     Mild mental retardation with accompanying significant impairment of movement, sight, hearing or other chronic diseases significantly impairing bodily functions; 4.     Other diseases impairing body effectiveness to a very serious degree.” C.     Law of 17 December 1998 on retirement and disability pensions paid from the Social Insurance Fund 33.     The re-opening of the proceedings concerning the benefit in question is regulated in section 114 of the 1998 Law , which at the relevant time read as follows: “114.1     The right to benefits or the amount of benefits will be re-assessed upon application by the person concerned or, ex officio , if, after the validation of the decision concerning benefits, new evidence is submitted or circumstances which had existed before issuing the decision and which have an impact on the right to benefits or on their amount are discovered.” D.     The Supreme Court’s resolution of 5 June 2003 34.     In its resolution of 5 June 2003 (no. III UZP 5/03), adopted by a bench of seven judges, the Supreme Court ( Sąd Najwyższy ) dealt with the question submitted by the Ombudsman (Rzecznik Praw Obywatelskich ) as to whether a different assessment of the evidence attached to the application for a pension, carried out by a social security authority after validation of the decision concerning the pension, might constitute a ground for re ‑ opening the proceedings leading to a review of the right to a pension in accordance with section 114 of the Law of 17 December 1998 on retirement and disability pensions paid from the Social Insurance Fund. The answer was in the negative. The Supreme Court held, inter alia : “A different assessment of the [same] evidence as attached to the application for a retirement or disability pension, carried out by a social security authority after validation of the decision awarding the right to a pension, is not one of the circumstances justifying the ex officio re-opening of the proceedings for a review of the right to a pension in accordance with section 114 of the Law of 17   December 1998 on retirement and disability pensions paid from the Social Insurance Fund.” THE LAW I.     ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL No. 1 TO   THE CONVENTION 35.     The applicant complained that divesting her, in the circumstances of the case, of her acquired right to an early-retirement pension had amounted to an unjustified deprivation of property. This complaint falls to be examined under Article 1 of Protocol No. 1 to the Convention, which reads as follows: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.” A.     Admissibility 1.     Government’s preliminary objection on incompatibility ratione materiae (a)     The Government 36.     The Government submitted that the scope of Article 1 of Protocol No.   1 to the Convention did not extend to erroneously acquired rights to pensions and welfare benefits, rights which, in fact, had never arisen under the domestic law. (b)     The applicant 37.     The applicant submitted that the provision in question applied in her case and that she had been unjustly deprived of her property. 2.     The Court’s assessment (a)     General principles on the applicability of Article 1 of Protocol No. 1 38.     The principles which apply generally in cases under Article 1 of Protocol No. 1 are equally relevant when it comes to social and welfare benefits. In particular, Article 1 of Protocol No. 1 does not create a right to acquire property. This provision places no restriction on the Contracting State’s freedom to decide whether or not to have in place any form of social security scheme, or to choose the type or amount of benefits to provide under any such scheme. If, however, a Contracting State has in force legislation providing for the payment as of right of a welfare benefit ‑ whether conditional or not on the prior payment of contributions ‑ that legislation must be regarded as generating a proprietary interest falling within the ambit of Article 1 of Protocol No. 1 for persons satisfying its requirements (see Stec and Others v. the United Kingdom (dec.) [GC], nos.   65731/01 and 65900/01, §   54, ECHR 2005-...). 39.     In the modern democratic State many individuals are, for all or part of their lives, completely dependent for survival on social security and welfare benefits. Many domestic legal systems recognise that such individuals require a degree of certainty and security, and provide for benefits to be paid – subject to the fulfilment of the conditions of eligibility – as of right. Where an individual has an assertable right under domestic law to a welfare benefit, the importance of that interest should also be reflected by holding Article 1 of Protocol No. 1 to be applicable (see, among other authorities, Stec , cited above, § 51). 40.     The mere fact that a property right is subject to revocation in certain circumstances does not prevent it from being a “possession” within the meaning of Article 1 of Protocol No. 1, at least until it is revoked ( Beyeler v.   Italy [GC], no.   33202/96, §   105, ECHR 2000 ‑ I). On the other hand where a legal entitlement to the economic benefit at issue is subject to a condition, a conditional claim which lapses as a result of the non-fulfilment of the condition cannot be considered to amount to “possessions” for the purposes of Article 1 of Protocol No. 1 (see Prince Hans-Adam II of Liechtenstein v. Germany [GC], no. 42527/98, §§ 82-83, ECHR 2001-VIII, and Rasmussen v. Poland , no. 38886/05, §71, 28 April 2009). (b)     Application of the Convention principles to the instant case 41.     The applicant in the instant case had been employed for thirty-one years and paid her social security contributions to the State. Because her minor child suffered from asthma, various allergies and recurring sino ‑ pulmonary infections she wished to take early retirement under the “EWK” pension scheme in order to provide better care to her child (see   paragraph 6 above). 42.     The early-retirement pension in question, regulated by the 1989   Ordinance, was conditional on the existence of three elements (see   paragraph 28 above). The first element was the duration of the pensioner’s employment prior to his or her application for a pension. The second element was the requirement that the pensioner personally took care of the child concerned. These requirements, by their nature, were susceptible to an objective assessment. On the other hand, the third element, which concerned the health condition of the pensioner’s child – severe enough to make it necessary for the child to be under the permanent care of the pensioner (the   requirement of necessary permanent care) – was variable and uncertain, and in the instant case had indeed been a matter of contention. 43.     The Court notes that the decision issued by the Rzeszów Social Security Board on 29 August 2001 conferred on the applicant the entitlement to receive the “EWK” pension of 1,683 Polish zlotys (PLN) gross as of 1   September   2001. In doing so the social security authority agreed that the applicant had satisfied all the statutory conditions and qualified for the pension. The applicant was issued with a pensioner’s identity card marked as ‘valid indefinitely’. The 2001 decision was enforced without any interruption for ten consecutive months, until 1   July   2002. On 25   June   2002 the Rzeszów Social Security Board quashed the 2001 decision and refused to award the applicant the right to the “EWK” pension, noting that she had not satisfied one of the conditions necessary to qualify for that type of welfare benefit, namely that her child’s health condition was not severe enough to require, as of 31   December 1998 or at the time of the revocation, his mother’s permanent care (see paragraphs 10-14 above). 44.     In the light of the parties’ submissions, the Court accepts that the applicant applied for the early-retirement pension in good faith and in compliance with the applicable law. Because her child was not yet sixteen years old, she was not required to have her son examined by a board of doctors appointed by the social security authority. Instead, she had to attach to her pension application a health certificate concerning her child, signed by a specialist doctor. By submitting her pension dossier to the Rzeszów Social Security Board the applicant subjected her case to the evaluation of the State authorities (see paragraphs 7 and 9 above). As described above, the grant of the benefit in question depended on a number of statutory conditions, assessment of which rested fully with the social security authority. Consequently, the applicant could not be certain of the outcome of her application. On the other hand, as soon as the authorities confirmed that the applicant qualified for the benefit, she was justified in considering that decision accurate and in acting upon it. She resigned from her job, which was necessary to trigger the pension payment (see paragraphs 10-11 above), and organised her family’s life accordingly. She could not have realised that her pension right had been granted by mistake and was justified   in thinking   that unless   there was a change in the condition of her child’s health the decision would not   lose its validity. 45.     The Court finds that, in the instant case, a property right was generated by the favourable evaluation of the applicant’s dossier attached to the pension application which had been lodged in good faith and by the Social Security Board’s recognition of the right. The decision of the Rzeszów Social Security Board of 29 August 2001 provided the applicant with an enforceable claim to receive the so-called “EWK” early-retirement pension in a particular amount, payable as soon as she resigned from her job. Based on this decision the applicant was in receipt of the pension from 1   September 2001 until 1   July   2002. In so far as the Government submitted that the applicant did not qualify for the “EWK” benefit, the Court will address this matter from the point of view of justification for the withdrawal of the benefit. (c)     Conclusion on admissibility 46.     It follows that in the circumstances of the case considered as a whole, the Court finds that the applicant may be regarded as having a substantive interest protected by Article 1 of Protocol No. 1 to the Convention. The Court also notes that this part of the application is not manifestly ill ‑ founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible. B.     Merits 1.     The parties’ general submissions (a)     The applicant 47.     The applicant submitted that divesting her, in the circumstances of the case, of her acquired right to an early-retirement pension had amounted to an unjustified deprivation of property. She also argued that even if the right had indeed been granted erroneously, an individual who had applied for the right in good faith should not be expected to pay the price for the mistake of public authorities acting without due diligence. (b)     The Government 48.     The Government claimed that the interference with the applicant’s property rights had been lawful and justified. In particular, divesting the applicant of her right to the early-retirement pension had been provided for by law and was in the general interest. There was also a reasonable relationship of proportionality between the interference and the interests pursued. 2.     The Court’s assessment (a)     General principles 49.     The Court reiterates that the first and most important requirement of Article 1 of Protocol No. 1 is that any interference by a public authority with the peaceful enjoyment of possessions should be lawful: the second sentence of the first paragraph authorises a deprivation of possessions only “subject to the conditions provided for by law” and the second paragraph recognises that the States have the right to control the use of property by enforcing “laws” (see The former King of Greece and Others v.   Greece [GC], no. 25701/94, §§ 79 and 82, ECHR 2000-XII). 50.     Article 1 of Protocol No. 1 also requires that a deprivation of property for the purposes of its second sentence be in the public interest and pursue a legitimate aim by means reasonably proportionate to the aim sought to be realised (see, among others authorities, Jahn and Others   v.   Germany [GC], nos.   46720/99, 72203/01 and 72552/01, §§ 81-94, ECHR   2005). 51.     Moreover, the principle of “good governance” requires that where an issue in the general interest is at stake it is incumbent on the public authorities to act in good time, in an appropriate manner and with utmost consistency (see Beyeler , cited above, §   120, and Megadat.com S.r.l. v.   Moldova , no. 21151/04, §   72, 8 April 2008). 52.     The requisite “fair balance” will not be struck where the person concerned bears an individual and excessive burden (see Sporrong and Lönnroth v. Sweden , 23 September 1982, §§ 69-74, Series   A no.   52, and Brumărescu , cited above, §   78). (b)     Application of the above principles in the present case (i)     Whether there has been an interference with the applicant’s possessions 53.     The parties agreed that the decisions of the Rzeszów Social Security Board of 25   June   2002, which deprived the applicant of the right to receive the “EWK” pension, amounted to an interference with her possessions within the meaning of Article 1 of Protocol No. 1 to the Convention. (ii)     Lawfulness of the interference   (α)     The parties’ submissions The applicant 54.     The applicant submitted that the interference had not been in accordance with the law since the decision of the Rzeszów Social Security Board of 29   August 2001 had been quashed as a result of the review of the same evidence as attached to her original application for the pension. Such procedure was contrary to section 114 of the 1998 Law which, at the relevant time, allowed for the re-opening of pension proceedings only if new evidence was introduced or previously-existing circumstances came to light. The applicant also relied on the 2003 Resolution of the Supreme Court (see paragraph 30 above). The Government 55.     In the Government’s submission, the interference had been in accordance with the law. They relied on the reasoning of the domestic courts which had reviewed the decision of 25 June 2002 (see paragraphs 16 ‑ 24 above). The domestic courts found that the impugned re-opening had been triggered by the assessment of medical reports other than those attached to the applicant’s pension application. That material had existed but had not been taken into account by the social security authority at the time when the applicant’s right to a pension was being examined. This was considered to constitute newly-discovered circumstances within the meaning of section 114 of the 1998 Law. (β)     The Court 56.     In the instant case the measure complained of was based on section 114 of the 1998 Law, which at the relevant time provided that the right to benefits could be re-assessed ex officio , if, after the validation of the decision concerning benefits, new evidence was submitted or relevant circumstances which had existed before the decision was issued were discovered. As previously observed, such a procedure is common to the legal systems of many member States. The Court, giving due deference to the findings of the domestic courts, accepts that the proceedings in the applicant’s case had been re-opened as a consequence of the discovery of the welfare authority’s own mistake in its original assessment of the applicant’s eligibility for the early-retirement pension under the 1989 Ordinance. The procedure was thus used to correct an error on the part of the social security board and to divest the applicant of the right to a pension which she had acquired unjustly (see paragraphs 88 and 89 below). 57.     The Court therefore concludes that the interference with the applicant’s property rights was provided for by law, as required by Article 1 of Protocol No. 1 to the Convention. (iii)     Legitimate aim 58.     The Court must now determine whether this deprivation of property pursued a legitimate aim, that is, whether it was “in the public interest”, within the meaning of the second rule under Article 1 of Protocol No. 1. (α)     The parties’ submissions The applicant 59.     The applicant made a general statement that the interference in question did not pursue a legitimate aim. The Government 60.     The Government submitted that the 1989 Ordinance had been put in place as part of the State’s social policy aimed at assisting parents who, due to their child’s health condition, could not reconcile their employment with the need to provide constant care to their child. Given the specific nature of the “EWK” pension, it was understandable why the requirements for eligibility for that benefit had to be defined rigidly and precisely. The applicant had been divested of her right to the early-retirement pension because, in fact, she did not satisfy the statutory requirements in order to qualify for this particular type of benefit. To continue the payment of the “EWK” pension to the applicant and other beneficiaries in a similar position would be accepting their unjust enrichment. (β)     The Court 61.     Because of their direct knowledge of the society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is “in the public interest”. Under the system of protection established by the Convention, it is thus for the national authorities to make the initial assessment as to the existence of a problem of public concern warranting measures of deprivation of property. Here, as in other fields to which the safeguards of the Convention extend, the national authorities, accordingly, enjoy a certain margin of appreciation. Furthermore, the notion of “public interest” is necessarily extensive. The Court, finding it natural that the margin of appreciation available to the legislature in implementing social and economic policies should be a wide one, will respect the legislature’s judgment as to what is “in the public interest” unless that judgment is manifestly without reasonable foundation (see James and Others v. the United Kingdom , 21 February 1986, § 46, Series   A no.   98; The former King of Greece and Others , cited above, § 87; and Zvolský and Zvolská v. the Czech Republic , no.   46129/99, § 67 in fine , ECHR 2002-IX). 62.     As already stated above, the aim of the interference in question was to correct a mistake of the social security authority, which resulted in the applicant unjustly acquiring a right to the “EWK” pension. 63.     The Court considers that depriving the applicant of her early ‑ retirement pension pursued a legitimate aim, namely to ensure that the public purse was not called upon to subsidise without limitation in time undeserving beneficiaries of the social welfare system. (iv)     Proportionality 64.     Lastly, the Court must examine whether an interference with the peaceful enjoyment of possessions strikes a fair balance between the demands of the general interest of the public and the requirements of the protection of the individual’s fundamental rights, or whether it imposes a disproportionate and excessive burden on the applicant (see, among many other authorities, Jahn and Others [GC], cited above, §   93). Despite the margin of appreciation given to the State, the Court must nevertheless, in the exercise of its power of review, determine whether the requisite balance was maintained in a manner consonant with the applicant’s right to property (see Rosinski v Poland , no. 17373/02, §   78, 17 July 2007). The concern to achieve this balance is reflected in the structure of Article 1 of Protocol No.   1 to the Convention as a whole, including therefore the second sentence, which is to be read in the light of the general principle enunciated in the first sentence. In particular, there must be a reasonable relationship of proportionality between the means employed and the aim sought to be realised by any measure depriving a person of his possessions (see Pressos Compania Naviera S.A. and Others v. Belgium , 20   November   1995, §   38, Series A no. 332, and The former King of Greece and Others , cited above, §   89). Thus the balance to be maintained between the demands of the general interest of the community and the requirements of fundamental rights is upset if the person concerned has had to bear a “disproportionate burden” (see, among many other authorities, The Holy Monasteries v.   Greece , 9   December 1994, §§ 70-71, Series A no. 301-A). (α)     The parties’ submissions The applicant 65.     In the appl