CAIXA GERAL DE APOSENTAÇÕES | PROVA DA NACIONALIDADE PORTUGUESA| ANTIGA ADMINISTRAÇÃO ULTRAMARINA | PRINCÍPIO DA IGUALDADE
Constitutional Court, judgment no. 159/98, 10.02.1998
JURISDICTION: Constitutional
CASE: 288/97
SUBJECT: Constitutional appeal
RAPPORTEUR: Tavares da Costa
RULING: Rejects the appeal lodged by the State Pension Fund against the judgment of the Supreme Administrative Court which upheld the view according to which employees and agents from former overseas provinces are not required to have Portuguese nationality to be entitled to retirement benefits.
DOMESTIC LAW:
Portuguese Constitution [Article 15(2)]
Law no. 28/82, of 15 November 1982
Retirement Statute [Articles 1(1), 5, 6, 35 to 39, 46, 82(1)(d)]
Decree-Law no. 308-A/75, of 24 June 1975
Decree-Law no. 362/78, of 28 November 1978 (Article 1)
Decree-Law no. 23/80, of 29 February 1980 (Articles 2, 3)
Decree-Law no. 118/81, of 18 May 1981
Decree-Law no. 348/82, of 3 September 1982
Decree-Law no. 363/86, of 30 October 1986
Decree-Law no. 498/88, of 30 December 1988 [Articles 1, 2, 22(a)]
Decree-Law no. 215/95, of 22 August 1995
Constitutional Court, judgment no. 392/97, 20.05.1997
Constitutional Court, judgment no. 354/97, 30.04.1997
INTERNATIONAL LAW: n.a.
FOREIGN LAW: n.a.
KEYWORDS: State Pension Fund; proof of Portuguese nationality; former overseas administration; principle of equality; retirement application; loss of Portuguese nationality; requisite of Portuguese nationality; right to retirement pension; former overseas provinces; special regime for a special situation; S. Tomé and Príncipe; foreigner; stateless; employees and agents of the Metropolis; national citizens of African Portuguese speaking countries; Republic of Cape Verde; decolonization process; principle of assimilation of foreigners and stateless persons to Portuguese citizens; former Portuguese colonies; former Portuguese overseas territories; forced to leave their lands; historic change; bilateral agreements with African Portuguese speaking countries
COMMENTS: Coming soon.
REFERENCES IN THE LITERATURE: n.a.
Download the ruling.
EN 
PT