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RETIREMENT STATUTE | LOSS OF PORTUGUESE NATIONALITY | PRINCIPLE OF ASSIMILATION OF FOREIGNERS AND STATELESS PERSONS PRESENT OR RESIDING IN PORTUGAL TO PORTUGUESE NATIONALS

 

Constitutional Court, judgment no. 72/02, 20.02.2002

 

JURISDICTION: Constitutional

CASE: 769/99

SUBJECT: Constitutional review

RAPPORTEUR: Artur Maurício

RULING: Declares, with general binding force, the unconstitutionality of the norm in Article 82(1)(d) of Decree-Law no. 498/72, of 9 December 1972, to the extent that it prescribes that the loss of Portuguese nationality is cause for termination of retirement status.

DOMESTIC LAW:

Portuguese Constitution [Articles 1, 2, 13, 15, 18(2), 63, 281(2)(d)]

Constitutional Court Act [Articles 54, 55(3)]

Law no. 37/81, of 3 October 1981 (Article 8)

Law no. 2098, of 29 July 1959

Decree-Law no. 498/72, of 9 December 1972 [Articles 22, 74, 82(1)(d)]

Constitutional Court, judgment no. 54/87, 10.02.1987

Constitutional Court, judgment no. 338/95, 22.06.1995

Constitutional Court, judgment no. 354/97, 30.04.1997

Constitutional Court, judgment no. 423/2001, 09.10.2001

Attorney-General’s Office, Opinion no. 8/75

Consultative Council of the Attorney-General’s Office, Opinion no. 23/81

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Retirement statute; loss of Portuguese nationality; principle of assimilation of foreigners and stateless persons present or residing in Portugal to Portuguese nationals; Portuguese citizenship; retirement status; exceptions to the principle of assimilation; exercise of public function not merely technical in nature; principle of equality; constitutionally illegitimate discrimination; differentiation in treatment; State Pension Fund; civil service statute; restriction of rights based on nationality; rights and obligations of Portuguese citizens; principle of national treatment; rights reserved for Portuguese citizens; right to retirement benefits; right to social security; principle of human dignity; humanly dignified existence; discriminatory differentiation; voluntary loss of nationality; renunciation to nationality; repudiation of nationality; voluntary rejection of the affectio societatis vis-à-vis the Portuguese state; different treatment of nationals and non-nationals; civil service retirees; principle of justice

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

MIRANDA, Jorge, and MEDEIROS, Rui, Constituição Portuguesa Anotada [Annotation to the Portuguese Constitution], vol. I, 2nd ed., Coimbra, Wolters Kluwer/Coimbra Editora, 2010.

 

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Posted inRETIREMENT STATUTE LOSS OF PORTUGUESE NATIONALITY PRINCIPLE OF ASSIMILATION OF FOREIGNERS AND STATELESS PERSONS PRESENT OR RESIDING IN PORTUGAL TO PORTUGUESE NATIONALS
TagsCivil Service Retirees State Pension Fund Portuguese Citizenship Different Treatment of Nationals and Non-nationals Differentiation in Treatment Discriminatory Differentiation Right to Retirement Benefits Right to Social Security Rights and Obligations of Portuguese Citizens Rights Reserved to Portuguese Citizens Constitutionally Illegitimate Discrimination Retirement Statute Civil Service Statute Exceptions to the Principle of Assimilation Exercise of Public Function Not Merely Technical in Nature Humanly Dignified Existence Rejection of The Affectio Societatis Vis-à-Vis the Portuguese State Voluntary Loss of Nationality Loss of Portuguese Nationality Principle of Human Dignity Principle of Assimilation of Foreigners and Stateless Persons Present or Residing in Portugal To Portuguese Nationals Equality Principle Principle of Justice Principle of National Treatment Renunciation to Nationality Repudiation of Nationality Restriction of Rights Based on Nationality Retirement Status