The “pension convergence” as a political issue

Authors

  • Luís Pereira Coutinho Faculty of Law, University of Lisbon, Alameda da Universidade – Cidade Universitária, 1649-014 Lisbon – Portugal

Keywords:

Political Question Doctrine; Pension Reduction; Constitutional Jurisdiction; Separation of Powers; Legitimate Expectations

Abstract

The issue to be addressed in the following paragraphs can be put simply as follows: can ‘pension convergence’ – the term used by the legislature to describe the reduction in pensions under the civil service’s own social security system (Caixa Geral de Aposentações) with a view to bringing it into line with the general social security scheme – be regarded as a ‘political matter’, for the purpose of precluding the exercise of constitutional jurisdiction over it or, alternatively, of binding the Constitutional Court to an increased duty of deference towards the legislature?

Published

06-01-2014

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