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European Observer on fundamental right's respect

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Case Law 141/2015 (25/02/2015)

Type: Judgment

Authority: National Courts: Supreme Courts (Portugal) - Tribunal Constitucional

Date: 02/25/2015

Subject: The Constitutional Court stated the constitutional illegitimacy of article 6 of law 13/2013, where it provided that Portuguese nationals and their relatives should have been legally residing on the territory of the State for at least one year in order to have the right to minimum income for social inclusion (rendimento social de inserção), also recalling EU law and the jurisprudence of the Court of Justice in the matter of freedom of movement and stay, with regard to the application of such article to the other citizens of the Union

Parties: Provedor de Justiça

Original language: Portuguese

Classification: Equality - Art. 20 Equality - Solidarity - Art. 34 Social security - Social benefits - Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

Text download Portuguese