Type: Judgment

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

Date: 05/25/2015

Subject: The Constitutional Court, recalling the EU Charter of Fundamental Rights, stated the constitutional illegitimacy of articles 6(1)(b) and 6(4) of Law 13/2003, as recently modified by the Decree 133/2012, where they requested for foreigners (with the exception of citizens of a European Union Member State, a State of the European Economic Area or a State which subscribed with the EU an agreement on freedom of movement) and for stateless persons a period of minimum 3 years’ residence in the national territory, in order to have access to the Minimum Integration Income (Rendimento Social de Inserção), for violation of the principle of proportionality

Parties: Procuradora-Geral da República

Original language: Portuguese

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security - Social benefits

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