SUMMARIES
On this webpage are published the summaries of selected Rulings issued in earlier years 1987-2018.
([*] full text version)
([**] extended summary version)
([*] full text version)
([**] extended summary version)
2018
2017
| Rulings | Type | Subject matter |
| DPR | Regime governing the Public Control of the Wealth of Political Officeholders | |
| Sucessive | Rules of Court | |
| Sucessive | Administrative Law – Transport Law | |
| Appeal | Civil Law – Protection of Minors | |
| Sucessive | Administrative Law | |
| Appeal | Criminal Procedural Law | |
| Appeal | Criminal Procedural Law | |
| Appeal | Administrative Law – Urban Planning Law | |
| Appeal | Labour Law | |
| Appeal | Juvenile Law | |
| Appeal | Criminal Procedural Law | |
| Appeal | Criminal Procedural Law | |
| Appeal | Scope – Criminal Proceedings | |
| Sucessive | Equality – Employment – In public law | |
| Appeal | Health and safety at work | |
| Sucessive | Public Finances | |
| Appeal | Criminal Proceedings |
2016
| Rulings | Type | Subject matter |
| Sucessive | Constitutional principles – Administrative Law | |
| Appeal | Civil Law – civil liability | |
| Appeal | Administrative Law | |
| Appeal | Labour Law | |
| Appeal | Administrative Law | |
| Appeal | Nationality Law | |
| Appeal | Family Law | |
| Appeal | Criminal Law | |
| Appeal | Criminal Law | |
| Appeal | Family Law | |
| Appeal | Nationality Law | |
| Appeal | Criminal Procedural Law | |
| Appeal | Civil Law | |
| Appeal | Criminal Procedural Law | |
| Appeal | Judicial Law | |
| Appeal | Administrative Law – Disciplinary administrative law | |
| Appeal | Criminal Law | |
| Appeal | Labour Law |
2015
| Rulings | Type | Subject matter |
| Appeal | Rules of Court | |
| Sucessive | Notarial Law / Criminal Law | |
| Appeal | Criminal Law | |
| Appeal | Civil Procedure / Patent Law | |
| Sucessive | Social Security Law | |
| Electoral | Electoral Law | |
| Appeal | Financial Law / Labour Law | |
| Sucessive | Labour Law | |
| Sucessive | Social Security Law | |
| Appeal | Administrative Law | |
| Appeal | Law governing the Judicial System | |
| Appeal | Family Law | |
| Appeal | Civil Law | |
| Preventive | Criminal Law | |
| Political party | Political parties | |
| Preventive | Defence Law | |
| Appeal | Criminal Procedural Law | |
| Sucessive | Local Authority Administrative Law | |
| Sucessive | Administrative Law | |
| Sucessive | Labour Law | |
| Sucessive | General constitutional principles governing the organisation of the economy – sectors of ownership of the means of production – cooperative and social sector | |
| Appeal | Criminal Procedural Law |
2014
| Rulings | Type | Subject matter |
| Appeal | Highway Law | |
| Appeal | Youth Custody, Protection and Re-education Law | |
| Sucessive | Criminal Procedural Law | |
| Referendum | Adoption; co-adoption; joint adoption | |
| Appeal | Administrative Law – public contracts | |
| Sucessive | Environmental Law – Law of the Sea. Autonomous regions | |
| Appeal | Family Law (minors) | |
| Sucessive | State Budget Law for 2014 | |
| Appeal | Property Law - easements | |
| Appeal | Fundamental rights. Labour Law | |
| Appeal | Fundamental rights. Labour Law | |
| Sucessive | State Budget Law for 2014 | |
| Preventive | Pay cuts for workers paid out of public funds in 2014-2015 and 2016-2018 | |
| Preventive | Proposed creation of a Sustainability Contribution | |
| Preventive | Fundamental rights – freedom of conscience and religion | |
| Appeal | Procedural rights | |
| Appeal | Criminal Law. General principles governing fundamental rights and duties | |
| Sucessive | Administrative Law | |
| Appeal | Criminal Law | |
| Appeal | Civil Law – Real Rights | |
| Appeal | Administrative Law | |
| Appeal | Administrative Law – Public Service Law |
2013
| Rulings | Type | Subject matter |
| Appeal | Environmental Law | |
| Sucessive | The profession of seafarer | |
| Appeal | Criminal Law - crimes against sexual freedom | |
| Appeal | Code of Criminal Procedure (CPP) – home searches | |
| Appeal | Family Law – rental of the family home imposed by judicial decision in cases of divorce | |
| Appeal | Law governing Youth Custody, Protection and Re-education | |
| Sucessive | State Budget Law for 2013 | |
| Preventive | Justice Administration – Sports Arbitration Tribunal (TAD) | |
| Appeal | Family Law - adoption | |
| Appeal | The Statute governing Judges | |
| Appeal | Administrative-offence proceedings – imposition of fines | |
| Appeal | Highway Law – driving under the influence of alcohol | |
| Preventive | Civil Service Law - public legal employment relationship | |
| Sucessive | Labour Law | |
| Appeal | Nationality Law | |
| Appeal | Labour Law – Trade Union Law | |
| Sucessive | Tax and Fiscal Law | |
| Sucessive | Sports Law | |
| Sucessive | Labour Law | |
| Preventive | Labour Law – Civil Service Law |
2012
| Rulings | Type | Subject matter |
| Appeal | Retroactive efficacy of new time limits for bringing legal actions | |
| Appeal | Principles governing mere administrative offences | |
| Referendum | Local referendum | |
| Appeal | Right to an appeal in criminal proceedings | |
| Appeal | Environmental administrative offence | |
| Appeal | Legislative options with regard to the protection of legal assets by means of the criminalisation of certain forms of behaviour | |
| Appeal | Urgent criminal proceedings | |
| Preventive | Prior review of the crime of illicit enrichment | |
| Appeal | Family Law – time limits on bringing filiation investigation actions. | |
| Appeal | Environmental Law – prevention and control of polluting atmospheric emissions. | |
| Sucessive | Review of the constitutionality of norms contained in the State Budget Law for 2012. | |
| Appeal | Extradition proceedings | |
| Preventive | Environmental Law – tourism spatial plan. | |
| Preventive | Public health policies | |
| Sucessive | Scope of some of the Ombudsman’s areas of competence, and preconditions for exercise of the right to lodge a complaint. | |
| Appeal | The Penal Code – prescription of criminal proceedings. | |
| Appeal | The burden of proof in labour-law proceedings. | |
| Appeal | The right of appeal in criminal procedural law. | |
| Appeal | Fiscal Law – municipal charges and other local authority revenues. |
2011
| Rulings | Type | Subject matter |
| Appeal | Property rights – Expropriation Code | |
| Appeal | Family Law, the law with regard to minors | |
| Appeal | Transmission by the media of the audio recordings of trial hearings | |
| Appeal | Procedural safeguards, rights of the defence and to a fair trial – rules of evidence | |
| Appeal | Code of Judicial Costs | |
| Appeal | Work-related accidents | |
| Appeal | Lapse of paternity investigation actions | |
| Preventive | Separation of powers | |
| Appeal | Exercise of sanctionary powers by the Public Administration – legal regime governing the prevention and control of polluting atmospheric emissions | |
| Appeal | Statute governing the Administrative and Fiscal Courts | |
| Appeal | Labour Code – access to the law and the courts | |
| Appeal | Lapse of paternity investigation actions | |
| Appeal | Code of Criminal Procedure – mental disability | |
| Appeal | Regime governing the exercise of parental responsibilities | |
| Sucessive | Family Law, Minors Law | |
| Appeal | Paternity investigation actions | |
| Appeal | Court composition – intervention of a jury in a judgement | |
| Appeal | Legal regime governing competition | |
| Sucessive | Social sector of ownership of the means of production | |
| Appeal | Sexual procurement |
2010
| Rulings | Type | Subject matter |
| Appeal | Adversarial principle | |
| Appeal | Right to unemployment benefit | |
| Sucessive | Abortion | |
| Preventive | Same-sex marriage | |
| Sucessive | Civil service | |
| Appeal | Restriction of the right of appeal | |
| Appeal | Compensation for remand in custody | |
| Appeal | Access to justice by for-profit legal persons | |
| Sucessive | Freedoms of expression and information | |
| Appeal | Attachment of the minimum wage | |
| Sucessive | Labour Code norms | |
| Sucessive | Retroactive personal income tax provisions | |
| Appeal | Parental responsibilities | |
| Appeal | Access to administrative documents |
2009
| Rulings | Type | Subject matter |
| Sucessive | Medically assisted procreation | |
| Sucessive | Limits of access to justice | |
| Appeal | Revision of pensions | |
| Sucessive | Restrictions on civil capacity | |
| Sucessive | Public health protection | |
| Appeal | Evaluation of evidence | |
| Electoral | Ineligibility | |
| Appeal | Access to constitutional justice | |
| Appeal | Same-sex marriage | |
| Preventive | Open prison | |
| Appeal | Inviolability of telephone communications | |
| Appeal | Compensation in case of nationalisation | |
| Appeal | Access to constitutional justice | |
| Appeal | Reparation for damages | |
| Appeal | Compensation for expropriations |
2008
| Rulings | Type | Subject matter |
| Appeal | Limits on access to courts | |
| Appeal | Legal aid | |
| Appeal | Principle of equality | |
| Appeal | Arbitrariness Discrimination | |
| Appeal | Freedom of the written press | |
| Appeal | Access to courts | |
| Sucessive | Cohabiting couples | |
| Appeal | Investigations in criminal proceedings | |
| Appeal | Compensation for damage to property | |
| Appeal | Amnesty | |
| Appeal | University autonomy | |
| Appeal | Right to environment | |
| Preventive | Protection of employees |
2007
| Rulings | Type | Subject matter |
| Appeal | Best interest of the child | |
| Appeal | Right to private life | |
| Appeal | Compensation for damage caused by the state | |
| Appeal | Right to personal integrity | |
| Appeal | Freedom of contract | |
| Appeal | Inviolability of domicile | |
| Preventive | Banking secrecy | |
| Appeal | Challenge to paternity | |
| Appeal | Challenge to paternity | |
| Appeal | Marital property system |
2006
2005
| Rulings | Type | Subject matter |
| Appeal | Compensation for extra-contractual civil liability pertaining to the state | |
| Sucessive | Statute governing the remuneration of elected local authority officeholders | |
| Appeal | Compensation for the compulsory slaughter of animals on public-health grounds | |
| Sucessive | Limits on the legislative competence of autonomous regions | |
| Appeal | Homosexual abuse of minors | |
| Appeal | The right to the minimum needed to ensure an existence worthy of human dignity; “Organisation of the Protection of Minors” (title of the relevant law) – maintenance due to a minor child | |
| Preventive | Modification of the institutional structure of the legislative assembly of an autonomous region | |
| Appeal | Request for extradition under the International Convention for the Repression of Terrorist Bombing | |
| Appeal | The grant of Portuguese nationality by naturalisation | |
| Appeal | Statute governing survivor’s pensions in the civil and public service | |
| Appeal | Determination of paternity and paternity investigations undertaken on the initiative of the competent authorities |
2004
| Rulings | Type | Subject matter |
| Appeal | Survivor's pension | |
| Appeal | Protection of the right to a trade name | |
| Appeal | Telephone intercepts | |
| Sucessive | "International associations" | |
| Sucessive | Right to housing | |
| Appeal | Crime of breach of trust | |
| Preventive | Referendum on a Constitution for Europe |
2003
| Rulings | Type | Subject matter |
| Appeal | Legal regime governing campsites | |
| Preventive | Definition of and regime governing property in the public domain | |
| Political party | Organisation and operation of political parties | |
| Appeal | Cohabitee survivor’s pension | |
| Preventive | Law governing Political Parties | |
| Preventive | Labour Code | |
| Sucessive | Labour legislation, specifically with regard to the civil and public services | |
| Sucessive | Scope of and regime governing the civil and public services | |
| Appeal | Access to the law by non-resident foreigners | |
| Appeal | Investigation of paternity | |
| Appeal | Preferential creditors |
2002
| Rulings | Type | Subject matter |
| Preventive | Moment in time at which the government’s resignation should be considered to have taken effect | |
| Preventive | Constitutional definition of the scope of the powers of a government that has resigned | |
| Appeal | Telecommunications law | |
| Preventive | Public-sector media companies | |
| Appeal | The legal extent of non-pecuniary damages suffered by the surviving member of a de facto union when the other member was killed as the result of a culpable crime | |
| Sucessive | Mental and physical examination of workers under the Labour Code | |
| Political party | Challenging decisions taken by political parties | |
| Omission | Legislative omission | |
| Preventive | Social protection systems |
2001
| Rulings | Type | Subject matter |
| Sucessive | Restricted ownership regime | |
| Sucessive | The principle that the rights of European, other foreign and stateless citizens who reside or find themselves in Portugal are the same as those of Portuguese citizens | |
| Appeal | Ranking of creditors | |
| Appeal | Incompatibility of the cumulative exercise of more than one profession |
2000
| Rulings | Type | Subject matter |
| Sucessive | Fundamental principles regarding the electoral system | |
| Appeal | Guarantee of access to the courts | |
| Sucessive | Gaming law | |
| Sucessive | Freedom not to join trade unions | |
| Appeal | Publication of judgements in which persons are convicted and sentenced |
1999
| Rulings | Type | Subject matter |
| Appeal | The radio broadcasting business | |
| Referendum | Prior review of local referenda | |
| Appeal | Rights of trade union representatives | |
| Appeal | The right of access to administrative documents | |
| Preventive | Constitutional rules governing the approval of international treaties and agreements | |
| Sucessive | The political and administrative statutes of autonomous regions |
1998
| Rulings | Type | Subject matter |
| Referendum | Prior review of the constitutionality and legality of a draft referendum | |
| Referendum | Prior review of the constitutionality and legality of a draft referendum | |
| Appeal | Legal regime applicable to the trafficking and consumption of narcotics and psychotropic substances |
|
| Appeal | The determination of maternity or paternity by court order, and challenges against it | |
| Appeal | Hierarchical ranking of national and supranational law |
1997
| Rulings | Type | Subject matter |
| Preventive | Access to higher education | |
| Appeal | The regime governing remand in custody | |
| Appeal | Telephone intercepts | |
| Appeal | Amnesty | |
| Appeal | Community competition law | |
| Electoral | Local authority elections | |
| Preventive | Administrative regions | |
| Preventive | Autonomous regions |
1996
| Rulings | Type | Subject matter |
| Appeal | Military Code of Justice | |
| DPR | Public control of the wealth of political officeholders – free consultation by citizens and free disclosure of declarations of assets and income | |
| Appeal | Attributes and competences of the Media Authority | |
| President of the Republic | Head of state | |
| Appeal | Shotgun permit | |
| Sucessive | Extradition |
1995
| Rulings | Type | Subject matter |
| Preventive | Feedom of the press and right of response | |
| Appeal | Effects of penalties | |
| Appeal | Limits on the criminalisation of behaviour | |
| Political party | Registration of political parties on a specific register | |
| Appeal | Criminal procedural guarantees are not directly applicable to disciplinary proceedings | |
| Appeal | Economic or public health offences | |
| Appeal | Urban rentals | |
| Appeal | Bank secrecy | |
| Appeal | Right of asylum | |
| Appeal | Extradition | |
| Appeal | Conscientious objector status |
1994
| Rulings | Type | Subject matter |
| Political party | Fascist organisations | |
| Sucessive | The Legal Regime governing non-Customs-Related Fiscal Infractions – decriminalising forms of conduct that were previously typified as crimes and turning them into administrative offences instead | |
| Appeal | Parliamentary inquiries | |
| Appeal | The right to emigrate | |
| Preventive | Internal security – crime prevention | |
| Appeal | Validity of evidence in criminal proceedings | |
| DPR | Public control of the wealth of political officeholders | |
| Appeal | Procedural safeguards; the rights of the defence and to a fair trial in civil procedure | |
| Appeal | Sentences and security measures with an unlimited or unspecified duration | |
| Appeal | Request for a preliminary ruling by the Court of Justice of the European Communities | |
| Appeal | Principle of equality – positive discrimination based on gender |
1993
| Rulings | Type | Subject matter |
| Sucessive | Religious freedom – non-religious nature of public education |
1990
| Rulings | Type | Subject matter |
| Appeal | Referral for a preliminary ruling by the Court of Justice of the European Communities |
1987
| Rulings | Type | Subject matter |
| Sucessive | Religious freedom – regulations governing the concordat precept regarding teaching the subject Catholic Religion and Morals in public schools at the various levels of education |
