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European Welfare State Constitutions after the Financial Crisis
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European Welfare State Constitutions after the Financial Crisis

European Welfare State Constitutions after the Financial Crisis Edited by

U L R IC H B E C K E R Director at the Max Planck Institute for Social Law and Social Policy

A NA S TA SIA P OU L OU Senior Research Fellow at the Max Planck Institute for Social Law and Social Policy

1

3 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © The Contributors 2020 The moral rights of the authors have been asserted First Edition published in 2020 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2020940065 ISBN 978–0–19–885177–6 DOI: 10.1093/oso/9780198851776.001.0001 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

Preface Hit by the European financial and economic crisis that erupted in 2008, several Member States of the European Union, namely Latvia, Rumania, and Hungary, and of the European Monetary Union, namely Greece, Ireland, Portugal, and Cyprus, were unable to refinance their gross government debt through the financial market. As a result, they asked for financial assistance not only from already established international institutions, such as the International Monetary Fund or the World Bank, but also from newly created European financial assistance mechanisms, such as the European Financial Stabilisation Mechanism (EFSM), the European Financial Stability Facility (EFSF), and the European Stability Mechanism (ESM). Other EU Member States, such as Italy and Spain, were not officially subjected to a financial assistance scheme, but received informal instructions for the reduction of social security benefits. Despite their differences, strict conditionality represented a common ground for all types of financial assistance. The award of all loans was made dependent on the recipient state complying with economic policy conditions that were extremely broad in scope. Apart from budgetary discipline, the financial assistance conditions also related to what one would call the core of social policy, namely, cuts in pensions and social assistance, and reforms in public healthcare. The far-reaching reforms in the field of social security and assistance were in many cases experienced as violations of human rights by the respective right- holders, who sought legal protection in national and international courts. As a result, many national constitutional courts, but also the Court of Justice of the EU and the European Court of Human Rights, issued a series of rulings on the conformity of the social protection reforms that were initiated during the eurozone crisis with constitutional law and human rights. This international and national jurisprudence and the mounting concern about the implications of the relevant reforms in social protection for the application of constitutional law motivated the launch of the proposed edited collection. Given that the majority of countries under examination have exited the crisis, the book seeks to unfold the legacy of the crisis, highlighting the lessons learned from it in the field of social protection and constitutional law. This book aspires to offer a holistic approach that analyses both (1) the specific reforms in social protection introduced during the European financial crisis and (2) their implications for constitutional law. Against this background, its aim is twofold. First, it records and systematises the crisis-related reforms introduced in the field of social protection broadly understood, covering old-age benefits, social

vi Preface assistance allowances, unemployment benefits, and healthcare. This is done in a way that depicts the particular crisis experience of each country and links the crisis- related reforms with the overall national social policy developments. Second, the book aims to locate the social protection reforms within the constitutional framework of each country, by investigating the ways in which the application of constitutional law has changed during the crisis and the impact that this change has had on social democracy and the welfare state. More specifically, we were interested in investigating whether fundamental constitutional and democratic principles of the European welfare state, which traditionally recognises and protects social rights, were altered during the crisis. At the same time, taking such an approach presents a certain challenge to legal scholarship. To gain a better understanding of the welfare state, it is necessary to dig deeply into the depths of—the often complex—social protection laws, but without losing sight of its constitutional foundations. Yet, social protection law on the one hand and constitutional or human rights law on the other are often dealt with as separate subjects, due to a high degree of specialisation in legal research. We are very grateful that the authors took up this challenge and brought both fields of law together in this project. We would also like to thank Christina McAllister and Christian Günther for their valuable assistance in bringing this book into a readable and proper form. Finally, we have to thank Natalie Patey and Brianne Bellio from OUP for their kind support and help with the publication process. Ulrich Becker Anastasia Poulou Munich, April 2020

Table of Cases EUROPEAN COURT OF HUMAN RIGHTS App nos 21319/93, 21449/93 and 21675/93, judgment of 23 October 1997, National and Provincial Building Society and Others v United Kingdom, ECHR 1997-VII ��  169–70 App no 17371/90, judgment of 16 September 1996, Gaygusuz v Austria, ECHR 1996-IV ��  13–14 App no 56679/00, judgment of 28 April 2004 [GC], Azinas v Cyprus, ECHR 2004-III ��  13–14 App nos 65731/01 and 65900/01, judgment of 12 April [GC], 2006, STEC and Others v United Kingdom, ECHR 2006-VI �� 13–14,  169–70 App no 12045/06, judgment of 19 June 2008, Ichtigiaroglou v Greece, ECLI:CE:ECHR:2008:0619JUD001204506 ��  170–71 App nos 21838/10 and others, judgment of 15 April, 2014, Stefanetti and Others v Italy, ECLI:CE:ECHR:2014:0415JUD002183810 ��  13–14 App no 13902/11, decision of 20 March 2012, Ionel Panfile v. Romania, CE:ECHR:2012:0320DEC001390211 ��  129–30 App no 34929/11, decision of 30 January 2013, E.B. v Hungary, ECLI:CE:ECHR:2013:0115DEC003492911 ��  54–55 App nos 45312/11 and others, decision of 13 November 2012, Frimu and Others v. Romania, ECLI:CE:ECHR:2012:1113DEC004531211 ��  146 App nos 57665/12 and 57657/12, decision of 7 May 2013, Koufaki and Adedy v Greece, ECLI:CE:ECHR:2013:0507DEC005766512 �� 22–23, 166 App nos 62235/12 and 57725/12, decision of 8 October 2013, Da Conceição Mateus and Santos Januário v Portugal, ECLI:CE:ECHR:2013:1008DEC006223512 �� 13–14,  22–23 App no 53080/13, judgment of 13 December 2016, Béláné Nagy v. Hungary, ECLI:CE:ECHR:2016:1213JUD005308013 �� 61, 350 COURT OF JUSTICE OF THE EUROPEAN UNION C-249/96, judgment of 17 February 1998, Lisa Jacqueline Grant v South-West Trains Ltd., ECLI:EU:C:1998:63  ��  171 C-370/12, judgment of 27 November 2012, Thomas Pringle v Government of Ireland and Others, ECLI:EU:C:2012:756 ��  19–20 T-541/10, order of the General Court (First Chamber) of 27 November 2012, Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY) v Council of the European Union, ECLI:EU:T:2012:626 �� 40–41, 148 T-215/11, order of the General Court (First Chamber) of 27 November 2012, Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY) and Others v Council of the European Union, ECLI:EU:T:2012:627 �� 40–41, 166 C-206/13, judgment of 6 March 2014, Regione Siragusa v Regione Sicilia, ECLI:EU:C:2014:126 ��  10–11

xvi Table of Cases T-327/13, order of the General Court (First Chamber) of 16 October 2014, Mallis and Malli v Commission and ECB, ECLI:EU:T:2014:909  ��  34 T-328/13, order of the General Court (First Chamber) of 16 October 2014, Tameio Pronoias Prosopikou Trapezis Kyprou v Commission and ECB, ECLI:EU:T:2014:906 ��  34 T-329/13, order of the General Court (First Chamber) of 16 October 2014, Chatzithoma v Commission and ECB, ECLI:EU:T:2014:908 ��  34 T-330/13, order of the General Court (First Chamber) of 16 October 2014, Chatziioannou v Commission and ECB, ECLI:EU:T:2014:904 ��  34 T-331/13, order of the General Court (First Chamber) of 16 October 2014, Nikolaou v Commission and ECB, ECLI:EU:T:2014:905 ��  34 C-105-109/15 P, judgment of 20 September 2016, Mallis and Others v Commission and ECB, ECLI:EU:C:2016:702 �� 30–31,  34–35 C-258/14, judgment of 13 June 2017, Florescu, ECLI:EU:C:2017:448 �� 5, 10–11, 13–14, 29 C-8/15 P to C-10/15 P, judgement of 20 September 2016, Ledra Advertising Ltd and Others v European Commission and European Central Bank (ECB), ECLI:EU:C:2016:701 �� 37–38, 266 C-189/16, judgment of 7 December 2017, Zaniewicz-Dybeck v Pensionsmyndigheten, ECLI:EU:C:2017:946 ��  10–11 C-569/16 and C-570/16, judgment of 6 November 2018, Bauer and Willmeroth, ECLI:EU:C:2018:871 ��  10–11 CYPRUS: SUPREME COURT App no 1722, decision of 27 February 1997, Patsalosavvi-Leontiou v the Republic, (1997) 3 CLR 70 ��  261 Case no 863/1999, decision of 16 January 2001, Laoutas v the Republic, (2001) 3 CLR 40 ��  274 Case no 369/2001, decision of 23 May 2001, Aziz v the Republic, (2001) 3 CLR 501 ��  272–73 Case no 3135, decision of 18 April 2003, Electricity Authority of Cyprus v Filiastidi, (2003) 3 CLR 342  ��  261 Case no 346/2011, decision of 4 October 2012, Andreas Christou et al v the Republic ��  261–62 Case nos 551/2013 and others, decision of 7 June 2013, Christodoulou et al v Central Bank of Cyprus et al (2013) 3 CLR 427 �� 246–47,  272–73 Case nos 397/2012 and others, decision of 14 June 2013, Fylactou et al v the Republic, (2013) 3 CLR 565 ��  273–74 Joined Cases nos 1480/2011 and others, decision of 11 June 2014, Charalambous et al v the Republic, ECLI:CY:AD:2014:C386 �� 262, 265–69, 270–73, 274–75 Case no 5894/2013, decision of 11 September 2014, Andreou v Ministry of Labour, Welfare and Social Insurance (Social Welfare Services), ECLI:CY:AD:2014:D667 ��  261–62 Joined Cases nos 740/2011 and others, decision of 7 October 2014, Koutselini-Ioannidou et al v the Republic, ECLI:CY:AD:2014:C748 �� 265, 266–72,  274–75 Joined Cases nos 1034/2013 and others, decision of 9 October 2014, Demetriou et al v Central Bank of Cyprus et al, ECLI:CY:AD:2014:C758 ��  246 Case no 6462/2013, decision of 30 December 2015, Charalambous v the Republic, ECLI:CY:AD:2015:D872 ��  261–62

Table of Cases xvii Case no 426/2015, decision of 31 December 2015, Kakoulli v Ministry of Labour, Welfare and Social Insurance (Department of Social Services), ECLI:CY:AD:2015:D873 ��  261–62 Reference no 2/2016, decision of 7 July 2017, President v House of Representatives, ECLI:CY:AD:2017:C243 ��  272–73 CYPRUS: ADMINISTRATIVE COURT App no 5808/2013, decision of 10 February 2016, Demourtsidou v the Republic, ECLI:CY:DD:2016:15 ��  261–62 Joined App nos 441/2014 and others, decision of 12 November 2018, Christodoulidou et al v the Republic, ECLI:CY:DD:2018:499 �� 267–68,  271–72 Joined App nos 898/2013 and others, decision of 27 November 2018, Avgousti et al v the Republic, ECLI:CY:DD:2018:517 �� 258–59, 268–71, 275 App no 620/2014, decision of 19 December 2018, Papadopoulou v the Republic, ECLI:CY:DD:2018:545 ��  273–74 App no 6182/2013, decision of 28 December 2018, Hadjipanagiotis et al v the Republic, ECLI:CY:DD:2018:550 ��  268–69 Joined App nos 6175/2013 and others, decision of 15 March 2019, Parklane Hotels Ltd et al v the Republic, ECLI:CY:DD:2019:132  ��  247 Joined App nos 1713/2011 and others, decision of 29 March 2019, Filippou et al v the Republic, ECLI:CY:DD:2019:150 �� 270–71, 275 Joined App nos 611/2012 and others, decision of 29 March 2019, Koundourou et al v the Republic, ECLI:CY:DD:2019:155 �� 270, 275 Joined App nos 98/2013 and others, decision of 29 March 2019, Nicolaidi et al v the Republic, ECLI:CY:DD:2019:160 �� 258–59, 269–71, 275 App no 1375/2017, decision of 30 May 2019, Parparinou v the Republic, ECLI:CY:DD:2019:294 ��  273–74 App no 1680/2015, decision of 3 June 2019, Hadjihambis et al v the Republic, ECLI:CY:DD:2019:318 ��  273–74 App no 1187/2014, decision of 3 June 2019, Hadjihambis v the Republic, ECLI:CY:DD:2019:317 ��  273–74 App no 526/2015, decision of 3 June 2019, Paschalides v the Republic, ECLI:CY:DD:2019:320 ��  273–74 App no 235/2015, decision of 3 June 2019, Paschalides v the Republic, ECLI:CY:DD:2019:319 ��  273–74 App no 440/2017, decision of 4 June 2019, Pamballi v the Republic, ECLI:CY:DD:2019:324 ��  273–74 App no 1291/2018, decision of 14 June 2019, Kleanthous v the Republic, ECLI:CY:DD:2019:340 ��  273–74 App no 439/2017, decision of 26 June 2019, Nicolatos v the Republic, ECLI:CY:DD:2019:358 ��  273–74 App no 830/2017, decision of 28 June 20019, Spiridaki v the Republic, ECLI:CY:DD:2019:378 ��  270–71 App no 982/2018, decision of 4 July 2019, Pouyiourou v the Republic, ECLI:CY:DD:2019:393 ��  273–74 App no 320/2015, decision of 29 July 2019, Petridi v the Republic, ECLI:CY:DD:2019:442 ��  270–71 App no 527/2017, decision of 29 July 2019, Michaelidou v the Republic, ECLI:CY:DD:2019:445 ��  273–74

xviii Table of Cases CYPRUS: DISTRICT COURT Case no 3005/2013, decision of 17 July 2013, Santis v Bank of Cyprus Public Company Ltd et al, ECLI:CY:EDLEF:2013:A281 ��  246 Case no 4990/2013, interim decision of 30 April 2014, Green Power Energy Ltd v Cyprus Popular Bank Public Company Ltd et al, ECLI:CY:EDLEM:2014:A189 ��  246 Case no 6914/2012, decision of 22 March 2017, Pancyprian Organization of Large Families et al v Attorney-General ��  261 HUNGARY: CONSTITUTIONAL COURT 24/1991 (V. 18.) order of 7.May 1991, Social Insurance Fund, 1991/363  ��  67 43/1995 (VI.30.), decision of 30 June 1995, Legal certainty, Constitutional State and Right to social security, 1995/188 ��  71, 72 32/1998 (VI. 25), decision of 22 June 1998, Right to social security, 1998/251 ��  67–68 42/2000 (XI.8.), decision of 7 November 2000, Right to social security and right to housing, 2000/329  ��  72 1228/B/2010 (VI.07.), decision of 7 June, 2010, Social insurance pension, 2011/2252  ��  61 28/2015 (IX.24.), decision of 22 September 2015, Early retirement for women, 2015/0028 ��  69–70 21/2018 (XI.14.), decision of 6 November 2018, Rehabilitation benefit, disability benefit and international (ECHR and UN CRPD) and national law compliance, 2018/507  ��  61 GERMANY: FEDERAL CONSTITUTIONAL COURT 1 BvR 596/56, judgment of 11 November 1958, Apothekenurteil, 7 BVerfGE 377 ��  14–15 2 BvE 2/08 and others, judgment of 30 June 2009, Lisbon, 123 BVerfGE 267 ��  10 1 BvL 1/09 and others, judgment of 9 February 2010, Arbeitslosengeld II, 125 BVerfGE 175 �� 12, 172–73 2 BvR 2661/06, judgment of 6 July 2010, Honeywell, 126 BVerfGE 268  ��  10 2 BvR 987/10 and others, judgement of 7 September 2011, Griechenland-Hilfe und Euro-Rettungsschirm, 129 BVerfGE 124 ��  167–68 1 BvL 10/10, judgment of 18 July 2012, Asylbewerberleistungsgesetz, 132 BVerfGE 134 ��  12 2 BvR 2728/13 and others, decision of 14 January 2014, OMT, 134 BVerfGE 366 ��  10 GREECE: COUNCIL OF STATE 5024/1987, judgment of 2 December 1987 (plenary session) ��  153 241/1989, judgment of 30 January 1989 �� 153, 154–55 4387/1997, judgment of 20 October 1997 ��  154–55 3478/2008, judgment of 26 November 2008 ��  173 3487/2008, judgment of 27 November 2008 (plenary session)  ��  154 1187–8/2009, judgment of 2 April 2009 (plenary session) ��  177–78 1663/2009, judgment of 13 May 2009 (plenary session) ��  169–70 1689/2009, judgment of 18 May 2009 (7-member chamber) ��  153 2024/2009, judgment of 15 June 2009 ��  153

Table of Cases xix 2999/2009, judgment of 5 October 2009 ��  173 2679/2011, judgment of 19 September 2011 (plenary session)  ��  173 668/2012, judgment of 20 February 2012 (plenary session) �� 38, 169 1283-6/2012, judgment of 2 April 2012 (plenary session) �� 38, 170–71 1812/2013, judgment of 13 May 2013 ��  177–78 3613/2013, judgment of 21 October 2013 (7-member chamber)  ��  173 3016/2014, judgment of 19 September 2014 (plenary session) ��  174–75 3724/2014, judgment of 27 October 2014 (plenary session)  ��  175 3410/2014, judgment of 13 October 2014 (7-member chamber)  ��  153 3663/2014, judgment of 23 October 2014 (7-member chamber)  ��  153 3962/2014, judgment of 11 November 2014 (plenary session) ��  177–78 2288–2290/2015, judgment of 10 June 2015 (plenary session) �� 153, 154, 158–59, 167–68, 171–72, 175–76 734/2016, judgment of 17 March 2016 (plenary session) ��  173 1749/2016, judgment of 16 September 2016 (plenary session) �� 154–55, 178 2677/2016, judgment of 13 December 2016 (7-member chamber) ��  178 960/2017, judgment of 3 April 2017 (7-member chamber)  ��  157 1580–1/2017, judgment of 12 June 2017 ��  179 3047–8/2017, judgment of 28 November 2017 (7-member chamber) ��  179 1010/2019, judgment of 28 May 2019 (7-member chamber) ��  153 1374/2019, judgment of 25 July 2019 ��  153 1784-5/2019, judgment of 24 September 2019 ��  179 1880–1897/2019, judgment of 4 October 2019 (plenary session) ��  173–74 1891/2019, judgment of 4 October 2019 (plenary session) �� 153, 154 1900–1904/2019, judgment of 4 October 2019 (plenary session) ��  173–74 2126/2019, judgment of 4 November 2019 ��  153 1439-1443/2020, judgment of 14 July 2020 (plenary session) �� 159, 174–75 IRELAND: IRISH HIGH COURT Judgment of 9 July 1980, Cahill v Sutton [1980] IR 269 ��  200–1 Judgment of 31 July 2009, Curran v Minister for Education [2009] 4 IR 300 ��  204 Judgment of 17 December 2009, J & J Haire & Company Ltd and Others v Minister for Health and Children and Others [2009] IEHC 562 ��  201–2 Judgment of 25 March 2010, Garda Representative Association (GRA) v Minister for Finance [2010] IEHC 78 ��  201–2 Judgment of 8 October 2010, Unite the Union and Paul Gallagher v Minister for Finance [2010] IEHC 354 ��  201–2 IRELAND: IRISH SUPREME COURT Judgment of 1984, Brennan v Attorney General [1984] ILRM 355 ��  201–2 Judgment of 1984, Madigan v Attorney General [1986] ILRM 136 ��  201–2 Judgment of 19 July 2001, Glencar Exploration plc v Mayo County Council (No. 2) [2002] 1 IR 84 �� 201–2, 204 Judgment of 3 February 2011, Dellway Investments Limited and Others v National Asset Management Agency [2011] 4 JIC 1202 ��  201–2 ITALY: CONSTITUTIONAL COURT 260/1990, judgment of 23 May 1990 ��  306 356/1992, judgment of 8 July 1992 ��  306

xx Table of Cases 78/1995, judgment of 23 February 1995 ��  306 88/1995, judgment of 8 March 1995  ��  306 309/1999, judgment of 7 July 1999 ��  306 376/2000, judgment of 12 July 2000 ��  306 252/2001, judgment of 5 July 2001 ��  306 16/2010, judgment of 13 January 2010 �� 299–300 52/2010, judgment of 10 February 2010 �� 299–300 326/2010, judgment of 3 November 2010 �� 299–300 232/2011, judgment of 19 July 2011 �� 299–300 148/2012, judgment of 4 June 2012 �� 299–300 193/2012, judgment of 17 July 2012 ��  300–1 198/2012, judgment of 17 July 2012 �� 299–300 223/2012, judgment of 8 October 2012 ��  298–99 60/2013, judgment of 26 March 2013 �� 299–300 116/2013, judgment of 3 June 2013 ��  298–99 138/2013, judgment of 5 June 2013 �� 299–300 205/2013, judgment of 3 July 2013 �� 299–301 229/2013, judgment of 16 July 2013 ��  300–1 236/2013judgment of 17 July 2013 ��  300–1 304/2013, judgment of 4 December 2013 ��  298–99 310/2013, judgment of 10 December 2013 ��  298–99 22/2014, judgment of 10 February 2014 �� 299–301 23/2014, judgment of 10 February 2014 ��  300–1 39/2014, judgment of 26 February 2014 �� 299–300 40/2014, judgment of 26 February 2014 �� 299–300 79/2014, judgment of 7 April 2014 ��  300–1 88/2014, judgment of 7 April 2014 �� 299–301 188/2014, judgment of 23 June 2014 �� 299–300 10/2015, judgment of 9 February 2015 ��  301–3 70/2015, judgment of 10 March 2015 �� 303–4,  306–7 77/2015, judgment of 24 March 2015  ��  305 152/2015, judgment of 9 June 2015 ��  305 178/2015, judgment of 24 June 2015 ��  302–3 188/2015, judgment of 9 June 2015 ��  304 227/2015, judgment of 7 October 2015 ��  305 250/2015, judgment of 3 November 2015 ��  305 272/2015, judgment of 1 December 2015 ��  305 10/2016, judgment of 12 January 2016  ��  306 65/2016, judgment of 10 February 2016 ��  305 127/2016, judgment of 3 May 2016 ��  305 151/2016, judgment of 3 May 2016 ��  305 160/2016, judgment of 17 May 2016 ��  305 186/2016, judgment of 6 July 2016 ��  305 202/2016, judgment of 3 May 2016 ��  305 205/2016, judgment of 6 July 2016 ��  305 275/2016, judgment of 19 October 2016 ��  301–2 106/2017, judgment of 11 April 2017  ��  305 135/2017, judgment of 9 May 2017 ��  305 150/2017, judgment of 11 April 2017  ��  307 154/2017, judgment of 9 May 2017 ��  305 169/2017, judgment of 21 March 2017 �� 305, 306 190/2017, judgment of 23 May 2017 ��  305

Table of Cases xxi 247/2017, judgment of 11 October 2017 ��  305 250/2017, judgment of 25 October 2017 ��  307 61/2018, judgment of 23 January 2018 �� 307, 310 83/2019, judgment of 20 February 2019 ��  306 LATVIA: CONSTITUTIONAL COURT Case no 2009-08-01, decision of 27 November 2009, ‘On Compliance of the Words “State Pensions Shall Not Be Revised in 2009” of Section 2 of Law “On Amendments to Law On State Pensions” of 12 March 2009 with Article 1 and Article 109 of the Satversme of the Republic of Latvia’, OG no 187 of 27 November 2009 ��  83–84 Case no 2009-43-01, decision of 21 December 2009, ‘On Compliance of the First Part of Article 3 of the Law “On State Pension and Allowance Disbursement from 2009 to 2012” insofar as it Applies to State Old-Age Pension with Article 1, Article 91, Article 105 and Article 109 of the Satversme of the Republic of Latvia’, OG no 201 of 22 December 2009 �� 82, 83–84 Case no 2009-44-01, decision of 15 March 2010, ‘On Compliance of Section 5 (1) of Law On Payment of State Allowances during the Time Period from 2009 to 2012 with Article 1, Article 91 and Article 109 of the Satversme (Constitution) of the Republic of Latvia’, OG no 43 of 17 March 2010 ��  83–84 Case no 2009-76-01, decision of 31 March 2010, ‘On Compliance of Point 20 of the Transitional Provisions of the Law “On Long-Service Pensions for Ministry of the Interior System Employees with Special Service Ranks” with Article 1 and 109 of the Satversme of the Republic of Latvia’, OG no 54 of 6 April 2010 ��  83–84 Case no 2009-86-01, decision of 21 April 2010, ‘On Compliance of Point 8 of the Transitional Provisions of the Law on Long Service Pensions for Public Prosecutors with Article 1, Article 91 and Article 109 of the Satversme of the Republic of Latvia’, OG no 65 of 23 April 2010 ��  83–84 Case no 2009-88-01, decision of 15 April 2010, ‘On Compliance of Points 14, 16 and 17 of the Transitional Provisions of the Law “On Long Service Pensions of Military Persons” with Article 1, Article 91 and Article 109 of the Satversme of the Republic of Latvia’, OG no 62 of 20 April 2020 ��  83–84 PORTUGAL: CONSTITUTIONAL COURT 411/99, judgment of 29 June 1999, Direito à pensão, DRE, Série II, of 10 March 2000 �� 233n.128 620/2007, judgment of 20 December 2011, Regimes de vinculação, de carreiras e de remunerações dos trabalhadores que exercem funções públicas, DRE, Série I, of 11 January 2008 �� 223n.106 396/2011, judgment of 21 September 2011, Lei do Orçamento do Estado para 2011, DRE, Série I, of 20 July 2012 �� 38, 223n.106, 264 353/2012, judgment of 5 July 2012, Lei do Orçamento do Estado para 2012, DRE, Série II, of 17 October 2011 �� 38, 225, 226 187/2013, judgment of 5 April 2013, Lei do Orçamento do Estado para 2013, DRE, Série I, of 22 April 2013 �� 14, 38, 216–17n.63, 226, 228–29 862/2013, judgment of 19 December 2013, Mecanismos de convergência de proteção social, DRE Série I, of 7 January, 2014 �� 14, 216–17n.64, 228–29 413/2014, judgment of 30 May 2014, Lei do Orçamento do Estado para 2014, DRE, Série I, of 26 June 2014 �� 218n.78, 230–31

xxii Table of Cases 572/2014, judgment of 30 July 2014, Primeira alteração à Lei do Orçamento do Estado para 2014, DRE, Série II, of 21 August 2014 �� 216–17n.65, 229, 231 575/2014, judgment of 14 August 2014, Contribuição de sustentabilidade, DRE, Série I, of 3 September 2014 ��  230 141/2015, judgment of 25 February 2015, Período de residência mínima para acesso ao rendimento social de inserção, DRE, Série I, of 16 March 2015 ��  231 296/2015, judgment of 25 May 2015, Período de residência mínima para acesso ao rendimento social de inserção, DRE, Série I, of 15 June 2015  ��  231 494/2015, judgment of 7 October 2015, Acordos coletivos de empregador público no âmbito da administração autárquica, DRE, Série I, of 22 October 2015 �� 223n.107 ROMANIA: CONSTITUTIONAL COURT Decision no. 20 of 2 February 2000, 5AI/2000, OG 72/18.02.2000 ��  133 Decision no. 375 of 6 July 2005, 565AI/2005, OG 591/08.07.2005 �� 129–30, 133 Decision no. 1094 of 15 October 2008, 1983AI/2008, OG 721/23.10.2008 ��  140–41 Decision no. 1221 of 12 November 2008, 2179D/2008, OG 804/02.12.2008 ��  127 Decision no. 82 of 15 January 2009, 42D/2009, OG 33/16.01.2009 ��  126–27 Decision no 842 of 2 June 2009, 884D/2009, OG 464/06.07.2009 ��  127 Decision no. 984 of 30 June 2009, 1104D/2009, OG 542/04.08.2009  ��  127 Decision no. 989 of 30 June 2009, 1065D/2009, OG 531/31.07.2009  ��  127 Decision no. 1414 of 4 November 2009, 7271AI/2009, OG 796/23.11.2009 �� 129, 136, 142 Decision no. 871 of 25 June 2010, 1522AI/2010, OG 433/28.06.2010 �� 132, 134, 139–40 Decision no. 872 of 25 June 2010, 1532AI/2010, OG 433/28.06.2010 �� 128, 130 Decision no. 873 of 25 June 2010, 1533AI/2010, OG 433/28.06.2010 ��  132 Decision no. 874 of 25 June 2010, 1542AI/2010, OG 433/28.06.2010 �� 128, 130 Decision no. 297 of 1 March 2011, 952D/2010, OG 513/02.07.2011 ��  129 Decision no. 1283 of 29 September 2011, 4694D/2010, OG 826/22.11.2011 ��  140–41 Decision no. 1284 of 29 September 2011, 4753D/2010, OG 838/25.11.2011 ��  141 Decision no. 1285 of 29 September 2011, 77D/2011, OG 845/29.11.2011 ��  141 Decision no. 1380 of 18 October 2011, 976D/2011, OG 847/29.11.2011 ��  133–34 Decision no. 297 of 27 March 2012, 1200D/2011, OG 309/09.05.2012 ��  140 Decision no. 193 of 2 April 2013, 112D/2013, OG 416/10.07.2013 ��  144 Decision no. 42 of 22 January 2014, 488D/2013, OG 210/25.03.2014 ��  127�