Court declares law limiting return of Civil Servants to CGA "unconstitutional"

There are already court decisions declaring the "unconstitutionality" of the interpretative law that restricts the subscription of public employees to the General Pensions Fund (CGA) due to "violation of the principle of trust", an example being one issued, at the beginning of this year, by the Administrative and Fiscal Court of Penafiel which determined the re-registration of a teacher in the convergent social protection subsystem with effect from October 20, 2009, to which Eco had access.

The case at issue is that of a teacher who began teaching in 2001 and was admitted to the CGA that same year, and who worked at several schools. Between 2004 and 2009, he interrupted his teaching activities and then returned to the public school, but his request to re-enroll at the CGA was refused, reports the economic publication.

This decision - as explained - only concerns this particular situation and cannot be applied to others, but, after three trials of this nature, the plenary of the Constitutional Court must pronounce itself and decide whether or not to eliminate the rule.