The Ministry of Social Security today clarified that foreign EU citizens still have to prove that reside for at least one year in Portugal, to benefit from the Social Integration Income (RSI).
According to a statement of guardianship, the Constitutional Court (TC) considered unconstitutional only the application of the rule to Portuguese citizens, so that it “preserves the essence of the measure and its justification.”
TC, whose intervention was requested by the Ombudsman, understood as a violation of the constitutional principle of equal standard that made entitlement of the Portuguese IHR recognition of his residence in Portugal, for a period at least one year.
The law on the award of the Social Integration Income was amended in 2012 to pass “to require a minimum of one year of residence in the country to foreign EU citizens and nationals who wish to benefit from it “need the ministry in a statement.
The protection justifies the change with the need to “avoid the so-called ‘social tourism’, that is, citizens of other states come to Portugal exclusively to receive social benefits.”
The Ombudsman considered that the imposition of the residence requirement for a minimum period of one year “disregarded the constitutional principles of universality and equality”, distinguishing Portuguese citizens on grounds of residence time in the country.
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