NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • Deloitte Fast 50
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / Business

Portugal's post-coup Constitution foils government

AP
13 Sep, 2013 07:59 AM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

LISBON, Portugal (AP) Three times over the past year, the 13 judges of Portugal's Constitutional Court have solemnly filed into a tall-ceilinged room in Lisbon's 19th-century Palacio Ratton and slammed the brakes on key steps in the country's attempts to overhaul its economy.

Dressed in full-length black robes, the judges ruled that the government's plans to cut spending by more than 3 billion euros ($4 billion) were unconstitutional because they would infringe on workers' rights, including equality and job security.

Since coming to power two years ago, the government hasn't won a single economic argument with the court and has had to scramble to make up the budget shortfall, largely through higher taxes. Those increases have cost many people the equivalent of more than a month's pay this year.

The rulings have tried the patience of Prime Minister Pedro Passos Coelho, who is desperately trying to conclude Portugal's three-year bailout program. He has urged the judges to show "more common sense" and take into account the country's economic plight. Portuguese government attorneys are now scouring law books, looking for a way through the constitutional minefield.

The repeated rebuffs highlight some of the difficulties encountered by debt-heavy southern European governments as they attempt to jettison costly entitlements and safeguards that were adopted last century.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

For Portugal, which needed a 78 billion euros ($103 billion) rescue in 2011, the problem is becoming acute. Under the terms of the bailout agreement, it is supposed to get its finances back on a sustainable footing by the middle of next year. But that goal is increasingly in doubt as the center-right coalition government has missed deficit targets, and Portugal may need more help.

Though possessing one of the smallest economies among the 17 countries sharing the euro currency, its constitutional predicament could keep a fire under the bloc's debt crisis.

The country's unemployment rate stands at 16.5 percent, and the economy is expected to shrink 2.3 percent this year for a third straight year of recession. The government has fallen short of its initial budget deficit targets for the past two years.

Advertisement
Advertise with NZME.

The Portuguese Constitution was written almost 40 years ago following a 1974 military coup that ousted a dictatorship established by Antonio Salazar in the 1930s. After the so-called Carnation Revolution, the country lurched to the political left. Its new Constitution enshrined previously neglected workers' rights.

Since then, amendments have stripped the Constitution of its more radical features, such as the pursuit of a "classless society" and the "socialization of the means of production." But its preamble still speaks of "paving the way for a socialist society." And working for the government has for years been prized in Portugal, as it offers shorter working hours, is commonly a job for life, and still provides a better pension than in the private sector thanks to the constitutional guarantees.

Portugal's bailout creditors the country's fellow euro members, the European Central Bank and the International Monetary Fund insist the government employs too many people and pay and pensions are too generous. Their demand for cuts in the payroll of some 574,000 staff is a key plank of the bailout program.

However, the Constitutional Court has repeatedly struck down government plans to reform and save money:

Measures that would scrap last year's vacation and Christmas bonus for government workers and pensioners were ruled by the judges to violate the principle of equality as private-sector workers would still get their bonuses. The missed saving: 1.065 billion euros.

Earlier this year, more pay cuts, including to bonuses and welfare payments, failed to make it past Palacio Ratton. Lost saving: 1.326 billion euros.

The latest black eye for the government came in August, when the court ruled that a plan to retrain surplus government workers and then, if there is no place for them, lay them off was ruled unconstitutional. It violated guarantees of job security, the judges declared. Lost saving: almost 900 million euros.

Antonio Costa Pinto, a Lisbon University political scientist, said the central problem is that the government is trying to introduce retroactive reforms in the public administration, which break contractual promises.

"The government will come up with financial alternatives" to meet its spending targets, Costa Pinto said. "But the reforms will take longer" because they likely will have to apply only to new hires, he said.

Portugal is in a race against time. If it doesn't comply with the bailout agreement, the lenders would withhold disbursements of the rescue money. The next assessment by the lenders' inspectors begins next week, and their consent is needed for Lisbon to get its next check, worth 2.8 billion euros.

Advertisement
Advertise with NZME.

In place of the money-saving reforms the Constitutional Court rejected, the government could hike taxes again. But Passos Coelho has conceded such a move could further choke the economy. Also, with municipal elections due Sept. 29, the government is reluctant to make itself more unpopular.

Pressure is on the government lawyers to come up, speedily, with legal arguments that circumvent the judges' ruling.

More broadly, changes to the Constitution may prove necessary. But that requires a two-thirds majority of votes in Parliament, which the government doesn't have.

The government's discomfort is unlikely to end any time soon. Opposition parties and labor groups say they'll ask the Constitutional Court to rule on the lawfulness of other imminent measures. They include an increase in civil servants' working hours to 40 hours a week from 35, and an average 10 percent cut in the pensions of most government workers.

Passos Coelho has raised the alarm: any backsliding on promised reforms could leave Portugal needing a second bailout, under terms harsher than the first rescue.

He slammed the Constitutional Court judges for being "more protective of standing entitlements than of future generations."

Advertisement
Advertise with NZME.

"Has anyone thought to ask the more than 900,000 people who have no job what the constitution has done for them?," he added.

Save

    Share this article

Latest from Business

Small Business

25 years of the Deloitte Fast 50: Meet the alumni breaking barriers

Premium
Manufacturing

Electric motorbike maker Ubco saved by rich-list families

Premium
Business

The $470m cash grab: Record number of Kiwis raid retirement savings


Sponsored

From crisis to comeback: NZ business owners turn to voluntary administration for recovery

Advertisement
Advertise with NZME.

Latest from Business

25 years of the Deloitte Fast 50: Meet the alumni breaking barriers
Small Business

25 years of the Deloitte Fast 50: Meet the alumni breaking barriers

How Deloitte's Fast 50 winners chart their path to success,

21 Jul 05:00 PM
Premium
Premium
Electric motorbike maker Ubco saved by rich-list families
Manufacturing

Electric motorbike maker Ubco saved by rich-list families

21 Jul 05:00 PM
Premium
Premium
The $470m cash grab: Record number of Kiwis raid retirement savings
Business

The $470m cash grab: Record number of Kiwis raid retirement savings

21 Jul 05:00 PM


From crisis to comeback: NZ business owners turn to voluntary administration for recovery
Sponsored

From crisis to comeback: NZ business owners turn to voluntary administration for recovery

20 Jul 12:00 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP