Resolution CM/ResCSS(2009)14
on the application of the European Code of Social Security and its Protocol by Portugal
(Period from 1 July 2007 to 30 June 2008)

(Adopted by the Committee of Ministers on 10 June 2009
at the 1060th meeting of the Ministers' Deputies)

The Committee of Ministers,

In the exercise of the functions conferred upon it by Article 75 of the European Code of Social Security (hereinafter referred to as the “Code”), as modified by the provisions of its Protocol (hereinafter referred to as the “Protocol”), and with a view to supervising the application of these two instruments by the Contracting Parties;

Whereas the Code and the Protocol, opened for signature on 16 April 1964, entered into force on 17 March 1968 and since 16 May 1985 have been binding on Portugal, which ratified them on 15 May 1984;

Whereas, when ratifying the Code and the Protocol, the Government of Portugal stated that it accepted, in addition to the parts which must be applied by every Contracting Party (Parts I, XI, XII, XIII and XIV), the following parts of the Code, as modified by the Protocol:

– Part II on “medical care”,
– Part III on “sickness benefit”,
– Part IV on “unemployment benefit”,
– Part V on “old-age benefit”,
– Part VII on “family benefit”,
– Part VIII on “maternity benefit”,
– Part IX on “invalidity benefit”,
– Part X on “survivors’ benefit”;

Whereas, in pursuance of paragraph 1 of Article 74 of the Code, as modified by the Protocol, the Government of Portugal submitted its 23rd annual report on the application of the Code, as modified by the Protocol, for the period from 1 July 2007 to 30 June 2008;

Whereas, in accordance with paragraph 4 of Article 74, that report was examined by the ILO Committee of Experts on the Application of Conventions and Recommendations, at its 79th meeting in November and December 2008,

Notes, concerning the financial crisis, that European social security systems are set to pass through the worst financial and possibly economic crisis since the systems were first created. Many national indicators are giving the convergent message that the impact of the crisis may be severe, global in its scope and pose a real threat to the financial viability and sustainable development of social security systems. The Committee of Ministers recalls that, to enable member states to discharge their general responsibility for the financial viability of social security, Article 70.3 of the European Code of Social Security places each state under the obligation to “take all measures required for this purpose”. The Committee of Ministers trusts that the measures adopted or envisaged by governments will be commensurate with the gravity of the financial situation and the primary responsibility of the state to ensure the viability and sustainable development of social security.

In this connection, the Committee of Ministers wishes to emphasise that the system of regular reporting and supervision of the application of the Code could serve as an additional channel of first-hand information on the legal and regulatory measures taken by member states to combat the crisis;

On the basis of the detailed information provided by the government on the issues raised in the previous resolution, the Committee of Ministers finds that the law and practice in Portugal continue to give full effect to all the parts of the Code and the Protocol which have been accepted;

Decides to invite the Government of Portugal, concerning the financial crisis, and with a view to helping the Council of Europe bodies to forge a concerted response to the crisis, to furnish, under Part V of the report form which requests a general appreciation of the difficulties encountered in the application of the Code in practice, detailed information on the impact of the current financial and economic crisis on national social security systems and the measures taken or planned with a view to maintaining their financial viability and reinforcing social protection for the most vulnerable groups of the population.


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