Rule of law, freedom of association of judges and prosecutors

Not applicable.

2017

Trust – Judges – Judges’ right to strike

The legal issue here is whether a judge, as a sovereign body, may or may not strike.

Articles 57, 110, 202, 213, 216 and 217 of the Portuguese Constitution 

In 2017 the judges went on strike which led to several constraints in the administration of justice.

This strike sparked public discussion on whether the Constitution allows judges to strike. 

Some scholars claim that if a judge, like the military, cannot be enrolled in a political party then he also has no right to strike. In addition, the argument is also that judges are not subordinates and are not in a position close to that of workers in private companies or public administration. They are not employed by the State. They are - like the President of the Republic, deputies and ministers - sovereign bodies.

The dispute did not reach the courts, although important legal scholars have publicly contested the strike, namely Jorge Miranda, a renowned Portuguese constitutionalist and one of the main mentors of the Portuguese Constitution that was approved in 1975. See here: https://www.publico.pt/2017/06/09/sociedade/opiniao/os-juizes-nao-tem-direito-a-greve-1775012