Ombudsman requests review of the constitutionality of the law that restored Casa do Douro as a public association

The Ombudsman submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of the rules of Law no. 28/2024, of 28 February, which restored Casa do Douro as a public association and approved its statutes.

The Ombudsman believes that Article 1 of Law 28/2024, which reinstated Casa do Douro as a public association, and consequently the other rules of the same law, violate the principles of the exceptional nature of public associations (Article 267(4) of the Constitution) and freedom of association (Article 46 of the Constitution).

Subsidiarily, the request submitted to the Constitutional Court also questions whether Article 3(1)(t) of Casa do Douro’s statutes, which provides for the association’s competence to represent its members in the conclusion of collective labour agreements, complies with the Constitution. The Ombudsman believes that this rule violates the constitutional prohibition on the exercise of trade union functions by public associations (Article 267(4) of the Constitution).

To read the full petition, click here [in Portuguese only].