‘The State will indeed be obliged to refund all amounts unduly collected since 2020, plus interest on arrears, because the ruling did not establish any time limit on its effects. In other words, the decision is retroactive to the moment it came into force,’ constitutional expert José Luís Moreira da Silva explained to ECO.
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In this regard, constitutional expert José Luís Moreira da Silva notes that, ‘among the four judges who voted against the ruling, i.e., who did not agree with its unconstitutionality, António José da Ascensão Ramos presented an extensive explanation of his vote, explaining how other European countries have managed to get around the legal issue.’