Austerity measures, the Judge and social NGOs

When facing the dire consequences of austerity measures – the highest unemployment and poverty rates in our history – you might wonder what safeguards can protect citizens against such consequences?
The first safeguard was used last week by the constitutional court of Portugal -there is now evidence that austerity measures run against national constitutions. On April 5 the Portuguese constitutional court rejected several austerity measures planned by the government. It ruled that these measures were discriminatory, thus against the constitution. The court also stated that national laws must conform with the constitution and not the other way around. In other terms, values and rights must take precedence over current economic objectives.


After such a ruling, you would think that the government would understand that social spending needs to be safeguarded. Instead the Prime Minister stated that public spending in social security, health and education will be further reduced.
Surely the European Commission should use this opportunity to address the member state and refer to article 9 of the treaty that aims at “the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health”. Instead the European Commission warned Lisbon of the consequences of not respecting the budget deficit ceiling for next year. Respecting budget consolidation would be a precondition for getting new financial support from the EU.


Like the Portuguese constitutional court we, social NGOs, are there to remind the EU institutions of the values and binding articles that are enshrined in its Treaty. We want to be another safeguard protecting citizens’ rights. We are there to remind the EU that the treaty has been democratically adopted and that even in some countries, it has been voted upon by the people. They are thus entitled to see article 9 fully implemented.


Let’s engage


Pierre Baussand – Director