On 6 March 2025, the European Organisation of Military Associations and Trade Unions (EUROMIL) publicly presented the Decision on the Merits in the case EUROMIL v. Portugal, issued by the European Committee of Social Rights (ECSR). The ruling confirms that Portugal’s restrictions on trade union rights for military personnel violate the European Social Charter.

EUROMIL’s President, Emmanuel Jacob, and Board Member Antonio Lima Coelho, alongside representatives from the three Portuguese military associations—AOFA, ANS, and AP—delivered the key findings of the decision to the National Defence Committee of the Portuguese Parliament. Following the presentation, they addressed the media, emphasizing the importance of implementing the Committee’s ruling to align Portugal’s legislation with European standards on trade union rights.

The Complaint and Ruling

EUROMIL lodged Collective Complaint No. 199/2021 against Portugal, arguing that the country’s legal framework unjustly restricts the trade union rights of military personnel. The ECSR ruled in favor of EUROMIL on key points, including:

• Violation of Article 5 (Right to Organise): The total ban on military personnel forming or joining trade unions was deemed disproportionate and unjustified in a democratic society.
• Violation of Article 6§2 (Right to Bargain Collectively): Portugal fails to provide adequate mechanisms for collective consultation and bargaining for military personnel.

However, the ECSR did not find Portugal in violation of Article 6§1 (joint consultation mechanisms) and Article 6§4 (right to strike), concluding that existing consultation processes have improved and that the right to strike is not the only means to ensure effective collective bargaining. The ECSR referred therefore to Article 6§3 of the Social Charter.

Parliamentary Discussion on European Practices and Political Neutrality

During the session in the National Defence Committee, several members from different political groups raised questions, mainly focusing on practices in other European countries regarding military personnel’s trade union rights. Some also referred to the political neutrality of the armed forces, as outlined in the Portuguese Constitution.

Responding to these concerns, EUROMIL President Emmanuel Jacob emphasized that military personnel, like all citizens, must accept certain restrictions on their rights when they join the armed forces. However, he pointed out:

“Everybody who joins the armed forces understands that they are, in some ways, a ‘citizen in uniform’. Some rights can indeed be restricted, but only if properly justified.”

Antonio Lima Coelho, EUROMIL Board Member and Portuguese representative, further clarified that the principle of neutrality should not be used to deny basic rights:

“There is no doubt about the political neutrality of our armed forces. However, this neutrality of the institution itself must not be misused to deny the fundamental rights of its personnel.”

EUROMIL’s Call for Legislative Change

The ruling sends a clear message: Portugal must reform its legislation to comply with its obligations under the European Social Charter. EUROMIL and its Portuguese member associations are urging the government to:

1. Recognize trade union rights for military personnel and engage them in meaningful social dialogue.
2. Establish collective bargaining mechanisms that allow military personnel to negotiate employment conditions.
3. Assess the proportionality of strike restrictions, ensuring that fundamental labor rights are respected and this within the rules stipulated in Article 6§3.

Next Steps

The ruling has been transmitted to the Council of Europe’s Committee of Ministers, which will oversee Portugal’s compliance. The government must now report on its progress in implementing the decision. If it fails to act, further scrutiny and pressure from European institutions could follow.

Speaking after the parliamentary session, Emmanuel Jacob reaffirmed EUROMIL’s commitment to defending the rights of military personnel across Europe:

“This ruling is a significant step forward, but it is only the beginning. Military personnel, like all workers, deserve fundamental rights. EUROMIL will continue to advocate for meaningful legislative change in Portugal and beyond.”

As Portugal reviews its policies, EUROMIL remains ready to support constructive dialogue between military associations and policymakers to ensure a fair and lawful resolution.

The documents on the Collective Complaint 199/2021 can be found here.