According to the court decision, the Ministry of Internal Affairs (MVD) was ordered to pay the heads of the PSP interest on the patrol allowance received “illegally” in 2010.
This decision is the result of a legal action filed by the National Police Union (Sinapol) in 2020 against MAI and concerns the leaders of the public security police who did not receive the 2010 patrol supplement of 65.03 euros per month and who perform functions for outside police facilities, such as the operations leader and the leader of the rapid response or transit teams.
“The right of police officers in the career of Chief of Police of the Public Security Police, who meet the conditions laid down in paragraph 2 of Article 104 of Decree-Law No. , to receive a patrol allowance under the conditions provided for in the same provision with all legal consequences, namely the obligation to pay it, including interest, provided that each payment was/shall be paid”, refers to the judgment of the Administrative Court of the Circulo de Lisboa, to which the Luz agency had access to.
Article 104 number two of the professional statute of the PSP states that superiors effectively serving outside the facilities of the regular distribution unit are entitled to a patrol allowance, with a monthly patrol allowance also attributed to agents, in the amount of 59.13 euros.
This addition does not apply to superiors who perform functions in the Special Police Unit and in the Criminal Investigation Department.
In 2010, when the professional status of the PSP came into effect, the national office decided to eliminate the patrol allowance for commanders who provided services abroad, keeping this subsidy only for agents.
The Circulo de Lisboa Administrative Court finds that this allowance was unlawfully seized from PSP executives, sentencing MAI to “pay interest calculated at an additional statutory rate from the date of payment of each outstanding payment until the full payment of remuneration.” and effective payment.
The court justifies its decision by a law which “directly and in such a way that there is no reasonable doubt, provides for the allocation of a certain amount of patrol subsidy to the leaders and agents of the PSP”, emphasizing that “the legislator secured the most affected”.
According to the decision, this decision on the return of the patrol allowance to the heads of the PSP and the payment of retroactive payments from 2010 applies to members of SINAPOL or to all who become a member of this union.
The Court also points out that the specific and individual situations of each head of the PSP who meets or has fulfilled the conditions for receiving a patrol allowance, and the months in which this actually happened, must now be established in order to proceed with its calculation, processing. and payment.
Sinapol President Armando Ferreira told Lusa that this sentence should concern about 1,000 chiefs and that those who have continuously performed functions outside the police stations since 2010 can receive about 14,000 euros in interest.
Armando Ferreira said that Sinapol asked to meet Interior Minister Isabelle Oneto this Friday to find out how the payment will be made and to identify police officers who are eligible.
The President of Sinapol also stressed that “it has been proven once again that the police and the country’s leadership do not protect the interests of the police.”
This is not the first time MAI has been convicted in court for seizing police subsidies in 2010.
In 2018, the Higher Administrative Court of Lisbon, following a lawsuit filed by the PSP unions, ruled that the cuts made in 2010 were illegal and ruled that police officers should again receive allowances during the holiday period.
The MVD then retroactively paid the allowances withdrawn during the holidays between 2010 and 2018 to the PSP and GNR elements.
Author: Portuguese
Source: CM Jornal

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