Commentary on the Supreme Court Ruling of 11 April 2024 197/2023. The compatibility of work and the Absolute Permanent Disability and Severe Disability Pension

Abstract

The Supreme Court ruling of 11 April 2024, No. Rec. 197/2023, has generated a significant debate on the compatibility of work with the receipt of a permanent disability pension, particularly in cases of absolute permanent disability (APD) and severe disability (SD). This critical commentary will provide an in-depth analysis of the evolution of legislation and case law relating to the compatibility of work and permanent disability pensions. It will also examine the reasoning used in this judgment, highlighting its weaknesses in terms of its compliance with the principles of EU law and international standards on the rights of persons with disabilities. A critical assessment, supported by jurisprudential and doctrinal precedents, of the implications of this ruling for the social protection and labour integration of persons with disabilities will be submitted.