The Fall of the Banking Sector Solidarity Surcharge

Complete absence of a taxable event: The retroactive effect of the declaration of unconstitutionality eliminates the norm from its inception. Without a valid law, the legal link vanishes, and the assessments effectively certify legally non-existent facts.

Total lack of legal basis: By claiming a tax obligation without any valid normative support, the act creates pecuniary obligations not provided for by law.

Violation of the essential core of a fundamental right: The declaration of unconstitutionality is grounded in violations of Article 103(3) of the Portuguese Constitution (CRP), affecting the essential core of a fundamental right of an analogous nature (Article 17 CRP) to constitutionally adequate taxation.

Practical consequences: Nullity can be invoked at any time and recognized by any authority. A null act neither consolidates nor produces any legal effects; enforcement acts are unlawful material operations requiring full restitution of amounts unduly paid, plus compensatory interest for error attributable to the services.