PORTUGAL Law and Practice Contributed by: Mark Kirkby, Francisca Mendes da Costa and Gonçalo Sá Gomes, Sérvulo & Associados
Sérvulo & Associados Rua Garrett 64 1200-204 Lisbon Portugal Tel: +351 210 933 000 Fax: +351 210 933 001/2 Email: geral@servulo.com Web: www.servulo.com/en/
1. Jurisdiction 1.1 General Rules or Specific Regimes? Any entity, regardless of nature, that wields pub - lic powers or is specially regulated by provisions of administrative law is bound by the general principles and rules governing the procedure and the administrative activity laid out in the Article 2 of the Code of Administrative Proce - dure ( Código do Procedimento Administrativo , or CPA). However, Part II of the CPA only aims at regulat - ing the functioning of the various bodies of the State (central, local, independent or indirect), which may be subject to additional legislation, as follows. • The key piece of legislation regulating munici - pal law is the Regime of Local Authorities (Law 75/2013 of 12 September). • Regulatory entities are also governed by Law 67/2013 of 28 August. • Public institutions are regulated by Law 3/2004 of 3 January. Such bodies can also issue regulations that – although limited by law – are also binding for
both external parties and the issuing bodies themselves. 1.2 Forum for Judicial Review Contentious challenges must be filed in an administrative court if they pertain to administra - tive and fiscal legal relations – namely, per Article 4, No 1 of the Statute of the Administrative and Tax Courts ( Estatuto dos Tribunais Administra- tivos e Fiscais , or ETAF): • the protection of fundamental rights and other legally protected interests occurring in the context of administrative relationships; • the legality of norms or administrative acts carried out by any body of the public admin - istration or the autonomous region – or by any entity, regardless of its nature – in the exercise of public powers; • the validity of pre-contractual acts and the interpretation, validity and execution of administrative contracts, including those governed by the Code of Public Procurement ( Código dos Contratos Públicos , or CCP); • the non-contractual civil liability of any entity, regardless of its nature, that is either governed by public law or exercises public authority or is governed by provisions or prin - ciples of administrative law – including non-
189 CHAMBERS.COM
Powered by FlippingBook