PORTUGAL Law and Practice Contributed by: Mark Kirkby, Francisca Mendes da Costa and Gonçalo Sá Gomes, Sérvulo & Associados
6. Standing 6.1 Requirements for Administrative Law Challenges Anyone who claims to have a direct and per - sonal interest – namely, because they have been harmed by the administrative act in terms of their legally protected rights or interests – can chal - lenge the administrative decision or action (Arti - Any public or private entities can challenge an administrative act if it pertains to the rights and interests they are responsible for defending (Article 55, No 1(c) of the CPTA), regardless of whether or not they were directly affected by the decision. cle 55, No 1(a) of the CPTA). 6.2 Charities and NGOs Any singular individual has legal standing to bring and intervene in main (and precautionary) proceedings aimed at defending constitution - ally protected values and assets, such as public health, the environment, town and country plan - ning, quality of life, cultural heritage, and the assets of the State, the Autonomous Regions and local authorities, as well as to promote the enforcement of the corresponding court deci - sions (Article 9, No 2 of the CPTA). The possibility of joining an existing proceed - ing with “primary and spontaneous intervention” (art.º 312.º, Code of Civil Procedure ( Código de Processo Civil , or CPC), applicable, ex vi, Arti - cle 1 of the CPTA), depends on the intentions of the new plaintiff. If the intervener merely wants to join the proceedings as they stand – with an “intervention by adhesion” then it can happen at 7. Other Parties 7.1 Joinder
any moment until the case has definitively been judged and only requires a simple application to the court, with the intervener making the plead - ings of the existing claimant their own (Article 313 of the CPC, ex vi, Article 1 of the CPTA). However, if the intervention is “by pleading” with the intervener formulating their own application – then the intervention is only admissible until the end of the pleadings phase (Article 314 of the Counter-interested parties have interests that coincide with the administration’s or may be directly affected by the success of the claim (Article 57 of the CPTA) – for example, the win - ner of a public contract that someone else chal - lenges. CPC, ex vi, Article 1 of the CPTA). 7.2 Roles of Additional Parties These parties must be called to the proceedings (Article 10, No 1, Article 57, and Article 68, No 2 of the CPTA). If they are not, the court may not judge the merits of the case (Article 89, No 4(e) of the CPTA) and – if such a decision ultimately takes place – it is unenforceable against them (Article 155, No 2 of the CPTA). Counter-interested parties may not formulate an autonomous claim, as their interests are sec - ondary to the interests of the main party, but they play a role in the proceeding like any other party – for example, they may contest a plead - ing (Articles 81 and 83 of the CPTA), agree or oppose a judge’s preliminary decision ( despacho saneador ) (Article 88 of the CPTA), or propose and question witnesses (Article 118, No 6 of the CPTA).
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