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Authorizes The Government To Revise The Code Of Proceedings In Administrative Courts, Administrative Courts And Tax Status, The Public Procurement Code, The Legal Regime Of The Urbanization And Edification, The Law Of Procedural And Participation

Original Language Title: Autoriza o Governo a rever o Código de Processo nos Tribunais Administrativos, o Estatuto dos Tribunais Administrativos e Fiscais, o Código dos Contratos Públicos, o Regime Jurídico da Urbanização e da Edificação, a Lei de Participação Procedimental e de

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CHAIR OF THE COUNCIL OF MINISTERS

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Proposal for Law No 331 /XII

Exhibition of Motives

The 2004 reform of Portuguese administrative litigation constituted a historic milestone

in Portuguese administrative justice, reinforcing the very essence of the rule of law

as a state which, in its acting, is limited by law and duty of respect

by the fundamental rights of citizens.

The said reform came to turn a contentious one traditionally from mere annulment of

administrative acts in a litigation of full jurisdiction, thus allowing citizens,

in the event of a dispute with the Administration, access the administrative courts to be able to

deduce their annulatory claims, but also condemnable and recognisance of the

entitlements and subjective legal situations, as well as peeple the adoption of

cautionary arrangements that avoid the constitution of fait-de-fact situations,

ensuring the tutelage of the rights of private individuals in good time.

It can therefore say, without fear, that the reform of 2004 has ensured the principle

constitutional tutelage of effective jurisdictional.

The Act that passed the Code of Procedure in the Administrative Courts (CPTA), Law

n ° 15/2002 of February 22 provided that the same would be reviewed within three years of

count of its entry into force, i.e. January 1, 2004. Ora, decorrids more than 10

years without the revision being made within the prescribed time, it is entirely justified that the

Government has decided to proceed to the review of the CPTA.

In the present review, the Commission which was entrusted by the Government to carry out such

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task took into account the numerous contributions given by the doctrine over the last 10

years, as well as the jurisprudence produced by the higher courts in the application of the

CPTA.

Thus, without undermining the enormous merit that the entry into force of the CPTA has meant

for the modernization of the Portuguese administrative justice, with the present review

intended to perfect the application of the CPTA, clarifying many of the options then

taken in points that had already been identified by doctrine and jurisprudence

as carects of change.

From the review in question there are several aspets that, in summary form, deserve to be properly

highlighted.

The first aspeto relates to the end of the dualistic regime of administrative action

common administrative special / action, passing all non-urgent proceedings of the

administrative litigation to trample under a single form of action, designated as action

administrative.

The second aspeto results from the recent reform of the Code of Civil Procedure (CPC), which has

a determining influence on the plotting of the new administrative action, in which they are

hosted many of the novelties brought by the new CPC, without leaving itself, however, in the

review of the CPTA, seek to respond to the specifics of the litigation

administrative.

The third aspeto intends to give a speedy response to litigation related to

administrative procedures involving a high number of participants, targeting

ensure concentration in a single process, running in a single court, of pretension

identical that the participants in mass procedures-specifically, contests in the

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Public administration-wish to deduct in the administrative litigation.

The fourth aspeto inova in the field of pre-contractual litigation, highlighting itself since

soon the purpose of proceeding to the transposition of the Resources Directives, associating an effect

automatic suspensive to the imputation of the procurement acts covered

by the Article 100 regime and introducing an innovative regime of adoption of measures

provisional in the context of the proceedings of the pre-contractual litigation.

The fifth aspetus, as it is natural, has arrested itself with the need to articulate the review with

the envisaged in the new Code of Administrative Procedure, specifically in respect of

of administrative annulment and sanction of the contested acts during the pendency of the

respect process.

The sixth aspeto, as a reflection of the need to ensure full jurisdictional tutelage, says

respect to the proposal to allow the replacement of subpoena petitions for protection of

rights, freedoms and guarantees by precautionary requirements, when they do not fill in the

exacting assumptions that it depends on the admissibility of the former.

The seventh aspetus focuses on the revision of the general requirements of the regime of the impugability

of the administrative acts, including the review of the regime of impugability of the acts

confirmating and the ineffective acts and the scope of legitimacy to impugt acts

administrative, having resumed, as to the deadline for the challenge of the cancellable acts, the

previous regime to the CPTA, for ensuring greater certainty in a matter that it cannot

offer doubts.

Still relatively to the changes promoted in the CPTA in the framework of the precautionary tutelage,

deserves to be stressed the solution of accommodating a single criterion of decision making

cautionary, whether these have anticipatory or conservatory nature, which they may be

adopted when it demonstrates the existence of a founded fear of the constitution of a

situation of a fait accompli or the production of difficult damage damage to the

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interests that the applicant intends to accrate in the main process and is likely to

intended to be formulated or to be formulated in that process shall come to the judgment of the proceeding.

area of the amendments made to the Statute of Administrative and Fiscal Courts

(ETAF), the most significant innovation focuses on the definition of the scope of jurisdiction

administrative, in Article 4 para.

In effect, from the understanding that the legislative framework should evolve in the sense

to assign the administrative courts the jurisdiction to judge disputes which, by their

nature, they have for object genuine legal relations-administrative, but also in a

balanced perspetive, which safeguards thoughtful reasons of practical order, it is proposed that

whether to make joining the scope of administrative and tax jurisdiction to the actions of conviction to

removal of situations constituted by the Administration on de facto basis, without title that the

legitimize and challenge decisions of the Public Administration that apply fines in the

scope of the illicit of mere social ordinance for violation of administrative law standards

in the matter of urbanism. It is understood at this stage not to include in the scope of this jurisdiction

administrative a set of subjects involving the assessment of various issues, such

as those inherent in the processes that have the object of challenging the decisions of the

Public Administration to apply fines in the context of the illicit of mere social ordering

in other areas. It is intended that these subjects will be progressively integrated into the

scope of the said jurisdiction, as the reform of administrative courts is

being performed.

It is also very significant the consecration of the functioning of the courts

circle administrative only with single judge, except in the situations of judgment

extended provision in the CPTA, with what is promoting efficiency in the operation of the

courts of first instance and, on the way, put an end to a situation which, in what

respects the issue of the burden of deduction of claims for the conference, in nothing it has

prestigious the functioning of administrative justice.

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Finally, the present review also aims to harmonize with the CPTA regime several

provisions on administrative litigation constant of avulous laws, which the unit of the

legal system imposes that they are harmonized with the fundamental regime of our

constant administrative litigation of the CPTA.

With the present review of the CPTA, of the ETAF and too much legislation with incidence in the

administrative litigation, the Government is convinced that it is taken a step

important in the valorisation of Portuguese administrative justice, in the sense of making it

more speedy and more effective in the resolution of legal-administrative disputes.

Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Object

This Act grants the Government legislative authorization to review the Code of Procedure

in the Administrative Courts (CPTA), the Statute of the Administrative and Fiscal Courts,

the Public Procurement Code, the Legal Regime of Urbanization and Edification, the Law

of Procedural Participation and People's Action, the Legal Regime of the Tutela

Administrative, the Access to Administrative Documents Act and the Access to the Act

Information on Environment.

Article 2.

Sense and extent of the review of the Code of Procedure in the Courts

Administrative

The legislative authorization referred to in the previous article is granted in the sense of the Government

review the CPTA, in the following terms:

a) Review the Principle of Effective Jurisdictional Tutelage, so that to the whole right

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or legally protected interest corresponds to adequate protection from the

administrative courts, specifically in the framework of actions aimed at:

i) To the condemnation of the non-issuance of administrative acts, under the conditions to

predict in the CPTA;

ii) To the condemnation of the issuance of standards due under provisions of

Administrative Law;

iii) To the condemnation of the adoption or abstention of behaviours, by the

Public or private administration;

iv) To the conviction of the Administration to the fulfilment of duties of providing that

directly arise from legal-administrative standards and do not involve the

issuance of a contested administrative act, or which have been

consisting of legal acts practiced under provisions of law

administrative and which may have per object the payment of an amount, the

delivery of a thing or the provision of a fact;

v) On conviction for the repair of damage caused by collective persons

public, by their bodies and employees ' respects;

vi) On the assessment of questions concerning the interpretation, validity or execution of

contracts;

vii) To the ressarcement due in uncause enrichment situations;

viii) To the adoption of the appropriate cautionary arrangements to ensure the useful effect

of the decisions to be made in declarative process.

b) To review the powers of administrative tribunals in declarative means

urgent and precautionary means, with a view to the granting of the appropriate tutelage in

situations of temporal embarrassment and the safeguarding of the usefulness of the sentences

proclaiming in the declarative processes;

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c) To review the regime of the cumulation of applications, in the sense of being admitted to cumulation

of orders even when any of the cumulated orders match one of the

forms of the urgent administrative action, which must be, in that case, observed with the

adaptations that are necessary to be necessary;

d) Reviewing the principle of cooperation and good-faith procedural so as to provide for the

communication of administrative entities to the court of the revocation and cancellation of the

impugned act and the collaboration of all public and private entities with the

Prosecutor's Office in the context of its functions in the administrative litigation;

e) To review the regime of legitimacy, in the sense of:

i) Regardless of having personal interest in the demand, be recognized

active legitimacy to any person as well as to associations and foundations

Defenders of the interests in question, local authorities and the Ministry

Public to propose and intervene, in the terms provided for in law, in proceedings

main and cautionary intended for the defence of values and goods

constitutionally protected, such as public health, the environment, the

urbanism, spatial planning, quality of life, heritage

cultural and the goods of the State, Autonomous Regions and authorities

places, as well as to promote the implementation of the corresponding decisions

jurisdictional;

ii) Within the framework of passive legitimacy, and in what concerne the processes

intentioned against public entities, the defendant party is the person

public law collective, save in the proceedings against the State or the

Autonomous Regions that report to the action or omission of organs

integrated into the respected ministries or regional secretaries, in which part

respondent is the ministry or ministries, or the secretaries or secretaries

regional, to which organs are attributable to the acts practiced or on whose

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organs recapes the duty to practise the legal acts or observe the

intended behaviors;

f) To review the coalition regime in the contested proceedings;

g) To review the regime of the initial petition addressed to incompetent court;

h) To review the regime of the general rule of fixing the territorial jurisdiction of the courts

administrative;

i) Reviewing the regime of the fixation of the territorial jurisdiction of administrative courts

on contracts, in the sense of the claims relating to contracts being

deducted in the court of the place of fulfillment of the contract, unless convention of the

parts in a diverse sense;

j) Reviewing the regime of the fixation of the territorial jurisdiction of administrative courts

on the practice or omission of administrative standards and acts of the Regions

Autonomous and local authorities, as well as entities by them instituted and

of the collective persons of public utility, in the sense of the processes concerning

to these matters being brought up in the court of the area of the seat of the entity

demanded;

k) Reviewing the regime of the fixation of the territorial jurisdiction of administrative courts

on requests for subpoena for provision of information, consultation of

documents and passage of certificates, in the sense of the knowledge of these

requests to be of the jurisdiction of the court of the area where the provision should take place,

consultation or intended passage;

l) Refer to the civil procedural law the determination of the territorial competence for the

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executive processes;

m) Determine the application of civil procedural law to the administrative procedure in

matter of delivery or shipment of procedural parts, duplicates of the joints,

copies of the submitted documents and way of realization of citations and

notifications;

n) Define the regime of the realization of procedural acts and the presentation of

documents, in the sense of being consecrated the possibility of the procedural acts,

including the acts of the parties that should be practiced in writing, and the tramway

of the process, be effectuated electronically, in the terms to be defined by portaria

of the member of the Government responsible for the area of justice;

o) Define the regime of the distribution of the processes, in the sense of the system

informatics of administrative and tax courts to ensure daily distribution

of the processes and too many documents subject to distribution, which is to be carried out

automatically by electro-form;

p) To institute applicability to proceedings in administrative courts in 1.

instance or in the way of appeal, of the deadlines set out in the civil procedural law

for judges and staff;

q) To review the publicity of the administrative process and decisions rendered by the

administrative courts, with the institution of compulsory publication by way

informatics, on the basis of jurisprudence data, of the Judgments of the Supreme

Administrative Court and the Administrative Central Courts and the sentences

of the Administrative Courts of Circle carried on trial;

r) To review the value attribution scheme of the cause, in the sense of meeting the value of the

cause to determine whether it is up to appeal of the sentence handed down in the first instance

and what type of resource;

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s) Reviewing the regime of the forms of process, predicting that they follow the form of the action

administrative with the springboard provided for in the CPTA the processes that they have by

object disputes whose assessment falls within the scope of the jurisdiction of the courts

administrative and that, neither in the CPTA, nor in avulous legislation are the object of

special regulation;

t) Predicting, by way of exemplificatory, the processes that follow the form of action

administrative;

u) To review the regime of the unimpeachable administrative act in the sense of not being able to be

obtained by other procedural means the effect that would result from the cancellation of this act;

v) To review the regime of the procedural interest in the requests for simple appraisal and the

condemnation of the non-issuance of administrative acts, in the sense of conviction to

non-issuance of administrative acts can only be sought when it is likely to

issuance of aggrieved acts of legally protected rights or interest and the

use of that route proves to be indispensable;

w) To provide that, without prejudice to the provisions of the substantive law and the CPTA, the action

administrative may be proposed at all time;

x) To review the regime of the convolation of the process in the matter of fixing the

compensation due, in the sense of, after veriating that the perpetrator's claim

is founded, but that there is circumstance that shall prevent the issuance of the pronunciation due,

the court uttered decision in which it recognizes the well-founded claim of the claim, the

existence of the circumstance which shall prevent the issuance of the requested pronunciation, the right

of the author to be indemnified for that fact, and invites the parties to agree on the

amount of the indemnity due within 30 days, which may be extended,

up to 60 days, should it be predictable that the agreement will come to fruition within

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of that period;

y) Provide for, in the field of the revision referred to in the preceding paragraph, the procedural regime that,

in the lack of agreement on the amount of the indemnity, discipline its fixation,

including the request for fixing all damages resulting from illegitimate acting

of the Administration;

z) Extend the scheme provided for in the preceding paragraph to the cases in which it has been

deducted request concerning the invalidity of the contract for violation of the rules

concerning the training procedure for the training procedure;

aa) To review the regime of Article 48 of the CPTA, predicting the situations in which the

president of the court must determine, in the respect of the adversarial, that it is

given progress to only one of the processes, suspending themselves to the tramway of the

too much;

bb) Provide for in the context of the review referred to in the previous paragraph the situations verified in

different courts, with the possibility of the impetus for the progress referred to in the

previous article Caber to any of the presidents of the courts involved or the

any of the parties involved, to be fit to the President of the Supreme Court

Administrative determine which or what processes to be given

priority progress, with suspension of the rest, officiously or upon

proposal of the presidents of the courts involved;

cc) To provide that in the review referred to in the above paragraphs shall apply to the procedure or

processes selected the provisions of the CPTA in respect of urgent proceedings,

with the intervention of all judges of the court or section;

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dd) Provide for, in the context of the review referred to in the above points, the possibility of the

author, in the suspended proceedings, choose to give up the application or to appeal the

sentence handed down in the process or in the selected processes;

ee) To review the regime of the object and the effects of the impurition of administrative acts,

including the suspension of effectiveness of a contested act when it is only on

causes the payment of a right amount, without sanctionatory nature and the intention

on the part of the author, in the case of the impugning of aggrieved acts, of exercising the right to

repair of the damage suffered, for the effect of interruption of the prescription of that

right, in the general terms;

ff) To review the general principle of the impugability of all decisions that, in the exercise

of juridical-administrative powers, aim to produce external legal effects

in an individual and concrete situation, in the sense of being admitted to the impugability

of the acts that have not put an end to a procedure and decisions

spoken by unintegrated authorities in the Public Administration and by

private entities acting in the exercise of legal powers-administratives;

gg) Provide for in the context of the revision referred to in the previous subparagraph the impugability of

decisions made in the framework of administrative procedures on matters

that they cannot be again appreciated at subsequent time of the same

procedure, as well as those taken in relation to other organs of the same

collective person, liable to compromise the conditions of exercise of

competencies legally conferred on the seconds for the pursuit of

interests by which these bodies are directly responsible;

hh) Provide for in the context of the review referred to in the previous paragraphs that the acts referred to therein

and that they do not put an end to a procedure can only be challenged during

pendency of the same, without prejudice to the faculty of impugning the final act

on the grounds of illegalities committed during the procedure, save

when these illegalities concern the act that has determined the exclusion

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of the person concerned of the procedure or the act to which the special law submits to an onus

of autonomous imputation;

ii) Predicting the regime of the impugning of the confirmated acts, including the definition of

such acts and setting the conditions for the unenforceability of the legal acts of execution

of administrative acts;

jj) To provide for the scheme for the imputation of ineffective administrative acts in the sense of

be admitted to impugning acts that have not started to produce effects

legal in cases where:

i) It has been triggered by its execution; or

ii) Whether it is safe or very likely that the act will produce effects, specifically

for ineffectiveness if it is due only to the fact that the act is dependent on

of initial term or of suspensive condition whose verification is likely,

particularly by relying on the will of the beneficiary of the act;

kk) Limiting the scope of the active legitimacy of administrative bodies to impugary

acts practiced by other organs of the same public collective person to the situations

who are allegedly compromising the conditions of the exercise of competences

legally conferred on the impugts for the pursuit of interests by the

which these organs are directly responsible;

ll) To review the regime of deadlines for the challenge of the annulable administrative acts,

which they go on to rely on the terms of Article 279 of the Civil Code;

mm) Predicting the situations in which the challenge is admitted beyond the deadlines

legally established for the impugning of the annulable acts, specifically,

on fair impediment, inducement of the person concerned in error by the

Administration, excusability due to the ambiguity of the normative framework

applicable or difficulties as to the identification of the act or its qualification

as an act or standard;

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nn) To review the regime of the start of the counting of the deadlines for the challenge of the acts

administrative, including the rules relating to the recipients to whom the act

should be notified and the rules relating to any others concerned;

oo) To review the scheme for the apensation of impugations as well as the scheme of the

objective modification of the instance, in the sense of:

i) When they are separately intentioned different processes

contest in situations in which the cumulation of

impugments, the apensation of the processes is ordered in what was

intended in the first place;

ii) Be consecrated the possibility of, until the closing of the discussion in

first instance, the object of the process be extended to the impugation of

acts that come out in the framework or following the procedure in

that the contested act inserts itself, as well as the formulation of new

pretensions that with that can be cumulated;

pp) Institute the regime for administrative cancellation and revocation of the contested act

with retroactive effects, including the respect to the tramway, predicting the situation of

impositive acts of duties, charges, burden or sanctions that, during the proceedings

of your impugning, come to be sanged by act practiced with this end, with

the establishment of the faculty of the author to apply for the cancellation of the injurial effects

produced by such acts during the period of time that preceded the respectful

sanction;

qq) To review the assumptions of the sentencing regime to the practice of administrative act,

including cases in which conviction for the practice of act may be sought

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administrative when it has not been submitted that constitutes the

competent body in the duty to decide;

rr) Reviewing the regime of legitimacy to ask for the conviction to the practice of an act

administrative in such a way as to include public or private entities as to the

rights and interests that comply with them to defend and administrative bodies

relatively to the conduct of other organs of the Public Administration that

reportedly compromise the conditions of the exercise of competences

legally conferred on the first for the pursuit of interests by which

these organs are directly responsible;

ss) To review the timing scheme for applications for sentencing to the practice of act

due, in the sense of:

i) In cases of dismisuse, refusal to review the application or to

pretension directed at the replacement of an act of positive content, the deadline

of purposeful of the action being of three months;

ii) When a void act is concerned, the application for conviction to the practice of the

act due to be able to be deducted within two years, counted from the date of the

notification of the act of undue rejection, of the act of refusal of appreciation of the

application or of the act of positive content that the person concerned intends

see replaced by another;

tt) To review the regime of the change of the instance in the applications for sentencing to the practice of

act due, in the sense of:

i) When the claim of the person concerned is undue in the pendency of proceedings

intended in a situation of inertia or refusal of appreciation of

application, the author can claim new fundamentals and offer

different means of proof in favor of their claim;

ii) When, pending the proceedings, an administrative act is delivered

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that does not fully satisfy its claim, that power to promote the

change of the object of the process, to the effect of asking for partial cancellation of the

new act or the conviction of the defendant entity to the practice of the act

necessary to the full satisfaction of their claim;

uu) To review the regime of the court's pronunciation powers in the applications of

condemnation of the practice of the act due, in the sense of:

i) The court to rule on the material claim of the person concerned,

enforcing the practice of the act due and not limited to returning the issue to the

competent administrative body, even if the application submitted

has not obtained an answer or your appreciation has been refused;

ii) The court convicts the defendant entity of the issuance of the act due,

explaining the linkings to be observed in their issuance, in cases where it is

applied for the conviction to the practice of an act with a given content,

but if it is found that, although it is due to the practice of an administrative act,

it is not possible to determine your content;

vv) To review the assumptions of the regime of impugning standards and condemnation of the

issuance of the same, with the indication of who it may ask for the declaration of

illegality with general mandatory force of immediately operative or de-operative norm

who can ask for the declaration of illegality of norm immediately

operative that incurring the grounds of illegality provided for in article 281º of the

Constitution of the Republic;

ww) To review the regime of the effects of the declaration of illegality with mandatory force

general of standards, including the effects of the retroactivity of the declaration of

illegality and the repristing of the repealed standards, save as these are

illegal or have ceased to invigorate;

xx) Institute the sentencing regime to the issuance of standards, in the sense of the court

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administrative appreciate and verify the existence of situations of illegality by

omission of the standards whose adoption, under provisions of law

administrative, be required to give enforceability to carer legislative acts

of regulations, and may condemn the competent entity to the issuance of the

regulation at fault and setting deadline for the omission to be met;

yy) To review the regime of legitimacy for deduction of applications relating to validity,

total or partial, of contracts, specifying the cases of who has such

legitimacy, including the regime of deadlines for deduction of these applications, and

for the deduction of applications relating to the execution of contracts;

zz) Institute the tramway of administrative action, including the requirements of the petition

initial, your statement, refusal of the petition by the registry, mode of supply of the

unaware of the counter-stakeholders, citation of the respondents, term of the

contestation and comination, content and instruction of the contestation, reconvention,

dispatch of the administrative process, intervention of the Public Prosecutor's Office, replica and

tréplies, overdue joints, presaner dispatch, prior hearing and

situations in which the same may not take place, attempt to conciliation and

mediation, sander dispatch, exceptions, dispatch of proof, instruction, hearing

final and written allegations;

aaa) Functioning of the trial in the higher courts and prediction of the

trial in extended training in the administrative court of circle or

prejudicial consultation for the Supreme Administrative Court in the situations in

that in 1ª instance enclose a question of new law that arousing

serious difficulties and that may be raised in other disputes;

bbb) Fixation of the regime of the content of the sentence to be delivered in 1ª instance, including

the object and limits of the decision;

ccc) Define the regime of the deferral of the judgment in the higher courts, in the sense

of, when it cannot be laundered judgment in the session in which it is judged the

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process, the result is annotated, dated and signed by the winning judges and

losers, owing the judge to take away the judgment stay with the process to whitewash the

respect decision which, without embargo of the result being soon published, is read in

conference in the following session and there dated and signed by the judges who in it

have intervened, if they are present;

ddd) Proceeding to the generic fixation of the scope of electoral litigation and litigation

of the mass procedures, in the sense of:

i) The electoral litigation to understand the processes, of full jurisdiction,

intended by whom, in the election concerned, be elective or eligible and, in the

cases of omission in the notebooks or electoral lists, by the persons whose

enrollment there has been omitted;

ii) The litigation of the mass procedures shall cover the actions relating to

to the practice or omission of administrative acts in the framework of procedures

with more than 50 participants, in the fields of staff contests, the

procedures for conducting proofs and the procedures of

recruitment;

eee) Reviewing the regime of electoral litigation, predicting the consequences of absence

of backlash against acts of exclusion, inclusion or omission of voters or illegible

in the electoral notebooks and too much acts with external effectiveness prior to the act

electoral, as well as the deadlines to be observed in the tramping of the respects

processes;

fff) Fixation of the regime of the litigation of the mass procedures, specifying

the actions it comprises, deadlines for purposeful, definition of the court

competent for your knowledge, cases of mandatory apensation and deadlines to

observe in the tramping of proceedings;

ggg) Fixation of the scope of the pre-contractual litigation specifying which

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contracts by him covered, the acts to him submitted, the regime of cumulation

of applications, deadlines for purposeful of the respects processes, their tramway and

scheme for the imputation of the conformer documents of the procedure;

hhh) In the context of the provisions of the preceding paragraph, provide for the challenge of acts of

adjudication does automatically suspend the effects of the challenged act or the

implementation of the contract, if this has already been concluded;

iii) In the context of the provisions of the two previous paragraphs, provide for the possibility of the

demanded entity and the counter-stakeholders required the judge to lift

of the suspensive effect, alleging serious injury to the public interest or

injurious consequences clearly disproportionate to other interests

involved, setting the respondent's response period or demand, the

maximum time limit for the judge to decide, including the moment from which he shall

be counted, and the decision criterion on the basis of the damage weighting as well

intended for the adoption of the cautionary arrangements;

jjj) To provide that, in the processes of pre-contractual litigation that do not have by

object to contest of acts of adjudication, may be required of the judge the adoption

of provisional measures, directed at preventing the risk of de facto situations

consummated or of no longer possible to resume the pre-contractual procedure

to determine who in it would be chosen as an adjudicator;

kkk) In the context of the provisions of the preceding paragraph, provide for the provisional measure

may be refused when the damage that would result from your adoption if it flies

superior to those that may result from their non-adoption, without such an injury can

be avoided or mitigated by the adoption of other measures;

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lll) To provide for the regime of subpoenas for the exercise of the right of information

procedurals, including the respected object, deadlines to apply for subpoenas

and your count;

mmm) To review the regime of subpoenas for the exercise of the right of access to the

files and administrative records, including deadlines to apply for

subpoena, as well as the time at which it begins its counting;

nnn) To review the subpoena regime for protection of rights, freedoms and guarantees,

including its procedural plotting, deadlines and liminal dispatch;

ooo) Provide for in the scope of the preceding paragraph, the circumstances that may lead the judge to

convoluate the subpoena in a cautionary providence, setting the respects

procedural terms so that such convolation may occur;

ppp) Provide for in the framework of the two previous points which, in situations of particular

urgency that justifies it, can the judge decide, without any other

formalities, enact the cautionary providence that judging proper, applying,

in this case, the provisions of the CPTA in respect of interim decrement of

providences;

qqq) Provide for in the scope of the three previous paragraphs the regime of the judicial decision and its

effects, including the consequences of their default;

rrr) To adhere to the regime of the precautionary arrangements provided for in the CPTA the arrest,

new, arrogant labor embargo and subpoena for adoption or abstention from

a conduct on the part of the Administration or a particular one for alleged

violation of national administrative law or the law of the European Union;

sss) Modifying the cautionary process relationship regime with the root cause of

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mode to which, pending the cautionary process, the applicant may proceed to the

replacement or extension of the application, with offer of new means of

proof, in such a way that the judge can meet the evolution that occurred to grant

the appropriate providence to the existing situation at the time it is pronounced;

ttt) Predict that in the liminal order, the judge may, officiously or the application

of the person concerned, provisionally enact the required providence or other that

judge more appropriate;

uuu) To provide that the liminal dispatch referred to in the preceding paragraph shall be issued on the deadline

maximum of 48 hours;

vvv) Provide for, in the scheme of the liminal dispatch, which constitute grounds for

preliminary rejection of the application cautiary the situations of manifest lack of

foundation of the pretense formulated, of manifest disneed of the tutelage

cautionary and of manifest absence from the procedural assumptions of the action

main;

www) Predicting that the uncertain or unknown counterinterested parties are

quoted by an announcement to be issued by the registry, which the applicant shall make

publish in daily newspapers;

xxx) To provide that, in the field of proof production, in the precautionary arrangements the

witnesses offered are presented by the parties on the day and on the spot

assigned to the respondent, there is no place to be deferral for lack of the

witnesses or the mandators;

yyy) Suppress, in the criteria of the decision of the cautionary providences, the evidence of the

provenance of the claim formulated or to be formulated in the main proceedings;

zzz) Adopt a single decision criterion of cautionary providence, whether they are

anticipatory wants conservatory, in the sense of being adopted when there is

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founded fear of the constitution of a fait accompli situation or the

production of damage from difficult repair to the interests that the applicant

aims to ensure in the main process and is likely to be formulated

or to be formulated in that process comes to trial proceeded;

aaaa) To provide for the regime of the decision of the main cause by way of predicting that in the case

of checking that they were brought to the cautionary process all the elements

necessary for the purpose and that the simplicity of the case or the urgency in its

definitive resolution justifies it, the court can, outed the parties, anticipate the

judgment on the root cause, prowling decision making up the final decision

of that process, being such a actionable decision, with effect merely

bounty;

bbbb) Reviewing the effects of the decision on the adoption of cautionary measures, in the

sense of this decision to determine the notification as a matter of urgency to the parties to

immediate compliance and, when applicable, to the remaining persons and entities

that they should give you compliance;

cccc) To review the regime of expiry of the arrangements by predicting the situations that

may lead to such an expiry, also predicting the reaction mode of the

applicant to prevent the same, including the respective term and its count,

when the tutelage to which the cautionary providence is ensured by way of

litigation not subject to deadline and still the declaration mode of the expiry of the

cautionary process or cautionary providence, always in respect of the principle

of the adversarial;

dddd) To review the regime of alteration and revocation of arrangements, in the sense of being

consecrated the possibility of the decision to adopt or to refuse the adoption of

cautionary arrangements, as long as it has been carried out on trial, be revoked or

amended, officiously or upon application, on the grounds of

amendment of the factual and initially existing assumptions;

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eeee) To provide for the regime of the abusive use of the cautionary providence, specifically,

with the possibility that the judge will be able to apply a sanctionatory rate on the terms

of civil procedural law;

ffff) To review the arrangements for the guarantee of providence, in the sense of the implementation of the decision

cautionary running terms in the autos themselves of the cautionary process, in the forms

provided for in the CPTA for executive proceedings, or in the forms provided for in the

civil procedural law, when it comes to an execution against private individuals,

we will apply to you applicable to the regime of urgent proceedings;

gggg) To review the regime of suspension of effectiveness of standards, in the sense of the Ministry

Public and the people and entities endowed with legitimacy to the effect can

ask for suspension, with general mandatory force, of the effects of any standard

in respect of which they have deducted or if they propose to deduct request from

declaration of illegality with general mandatory force;

hhhh) To review the regime of the provisional decrement of providences, predicting that, in the

case of recognizing the existence of a situation of particular urgency, the judge

can provisionally enact the required providence or the one that judges

more appropriate, with the prediction of the procedural regime to be applied, hearing of the

required when circumstances the impose, carried out by any means

of communication that proves to be appropriate, and prediction that the enactment

provisional is not liable to challenge, of which the provisional decrement

must be notified to the parties and that the required, during the pendency of the

cautionary process, may request the lifting or alteration of the

provision provisionally enacted, with the fixing of the procedural regime

applicable to such solicitation, being the decisions to lift, to dismiss

of lifting and alteration of the actionable providence in the

general terms;

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iiii) Extend the arrangements for arrangements concerning the training procedures of

contracts not covered by the regime of urgent pre-contractual litigation

specifically to the attainment of the suspension of the effectiveness of acts practiced in the

scope of the procedure, the suspension of the procedure itself and the

prohibition of the celebration or execution of the contract;

jjjj) Within the framework of the scheme referred to in the preceding paragraph of the scheme for the regime

procedural in the subject of instruction of applications, deadlines for the response of the

required and counterinterested, the criterion of the judicial decision for the grant

of the required providence and still the prediction of the situation in which the judge considers

demonstrated the illegality of specifications contained in the documents

conformers of the procedure, in which case the judge may determine his or her

immediate correction, deciding in this way the merit of the cause;

kkkk) To review the regime of the law applicable to the conflicts processes between courts of

administrative and tax jurisdiction or between administrative bodies, in the sense of

these processes are disciplined by the proper precepts of the action

administrative, applying, as to the more, the provisions of civil procedural law,

with the following specialties:

i) The deadlines are reduced to half;

ii) The author of the first act is called to the process at the stage of the response of the

entity demanded and at the same time limit to pronounce;

iii) It is only admitted testament;

iv) No claims and sentencing are admissible and it is not up to any appeal;

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llll) To provide for the species of jurisdictional resources and applicable regime, in the sense of

such resources may be ordinary or extraordinary, being ordinaries to

appellation and the magazine, and extraordinary the resource for uniformity of

jurisprudence and the revision, governed by the provisions of civil procedural law,

save the provisions of the CPTA;

mmmm) To review the regime of legitimacy for the interposition of appeal, so as to

recognize the legitimacy for the interposition of appeal of the decisions of the

administrative tribunals of whom it is directly and effectively impaired by

them, even if it is not a party to the cause or is only part ancillary;

nnnn) Review the regime of decisions that admit jurisdictional appeal and the effects

of the resources on the contested decision, in the sense of:

i) Be admissible the appeal of decisions which, in the first degree of jurisdiction,

meet the merit of the cause in the processes of superior value to the wavement of the

court from which to resort, when the contested decision is unfavourable

to the appellant in value in excess of half of the remit of that court,

by attending, in case of founded doubt about the value of succumbing,

only to the value of the cause;

ii) The ordinary resources have, by rule, suspensive effect of the decision

recurring, excepting, in addition to others to which the law recognizes such effect,

the interposed resources of subpoenas for protection of rights, freedoms

and guarantees, of decisions relating to cautionary and respect processes

incidents and decisions rendered by anticipation of the judgment on the cause

principal in the framework of cautionary processes, which have effect merely

bounty;

oooo) Reviewing the regime of interacting resources and allegations, predicting its

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mode of interposition, junction of allegations, officious notification of resorting

or resorts to claim, setting the term for the term, with addition to

longer in case the appeal has by object the reassessment of the proof

recorded;

pppp) To provide for the regime of the order on the application for the interposition of the

resource, including the cases of dismissals of the application, complaint of the

dispatch that does not admit the appeal and complaint to the conference of the

dispatch of the rapporteur who does not receive the interposed appeal of the section of

contentious administrative court of the Supreme Administrative Court for the

Full of the same Court;

qqqq) To review the regime of the powers of the appellate court, by preventing:

i) If the court resorted to judgment of the merit of the cause, but left of

know of certain issues, specifically by considering them

hindered by the solution given to the dispute, the higher court, if it understands

that the appeal proceeds and that nothing obstinates the appreciation of those issues,

knows of them in the same judgment in which they revoke the contested decision;

ii) If, for any reason, the court resorted to it has not known of the

application, the court of appeal, if it judge that the motive does not carry out and that

no other obstinates to get to know the merit of the cause, know of this

in the same judgment in which it revokes the contested decision;

iii) In the previously foreseen situations there is place in the court higher than

production of proof that, heard the parties by the five-day period, is

necessary judging, being applicable to the ordered representations, with the

necessary adaptations, the envisaged as to the instruction, discussion, allegations

and trial in the first instance;

iv) In the situation provided for in the previous point, the rapporteur, before being handed down the

decision, listens to the parties for the period of 10 days;

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v) If, in discompliance with the CPTA, the court resorted to

acquitted of the instance in final decision handed down after the instruction, the

process is liminally returned to the court resorted to that it is

decided by the same judges who intervened in the trial in the first

instance;

rrrr) Review the regime of the magazine feature so as to predict that in the magazine of

decision to award or refusal of a cautionary providence, the Supreme Court

Administrative, when it does not confirm the judgment I have resorted to, I have replaced it

upon decision that decides the contested issue by applying the criteria

of the cautionary measures by reference to the matter of fact fixed in the

instances;

ssss) Predicting that the decision as to whether, in the concrete case,

fill in the assumptions of the magazine feature, compete with the Supreme

Administrative Court, owing to be the object of preliminary appreciation

summary in charge of a training consisting of three judges from among the most

former of the Administrative Contentious Section;

tttt) Reviewing the regime of the resource per saltum to the Supreme Administrative Court

forecasting that the interposed appeals of merit decisions rendered by

administrative courts of circle are of the jurisdiction of the Supreme Court

Administrative when the parties, in the allegations, raise only questions

of law and the value of the cause is greater than € 500000 or is undetermined,

in particular in the processes of declaration of illegality of standard or of

declaration of illegality by omission of norm;

uuuu) Provide for the scheme referred to in the preceding paragraph which, referred to the procedure to the

Supreme Administrative Court, the rapporteur to understand that the issues

raised beyond the scope of the magazine, determines, upon decision

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definitive, which the process lowered to the Administrative Central Court so that

the appeal there is judged to be appealing;

vvvv) Reviewing the regime of the resource for uniformity of jurisprudence, in the sense

from:

i) The appeal petition is accompanied by allegation in which to identify themselves,

in a precise and circumstantial way, the aspets of identity that

determine the alleged contradiction and the infraction charged to the judgment

resorted to;

ii) The decision on the provement issued by the top court not to affect

any decision prior to that which has been impugned, nor the

legal situations to their shelter constituted;

iii) The decision that verifying the existence of the alleged contradiction annuls the

a judgment under appeal, replacing it and deciding the contested issue;

wwww) To review the regime of the procedures for the implementation of the sentences handed down by the

administrative courts, in the sense of:

i) The routes of execution can be used to obtain the execution of acts

unimpeachable administrative to which the Administration does not give due

execution;

ii) The one provided for in the scheme for the execution of sentences shall be applicable to obtain the

sentencing issuance that produces the effects of alvshall illegally

refused or omitted;

iii) The one provided for in the regime of execution of sentences can be further used

to obtain the execution of any other executive title liable to be

triggered against a collective person of public law, a ministry

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or regional office;

iv) The executions against individuals of the sentences handed down by the courts

administrative, as well as of the remaining executive titles produced

within the framework of legal-administrative relations that are lacking in execution

jurisdictional, run terms in the administrative courts, applying-

if they, in the absence of special legislation, the provisions of civil procedural law;

xxxx) To review the regime of unlawful inexecution of the sentences handed down by the courts

administrative, figuring that the inexecution also constitutes a crime of

qualified disobedience, without prejudice to another procedure especially

fixed in the law, when, having the Administration been notified to the effect, the

competent administrative body manifests the unequivocal intention of not giving

execution of the sentence, without invoking the existence of the legitimate cause of inexecution

or do not proceed to the execution on the terms that the sentence had established or

that the court comes to define in the context of the implementation process;

yyyy) To review the regime of the extent of the effects of the sentence carried forward on trial that

has annulled or declared void an unfavourable administrative act or

recognised the entitlement of a favourable legal situation to one or several

people who, whether they have resorted to or not to the contentious route, have been

administrative act object with identical content or meet

placed in the same legal situation, provided that, as for these, there is no

sentence carried forward on trial;

zzzz) Clarify that the provisions in the preceding paragraph are only worth for situations in which

there are several perfectly identical cases, particularly in the field of

public employment and in regard to competitions and only when they fill out

cumulatively the following assumptions:

i) Have been handed down by higher courts, in the same sense, five

sentences carried forward on trial or, existing situations of proceedings in

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mass, in that sense to have been decided in three cases, by sentence

transitioned on trial, the processes selected under the regime of the

selection of processes with priority progress;

ii) Not to have been delivered higher number of sentences, also carried over

on trial, in a sense contrary to that of the sentences referred to in the sub-paragraph

previous, nor to be the said sentences contrary to the settled doctrine

by the Supreme Administrative Court in appeal for uniformity of

case law;

aaaaa) Reviewing the regime of legitimate causes of sentence inexecution, predicting

that only constitute legitimate cause of inexecution the absolute impossibility and the

excecional injury to the public interest in the execution;

bbbbb) Review the regime of the sentencing enforcement petition, including the respect

tramway, deadline for submission and respect count, in the sense of, when

the Administration does not give spontaneous execution to the sentence, at most, in the

procedure deadline of 90 days, the person concerned and the Public Prosecutor's Office, when

has been author in the process or are in cause processes aimed at the

defense of constitutionally protected values and goods, such as health

public, the environment, urbanism, spatial planning, the quality of

life, the cultural heritage and the goods of the State, the Autonomous Regions and the

local authorities, to be able to ask for their respect to the court that has

delivered the sentence in the first degree of jurisdiction;

ccccc) To review the regime of spontaneous execution and enforcement petition, with the

specification of the situation and the time frame that you are interested in to ask for

respects implementation to the competent court;

ddddd) To review the opposition regime to the implementation, specifying its springboard,

deadlines for the replica of the exequent, consequences of the omission of the presentation of the

rebuttal and deadline for court decision;

eeeee) Harmonize the scheme of the enforcement arrangements for payment of

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right amount with the rule of Article 3 of Law No. 67/2007, of 31 of

december, and, in the event of insufficient allocation to the order of the Council

Top of the Administrative and Fiscal Courts, introduce the forecast of the

possibility of, without prejudice to the initiative already provided for in the law by the

President of the Superior Council of Administrative and Fiscal Tribunals

for the purpose of opening extraordinary credits, the exequent requires, in

alternative, that the administrative court will follow up on the implementation,

applying the execution regime for payment of certain amount predicted in the

civil procedural law, or require the setting to the entity obligated by a deadline

limit to proceed to payment, with imposition of a financial penalty

compulsory for holders of the competent body to determine such

payment;

fffff) To review the regime of the duty to implement acts for cancellation of acts

administrative, specifically, in the matter of the duty to practise acts

endowed with retroactive efficacy as long as they do not involve the imposition of

duties, charges, burden or subjections and in respect of the duty to cancel,

reforming or replacing the consequent acts, without term dependence, and

change the de facto situations in the meantime constituted whose maintenance is

incompatible with the execution of the sentence of cancellation;

ggggg) Establish, in the field of the scheme referred to in the preceding paragraph, that only the

beneficiaries of good faith from consequential acts is that they benefit from the effects already

provided for in the law with respect to compensation and protection of their situation

legal;

hhhhh) To review, in the field of the scheme referred to in the above three points, who may

require the duty of execution in the event that the Administration does not give execution

spontaneous to the sentence in the legally established time frame, predicting the mode

of statement of the respective petition, the deadline for submission of the same and the

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mode of its counting;

iiiii) To review the regime of the constitution and operation of arbitral tribunals,

introducing the prediction that they can be submitted to the trial of these

courts matters relating to contracts, including cancellation or

declaration of nullity of administrative acts relating to the respect of the implementation,

and, unless lawful determination to the contrary, matters relating to the validity of

administrative acts, in which the arbitrators decide strictly second the

constituted right, and may not pronounce upon the convenience or

opportunity for administrative acting, nor judging according to equity;

jjjjj) Provide for, in the framework of the scheme referred to in the preceding paragraph, the challenge of the

arbitral decisions in the terms and with the grounds laid down in the Law of

Voluntary Arbitration, the form of the advertising of the arbitral sentences and the

enunciation of the legal-administrative matters that may be adjudicated in the

arbitration centers authorized by the state.

Article 3.

Sense and extension of the review of the Statute of Administrative Courts

and Fiscal

The legislative authorization referred to in Article 1 shall be granted in the sense that the Government shall review the

Status of Administrative and Fiscal Courts, in the following terms:

a) Figuring out that the courts of administrative and tax jurisdiction are the organs of

sovereignty with competence to administer justice on behalf of the people, in the

disputes understood by the scope of jurisdiction set out in the Statute of the

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Administrative and Fiscal Courts;

b) To state that the courts of administrative and tax jurisdiction are independent and

only are subject to law and law;

c) Set the jurisdiction of the courts of the administrative and tax jurisdiction for the

assessment of disputes that have per object concerning matters concerning:

i) Tutelage of fundamental rights and other rights and interests legally

protected within the framework of legal-administratio relations;

ii) Surveillance of the legality of standards and too much legal acts emanating from

any entities, regardless of their nature, in the exercise of

public powers;

iii) Surveillance of the legality of administrative acts practiced by any

organs of the State or of the Autonomous Regions not integrated into the

Public Administration;

iv) Validity of pre-contractual acts and the interpretation, validity and execution of

administrative contracts or any other contracts entered into, in the

terms of the legislation on public procurement, by collective people of

public law or other contracting authorities;

v) Extracontratual civil liability of the collective persons of law

public, including for damages resulting from the exercise of political functions,

legislative and jurisdictional;

vi) Extracontratual civil liability of persons ' organ holders

public collectives and respect workers, including return actions;

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vii) Extracontratual civil liability of the remaining subjects to which it is

applicable the specific regime of state responsibility and too much

collective people of public law;

viii) Condemnation of the removal of situations constituted in de facto, untitled

that legitimizes them;

ix) Legal relationships between collective people of public law or between organs

public governed by provisions of administrative and tax law;

x) Prevention, cessation and repair of violations of constitutionally

protected in the matter of public health, housing, education, environment,

spatial planning, urbanism, quality of life, heritage

cultural and goods of the State, when committed by public entities;

xi) Judicial review of decisions of the Public Administration that apply

fines in the scope of the illicit of mere social ordering for violation of

administrative law standards on urbanism;

xii) Electoral contentious pertaining to organs of collective persons of law

public so that it is not competent another court;

xiii) Enforcement of satisfaction of obligations or respect for limitations arising

of administrative acts that cannot be imposed coercively by the

Administration, which, in the absence of special legislation, shall be governed by the

provisions of civil procedural law;

xiv) Emerging issues of legal, administrative and tax relations that do not

relate to the matters provided for in the preceding paragraphs;

d) Determine, within the framework of the competence referred to in the preceding paragraph, which belongs to the

administrative and tax jurisdiction the jurisdiction to address disputes in which

are to be jointly demanded public and private entities with each other

linked by legal linkages of solidarity, specifically by having

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agreed together for the production of the same damage or by having

entered into between you contract of liability insurance;

e) Reviewing the regime of unfolding and aggregation of administrative tribunals of

circle and tributaries and constitution of specialized sections or courts

specialized, in the sense of:

i) When the administrative courts of circle and the tax courts

to operate aggregates, the administrative and tax court dispose of a

only president, designated by the Superior Council of Courts

Administrative and Fiscal;

ii) To be able to be created by decree-law, specialized sections or

specialized courts;

f) Reviewing the regime of the presidency of the Supreme Administrative Court and the

composition of its sections, in the sense of:

i) This court embed a president, coadjured by two vice-presidents,

elected in such a way and by periods identical to those provided for that, being

one of them elected from among and by the judges of the Contencious Section

Administrative and the other of between and by the judges of the Contencious Section

Tax;

ii) Each Section of the Supreme Administrative Court shall be composed of the

president of the Court, by the respected vice president and the remaining

judges for her nominees;

g) Reviewing the regime of the formations of judgment in the Supreme Court

Administrative, in the sense of, without prejudice to the exceptions provided for in the Act, no

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be able to intervene in the trial in the Plene the judges who have voted the decision

recurration;

h) To review the regime of the competence of the Administrative Contentious Section of the

Supreme Administrative Court in proceedings in administrative matters

relating to shares or omissions so as to predict their competence relatively

to the Constitutional Court, Supreme Court of Justice, Supreme Court

Administrative, Court of Auditors, Supreme Military Court, Central Tribunals

Administrative and Courts of Relation, as well as of the respected Presidents,

as well as from the Attorney General of the Republic;

i) Fix the competence of the Plenary of the Supreme Administrative Court for

know of the conflicts of competence between administrative courts of circle and

tax courts or between the Sections of Administrative Litigation and of

Tax Litigation;

j) Review the operating regime of the circle administrative courts

predicting that, exceeding cases in which the administrative procedural law provides

the trial in extended training, the administrative courts of circle

work only with single judge, competing for each judge the judgment, de

fact and in law, of the processes that are distributed to it;

k) To review the appointment regime of the presidents of the administrative courts of

circle, specifying that your appointment by the Top Council of the

Administrative and Fiscal Tribunals for the exercise of duties of President in

administrative courts of circle with more than three judges presupposes habilitation

preview with own training course delivered by the Centre for Studies

Judiciary, with identification of respect areas of competence, in the terms

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defined by portaria of the member of the government responsible for the area of justice,

approving the respect of the Regulation;

l) Review the regime of the competence of the president of the administrative court of circle,

in the sense of this possessing powers of representation and direction, of management

procedural, administrative and functional;

m) To review the competence regime of the administrative courts of circle, in the

sense of fit for these courts to know, in the first instance, of all the

processes from the scope of administrative and tax jurisdiction that focus on

administrative matters and whose competence, in the first degree of jurisdiction, shall not

is reserved to the higher courts;

n) To review the regime of the operation of the tax courts, in the sense of,

when a situation of processes with priority progress is concerned,

duty obligatorily the president of the court to determine that the judgment if

do with the intervention of all the judges of the court, being the quorum of two

thirds;

o) Apply to the presidents of the tax courts, as to the appointment and

competence, the regime established in the Statute of Administrative Courts and

Tax for the presidents of the administrative courts of circle;

p) Reviewing the functions of the Public Prosecutor's Office and its representation in the courts

circle administrative and tributaries, in the sense of ( i ) compete to represent you

the State, uphold democratic legality and promote the realization of the interest

public, exercising, for the purpose, the powers that the law confer upon it, and of ( ii ) be

represented in the administrative courts of circle and in the tax courts

by procurators of the Republic and by procuratorates-adjuncts;

q) Reviewing the range of competences assigned to the Superior Council of Courts

Administrative and Fiscal, in the sense of this power to appoint, from among judges

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jubilants who have exercised duties in the higher courts of jurisdiction

administrative and fiscal, the chair of the deontological organ in the framework of

administrative and tax arbitrage under the organization of the Center for Arbitration

Administrative.

Article 4.

Sense and extension of the revision of the Code of Public Procurement, the Decree Law

n ° 555/99 of December 16, of Law No. 83/95 of August 31, of Law No. 27/96,

of August 1, of Law No. 46/2007, of August 24, and of Law No. 19/2006, of 12 of

June

The legislative authorization referred to in Article 1 shall be granted in the sense that the Government shall review the

Code of Public Procurement, the Decree-Law No. 555/99, of December 16, the Law

n ° 83/95 of August 31, Law No. 27/96 of August 1, Law No. 46/2007, 24 of

August, and Law No. 19/2006 of June 12, on the following terms:

a) Amend Article 285 of the Code of Public Procurement by predicting applicability

to contracts with the liable object of administrative act of the regime of the invalidity

intended for the act with the same object and identical regulation of the situation

concrete, including the term of the argument of the total or partial annulability of the

too much contracts and the legitimacy of the cancellability of any contracts for lack

and vices of will and respect term;

b) Amend Article 85 (8), Article 95 (3) and Article 112 of the Decree-Law

no 555/99 of December 16, in the sense of assigning to the courts

administrative the jurisdiction to grant the judicial authorization for the

execution of urbanization works by third parties and to grant warrant for

entry into domicile of person who does not give his consent, in which if

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develop activities subject to supervision by employees

municipal;

c) Amend Articles 12, 16 and 19 of Law No. 83/95 of August 31, predicting

that the popular administrative action may rewear any of the forms provided for in the

CPTA, reviewing the status of the Public Prosecutor's Office in the popular actions to

effects of active legitimacy and powers of representation and intervention

procedural that are conferred on it by law, and reviewing the regime of the effects of the

sentences carried forward on trial rendered in the framework of proceedings that have

by object to the defence of homogeneous individual interests;

d) Amend Article 15 of Law No. 27/96 of August 1, predicting that the actions for

declaration of loss of mandate or dissolution of municipal organs or

equated entities have urgent character and follow the terms of the process of the

electoral litigation provided for in the CPTA;

e) Amend Articles 14, 23 and 31 of Law No 46/2007 of August 24, predicting,

specifically:

i) That the entity to whom the application was directed to an access to a

administrative document must, within 10 days, expose to the Commission of

Access to Administrative Documents (EACH) doubts that have

on the decision to be delivered, in order for this entity to issue opinion on the deadline

maximum of 30 days;

ii) That when no full satisfaction is given to the application for reuse, the

interested may file charges to CADA or apply to the court

competent administrative the subpoena of the requested entity, in the terms

provided for in that diploma and in the CPTA;

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iii) That CADA can delegate to the president powers to appreciate and decide

complaints about issues that have already been appreciated by the CADA of

uniform and repeated mode;

f) Amend Article 14 of Law No 19/2006 of June 12, predicting that in the case of

not being given full satisfaction to your request for access, the person concerned may

to complain to CADA or apply to the competent administrative court to

subpoena of the requested entity, pursuant to the Act on Access to the

Administrative Documents and in the CPTA, giving the possibility of the

third parties aggrieved by the disclosure of the information may also appeal to the

means of tutelage provided for in the law.

Article 5.

Duration

The present legislative authorization has the duration of 180 days.

Seen and approved in Council of Ministers of April 30, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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1-A Law No. 15/2002 of February 22, which approved the Code of Procedure in the Courts

Administrative (CPTA), provided for, in its Article 4, that this Code would be reviewed in the

period of three years, from the date of its entry into force, which came to occur in 1 of

January 2004.

Although, elements have been collected about the application of the Code, however,

specifically in the context of a public discussion whose achievement has been promoted in

2007, and thereby identified many carected points of amendment, the truth is that

this review has not occurred to this day.

On the other hand, the Code of Civil Procedure (CPC) was recently the subject of a

deep reform, with which to harmonize the CPTA. And also the review of the

Administrative Procedure Code, in various aspets, if it is passed on the scheme

of the CPTA.

It is, therefore, the time to undertake a review that could not be further postponed.

Take advantage, however, the occasion to introduce modifications also adjudicated

timely and necessary to the Statute of Administrative and Fiscal Tribunals (ETAF),

as well as to some avulous diplomas that discipline administrative procedural matters

or that with this are related.

2-The most significant aspets of the present review of the CPTA concern the structure

of the forms of the process and the regime's respect.

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In effect, the CPTA, in respect for the most recent tradition of litigation

portuguese administrative, based on the contraposition between the litigation appeal and the

common declarative process of the CPC, traditionally followed in the litigation of the shares,

chose to structure non-urgent declarative processes over a dualistic model,

according to which, in addition to the circumscribed types of situations of urgency, object

of own regulation, the causes should be the object of the special administrative action or of the

common administrative action, depending on the essentials, whether or not they report to acts

administrative or regulatory standards.

The solution was premised on repairs, which were fast-moving with the relative inconsistency and with the

reduced practicability of the adopted model.

Since soon, relative inconsistency, to the extent that, although the tramway that the CPTA

established for the special administrative action has been, in some way, the successor

of that which, in the preceding regime, corresponded to the contentious appeal, the truth is

that, in its fundamental aspews, it has been set by reference to the pro-

common declarative procedure of the CPC, to which, in turn, it also reshaped the form

of the common administrative action.

This circumstance has several explanations, but the main radica in the principle, that the

Code took over as fundamental, in the articles 4 and 5, of the free cumulability of

requests. In effect, the introduction of the possibility of the deduction and appreciation, in cumu-

order lating, of all requests that correspond to the common administrative action

within the framework of the special administrative action, it made the approach of the

tramping on the latter to the civil procedure, indispensable for this to be possible. By

this, more than the successor to the previous contentious appeal, the administrative action

special has been set up as a form of primatially directed process to

harmonize the CPC model to the specifics of the administrative process.

Ora, a form of process with these characteristics is sufficient, with no need for

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a dualistic model, to give response to all non-urgent declarative processes

of the administrative litigation. It is justified, therefore, to submit all the processes

non-urgent of the administrative litigation to a single model of tramping, which

corresponds to that of the previous special administrative action.

In the sense of the consecration of a single model of the stepping stone of the processes not-

urgent competion, on the other hand, from the point of view of the practicality of the system, the

convenience in giving response to difficulties that the delimitation of the scope of intervention

of the common administrative action and the special administrative action put it. Just think

in the difficulty that, in many concrete situations, arises from whether the Administration

is vested with the power to practise an impeachable administrative act, or if the

interested may propose an action of recognition of your rights or interests

without dependence on the issuance of that act. And in the inconsistency of framing the litigation

of contracts in the context of common administrative action and that of administrative acts in the

of the special administrative action, in a context (so different from the traditional one) in which it is

conceded a relative fungibility between the figures of the administrative act and the contract.

These reasons determined the option of abandoning the dualistic model that the CPTA

consecrated, extinguishing itself the form of the common administrative action and reconducting itself

all non-urgent processes of the administrative litigation to a single form of

process, the one that is given the designation of "administrative action".

This new form of process is submitted to the scheme which, until here, corresponded to the action

special administrative, but with the profound changes that arise from your

harmonization with the new CPC regime.

3-It is in the regime of the new "administrative action" that more clearly are reflected the

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implications in the CPTA of the recent reform of the CPC. The new regime of " action

administrative " introduces, thus, various innovations arising from the new regime of the

CPC, without leaving, however, to seek to match the specifics of the

administrative litigation, which are on the basis of the existence of a Code of their own, pro-

curing to give response to problems that do not arise in civil proceedings and, in the remaining

domains, enshrining, when this is justified, differentiated solutions, in which the regime

of the CPTA punctually deviates from the one that results from the CPC.

From this point of view, the regime of the new Article 78-to-be, since soon, deserves to be mentioned.

which seeks to strengthen the tutelage of the author's position in the face of the burden imposed on it

to indicate the counterstakeholders in the initial petition, and the revision of Article 85, which seeks to

enshrine a more coherent regime with regard to the intervention of the Public Prosecutor's Office

in the processes in which it is not a party.

On the other hand, the regimes of Articles 83 (4), which preserves, should be mentioned

the traditional solution of the non-imposition of the specified challenge burden, but imposes

the burden of contesting; 85.-A, which provides for the existence of replica and, if there is reconvention,

of rejoinder; 87.-A to 87 ºC, which introduce one-off adaptations to the regime of the audience

prior to and from the sander; 91 and 91.-A, which clarifies the terms in which it is carried out

holding of final hearing and in which there may be place for the submission of allegations

written.

4-Still with respect to the forms of the process, it is introduced in Articles 97 and 99 to

prediction of a new form of urgent process, directed to give speedy response and

integrated into disputes relating to mass procedures, in areas such as the

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of the contests in the Public Administration and the holding of examinations, with a high

number of participants. The new regime of mass procedures aims to ensure the

concentration in a single process, to be run in a single court, of the multiple preten-

sions that participants in these procedures wish to deduct in the litigation

administrative.

5-In the remaining subjects, they are three areas in which they assume greater relief as

changes made to the CPTA regime.

5.1. The first of them concerns the new regime of Article 73, in respect of

impugning regulatory standards, which, going to the meeting of the multiple criticisms

that it had been the subject of the previous regime, proceeds to the respect simplification and

clarification, in particular with regard to the situations of deduction of the incident from the

invalidity of regulatory standards in processes whose main object does not tell them

respect. The changes made in this area have naturally been passed on in the

Regime of the suspension of the effectiveness of regulatory standards, provided for in Article 130,

which is also revised accordingly.

5.2. The second relates to urgent pre-contractual litigation, regulated in the

articles 100 and following, the scope of which is, since soon, extended, so as to

cover litigation pertaining to the formation of all contractual types

understood by the scope of the directives of the European Union in respect of

of public contracting.

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In the regime of urgent pre-contractual litigation, it is, since soon, introduced a

series of clarifications, which aim to address multiple questions that come

putting in the jurisprudential practice, specifically with regard to the scheme to

apply in the situations of cumulation of applications (Article 100), the applicability of the

Regime of Article 45 (Article 102) and the contending dispute of the programme and

too many conformational documents of the pre-contractual procedure, whose regime was

particularly insufficient and is, now, the object of regulation of its own in Article 103.

The most relevant aspetus lies, however, in the new Article 103.-A, which, in the

purpose of finally making the transposition of the Resources Directives, associates a

automatic suspensive effect to the imputation of the award acts and introduces a

innovative regime of adoption of interim measures in the framework of the process itself

of the pre-contractual litigation.

6-The third relates to the cautionary processes, field in which they are introduced

important innovations.

Thus, in Article 113, n. paragraphs 4 and 5, the prediction of the possibility of the modifica-tion is introduced.

objective or subjective motion of the instance, by supervenient alteration of the circumstances or

by replacement of the Public Prosecutor's Office to the primitive applicant.

They deserve greater emphasis on solutions aimed at promoting the agility of processes

cautionary, avoiding overarching overarching with disproportionate production and wronged injustices-

each of proof. Sign up for this perspetive, the modifications introduced to the article

118. and, above all, the elimination of the criterion for the allocation of cautionary measures that

found itself provided for in the paragraph a ) of Article 120 (1), and vine being the object of

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criticism and a very restrictive jurisprudential application. In this context, the new

Scheme provided for in Article 120 devotes a single criterion for decision making

cautionary, whether these have anticipatory or conservatory nature, which they may

be adopted when ( i ) if it demonstrates the existence of a founded fear of the constitution

of a situation of a fait accompli or of the production of difficult damage damage

for the interests that the applicant intends to accrate in the main process and ( ii ) be

likely that the pretension formulated or to be formulated in that process will come to trial

proceeded.

And the regime of Article 131 is revised, clarifying various aspets, related to the

moment and conditions in which the interim decrement may occur and with the possibi-

lity of officiating decrement, and simplifying the regime of the incident.

7-Are, meanwhile, introduced other noteworthy innovations in the CPTA regime.

In Article 20, paragraph 4, the solution is devoting itself to the solution that seems most appropriate to ensure the

territorial proximity of the court in relation to the dispute.

In Article 30, the publicity of the administrative process is promoted.

In Article 48, in addition to the clarification of certain aspements of

Regime, it proceeds to the relaxation and broadening of the scope of application.

In Article 58 (3), the previous regime is taken up before the CPTA, which ensures greater

safety and certainty in such an important field as is the one of the term count of

impugning the administrative acts, eliminating a solution that did not have

rationale that warranted it.

In Articles 64 and 74, the harmonisation of the CPTA with the new regime is carried out

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introduced by the review of the CPA of the schemes relating, respectively, to the cancellation and

to the sanction of the contested administrative act during the pendency of the proceedings

challenge, and to the deadlines for the challenge of regulatory standards.

In articles 77-A and 77-B, the harmonisation of the legitimacy regime is carried out and

deadlines for the challenge of contracts with the new regime which, on the other hand, is intro-

ducted in Article 285 of the Public Procurement Code, in the sense of clarifying the

regime of invalidity applicable to the situations of lack and vices of the will of contracts

administrative.

In the new Article 110-A, the possibility is regulated, on which the CPTA was, until here,

omisso, from the convolation of the subpoena processes to protection of rights, freedoms

and guarantees in cautionary processes, when not fulfilling the demanding pres-

supposed to depend on the admissibility of the former.

In Article 121, the assumptions are relaxed in the direction of promoting the economy

procedural.

In the regime of jurisdictional resources (Articles 140 and segs.), the harmonisation is carried out

with the new CPC regime and the clarification of a set of aspements, in respect of

legitimacy to appeal (Article 141), succumbing (Article 142), dispatching

admission of appeal (articles 144 and 145), extension of the powers of cognition of judges

of appeal and possibility of the production of evidence in the court of appeal (Article 149) and

extension of the pronunciation powers of the magazine court (Article 150).

In Article 151, relaxation of the assumptions of the appeal per saltum , in the sense of am-

pliate the scope of its application.

In Article 172, they relax the conditions under which the payment of the

amount due under the scope of the execution processes for the right amount payment.

8-Proceed, on the other hand, to the clarification of a set of aspements of the regime of the

CPTA, in multiple domains, since there have been much identified in the jurisprudential practice,

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in which its application aroused doubts. In most cases, doubts were due

to the fact that the Code does not provide for situations which, in practice, were occurring and, so,

laced response. But also to the existence of ambiguous predictions, the meaning of which

surgery to clarify, or to the need to harmonize the essay of different precepts, of that

mode eliminating misconceptions.

In this perspetive they enroll the amendments made to Articles 10 (2), 5 and 7,

related to the passive legitimacy of the Autonomous Regions and the Ministries, in

case of cumulation of applications; 14, as to the procedure to be adopted by court

incompetent; 16, as to the determination of the court of residence or seat of

different authors; 19, as to the competent court for the actions on contracts;

20, paragraph 1, as to the scope of applicability of this standard; 20, n. paragraphs 8 and 9, as to the

territorially competent court for the proceedings of the execution of sentences and of

administrative acts dependent on jurisdictional execution; 29, as to the deadlines to be

observe by judges and judicial officers; 36, as to the regime to be applied to the

urgent processes provided for in avulous legislation; 39, as to the qualified interest

in acting required in the actions of condemnation to the abstention of the practice of administrative acts;

45. and 45-A, as to the assumptions and scope of the Rule of the Article

45.; 51, as to the general requirements for the impugability of administrative acts; 53.,

as to the regime of the impugability of the confirmated acts; 54, as to the regime of

impugability of ineffective acts; 55 and 68, as to the scope of legitimacy for

challenge administrative acts, both of the Public Prosecutor's Office, and of organs in relation

the acts of other organs of the same public entity; 56, as to the scope of application

of the institute of the acceptance of the administrative act; 59, paragraph 1, as to the time to leave

of which runs the period of challenge of ineffective administrative acts; 67 and 69,

as to the assumptions that it depends on the purposeful of the action of conviction to practice

of act due in the cases of there having been a null negative act or to claim to

replacement of an act of positive content; 70, as to the hypothesis of the claim

directed at replacing the act of positive content arising in the pendency of action

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initially proposed in a situation of silence from the Administration.

9-With respect to the ETAF, we have clarified, as soon, the terms of the relationship that

establishes between Article 1 and Article 4, with respect to the determination of the scope of

administrative and tax jurisdiction, and, on the other hand, it is given another step in the sense,

enacted by the current ETAF, from making matching the scope of jurisdiction to disputes of

administrative and tax nature that by it must be covered. In that sense,

extends the scope of administrative and tax jurisdiction to the actions of sentencing to the

removal of situations constituted by the Administration on de facto basis, without title that the

legitimize and challenge decisions that apply fines in the scope of the illicit of mere

social ordinance for violation of administrative law standards in respect of

urbanism. It is understood at this stage not to include in the scope of this jurisdiction

administrative a set of subjects involving the assessment of various issues,

such as those inherent in the processes that have the object of challenging the decisions of the

Public Administration to apply fines in the scope of the illicit of mere ordinance

social in other areas. It is intended that these subjects will be progressively

integrated within the framework of the said jurisdiction, as the reform of the courts

administrative is being performed.

By giving response to the already old yearning, the exceptions to the rule of law are removed.

that the circle administrative courts work with a single judge, to each judge

competing for the decision, in fact and in law, of the processes that are distributed to it.

As for the more, various one-off adjustments in the structure of the Supreme are carried out

Administrative Court and in the scheme of competitions for higher courts, and pro-

cede to the redefinition of the regime applicable to the presidents of the courts of first

instance.

10-Changes to other legal diplomas have, in the first place, by object the articles

85., 95 and 112 of the Decree-Law No. 555/99 of December 16 on the purposes of

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clarify some rules of procedure and competence and to remove doubts that if

have placed on the object of the subpoena process that there is envisioned,

clarifying the profound difference that separates this process from the action of condemnation to the

practice of act due, which is found to be enshrined in the CPTA.

The amendments to Articles 12, 16 and 19 of Law No 83/95 of August 31, aim

appropriate the respect for the regime to the structure of the forms of process that was introduced by the

CPTA.

The amendment of Article 15 of Law No. 27/96 of August 1 is guided by the purpose

simplifier of letting go of matching a specific process form to the

shares of declaration of loss of tenure or dissolution of municipal organs or

equated entities, by submitting these actions, by remission, to the terms of the process

of the electoral litigation, provided for in the CPTA.

The amendments to Articles 14, 23 and 31 of Law No 46/2007 of August 24 and to the article

14. of Law No. 19/2006 of June 12, are related to the amendments

introduced in the CPTA to the subpoena scheme for provision of information, consultation

of processes and passage of certificates.

Thus:

In the use of the legislative authorization granted by Article 1 of the Law n [Reg. PL 98/2015], and

in the terms of the points b ) and c) of Article 198 (1) of the Constitution, the Government decrees the

next:

Article 1.

Object

The present decree-law proceeds:

a) To the fourth amendment to the Code of Procedure in the Administrative Courts,

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approved by Law No. 15/2002 of February 22, amended by the Laws

n. ºs 4-A/2003, of February 19, 59/2008, of September 11, and 63/2011, of 14

of December;

b) At the eleventh amendment to the Statute of Administrative and Fiscal Tribunals,

approved by Law No 13/2002 of February 19;

c) To the seventh amendment to the Code of Public Procurement, approved by the Decree-Law

n. 18/2008 of January 29;

d) At the fourteenth amendment to Decree-Law No. 555/99 of December 16;

e) To the first amendment to Law No 83/95 of August 31;

f) To the second amendment to Law No. 27/96 of August 1, amended by the Organic Law

n. 1/2011 of November 30;

g) To the first amendment to Law No 19/2006 of June 12;

Article 2.

Amendment to the Code of Procedure in the Administrative Courts

Articles 2 to 5, 8 to 10, 14, 16, 20, 23, 23, 29, 35 to 31, 35, 35 to 31, 35 para.

39, 41, 45, 50, 51, 53, 59, 61 to 71, 64, 66, 66, 74, 74, 74, 74, 74, 74, 74, 74

76 to 105, 107, 110 to 124, 130 and 127, 135 to 132, 149, 149 to 145, 149 para.

152, 157, 159, 161 to 163, 169 to 173, 175, 180, 182 and 184 to 187 and 184 to 187.

of the Code of Procedure in the Administrative Courts, passed by Law No. 15/2002, of

February 22 amended by the Leis n. ºs 4-A/2003, February 19, 59/2008, 11 of

september, and 63/2011, of December 14, go on to have the following essay:

" Article 2.

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[...]

1-The principle of effective jurisdictional tutelage understands the right to obtain, in

reasonable time, and upon an equitable process, a court decision that

appreciate, with judged case strength, each claim regularly deduced

in judgement, as well as the possibility to make it perform and to obtain the

cautionary, anticipatory or conservatory arrangements, intended for

ensure the useful effect of the decision.

2-A all legally protected right or interest corresponds to tutelage

appropriate with the administrative courts, specifically for the purpose

of get:

a) The cancellation or declaration of nullity or non-existence of acts

administrative;

b) The conviction to the practice of acts due, in the terms of the law or

contractually assumed link;

c) The condemnation of the non-issuance of administrative acts, in the conditions

admitted to this Code;

d) The declaration of illegality of standards issued under the

provisions of administrative law;

e) The condemnation of the issuance of standards due under provisions

of administrative law;

f) The recognition of subjective legal situations directly

arising from legal rules-administrative or legal acts

practiced under provisions of administrative law;

g) The recognition of qualities or the fulfillment of conditions;

h) The condemnation of the adoption or abstention of behaviours, by the

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Public administration or by private individuals;

i) The conviction of the Administration to the adoption of the necessary conduits to the

restoration of infringed rights or interests, including in

situations of de facto track, devoid of title that legitimizes them;

j) The conviction of the Administration for the fulfilment of duties of

provide that they directly arise from legal-administrative standards

and do not involve the issuance of an impeachable administrative act, or

that have been constituted by legal acts practiced under the shelter

of provisions of administrative law, and which may have object to the

payment of an amount, the delivery of a thing or the provision of

a fact;

k) The conviction for the repair of damage caused by collective persons and

by the holders of their bodies or respect workers in

public functions;

l) The assessment of questions concerning the interpretation, validity or

execution of contracts;

m) The restitution of the uncause enrichment, including the repetition of the

undue;

n) The subpoena of the Administration to provide information, allow the

document consultation or passing certificates;

o) The subpoena for protection of rights, freedoms and guarantees;

p) The extent of the effects of judging;

q) The adoption of the appropriate cautionary arrangements to ensure the

useful effect of the decisions to be delivered in declarative process.

Article 3.

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[...]

1-[...].

2-[...].

3-Administrative courts ensure urgent declarative means

necessary to obtain the appropriate tutelage in situations of embarrassment

temporal as well as the cautionary means for the safeguard of the

usefulness of the sentences to be delivered in the declarative processes.

4-Administrative tribunals ensure still the execution of their sentences,

specifically from those who provide against the Administration, whether through

of the issuance of sentence that produces the effects of the administrative act

due, when the practice and content of this act are strictly

linked, whether by providing the material realization of what was

determined in the sentence.

Article 4.

[...]

1-[...].

2-[...].

3-Havendo cumulation without which among the requests there is the required connection, the

judge notifies the author or authors to, within 10 days, indicate the

request that they want to see appreciated in the process, under comination of, not the

making, there is acquittion of the instance as to all requests.

4-In the case of acquittion of the instance by illegal cumulation of applications, they may

be submitted new petitions within 30 days of transit in

judged, considering these presented on the date of entry of the first,

for the purposes of the timing of its presentation.

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5-[ Revoked ].

Article 5.

Cumulation of orders in urgent proceedings

1-A cumulation of orders is possible even when, under the terms of this

Code, any of the cumulated applications correspond to one of the forms of the

urgent administrative action, which should be, in that case, observed with the

adaptations that are necessary to be necessary, and the adaptations that

imply lower speed of the process cinging to strictly

indispensable.

2-When the complexity of the assessment of the application or requests cumulated the

justifying, the court can anticipate the decision of the main application in

relation to the instruction concerning the application or cumulated requests, which only

takes place if the provenance of these requests is not impaired by the decision

take as to the main request.

3-When any of the cumulated applications do not belong to the scope of

competence of the administrative courts, there is room for the acquittion of the

instance in respect of that request.

Article 8.

[...]

1-[...].

2-[...].

3-[...].

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4-[...]:

a) [...];

b) [...];

c) [...];

d) The revocation or cancellation of the contested act.

5-All public or private entities must provide the elements and

provide the necessary collaboration for the exercise of public action by the Ministry

Public, and may this, in the event of refusal, request the competent court

for the judgment of the proposed action or to propose the application of the sanctions

provided for in the civil procedural law for the situations of illegitimate refusal of

collaboration for the discovery of the truth.

Article 9.

[...]

1-Without prejudice to the provisions of the following number and in Chapter II of Title II,

the author is considered legitimate part when alegue is part in the relationship

contested material.

2-Irregardless of having personal interest in the demand, any person,

as well as the associations and foundations defenders of the interests in question,

local authorities and the Public Prosecutor's Office have legitimacy to propose and

intervene, in the terms provided for in the law, in main and precautionary processes

intended for the defense of constitutionally protected values and goods, such as

public health, the environment, urbanism, spatial planning, the

quality of life, the cultural heritage and the goods of the State, of the Regions

Autonomous and local authorities, as well as to promote the implementation

of the corresponding jurisdictional decisions.

Article 10.

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[...]

1-[...].

2-In the proceedings brought against public entities, part demand is the

collective person of public law, save in the proceedings against the State or

Autonomous Regions that report to the action or omission of organs

integrated into the respected ministries or regional secretaries, in which part

respondent is the ministry or ministries, or the secretaries or secretaries

regional, to which organs are attributable to the acts practiced or on whose

organs recapes the duty to practise the legal acts or observe the

intended behaviors.

3-[...].

4-The provisions of paragraphs 2 and 3 shall not preclude the one to consider regularly

proposed the action when in the petition has been indicated as part

demanded an organ belonging to the collective person of public law, to the

ministry or the regional office that are to be demanded.

5-When, in the situation provided for in the preceding paragraph, the citation is made in the

body indicated in the petition, considers itself to be cited the collective person, the ministry

or the regional office to which the organ belongs.

6-[ Previous n. 5. ]

7-When the main application should be deducted against a Ministry, this

also has passive legitimacy in relation to the requests that with that

be cumulated.

8-[ Previous Article No 6 ].

9-[ Previous Article No 7 ].

10-Without prejudice to the subsidiary application, when warranted, of the provisions of

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in the civil procedural law on third-party intervention, when the

satisfaction of one or more pretensions deduced against an entity

public requires the collaboration of another or other entities, it is up to the entity

demanded to promote the respect intervention in the process.

Article 12.

[...]

1-[...]:

a) [...];

b) [...].

2-In the contested proceedings, it is possible to the coalition of different authors

in the imputation, be it of a single, be of various legal acts, provided that

fill out any of the assumptions set out in the preceding paragraph.

3-[...].

4-In the case provided for in the preceding paragraph, as well as when there is coalition

illegal of authors, new petitions may be filed, within 30

days to count from the transit on trial of the decision, considering these

presented on the date of entry of the first, for the purposes of the tempestivity

of your presentation.

Article 14.

[...]

1-When the petition is addressed to incompetent court, the case is

officiously remitted, if possible by electronic means, to the court

administrative or competent tax.

2-When the petition is addressed to incompetent court, without the court

competent belonging to the administrative and tax jurisdiction, may the person concerned,

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within 30 days of the transit on trial of the decision declaring the

incompetence, apply for referral of the case to the competent court,

with indication of the same.

3-[...].

Article 16.

[...]

1-Without prejudice to the provisions of the following articles and the solutions that result

of the distribution of the competences in function of the hierarchy, the processes are

intentioned in the court of the area of the habitual residence or the registered office of the author.

2-Havendo plurality of authors, action may be proposed in the court of the

area of the habitual residence or the seat of most of them, or, in the case of no

there is a majority, in the court of the area of the habitual residence or the seat of

any of them.

Article 19.

[...]

1-The claims relating to contracts are deducted in the court of the place of

compliance with the contract.

2-If the parties convene the court before which they commit to

deduct your claims relating to the contract, the competent court for

the effect is the conventionalized court.

3-The actions that have per object emerging litigation of employment links

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public-intentioned by worker against the public employer may be

proposed in the court of the place of the provision of work or of the domicile of the

author.

Article 20.

[...]

1-The processes relating to the practice or omission of standards and acts

administrative of the Autonomous Regions and local authorities, as well as

of the entities by them instituted, and of the collective people of public utility

are intended in the court of the area of the seat of the defendant entity.

2-[ Revoked. ] .

3-[...].

4-The knowledge of subpoena requests for provision of information,

document consultation and the passage of certificates is the competence of the

court of the area where the provision, consultation or passage should take place

intended.

5-[...].

6-[...].

7-[...].

8-A The territorial competence for the executive processes is determined in the

terms of civil procedural law.

9-For the jurisdictional execution of administrative acts that may not be

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tax coercively by the Administration, the competent court is the

area of the registered office of the residence or the seat of the executed or the location of the goods

to perform.

Article 23.

Applicable regime

It is subsidally applicable to the administrative procedure the provisions of the law

civil procedural in the matter of delivery or shipment of the procedural parts, of the

duplicates of the joints and copies of the submitted papers, well

as with regard to the realization of the citations and notifications.

Article 24.

Realization of procedural acts

1-Procedural acts, including the acts of the parties that should be practiced

in writing, and the tramping of the process, are electronically effected, in the

terms to be defined by portaria of the member of the Government responsible for the area

of justice.

2-A presentation of procedural parts and documents by electro-

waiving your consignment to the court, and that of duplicate and copies,

on paper support, without prejudice to the possibility of the judge requiring the

presentation of the original, pursuant to the civil procedural law.

3-Presented the petition by way of electronica, the citation of public entities or

of the organs in it indicated is automatically effected by means of an electronica,

with no need for order from the judge, save in the cases expressly

provided for in which the liminal dispatch there is place.

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4-In the situation provided for in the preceding paragraph, the defendant public entity stands

thank you to present your procedural pieces, the eventual process

instructor and too many documents by electro, in the conditions to be defined

by porterie of the member of the Government responsible for the area of justice,

and the author shall, where possible, receive the judicial notifications by the

same way, in automatic mode.

5-The procedural acts referred to in the preceding paragraphs may, still, be

presented to judgment in one of the following ways:

a) Delivery at the judicial office, validating as the date of the practice of the act a

of the respect delivery;

b) Shipping by mail, under registration, worth as the date of the practice of the

act the one of the expedition;

c) Sending through a fax, worth as the date of the practice of the act to da

dispatch.

Article 25.

[...]

1-Unless otherwise stipulated, the editions are carried out by the

publication of advertisement on public access computer page, in the terms

to define in portaria of the member of the Government responsible for the area of

justice.

2-In all forms of process, all joints and requirements

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autonomous and too many documents submitted after the notification to the author

of the respondent's contention are notified by the judicial representative of the

present to the judicial representative of the counterparty in the terms of the law

civil procedural.

3-A notification determined in the preceding paragraph may be carried out by means

electrically, in the terms of the porterie of the responsible Government member

by the area of justice.

Article 26.

Distribution

1-The computer system of the administrative and tax courts ensures the

daily distribution of the processes and too many documents subject to

distribution, which automatically takes place in an electro-form.

2-For the effect of the provisions of the preceding paragraph, they are introduced beforehand

in the system the necessary data, determined in the respect of the principles

of impartiality and of the natural judge, in accordance with the following criteria:

a) Species of processes, defined by the Higher Council of the

Administrative and Fiscal Courts, on a proposal from the President of the

court;

b) Workload of the judges and respecting availability for the

service;

c) Type of matter to be appreciated, provided that, in court, there is a minimum of

three judges affections to the appreciation of each type of matter.

3-In all that is not expressly regulated in this article, applies,

with the necessary adaptations, the provisions of the Code of Civil Procedure

as for distribution.

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Article 27.

Powers of the rapporteur in proceedings in the first degree of jurisdiction in courts

superior

1-[...].

2-From the dispatches of the reporter falls claim to the conference, with the exception

of those of mere expedients.

Article 29.

[...]

1-[...].

2-[ Revoked ].

3-Without prejudice to the provisions of the following numbers, they shall apply to the

processes in the administrative courts, in the first instance or in the way of

resource, the deadlines set out in the civil procedural law for judges and

officials, with due legal consequences.

4-In the lack of special provision, judicial dispatches are given in the

period of 10 days.

5-In the lack of special provision, prosecutions of the Public Prosecutor's Office are

deduced within 10 days.

6-The dispatches or promotions of mere expedient, as well as the

considered urgent, should be delivered within a maximum of two days.

7-Decorrids three months on the term of the deadline set for the practice of act

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own from the judge without the same having been practiced, shall the judge

to consign the concrete reason for the failure to the deadline.

8-A The secretariat would refer, monthly, to the President of the court information

discriminated against the cases in which they show decorated three months on the

term of the deadline set for the practice of the judge's own act, albeit the act

has meanwhile been practiced, tasking the president of the court, in the

period of 10 days counted from the date of receiving, refer the expedient to the

entity with disciplinary competence.

Article 30.

[...]

1-The administrative process is public, with the restrictions laid down in law,

processing of access under the terms and conditions provided for in the procedural law

civil.

2-The rulings of the Supreme Administrative Court, as well as those of the

Administrative Central Courts and the administrative tribunals of

circle that have transitioned on trial, are the object of publication

compulsory by computer, on the basis of jurisprudence data.

3-From the computer treatment must appear at least the identification of the

court that delivered the decision and the judges who have signed it, the date and the

meaning and the fundamentals of the decision.

4-[ Revoked ].

5-[ Revoked ].

6-[ Revoked ].

7-[ Revoked ].

8-[ Revoked ].

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Article 31.

[...]

1-[...].

2-Call for the value of the cause to determine whether it is up to the sentence appeal

prowound in the first instance and what type of resource.

3-[...].

4-[...].

Article 35.

[...]

1-The declarative process in the Administrative Courts shall be governed by the provisions

in Titles II and III and by the general provisions, sensing it in a subsidiary

applicable to the provisions of civil procedural law.

2-[ Revoked ].

Article 36.

[...]

1-[...]:

a) [...];

b) Mass procedures, with the scope set out in this Code;

c) [ Previous point (b) ];

d) [ Previous paragraph (c) ];

e) [ Previous point (d) ];

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f) [ Previous point (e) ].

2-The urgent and respectable processes incidents run on holiday, with

dispensation of prior visas, even at the stage of jurisdictional appeal, and the

acts of the secretion are practiced on the day itself, with precedence over

any others.

3-The trial of urgent proceedings takes place, with priority over the

too much as soon as the process is ready for decision.

4-In the lack of own specification as to the respect of the tramway, the

urgent proceedings provided for in special law follow the terms of the action

administrative, with the deadlines reduced to half, regening, as to the

more, by the provisions of paragraphs 2 and 3 of this Article and, in a phase of appeal

jurisdictional, by the provisions of Article 147.

Article 37.

[...]

1-Seate the form of the administrative action, with the tramway regulated in the

Chapter III of this Title, the processes that have per object disputes

whose assessment falls within the scope of the jurisdiction of the courts

administrative and that neither in this Code, nor in avulous legislation are

object of special regulation, specifically:

a) Impugning of administrative acts;

b) Condemnation of the practice of administrative acts due, in the terms of

law or of contractually assumed bond;

c) Condemnation of the non-issuance of administrative acts, in the conditions

admitted to this Code;

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d) Challenge of standards issued under provisions of law

administrative;

e) Condemnation of the issuance of standards due under provisions

of administrative law;

f) Recognition of subjective legal situations directly

arising from legal rules-administrative or legal acts

practiced under provisions of administrative law;

g) Recognition of qualities or the fulfillment of conditions;

h) Condemnation of the adoption or abstention of behaviors by the

Public administration or by private individuals;

i) Sentencing of the Administration to the adoption of the necessary conduits to the

restoration of infringed rights or interests, including in

situations of de facto track, devoid of title that legitimizes them;

j) Sentencing of the Administration to the fulfilment of duties of

provide that they directly arise from legal-administrative standards

and do not involve the issuance of an impeachable administrative act, or

that have been constituted by legal acts practiced under the shelter

of provisions of administrative law, and which may have per object

the payment of an amount, the delivery of a thing or the provision

of a fact;

k) Civil liability of the collective persons as well as the holders

of their body or respect workers in public functions,

including return actions;

l) Interpretation, validity or execution of contracts;

m) The restitution of the uncause enrichment, including the repetition of the

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undue;

n) Legal relations between administrative entities.

2-[ Previous Article No 3 ].

Article 38.

[...]

1-[...].

2-Without prejudice to the provisions of the preceding paragraph, it may not be obtained by

other procedural means the effect that would result from the cancellation of the act

inimitable.

Article 39.

Procedural interest

1-The requests for simple appreciation can be deducted by whom invoking

usefulness or immediate advantage, for you, in the jurisdictional providence

intended, specifically because there is a situation of uncertainty, of

illegitimate affirmation on the part of the Administration of the existence of a particular

legal situation, as in the cases of non-existence of administrative act, or the

founded fear that the Administration may come to adopt conduct

lesiva, founded on an incorrect assessment of the existing legal situation.

2-A conviction for non-issuance of administrative acts can only be sought

when it is likely to be the issuance of lesion acts of rights or interest

legally protected and the use of that route proves to be necessary.

Article 41.

[...]

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1-Without prejudice to the provisions of the substantive law and in the following chapter, the action

administrative may be proposed at all time.

2-[ Revoked ].

3-[ Revoked ].

Article 45.

Modification of the process object

1-When it is found that the author's claim is founded, but that to the

satisfaction of your interests obstinate, in whole or in part, the existence of

a situation of absolute impossibility, or the defendant entity

demonstrate that the fulfillment of the duties to which it would be condemned would originate

an excecional loss to the public interest, the court proffers decision

in which:

a) Recognizes the well-founded claim of the author;

b) Recognizes the existence of the circumstance that obstinates, in whole or in

part, to the issuance of the requested pronunciation;

c) Recognizes the right of the author to be indemnified by that fact; and

d) Invites the parties to agree on the amount of the compensation due

within 30 days, which can be extended up to 60 days, in case it is

predictable that the agreement will come to fruition within that time frame.

2-In the absence of the agreement referred to in point d ) of the previous number, the author

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may apply, within one month, the judicial fixation of the indemnity

due, upon presentation of properly reasoned articulation,

owing the court, in that case, to hear the other party for the period of 10 days and

order the instructional representations it deems necessary.

3-In the hypothesis provided for in the preceding paragraph, the author may choose to ask for the

repair of all damage resulting from the illegitimate acting of the entity

respondent, hypothesis in which this is notified to contest the new request

within 30 days, fining what the action follows the subsequent terms of the

administrative action.

4-The provisions of the d ) of paragraph 1 and in paragraphs 2 and 3 shall not apply when the

author had already cumulated in the action the request for repair of all the damage

resulting from the illegitimate actuation of the defendant entity, hypothesis in which the

court gives the author the possibility to extend the indemnity request already

deducted, so as to include the amount of the additional compensation that

may be due for the occurrence of the situations provided for in paragraph 1.

5-[ Revoked. ]

Article 48.

Selection of processes with priority progress

1-When, in a same court, more than ten proceedings are brought up that,

although referred to in different pronunciations of the same administrative entity,

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relate to the same material legal relationship or, as yet concerning

to different coexisting legal relationships in parallel, are susceptible to

be decided on the basis of the application of the same standards to situations of

fact of the same type, the president of the court must determine, heard the

parts, that is given progress only to one of them and suspending themselves to tramway-

tion of the rest.

2-[...].

3-In the exercise of the powers conferred in the preceding paragraphs, the court

should make sure that in the process to which progress is given

priority the issue is debated in all its de facto and de facto aspements

right and that the suspension of the tramway of the remaining proceedings does not have the

scope to limit the scope of instruction, sidelining the appreciation of facts

or the realization of proof representations necessary for the complete

clearance of the truth.

4-When the verification of the assumptions required in the preceding paragraph

it can only be achieved through the conjugated selection, for effect of

priority decision, of more than one process, the selected processes

should be attached in a single process.

5-Of the decisions of suspension of tramping or of apensation of proceedings,

may the parties intervene, within 15 days, appeal with effect

devolutive with grounds in the absence of any of the assumptions

referred to in paragraph 1.

6-The provisions of the preceding paragraphs shall also apply when the situation is

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check in the set of different courts, and the boost from the

chairman of any of the courts involved or of any of the parties

in the processes concerned.

7-A The application of the scheme of this Article to situations of existing processes

in different courts, as provided in the preceding paragraph, is

determined by the President of the Supreme Administrative Court, to whom

compete to establish which or which processes to which it is to be given

progress, with suspension of the remaining, officiously or upon

proposal of the presidents of the courts involved.

8-To the selected process or processes is applicable to the provisions of paragraph 4 of the

article 36 for urgent proceedings and in their judgment they intervene all

the judges of the court or section.

9-A decision issued in the process or in the selected processes is notified

to the parties in the suspended proceedings, and the author in these proceedings may choose,

within 30 days, for giving up the application or resorting to the sentence

delivered in the process or in the selected processes.

10-The court officiously decides the extent of the effects of the sentence to the

processes suspended in the scope of which there is no practicality, at the time

determined in the previous number, any of the acts there anticipated.

11-When it deserves, the appeal provided for in paragraph 9 shall produce effects

only in the appellant's legal sphere.

Article 50.

[...]

1-A The impugning of an administrative act has by object the annulment or the

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declaration of nullity of that act.

2-[...].

3-A The impugning of injurial acts expresses the intention, on the part of the author, of

exercise the right to redress for the damage it has suffered, to the effect of

interrupt the prescription of this right, in the general terms.

4-The actions of declaration of non-existence of administrative act shall apply,

with due adaptations, the provisions of Articles 55 and 57, in respect of

legitimacy, as well as in Article 64, in the case that the author has an interest in

deduce, in replacement or supervenient cumulation with the initial application,

the administrative act imputation practiced during the pendency of the

process.

Article 51.

Contestable acts

1-Even if they do not put an end to a procedure, they are impugable all

decisions that, in the exercise of legal-administrative powers, are aimed at

produce external legal effects in an individual and concrete situation,

including those handed down by unintegrated authorities in the Administration

Public and by private entities acting in the exercise of powers

legal-administrative.

2-Are specifically challenging:

a) The decisions made in the framework of administrative procedures

about issues that can't be again appreciated at the moment

subsequent of the same procedure;

b) The decisions made in relation to other organs of the same person

collective, liable to compromise the conditions of the exercise of

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competencies legally conferred on the seconds for the pursuit

of interests by which these organs are directly responsible.

3-The impugable acts of harmony with the provisions of the preceding paragraphs

that do not put an end to a procedure can only be challenged

during the pendency of the same, without prejudice to the faculty of impugning

of the final act on the grounds of illegalities committed during the

procedure, save when these illegalities concern the act that

has determined the exclusion of the person concerned from the procedure or the act which

special law subject to an burden of autonomous imputation.

4-If against an act of improper judgment or refusal of appreciation of

application has not been deducted the appropriate application for conviction to

practice of act due, the court invites the author to replace the petition, to

the effect of deducting the said application.

5-In the hypothesis provided for in the preceding paragraph, when there is place to be replaced

of the petition, considers the new petition filed on the date of the first

entry registration, being the defendant entity and the counter-stakeholders of

new cited for contesting.

Article 53.

Contesting of confirmating and execution acts

1-Are not contestable the confirmated acts, understanding themselves as such the acts

that are limited to reiterating, with the same fundamentals, decisions contained in

previous administrative acts.

2-Exceed from the provisions of the preceding paragraph the cases in which the person concerned

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has not had the onus to impugn the confirmed act, for not having

verified, in relation to this act, any of the facts provided for in paragraphs 2 and 3

of Article 59.

3-Legal acts of enforcement of administrative acts are only challenged by

vices of their own, to the extent they have a decision-making content of character

innovative.

4-When it is admitted to challenge the confirmatatory act, pursuant to the n.

2, the effects of the sentence you know of the object of the process are extensive

to the confirmed act.

Article 54.

[...]

1-Administrative acts can only be challenged from the moment on

that produce effects.

2-The provisions of the preceding paragraph shall not exclude the faculty of imputation from

acts that have not started to produce legal effects when:

a) It has been triggered by its execution;

b) Be it safe or very likely that the act will produce effects,

specifically because ineffectiveness is due only to the fact that the act is

find dependent initial or suspensive condition dependent whose

verification is likely, namely by relying on the will of the

beneficiary of the act.

3-[ Previous Article No 2 ].

Article 55.

[...]

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1-[...]:

a) [...];

b) [...];

c) Public and private entities, as to the rights and interests that

comply with them to defend;

d) Administrative bodies, in respect of acts practiced by others

organs of the same public collective person who reportedly

commit the conditions of the exercise of competences legally

conferred on the former for the pursuit of interests by which

these organs are directly responsible;

e) [...];

f) [...].

2-A any voter, in the enjoyment of his civil and political rights, is permitted

challenge the decisions and deliberations adopted by bodies of the authorities

places based in the circumscription where to find census, as well as

of the entities instituted by local authorities or that of these dependents.

3-[...].

Article 56.

[...]

1-Cannot impugn an administrative act on the grounds of its mere

cancellability who has accepted it, either expressed or tacitly, after

practiced.

2-[...].

3-[...].

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Article 58.

[...]

1-Unless legal provision to the contrary, the imputation of nulliative acts is not

subject to deadline and that of cancellable acts takes place within the period of:

a) One year, if promoted by the Public Prosecutor's Office;

b) Three months, in the remaining cases.

2-Without prejudice to the provisions of Article 59 (4), the time limits set out in the

previous number count in the terms of Article 279 of the Civil Code.

3-A The challenge shall be admitted, in addition to the time limit set out in paragraph b) of paragraph 1:

a) In the situations where fair impediment occurs, in the terms

provided for in civil procedural law;

b) Within three months, counted from the date of the cessation of the error, when

if it demonstrates, with respect for the contradictory, that, in the concrete case,

the fearful presentation of the petition was not due to a citizen

usually diligent, by virtue of the conduct of the Administration having

induced the person concerned in error; or

c) When, having not yet elapsed one year on the date of practice

of the act or of its publication, when mandatory, the delay should be

considered excusable, listening to the ambiguity of the frame

applicable normative or the difficulties which, in the concrete case, if

they posed as to the identification of the contested act, or to their

qualification as an administrative act or as a standard.

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4-[ Revoked ].

Article 59.

[...]

1-Without prejudice to the faculty of impugning at the time before, within

of the constraints of Article 54, the deadlines for the challenge shall only begin

running on the date of the occurrence of the facts set out in the following numbers

if, at that time, the act to be challenged is already effective, counting such deadlines,

in the contrary hypothesis, from the beginning of the production of effects of the act.

2-The deadline for the imputation by the recipients to whom the administrative act

should be notified only runs from the date of notification to the person concerned or

to his mandatary, when the latter was as such constituted in the

procedure, or of the date of the notification effected in last place case

both have been notified, even though the act has been the object of

publication, even if mandatory.

3-The deadline for the challenge by any other interested starts to

run from one of the following facts:

a) When the acts have to be published, from the date on which the act

published should produce effects;

b) When the acts do not have to be published, from the date of the notification,

of the publication, or of the knowledge of the act or its execution,

depending on what occurs in the first place.

4-A The use of means of administrative imputation suspending the deadline of

contentious imputation of the administrative act, which only resumes its course

with the notification of the decision handed down on the administrative challenge

or with the course of the term of the legal period, whicheter occurs in

first place.

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5-[...].

6-[...].

7-[...].

8-[...].

Article 61.

[...]

1-When they are separately intending different processes contest-

rivers in situations where the cumulation of impurition is admitted, the

apensation of the processes is to be ordered in what was intentioned in

first place, pursuant to Article 28.

2-[...].

Article 63.

Magnification of the instance

1-Until the closing of the discussion in the first instance, the object of the pro-

it may be extended to the imputation of acts that come up in the

scope or following the procedure in which the contested act is

inserts, as well as the formulation of new pretensions that with that

can be cumulated.

2-[...].

3-[...].

4-A The magnification of the object is required by the author in his / her own articulate, which is

notified to the respondent entity and the counter-persons, so that it is pro-

nuncion within 10 days.

Article 64.

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Administrative cancellation, sanction and revocation of the contested act with effect

retroactive

1-When, pending the proceedings, the contested act is the object of

administrative cancellation accompanied or successful of new regulation, may

the author requires that the process proceed against the new act with

foundation in the recidivism in the same illegalities, being harnessed to

evidence produced and available to the author of the faculty to offer new means

of proof.

2-The requirement referred to in the preceding paragraph shall be submitted in the

term of challenge of the annulatory act and before the transit on trial of the

decision that adjudicates extinct the instance.

3-The provisions of paragraph 1 shall apply to all cases in which the contested act

is, in whole or in part, altered or replaced by another with the

same effects, and yet in the case that the annulatory act has already been practiced in the

moment in which the process was intentioned, without the author of this having or

should have knowledge.

4-If the act annulled by the Administration pending the proceedings only comes to be

replaced with another after the extinction of the instance, the interested can

apply, within the time of the contentious challenge, the reopening of the

process against the new act on the grounds of recidivism in the same

illegalities, being harnessed the evidence produced and availing the author of the

faculty of offering new means of proof.

5-The provisions of the preceding paragraphs shall also apply to cases of revocations-

tion of the act with retroactive effect.

6-When, in the pendency of the act imputation process that has

determined the imposition of duties, charges, burden or subjection, the

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application of sanctions or the restriction of rights or interests legally

protected, is delivered act with the reach of sanar the effects of the act

Challenged, the author may apply for the cancellation of the injurious effects produced

by that act during the period of time that preceded the respect

sanction.

Article 66.

[...]

1-A Administrative action may be used to obtain the conviction of the

competent entity to the practice, within a certain period of time, of an act

administrative illegally omitted or refused.

2-[...].

3-A The possibility provided for in the following article of the deduction of applications for

condemnation of the practice of act due against acts of positive content no

undermines the faculty of the person concerned to choose to proceed, in the alternative, to the

challenge of the acts in question.

Article 67.

[...]

1-A conviction to the practice of administrative act may be sought when,

having been submitted application constituting the competent organ in the

duty to decide:

a) No decision has been delivered within the legally

established;

b) Has been practised administrative act of improper or

refusal to consider the application;

c) Has been practiced administrative act of positive content that does not

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complies fully with the claim of the person concerned.

2-[...].

3-[...].

4-A conviction to the practice of administrative act can also be sought without

have been submitted application, when:

a) It has not been fulfilled the duty to issue an administrative act

that resulted directly from the law;

b) If you intend to obtain the replacement of an administrative act of containership-

of the positive.

Article 68.

[...]

1-It has legitimacy to ask for the conviction to the practice of an act

administrative:

a) [...];

b) The Public Prosecutor's Office, with no need for the presentation of

application, when the duty to practise the act results directly from the

law and is in question the offence of fundamental rights, the defence of

public interests especially relevant or from any of the

values and goods referred to in Article 9 (2);

c) [ Previous point (b) ];

d) Administrative bodies, relatively to the conduct of other organs of the

Public Administration, which reportedly compromise the

conditions of the exercise of competences legally conferred on the

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first for the pursuit of interests by which these bodies

are directly responsible;

e) Chairmen of collegiate bodies, concerning the conduct of the respect

organ, as well as other authorities, in defence of legality

administrative, in the cases provided for in the law;

f) [ Previous point (d) ].

2-In addition to the entity responsible for the situation of illegality, they are

compulsorily demanded the counter-persons to whom the practice of the

intended act can directly harm or that have legitimate

interest in which it is not practiced and that can be identified in

function of the material relation in question or of the documents contained in the

administrative process.

Article 69.

[...]

1-[...].

2-In cases of dismisuse, refusal to review the application or to

pretension directed at the replacement of an act of positive content, the deadline

of purposeful of the action shall be three months, the provisions of paragraph 3 being applicable.

of Article 58 and in Articles 59 and 60.

3-When, in the cases provided for in the preceding paragraph, an act is in question

null, the request for conviction to the practice of the act due can be deducted in the

period of two years, counted from the date of notification of the act of dismissal,

of the act of refusal of appreciation of the application or the act of content

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positive that the person concerned intends to see replaced by another, without prejudice,

in the latter case, of the possibility, alternatively, of the imputation of the act of

positive content without term dependency.

Article 70.

[...]

1-When the claim of the person concerned is undue in the pendency of

intended process in the situation of inertia or refusal of appreciation of

application, can the author claim new fundamentals and offer different

means of proof in favor of your claim.

2-[...].

3-When, pending the proceedings, an administrative act is delivered

that does not fully satisfy the pretension of the person concerned, the author may

promote the alteration of the object of the process, to the effect of asking for

partial cancellation of the new act or the conviction of the defendant entity to the

practice of the act necessary to the full satisfaction of your claim.

4-In all the situations provided for in the preceding paragraphs, the author shall

present joints of its own within 30 days, counted since the date of

notification of the act, considering itself as such, when there has not been

notification, the date of knowledge of the act obtained in the process.

Article 71.

[...]

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1-Even if the submitted application has not obtained an answer or its

appreciation has been refused, the court is not limited to returning the issue

to the competent administrative body, cancelling or declaring null the

possible act of dismissal, but pronounces on the material pretension

of the person concerned, enforcing the practice of the act due.

2-[...].

3-When the conviction was sought for the practice of an act with a

determined content, but please check that although it is due to practice

of an administrative act, it is not possible to determine its contents, the

court does not absolve the application, but condemns the defendant's entity

issue of the act in question, in accordance with the parameters set out in the

previous number.

Article 73.

[...]

1-A declaration of illegality with general mandatory force of norm

immediately operative can be sought by whoever it is directly

harmed by the duration of the norm or it may be predictably to sway it in

next moment, regardless of the practice of concrete act of

application, by the Public Prosecutor's Office and by persons and entities in the terms of the

n Article 9 (2), as well as by the presidents of collegial bodies, in

relation to standards issued by the organs ' respective respects.

2-Who is directly impaired or can come predictably to have it in

moment close by the application of immediately operative norm that

incur any of the grounds of illegality provided for in paragraph 1 of the

article 281 of the Constitution of the Portuguese Republic may obtain the

disapplication of the standard, calling for the declaration of its illegality with effect

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circumscribed to your case.

3-When the effects of a norm do not produce immediately, but only

through an administrative act of application, the aggrieved, the Ministry

Public or any of the persons and entities under the terms of paragraph 2 of the

article 9 may raise the issue of the illegality of the standard applied in the

scope of the case directed against the act of application for incidental title,

calling for the disapplication of the standard.

4-The Public Prosecutor's Office has a duty to ask for the declaration of illegality with

general mandatory force when you have knowledge of three decisions of

disapplication of a standard on the grounds of its illegality, as well as

of resorting to the decisions of first instance that declare the illegality

with general mandatory force.

5-For the purpose of the provisions of the preceding paragraph, the Registrar would refer to the

representative of the Public Prosecutor's Office to the court certificate of the sentences

that have disapplied, on the grounds of illegality, any standards

issued under administrative law provisions or which have

declared to be unlawfully respectful with general mandatory force.

Article 74.

Deadlines

1-Without prejudice to the provisions of the following number, the declaration of illegality

of standards can be requested at all time.

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2-A declaration of illegality on the grounds of formal illegality or

procedurality of which does not result unconstitutionality can only be sought

within six months, counted from the date of publication, save in the cases of

absolute deficiency of legal form or required public consultation preterance

by law.

Article 76.

[...]

1-A declaration with general mandatory force of the illegality of a standard, nos

terms set out in this Code, it produces effects from the date of entry into

vigour of the standard, save in the case of supervenient illegality.

2-[...].

3-In proceedings brought by anyone who has been directly impaired

for the duration of immediately operative standard, the application of the provisions of the

previous number is without prejudice to the elimination of the injurious effects caused

by the standard in the legal sphere of the author.

4-[ Previous n. 3. ]

5-A The statement referred to in this article implies the repristing of the

standards repealed, save when they are illegal or have left by

another reason to invigorate.

Article 77.

Condemnation of the issuance of standards

1-The Public Prosecutor's Office, the remaining persons and defenders of the

interests referred to in Article 9 (2), the presidents of collegial bodies,

in relation to norms omitted by the organs ' respective respects, and who randomized a

injury directly resulting from the omission situation may ask the

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competent administrative court that appreciates and veriates the existence of

situations of illegality by omission of the standards whose adoption, under the

provisions of administrative law, be required to give enforceability

the lawless legislative acts of regulation.

2-When you check the existence of a situation of illegality by omission, the

court sentences the competent entity to the issuance of the missing regulation,

setting deadline for the omission to be met.

Article 78.

[...]

1-A The instance constitutes with the purposeful of the action and this one considers itself

proposal as soon as the initial petition is received at the court's office to the

which is directed.

2-In the initial petition, deducted by articulated form, must the author:

a) [...];

b) Identify the parties, including possible counterstakeholders,

indicating their names, domiciles or sedes and, where possible,

not dealing with public entities, civilian identification numbers,

of tax identification or of collective person, occupations and places of

work;

c) [...];

d) State the form of the process;

e) [ Previous point (d) ];

f) Exposing the essential facts that constitute the cause of asking for and the reasons

of law that serve as a foundation of the action;

g) [ Previous point (h) ];

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h) [ Previous point (i) ].

3-For the effect of the provisions of the paragraph b ) of the previous number, the indication as

part demanded from the body it issued or should have issued a standard or

an administrative act is sufficient for that, in the processes with that object,

are deemed to be indicated, when the should have been, the collective person, the

ministry or the regional office, so the quotation that comes to be

directed to the organ if it considers itself made, in that case, to the collective person, to the

ministry or the regional office to which the organ belongs.

4-When the author intends to present rol of witnesses and apply for others

means of proof, must do so at the end of the petition, and may indicate, when

be a case of this, that the documents necessary to the evidence appear in the

administrative process.

5-[ Revoked ].

Article 79.

[...]

1-The author should instruct the initial petition with the supporting document of the

advance payment of the due rate of justice, of the granting of the benefit of

judicial support, or, occurring reason of urgency, of the request for support

judiciary required, but not yet granted.

2-When the initial petition is submitted by electronical transmission of

data, the prior payment of the rate of justice or the granting of the benefit

of the judicial support are proven in the terms defined by the porterie of the

member of the Government responsible for the area of justice.

3-Without prejudice to the other requirements required by civil procedural law, the

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initial petition must be instructed with the documentary evidence and specifically:

a) When it is deducted pretense, with document

proof of the issuance of the standard or the contested act;

b) When the declaration of non-existence of an administrative act is sought,

with the possible proof of the appearance of such an act;

c) When the pretension of the author directed to the practice of an act

administrative has been undue or rejected, with document

proof of the dismissability or rejection;

d) When the pretension of the author directed to the practice of an act

administrative has not been answered, with copy of the

application submitted, or with receipt or other document

proof of the entry of the original into the relevant departments.

4-Claiming justified reason, is fixed deadline to the author for the joining of

documents that you have not been able to obtain in time.

5-[ Revoked ].

6-[ Revoked ].

7-In all that is not expressly regulated in this article, applies,

with the necessary adaptations, the provisions of the Code of Civil Procedure

as to the instruction of the initial petition.

Article 80.

[...]

1-[...]:

a) [...];

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b) In the case of referring to the existence of the counterinterested, do not proceed to

cabal indication of the respect of the name and residence, without prejudice to the

provisions of Article 78;

c) Omits any of the elements to which the points are referred b) , c) , d) and h)

of Article 78 (2);

d) It has not been together any of the supporting documents

provided for in Article 79 (1);

e) [...];

f) [...].

2-A The refusal of the petition by the secretarial has the effects and consequences of it

correspond in the civil procedural law, and may be object of claim and

recourse under the terms provided for in the same law.

Article 81.

Citation of the respondents

1-Received the petition, it is incumbent on the office to officiously promote the citation

of the respondents.

2-The judge may, on the application of the author and if it considers it justified,

determine that the citation is urgent, in the terms and for the anticipated effects

in civil procedural law.

3-In proceedings that have per object the imputation of norm, the judge

send to publish announcement of the purposeful of the action, by the medium and on the premises

used to give publicity to the standard in order to allow the intervention in the

process of possible counterstakeholders, which is admissible until the end of the

phase of the joints.

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4-In proceedings where there are counterstakeholders in number greater than ten, the

judge, without prejudice to other means of publicitation, may promote the

respects citation upon publication of notice, with the warning of

that those interested have the 15-day deadline to constitute themselves as

counterstakeholder in the process.

5-When it is in question the challenge of an administrative act that has

has been published, the publication of the advertisement mentioned in the preceding paragraph

make up, without prejudice to other means of advertise, by the medium and on the site

used to give publicity to the contested act, and, if the act has not been

object of publication, the announcement is published in two daily newspapers of

national or local circulation, depending on the scope of the subject matter.

6-In the hypothesis provided for in paragraph 4, the counterinterested parties that as such

have constituted are said to be contesting within the time specified in the

next article.

Article 82.

Period of dispute and comination

1-The respondent may contest within 30 days of the citation,

starting the deadline to run from the term of the dilation, when to this

there is place.

2-When, by mistake made in the initial petition, in the hypothesis provided for in paragraph 3

of Article 78, is cited a different organ than the one who practiced or owed

have issued the standard or the administrative act, the cited body shall give

immediate knowledge to the one that should have been, benefiting, in that

case, the respondent entity of a 15-day supplementary deadline for

present the contestation and send the administrative process, when it exists.

3-If a counterstakeout has not been provided, in good time, the

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consultation with administrative process, he can give knowledge of this to the

judge of the proceedings, and may, in that case, present the dispute at the time of

15 days, counted from the time when it comes to be notified that the

administrative process was joined to the autos.

4-Mediant duly reasoned request, is granted to the Ministry

Public extension of time, not more than 30 days, when it lacks

information that you cannot get inside of it or when you have to wait

response to query made the top instance.

5-[ Revoked ].

Article 83.

Content and statement of the dispute

1-In the contestation, deducted by articulated form, the respondent must:

a) Individualize the action;

b) Exposing the reasons of fact and law why they are opposed to the claim

of the author;

c) Exposing the essential facts on which the deductions deduced,

specifying them separately.

2-At the end of the contestation, the respondent must present the test rol-

munches, gather documents and apply for other means of proof.

3-All defence should be deducted in the contestation, excepted the incidents

that the law sends to deduct in separate, and the responds in it must take

position defined in the face of the facts that constitute the cause of invoking invocation

by the author.

4-Without prejudice to the provisions of Article 84 (6), the lack of impugation

specified in the actions relating to administrative acts and norms does not matter

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confession of the facts articulated by the author, but the court appreciates

freely this conduct for probatory effects.

5-After the contestation can only be deducted, the exceptions, incidents and

means of defence that are super-venient, or that the law expressly

admits past that moment, or that one should know officiously.

6-It shall apply to the contestation, with the necessary adaptations, the provisions of

n. paragraphs 1 and 2 of Article 79, being, as to the most, applicable the provisions of the law

civil procedural on the submission of the document proving the

payment of the rate of justice.

7-When the contestation is subscribed to by law graduate with duties

of legal support, pursuant to Art. 11, must be put together copy of the dispa-

cho who assigned it.

Article 84.

[...]

1-With the contestation, or within the respect of the term, the defendant entity is

thank you to proceed, preferably by way of electronica, to the sending of the

administrative process, when there is, as well as all too many

documents relating to the matter of the process of which it is a holder, being

that the computer system of the Administrative and Fiscal Courts must

guarantee the apensation of them to the autos.

2-When for technical reasons or for other reasons justifiable not to

possible the electronic sending, in the terms of the previous number, the entity

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respondent must refer to the Tribunal the originals of the proceedings

administrative and the remaining documents, which are attached to the autos.

3-When the administrative process finds itself already attached to other autos, the

demanded entity must give notice of the fact to the court, indicating

the one that autos refers to.

4-The original of the administrative process can be replaced by photocopies

authenticated and duly ordered, without prejudice to its requisition,

when this proves necessary.

5-In the absence of dispatch of the administrative process without acceptable justification,

may the judge determine the application of compulsory pecuniary penalties, in the

Terms of Article 169, without prejudice to the clearance of liability

civil, disciplinary and criminal to which there is place.

6-A lack of the sending of the administrative process shall not preclude further

of the cause and determines that the facts alleged by the author consider themselves

proven, if that lack has made the proof impossible or of

considerable difficulty.

7-[ Previous Article No 6 ].

Article 85.

[...]

1-At the time of the citation of the respondents, copy of the petition is provided and

of the documents that instructs it to the Public Prosecutor's Office, save in the proceedings

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in which this figure as an author.

2-In function of the elements that it can collate and those that come to be

Carried out for the process, the Public Prosecutor's Office can pronounce on the

merit of the cause, in defence of the fundamental rights of citizens, of

public interests especially relevant or from some of the values or

goods referred to in Article 9 (2).

3-In the challenging proceedings, the Public Prosecutor's Office can invoke causes of

misceling miscellines of those who have been argued in the initial petition and request

the realization of instructional representations for the respect proves.

4-The powers of intervention provided for in the preceding paragraphs may be

exercised up to 30 days after the notification of the joining of the proceedings

administrative to the autos or, not having this place, from the presentation of the last

contestation, of this being, immediately, notified the parties to if

pronounce.

5-Being used the faculty provided for in the final part of paragraph 3:

a) In case the required instructional representations should be carried out in

final hearing, pursuant to Rule 91 (1), the Ministry

Public is notified to intervene in them;

b) In case the required instructional representations should not be carried out

in final hearing, the Public Prosecutor's Office is notified to allege, in the

terms of article 91.

Article 86.

[...]

1-Constitutive, modiactive or extinguishing facts supervenient may

be deducted in new articulation, by the part to which they take advantage, up to the en-

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cerramento from the discussion.

2-[...].

3-[...].

4-[...].

5-The evidence is offered with the articulate and with the answer and the facts ar-

ticular who are interested in the decision of the cause are included in the subjects of the

proof.

6-[ Revoked ].

Article 87.

Pre-sander dispatch

1-Finds the joints, the process is conclusive to the judge, which, being the case,

profere presaner dispatch intended for:

a) Provide for the supply of dilatory exceptions;

b) Provide for the enhancement of the joints, in the terms of the

following numbers;

c) Determine the joining of documents with a view to allowing the assessment

of dilatory exceptions or the knowledge, in whole or in part, of the

merit of the cause in the saneador dispatch.

2-The judge invites the parties to suppress the irregularities of the joints, fixing

deadline for the supply or correction of the addiction, specifically when

lacking in legal requirements or the party there is no paper presented

essential or that the law will make the continuation of the cause conditional.

3-Incumbent still on the judge to invite the parties to the supply of the inadequacies

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or inaccuracies in the exhibition or concretization of the matter of fact alleged,

setting deadline for the presentation of articulation in which to complete or

fix the initially produced.

4-The facts object of clarification, addition, or correction become subject

to the general rules on adversity and proof.

5-The changes to the factual matter alleged may not imply convolution of the

object of the process to the diverse legal relationship of the contested, owing

conform to the limits drawn by the application and the cause of asking, if

are introduced by the author, and by the limits imposed by Article 83,

when they are by the defendant.

6-It is not up to appeal of the dispatch of invitation to the supply of irregularities,

insufficiencies or inaccuracies of the joints.

7-A lack of supply of dilatory or correction exceptions, within the

established deadline, of the deficiencies or irregularities of the initial petition

determines the absolvition of the instance.

8-A acquittal of the instance without prior issue of pre-sander dispatch, in

cases in which there could be place to the supply of dilatory exceptions or of

irregularities, does not prevent the author from, within 15 days, counted from the

notification of the decision, submit new petition, with observance of the

missing prescriptions, which it considers to be presented on the date on which it had

been the first, for the purposes of the timing of its presentation.

9-In all that is not expressly regulated in this article, applies,

with the necessary adaptations, the provisions of the Code of Civil Procedure in

pre-sander dispatch and initial process management matter.

Article 88.

Dispatch saneador

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1-The saneador dispatch is intended for:

a) Know of the dilatory exceptions and procedural nullities that hajam

been raised by the parties, or which, in the face of the constant elements

of the autos, the judge should officiously appreciate;

b) Knowing fully or partially of the merit of the cause, whenever the

question whether it is only in law or when, being also in fact, the

state of the process allow, with no need for further indagations, the

consideration of applications or any of the applications deducted, or from

some perentory exception.

2-The preconditions referred to in the a) of the previous number that no

have been appreciated in the sander dispatch cannot be aroused

nor decided at a later time of the process and those that are decided

in the saneador dispatch cannot come to be reappreciated.

3-The sander dispatch may be soon dictated to the minutes of the prior hearing but,

when it is not delivered in that context or when the complexity of the

matters to be resolved by demand, the judge may provide it in writing and, if it is case

of this, suspending the prior hearing and fixing it soon date to its

continuation.

4-In the case provided for in paragraph a ) of paragraph 1, the order constitutes, as soon as

transite, case formal trial and, in the hypothesis provided for in the b ), keeps having,

for all effects, the sentence value.

5-In all that is not expressly regulated in this article, applies,

with the necessary adaptations, the provisions of the Code of Civil Procedure in

dispatch matter saneador and initial management of the process.

Article 89.

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Exceptions

1-The exceptions are dilatory or perentory.

2-The dilatory exceptions are of officious knowledge and obstacles to the

court to know of the merit of the cause, giving way to the acquittion of the instance

or to the shipment of the proceeding to another court.

3-Perentory exceptions consist in the invocation of facts that prevent,

they modify or extinguish the legal effect of the facts articulated by the author,

are of officiating knowledge when the law does not make your own

invocation of the will of the person concerned and import the total acquitus or

partial of the order.

4-Are dilatory, among others, the following exceptions:

a) Incompetence of the court;

b) Nullity of the whole process;

c) Lack of personality or judicial capacity of some of the

parts;

d) Lack of authorization or deliberation that the author should obtain;

e) Illegitimacy of some of the parties, specifically because of lack of

identification of the counter-stakeholders;

f) Coalition of authors or respondent, when among non-applications

there is the connection required in Article 12.

g) Subsidiary subjective plurality, save case of grounded doubt

about the subject of the contested relationship;

h) Lack of constitution of lawyer or legal representative by party

of the author and the lack, insufficiency or irregularity of judicial mandate

on the part of the representative who proposed the action;

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i) Unimpugability of the contested act;

j) Illegality of the cumulation of pretension;

k) Intempestivity of the practice of the procedural act;

l) Litispendency and trial case.

Article 90.

Instruction and parcelar decision of the cause

1-A The instruction has per object the facts relevant to the examination and decision of the

cause that they should consider themselves controversial or in need of proof.

2-A instruction shall be governed by the provisions of civil procedural law, being admissible

all means of proof in it provided for.

3-Within the framework of the instruction, the judge or rapporteur orders the evidence to be made that

consider necessary for the clearance of the truth, and may dismiss, by

reasoned order, requirements directed at the production of proof

on certain facts or refuse the use of certain means of proof, when

the consider it clearly unnecessary.

4-When founded applications have been cumulated in the recognition, the

main title, of the illegality of administrative conduct and complexity

of the appreciation of these requests justifies it, the court may anticipate the

decision of the main application in relation to the instruction concerning the application or

cumulated applications, which will only take place if the provenance of these requests

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not be impaired by the decision made as to the main request.

Article 91.

Final hearing

1-There is place for final hearing when there is provision of

testimonials from part, witness reporting or provision of

verbal clarifications by the experts.

2-Unless in higher court, the hearing stems before a single judge and rege-

if by the principles of the fullness of the assistance of the judge and the advertising and

continuity of the hearing, according to the provisions of civil procedural law,

enjoying the judge of all the powers necessary to make it useful and brief to

discussion and to ensure the just decision of the cause.

3-At the beginning of the hearing, the judge seeks to reconcile the parties, if the cause is

within the scope of their power of disposition, fining what the following are carried out

acts, if to them there is place:

a) Provision of the affidavits of part;

b) Display of cinematographic reproductions or phonograph records-

cos, may the judge determine that she does herself only with assistance

of the parties, their lawyers and the persons whose presence is showed

convenient;

c) Verbal clarifications of the experts whose comparisons have been of-

terminated officiously or by the application of the parties;

d) Surveyor of the witnesses;

e) Oral allegations, in which the lawyers expose the findings, of

fact and law, which hajam extracted from the evidence produced, and may

each lawyer replicate one time.

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4-The judge may, in cases where this is warranted, change the order of production

of proof referred to in the preceding paragraph and, when it considers it convenient

for the discovery of the truth, determine the hearing simultaneously, about

certain facts, from witnesses of both parties.

5-When the complexity of the matter justifies it or any of the parties do not

prescinda of his presentation, the judge, at the end of the hearing, determines that

the allegations provided for in the paragraph e) of paragraph 3 are submitted in writing

by the simultaneous period of 20 days.

6-[ Revoked ].

Article 92.

[...]

1-In the upper courts, once the procedure is conclusive to the rapporteur, it takes place

the simultaneous view to the judges-adjoining, which, in the case of evident simplicity

of the cause, it can be waived by the rapporteur.

2-[...].

Article 93.

Trial in extended training and prejudicial consultation for the Supreme Court

Administrative

1-When the appreciation of a circle administrative court place

a matter of new law that arouse serious difficulties and may come into being

raised in other disputes, may the president's respect, by proposal of the judge

of the cause, adopt one of the following arrangements:

a) Determine that in the trial intervene all the judges of the

court, being the quorum of two thirds and there is place for application

of the provisions of the previous article;

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b) Submit your appreciation to the Supreme Administrative Court, to

that this issue binding pronunciation within the process on the

question, within three months.

2-A consultation provided for in the b) from the previous number cannot take place at

urgent proceedings and can be liminally refused, on a definite basis,

when a training consisting of three judges from among the oldest

of the section of administrative litigation of the Supreme Court

Administrative consider that they are not filled in the respects

assumptions or that the scant relevance of the issue does not justify the issuance

of a pronunciation.

3-A pronunciation issued by the Supreme Administrative Court does not bind it

relatively to new pronunciations, which, in consultation or on the way of

resource, come to issue in the future, on the same matter, outside the scope

of the same process.

4-[ Revoked ].

Article 94.

Content of the sentence

1-Ended the final hearing or submitted the written allegations or

elapsed the duration of the term, when that presentation there is place, the

process is conclusive to the judge, to be handed down sentence within 30 days.

2-A The sentence begins by identifying the parties and the object of the litigation,

stating the issues of merit that the court complies with, to the

which follows the exposure of the grounds of fact and law, the decision and

the conviction of those responsible for the procedural expense, with an indication of the

proportion of the respectful responsibility.

3-In the exposition of the fundamentals, the sentence should discriminate against the facts that

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julga proved and unproven, critically analyzing the evidence, and indicate,

interpret and apply the corresponding legal standards.

4-The judge freely appreciates the evidence according to his prudent conviction

about every fact, reaped the facts for whose proof the law requires

special formality and those that can only be proved by documents

or that they are fully proved, either by documents or by

agreement or confession of the parties.

5-[ Previous Article No 3 ].

Article 95.

[...]

1-A The sentence must decide all matters that the parties have submitted to the

your appreciation and you cannot occupy yourself otherwise than the issues raised, save

when the law allows him or her to impose the officious knowledge of others.

2-A sentence cannot convict in higher quantity or in object

diverse than to ask for, but, if there are no elements to fix the object

or quantity, the court condemns in whatever comes to be liquidated, without

loss of immediate conviction in the part that is already liquid.

3-[ Previous Article No 2 ].

4-In the sentences that convict the issuance of administrative acts or standards

or impose the fulfillment of other types of duties to the Administration,

the court has the power to officiously set a deadline for the respectful

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compliance, which, in justified cases, may be extended, as well as,

when this is warranted, the power to impose compulsory pecuniary penalty,

intended to prevent non-compliance, according to the provisions of Article 169.

5-When in the process it has been deducted application for conviction of the

Administration to the adoption of legal acts or behaviors that

involve the formulation of own valuations of the exercise of the function

administrative, without the appreciation of the concrete case allows to identify

only an acting as legally possible, the court cannot

determine the content of the legal act or the behavior to be adopted, but

should explain the linkings to be observed by the Administration.

6-When, in the hypothesis provided for in the preceding paragraph, the normative framework

allow the court to specify the contents of the acts and operations to be adopted,

but of the instruction carried out do not result in sufficient fact elements for

proceed to that specification, the court notifies the Administration for

present, within 20 days, reasoned proposal on the matter and

listens next to the remaining actors in the process, and may order the

supplementary representations it deems necessary before prowounding the

sentence.

7-[ Previous Article No 6 .]

Article 96.

[...]

In the upper courts, when it cannot be laundered judgment in the session at

that the process be judged, the result is annotated, dated and signed by the

winning judges and losers and the judge taking the judgment gets the case

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to whitewash the respectful decision that, with no embargo of the result being soon

published, will be read in conference in the following session and there date and signed

by the judges who in it have intervenor, if they are present.

Article 97.

[...]

1-Register by the provisions of this Chapter and, in what with it not

litigation, by the provisions of Chapters II and III of Title II:

a) The litigation of the administrative acts in electoral matters of the

competence of the administrative courts;

b) The litigation of the administrative acts practiced in the framework of

mass procedures, with the scope set out in section II;

c) The litigation of the acts relating to the formation of the planned contracts

in section III.

2-[ Revoked ].

Article 98.

Electoral litigation

1-The processes of electoral litigation are of full jurisdiction and may be

intentioned by whom, in the election concerned, be elector or eligible or, how much

to the omission in the notebooks or electoral lists, also by the persons whose ins-

cription there has been omitted.

2-[...].

3-In proceedings covered by the electoral litigation, the absence of backlash

against the acts pertaining to the exclusion, inclusion or omission of voters or

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eligible in the electoral rolls, and too much acts with external effectiveness

previous to the electoral act, as well as of each electoral act adopted in the

scope of threaded procedures prevents the person concerned from reacting against

subsequent decisions on the grounds of illegalities of which

nursing the previously practiced acts.

4-The deadlines to be observed during the proceeding of the proceedings are as follows:

a) Five days for the contestation;

b) Five days for the decision of the judge or the rapporteur, or for this submit

the process to trial;

c) Three days for the remaining cases.

5-In proceedings of the higher court competence, when the proceedings do not

be decided by the rapporteur, is judged, regardless of visas, in the

first session that takes place after the dispatch referred to in para. b ) from the

previous number.

Article 99.

Litigation of the mass procedures

1-For the purposes of the provisions of this section, and without prejudice to others

cases provided for in special law, the litigation of administrative acts

practiced in the framework of mass procedures comprises the actions

relating to the practice or omission of administrative acts in the framework of

procedures with more than 50 participants, in the following areas:

a) Competitions of staff;

b) Procedures for the conduct of evidence;

c) Procedures for recruitment.

2-Unless otherwise lawful provision, the term of purposeful of the shares to which

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refers to this article is for one month and the shares are to be proposed in the

court of the headquarters of the defendant entity.

3-The model to which they must obey the joints is established by portaria

of the member of the Government responsible for the area of justice.

4-When, by reference to the same procedure, be proposed

different actions in relation to which the assumptions of

admissibility provided for the coalition and the cumulation of applications, the

respects processes are the object of binding apensation to the one that has

been intentioned in the first place, the provisions of Article 28, according to the provisions of Article 28.

5-The deadlines to be observed during the proceeding of the proceedings are as follows:

a) 20 days for the contestation;

b) 30 days for the decision of the judge or the rapporteur, or for the order of this

to submit the process to trial;

c) 10 days for the remaining cases.

6-In proceedings of the higher court competence, when it is not

decided by the rapporteur, the process is judged, regardless of visas, in the

first session that takes place after the dispatch referred to in para. b ) from the

previous number.

Article 100.

[...]

1-For the purposes of the provisions of this section, pre-contractual litigation

understands the actions of impugning or sentencing to the practice of acts

administrative relating to the formation of works contracts

public, for the granting of public works, for granting public services,

of acquisition or leasing of movable property and purchase of services.

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2-For the purposes of the provisions of this section, acts shall be considered

administrative the acts practiced by any contracting authorities to the

shelter of public procurement rules.

3-[ Revoked ].

Article 101.

[...]

The proceedings of the pre-contractual litigation shall be brought in the period of

one month, by any person or entity with legitimacy in the general terms,

being applicable to the counting of the term the provisions of Article 58 (3) and in the

articles 59 and 60.

Article 102.

[...]

1-The proceedings of the pre-contractual litigation comply with the tramway

set out in Chapter III of Title II, save the precept in the numbers

following.

2-[...].

3-[...].

4-[...].

5-When you consider it advisable to the quickest clarification of the

matter, the court may, officiously or at the application of any of the

parties, opt for the holding of a public hearing for discussion of the

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matter of fact and law.

6-Within the scope of pre-contractual litigation, there is room for the application of the willing

in Articles 45 and 45-A., when they fulfil the assumptions made.

7-The provisions of the preceding paragraph shall also apply in the situations in which,

having been cumulated with respect to the invalidity of contract by

violation of the rules on the respect of the training procedure, the

court proceed, under the provisions of the substantive law, to the estrangement

of such unvalidity as a result of the weighting of public interests and

private in presence.

Article 103.

Challenge of the conformer documents of the procedure

1-Register by the provisions of this Article and in the previous article, the

processes addressed to the declaration of illegality of provisions contained in the

program of the contest, in the book of charges or any other

conformer document of the contract formation procedure,

specifically on the grounds of the illegality of the technical specifications,

economic or financial that they build from these documents.

2-The application for declaration of illegality can be deducted by whom

participate in or have an interest in participating in the procedure in question,

may be cumulated with the application for an administrative act challenge

of the application of the determinations contained in the said documents.

3-The application for declaration of illegality can be deducted during the

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pendency of the procedure to which the documents in issue relate, without

prejudice to the burden of the autonomous challenge of the respective acts of

application.

4-The provisions of this Article shall be without prejudice to the possibility of the imputation,

in the general terms, of the regulations that have per conformal object

more than a contract formation procedure.

Article 104.

Object

1-When no full satisfaction is given to applications formulated in the financial year

of the right to the proceduran information or the right of access to archives

and administrative records, the person concerned may apply for the corresponding

subpoena, in the terms and with the effects set out in this section.

2-[...].

Article 105.

Assumptions

1-A The subpoena shall be required against the collective person of public law, the

ministry or the regional office whose organs are competent for

provide the information or consultation, or pass the certificate.

2-When the person concerned makes it worth the right to the procedurum information or the

right of access to files and administrative records, the subpoena shall

be required within 20 days, from the verification of any of the

following facts:

a) Course of the legally established period, without the entity

requested to satisfy the request that has been directed to it;

b) Rejection of the application;

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c) Partial satisfaction of the application.

Article 107.

[...]

1-Deducted the request for subpoena, the secretion officiously promotes the

citation of the respondent entity and the counter-stakeholders to respond in the

period of 10 days.

2-Presented the response or elapsed of the respective term and completed the

moves that show necessary, the judge proffers decision within the

five days.

Article 110.

Preliminary injunction and subsequent tramway

1-Once distributed, the process is conclusive to the judge with the utmost urgency,

for preliminary injunction, to be delivered within a maximum of 48 hours, in which,

being the petition admitted, is ordered to cite the other party for

reply within seven days.

2-When the complexity of the matter justifies it, it may the judge determine that

the process follows the springboard set out in Chapter III of Title II, being,

in that case, the deadlines reduced by half.

3-In situations of special urgency, in which the petition allows to recognize the

possibility of imminent and irreversible injury of the right, freedom or

warranty, the judge may opt, in the liminal order, by:

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a) To reduce the time limit provided for in paragraph 1 for the response of the respondent;

b) To promote the hearing of the respondent through any means of

communication that proves to be appropriate;

c) To promote the realization, within 48 hours, of an oral hearing,

on the expiry of which the decision is made immediately.

4-[ Revoked ].

5-[ Revoked ].

Article 111.

Decision and its effects

1-Without prejudice to the provisions of the paragraph c ) of Article 110 (3), the judge shall decide

the process within the time required to ensure the useful effect of the decision, the

which cannot be more than five days after the realization of the representations that

show themselves necessary to the making of the decision.

2-In the decision, the judge determines the concrete behavior to be adopted and, being

case of this, the deadline for compliance and the person responsible for it.

3-[...].

4-The non-compliance of the subpoena subject to the particular or the holder of the res-organ

pointless to the payment of compulsory pecuniary penalty, to be fixed by the judge

in the subpoena decision or in subsequent dispatch, the provisions of the

article 169, without prejudice to the clearance of civil liability,

discipline and criminal to which there is place.

Article 112.

[...]

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118

1-[...].

2-The cautionary arrangements are governed by the tramway and are adopted second

the criteria set out in this Title, and may consist of

in:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) Arrest;

g) New labor embargo;

h) Arroam;

i) Subpoena for adoption or abstention of a conduct by the

Administration or of a particular for alleged violation or founded

fear of violation of national administrative law or the right of

European Union.

Article 113.

[...]

1-[...].

2-[...].

3-[...].

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4-In the pendency of the cautionary process, the applicant may proceed to

replacement or extension of the application, on the grounds of amendment

supervenient of the assumptions of fact or law, with offer

of new means of proof, so that the judge can meet the evolution

occurred to grant adequate providence to the existing situation in the

moment in which it is pronounced.

5-When assuming the position of author in a main process, pursuant to the

article 62, the Public Prosecutor's Office may apply for the following of possible

cautionary process, which, with respect to that process, is pending,

on it taking also the position of applicant.

Article 114.

Cautionary requirement

1-[...].

2-[...].

3-[...]:

a) [...];

b) [...];

c) [...];

d) State the identity and residence of the counterinterested persons to whom the

adoption of the cautionary providence can directly harm;

e) [...];

f) [...];

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g) [...];

h) [...];

i) [...];

j) State the value of the cause.

4-In the cautionary application, the person concerned may ask that the citation be

urgent, in the terms and for the effects set out in the civil procedural law, and that,

in the liminal order, the judge will proceed to the provisional decrement of the

providence, according to the provisions of Article 131.

5-In the absence of the indication of any of the elements set out in paragraph 3, the

interested is notified to suppress the lack within five days.

6-[ Previous Article No 5 ].

Article 115.

[...]

1-[...].

2-[...].

3-If the certificate is not passed, the person concerned, in the cautionary application, joins

proof that it required it, indicates the identity and residence of the

counterinterested persons who know and require the judicial subpoena of the entity

demanded to provide the court with the identity and residence of the

counterinterested in foul.

4-In the case provided for in the preceding paragraph, when there is no basis for

preliminary rejection of the cautionary requirement, the judge, within two days,

intima the authority required to refer, also within two days, to

certificate requested, fixing compulsory pecuniary penalty, the provisions of

in Article 169.

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5-The default by the demand entity of the subpoena referred to in the

previous number without proper justification is constitutive of

liability, in the terms provided for in Article 159.

Article 116.

[...]

1-Once distributed, the process is conclusive to the judge with the utmost urgency,

for preliminary injunction, to be delivered within a maximum of 48 hours, in which,

being the application admitted, is ordered the citation of the required entity

and of the counter-stakeholders.

2-Constituting grounds of liminal rejection of the application:

a) [...];

b) [...];

c) [...];

d) The manifest lack of foundation of the claim formulated;

e) The manifest disneed of the cautionary tutelage;

f) The manifest absence of the procedural assumptions of the main action.

3-[...].

4-A rejection with the fundamentals indicated in the ( b ), d ) and and ) of paragraph 2 no

obstinates the possibility of the submission of new application with

different or overdue fundamentals in relation to the invocations in the

previous application.

5-The judge, officiously or at the request deducted in the cautionary application, may,

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in the liminal dispatch, provisionally decreeing the required providence or

the one that judges the most appropriate, according to the provisions of Article 131.

Article 117.

Citation

1-[...].

2-A The situation provided for in Article 115 (3) shall not preclude the citation of the entity

required and from the counter-stakeholders whose identity and residence meet

indicated in the cautionary requirement, being the remaining counterinterested

only quoted if the response of the required entity comes to allow.

3-Uncertain counterstakeholders or unknown residence are cited

by announcement to be issued by the registry office and that the applicant should make publishing

in two daily newspapers of national or local circulation, depending on the

scope of the matter in question, inviting them to intervene to the limit of the time limit

of paragraph 6.

4-[...].

5-[...].

6-[...].

Article 118.

[...]

1-Join the oppositions or elapsed the respective term, the process is conclusive

to the judge, there may be place the production of proof, when the latter considers it

necessary.

2-[ Previous Article No 1 ].

3-The judge may order the proofs of evidence to be deemed necessary, not

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being admissible the expert proof.

4-The applicant may not offer more than five witnesses for proof of the

fundamentals of the cautionary claim, applying the same limitation to the

required to deduct the same opposition.

5-Mediant order reasoned, the judge may refuse the use of means

of proof when it considers assents or irrelevant the facts about which

they relapse or when they understand that the same are manifestly

dilators.

6-The witnesses offered are presented by the parties on the day and on the spot

assigned to the respondent, there is no deferral for lack of the

witnesses or the mandators.

7-Without prejudice to the provisions of the preceding paragraph, and being the party

unable to present certain witness, may require the court to

your convocation.

Article 119.

[...]

1-The judge proffers decision within five days counted from the date of

presentation of the last opposition or the course of the term of the term, or of the

production of proof, when this one has taken place.

2-The president of the court may determine, by proposal of the judge of the

process, that the matter be decided at a three-judge conference.

3-[ Previous n. 2. ]

Article 120.

[...]

1-Without prejudice to the provisions of the following numbers, the cautionary measures

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are adopted when there is founded fear of the constitution of a situation of

fact consumed or from the production of difficult damage repair for the

interests that the applicant aims to ensure in the main process and be

likely that the pretension formulated or to formulate in that process will come into being

adjudicated proceeded.

2-In the situations provided for in the preceding paragraph, the adoption of providence or of the

providences are refused when, duly weighted the interests

public and private in attendance, the damage that would result from their being granted

show yourself superior to those who can result from your refusal, without which

may be avoided or mitigated by the adoption of other arrangements.

3-The cautionary measures to be adopted shall be limited to the necessary for

prevent the injury of the interests championed by the applicant, and the court,

listened to the parties, adopt another or other arrangements, in cumulation or

in replacement of that or those that have been concretely

required, when such if it proves appropriate to avoid the injury of those interests and

be less gravy for the remaining public or private interests, in

presence.

4-[...].

5-[...].

6-[...].

Article 121.

[...]

1-When, existing main process already intended, check that they were

brought to the cautionary process all the necessary elements for the purpose and

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the simplicity of the case or the urgency in its definitive resolution justifies it,

the court can, heard the parties by the 10-day deadline, bring forward the judgment

on the root cause, prowling decision that will constitute the final decision

of that process.

2-The appeal of the final decision of the main process, delivered under the terms of the

previous number, has merely devolutive effect.

Article 122.

[...]

1-A decision on the adoption of cautionary providences determines notification

with urgency to the parties for immediate compliance and, when it is case

of this, to the other people and entities that should give you fulfillment.

2-[...].

3-[...].

Article 123.

[...]

1-The cautionary processes extinguish themselves and, when enacted, the providences

cautionary caucuses:

a) [...];

b) [...];

c) [Previous point d )];

d) [Previous point and )];

e) If the transit in trial of the decision is to be brought to the end of the

principal process, in the case of being unfavourable to the applicant;

f) If final term occurs or if it fulfils a resolute condition to which the

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cautionary providence to be subject;

g) [ Repealed ].

2-When the tutelage of interests to which the cautionary providence is intended to be

ensured by litigation not subject to deadline, the applicant shall, to

effects of point a ) of the previous number, use this via within 90 days,

relied on since the transit on trial of the decision.

3-A The extinction of the cautionary process or the expiry of the providence is

recognized by the court, officiously or at the reasoned request of

any interested, upon prior hearing of the parties.

4-[...].

5-[...].

Article 124.

[...]

1-A The decision to adopt or refuse the adoption of cautionary providences, since

that carried on trial, may be revoked or amended, officiously or

upon application, on the grounds of alteration of the assumptions of

fact and of initially existing law.

2-[...].

3-[...].

Article 126.

Abusive use of cautionary providence

1-Without prejudice to the possibility of application by the judge of the sanctionatory rate

excecional, provided for in Article 531 of the Code of Civil Procedure, the

applicant responds for damages that, with dolo or gross negligence,

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has caused the respondent and the counter-stakeholders.

2-[...].

3-[...].

Article 127.

[...]

1-A The enforcement of the cautionary decision runs in the autos themselves of the

cautionary process, under the forms provided for in this Code for prosecutions

executives, or in the forms provided for in civil procedural law, when if

handle an execution against private individuals, by sensing the scheme of the

urgent processes.

2-[...].

3-[...].

Article 130.

[...]

1-[...].

2-The Public Prosecutor's Office and the persons and entities referred to in Article 9 (2).

may ask for suspension, with general mandatory force, of the effects of

any standard in respect of which they have deducted or have been biding

deduce request for declaration of illegality with general mandatory force.

3-[ Revoked ].

4-[...].

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Article 131.

[...]

1-When it acknowledges the existence of a situation of particular urgency,

liable to give cause to a situation of fact consumed in the pendency of the

process, the judge, in the liminal order, may, at the request of the applicant or the

officiating title, provisionally decreeing the required providence or that

which judges more appropriate, without further considerations, within 48 hours,

following the cautionary process the subsequent terms of the articles 117 and

following.

2-Interim decrement can also take place during the pendency of the

cautionary process, on the grounds of supervenient alteration of the

assumptions of fact or law.

3-When the circumstances impose that the provisional decrement is

preceded by the hearing of the respondent, this can be carried out by any

means of communication that proves to be appropriate.

4-The interim decrement is not liable to challenge.

5-Interim decrement is hereby notified immediately to persons and entities

that they should comply with, being applicable, in the event of default, the

provisions of paragraphs 4 a to 6 of Article 128, with the adaptations that show

necessary.

6-Mediant duly substantiated application, those required, during

pendency of the cautionary process, may request the waiver or the

amendment of the provisionally decreed providence, the application being

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decided by application of Article 120 (2), after hearing the

applicant by the time limit of five days and produced proof that the judge con-

sidere required.

7-Decisions handed down under the preceding paragraph are liable to

impugation in the general terms.

Article 132.

Cautionary processes concerning contract formation procedures

1-The cautionary processes concerning the formation procedures of

contracts not covered by the scheme for Articles 100 to 103-B, directed

specifically to obtain the suspension of the effectiveness of acts practiced in the

scope of the procedure, the suspension of the procedure itself and the

prohibition of the celebration or execution of the contract, shall be governed by the present

Title, with caveat of the provisions in the following numbers.

2-The cautionary requirement shall be instructed with all the elements of

proof.

3-[ Previous n. 5. ]

4-A The provision of providence depends on the probability judgment of the court

as to whether, weighted the vested interests of being injured, the

damage that would result from the adoption of providence if it flies superior to the

damage that may result from your non-adoption, without such an injury being able to be

avoided or mitigated by the adoption of other arrangements.

5-When, in the cautionary process, the judge considers demonstrating the illegality of

specifications contained in the conformer documents of the procedure

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which was invoked as the foundation of the main process, may determine

your immediate correction, deciding, in that way, the merit of the cause, second

the provisions of Article 121.

6-[ Revoked ].

7-[ Revoked ].

Article 135.

Applicable law

1-The processes of conflict between courts of administrative and tax jurisdiction

or between administrative bodies are governed by the proper precepts of the action

administrative, with the following specialties, being, as to the more,

applicable, with the necessary adaptations, the provisions of civil procedural law:

a) The deadlines are reduced to half;

b) The author of the first act is called to the process at the stage of the response

of the respondent entity and at the same time limit to pronounce;

c) It is only admitted documentary proof;

d) No claims are admissible;

e) Of the sentence is not up to any appeal.

2-[ Revoked ].

Article 140.

Species of resources and applicable regime

1-The appeals of decisions rendered by the administrative courts are

ordinary or extraordinary, being ordinary the appellation and the magazine and

extraordinary the resource for uniformity of jurisprudence and the revision.

2-There is only magazine feature for the Supreme Administrative Court in the

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cases and terms provided for in the following chapter.

3-The appeals of decisions rendered by the administrative courts govern-

if by the provisions of civil procedural law, save the provisions of this Title.

Article 141.

[...]

1-[...].

2-[...].

3-[...].

4-May still appeal the decisions of the administrative courts who are

direct and effectively harmed by them, yet it is not party to the cause

or be only part accessory.

Article 142.

[...]

1-The appeal of decisions which, in the first degree of jurisdiction, have

known of the merit of the cause is admitted to the processes of higher value to the

stretch of the court from which to resort, when the impugned decision is

unfavorable to the appellant in excess of half of the alk of that

court, attending, in the event of the founded doubt about the value of the

succumbing, only to the value of the cause.

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2-[...].

3-In addition to the cases provided for in the civil procedural law, it is always admissible

resource, regardless of the value of the cause and succumin, of the

decisions:

a) [...];

b) [...];

c) [...];

d) [...].

4-[ Revoked ].

5-Decisions handed down in interlocutory dispatch may be challenged

in the appeal that comes to be interposed from the final decision, except in cases in

which is admitted to autonomous appeal under the civil procedural law.

Article 143.

[...]

1-Unless otherwise prepared in special law, the ordinary resources have suspensive effect

of the decision resorts to.

2-In addition to others to which the law acknowledges such an effect, they are merely

returns the interposed features of:

a) Subpoenas for protection of rights, freedoms and guarantees;

b) Decisions relating to interlocutory and respect-related proceedings;

c) Decisions rendered by anticipation of judgment on the root cause

in the framework of cautionary procedures, pursuant to Rule 121.

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3-When the suspension of the effects of the sentence is liable to originate

situations of a fait accompli or the production of difficult damage

repair for the winning part or for the interests, public or

private, by it pursued, the appellant, in the application for

resource interposition, may require that the resource be assigned effect

merely devolutive.

4-[...].

5-[...].

Article 144.

[...]

1-[...].

2-The appeal is interposed upon motion addressed to the court that

delivered the decision, which includes or joins the allegation allegation and in which they are

set out the vices charged with the decision and formulated conclusions.

3-Received the application, the office shall officiously promote the notification

of the defendant or defendant to claim in the 30-day time frame.

4-If the appeal has by object the reexamination of the recorded proof, at the time of

interposition and response addition 10 days.

Article 145.

Dispatch on the application

1-Finds the deadlines granted to the parties, the judge or rapporteur appreciates the

applications submitted and pronounces on the defendants ' defendants and the

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requests for reform, ordering the rise of the appeal if the such nothing obstinates.

2-The application is undue when:

a) If you understand that the decision does not admit appeal, that this has been interposed

out of the deadline or that the applicant does not have the necessary conditions

to appeal;

b) Do not contain or bring together the appellant's claim or when this does not

has conclusions, without prejudice to the provisions of Article 146 (4).

3-From the order of the judge or reporter who does not admit the appeal may the appellant

complain, under the provisions of civil procedural law, to the court that it would be

competent for him to know.

4-From the dispatch of the rapporteur who does not receive the intersted decision appeal of the

Section of administrative litigation of the Supreme Administrative Court

for the Plene of the same Court, or retains it, it is up to the claim

conference and of the decision of this there is no appeal.

Article 149.

[...]

1-[...].

2-[ Previous n. 3. ]

3-[ Previous n. 4. ]

4-In the situations provided for in the preceding paragraphs, there is place, in the court

superior, to the production of the proof which, heard the parties by the time frame of five

days, is deemed necessary, being applicable to the ordered representations, with the

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necessary adaptations, the willing as to the instruction, discussion, allegations and

trial in the first instance.

5-In the situation provided for in the preceding paragraph, the rapporteur, before he is handed down

decision, listens to the parties for the period of 10 days.

Article 150.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-In the journal of award decision or refusal of cautionary providence, the

Supreme Administrative Court, when it does not confirm the judgment

resorted to, I replaced it upon decision that decides the contested issue,

applying the criteria for the allocation of the cautionary measures by

reference to the matter of fact fixed in the instances.

6-A decision as to whether, in the concrete case, they fill in the

assumptions of paragraph 1 compete with the Supreme Administrative Court,

owing to the object of summary preliminary appreciation, the post of a

training consisting of three judges from among the oldest in the Section of

Administrative Litigation.

Article 151.

[...]

1-The interposed appeals of merit decisions rendered by courts

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circle administrative are the competence of the Supreme Court

Administrative when the parties, in the allegations, suss out only questions

of law and the value of the cause is greater than 500,000 or is undetermined,

in particular in the processes of declaration of illegality of standard or of

declaration of illegality by omission of norm.

2-The provisions of the preceding paragraph shall not apply to proceedings relating to acts

administrative or related to public employment matters

but public or private of social protection.

3-The resources provided for in paragraph 1 are judged as revised, sensing them

applicable in the provisions of paragraphs 2 a to 4 of the preceding Article.

4-If, referred to the case to the Supreme Administrative Court, the rapporteur

understand that the issues raised surpass the scope of the magazine,

determines, upon final decision, that the case will drop to the Court

Central Administrative, for the appeal there to be tried as an appeal,

with application of the provisions of Article 149.

5-[ Previous Article No 4 ].

Article 152.

[...]

1-[...].

2-A The appeal petition is accompanied by allegation in which to identify, from

precise and circumstantial shape, the identity aspets that determine the

alleged contradiction and the infraction charged to the judgment under appeal.

3-[...].

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4-[...].

5-A The decision of provement issued by the top court does not affect any

decision prior to the one that was impugned, nor the situations

legal to their constituted shelter.

6-A The decision that checks the existence of the alleged contradiction anuls the judgment

resorted to and substituted it, deciding the contested issue.

Article 157.

[...]

1-[...].

2-The routes of execution provided for in this Title may also be

used to obtain the execution of unimpeachable administrative acts to which

the Administration does not give due execution, for whom it may make it worth a

pretension directed at the execution of these acts.

3-Without prejudice to the provisions of special law, the precept in the preceding paragraph

is, specifically, applicable to obtain the issuance of sentence that produces

the effects of alvshall illegally refused or omitted.

4-The routes of implementation provided for in this Title may be further used

to obtain the execution of any other executive title liable to be

triggered against a collective person of public law, a ministry or

a regional office, but, when it concerns executive titles

issued outside the scope of administrative legal relations, the implementation

runs terms in the court courts.

5-The executions against individuals of the sentences handed down by the courts

administrative, as well as of the remaining executive titles produced in the

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scope of legal-administrative relations that are lacking in execution

jurisdictional, run in the administrative courts, but, in the absence

of special legislation, they are governed by the provisions of civil procedural law.

Article 159.

[...]

1-[...].

2-A inexecution also constitutes a crime of qualified disobedience, without

Injury to another procedure especially fixed in law, when, having

the Administration has been notified for the purpose, the administrative body

competent:

a) [...];

b) [...].

Article 161.

[...]

1-The effects of a sentence transitioned on trial that has overturned or

declared void an unfavorable administrative act, or recognized to

entitlements of a favourable legal situation to one or several persons,

may be extended to other persons who, whether they have resorted to or not to the

via contentious, have been the object of administrative act with identical

content or find themselves placed in the same legal situation, provided that,

as for these, there is no sentence carried forward on trial.

2-The provisions of the preceding paragraph are worth only for situations where there are

several perfectly identical cases, particularly in the field of

public employment and in regard to competitions, and only when they fill in

cumulatively the following assumptions:

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a) Have been handed down by higher courts, in the same sense,

five sentences carried forward on trial or, existing situations of

mass processes, in that sense to have been decided in three

cases, by sentence transitioned on trial, the selected processes

according to the provisions of Article 48;

b) Not to have been given superior number of sentences, too

transitioned on trial, in a sense contrary to that of the sentences

referred to in the preceding paragraph, nor are the said sentences

contrary to the doctrine founded by the Supreme Administrative Court

in appeal for uniformity of jurisprudence.

3-For the purpose of the provisions of paragraph 1, the person concerned shall submit, on the deadline

of one year, counted from the date on which the sentence was handed down, a

motion addressed to the public entity which, in that process, has been

demanded.

4-[...].

5-[...].

6-[...].

Article 162.

[...]

1-If another time limit is not by themselves fixed, the judgments of the courts

administrative that convictions the Administration for the provision of facts or the

delivery of things must be spontaneously performed by the very

Administration, at most, within the 90-day procedure deadline, save ocor-

legitimate cause rency of inexecution, the provisions of the article

next.

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2-[...].

Article 163.

[...]

1-Only constitute legitimate cause of inexecution the absolute impossibility and the

excecional injury to the public interest in the execution of the sentence.

2-[...].

3-[...].

Article 164.

[...]

1-When the Administration does not give spontaneous execution to the sentence on time

set out in Article 162 (1), the person concerned and the Public Prosecutor's Office,

when it has been author in the process or is concerned the values

referred to in Article 9 (2), they may ask for their respect to be complied with

court that has handed down the sentence in the first degree of jurisdiction.

2-In case another solution does not result from special law, the enforcement petition, which is

upended by apenso to the autos in which the decision was made exequcendum,

must be submitted within one year, counted since the term of the deadline

of Article 162 (1) or of the notification of the invocation of legitimate cause of

inexecution.

3-[...].

4-[...].

5-[...].

6-[...].

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Article 169.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-Within the scope of liquidation, the holder of the organ may deduct opposition with

foundation in the existence of causes of justification or excusing of the

conduct.

7-The importances that result from the application of financial penalty compulsion-

ria constitute revenue consigned to the annual allocation, entered into the order of the Con-

Superior sealing of the Administrative and Fiscal Courts, referred to

n Article 172 (3).

Article 170.

[...]

1-If another time limit is not by themselves fixed, the judgments of the courts

administrative that convictions the Administration of the payment of amount

certain should be spontaneously performed by the Administration itself,

at most, within the 30-day procedure deadline.

2-Should the Administration not give execution to the sentence on the deadline set in the

previous number, has the person concerned of the one-year term to ask for the

respects enforcement to the competent court, and may, for the purpose of it, request:

a) [...];

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b) The execution of its credit, pursuant to paragraphs 3 and following of the

article 172.

Article 171.

[...]

1-[...].

2-The receipt of the opposition suspending the execution, the enforceof being the enforceable

notified to respond within 10 days.

3-Join the replica of the exequent or expired the respected term without it

has expressed its concordance with the opposition deducted by the

Administration, the court orders the instructional representations it deems

necessary, fining what follows the opening of simultaneous view to the

judge-adjoining, should it treat yourself to high school court.

4-A The opposition is decided within 20 days.

5-A non-existent money or budget cabling that allows payment

immediate amount of the amount due does not constitute grounds of opposition to the

execution, without prejudice to being able to be cause of exclusion from the ilicitude of the

spontaneous inexecution of the sentence, for the purposes of the provisions of the

article 159.

6-When the situation of default is due to the inexistence of money or

budget cabling that allows for the immediate payment of the amount

due, the entity obliged must, within the time limit set out in paragraph 1, give

knowledge of the situation to the court, which invites the parties to arrive at

agreement, within 20 days, as to the staggered payment of the amount

in debt.

7-In the absence of the agreement referred to in the preceding paragraph, the provisions shall apply

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in paragraphs 3 a to 9 of Article 172.

Article 172.

[...]

1-[...].

2-[...].

3-[...].

4-When no credit compensation was required between exe-

hot and Administration Thank you, the court gives notice of the sentence and

of the situation of inexecution to the Superior Council of the Administrative Courts-

Tives and Fiscal, to which it is to issue, within 30 days, the corresponding

order of payment.

5-[ Previous Article No 7 ].

6-Without prejudice to the provisions of the preceding paragraph, the exequent shall be

immediately notified of the situation of insufficient endowment,

assisting you, in that case, in the alternative:

a) The right to apply for the administrative court to follow up

execution, applying the regime of the execution for payment of amount

certain, provided for in civil procedural law; or

b) The right to apply for the fixation to the entity required by a deadline

to proceed to payment, with imposition of a penalty payment-

ria compulsory for holders of the competent body to determine such

payment.

7-When the credit exequendo runs an entity belonging to the

Indirect administration of the State or the autonomous Administration, the credit

can only be satisfied on account of the budgetary allocation to which the

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n 3 provided that through the preview of the implementation of the implementation scheme for

payment of certain amount regulated in the civil procedural law, has not been

possible to obtain the payment of the debtor entity.

8-In the situation provided for in the preceding paragraph, should the show be depleted the

execution arrangements for payment of certain amount provided for in the law

civil procedural without it having been possible to obtain the execution of the credit, the

court clerk, regardless of court order and such having

been requested, in the subsidiary title, in the enforcement petition, notifies

immediately the Superior Council of Administrative and Fiscal Tribunals

for this issue to be issued the order of payment referred to in paragraph 4.

9-A credit satisfaction by the State Budget, in the hypothesis provided in the

previous number, constitutes the State in right of return, including interest

de mora, on the responsible entity, to exercise by one of the

following forms:

a) Discount on transfers to be made to the entity concerned in the

Budget of the state of the following year;

b) Addressing entity belonging to the indirect Administration of the

State, officious enrollment in the respectful private budget by the

tutelar body to which it kayaks the approval of the budget; or

c) Action of return to be intried in the competent court.

Article 173.

[...]

1-Without prejudice to the possible power of practicing new administrative act, in the

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respect for the limits dictated by the authority of the case judged, the cancellation of

an administrative act constitutes the Administration in the duty to reconstitute the

situation that would exist if the annulled act had not been practiced, as well as

of giving fulfillment to duties that it has not fulfilled on the grounds of

in that act, by reference to the legal and de facto situation existing in the

moment in which he should have acted.

2-For the purposes of the provisions of the preceding paragraph, the Administration may stay

constituted in the duty to practise endowed acts of retroactive efficacy, since

that do not involve the imposition of duties, charges, burden or subjection to

application of sanctions or the restriction of rights or interests legally

protected, as well as in the duty to annul, reform or replace the acts

consequent, without a time dependence, and change the de facto situations

meanwhile constituted, the maintenance of which is incompatible with the execution

of the sentence of annulment.

3-The beneficiaries of good faith from consequential acts practiced there are more than one

year are entitled to be indemnified for the damage they suffer in

consequence of the cancellation, but their legal situation cannot be laid

in cause if such damage is difficult or impossible to repair and is

manifests the existing disproportion between its interest in the maintenance of the

situation and the interest in the execution of the annulatory sentence.

4-When to the reintegration or recolocation of a worker who has obtained

the cancellation of an administrative act will object to the existence of third parties with

legitimate interest in the maintenance of incompatible situations, constituted

in its favour by administrative act practiced more than a year ago, the

worker who has obtained the cancellation has a right to be propped in place or

vacant post office and in the equal or equivalent category to that in which

should have been placed, or, not being that immediately possible, in

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place or job to be created in the frame or map of personnel of the

entity where it comes to perform duties.

Article 175.

[...]

1-Unless legitimate cause of misexecution, the duty to perform shall

be fully complied with, at most, within the procedure deadline of 90

days.

2-[...].

3-Without prejudice to the provisions of Article 177, when the execution of the sentence

consents to the payment of a pecuniary amount, is not invariant to

existence of legitimate cause of inexecution and payment shall be carried out,

at most, within the 30-day procedure deadline.

Article 176.

[...]

1-When the Administration does not give spontaneous execution to the sentence on time

set out in paragraph 1 of the previous article, the person concerned and the Ministry

Public, when it has been the author in the process or are concerned by the

values as referred to in Article 9 (2), may require compliance with the

duty of execution before the court that has delivered the sentence in

first degree of jurisdiction.

2-A petition, which is autured by apenso to the autos in which it was handed down

sentence of cancellation, must be submitted within one year, counted

from the expiry of the term of paragraph 1 of the previous article or the notification of the

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invocation of legitimate cause of misexecution to which it relates to the same

precept.

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

Article 180.

[...]

1-[...]:

a) Issues relating to contracts, including cancellation or declaration

of nullity of administrative acts relating to the respect of the implementation;

b) Issues relating to extracontratual civil liability,

including the effectivation of the right of return, or compensation

due under the law, in the context of legal relations

administrative;

c) Issues relating to the validity of administrative acts, save

legal determination to the contrary;

d) Issues relating to legal relations of public employment,

when they are not at cause unavailable rights and when not

result from an accident of work or occupational disease.

2-When there are counterstakeholders, the regularity of the constitution of

arbitral tribunal depends on its acceptance of the arbitral commitment.

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3-A impugning of administrative acts concerning the formation of contracts

may be the object of arbitration, upon prediction in the procedi's program-

ment of the manner of constitution of the arbitral tribunal and of the procedural regime

to apply, which, when it is in question the formation of some of the contracts

provided for in Article 100, shall be established in accordance with the re-

Urgency gime provided for in this Code for the contentious pre-

contractual.

Article 182.

[...]

The person concerned who intends to make recourse to arbitration in the context of disputes

provided for in Article 180 may require from the Administration the celebration of

arbitral commitment, in the cases and terms provided for in the law.

Article 184.

[...]

1-A outorga of arbitral commitment by the State is object of

dispatch of the member of the Government responsible for the reason of the matter, the

profer within 30 days, counted since the submission of the application

of the interested.

2-[...].

3-[...].

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149

Article 185.

Limits of arbitration

1-Cannot be object of arbitral commitment to civil liability by

damages arising from the exercise of the political and legislative function or the

juristic function.

2-In disputes on matters of legality, the arbitrators decide strictly

under the law constituted, and may not pronounce upon the

convenience or opportunity of administrative performance, nor judge

second to equity.

Article 186.

Impugation of arbitral decisions

The decisions rendered by the arbitral tribunal may be challenged in the terms

and with the grounds set out in the Voluntary Arbitration Act.

Article 187.

[...]

1-The State may, under the law, authorize the installation of centres of

institutionalized arbitration intended for the composition of passable disputes

of arbitration pursuant to Art. 180, specifically in the context of

following subjects:

a) Legal relations of public employment;

b) Public social protection systems;

c) Urbanism.

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2-A binding of each ministry to the jurisdiction of arbitration centres

depends on joint poration of the member of the Government responsible for the

area of justice and of the member of the relevant government on the grounds of matter,

that establishes the type and maximum value of the disputes covered, conferring

to those interested the power to address these centres for the resolution of

such disputes.

3-[...]. "

Article 3.

Addition to the Code of Procedure in the Administrative Courts

They are deferred to the Code of Procedure in the Administrative Courts, passed by the Law

no 15/2002 of February 22, as amended by the Laws n. 4-A/2003 of February 19,

59/2008, of September 11, and 63/2011, of December 14, Articles 7, 8.-A, 45.

77.-A, 77.-B, 78.-A, 85.-A, 87.-A, 89.-A, 91.-C, 103.-A, 103.-A, 103.

110.-A and 186.-A, with the following essay:

" Article 7.

Duty of procedural management

1-Cumpre to the judge, without prejudice to the specially imposed impulse burden

by law to the parties, actively drive the process and provide for its

Tempo célere, officiously promoting the necessary representations to the

normal continuation of the action, refusing what is impertinent or

merely dilatory and, listened to the parties, adopting mechanisms of

simplification and procedural streamlining that guarantee the fair composition of the

litigation in reasonable time.

2-The judge provides officialness for the supply of the lack of assumptions

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151

susceptibility to sanction, determining the achievement of the acts

necessary for the regularization of the instance or, when the sanction depends on

act that should be practiced by the parties, inviting them to practise it.

3-Of the decisions referred to in paragraph 1 shall not be admissible, unless

to be satisfied with the principles of equality or adversarial, with the

procedural acquisition of facts or with the admissibility of means

probats.

Article 8-The

Personality and judicial capacity

1-A personality and the judicial capacity consist, respectively, in the

susceptibility to being a part and in that of being by themselves in judgement.

2-Have judicial personality who has legal personality, and

judicial capacity who has the ability to exercise rights, being

applicable to the administrative procedure the supply regime of the

disability provided for in civil procedural law.

3-In addition to the remaining cases of extension of the judicial personality

established in the civil procedural law, the ministries and the bodies of the

Public administration has judicial personality corresponding to the

active and passive legitimacy afforded to them by this Code.

4-In the actions unduly proposed against ministries, the respect lack of

judicial personality can be sanctioned by the intervention of the State and the

ratification or repetition of the processed.

5-A The undue purposeful of action against an administrative body does not have

procedural consequences, in accordance with Article 10 (4).

Article 45-The

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Extension of regime

1-The provisions of the previous article shall apply when, having been deducted

application concerning the invalidity of contract for violation of the relative rules

to the respective training procedure, the court:

a) Please check that it is no longer possible to reinstruct the procedure

pre-contractual, for in the meantime having been celebrated and executed the

contract;

b) Proceed, according to the provisions of the substantive law, to the removal of the

non-validity of the contract as a result of the weighting of the interests

public and private in presence.

2-The provisions of the previous article shall also apply when, pending the

sentencing action to the practice of act due, if it checks that the entity

demanded should have satisfied the claim of the author in accordance with

the applicable normative framework, but the supervenient change of that framework

normative prevents the provenance of the action.

3-For the purposes of the provisions of the preceding paragraph, the supervenient amendment only

impedes the provenance of the action of conviction to the practice of act due

when it occurs that, even if the author's claim had been

satisfied at the time of its own, the said amendment would have the scope of it

remove the title from the corresponding legal situation of advantage,

constituting it in the right to be indemnified by that fact.

Article 77-The

Legitimacy

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1-Applications for the validity, in whole or in part, of contracts may be

deduced:

a) By the parties to the contractual relationship;

b) By the Public Ministry;

c) For whom it has been harmed by the fact that the no

legally required pre-contractual procedure;

d) For whom it has challenged an administrative act concerning the

respects procedure and alegue that the invalidity stems from the

illegalities committed in the framework of that procedure;

e) By whom, having participated in the procedure that preceded the

celebration of the contract, alegue that the clausulate does not correspond to the

terms of the award;

f) By whom it is random that the clausulate of the contract does not correspond to the

terms initially established and which justifiably had it

led not to participate in the pre-contractual procedure, although

meet the necessary requirements for the purpose;

g) By the natural persons or collective holders or defenders of

subjective rights or legally protected interests to which the

performance of the contract cause or may cause damage;

h) By the persons and entities in accordance with Article 9 (2).

2-A cancellability of any contracts for lack and vices of the will can only

be argued by the persons in whose interest the law establishes it.

3-Applications for the execution of contracts can be deducted:

a) By the parties to the contractual relationship;

b) By the natural and collective persons carriers or defenders of

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subjective rights or legally protected interests depending on the

what contractual clauses have been established;

c) By the Public Ministry;

d) By the persons and entities in accordance with Article 9 (2);

e) By whom it was pretermed in the procedure that preceded the

conclusion of the contract.

Article 77-B

Deadlines

1-A The invalidity of contracts with an administrative act's passable object may

be argued within the time limits provided for the act with the same object and

identical regulation of the concrete situation.

2-A cancellability, total or partial, of the remaining contracts can be argued in the

period of six months, counted from the date of the conclusion of the contract, in

relation to the parties, or of the respect knowledge, as to third parties and to the

Prosecutor's Office.

3-A The cancellation of any contracts for lack and vices of the will may be

always requested within six months, counted from the date of the cessation of the

addiction.

Article 78-The

Counterstakeholders

1-When the author does not know, in whole or in part, the identity and

residence of the counter-persons, may apply for the Administration,

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previously to the purposeful of the action, the certificate passage from which they build

those elements of identification.

2-If the certificate is not passed in the legal deadline, the author, in the initial petition, shall

piece together proof that required it, state the identity and residence of the

counterinterested persons who know and apply for the judicial subpoena of the entity

respondent to, within five days, provide the court with identity and

residence of the missing counter-persons, for the purpose of being able to be

quoted.

3-The default by the demand entity of the subpoena referred to in the

previous number without proper justification determines the imposition of

compulsory financial penalty, according to the provisions of Article 169, without

prejudice to the constitution in liability, pursuant to Rule 159.

Article 83-The

Reconvention

1-When in contestation is deducted reconvention, this must be

expressly identified and deduced in separate from the remaining jointed, and

contain:

a) Exposition of the essential facts that constitute the cause of asking and of the

reasons for law that serve as a ground for reconvention;

b) Formulation of the application;

c) Declaration of the value of the reconvention.

2-If in the contestation is not declared the value of the reconvention, the contestation

does not cease to be received, but the recontwenty is asked to indicate the value,

under penalty of the reconvention not being met.

3-When the continuation of the reconvention is dependent on any

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act to practise by the reconquering, the reconquering is absolved of the instance if, in the

fixed-term, such an act does not show itself to be realized.

Article 85-The

Replica and rejoinder

1-It is admissible rebuttal for the author to respond, by articulated form, to the

exceptions deduced in the contestation or the perentory exceptions invoked

by the Public Prosecutor's Office in the exercise of the powers which gives it the article

previous, as well as to deduce all the defense as to the matter of the

reconvention, and may not be opposed to this new reconvention.

2-In the actions of simple negative appreciation, the replica serves for the author

challenge the constitutive facts that the defendant has alleged and to

alleging the impeditive or extinguishing facts of the right invoked by the

demanded.

3-A replica in response to exceptions is presented within 20 days and in

reply to reconvention within 30 days, from the date on which it is or

if you consider notified the presentation of the dispute.

4-When there has been reconvention, the author, in the rebuttal, shall:

a) To expose the reasons of fact and law why it is opposed to reconvention;

b) Exposing the essential facts on which the deductions deduced,

specifying them separately.

5-In the case provided for in the preceding paragraph, the author, at the end of the rebuttal, shall

present the rol of witnesses, gather documents and apply for other means

of proof.

6-It is only admissible rejoinder for the respondent to respond, by articulated form,

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the exceptions deduced in the rebuttal as to the matter of the reconvention, at the time

of 20 days from the notification of the replica.

Article 87-The

Previous hearing

1-Completed the representations resulting from the precept in the previous article, if the

they will take place, and without prejudice to the provisions of the following article, it is

convened prior hearing, to be held in one of the subsequent 30 days,

intended for some or some of the following purposes:

a) Conduct attempt at conciliation, pursuant to Art. 87-C;

b) To provide the parties with the discussion of fact and law, when the judge

surround to know immediately, in whole or in part, of the merit of the

cause;

c) Discussing the positions of the parties, with a view to the delimitation of the terms of the

litigation, and suppress the inadequacies or inaccuracies in the exhibition

matter of fact that they still subsist or become patents in the

sequence of the debate;

d) Profer dispatcher saneador, pursuant to Article 88 (1);

e) Determine, after debate, formal suitability, simplification or

agilization of the process;

f) Proinjure, after debate, dispatch intended to identify the object of the

litigation and enunciate the themes of the evidence, and decide the complaints

deducted by the parties;

g) Schedule, after hearing of the mandators, the acts to be carried out in the

final hearing, establish the number of sessions and their duration, and

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assign the respective dates.

2-For the purposes of the provisions of the and ) from the previous number, the judge can

determine the adoption of the procedural plotting appropriate to the specifics

of the cause and to adapt the content and the form of the procedural acts to the end that

aim to achieve, ensuring an equitable process.

3-The dispatching that marks the prior hearing indicates its object and purpose,

but does not constitute a case on the possibility of immediate consideration

of the merit of the cause.

4-It does not constitute a reason for postponing the lack of the parties or their

mandators.

5-A The prior hearing is, where possible, engraved, applying, with the

necessary adaptations, the provisions on the matter in civil procedural law.

6-Probatory requirements can be changed at the prior hearing.

Article 87-B

Non-fulfilment of the prior hearing

1-A The prior hearing does not take place when it is clear that the process must

finder in the saneador dispatch by the dilatory exception provenance.

2-In the actions that hajam from proceeding, the judge may dismiss the realization of the

prior hearing when this is intended only for the purposes set out in the

points d ), and ) and f ) of paragraph 1 of the preceding article, prowling, in that case,

dispatch for the purposes indicated, in the 20 days subsequent to the expiry of the

articulated.

3-Notified the parties, if any of them claim to complain about dispatches

prowounded for the purposes set out in the ( and ), f ) and g ) of the Article 1 (1)

previous, may require, in 10 days, the holding of prior hearing, which,

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in this case, it shall be held in one of the following 20 days and is intended for apre-

cite the issues raised and, incidentally, to make use of the provisions of the

point ( c ) of paragraph 1 of the previous article, and there may be amendment of the

probative requirements.

Article 87-C

Attempt at conciliation and mediation

1-When the cause couber in the scope of the powers of disposition of the parties,

may take place, in any state of the process, attempt at conciliation or

mediation, provided that the parties jointly require it or the judge to

consider opportune, but the parties cannot be summoned

exclusively for that purpose more than once.

2-For the purpose of the provisions of the preceding paragraph, the parties are notified to

attend in person or if they make themselves represented by judicial representative

with special powers.

3-A The attempt at conciliation is presided over by the judge, and this shall engage in

actively in obtaining the most appropriate solution to the terms of the dispute.

4-Frusting, in whole or in part, the conciliation, shall be consigned to

minutes the concrete solutions suggested by the judge, as well as the fundamentals

that, in the understanding of the parties, justify the persistence of the dispute.

5-A mediation processes in the terms set out in a diploma of its own.

Article 89-The

Dispatch of proof and addition or alteration of the rol of witnesses

1-Proinjured dispatcher saneador, when the action should proceed, the judge professes

dispatch intended to identify the object of the dispute and to enunciate the themes of the

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proof.

2-The parties may complain about the order provided in the preceding paragraph.

3-The order delivered on the complaints can only be challenged in the

interposed appeal of the final decision.

4-When they occur at the prior hearing and this is recorded, the dispatches and the

claims provided for in the previous figures may take place orally,

and must appear in the respect of the minutes.

5-The rol of witnesses may be added or amended up to 20 days prior to the date

where the final hearing is held, being the opposing party notified to

use, wanting, of equal college, within five days.

6-Incumbent on the parties to the presentation of the witnesses indicated in

consequence of the addition or the change to the rol predicted in the number

previous.

Article 91-The

Written allegations

When proof of evidence is carried out, without there being any place to the realization

of final hearing, the parties, fining the instruction, are notified to present-

rem allegations written by the 20-day concurrent deadline.

Article 103-The

Automatic suspensive effect

1-A The challenge of acts of award in the context of the contentious pre-

urgent contractual does to automatically suspend the effects of the impug act-

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nado or the execution of the contract, if this has already been concluded.

2-In the case provided for in the preceding paragraph, the respondent entity and the

counterstakeholders may require the judge to waiver the effect

suspensive, alleging that the deferral of the execution of the act would be

seriously detrimental to the public interest or generator of conse-

lesive quences clearly disproportionate to other interests

involved, taking place, in the decision, to the application of the criterion laid down in the

n Article 120 (2).

3-In the case provided for in the preceding paragraph, the applicant has the deadline of

seven days to respond, fining what the judge decides in the maximum term of 10

days, counted from the date of the last pronunciation presented or of the term of the

deadline for your presentation.

4-The suspensive effect is lifted when, weighted the interests

susceptible to being slugs, the damage that would result from the maintenance of the

suspensive effect if it flies superior to those that can result from your

surveying.

Article 103-B

Adoption of interim measures

1-In proceedings that do not have the object of impugning acts of

award, may be required to the judge the adoption of provisional measures,

directed at preventing the risk of, at the time the sentence comes to be

produced, if it has constituted a fait accompli situation or no longer

be it possible to resume the pre-contractual procedure to determine who

in it would be chosen as an adjudicator.

2-In the case provided for in the preceding paragraph, the request for the adoption of measures

provisional is tramped as an incident, which runs in the autos of the

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own declarative process, owing to the respect of the tramway being

determined, in the respect of the adversarial, depending on the complexity and

Urgency of the case.

3-In the situations provided for in the preceding paragraphs, the provisional measure is

refused when the damage that would result from your adoption if it flies

superior to those that may result from their non-adoption, without such an injury

can be avoided or mitigated by the adoption of other measures.

Article 110-The

Replacement of the petition and interim decrement of cautionary providence

1-When you verify that the circumstances of the case are not such as

justify the enactment of a subpoena, for basing themselves with the adoption

of a cautionary providence, the judge, in the liminal order, fixed term for the

author replace the petition, to the effect of requiring the adoption of providence

cautioning, following, if the petition is replaced, the terms of the case

cautionary.

2-When, in the hypothesis provided for in the preceding paragraph, it is to recognize that

there is a situation of particular urgency that justifies it, the judge must, in the

same liminal dispatch, and without any other formalities or

détails, provisionally enact the cautionary providence that it judges

appropriate, in that case, the provisions of Article 131 shall apply.

3-In the hypothesis provided for in the preceding paragraph, the provisional decrement lapse

if, within five days, the author has not required the adoption of

cautionary providence, according to the provisions of paragraph 1.

Article 186-The

Publicity of arbitral decisions

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The decisions rendered by arbitral tribunals carried forward on trial are

compulsorily published by informatics, on organized data basis

by the Ministry of Justice. "

Article 4.

Amendment to the Status of Administrative and Fiscal Courts

Articles 1, 2, 4, 13, 17, 29, 40, 41, 43, 44, 48., 52, 52, 52, 52, 52, 52, 52, 52.

and 74 of the Statute of the Administrative and Fiscal Courts, approved by Law No. 13/2002,

of February 19, they go on to have the following essay:

" Article 1.

[...]

1-The courts of administrative and tax jurisdiction are the organs of sovereignty

with competence to administer justice on behalf of the people, in the disputes

understood by the scope of jurisdiction provided for in Article 4 of this

Statute.

2-In the cases submitted to trial, the courts of jurisdiction

administrative and tax may not apply standards that infringe the provisions of

in the Constitution or the principles laid down therein.

Article 2.

[...]

The courts of administrative and tax jurisdiction are independent and only

are subject to law and law.

Article 4.

[...]

1-Compete to the courts of administrative and tax jurisdiction the appreciation of

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litigation that have per object concerning matters relating to:

a) Tutelage of fundamental rights and other rights and interests

legally protected, in the framework of administrative legal relations

and tax;

b) Surveillance of the legality of standards and too much legal acts

emanated by organs of the Public Administration, under the

provisions of administrative or tax law;

c) Surveillance of the legality of administrative acts practiced by

any organs of the State or Autonomous Regions not

integrated in the Public Administration;

d) Surveillance of the legality of standards and too much legal acts

practiced by any entities, regardless of their

nature, in the exercise of public powers;

e) Validity of pre-contractual acts and interpretation, validity and execution

of administrative contracts or any other contracts

entered into in the terms of the legislation on public procurement, by

collective persons of public law or other contracting authorities;

f) Extracontratual civil liability of the collective persons of law

public, including for damages resulting from the exercise of duties

political, legislative and jurisdictional;

g) Extracontratual civil liability of organ holders,

employees, agents, workers and too many public servants,

including return actions;

h) Extracontratual civil liability of the remaining subjects to which

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the specific regime of the responsibility of the State and

too many people collective of public law;

i) Condemnation of the removal of situations constituted in de facto route, without

title that legitimizes them;

j) Legal relationships between collective people of public law or between

public bodies, regulated by provisions of administrative law

or tax;

k) Prevention, cessation and repair of violations to values and property

constitutionally protected, in the matter of public health,

housing, education, environment, spatial planning,

urbanism, quality of life, cultural heritage and goods of the State,

when committed by public entities;

l) Judicial decisions of decisions of the Public Administration that I applaud-

who fines in the scope of the illicit of mere social ordering by

violation of administrative law standards in respect of

urbanism;

m) [ Previous point (m) ];

n) Enforcement of satisfaction of obligations or respect for limitations

arising from administrative acts that cannot be imposed

coercively by the Administration;

o) Administrative and tax legal relations that do not concern the

subjects provided for in the preceding paragraphs.

2-It belongs to the administrative and tax jurisdiction the competence to drive the

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disputes in which they should be jointly demanded public entities

and private individuals among themselves linked by legal linkages of solidarity,

specifically because they have agreed together for the production of the

same damage or for having concluded with each other's insurance contract of

responsibility.

3-[ Previous Article No 2 ].

4-Are also excluded from the scope of administrative and tax jurisdiction:

a) The appreciation of the actions of liability for judicial error

committed by courts belonging to other orders of jurisdiction,

as well as the corresponding return shares;

b) The assessment of disputes arising from contracts of employment, still

that one of the parties is a collective person of public law, with

the exception of the emerging disputes of the public employment bond.

Article 9.

[...]

1-[...].

2-[...].

3-[...].

4-In the case provided for in the preceding paragraph, the administrative and tax tribunal

has a single president, designated by the Higher Council of the

Administrative and Fiscal Courts.

5-Mediant decree-law, specialized sections or courts may be created

specialized.

Article 13.

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[...]

1-The Supreme Administrative Court has a president, who is coadjured

by two vice-presidents, elected in a manner and for periods identical to the

predicted for that one.

2-A vice president is elected from among and by the judges of the Section of

Administrative Litigation, being the other vice president-elect of between and

by the judges of the Tributary Litigation Section.

Article 14.

[...]

1-Each Section of the Supreme Administrative Court shall be composed of the

president of the Court, by the respected vice president and the remaining

judges for her nominees.

2-[...].

Article 17.

[...]

1-[...].

2-[...].

3-[...].

4-Saved in the case of appeal for the uniformity of jurisprudence or when

this is necessary for the observance of the provisions of the preceding paragraph, no

can intervene in the trial in Pleno the judges who have voted to

decision resorts.

5-[...].

6-In the processes of the competence of the Plene of the Chamber, dispatches of the

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reporter who verses only on procedural issues and does not put an end to

to the proceedings it is up to complain for a formation of five judges,

designated annually from among the oldest by the President of the

Court.

Article 24.

[...]

1-Compete to the Administrative Contentious Section of the Supreme Court

Administrative know of the processes in relative administrative matters

the actions or omissions of the following entities:

a) President of the Republic;

b) Assembly of the Republic and its President;

c) Council of Ministers;

d) Prime Minister;

e) Constitutional Court, Supreme Court of Justice, Supreme Court

Administrative Court, Court of Auditors, Supreme Court

Military, Administrative Central Courts and Courts of Relation,

as well as the Presidents ' respects;

f) Attorney General of the Republic.

Article 29.

[...]

It is incumbent upon the Plenary of the Supreme Administrative Court to meet the

conflicts of competence between administrative courts of circle and courts

tributaries or between the Sections of Administrative Contentious and of

Tax Litigation.

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Article 40.

[...]

1-Except in cases where the administrative procedural law provides for the

trial in extended training, the administrative courts of circle

function only with single judge, to each judge competing the decision, from

fact and in law, of the processes that are distributed to it.

2-[ Revoked ].

3-[ Revoked ].

Article 41.

[...]

1-[...].

2-The procedure provided for in the preceding paragraph has mandatorily take place

when it is in question a situation of selection of processes with

priority progress, under the terms set out in the law of process.

Article 43.

[...]

1-Presidents of the circle administrative courts are appointed by the

Top Council of Administrative and Fiscal Courts for a

tenure of three years.

2-The mandate may be renewed once, upon favourable assessment,

resulting from auditing on the molds in which the powers were exercised

of the management of the procedural motion of the court, to be carried out by entity

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external, assigned to the effect by the Superior Council of Courts

Administrative and Fiscal.

3-The presidents of the administrative courts of circle with more than three

judges are appointed in commission of service, which gives no place to the opening of

vacancy, from among judges who:

a) Exercise effective functions as disembarkant judges and possess

rating not less than Good with distinction ; or

b) Exercise effective duties as law judges and own 10 years

of effective service in the administrative courts and classification no

lower than Good with distinction .

4-A appointment for the exercise of the duties of president in courts

circle administrative with more than three judges presupposes habilitation

preview with own training course, which includes the following areas of

competencies:

a) Organization and administrative activity;

b) Organization of the court system and administration of the court;

c) Management of the court and procedural management;

d) Simplification and procedural streamlining;

e) Evaluation and planning;

f) Management of human resources and leadership;

g) Management of budgetary, material and technological resources;

h) Information and knowledge;

i) Quality, innovation and modernization.

5-The training course referred to in the preceding paragraph shall be provided by the

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Center for Judicial Studies with the collaboration of other entities

trainers, in the terms defined by the porterie of the member of the Government

responsible for the area of justice, which approves the respecting regulation.

Article 44.

[...]

1-Compete to the circle administrative courts to know, in the first ins-

tance, of all proceedings within the scope of administrative and tax jurisdiction

that they focus on administrative matter and whose competence, in the first

degree of jurisdiction, is not reserved to the higher courts.

2-[...].

3-[...].

Article 46.

[...]

1-[...].

2-[...].

3-The procedure provided for in the preceding paragraph has mandatorily take place

when it is in question a situation of processes with progress

priority, under the terms set out in the law of procedure.

Article 48.

[...]

1-It shall apply, as to the appointment and competences of the Presidents of the

tax courts, the provisions of this Statute for the Presidents

of the administrative courts of circle.

2-[ Revoked ].

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3-[ Revoked ].

4-[ Revoked ].

Article 51.

[...]

It is incumbent upon the Public Prosecutor to represent the State, uphold the legality

democratic and promote the realization of the public interest, by exercising, for the

effect, the powers that the law confers on it.

Article 52.

[...]

1-The Public Prosecutor's Office is represented:

a) [...];

b) [...];

c) In the administrative courts of circle and in the tax courts,

by prosecutors of the Republic and by procuratorates-adjoining.

2-[...].

3-In the placing and proofing of the magistrates in this jurisdiction, it shall be

weighted the specialized training, in accordance with the provisions of paragraphs 1 and

2 of Article 136 of the Statute of the Public Prosecutor's Office.

Article 74.

[...]

1-[...].

2-[...]:

a) [...];

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b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) [...];

m) [...];

n) [...];

o) [...];

p) Nominate, from among jubilate judges who have exercised duties in the

superior courts of the administrative and tax jurisdiction, the President of the

deontological body in the framework of administrative and tax arbitrage under

the organisation of the Centre for Administrative Arbitration;

q) [ Previous point p )].

3-[...].

a) [...];

b) [...];

c) [...]. "

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Article 5.

Addition to the Statute of Administrative and Fiscal Tribunals

It is added to the Statute of the Administrative and Fiscal Courts, passed by the Law

n. 13/2002 of February 19, Article 43, with the following essay:

" Article 43.

Competence of the president of the court

1-Without prejudice to the autonomy of the Public Prosecutor's Office and the power of delegation,

the president of the circle administrative court possesses powers of

representation and direction, of procedural, administrative and functional management.

2-The president of the court possesses the following powers of representation and

direction:

a) Represent and direct the court;

b) Keep track of the achievement of the goals set for the services of the

court on the part of the officials;

c) To promote the holding of planning and evaluation meetings of the

results of the court, with the participation of the judges and officials;

d) Adopt or propose to the competent entities measures, inter alia,

of de-bureaucratization, simplification of procedures, use of the

information technologies and transparency of the justice system;

e) Be heard by the Superior Council of Administrative Courts and

Tax, where it is considered to be the achievement of syndications

relatively to the court;

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f) Be heard by the Board of Justice Officers, whenever it is

weighted to the realization of extraordinary inspections as to the

court officials or unionists with respect to their respects

secretaries;

g) Draw up, for presentation to the Superior Council of Courts

Administrative and Fiscal, a half-yearly report on the state of the

services and the quality of the response, giving knowledge of the same to

Attorney General of the Republic and the Direction-General of the Administration

of Justice (DGAJ).

3-The president of the court has the following functional competencies:

a) Give possession to the judges and officials;

b) Draw up the maps and holiday shifts of the judges and submit them to

approval of the Higher Council of Administrative Courts and

Fiscal;

c) Authorize the holiday enjoyment of the employees and approve the respects

annual maps;

d) Exercise disciplinary action on the employees on duty in the

court, in respect of the penalty of gravity lower than the fine and, in the

remaining cases, institute disciplinary proceedings, if the infraction occurs in the

respects court;

e) Appoint a substitute judge, in the event of an impediment to the substitute

legal.

4-The president of the court has the following managerial skills

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procedural:

a) Implement methods of work and measurable goals for each

organic unity, without prejudice to the skills and assignments in that

matter on the part of the Superior Council of Courts

Administrative and Fiscal, specifically in the setting of the indicators

of the appropriate procedural volume;

b) Follow up and evaluate the activity of the court, namely the

quality of the service of justice provided to citizens;

c) Follow up on the procedural motion of the court, specifically

ensuring a fair distribution of proceedings by the judges and

identifying the pending processes for time considered

excessive or which are not resolved within a reasonable period of time, and

inform the Superior Council of Administrative Courts and

Taxation, proposing the measures that are warranted, specifically the

supply of additional response needs through the resource to the

scholarship of judges;

d) Promoting the implementation of simplification and streamlining measures

procedural, specifically determining the cases in which, for

uniformity of jurisprudence, must intervene in the trial all

the judges of the court, presiding over the respected sessions and voting the

decisions in the event of a tie;

e) To propose to the Superior Council of Administrative and Fiscal Courts

the specialization of sections;

f) To propose to the Superior Council of Administrative and Fiscal Courts

the reallocation of judges, with a view to a rational distribution and

efficient of the service;

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g) Proceed to the reallocation of officials, within the limits legally

defined;

h) Request the supply of additional response needs,

particularly through the recourse to the supplementary board of judges.

5-The president of the court has the following administrative powers:

a) Elaborate the budget project;

b) Elaborate the annual and multi-annual plans of activities and reports of

activities;

c) To draw up the internal regulations of the court;

d) To propose the budgetary changes deemed appropriate;

e) Participate in the conception and implementation of the organizational measures and

modernization of the courts;

f) Planning the needs of human resources.

6-The President shall further exercise the powers delegated to him by the

Top Council of Administrative and Fiscal Courts.

7-The powers referred to in paragraph 5 shall be exercised by delegation of the

president, without prejudice to the power of avocation and recourse.

8-Of the administrative acts practiced under the n. ºs 3 and 4 up to appeal

necessary, within 20 days, for the Superior Council of Courts

Administrative and Fiscal.

9-For the purposes of monitoring the activity of the court, including the ele-

ments relating to the duration of processes and productivity, are made available-

zoned computerized data from the judicial system, in respect for protection

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of the personal data. "

Article 6.

Amendment to the Code of Public Procurement

Article 285 of the Code of Public Procurement, approved by the Decree-Law No. 18/2008,

of January 29, passes to have the following essay:

" Article 285.

[...]

1-To contracts with an administrative act's passable object is applicable

regime of predicted invalidity for the act with the same object and identical

regulation of the concrete situation.

2-A cancellability, total or partial, of the remaining contracts can be argued in the

period of 6 months, counted from the date of the conclusion of the contract or,

as to third parties, from the knowledge of your clausulate.

3-A The cancellation of any contracts for lack and vices of the will may be

always requested within six months, counted from the date of the cessation of the

addiction.

4-[ Previous n. 3. ] "

Article 7.

Amendment to Decree-Law No 555/99 of December 16

Articles 85, 95 and 112 of the Decree-Law No. 555/99 of December 16, pass

the following essay:

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" Article 85.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-Compete to the administrative courts of circle where the building is located

in which the urbanization works should be carried out to know the applications

provided for in this article.

9-[...].

Article 95.

[...]

1-[...].

2-[...].

3-The warrant provided in the preceding paragraph is required by the President of the

city hall with the administrative courts and follows the terms

provided for in the code of procedure in the administrative courts for the

urgent processes.

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Article 112.

[...]

1-In the case provided for in paragraph a ) of the previous article, the person concerned may deduct

from the administrative courts a subpoena request directed at the

interpellation of the competent entity for the performance of the duty of

decision.

2-The subpoena application must be instructed with copy of the

application submitted.

3-The deadline for the contestation of the required entity is 14 days and,

presented the contestation or the expiry of the respective term, the process is

conclusive to the judge for decision within 5 days.

4-A subpoena can be rejected for lack of filling of the assumptions

for the constitution of the duty of decision, for violation of legal provisions

or regulatory.

5-The process can end by supervenient uselessness of the lide if it is

proved the practice of the intended act within the time frame of the dispute.

6-In the decision, the judge sets out no less than 30 days for the

compliance with the duty of decision and fixed penalty payment penalty, in the

terms set out in the Code of Procedure in the Administrative Courts.

7-[...].

8-[...].

9-[...].

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10-[...]. "

Article 8.

Amendment to Law No. 83/95 of August 31

Articles 12, 16 and 19 of Law No. 83/95 of August 31, go on to have the following

essay:

" Article 12.

[...]

1-A The popular administrative action can rewear any of the forms of

process provided for in the Code of Procedure in the Administrative Courts.

2-[...].

Article 16.

[...]

1-In the framework of popular actions, the Public Prosecutor's Office is the holder of the legitimacy

active and the powers of representation and procedural intervention that

are conferred by law, and may replace the author in the event of

dismissal of the lide, as well as of transaction or of aggrieved behaviors

of the interests in question.

2-[ Revoked ].

3-[ Revoked ].

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Article 19.

Decisions transitioned on trial

1-Saved when dismissed for failure to insufficiency of evidence or

when the adjudicator should decide by amusing form founded on motivations

own from the concrete case, the effects of the sentences carried on trial

rendered in the framework of proceedings which have an object to the defence of

homogeneous individual interests cover the holders of the rights or

interests that have not exercised the right to exclude themselves from the

representation, in accordance with Article 16.

2-[...]. "

Article 9.

Amendment to Law No. 27/96 of August 1

Article 15 of Law No. 27/96 of August 1, as amended by Organic Law No. 1/2011, of 30

of November, goes on to have the following essay:

" Article 15.

[...].

1-The actions for declaration of loss of tenure or dissolution of organs

self-made autarchals or equiped entities have urgent character and follow the

terms of the process of the electoral litigation, provided for in the Code of

Process in the Administrative Courts.

2-[ Revoked ].

3-[ Revoked ].

4-[ Revoked ].

5-[ Revoked ].

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6-[ Revoked ].

7-[ Revoked ].

8-[ Revoked ]. "

Article 10.

Amendment to Law No. 46/2007 of August 24

Articles 14, 23 and 31 of Law No. 46/2007 of August 24, go on to have the following

essay:

" Article 14.

[...]

1-A entity to whom the application for access to a document has been directed

administrative must, within 10 days:

a) [...];

b) [...];

c) [...];

d) [...];

e) Exposing to CADA doubts you have about the decision to be delivered, in order to

this entity shall issue opinion within the maximum period of 30 days.

2-[...].

3-[...].

4-[...].

Article 23.

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[...]

When no full satisfaction is given to the application for reuse of agreement

with the provisions of this section, the person concerned may file a complaint with

CADA or require the competent administrative court to subpoena the

required entity, in the terms set out in this Law and in the Code of

Process in the Administrative Courts.

Article 31.

[...]

1-[...].

2-A CADA may delegate to the President powers to appreciate and decide:

a) [...];

b) [...];

c) [...];

d) Complaints about issues that have already been appreciated by the CADA of

uniform and repeated mode. "

Article 11.

Amendment to Law No. 19/2006 of June 12

Article 14 of Law No 19/2006 of June 12, passes the following essay:

" Article 14.

[...]

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1-When no full satisfaction is given to your request for access, the

interested may file complaints to the Access to Documents Commission

Administrative or require the competent administrative court to

subpoena of the requested entity, pursuant to the Act on Access to the

Administrative Documents and the Code of Procedure in the Courts

Administrative.

2-Third parties aggrieved by the disclosure of information may also appeal

to the means of guardian provided for in the law.

3-[ Revoked ]. "

Article 12.

Systematic changes to the Code of Procedure in the Administrative Courts

1-It is deleted Title II, designated by "From the common administrative action".

2-Title III becomes Title II, with the designation of "From Administrative Action",

by conserving the three chapters of the previous Title III and incorporating into Chapter I the

non-revoked articles from the previous Title II.

3-Chapter II of the new Title II is integrated by the same Sections that integrates the

Chapter II of the previous Title III, with the following amendments:

a) Subsection I of Section I undergoes assigning " From the impugability of acts

administrative ";

b) Section III goes on to designate itself by " Challenge of standards and condemnation of the

emission of standards ";

c) A new Section IV, designated by " Shares concerning validity and

execution of contracts ".

4-Chapter II of the new Title II is integrated by the following Sections:

a) Section I, designated by "Articulates";

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b) Section II, designated by "subsequent Tramites";

c) Section III, designated by "Saneements, instruction and allegations";

d) Section IV, designated by "Judgment".

5-Title IV becomes Title III, designated by "Of the urgent proceedings", with a

Chapter I designated by "Urgent Administrative Action", integrated by a Section I

designated by "Contencious electoral", a Section II designated by " Contencious of the

mass procedures "and a Section III designated by" Contencious pre-contractual ",

and with a Chapter II that corresponds to Chapter II of the previous Title III, with the

respects Sections.

6-Title V becomes Title IV, with the same designation and structure, Title VI

it becomes Title V, with the same designation and structure, Title VII becomes the

Title VI, with the same designation and structure, but passing Chapter III of the new

Title VI to be designated by "Extraordinary Resources" and by suppressing Chapter III,

previously designated by "Review Feature", Title VIII becomes the Title

VII, with the same designation and structure, Title IX becomes Title VIII and the

designates "arbitral tribunals and arbitration centres", and Title X becomes the

Title IX, with the same assignment.

Article 13.

Abrogation standard

They are revoked:

a) Article 16 (2) and (16) of Law No 83/95 of August 31;

b) Paragraphs 2 a to 8 of Article 15 of Law No 27/96 of August 1, amended by the Law

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Organic n. 1/2011, of November 30;

c) Article 40 (2) and (40), paragraphs 2 a to 4 of Article 48 and Articles 60 and 73 of the

Statute of the Administrative and Fiscal Courts, passed by Law No. 13/2002,

of February 19;

d) Article 4 (5), Art. 20 (2), Article 29 (2), paragraphs 4 a to 8 of the

article 30, Article 35 (2), Article 40, paragraphs 2 and 3 of Article 41, the

articles 42, 43 and 44, Art. 45 (5), Articles 46, 47 and 49, para. 4

of Article 58, Article 78 (5), paragraphs 5 and 6 of Article 79, paragraph 5 of the

article 82, Article 86 (6), Article 91 (6), Article 93 (4), the

n Article 97 (2), Article 100 (3), paragraphs 4 and 5 of Article 110, para.

point ( g ) of Article 123 (1), Art. 130 (3), paragraphs 6 and 7 of the article

132, Art. 135 (2), Article 142 (4) and Article 190 of the Code

of Process in the Administrative Courts, passed by Law No. 15/2002, of

February 22, as amended by the Leis n. ºs 4-A/2003, of February 19, 59/2008,

of September 11, and 63/2011, of December 14;

e) Article 14 (3) of Law No 19/2006 of June 12.

Article 14.

Republication

1-It is republished in Annex I to the present decree-law, which of it forms an integral part, the

Code of Process in the Administrative Courts, with the current essay.

2-It is republished in Annex II to the present decree-law, which of it forms an integral part, the

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Statute of the Administrative and Fiscal Courts, with the current essay.

Article 15.

Entry into force

1-Without prejudice to the provisions of the following numbers, the present decree-law enters into

vigour 60 days after its publication.

2-The changes effected by the present decree-law to the Code of Procedure in the

Administrative Courts, passed by Law No. 15/2002, of February 22, amended

by the Laws n. ºs 4-A/2003, of February 19, 59/2008, of September 11, and 63/2011, of

December 14, only apply to the administrative processes that are initiated after the

its entry into force.

3-The changes effected by this decree-law to Decree-Law No. 555/99, of 16

of December, and to the Laws No 83/95 of August 31, 27/96, of August 1, amended

by Organic Law No. 1/2011, of November 30, 46/2007, of August 24, and

19/2006, of June 12, only apply to the administrative processes that have

beginning after its entry into force.

4-The changes effected by the present decree-law to the Statute of the Courts

Administrative and Fiscal, approved by Law No. 13/2002 of February 19, in

matter for the organization and operation of administrative tribunals, including of the

administrative courts of circle, come into force on the day after the

publication of this decree-law.

5-A amendment effected by this decree-law to the point l) of Article 4 (1) of the

Statute of the Administrative and Fiscal Courts, passed by Law No. 13/2002, of

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189

February 19, in the matter of illicit of mere social ordering by violation of norms

of administrative law on urbanism, comes into force on the September 1

of 2016.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of Justice

The Minister of Economy

The Minister of the Environment, Territory Planning and Energy

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190

ANNEX I

Republication of the Code of Procedure in the Administrative Courts

(as referred to in Article 14 (1))

CHAIR OF THE COUNCIL OF MINISTERS

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ANNEX II

Republication of the Statute of Administrative and Fiscal Courts

(as referred to in Article 14 (2))