Key Benefits:
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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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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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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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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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ANNEX I
Republication of the Code of Procedure in the Administrative Courts
(as referred to in Article 14 (1))
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ANNEX II
Republication of the Statute of Administrative and Fiscal Courts
(as referred to in Article 14 (2))