The Revision Of The Code Of Procedure In Administrative Courts

Author:Mr Manuel Da Silva Gomes
Profession:PLMJ
 
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Decree-Law 214-G/2015 of 2 October (the "Decree") introduces a substantial revision of the Code of Procedure in Administrative Courts (CPAC)1. The Decree also makes changes to various separate pieces of legislation that regulate or are connected with administrative procedure in order to bring them into line with the amendments to the CPAC. These include the Statute of the Administrative and Tax Courts, the Public Procurement Code, the Legal Framework of Planning and Construction, the Law of Procedural Participation and Popular Action, the Legal Framework of Administrative Supervision, the Law of Access to Administrative Documents and, finally, the Law of Access to Information on the Environment.

This revision of the CPAC "completes" the very recent reform of the structuring legislation corresponding to the Code of Administrative Procedure carried out in January 2015. It also brings the CPAC into line with the sweeping reform of the Code of Civil Procedure carried out in 2013.

Among the many changes made to the CPAC2, we may refer to the following significant changes:

The creation of a new model for dealing with non-urgent cases: submission of all non-urgent administrative litigation cases to a single procedural model, which corresponds to the previous special administrative action with certain changes. The new model is named "administrative action" and the previous common administrative action has been eliminated. This is a break with the most recent trend in Portuguese administrative litigation, but its aim is to bring greater simplification. Simplification and a new legal framework for litigation to challenge rules: simplification and clarification, particularly in respect of actions claiming the invalidity of regulatory rules when the main claim does not relate to those rules. Creation of a new urgent procedure for multi-party actions: introduction of a new form of urgent procedure for multi-party actions (with more than 50 parties), in the areas of competitive hiring/promotion, testing of staff/candidates and recruitment processes. Besides creating this new form of urgent process, the CPAC has maintained the "classic" urgent procedures corresponding to litigation about administrative acts related to electoral matters, as well as the procedure relating to the formation of contracts Changes to urgent pre-contractual litigation: firstly, the scope of application of urgent pre-contractual litigation is broadened to cover litigation...

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