Best Administrative Lawyers in Portugal

About Administrative Law in Portugal

Administrative law in Portugal is a branch of public law that governs the activities of the administrative authorities of the country. This area of law ensures that government actions comply with the law and that citizens' rights are protected when interacting with governmental entities. Portuguese administrative law is integral in regulating the functioning and conduct of public administration, including the creation, modification, and termination of legal relationships between individuals and public authorities.

Why You May Need a Lawyer

Individuals or entities may require legal assistance in administrative matters for various reasons, including disputes with government authorities, issues related to public services, or regulatory compliance. Common situations where an administrative lawyer's expertise might be necessary include contesting a government decision, filing an appeal against administrative sanctions, obtaining permits or licenses, dealing with issues related to public procurement, and ensuring compliance with complex regulatory frameworks.

Local Laws Overview

Portuguese administrative law is heavily influenced by the principles of legality, equality, and proportionality. These principles are enshrined in the Portuguese Constitution and various legislative acts, such as the Code of Administrative Procedure (Código do Procedimento Administrativo). Key aspects of local laws include the public procurement law, which governs the bidding process and awarding of public contracts, and the regulation of public services, such as health, education, and infrastructure. Additionally, Portuguese administrative law covers the procedures for administrative appeals and the function of administrative courts, which are responsible for resolving disputes between individuals and public authorities.

Frequently Asked Questions

What is the role of administrative courts in Portugal?

Administrative courts in Portugal adjudicate disputes between citizens and public authorities. They ensure that administrative acts comply with legal standards and protect citizens' rights when they are affected by administrative decisions.

How can I challenge a decision made by a public authority?

To challenge a decision made by a public authority, you can file an administrative appeal with the competent authority. If unsatisfied, you can further appeal to the administrative courts.

What is the deadline for contesting an administrative decision?

The deadline to contest an administrative decision varies depending on the specific case, but generally, an appeal must be lodged within one to three months from the date of the decision.

How are public procurement processes regulated?

Public procurement processes in Portugal are regulated by the Public Contracts Code (Código dos Contratos Públicos), which provides guidelines for fair and transparent bidding and awarding of contracts.

What can I do if I receive an administrative sanction?

If you receive an administrative sanction, you can appeal the decision to the issuing authority and, if necessary, take the case to the administrative courts for resolution.

Do I need a lawyer to obtain a permit or license?

While not always necessary, having a lawyer can be beneficial to navigate complex regulations and ensure compliance when applying for permits or licenses.

What types of disputes can be resolved by administrative courts?

Administrative courts resolve disputes related to government decisions, contracts with public administration, expropriations, and other conflicts involving public authorities.

Is it possible to negotiate with administrative authorities?

Yes, negotiation is possible, and alternative dispute resolution methods such as mediation can be used to reach amicable settlements with administrative authorities.

What are my rights when dealing with public services?

Citizens have the right to access public services under non-discriminatory terms, ensure transparency in service delivery, and request accountability for any issues with public services.

Are administrative procedures different for foreigners in Portugal?

The basic principles and procedures of administrative law apply equally to all individuals, but specific regulations may exist for foreigners, especially regarding immigration and residency permits.

Additional Resources

For additional assistance, consider reaching out to the following resources: the Attorney General's Office (Procuradoria-Geral da República), the Portuguese Administrative and Fiscal Courts, and the Directorate-General for Administration and Public Employment (Direção-Geral da Administração e do Emprego Público). These bodies can provide guidance and support regarding administrative procedures and legal requirements.

Next Steps

If you require legal assistance in administrative matters, consider consulting with a lawyer specializing in administrative law. Research law firms or individual practitioners with relevant experience, and prepare any necessary documentation related to your case. Contact the administrative authority involved in your issue to gain a clearer understanding of the procedural steps or deadlines. Lastly, explore alternative dispute resolution methods, such as negotiation or mediation, as viable options for resolving conflicts with administrative bodies.