II. LEGISLATION

Decree-Law. No. 41/2016, of 1 August: Amends the Corporate Income Tax Code, the Personal Income Tax Code, the Value Added Tax Code, the VAT Rules for Intra-Community Transactions, Decree-Law No.185/86 of 14 July, the Stamp Duty Code and the Code of Municipal Tax over Real Estate.

https://dre.pt/application/file/75058348

 

Ordinance No. 218/2016, of 9 August: Simplified Regulation of the Accounting Standardization System for Public Administrations.

https://dre.pt/application/file/75120615

 

Decree-Law No. 42-A/2016 – Institutes the Environmental Fund, establishing the rules for the respective assignment, management, monitoring and implementation and extinguishes the Portuguese Carbon Fund, the Environmental Intervention Fund, the Water Resources Protection Fund and the Fund for the Conservation of Nature and Biodiversity.

https://dre.pt/application/file/75150138

 

Regional Legislative Decree No. 37/2016/M: Adapts to Autonomous Region of Madeira the Act No. 52/2015, of 9 June, which approved the Legal Regime of the Public Passenger Transport Service (RJSPTP).

https://dre.pt/application/file/75150152

 

Act No. 23/2016, of 19 August: Amends the special regulations applicable to deferred tax assets, approved in annex to Act No. 61/2014, of August 26.

https://dre.pt/application/file/75171183

 

Act No. 24/2016, of 22 August: Establishes a system of fuel tax refunds for freight transport companies, changing the Code of Special Consumer Taxes..

https://dre.pt/application/file/75180113

 

Act No. 25/2016, of 22 August: Regulates the surrogate agreement.

https://dre.pt/application/file/75180114

 

Decree-Law No. 47/2016, of 22 August: Amends the partial exemption regime for income from patents and other intellectual property rights according to article 50-A of the Corporate Income Tax Code.

https://dre.pt/application/file/75180120

 

Act No. 27/2016, of 23 August: approves measures to create a network of centers of official collection of animals, and prohibits the slaughter of stray animals as a method of population control.

https://dre.pt/application/file/75171217

 

Act No. 28/2016, of 23 August: Aiming to fight modern forms of forced labor, proceeding to the eleventh amendment to the Labour Code, approved by Act No. 7/2009 of 12 February, the fifth amendment to the legal framework of the promotion of health and safety at work, approved by Act No. 102/2009 of 10 September, and the third amendment to the legal regime of exercise and licensing of private employment agencies and temporary employment agencies, approved by Decree-law No. 260/2009 of 25 of September.

https://dre.pt/application/file/75171218

 

Act. 32/2016, of 23 August: First amendment to Act No. 81/2014 of 19 December, which establishes the new lease arrangements supported for housing and repealing Act No. 21/2009 of 20 May, and the Decree-Laws Nos. 608/73 of 14 November, and 166/93, of May 7.

https://dre.pt/application/file/75194327

 

Act No. 34/2016, of 23 August: Eliminates the requirement for fortnightly presentation of the unemployed.

https://dre.pt/application/file/75194329

 

Organic Law No. 1/2016, of 26 August: Second amendment to Act No. 17/2003, of 4 June (citizens’ legislative initiative), and fifth amendment to Act No. 15-A/98, of 3 April (Organic Law of the Referendum System), reducing the number os signatures required to trigger legislative and referendum initiatives from voting citizens.

https://dre.pt/application/file/75212777

 

Decree-Law No. 58/2016, of 29 August: Establishes the obligation to provide priority service to people with disabilities or incapacity, elderly, pregnant people and people accompaning infants, for all public and private entities that provide in-person assistance to the public.

https://dre.pt/application/file/75217576

 

 

III. CASE-LAW

III.1. Court of Justice of the European Union

Judgment of the Court, of 28 July 2016, Case C-168/15: Request for a Preliminary ruling – Consumer protection – Directive 93/13 / EEC – Unfair terms in contracts concluded with consumers – Credit contract containing an unfair term – Enforcement of an arbitration judgment made under this clause – Responsibility of a member State for damage caused to individuals by violations of the Union  Law attributable to a national court – Conditions of engagement – Existence of a sufficiently serious breach of EU law.

http://eur-lex.europa.eu/legal-content/PT/TXT/?qid=1472571421698&uri=CELEX:62015CJ0168

 

Judgment of the Court, of 28 July 2016, Case C-57/15: Reference for a preliminary ruling – Intellectual property rights – Directive 2004/48/EC – Article 14 – Legal costs – Lawyers’ fees – Flat-rate reimbursement – Maximum amounts – Costs of a technical adviser – Reimbursement – Condition of fault on the part of the unsuccessful party.

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62015CJ0057

 

 

III.2. Constitutional Court

 

Judgment No. 463/2016, Case No. 126/16: Does not declare unconstitutional the rule contained in article 125, paragraph 1, point c) of the Criminal Code, when interpreted in the sense that the fulfillment of a custodial sentence in a separate process, by the same convicted, configures cause of suspension of the penalty’s prescription under that legal provision, although the last sentence is a suspended prison sentence, on probation.

http://www.tribunalconstitucional.pt/tc/acordaos/20160463.html