I. EDITORIAL – DIRECTIVE (EU) 2019/1153 AND GENERAL REGIME FOR CREDIT INSTITUTIONS AND FINANCIAL COMPANIES; LEGAL REGIME FOR VENTURE CAPITAL, SOCIAL ENTREPRENEURSHIP AND SPECIALISED INVESTMENT
The month of August was characterised, in legislative terms, by the approval and publication of the Law no. 54/2021, of August 13, which transposed into national law Directive (EU) 2019/1153, which sets out rules to facilitate the use of information for the prevention, detection, investigation or prosecution of criminal offences, and also amended the General Framework of Credit Institutions and Financial Companies. On the other hand, we highlight Decree-Law no. 72/2021, of August 16, which amended the Legal Framework for Venture Capital, Social Entrepreneurship and Specialised Investment, revised the framework applicable to the venture capital investment activity and also amended Decree-Law no. 77/2017 of June 30, which creates measures to boost the capital market, with a view to diversifying corporate financing sources.
Also worthy of note at the legislative level are:
I) Decree-Law no. 70-B/2021, of August 6, which amended Decree-Law no. 227/2012, of October 25, which establishes the principles and rules to be observed by credit institutions in the prevention and regularisation of situations of default on credit agreements by bank customers and creates the extrajudicial support network for these bank customers;
II) Law no. 55/2021, of August 13 and Law no. 56/2021, of August 16, which introduced mechanisms to control the electronic distribution of judicial and administrative and tax proceedings, respectively, amending both the Code of Civil Procedure and the Code of Procedure of the Administrative Courts and the Code of Tax Procedure and Proceedings, respectively;
III) Law no. 57/2021, of August 16, which extended protection for victims of domestic violence, amending Law no. 112/2009 of September 16, the Criminal Code and the Code of Criminal Procedure.
In the scope of case law, it is worth mentioning the Judgement of the Constitutional Court of August 12, Case no. 1046/2020, which decided not to judge unconstitutional the interpretation extracted from Articles 58, no. 2, 59, nos. 1 and 2 and 101, all of the Code of Procedure in Administrative Courts (CPTA), conjugated with Article 279 of the Civil Code, according to which, in the counting of the deadline for filing a lawsuit to contest the act of adjudication in the context of pre-contractual litigation, the rule of paragraph b) of Article 279 of the Civil Code shall not be taken into account, but only the rule of paragraph c) of the same precept.
Finally, regarding Miscellaneous, we highlight the approval, on August 26, of the decree-law that amends the rules on the organisation and exploitation of the mutual betting competitions “Totobola” and “Totoloto” and establishes new percentages for the sums intended for prizes in the State’s social games.
Ordinance no. 168-B/2021, of August 2: Makes the third amendment to the Regulation of the APOIAR Programme, approved in annex to Ordinance no. 271-A/2020, of November 24.
Decree-Law no. 70/2021, of August 3: Makes the first amendment to Decree-Law no. 55/2018, of July 6, which establishes the curriculum for basic and secondary education, and approves the legal regime applicable to individual teaching and home schooling.
Ordinance no. 169/2021, of August 5: Determines the revaluation coefficients for annual remuneration.
Decree-Law no. 70-A/2021, of August 6: Undertakes the first amendment to Decree-Law no. 56-B/2021, of July 7, which alters the exceptional regime for situations of late payment of rent and establishes the guarantee of supply of essential services, within the scope of the COVID-19 disease pandemic.
Decree-Law no. 70-B/2021, of August 6: Makes the first amendment to Decree-Law no. 227/2012, of October 25, which establishes the principles and rules to be observed by credit institutions in the prevention and regularisation of situations of default on credit agreements by bank customers and creates the extrajudicial support network for these bank customers in the context of the regularisation of these situations.
Decree-Law no. 70-C/2021, of August 6: Approves exceptional measures to guarantee access to higher education for students from foreign secondary education systems.
Organic Law no. 2/2021, of August 9: Approves the Organic Law of the Bases of Organization of the Armed Forces.
Organic Law no. 3/2021, of August 9: Undertakes the second amendment to the National Defence Law, approved by Organic Law no. 1-B/2009, of July 7.
Law no. 52/2021, of August 10: Makes the first amendment, by parliamentary appreciation, to Decree-Law no. 102-D/2020, of December 10, which approves the general waste management regime, the legal regime for the landfill of waste and amends the regime for the management of specific waste flows, transposing Directives (EU) 2018/849, 2018/850, 2018/851 and 2018/852.
Decree-Law no. 71/2021, of August 11: Ensures the implementation of Regulation (EU) 2017/2394 on cooperation between national authorities responsible for the enforcement of consumer protection laws.
Law no. 53/2021, of August 12: Introduces changes to the Statute of Deputies in relation to the suspension of mandate and incompatibilities with the mandate of Deputy of the Assembly of the Republic.
Law no. 54/2021, of August 13: Transposes Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019, which lays down rules aimed at facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and amends the General Framework for Credit Institutions and Financial Companies.
Law no. 55/2021, of August 13: Introduces mechanisms to control the electronic distribution of court proceedings, amending the Civil Procedure Code, approved by Law no. 41/2013 of June 26.
Decree-Law no. 71-A/2021, of August 13: Undertakes the ninth amendment to Decree-Law no. 46-A/2020, of July 30, which creates the extraordinary support regime for the progressive recovery of companies in a situation of business crisis with a temporary reduction of the normal work period.
Law no. 56/2021, of August 16: Introduces mechanisms to control the electronic distribution of cases in the administrative and tax courts, amending the Code of Procedure of Administrative Courts and the Code of Tax Procedure and Proceedings.
Law no. 57/2021, of August 16: Extends the protection of victims of domestic violence, amending Law no. 112/2009 of September 16, the Criminal Code and the Code of Criminal Procedure.
Decree-Law no. 72/2021, of August 16: Undertakes: i) The fourth amendment to the Legal Framework for Venture Capital, Social Entrepreneurship and Specialised Investment, and the review of the framework applicable to the venture capital investment activity; ii) The third amendment to Decree-Law no. 77/2017, of June 30, which creates measures to boost the capital market, with a view to diversifying the sources of funding for companies.
Law no. 58/2021, of August 18: Obliges the declaration of membership, participation or performance of any functions in any entities of an associative nature, proceeding with: i) The second amendment to Law no. 52/2019, of July 31, which approves the regime for the exercise of functions by holders of political positions and high public positions; ii) The fifteenth amendment to the Statute of Deputies, approved by Law no. 7/93, of March 1.
Law no. 59/2021, of August 18: Establishes the legal regime for urban tree management.
Decree-Law no. 73/2021, of August 18: Undertakes the first amendment to Decree-Law no. 6/2004, of January 6, which establishes the price revision system for public and private works contracts and the acquisition of goods and services.
Law no. 60/2021, of August 19: Authorises the Government to define the requirements for access and exercise of the activity of the technicians of the Buildings Energy Certification System (SCE), approved by Decree-Law no. 101-D/2020, of December 7.
Law no. 61/2021, of August 19: Simplifies the procedures for the issue, delivery and use of the citizen’s card and materializes the right to the citizen’s card for homeless people, amending Law no. 7/2007, of February 5, and Decree-Law no. 135/99, of April 22.
Law no. 62/2021, of August 19: Approves the legal regime applicable to the donation of foodstuffs for social solidarity purposes and measures to combat food waste.
Ordinance no. 172/2021, of August 19: Approves the rules for the partial denaturing of alcohol used for industrial purposes or for therapeutic and health purposes, respectively provided for in Article 68(1) and (5) of the Excise Duty Code (CIEC).
Council of Ministers Resolution no. 114-A/2021, of August 20: Declares the situation of contingency in the context of the pandemic of the disease COVID-19.
Law no. 66/2021, of August 24: Modifies the regime for parking, overnight accommodation and parking of motorhomes, amending the Highway Code and the Regulation on Traffic Signs.
Law no. 67/2021, of August 25: Makes the third amendment to the Law-Framework for Foundations.
Decree-Law no. 74/2021, of August 25: Regulates the Cinema Law with regard to the collection of fees and the investment obligations to which operators are subject.
Declaration of Rectification no. 28/2021, of August 25: Rectifies Decree-Law no. 63/2021, of July 28, on the Digital Economy and Transition, which creates the Companies Capitalisation Fund.
Law no. 68/2021, of August 26: Approves the general principles on open data and transposes into national law Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information, amending Law no. 26/2016, of August 22.
Ordinance no. 178/2021, of August 26: Amends the regulation on the REACTIVATE SPORTS measure of the Support Fund for the Recovery of Physical and Sporting Activity, approved in annex to Ordinance no. 142-B/2021, of July 8.
Decree-Law no. 76/2021, of August 27: It transposes Directive (EU) 2019/633 on unfair trading practices in business-to-business relations in the agricultural and food supply chain.
Decree-Law no. 77/2021, of August 27: It amends the framework for sensitive areas with regard to urban waste water treatment.
Ordinance no. 179/2021, of August 27: Creates the “Digital Skills Certificate” (Certificado de Competências Digitais) programme.
Declaration of Rectification no. 28-A/2021, of August 27: Rectifies the Resolution of the Council of Ministers no. 114-A/2021, of August 20, which declares the situation of contingency in the context of the pandemic disease COVID-19.
Council of Ministers Resolution no. 119/2021, of August 31: Approves the National Strategy for the Inclusion of People with Disabilities 2021-2025.
Ordinance no. 182/2021, of August 31: Determines the extension of Ordinance no. 138-B/2021, which establishes an exceptional and temporary co-payment scheme for rapid antigen tests (TRAg) for professional use.
III.1. Court of Justice of the European Union
Judgement of the Court of Justice of August 2, Case C-262/21 PPU: Reference for a preliminary ruling. Area of freedom, security and justice. Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility. Regulation (EC) No 2201/2003. Scope of application. Article 2, point 11. Concept of “wrongful removal or retention of a child”. Hague Convention of 25 October 1980. Application for return of a young child of whom both parents have joint custody. Third-country nationals. Transfer of the child and his or her mother to the Member State responsible for examining an application for international protection pursuant to Regulation (EU) No 604/2013 (Dublin III).
“Article 2(11) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, must be interpreted as meaning that it cannot constitute an unlawful removal or retention, within the meaning of that provision, where a parent, without the agreement of the other parent, takes the child from his or her State of habitual residence to another Member State in execution of a transfer decision taken by the first Member State on the basis of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person, and then remains in the second Member State after that transfer decision has been annulled, without, however, the authorities of the first Member State having decided to take back the persons transferred or to allow them to reside.”.
III.2 Constitutional Court
Judgement of the Constitutional Court no. 675/2021 of August 12, Case no. 1046/2020: Following an appeal on the constitutionality of the interpretation of the combined provisions of Articles 58(2), 59(1) and (2) and 101 of the Code of Procedure of Administrative Courts (CPTA) and Article 279(b) and (c) of the Civil Code, under the terms of which, within the scope of administrative jurisdiction, time limits for challenging pre-contractual administrative acts include, in their counting, the day of the event that triggers them, the Constitutional Court has decided: a) not to judge unconstitutional the interpretation extracted from Articles 58, no. 2, 59, nos. 1 and 2 and 101, all of the Code of Procedure in Administrative Courts (CPTA), conjugated with Article 279 of the Civil Code, according to which, in the counting of the deadline for filing a lawsuit to contest the act of adjudication in the context of pre-contractual litigation, the rule of paragraph b) of Article 279 of the Civil Code shall not be taken into account, but only the rule of paragraph c) of the same precept.
b) and, accordingly, to reject the appeal.
III.3. Administrative and Tax Court
Judgement of the Southern Central Administrative Court of August 11, Case no. 301/21.4BELSB: International protection. Duty of instruction.
IV.1.1. Monographs and Periodic Publications
João Verdade dos Santos, Francisco Metello, Manual de Administração de Condomínios, 2.ª Edição, Almedina, agosto 2021
Carlos José Batalhão (Coord.), Código de Processo nos Tribunais Administrativos – Anotações Práticas, 2ª Edição, Almedina, agosto 2021
Jorge Miranda, Direito Eleitoral, 2.ª Edição, Almedina, agosto 2021
Glória Teixeira, Manual de Direito Fiscal, 6.ª Edição, Almedina, agosto 2021
Bárbara Piairo de Sousa, A Responsabilidade Civil da Administração Tributária, Almedina, agosto 2021
IV.1.2. Generic Guidelines & Cia
Circulate Letter no. 60346/2021, de 06.08.2021, by order of the Subdirector General’s Office
Subject: Article no. 57-A of the General Tax Law – Deadlines’ deferral.
Order no. 281/2021-XXII, of 13.08.2021, by order of the Deputy Secretary of State of the Tax Affairs
Subject: Tax payment flexibilization regime according to the new article no. 57-A of General Tax Law.
IV.2.1. Economy, Finance and Taxation
The Council of Ministers approved, on August 26, the decree-law amending the rules on the organisation and exploitation of mutual betting competitions “Totobola” and “Totoloto” and establishing new percentages for the amounts intended for prizes in state social games.
The Council of Ministers also approved, on the same date, the resolution that establishes the new model of Participatory Budget Portugal, which creates the National Participation Day and launches the project Participatory Budget of Public Administration.
V. INDUSTRIAL PROPERTY
The provisional statistical data regarding Industrial Property Rights (IPR) applications and concessions, updated to the month of July 2021, have been made available.
The deadline for filing national applications in the UK and claiming the EU designation date is 30 September 2021.
In the first half of 2020, INPI granted 56.6% more Inventions, compared to the same period in 2020. Regarding applications, the applications for Trademarks, Logotypes and Other Trade Distinctive Signs (OSDC) were the modality of Industrial Property Rights (IPR) in Portugal with the highest demand at the Institute. In total, 10,179 Portuguese Trademarks and OSDCs were granted in this half-year period, which represents a growth of 26.0% compared to the first six months of the previous year (8,078).
Since its first edition, the Global Innovation Index (GII) has sought to improve understanding of the world’s innovation ecosystems in order to facilitate evidence-based policy making. In the 2021 edition, to be launched on 20 September 2021, the GII analysed the innovation performance of 132 economies based on 81 different innovation metrics.
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- I. EDITORIAL
- II. LEGISLATION
- III. CASE-LAW
- IV. BRIEFS
- V. INDUSTRIAL PROPERTY