I. EDITORIAL – NEW REGIME OF DISTANCE CONTRACTS

In October, the Decree-Law No. 78/2018 of 15 October, amending the legal regime applicable to distance and off-premises contracts, was published, completing the transposition of Directive 2015 / 2302, amending Decree-Law No. 24/2014, of February 14, in its current version.

This amendment is part of a European legal framework gradually adopted to strengthen the consumer protection in long distance transactions and / or electronic transactions. In addition, this diploma clarifies the scope of some legal obligations to the activity of travel agencies and tourism activities.

Also, in October, the Regulatory Decree No. 10/2018 of October 3 created an Authority for the prevention and fight against violence in Sports. It’s an entity with administrative autonomy, whose mission is to prevent and supervise of compliance with the legal regime to combat violence, racism, xenophobia and intolerance in sporting events, to enable them to be carried out safely.

Regarding case-law, note the Judgment of the Constitutional Court No. 367/2018 of October 17, which declares the unconstitutionality, with general binding force, of the norms in Article 2 (1), Article 3 (2) and Article 4 (2) of the Regulation of the Municipal Tax of Civil Protection of Vila Nova de Gaia, for violation of the provisions of Article 103 (2) and Article 165 (1) (i) of the Constitution of the Portuguese Republic and the Judgment of the Supreme Court of Justice No. 5/2018 of October 30, that determines that the insolvency of the injured party doesn’t determine the supervenience of the claim for civil damages brought in criminal proceedings.

Regarding to Miscellaneous, we highlight the proposal for the State Budget for 2019.