I. EDITORIAL – MEASURES TO SUPPORT VICTIMS OF FOREST FIRES
As a consequence of the October forest fires, during the month of November, several measures were approved to support the victims of forest fires and the regions affected by them, of which are highlighted the Decree-Law no. 142/2017, of November 14, which approves the Permanent Housing Reconstruction Support Program, and the
Ministerial Ordinance no. 359-B/2017, of November 21, which creates a guaranteed credit line to support cash-flow needs of operators of the forest-industrial sector of the locations most affected by the forest fires.
In addition, in November came into force Law 89/2017, of August 21, which approved the Legal Regime of the Central Registry of Beneficial Ownership of companies (“RCBE”). The RCBE, in compliance with the EU Directives, implements several measures towards fiscal transparency, namely by requiring legal entities to supply information on the natural persons who, albeit indirectly or through a third party, hold ownership or effective control of the entities subject to this Law.
In the context of case-law, we point out the Judgment of the Court of Justice of the European Union of 30 November 2017, in Case C-265/16, concerning issues of copyright and related rights, as well the Judgment of the Portuguese Constitutional Court of 16 November, in Case n.º 225/17, which judged to be unconstitutional the direct application of article no. 28, of the Portuguese Code of Insolvency and Business Rescue Proceedings (“CIRE”), when the request for the insolvency of a company is made by the provisional insolvency administrator. To directly apply said article would entail the immediate recognition of the insolvency of a company without a trial.
Finally, concerning miscellaneous issues, it is worth mentioning yet another approval of National Budget, the third of this Government, which maintains a path of steady reduction of the public debt; as well as the Portuguese Finance Minister candidacy and election to the presidency of the Eurogroup – the informal entity composed of the finance ministers of the eurozone.
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