Da urgência no cumprimento efectivo das providências cautelares dos Tribunais Administrativos | 2017

Author(s) Miguel Duarte Patacas de Areia Losa
Advisor(s) Isabel Celeste M. Fonseca
Year 2017

Synopsis The present study intents to be a critical consideration of the juridical regime of the interim injunction enforcement, whenever it has been issued by an administrative court. To this end, we began by reviewing the principle of effective legal protection, namely by means of the concept that has been considered by the European Court of Human Rights (ECHR). Thus, mentioning the right to justice within a reasonable time frame appeared to be a fundamental point to make in the present study. In addition, and using the administrative procedural law Code (CPTA) as subject of review, we examined the typical non suspensory effect and its exceptions resulting from the procedural initiative. Thereafter, a general description of the accelerated procedures, as predicted by the legislator, is done. We also took into consideration the specific functions that the aforementioned urgent procedures aim to perform. Just before starting the analysis of the juridical regime of the interim injunction enforcement, we identified the legal norms set in the Code (CPTA) that, being only a part of the general regime of an urgent procedure, have an executive nature, i.e., intent to enforce the Court`s decision and strengthen an effective remedy. In the following section, we have done an introductory review of the juridical regime of the interim injunction enforcement as it is provided in art. 127th of the CPTA and we outlined the more evident issues on that matter by studying the little significant case law. After that, we have done a comprehensive description of the above regime as it is laid in the Code (CPTA), i.e., a de iure condito analysis. Finally, and maybe somewhat boldly, we attempted to provide some suggestions on how to improve the juridical regime of the interim injunction enforcement, ensuring a judicial protection enhancement.

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