Author(s) Clara Alexandra Miranda Pereira
Advisor(s) Isabel Celeste M. Fonseca
Year 2017
Synopsis The recent reform of administrative litigation, in which the transformation of the jurisdiction from judicial tribunals to administrative tribunals takes place, namely, in the matter of challenges to administrative decisions on sanctions, relating to administrative offences in order to give final decision-making powers to the administrative authorities (in other words, appeals, since it is an appeal that is in in question), was, however, short of what was expected, inasmuch as legislative approval did not materialize, and in all likelihood will not correspond to the urgent need to give the administrative courts full jurisdiction over administrative offences. Nevertheless, such may be the lever for a future legislative change – to actually operate a real revolution in the jurisdiction of Administrative courts in matters of administrative offences, not only in those concerning town planning offences. However, we have to give it time, and if it is true that from the outside, there seem to be several offences related to urbanism law, jurisdictional practice will show if this is so, or if, indeed, where it seemed that only a window was opened, a door finally was, through which not only illicit urban planning, but a whole set of situations directly or indirectly linked to it, complementary or connected, can enter.
See more here.
Author(s) Clara Alexandra Miranda Pereira
Advisor(s) Isabel Celeste M. Fonseca
Year 2017
Synopsis The recent reform of administrative litigation, in which the transformation of the jurisdiction from judicial tribunals to administrative tribunals takes place, namely, in the matter of challenges to administrative decisions on sanctions, relating to administrative offences in order to give final decision-making powers to the administrative authorities (in other words, appeals, since it is an appeal that is in in question), was, however, short of what was expected, inasmuch as legislative approval did not materialize, and in all likelihood will not correspond to the urgent need to give the administrative courts full jurisdiction over administrative offences. Nevertheless, such may be the lever for a future legislative change – to actually operate a real revolution in the jurisdiction of Administrative courts in matters of administrative offences, not only in those concerning town planning offences. However, we have to give it time, and if it is true that from the outside, there seem to be several offences related to urbanism law, jurisdictional practice will show if this is so, or if, indeed, where it seemed that only a window was opened, a door finally was, through which not only illicit urban planning, but a whole set of situations directly or indirectly linked to it, complementary or connected, can enter.
See more here.