Newsletter – August 2023

case-legal19

I. EDITORIAL – ESTABLISHMENT OF THE LEGAL FRAMEWORK FOR SPORTS COMPANIES; AMENDMENT TO THE STATUTE OF THE ADMINISTRATIVE AND TAX COURTS, THE CODE OF TAX PROCEDURE AND PROCEEDINGS AND THE REGIME FOR THE EXECUTIVE PROCEDURE SECTIONS OF THE SOLIDARITY AND SOCIAL SECUTIY SISTEM

The month of August was marked, on a legislative level, by the publication of Law no. 38/2023, of August 2, approving the Major Options Law for 2023-2026 on planning and multiannual budget programming, by Law no. 39/2023, of August 4, establishing the legal framework for sports companies and repealing Decree-Law no. 10/2013 of 25 January, and by the publication of Decree-Law no. 74-B/2023, of August 28, amending the Statute of the Administrative and Tax Courts, the Code of Tax Procedure and Proceedings and the regime of the executive procedure sections of the solidarity and social security system.

Also noteworthy, at the legislative level, are:

  • Law no. 40/2023, of August 10, which strengthens the mechanisms for dealing with violence in sport, amending Law no. 39/2009 of 30 July;
  • Law no. 45/2023, of August 17, which strengthens the protection for victims of sex crimes, amending the Penal Code, Law no. 34/2004 of July 29 and the Victim’s Statute; and
  • Law no. 52/2023, of August 28, completing the transposition of Council Framework Decision 2002/584/JHA of 13 June 2002, Directive (EU) 2010/64 of 20 October 2010, Directive (EU) 2012/13 of 22 May 2012 and Directive (EU) 2013/48 of 22 October 2013 of the European Parliament and of the Council on criminal procedure and the European arrest warrant, amending Law no. 65/2003 of 23 August and the Code of Criminal Procedure.

Within the scope of case law, it is worth highlighting the Judgement of the Constitutional Court of August 29, Case no. 880/2023, in which it was decided “not to rule that articles 1, 2, 3 and 4 of Assembly of the Republic Decree no. 77/XV, approved by the Assembly of the Republic on July 19, 2023 (published in the Diary of the Assembly of the Republic, II Series – A, Number 2623 and sent to the President of the Republic for approval) who clarify the sanctioning regime regarding the possession of drugs for consumption regardless of quantity and establishes the regular deadlines for updating the regulatory rules, amending Decree-Law no. 15/93, of January 22, and Law no. 30/2000, of November 29, are unconstitutional.”.

Finally, under Miscellaneous, it’s worth highlighting the approval of the following documents:

  • The decree-law that introduces a set of changes associated with the implementation of the new programming framework for European funds (2021-2027) to the decree-law that created the Agency for Development and Cohesion I.P. (AD&C);
  • The decree-law amending the legal regime for the recognition of academic degrees and higher education diplomas awarded by foreign colleges, especially when it’s relevant for the recruitment of doctoral graduates by institutions in the national scientific and technological system; and
  • The decree-law amending the regime for the collective transportation of children and young people, extending the maximum age of vehicles used for this type of transportation in the 2023/2024 school year, which may not exceed 18 years, ensuring the requirements in terms of the technical conditions of circulation and safety of the respective vehicles.

II. LEGISLATION

Ordinance no. 248-A/2023, of August 1: Approves the Regulations for the Special Regimes for Access and Admission to College.

https://files.diariodarepublica.pt/1s/2023/08/14801/0000200008.pdf

Law no. 38/2023, of August 2: Major Options Law for 2023-2026.

https://files.diariodarepublica.pt/1s/2023/08/14900/0000300113.pdf

Ordinance no. 249/2023, of August 2: Establishes the mandatory minimum quota of 30% for Portuguese music in the musical programming of radio stations in Portugal.

https://files.diariodarepublica.pt/1s/2023/08/14900/0011400114.pdf

Law no. 39/2023, of August 4: establishes the legal framework for sports enterprises and repeals Decree-Law no. 10/2013 of 25 January;

https://diariodarepublica.pt/dr/detalhe/lei/39-2023-216714697

Decree-Law no. 65/2023, of August 7: Extends the remuneration regime applicable to the overtime work performed by doctors in emergency services and amends the legal regime for healthcare establishments.

https://files.diariodarepublica.pt/1s/2023/08/15200/0000200004.pdf

Resolution of the Council of Ministers no. 90/2023, of August 8: Approves a multi-annual expenditure program for investments covered by the reprogramming of the Recovery and Resilience Plan.

https://files.diariodarepublica.pt/1s/2023/08/15300/0003200035.pdf

Law no. 40/2023, of August 10: strengthens the mechanisms for dealing with violence in sport, amending Law 39/2009 of 30 July.

https://files.diariodarepublica.pt/1s/2009/07/14600/0487604886.pdf

Resolution of the Council of Ministers no. 92/2023, of August 14: Approves Plans under the National Strategy for Equality and Non-Discrimination – Portugal + Igual, for the period 2023-2026.

https://files.diariodarepublica.pt/1s/2023/08/15700/0001200092.pdf

Declaration of Rectification no. 18/2023, of August 16: Rectifies Decree-Law no. 54/2023, of July 14, which amends the implementing rules of the State Budget for 2023.

https://files.diariodarepublica.pt/1s/2023/08/15800/0012900129.pdf

Law no. 45/2023. of August 17: strengthens the protection for victims of sex crimes, amending the Penal Code, Law no. 34/2004 of July 29 and the Victim’s Statute;

https://files.diariodarepublica.pt/1s/2023/08/15900/0000900011.pdf

Law no. 46/2023, of August 17: Changes the maximum age of the adoptee and the minimum age of the adopter, amending the Civil Code and the Legal Regime for the Adoption Process.

https://files.diariodarepublica.pt/1s/2023/08/15900/0001200013.pdf

Ordinance no. 263/2023, of August 17: Makes the seventh amendment to Ordinance no. 224/2015, of July 27, which establishes the legal regime governing the prescription and dispensing of medication and health products and defines the information that must be provided to users.

https://files.diariodarepublica.pt/1s/2023/08/15900/0001600019.pdf

Ordinance no. 264/2023, of August 17: Establishes the operating model for the Autumn-Winter 2023-2024 Seasonal Vaccination Campaign against influenza and COVID-19 in community pharmacies.

https://files.diariodarepublica.pt/1s/2023/08/15900/0002000024.pdf

Ordinance no. 265/2023, of August 17: Makes the first amendment to Ordinance no. 181/2017, of May 31, which creates the online civil registration certificate, defining and regulating its scope, access conditions, validity period and fees.

https://files.diariodarepublica.pt/1s/2023/08/16000/0001300014.pdf

Law no. 48/2023, of August 22: Establishes the specific regime for the compensation of damages arising from accidents at work for professional sports practitioners and repeals Law no. 27/2011, of June 16.

https://files.diariodarepublica.pt/1s/2023/08/16200/0000200007.pdf

Decree-Law no. 72/2023. of August 23: Approves the legal regime for land registry and establishes the National Registration Information System and the registration map.

https://files.diariodarepublica.pt/1s/2023/08/16300/0000200045.pdf

Decree-Law no. 73/2023, of August 23: Transposes Directive (EU) 2021/2101 regarding the disclosure of income tax information by certain companies and branches.

https://files.diariodarepublica.pt/1s/2023/08/16300/0004600053.pdf

Ordinance no. 268/2023, of August 23: Proceeds to the second amendment of Ordinance no. 230/2018, of August 17, which regulates Decree-Law no. 37/2018, of June 4, in its current version, which creates the 1st Right – Support Program for Access to Housing.

https://files.diariodarepublica.pt/1s/2023/08/16300/0005400071.pdf

Decree-Law no. 74/2023, of August 25: Establishes the terms for implementing the mechanisms for faster career progression for nursery school teachers and primary and secondary school teachers.

https://files.diariodarepublica.pt/1s/2023/08/16500/0000200004.pdf

Law no. 50/2023, of August 28: Authorizes the government to reform and simplify licensing in the field of urban planning and land use planning.

https://files.diariodarepublica.pt/1s/2023/08/16600/0000300005.pdf

Law no. 51/2023, of August 28: Defines the goals, priorities, and guidelines of criminal policy for the 2023-2025 biennium, in compliance with Law no. 17/2006, of May 23, which approves the Criminal Policy Law.

https://files.diariodarepublica.pt/1s/2023/08/16600/0000600018.pdf

Law no. 52/2023, of August 28: Completes the transposition of Council Framework Decision 2002/584/JHA of 13 June 2002, Directive (EU) 2010/64 of 20 October 2010, Directive (EU) 2012/13 of 22 May 2012 and Directive (EU) 2013/48 of 22 October 2013 of the European Parliament and of the Council on criminal procedure and the European arrest warrant, amending Law 65/2003 of 23 August and the Code of Criminal Procedure.

https://files.diariodarepublica.pt/1s/2023/08/16600/0001900023.pdf

Decree-Law no. 74-B/2023, of August 28: Amends the Statute of the Administrative and Tax Courts, the Code of Tax Procedure and Proceedings and the regime of the executive procedure sections of the solidarity and social security system.

https://files.diariodarepublica.pt/1s/2023/08/16601/0000400013.pdf

Decree-Law no. 75/2023, of August 29: Defines a special measure to accelerate the career development of workers with a public employment contract.

https://files.diariodarepublica.pt/1s/2023/08/16700/0000300004.pdf

Ordinance no. 272/2023, of August 30: Proceeds with the second amendment to Ordinance no. 54/2011, of January 28, which creates the service of online availability of non-certified information, on the description of the building and the identification of the owner, known as simplified land information.

https://files.diariodarepublica.pt/1s/2023/08/16800/0000600007.pdf

Law no. 53/2023, of August 31: Transposes Directive (EU) 2021/1883 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, amending Laws 23/2007 of July 4, 53/2007, of August 31, 63/2007 of November 6, 27/2008 of June 30 and 73/2021 of November 12.

https://files.diariodarepublica.pt/1s/2023/08/16900/0000700024.pdf

Resolution of the Assembly of the Republic, no. 104/2023, of August 31: Approves the Treaty on the Electronic Transmission of Requests for International Legal and Judicial Cooperation between Central Authorities, signed in Medellín on July 24 and 25, 2019.

https://files.diariodarepublica.pt/1s/2023/08/16900/0002500038.pdf

Resolution of the Assembly of the Republic no. 107/2023, August 31: Approves the Protocol Amending the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

https://files.diariodarepublica.pt/1s/2023/08/16900/0008300112.pdf

III. CASE-LAW

III.1. Court of Justice of the European Union

III.2. Constitutional Court

Judgement of the Constitutional Court no. 524/2023, of August 29, Case no. 880/2023:

“For the reasons set above, the court decided not to rule that articles 1, 2, 3 and 4 of Assembly of the Republic Decree no. 77/XV, approved by the Assembly of the Republic on July 19, 2023 (published in the Diary of the Assembly of the Republic, II Series – A, Number 2623 and sent to the President of the Republic for approval) who clarify the sanctioning regime regarding the possession of drugs for consumption regardless of quantity and establishes the regular deadlines for updating the regulatory rules, amending Decree-Law no. 15/93, of January 22, and Law no. 30/2000, of November 29, are unconstitutional.”.

https://www.tribunalconstitucional.pt/tc/acordaos/20230524.html

III.3. Judicial Courts

III.4. Administrative and Tax Courts

IV. BRIEFS
IV.1. DOCTRINE
IV.1.1.  Monographs and Periodic Publications

Luís Couto Gonçalves, Manual de Direito Industrial, Almedina, agosto 2023.

Luís Manuel Teles Menezes Leitão, Direito do Trabalho, Almedina, agosto 2023.

Alberto de Sá e Mello, Manuel de Direitos de Autor e Direitos Conexos, Almedina, agosto 2023.

Miguel Pestana de Vasconcelos, Direito das Garantias, Almedina, agosto 2023.

Diogo Pereira Coelho, Introdução ao Enquadramento da Tributação de Criptoativos em Sede de IRS, Almedina, agosto 2023.

Raquel Cardoso, As Funções do Direito Penal Europeu e a Legitimidade da Criminalização, Almedina, agosto 2023.

IV.1.2. Generic Guidelines & Cia

Notice no. 14922/2023, of August 9, General Directorate for Treasury and Finance:

Subject: Supplementary default interest rates in place for the 2nd half of 2023.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/diplomas_legislativos/Documents/Aviso_14922_2023.pdf

IV.2. Miscellaneous
IV.2.1. Economy, Finance and Taxation

On August 24, the Council of Ministers approved:

  • The decree-law revising IT careers, providing for an improvement in the remuneration structure of these careers and creating a remuneration supplement dependent on the exercise of project or activity coordination functions, while safeguarding the expectations of workers in the transition between careers;
  • The decree-law that introduces a set of changes associated with the implementation of the new programming framework for European funds (2021-2027) to the decree-law that created the Agency for Development and Cohesion I.P. (AD&C);
  • The decree-law amending the legal regime for the recognition of academic degrees and higher education diplomas awarded by foreign colleges, especially when it’s relevant for the recruitment of doctoral graduates by institutions in the national scientific and technological system; and
  • The decree-law amending the regime for the collective transportation of children and young people, extending the maximum age of vehicles used for this type of transportation in the 2023/2024 school year, which may not exceed 18 years, ensuring the requirements in terms of the technical conditions of circulation and safety of the respective vehicles.

https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=568

IV.2.2. Industrial Property

On August 2, INPI announced that it had joined on July 31 to the register industrial property (IP) – trademarks and designs – using blockchain technology. The new blockchain platform creates a high-performance, reliable and secure “Data Transfer Service” between the adhering bodies and two of the EUIPO’s main services, TMview and Designview (the world’s largest free online trademark and design data repositories), which now have 571,000 more trademarks and 58,000 more designs from Portugal. In total, the blockchain platform now has six million trademark and design registrations.

https://inpi.justica.gov.pt/Noticias-do-INPI/Portugal-adere-aos-registos-de-PI-em-Blockchain

On August 11, INPI announced that the World Intellectual Property Organization (WIPO) started making available an Intellectual Property Diagnostic tool aimed at Small and Medium-sized Enterprises (SMEs), in Portuguese. The aim of this initiative is to provide the business sector with a free self-assessment tool to help companies identify their IP assets.

https://inpi.justica.gov.pt/Noticias-do-INPI/OMPI-disponibiliza-diagnostico-de-PI-para-empresas-em-portugues

On August 14, the provisional statistical data regarding the applications and grants of Industrial Property Rights (IPR), for the month of July 2023, were made available. From this statistical data, we can highlight the following:

i) In the first seven months of the year, 502 applications were submitted (less than the 528 applications submitted in the same period of 2022). Regarding the national invention grants, 119 national inventions were granted, compared to 137 granted in the same period of 2022, which represents a decrease of 13.1%.

ii) The number of European Patent validations, submitted in Portugal in the first six months of the year, decreased when compared to the same period in the previous year, decreasing from 2.328 validations filled to 1.665 in 2023.

iii) National Trademarks and Other Distinctive Trade Signs (ODS) registered 12.954 applications from January to July 2023 (higher than the 12.300 applications submitted in the same period of 2022), representing an increase of 5.3%. In the same period, 9.519 National Trademarks and ODS were granted (9.669 in 2022).

iv) The number of objects included in national Design applications decreased, going from 520 objects in January-July 2022 to 520 in the same period of 2023, representing a decrease of 21.2%.

All statistical reports (annual and semi-annual) and monthly data related to applications and granting of Industrial Property Rights are available at the IP Observatory.

https://inpi.justica.gov.pt/Noticias-do-INPI/Direitos-de-Propriedade-Industrial-janeiro-a-julho-2023

 

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