I. EDITORIAL – AMENDMENT TO THE NATIONALITY LAW; EXTENSION OF THE EXCEPTIONAL MEASURES TO SIMPLIFY PROCEDURES FOR PRODUCING ENERGY FROM RENEWABLE SOURCES
The month of March was marked, at a legislative level, by the publication of Organic Law no. 1/2024, of 5 March, which made the tenth amendment to Law no. 37/81, of 3 October, approving the Nationality Law, and by the publication of Decree-Law no. 22/2024, of 19 March, which extends the exceptional measures to simplify procedures for producing energy from renewable sources.
Also noteworthy, at a legislative level, are:
- Resolution of the Council of Ministers no. 48/2024, of 25 March, which approves the draft of investment tax contracts, amendments and terminations of investment tax contracts, to be signed between the Portuguese State and various entities;
- Ordinance no. 117/2024/1, of 27 March, which regulates electronic communications between the courts and the Public Prosecution Service and the commercial and land registry services;
- Resolution of the Council of Ministers no. 55/2024, of 28 March, which determines the exceptional VAT eligibility regime and the simplification of procedures associated with the Development and Maintenance of a rescEU Stockpile Project.
Within the scope of case law, the month of March is highlighted by the Judgement of the Constitutional Court no. 198/2024, of 12 March, Case no. 489/2023, in which it was decided: "to not declare unconstitutional the rule contained in article 407, paragraphs 1 and 2, of the Code of Criminal Procedure, interpreted as meaning that an appeal submitted against a decision handed down at the trial stage, but before the trial has begun, which dismisses the nullity of the indictment, should not be submitted immediately, so as its retention does not render it absolutely useless and it does not fall within the possibility set out in that paragraph 2, namely in point a).
Finally, under Miscellaneous, it is worth highlighting the approval, by the Council of Ministers of the National Strategy for the Inclusion of People Experiencing Homelessness 2025-2030.
II. LEGISLATION
Ordinance no. 78/2024/1, of March 4: Extends the deadline laid down in article 1 of Ordinance no. 92-A/2023, of March 28.
https://files.diariodarepublica.pt/1s/2024/03/04500/0002300023.pdf
Ordinance no. 79/2024/1, of March 4: Proceeds with the first amendment to Ordinance no. 415/2023, of December 7, which establishes the conditions for the creation, installation, organisation and operation of the social response personal assistance service for people with disabilities, based on the development of the Independent Living Support Model.
https://files.diariodarepublica.pt/1s/2024/03/04500/0002400028.pdf
Organic Law no. 1/2024, of March 5: Tenth amendment to Law no. 37/81, of October 3, approving the Nationality Law.
https://files.diariodarepublica.pt/1s/2024/03/04600/0000200019.pdf
Ordinance no. 81/2024/1, of March 5: Approves the structure and content of the file and the conditions for its electronic submission for the purposes of complying with the obligations to communicate registrations provided for in article 7 no. 1 of Law no. 81/2023, of December 28.
https://files.diariodarepublica.pt/1s/2024/03/04600/0003100032.pdf
Declaration of Rectification no. 16/2024/1, of March 6: Rectifies the Declaration of Rectification no. 12/2024, which rectifies Law no. 13/2024, of January 19 - establishes support measures for olympic, paralympic, deaflympic and high-performance sports practitioners after the end of their sporting career, amending Decree-Law no. 272/2009, of October 1.
https://files.diariodarepublica.pt/1s/2024/03/04700/0000200003.pdf
Ordinance no. 95/2024/1, of March 11: Defines the co-payment model for the redevelopment of the residential care system.
https://files.diariodarepublica.pt/1s/2024/03/05000/0020700209.pdf
Ordinance no. 104/2024/1, of March 14: Regulates the terms of the funding for the system of dispensing medicines and health products in proximity, provided for in Decree-Law no. 138/2023, of December 29.
https://files.diariodarepublica.pt/1s/2024/03/05300/0001300015.pdf
Ordinance no. 105/2024/1, of March 14: Defines, dematerialises, and simplifies the procedures for the registration and automatic electronic publication of study cycles and their respective changes.
https://files.diariodarepublica.pt/1s/2024/03/05300/0001600021.pdf
Ordinance no. 106/2024/1, of March 14: Regulates Decree-Law no. 138/2023, of December 29, which creates the proximity dispensation of medicines and health products prescribed for hospital outpatients, within the scope of the establishments and services of the National Health Service (SNS).
https://files.diariodarepublica.pt/1s/2024/03/05300/0002200025.pdf
Decree-Law no. 21/2024, of March 19: Creates the Incentive Programme for Public Collective Passenger Transport (Incentiva+TP).
https://files.diariodarepublica.pt/1s/2024/03/05600/0000200011.pdf
Decree-Law no. 22/2024 of March 19: Extends the exceptional measures to simplify procedures for producing energy from renewable sources.
https://files.diariodarepublica.pt/1s/2024/03/05600/0001200013.pdf
Ordinance no. 111/2024/1, of March 20: Proceeds with the first amendment to the "Agenda for Business Innovation" Incentive System Regulation, approved by Ordinance no. 43-A/2022, of January 19.
https://files.diariodarepublica.pt/1s/2024/03/05700/0000800012.pdf
Ordinance no. 112/2024/1, of March 21: Ordinance extending the collective agreement between the Portuguese Footwear, Components and Leather Goods Manufacturers' Association - APICCAPS and the Union of Industries and Related Companies - SINDEQ.
https://files.diariodarepublica.pt/1s/2024/03/05800/0000200004.pdf
Ordinance no. 112-A/2024/1, of March 22: Creates the Portuguese Network of Writers' Houses.
https://files.diariodarepublica.pt/1s/2024/03/05801/0000200004.pdf
Ordinance no. 114/2024/1, of March 22: Defines the governance and operating model for the national vaccination programmes and campaigns.
https://files.diariodarepublica.pt/1s/2024/03/05900/0000700017.pdf
Resolution of the Council of Ministers no. 43/2024, of March 25: Establishes the source of the funding for the extraordinary and exceptional support to mitigate the effects of the increase in fuel prices in the heavy public passenger transport sector.
https://files.diariodarepublica.pt/1s/2024/03/06000/0000500005.pdf
Resolution of the Council of Ministers no. 48/2024, of March 25: Approves the draft of investment tax contracts, amendments and terminations of investment tax contracts, to be signed between the Portuguese State and various entities.
https://files.diariodarepublica.pt/1s/2024/03/06000/0001300014.pdf
Ordinance no. 115/2024/1, of March 25: First amendment to Ordinance no. 366/2013, of December 23, which establishes the procedure for granting licences for the operation of vehicular natural gas (GNV) filling stations, on a public or private service basis, in the form of compressed natural gas (GNC) and liquefied natural gas (GNL), determines the safety regulations applicable to the design, construction, operation and maintenance of GNL filling stations and repeals Ordinance no. 468/2002, of April 24.
https://files.diariodarepublica.pt/1s/2024/03/06000/0001600026.pdf
Resolution of the Council of Ministers no. 49/2024, of March 26: Determines the creation of an incentive system for "Investments in Strategic Sectors", within the scope of the Contractual Investment Regime and under the Temporary Crisis and Transition Framework.
https://files.diariodarepublica.pt/1s/2024/03/06100/0011100112.pdf
Resolution of the Council of Ministers no. 50/2024, of March 26: Creates the Mission Structure for the Licensing of Renewable Energy Projects 2030.
https://files.diariodarepublica.pt/1s/2024/03/06100/0011300116.pdf
Ordinance no. 116/2024/1, of March 26: Amends Ordinance no. 100-A/2021, of May 11, which sets out the nuclear structure of the Directorate-General for Administration and Public Employment.
https://files.diariodarepublica.pt/1s/2024/03/06100/0011700119.pdf
Ordinance no. 117/2024/1, of March 27: Regulates electronic communications between the courts and the Public Prosecution Service and the commercial and land registry services;
https://files.diariodarepublica.pt/1s/2024/03/06200/0000200004.pdf
Resolution of the Council of Ministers no. 55/2024, of March 28: Determines the exceptional VAT eligibility regime and the simplification of procedures associated with the Development and Maintenance of a rescEU Stockpile Project.
https://files.diariodarepublica.pt/1s/2024/03/06300/0001000012.pdf
III. Public Procurement1 [NEW]
Announcement no. 3509/2024, of March 4: Purchase of travel, accommodation, related services and other services for ISEP – Porto School of Engineering - €1.340.000,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/045/417364143.pdf
Announcement no. 3541/2024, of March 4: Purchase of updates and support for SAP and SAP S/4HANA software – Institute of Computer Science, I. P. - €1.136.083,88 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/045/417420802.pdf
Announcement no. 3542/2024, of March 4: Conclusion of health insurance contract and acquisition of brokerage services for Águas de Portugal Group companies (2024_008CP) - AdP - Águas de Portugal, SGPS, S. A. - €2.656.901,44 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/045/417376642.pdf
Announcement no. 3543/2024, of March 4: Conclusion of health insurance contract and acquisition of brokerage services for Águas de Portugal Group companies (2024_009CP) - AdP - Águas de Portugal, SGPS, S. A. - €2.601.813,15 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/045/417377452.pdf
Announcement no. 3561/2024, of March 5: Requalification of the Baião Multipurpose Pavilion - Municipality of Baião - €1.090.000,00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/046/417423257.pdf
Announcement no. 3568/2024, of March 5: Contract 33/GEBALIS/2024 - Bairro Alta de Lisboa - PER 3 - Building rehabilitation and conservation works - GEBALIS – MANAGEMENT OF NEIGHBOURHOODS OF LISBON, EM - €2.678.143,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/046/417429908.pdf
Announcement no. 3569/2024, of March 5: Contract 31/GEBALIS/2024 - Bairro Sargento Abílio - Building rehabilitation and conservation works – GEBALIS - MANAGEMENT OF NEIGHBOURHOODS OF LISBON, EM - €3.067.080,60 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/046/417430417.pdf
Announcement no. 3570/2024, of March 5: Bairro of Olaias - Contract for the rehabilitation and conservation of buildings - GEBALIS- MANAGEMENT OF NEIGHBOURHOODS OF LISBON, EM - €2.089.080,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/046/417430709.pdf
Announcement no. 3571/2024, of March 5: Bairro of Boavista - Contract for the rehabilitation and conservation of the buildings at Rua das Azáleas lots 63 to 66 and 73 to 76, Rua Rainha D. Catarina lots 67, 68, 69, 70, 71, 72 - GEBALIS - MANAGEMENT OF NEIGHBOURHOODS OF LISBON, EM - €2.443.290,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/046/417430863.pdf
Announcement no. 3597/2024, of March 5: Contract 32/GEBALIS/2024- Bairro Alta de Lisboa ¿ PER 9 ¿ Building rehabilitation and conservation works - GEBALIS- MANAGEMENT OF NEIGHBOURHOODS OF LISBON, EM - €2.281.077,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/046/417431681.pdf
Announcement no. 3629/2024, of March 6: Requalification of the Dr. João Gomes Patacão garden - Moscavide - Municipality of Loures - €1.598.194,41 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/047/417420576.pdf
Announcement no. 3835/2024, of March 8: Contract for temporary emergency housing in Fundão – Fundão Holy House of Mercy - €1.399.750,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/049/417448416.pdf
Announcement no. 3854/2024, of March 8: Rehabilitation of the Fomento dos Fortes neighbourhood (Lots no. 1, 2, 3, 4, 5, 6 and 7) - Municipality of Chaves - €4.971.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/049/417446926.pdf
Announcement no. 3914/2024, of March 11: 24AS00006572 - Implementation Services for the Justice Interoperability Platform - Institute for Financial Management and Justice Equipment, I. P. - €5.686.431,87 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417433196.pdf
Announcement no. 3923/2024, of March 11: Local housing strategy: Municipal housing under supported tenancy - Barreiros - Póvoa do Varzim Municipality - €6.146.828,01 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417443386.pdf
Announcement 3928/2024, of March 11: (DAG) Acquisition of a SWITCHS asset solution for pillar 1 - reform and modernisation of the health data network (PRR) [20240178] - SPMS - Shared Services of the Ministry of Health, E. P. E. E. - €4.952.226,11 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417448124.pdf
Announcement 3946/2024, of March 11: The contract, on a design-build basis, consists of the construction of a new bridge over Ribeira Grande and its road access, at km 041+406 of the EN245. Its completion will make it possible to re-establish the link between the two banks via the EN245, i.e. to re-establish the link between the towns of
Fronteira and Alter-do-Chão, as well as accessibility from the village of Vale de Seda to the county seat. - Infraestruturas de Portugal, S.A. - €6.000.000,00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417446512.pdf
Announcement no. 3951/2024, of March 11: Contract for the Construction of the Vidigueira Hydraulic Circuit and Respective Irrigation Block under the terms and conditions set out in the Specifications - EDIA – Alqueva Development and Infrastructure Company, S. A. - €14.750.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417452814.pdf
Announcement no. 3972/2024, of March 11: The contract will cover the following services: the supply of parts and materials; the provision of maintenance services and the training of staff directly involved in the operation of the Power Plants, all as best defined in the procedural documents - EEM – Electricity Company of Madeira, S. A. - €4.881.996,41 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417437708.pdf
Announcement no. 3975/2024, of March 11: Acquisition of equipment for the educational and training practice of the CTE - Specialised Industrial Technological Centre, equipment and furniture - ADEMINHO - Association for the Development of Vocational Education in Alto Minho Interior - €1.348.954,06 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/050/417454126.pdf
Announcement no. 4072/2024, of March 12: P007/2024 - Requalification and Expansion of the Fátima Family Health Unit (2688/2024) - Municipality of Ourém - €1,520,888.98 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/051/417459627.pdf
Announcement no. 4094/2024, of March 12: Contract for the construction of a multi-family building at Rua Comendador Gomes Correia, no. 39 to 65 - Municipality of Covilhã - €1.015.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/051/417466106.pdf
Announcement no. 4253/2024, of March 13: Local Housing Strategy - Construction of 21 dwellings in Sangalhos - Municipality of Anadia - €3.318.311,17 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/052/417475202.pdf
Announcement no. 4254/2024, of March 13: Rehabilitation of Lousã Secondary School - Municipality of Lousã - €7.547.169,81 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/052/417455811.pdf
Announcement no. 4283/2024, of March 14: Construction contract for the Campo de Ourique health unit - Lisboa Ocidental, SRU – Urban Rehabilitation Society, EM, S.A. - €2.800.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/053/417474952.pdf
Announcement no. 4302/2024, of March 14: CP/CCP/08/24 Contract for the construction of a reception building and the construction of a social building with canteen, changing rooms and laundry for the Ambilital waste management centre - Ambilital- Enviromental Investments in Alentejo EIM - €1.015.089.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/053/417476248.pdf
Announcement no. 4355/2024, of March 14: Acquisition of legal representation services - General Secretariat of the Ministry of Finance - €2.250.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/053/417460241.pdf
Announcement no. 4377/2024, of March 14: CLPQ 1/2024/DICP - Acquisition of legal representation and consultancy services on a retainer basis - Municipality of Leiria - €215.880,00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/053/417477552.pdf
Announcement no. 4433/2024, of March 15: Purchase of IT Equipment, Workbenches and Furniture for the Specialised IT Technology Centre - Anadia School Group - €1.098.530,87 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417472205.pdf
Announcement no. 4438/2024, of March 15: Contract for the construction of an Urban Park with a water mirror in Corroios - Seixal Municipality - €1.198.298,11 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417481383.pdf
Announcement no. 4446/2024, of March 15: Contract 36/GEBALIS/2024 - Bairro Alto do Lumiar - Contract for building rehabilitation and conservation works - GEBALIS - Management of Neighbourhoods of Lisbon, E. M., S. A. - €1.775.261,02 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417482233.pdf
Announcement no. 4473/2024, of March 15: Emp 2024_07 DIT (IVE) Rehabilitation of Nogueiral - Phase 1 - Municipality of Torres Novas - €1.320.912,76 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417479789.pdf
Announcement no. 4486/2024, of March 15: Purchase of Furniture and Technological Equipment for the Specialised Technological Centre - Bonfim School Group, Portalegre - €1.056.170,70 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417474969.pdf
Announcement no. 4497/2024, of March 15: Acquisition of legal services in the area of public procurement, on a retainer basis, for the year 2024- SGEC - General Secretariat of the Ministry of Education and Science - €14.940,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417486105.pdf
Announcement no. 4502/2024, of March 15: Acquisition of legal representation services, on a retainer basis, for the year 2024- SGEC - General Secretariat of the Ministry of Education and Science - €14.940,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417486779.pdf
Announcement no. 4518/2024, of March 15: Public works contracts for the construction of the housing complex relating to the PIA.06 Casquilho Poente project, located in Almada - Housing and Urban Rehabilitation Institute, I. P. - €9.980.000,00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417473956.pdf
Announcement no. 4549/2024, of March 15: Construction of Cost-Controlled Housing Buildings in Eirinhas – CMPH Housing and Maintenance Company of the Municipality of Porto, E.M. - €7,200,000.00 (Acingov)
https://files.diariodarepublica.pt/cp_hora/2024/03/054/417474222.pdf
Announcement no. 4576/2024, of March 18: Acquisition of hardware, software, furniture, machinery and utensils for the Specialised Industrial Technology Centre - Marco de Canaveses School Group 1 - €1,611,102.50 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/055/417480492.pdf
Announcement no. 4594/2024, of March 18: Provision of Public Service for Regular Passenger Transport in the Municipality of Santo Tirso - Municipality of Santo Tirso - €2.071.392,61 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/055/417462883.pdf
Announcement no. 4601/2024, of March 18: Requalification of the EB 2/3 A Ribeirinha School, in Macieira da Maia, Vila do Conde - Municipality of Vila do Conde - €5.000.024,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/055/417479067.pdf
Announcement no. 4664/2024, of March 18: Contract for the Rehabilitation of 18 Houses (T3 and T4) located in Bairro do Terreiro in the Parish of São Mateus - Municipality of Angra do Heroísmo - €1.465.993,58 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/055/417483262.pdf
Announcement no. 4667/2024, of March 18: Contract for the Rehabilitation of 31 Houses (T1 and T2) located in Bairro do Terreiro in the Parish of São Mateus - Municipality of Angra do Heroísmo - €1.996.684,97 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/055/417483595.pdf
Announcement no. 4764/2024, of March 19: Rehabilitation of S. Pedro da Cova Secondary School - Gondomar Municipality - €3.158.411,33 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/056/417492148.pdf
Announcement no. 4780/2024, of March 19: Bairro da Boavista - Contract for the rehabilitation and conservation of the buildings at Rua das Azáleas lots 63 to 66 and 73 to 76, Rua Rainha D. Catarina lots 67, 68, 69, 70, 71, 72 - GEBALIS - MANAGEMENT OF NEIGHBOURHOODS OF LISBON, E. M., S. A. - €2.443,90 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/056/417499058.pdf
Announcement no. 4803/2024, of March 19: Rehabilitation of Valbom Secondary School - Municipality of Gondomar - €3.199.540,77 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/056/417494027.pdf
Announcement no. 4886/2024, of March 20: Technical and legal support for the management of contract procedures and maintenance management in lift contracts - Gebalis - Lisbon Municipal Housing Lease Management, E. M., S. A. - €610.000,00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/03/057/417492261.pdf
Announcement no. 4866/2024, of March 20: Emp_DPGOM_2024_01_ Requalification of Alcanena Secondary School - Municipality of Alcanena - €4.828.437,21 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/057/417495989.pdf
Announcement no. 4980/2024, of March 21: Gondomar Health Unit (S. Cosme) Refurbishment and Expansion of Facilities - Municipality of Gondomar - €3.530.835,58 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417498807.pdf
Announcement no. 5001/2024, of March 21: Construction of Social Housing in Guilhadeses - Municipality of Arcos de Valdevez - €1.150.208,55 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417505829.pdf
Announcement no. 5002/2024, of March 21: Procurement of Fleet Motor Insurance for the 2024-2026 Triennium - Infraestruturas de Portugal, S. A. - €1.629.683,14 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417493614.pdf
Announcement no. 5043/2024, of March 21: Construction of the new Quarteira Municipal Market and requalification of the surrounding area - Municipality of Loulé - €28.000.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417471703.pdf
Announcement no. 5054/2024, of March 21: Contract for the Rehabilitation of the Social Housing Park of the Municipality of Vila Real de Santo António - ELHVRSA (design-build) - Actions provided for in investment project RE-C02-i01 - Programme to Support Access to Housing, Component 02 - Housing, of the Recovery and Resilience Programme (PRR) - Municipality of Vila Real de Santo António - €46.290.273,49 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417490171.pdf
Announcement no. 5065/2024, of March 21: Construction of a Building for a Residential Structure for the Elderly (ERPI), of S. José, in Ferreira - Paços de Ferreira - Ferreira Social and Parochial Centre - €3.507.507,73 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417509669.pdf
Announcement no. 5089/2024, of March 21: Purchase of IT equipment - Health Service of the Autonomous Region of Madeira, EPE-RAM - €1.284.698,75 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/058/417498004.pdf
Announcement no. 5154/2024, of March 22: Acquisition of services, in batches, of PND, to support and accompany children in inclusive education and family entertainment and support activities - Municipality of Trofa - €1.390,440 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417501787.pdf
Announcement no. 5171/2024, of March 22: Case no. E00002/24/CP/SCMB - Contract for the reconstruction, alteration and extension of Casa de Santa Maria – Barcelos Holy House of Mercy - €2.790.374,30 EUR (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417505294.pdf
Announcement no. 5175/2024, of March 22: Acquisition of operational management services for low-level water supply and sanitation networks - Águas do Norte. S.A. - €1.500.000 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417500214.pdf
Announcement no. 5187/2024, of March 22: Acquisition of private security services, surveillance, alarm reception and monitoring and maintenance and technical assistance for security systems and equipment, with a view to ensuring the safety of employees, users, facilities, goods and equipment – Lisbon Holy House of Mercy - € 21.337.185,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417502978.pdf
Announcement no. 5193/2024, of March 22: Contract 32/GEBALIS/2024- Bairro Alta de Lisboa ¿ PER 9 ¿ Building rehabilitation and conservation works - Gebalis - Lisbon Municipal Housing Lease Management, E. M., S. A. - €2.281.077 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417516545.pdf
Announcement no. 5194/2024, of March 22: Bairro das Olaias - Contract for the rehabilitation and conservation of buildings - Gebalis - Lisbon Municipal Housing Lease Management, E. M., S. A. – 2.089.080 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417516578.pdf
Announcement no. 5199/2024, of March 22: Construction of the Leceia Housing Programme (NPH/07) - 96 dwellings, Barcarena - Municipality of Oeiras - €20.010.764,91 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417490163.pdf
Announcement no. 5216/2024, of March 22: Execution of a contract for the ALTERATION AND EXTENSION OF THE CACI BUILDING - ADAPECIL - Association of Love for the Education of Disabled Citizens of Lourinhã - €1.420.000 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417517671.pdf
Announcement no. 5250/2024, of March 22: Construction of 5 Plots (13 to 17) in Allotment 417, titled by Permit, with an implantation area of 1,331.00m2, located between Av. Timor Lorosae (to the south) and the impasse at Rua Quinta dos Conselheiros (to the north), next to the Fomega MTS station and the Filipa de Água Urban Park, in the so-called Quinta do Facho, located in Monte de Caparica, for a gross construction area of 5.317.00m2, of five 4-storey multi-family buildings, for affordable housing, with an application to the PRR, with typologies T1 to T4, totalling 52 dwellings - Municipality of Almada - €8.840.175,71 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/059/417496506.pdf
Announcement no. 5273/2024, of March 25: Expansion and Requalification of Conchada EB1 School - Municipality of Coimbra - €1.160.587,82 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417485636.pdf
Announcement no. 5279/2024, of March 25: Requalification of EB 2,3 de Frazão - Municipality of Paços de Ferreira - €3.754.135,56 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417495915.pdf
Announcement no. 5286/2024, of March 25: Public Procurement no. 2/2024 - Student Residence Renovation Contract - Residence I - University of Beira Interior - €2.364.764,86 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417520084.pdf
Announcement no. 5288/2024, of March 25: Provision of Public Service for Regular Passenger Transport in the Municipality of Santo Tirso - Municipality of Santo Tirso - €2.071.392,61 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417507838.pdf
Announcement no. 5292/2024, of March 25: Acquisition of legal representation services - General Secretariat of the Ministry of Finance - €2.250.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417509336.pdf
Announcement no. 5297/2024, of March 25: Requalification of the Águas de Gaia, EM, SA headquarters building - Águas de Gaia, EM, SA - €11.100.000,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417511125.pdf
Announcement no. 5324/2024, of March 25: Subscription to MICROSOFT software licences and support services for Águas de Portugal Group companies - AdP - Águas de Portugal, SGPS, S. A. - €2.812.004,33 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417507765.pdf
Announcement no. 5327/2024, of March 25: 2024_028CP Acquisition of Workmen's Compensation insurance for AdP group companies - AdP - Águas de Portugal, SGPS, S. A. - €1.044.117,32 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/060/417513134.pdf
Announcement no. 5496/2024, of March 26: Contract 2401P - Requalification and Expansion of CBES - Daycare - Maiorga Social Welfare Centre - €1.020.000,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/03/061/417528103.pdf
Announcement no. 5525/2024, of March 27: Design-build contract for the rehabilitation and extension of a group of municipal dwellings, located in Rua de Vale Figueiras, mostly vacant or without permanent occupation, consisting of 25 dwellings distributed over 12 one-bedroom units, 7 two-bedroom units and 6 three-bedroom units. - Municipality of Coimbra - €3.177.344,92 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417526338.pdf
Announcement no. 5563/2024, of March 27: Construction of Multifamily Housing Building on Rua da Federação das Coletividades do Concelho de Gondomar - Municipality of Gondomar - €2.019.550,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417532997.pdf
Announcement no. 5564/2024, of March 27: Construction of 28 townhouses - Belo Horizonte - Rua Campo do Alto S. Pedro da Cova - Municipality of Gondomar - €3.031.224,14 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417534227.pdf
Announcement no. 5565/2024, of March 27: Construction of 7 townhouses - Belo Horizonte - Rua José Coelho da Silveira - S. Pedro da Cova - Municipality of Gondomar - €1.100.896,03 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417533222.pdf
Announcement no. 5569/2024, of March 27: Contract 47/GEBALIS/2024 - Bairro Padre Cruz ¿ Building rehabilitation and conservation works - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - €2.880.297,12 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417535183.pdf
Announcement no. 5588/2024, of March 27: Rehabilitation of Housing Fractions or Buildings - Arcozelo - Ponte de Lima Municipality - €2.300.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417534365.pdf
Announcement no. 5592/2024, of March 27: Contract for the construction of three blocks of buildings and a common outdoor area, providing for the construction of a total of 142 dwellings. Three Valleys Housing Estate, Almada - Housing and Urban Rehabilitation Institute, I. P. - €27.800.000,00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/03/062/417523138.pdf
Announcement no. 5704/2024, of March 28: Construction contract for the requalification, rehabilitation and extension of a building for student accommodation at the Portuguese Red Cross Northern School of Health - Portuguese Red Cross - €1.318.480,03 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/063/417541022.pdf
Announcement no. 5706/2024, of March 28: PRR - Acquisition of computing goods and services for a redundant geo-localised SIRESP environment - General Secretariat of MAI - €1.542.000,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/063/417529708.pdf
Announcement no. 5715/2024, of March 28: Contract for the Rehabilitation of Accommodation on floors 2 and 3 of the Higher Institute of Police Sciences and Internal Security (ISCPSI) - New Wing - PSP - Public Security Police - €1.228.966,00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/03/063/417540301.pdf
[1] Public Tenders with a base price of more than €1,000,000.00 (one million euros), except Public Tenders whose object is legal services.
IV. CASE-LAW
IV.1. Court of Justice of the European Union
Judgment of the Court of Justice (Third Chamber) of March 7, Case no. C-341/22: Reference for a preliminary ruling. Taxation. Common system of value added tax (VAT). Directive 2006/112/EC. Right to deduct VAT. Concept of taxable person. Principle of fiscal neutrality. Principle of proportionality. Non-operating company. National legislation denying the right of deduction, refund or offsetting input VAT.
Summary:
“(1) Article 9, no. 1 of Directive 2006/112/EC of the Council, of 28 November 2006 on the common system of value added tax must be interpreted as meaning that it may not lead to a person being denied the status of taxable person for value added tax (VAT) where that person, during a given tax period, carries out transactions that are subject to VAT and the economic value of which does not reach the threshold prescribed by national legislation, which corresponds to the return that can reasonably be expected from the assets held by that person.
(2) Article 167 of Directive 2006/112 and the principles of VAT neutrality and of proportionality must be interpreted as precluding national legislation under which the taxable person is denied the right to deduct input VAT on account of the transactions subject to output VAT carried out by that taxable person being considered insufficient.”
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62022CJ0341
Judgment of the Court of Justice (Sixth Chamber) of March 7, Case no. C-740/22: Reference for a preliminary ruling. Protection of personal data. Regulation (EU) 2016/679. Articles 2, 4, 6, 10 and 86. Data held by a court relating to the criminal convictions of a natural person. Oral disclosure of such data to a commercial company on account of a competition organised by that company. Concept of "processing of personal data". National legislation governing access to such data. Reconciliation between the right of public access to official documents and the protection of personal data.
Summary:
“(1) Articles 2 no. 1 and 4, no. 2, of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as meaning that: the oral disclosure of information on possible ongoing or completed criminal proceedings to which a natural person has been subject constitutes processing of personal data, within the meaning of Article 4, no. 2, of that regulation, and comes within the material scope of that regulation where that information forms part of a filing system or is intended to form part of a filing system.
(2) The provisions of Regulation 2016/679, in particular article 6, no. 1, (e), thereof and article 10 thereof, must be interpreted as precluding data relating to criminal convictions of a natural person contained in a court’s filing system from being disclosed orally to any person for the purpose of ensuring public access to official documents, without the person requesting the disclosure of those data having to establish a specific interest in obtaining those data, it being irrelevant in that regard whether that person is a commercial company or a private individual.”
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62022CJ0740
Judgment of the Court of Justice (Fifth Chamber) of March 21, Case no. C-10/22: Reference for a preliminary ruling. Directive 2014/26/EU. Collective management of copyright and related rights. Collective management organisations. Independent management Entities. Access to the activity of management of copyright and related rights. Directive 2000/31/EC. Material scope of application. Article 3, no. 3. Directive 2006/123/EC. Material scope. Article 17, no. 11. Article 56 TFEU.
Summary:
“Article 56 TFEU, read in conjunction with Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and on multi-territorial licensing of rights in musical works for online use in the internal market, must be interpreted as precluding legislation of a Member State which excludes, in a general and absolute manner, the possibility for independent management entities established in another Member State to provide their copyright management services in that first Member State.”
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62022CJ0010
IV.2. Constitutional Court
Constitutional Court Judgement no. 195/2024, of March 12, Case no. 1014/2022:
"On these terms and on these grounds, it is decided:
a) Declare unconstitutional the rule that typifies the crime of abandoning animals contained in article 387, paragraphs 3 and 4, of the Criminal Code, in the wording approved by Law no. 39/2020, of 18 August; (...)."
https://www.tribunalconstitucional.pt/tc/acordaos/20240195.html
Constitutional Court Judgement no. 198/2024, of March 12, Case no. 489/2023:
"On these terms and on these grounds, it is decided:
a) to not declare unconstitutional the rule contained in article 407, paragraphs 1 and 2, of the Code of Criminal Procedure, interpreted as meaning that an appeal submitted against a decision handed down at the trial stage, but before the trial has begun, which dismisses the nullity of the indictment, should not be submitted immediately, so as its retention does not render it absolutely useless and it does not fall within the possibility set out in that paragraph 2, namely in point a).”
https://www.tribunalconstitucional.pt/tc/acordaos/20240198.html
IV.3. Judicial Courts
Judgement of the Supreme Court of Justice, of March 6, Case no. 459/21.2T8VRL.G1.S1: Presumption of Employment. Labour Contract. Nullity. Effects.
Summary:
“I - The classification of a contractual relationship as an individual employment contract, under the provisions of article 12, paragraph 1 of the Labour Code, is only dependent on the verification, in the specific case, of facts that constitute - at least two - the presumption of labour provided for in that regulation, and not on the legal nature of the entity - public, private, cooperative or social *article 80, paragraph b) of the Constitution of the Portuguese Republic - that appears as the employer.
II- It is legally forbidden for a public law institute to employ workers through individual private law employment contracts.
III- The declaration of nullity of an employment contract does not affect the rights of the worker acquired during the term of that contract."
Judgement of the Supreme Court of Justice, of March 6, Case no. 1144/21.0T8AVR.P1.S1: Public limited company. Holding Company. Shareholders' rights. Duty of Information. Judicial Enquiry.
Summary:
"I - The shareholders' right to information is not unlimited.
II - This right has extrinsic limits, which result from the subjective restriction of the shareholders who can request the information, and intrinsic limits, which aim to safeguard against the risks of misuse of the information for the company or any of the shareholders.
III - Since a shareholder, with shares corresponding to 12,73% of the stock of the main company, has requested information and documents in order to ascertain the responsibility of members of the management of affiliated companies, no other limits should be placed on his right to information, other than those provided for in the law or in the contract, under penalty of functional denial of the right itself.
IV - The de jure directors of the controlling company are de facto directors by legal recognition of the companies controlled in the total domain, without the need to ascertain and fulfil the legitimacy requirements to be a recognised de facto director.
V - The success of the business carried out by their company is just as important to the shareholders as the company it owns 100 per cent."
Judgement of the Supreme Court of Justice, of March 6, Case no. 5001/21.2T8MAI.P1.S1: Employment Contract. Applicable Law. Imperative Law. Holiday Leave. Christmas Leave. Irreducibility of Renumeration. Reference for a Preliminary Ruling.
Summary:
"I- The non-derogable rules of Portuguese law, particularly for the purposes of applying Article 8, no. 1 of the Rome I Regulation, are those relating to the very existence of a holiday leave and a Christmas leave.
II- The legal regulation of holiday and Christmas leaves is intended to guarantee workers the availability of money that will allow them to meet the increased expenses that these seasons entail or may entail and, specifically with regard to holidays, to motivate them to enjoy them effectively, and is not based on considerations of a strictly retributive nature.
III- Even if the individual employment contract is governed by the law of another country (under the terms chosen by the parties), payment of holiday and Christmas leaves is mandatory for workers whose employment contract is being carried out in Portugal.
IV- If it is recognised that the plaintiffs are entitled to receive holiday and Christmas leaves, in addition to the remuneration agreed with the defendant, in the period prior to 01.02.2019, if they did not receive such an increase, similarly, in the subsequent period, this would constitute a reduction in their remuneration, in breach of the principle of irreducibility of remuneration.
V- Referral may be refused by the national courts of a Member State, in particular where the answer to the question raised would have no effect on the outcome of the dispute or where there is no reasonable doubt as to the interpretation of the provision of Union law at issue."
Judgement of the Lisbon Court of Appeals, of March 5, Case no. 8567/20.0T8LSB.L1-7: Works Contract. Unfounded Termination. Termination of the Contractual Relationship by Agreement. Right of Retention. Compulsory pecuniary penalty.
Summary:
"1. The legitimacy to promote the appropriate administrative procedure for prior control of urban construction, even in the case of a simple communication, lies with those who have the right (under civil law) to build on the property.
2. In other words, since the urban development operation is carried out by the parties to the works contract, it is up to the owner of the property to apply for a building licence or make the prior notification.
3. In the event of a substitution in the ownership of the legal position legitimising the building, it is the substitute's responsibility to notify the municipality of this change, so that it can be registered if they intend to take advantage of the existing licence or communication.
4. If the unfounded declaration of cancellation does not have the effects intended by the declarant, because the latter does not have the right to terminate the contract, it may seriously, clearly and unequivocally reveal the declarant's definitive intention not to fulfil the contract."
Judgement of the Lisbon Court of Appeals, of March 21, Case no. 747/18.5IDLSB.L1-9: Crime of Abuse of Fiscal Confidence. Tax Liability. Criminal Liability. Error of Law. Defendant's Real Economic Situation. Partial Referral.
Summary:
"I. An enquiry has been launched on the basis of a report by the Tax Authority, and the Tax Authority has failed to make the notification referred to in article 105 no. 4, (b) of the RGIT. Nothing prevents the Public Prosecution Service from making this notification itself, by the police authorities or by the tax authorities to whom it has delegated the power to carry out enquiries, thus remedying this irregularity, although it is essential that the indictment and judgement state that this notification was made after the 90-day period referred to in point a) of the same rule had elapsed.
II. Tax liability and criminal liability are not to be confused and the latter does not depend on whether or not the tax obligation has been reversed against the defendant in the tax proceedings.
III. When, due to an error of law, the defendant was given a sentence of six months in prison, by reference to article 105 no. 1 of the RGIT, despite the fact that it was always considered that the offence of abuse of trust in question was subsumed to that provided for in paragraph 5 of the same rule, the Court of Appeals cannot modify the sentence imposed, in obedience to the prohibition of reformatio in pejus, but the possible nullity, claimed by the defendant, of the Court's failure to choose the sentence provided for in Article 70 of the Criminal Code, is no longer relevant.
IV. We are unequivocally faced with the vice of insufficiency for the decision of the proven factual material, provided for in Article 410 no. 2 (a) of the Code of Criminal Procedure, when there is an almost complete omission of facts relating to the current economic and financial situation of the defendants, without any justification for such absence of facts and without any impossibility of obtaining elements capable of supporting the definition of the omitted current situation.
V. The application of the condition referred to in article 14 no. 1 of the RGIT requires consideration of the defendant's real economic situation and his ability to pay the amount owed, and this rule must be interpreted in conjunction with article 51 no. 2 of the Criminal Code, making its application subject to criteria of weighting, the principles of reasonableness and the dignity of the person, as well as respect for the fundamental rights of the convict himself, such as the guarantee of the minimum necessary for his subsistence."
Judgement of the Évora Court of Appeals, of March 5, Case no. 122/21.4GDPTM.E1: Illicit Recordings and Photographs. Means of Proof. Admissibility. Exclusion of Illegality. Core of Privacy. Proportionality. Adequacy and Necessity.
Summary:
"I. Recordings and photographs obtained by private individuals generally constitute documentary proof. Their admissibility and use as proof are regulated in article 167, § 1 CPP.
II. It is necessary to ascertain the lawfulness or unlawfulness of the conduct that led to it, since this is assumed by the legislator to be an essential condition for concluding on the procedural judgement.
III. Attention should be paid to the criminal rules that refer to them, particularly those whose purpose is to protect fundamental rights related to the human personality, such as privacy, image or verbal communication.
IV. The verification of just cause, in order to exclude the criminal liability of the private individual and admit the evidential use of the material, is focused precisely on the moment when it was obtained - which does not coincide with its use in criminal proceedings.
V. Case law has admitted their use as proof, if: a) the content of the recordings or photographs does not respect the core of the private lives of those targeted; and b) there is just cause for obtaining them.
VI. This "core" of privacy should cover both intimacy and privacy, although with regard to the latter, it is understood that there is a certain elasticity as to its exact scope of protection.
VII. With regard to the compatibility of interests that will have to occur at the level of proof, recourse has been made to the possibility of restricting rights, provided for in § 2 of Article 18 of the Constitution, resolving in favour of the prevalence of the right to security or the interests inherent in the collective demand for effective justice, based on criteria of proportionality, adequacy and necessity. These guide the judge in weighing up on a case-by-case basis, taking into account the circumstances of the specific case, between the right to privacy on the one hand and the importance of the proof given the seriousness of the crime in question, in order to conclude on its admissibility or inadmissibility.
VIII. The just cause for obtaining the images will therefore have to be reached through a judgement weighing up the conflicting interests.
In this judgement, the causes of exclusion of illegality prevail, which could justify the removal of the prohibition of the conduct of the private individual who obtained these means of proof without consent."
IV.4. Administrative and Tax Courts
Judgement of the Supreme Administrative Court, of March 6, Case no. 02860/18.0BEBRG: Tax Enforcement. Initiation of Tax Enforcement. Administrative Appeal. Guarantee. Suspension of Enforcement. Summons.
Summary:
"I - The filing of an administrative appeal and consequent legal challenge, with the provision of a guarantee, before the expiry of the deadline for voluntary payment of the tax, does not prevent the initiation of tax enforcement, but nothing more can be done and, if enforcement is initiated, the interested party can file a legal opposition on the grounds that the debt is unenforceable, under the terms of article 204 no.1 (i) of the CPPT, with a view to suspending enforcement, with the cancellation of all procedural steps and acts that were unduly carried out.
II - The summons issued in tax enforcement pending an administrative claim with a request to set the guarantee to be provided in order to suspend enforcement is unlawful, namely because the summons of the defendant has lasting interruptive effects on the running of the limitation period."
V. BRIEFS
V.1. DOCTRINE
V.1.1. Monographs and Periodicals
João Ricardo Catarino, Helena Gomes Magno and Daniela Pessoa, Criptoativos - Ecossistema e Conceitos Fundamentais Fiscalidade e Regulação, Almedina, March 2024.
Diogo Leite de Campos and Mónica Martinez de Campos, Lições de Direito das Sucessões, Almedina, March 2024.
Milena da Silva Rouxinol, Direito Antidiscriminação nas Relações Laborais, Almedina, March 2024.
Rafaela Nabais de Sousa, A Proteção do Financiamento do Devedor no PER - Um (des)incentivo a Revitalização?, Almedina, March 2024.
Mário Aroso de Almeida, Manual de Processo Administrativo, Almedina, March 2024.
Rui Soares Pereira, O Objeto e a Prova em Processo Penal, Almedina, March 2024.
Tomás Carvalho Guerra, Matilde Veloso and Vasques, Maria Inês Sousa, The Crime of Domestic Violence - Contemporary Family Perspectives, Almedina, March 2024.
Pedro Marques Dias, A Expansão do Consenso no Direito Fiscal, Almedina, March 2024.
José Manuel Oliveira Antunes, A Execução do Contrato de Empreitada, Almedina, March 2024.
IV.1.2. Generic Guidelines & Cia
Circular Letter no. 90071/2024, of March 13, by Order of the Deputy Director-General of the Collection Area
Subject: Law 82/2023 (LOE/2024) - Article 266, amendment to article 40 of the LGT - Electronic payment.
Circular Letter no. 20269/2024, of March 24, by Order of the Deputy Director-General of the Tax Management Area – Income Taxes
Subject: IRS Form 3 in force from 2024.
V.2. Miscellaneous
V.2.1. Economy, Finance and Taxation
On 14 March, the Council of Ministers approved several pieces of legislation, including the following:
- The decree-law amending the Statute for Professionals in the Field of Culture;
- The decree-law regulating arbitration for the assessment of the grounds for termination of a collective agreement and arbitration for the suspension of the period of survival, implementing commitments made in the Decent Work Agenda;
- The resolution approving the draft of investment tax contracts and the addenda to the investment tax contracts previously signed and declaring the cancellation of the investment tax contracts which, in the meantime, no longer fulfil the conditions for their continuation;
- The decree-law transposing into national law the Directive (EU) 2022/2380 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment;
- The decree-law that ensures the implementation in the Portuguese legal order of Regulation (EU) 2017/745 on medical devices;
https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=601
On 21 March, the Council of Ministers approved the decree-law that abolishes the Regional Health Administrations, I.P. (ARS, I.P), with the remaining attributions being succeeded by other services and entities.
The following diplomas were also approved:
- The decree-law that introduces legislative changes that frame the operation of the new "Company 2.0" information system, with a view to improving the services provided within the framework of the online company incorporation scheme by providing new technological solutions and digital services that are more suited to current times;
- The resolution determining the exceptional VAT eligibility regime and the simplification of procedures associated with the Development and Maintenance of a rescEU Stockpile project;
- The decree-law that makes corrections and clarifications to the Legal Framework for Urbanisation and Building;
https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=602
On 25 March, the Council of Ministers approved the National Strategy for the Inclusion of People Experiencing Homelessness 2025-2030. The new strategy introduces a number of measures, focusing on prevention and the creation of an integrated risk warning system; personalised intervention with case managers at local level; an increase in housing first solutions and shared flats; specialised intervention with particularly vulnerable groups and strengthening the monitoring of local support networks for people at risk of or experiencing homelessness.
https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=604
V.2.2. Industrial Property
On March 13, provisional statistics were released on Industrial Property Rights (IPR) applications and grants for February 2024, including the following:
i) In the first two months of the year, 121 national invention applications were filed and 35 national inventions were granted, compared to 40 granted in 2023;
ii) The number of European Patent validations filed in Portugal between January and February 2024 grew by 3.2 per cent year-on-year (518 in 2024, 502 in 2023);
iii) There were 3,983 applications for registration of National Trademarks and Other Distinctive Trade Signs (OSDC) between January and February 2024, representing a decrease of 1.7%. In the same period, 1,588 National Trademarks and OSDCs were granted (3.916 in 2022);
iv) The number of objects included in National Design applications went from 148 between January and February 2023 to 56 in 2024.
https://inpi.justica.gov.pt/en-gb/INPI-News/Industrial-Property-Rights-January-to-February-2024
On 18 March, the European Patent Office (EPO) announced that it will be making a new package of incentives available to micro-enterprises, universities, non-profit organisations, public research institutions and individuals for filing European patent applications, through a reduction in fees, regardless of their nationality or domicile.
The fee reduction will apply to fee payments made from 1 April onwards for European patent applications and Euro-PCT applications that have entered the European phase, regardless of their filing date.
On 20 March, the European Commission (EC) published a recommendation to combat counterfeiting and better protect intellectual property (IP) rights. The main actions proposed by the EC include:
- Designate a single point of contact for enforcement issues and extend the use of existing tools, such as the IP Enforcement Portal provided by EUIPO;
- Encourage signatories of the Memorandum of Understanding on the sale of counterfeit goods on the Internet to seek "trusted signaller status" under the Digital Services Regulation;
- Adapt new procedures to combat new counterfeiting practices;
- Promote the use of alternative dispute resolution for all IP disputes, offering a cost-effective and efficient option, especially for cross-border disputes and SMEs.
- Re-evaluate and potentially increase the maximum sanctions applicable to serious criminal offences in the field of IP;
- Strengthening the role of the supervisory authorities to continue detecting and combating counterfeiting;
- Developing practices aimed at faster, more economical and environmentally friendly storage and destruction of counterfeit goods;
- Adapting IP practices to Artificial Intelligence and virtual worlds, using Blockchain technology for supply chain tracking as well as content recognition systems to detect counterfeit goods and pirated merchandise;
- Integrating IP content into national training and education programmes, especially in areas such as enforcement and business administration.
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