Decree-Law no. 81/2018, of 15 October has been published and it implements a set of extraordinary measures to clear backlogs in the administrative and tax courts. At the same time, it creates teams of judges whose mission is to deal with cases awaiting a final decision in the administrative and tax courts that were filed before the end of 2012.
Presidential Decree no. 240/18 of 12 October (the “Regulation”) was published recently and further develops the framework of Law no. 5/18 of 10 May – the Competition Law. The Regulation clarifies and put into effect certain rules and procedures in the context of competition law. In particular, they address the rules on restrictive practices, merger control and procedural rules. In the context of restrictive practices, the Regulation clarifies the concept of dominant position and make it clear that such a […]
Announced in 2016 (following the 2016 Web Summit) and formally approved in 2017 (right before the 2017 Web Summit), the 200m Co-investment Fund (the «Fund») was set to increase the availability of equity and quasi-equity financial instruments to small and medium-sized enterprises (SMEs). It focuses on startups and follows a logic of co-investment with private parties.
The fourth amendment to Regulatory Decree no. 84/2008 of 5 November came into force on 1 October 2018. This Decree regulates Law no. 23/2007 of 4 July, which approves the legal rules on entry, stay, exit and removal of foreign nationals from Portuguese territory. With respect to Residence Permits for Investment Activity (the “Golden Visa”), this amendment regulates the new types of investment created in the latest amendment to Law no. 23/2007 of 4 July.
Presidential Decree no. 227/18, of 27 September, has adopted a new legal framework for joining and contributing to Mandatory Social Protection. This legislation repeals Decree no. 38/08, of 19 June, as well as any legislation that is inconsistent with the provisions of the Presidential Decree. The main change relates to the enlargement of the contribution base to cover the employee’s gross remuneration, including all cash benefits that are payable by the employer to the worker with the exception of the […]
The Judgment of the Constitutional Court No. 376/2018, delivered on 4 July 20181, was published on 18 September 2018. This judgment declared the unconstitutionality with general mandatory force of the rule in article 22(1)(d) and, with reference to this, the rules appearing in paragraphs 2, 3 and 4 of the same article. These provisions are all from the Legal Framework on Engaging in Private Security Activities, which made the authorisation to engage in private security activities subject to the requirement […]
On 29 of August of 2018, the Court of Appeal in Brussels published a decision that promises to trigger extensive debate. The case was brought by Doyen Sport and the club Seraing United against FIFA, UEFA and the Belgian Football Association (ASBBL). In it, the court decided that the mandatory arbitration clauses contained in the regulations of FIFA, UEFA and its affiliates, the national federations, violate Belgian law. The court even invoked Article 6(2) of the European Convention on Human […]
Instruction no. 13/2018, of 19 September 2018 was published recently and establishes procedures that financial and banking institutions must comply with to identify the risk profile of their clients in carrying out import and export of goods transactions. The Instruction also addresses measures to prevent money laundering, terrorism financing and underlying infractions (jointly the “AML” rules) that must be applied to clients classified as “high-risk”. Under the Instruction, banks must have “in-depth knowledge” of the client’s business model. The client […]
Ministerial Order no. 267/2018 was published in the official gazette Diário da República on 20 September and it makes changes to the electronic processing of cases in judicial courts, and in administrative and tax courts (Citius/Sitaf). The publication of this Ministerial Order represents great, substantive progress in bringing citizens closer to justice. There are a number of innovations which, hand in hand with technology, open up the doors to bring citizens closer to the Portuguese courts, by introducing greater openness […]
It is exactly a year since China decided to officially invest in the digitalisation of its legal system, by creating cyber-courts in key cities in mainland China. The first cyber-court opened its doors in the city of Hangzhou in August 2017 and the choice of this city to test an «Internet» court was not accidental. In fact, Hangzhou is the headquarters of several Chinese companies with activities connected to the Internet, among them the famous Alibaba. The company Alibaba alone […]