I. EDITORIAL – SIMPLIFICATION OF ADMINISTRATIVE PROCEDURES REGARDING VEHICLE REGISTRATION
As usual, August was a month of a slow month for legislators. However, we highlight the Decree-law no. 111/2019 of 16 August, which amended the legal regime of vehicle registration, the Decree-law no. 54/75 of 12 February, which approved by its turn the corresponding rules of procedure, the Decree-law no. 178 -A/2005 of 28 October. It was approved the model of a Single Automobile Document, special exemptions in vehicle registration and a new model for specific proceedings.
The month of August was also marked by the Law no. 59/2019 of 8 August, approving certain rules for personal data processing for purposes of prevention, detention, inquiry or penalization of violations or execution of criminal penalties, by implementing Regulation (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016.
Regarding the case-law, it is important to notice that the Judgment of Supreme Administrative Court of 11.07.2019, in Case-law no. 02083/18.8BELRS, which decides about terms and procedures such as “derogation of banking secrecy” as well as “tax domicile”.
Accordingly, about the banking secrecy, it is considered that the banking elements holder that never changed his tax domicile to an foreign one, declared as the resident, could not rely on unlawfulness , unless the administrative decision is regarding the derogation of banking secrecy, based on the fact that he is non-resident citizen, contesting that those tax period settlements, proving that his usual residence is in a foreign country.
Finally, we would like to mention that, it was approved in the Council of Ministers, the legal framework for education given by distance network learning.
Law no. 55/2019 of August 5: Amends the legal frameworks of the internal judicial system, providing some new powers to the Intellectual Property Court.
Law no. 58/2019 of August 8: Ensures the execution, in the Portuguese legal order, of the 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 data.
Law no. 59/2019 of August 8: Ensures the execution, in the Portuguese legal order, of the Regulation (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework .
Decree-Law no. 104/2019 of August 9: Regulates the provisions of the Decree-Law no. 74/2013,m of June 4th, which establishes the setting-up system to ensure the competition balance at the wholesale national electricity market, whith special incidence about costs of general economic interest of the Global System Use tariff.
Decree-Law no. 105/2019 of August 9: Amends the Decree-Law no. 165/2013, of December 16th, transposing into domestic law the new provisions of the Directive (EU) 2018/1581 of 19 October 2018 amending Council Directive 2009/119/EC, as regards the methods for calculating stockholding obligations.
Decree-Law no. 108/2019 of August 13: Amends the legal frameworks of the retirement status as well as survivor’s pension status and creates a new legal regime of earlier pre-retirement regulatory regime.
Law no. 63/2019 of August 16: Amends the Law no. 24/96, of July 31st, which establishes the legal framework of comsumer protection, setting the low value dispute process to necessary arbitration or conflict mediation, when chosen by consumer as well as the duty to provide information of the right of engage a lawyer or solicitor.
Decree-Law no. 111/2019 of August 16: Simplifies and updates the administrative procedures of vehicle registration.
Ordinance no. 258/2019 of August 19: Creates the program «Cuitda-te +» and approves its regulation.
Decree-Law no. 115/2019 of August 20: Amends the criminal identification legal framework regulation, providing an acess code to consult the criminal record.
Decree-Law no. 121/2019 of August 22: Provides the legal framework for local metropolitan area companies, of Lisbon and Oporto area.
Law no. 65/2019 of August 23: Remains in force and extends its applicability to the simplified register system of information.
Decree-Law no. 127/2019 August 29: Changes the governance model as well as the general rules of european investment and structural funds distribution.
Decree-Law no. 128/2019 of August 29: Amends the legal framework of the restrictive individual trade practices.
III.1. Court of Justice of the European Union
III.2. Constitutional Court
Judgment of the Constitutional Court no. 450/2019, Proceeding n.º 801/19: Decides to judge unconstitutional with the violation of paragraph 1 q) of article 165.º , paragraph 1 a) of article 227.º, and paragraph 1 of article 228.º, all from Constitution of The Portuguese Republic, the paragraphs 2 of article 1, of regional Decree-law, which “Establishes and regulates an allowance paid to Regional Department of Equipment and Infrastructures employees, working at risk conditions” approved by Legislative Assembly of the Madeira Autonomous Region, introduced on July 3, 2019.
III.3. Courts of Justice
Judgement of Oporto Appeal Court, of 17.07.2019, Case 4188/18.6T8VFR-C.P1: Unfair dismissal. Breastfeeding worker. Missing disciplinary proceedings. The Commission for Equality in Labour and Employment (CITE). Refer of the disciplinary case. Set out facts. Notice of fault. At the time that the worker was brestfeeding.
Judgement of Lisbon Appeal Court, of 15.07.2019, Case 13097/17.5T8LSB.L1-1: Condominium. Condominium Manager. Liability.
III.4. Administrative and Tax Court
Judgment of the Administrative Supreme Court of July 11, Case no. 02083/18.8BELRS: banking secrecy. Non-resident.
IV.1.1. Monographs and Periodic Publications
Manuel Ramirez Fernandes, ADVOCACIA E DEONTOLOGIA PROFISSIONAL DO ADVOGADO, Quid Iuris, julho de 2019
Isa António, “MANUAL TEÓRICO-PRÁTICO DE DIREITO ADMINISTRATIVO”, Almeina, julho de 2019
IV.1.2. Generic Guidelines & Cia
Informação Vinculativa no Processo n.º 14436, por despacho de 2019-07-03, da Diretora de Serviços do IVA
Assunto: Isenções – Remuneração em criptomoeda é uma prestação de serviços sujeita a IVA, mas isenta.
IV.2.1. Economy, Finance and Taxation
Foi objeto de aprovação final o regime jurídico do ensino superior ministrado a distância e em rede, estabelecendo, pela primeira vez, um quadro claro de princípios e regras de organização e funcionamento do regime de ensino superior a distância e em rede para os ciclos de estudo conferentes de grau.
Foi aprovado o decreto-lei que altera o regime jurídico aplicável às Práticas Individuais Restritivas do Comércio, que tem como objetivo assegurar a transparência nas relações comerciais e o equilíbrio das posições negociais entre os operadores económicos.
As alterações introduzidas visam garantir uma maior harmonia e uma maior coesão sistémica entre os regimes da concorrência e das práticas individuais restritivas do comércio, clarificar algumas normas nucleares do diploma no sentido de facilitar a sua interpretação e aplicação e, ainda, reforçar a capacidade de operação, fiscalização e de investigação da ASAE.
V. INDUSTRIAL PROPERTY
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- I. EDITORIAL
- II. LEGISLATION
- III. CASE-LAW
- IV. BRIEFS
- V. INDUSTRIAL PROPERTY