PUBLIC LAW NEWSLETTER I 4th Quarter 2015 I National Legislation 2 II Case Law 7 NEWSLETTER I PUBLIC LAW WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 2/9 PUBLIC LAW NEWSLETTER I LEGISLATION Administrative litigation Decree-Law No. 214-G / 2015 of October 2 Under the legislative authorization granted by Law no 100/2015 of 19 August, amends the Code of Procedure of the Administrative Courts, the Statute of Administrative and Fiscal Courts, the Public Procurement Code, the Legal Regime of Urban Planning and Building, the Procedural Law of Participation and Popular Action, the Legal Regime of the Administrative Supervision, the Law of Access to Administrative Documents and the Law of Access to Environmental Information. [For more information, please refer to Legal Flash of December 1, 2015] Resolution No. 2186/2015 of the Supreme Council of Administrative and Fiscal Courts, December 1 Modifies the classification criteria of the procedural species in the Administrative and Fiscal Courts. State budget Law No. 159-DE / 2015, December 30 This diploma amends for the first time the Law that approved the State Budget for 2015 (Law No. 82-B / 2014, December 31). Law No. 159-A / 2015, December 30 Establishes the extinction of the remuneration reduction in Public Administration. Decree-Law No. 253/2015, of 30 December Establishes the duodecimal budget execution system between January 1, 2016 and the entry into force of the State Budget Law for 2016. Public Procurement Regional Legislative Decree No. 27/2015 / A of 29 December This diploma approves the legal framework of public procurement in the Azores, transposing, in part, to the regional legal system, Directive 2014/24 / EU of the European Parliament and of the Council of 26 February, on Public Procurement and sets the relevant public procurement discipline and the substantive regime applicable to public contracts with an administrative contract nature. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 3/9 Resolution of the Council of Ministers No. 91-A / 2015 of 12 November Approves the draft agreement on the conclusion of the partial sale of the capital of TAP - Transportes Aéreos Portugueses, SGPS, SA. Resolution of the Council of Ministers No. 83-A / 2015, October 1 Approves the draft of the amendment to the concession agreement for the design, construction, financing, operation and maintenance of stretches of motorway and associated road sets, called Norte Litoral. Resolution of the Council of Ministers No. 83-B / 2015, October 1 Approves the draft of the amendment to the concession agreement for the design, construction, financing, operation and maintenance of stretches of motorway and associated road sets, called Beira Interior. Resolution of the Council of Ministers No. 83-C / 2015, October 1 Approves the draft of the amendment to the concession agreement for the design, construction, financing, operation and maintenance of stretches of motorway and associated road sets, called Algarve. Notice No. 14869/2015 of the Instituto dos Mercados Públicos, do Imobiliário e da Construção, I. P. Settles the index of labour costs, materials and support equipment for the months of April, May and June 2015, for the purposes of price revision formula referred to in Article 6 of DecreeLaw No. 6/2004 of 6 January. Games of chance Decree No. 401/2015 of 9 November, the Ministry of Economy Ordinance amending Ordinance No. 217/07, of 26 February laying down the rules for the implementation of chance or gambling. Urban Planning Order No. 405/2015 of 20 November, the Ministry of Environment, Spatial Planning and Energy The Order amends the Order No. 349-C / 2013 of December 2, which sets out the elements to be included im the licensing procedures or prior communication of urban building operations and use permits. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 4/9 Energy Decree-Law No. 251/2015, of 25 November Proceeds to the third amendment to Decree-Law no 118/2013 of 20 August, which approved the Buildings Energy Certification System, the Regulation on Energy Performance of Residential Buildings and the Regulation on Energy Performance of Buildings of Trade and Services and transposed Directive No. 2010/31 / EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings. Decree-Law No. 244/2015, of 19 October Amending for the third time the Decree-Law No. 31/06 of 15 February, which defines the general basis of organization and functioning of the National Petroleum System and the general provisions applicable to the exercise of storage activities, transportation , distribution, refining and marketing and the organization of crude oil and petroleum products markets. Order No. 379-A / 2015 of 22 October, the Ministry of Environment, Spatial Planning and Energy First amendment to Ordinance No. 349-B / 2013 of November 29 that defines the method for determining the class of energy performance for the type of SCE pre-certification and certification, as well as the technical performance requirements and efficiency of the technical systems of new buildings and buildings undergoing major intervention. Order No. 359/2015 of 14 October, the Ministry of Environment, Spatial Planning and Energy Third amendment to Decree No. 332/2012 of 22 October, establishing the criteria for the differentiated impact of the costs of energy policy measures, sustainability or general economic interest in global use tariff system applicable to the activities of the National Electric System and first amendment to Order No. 108-A / 2015 that defines the mechanism of determination of the aggravating factor included in the transitional tariff of sale to final customers of natural gas. Decree No. 325/2015 of 2 October, the Ministry of Environment, Spatial Planning and Energy Second amendment to Decree No. 662/96 of 14 November, which sets the rules for the selection and recognition of the national entity for the inspection of electrical installations (ANIIE). Order No. 11001/2015 of October 2, the Secretary of State for Energy Establishes the criteria for recognition of the added value of eletroprodutores technical centers in pre-commercial phase. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 5/9 Regulation No 851/2015 of 17 December, the National Authority for the Fuel Market, EPE Establishes the procedures for information recording and reporting to TNGC by entities at such obliged under number 1 of Article 13-A of Decree-Law no 31/2006 of 15 February, amended and republished by Decree-Law No. 244/2013 of 19 October, for the preparation of the centralized registry of existing oil facilities in the National Petroleum Sector. Regulation No 850/2015 of 17 December, the National Authority for the Fuel Market, EPE Establishes certification procedures of the entities of the National Petroleum Sector, in accordance with number 1 of article 12-C of Decree-Law no 31/2006 of 15 February, amended and republished by Decree-Law No o 244/2013 of 19 October. Environment Decree-Law No. 242/2015, of 15 October The bill amends Decree-Law No. 142/08 of 24 July, which establishes the legal regime of nature conservation and biodiversity. Decree-Law No. 222/2015, October 8 Proceeds to the regulation of Law No. 7/2008 of 15 February, establishing the bases for the planning and sustainable management of aquatic resources in inland waters and defines the principles governing the fishing activities and aquaculture in these waters. Decree-Law No. 221/2015, October 8 Amends for the first time Law No. 7/2008 of 15 February, laying the basis for the planning and sustainable management of aquatic resources in inland waters and defines the principles governing the fishing activities and aquaculture in these waters. Decree-Law No. 218/2015, dated October 7 Proceeds to the second amendment to Decree-Law No. 103/2010 of 24 September, establishing the environmental quality standards in the field of water policy, transposing Directive No. 2013/39 / EU of the European Parliament and of the Council of 12 August 2013, in respect of priority substances in the field of water policy. Order No. 399/2015 of 5 November the Presidency of the Council of Ministers and Ministries of Economy, Environment, Spatial Planning and Energy, Agriculture and Sea and Health The diploma establishes the elements that should be filed within the environmental procedures set out in the Single Environmental License Regime for industrial activities and similar, in particular waste management operations and thermoelectric plants, except for solar power plants. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 6/9 Order No. 398/2015, of 5 November, of the Presidency of the Council of Ministers and Ministries of Economy, Environment, Spatial Planning and Energy, Agriculture and Sea and Health This Order sets out the elements that must be filed within the environmental procedures included in the Single Environment Licensing Regime for farming activity. Decree No. 395/2015 of 4 November, the Ministry of Environment, Spatial Planning and Energy Establishes formal technical requirements to be satisfied by the procedures included in the legal framework of environmental impact assessment and repeals Decree No. 330/01 of 2 April. Decree No. 368/2015 of 19 October, the Ministry of Environment, Spatial Planning and Energy Sets the value of fees to be charged by the EIA authority during the environmental impact assessment procedure. Decree No. 360/2015 of 15 October, the Presidency of the Council of Ministers and Ministries of Finance and Environment, Spatial Planning and Energy Establishes the amounts of fees to be charged by the CCDR when assessing the previous communications and authorizations, revoking Order No. 1247/08 of 4 November. Regulatory Decree-Law No. 246-A / 2015, October 21 Proceeds to the third amendment to Decree-Law No. 41-A / 2010 of April 29, transposing Directive No. 2014/103 / EU of the Commission of 21 November 2014 adapting for the third time to the scientific and technical progress the Annexes to Directive No 2008/68 / EC of the European Parliament and of the Council on the inland transport of dangerous goods. Decree-Law No. 245/2015, of 20 October This law amends Decree-Law No. 275/93 of 5 August, which establishes the legal framework for timesharing. Decree-Law No. 224/2015, October 9 The first amendment to Decree-Law No. 220/2008 of 12 November, which establishes the legal regime of fire safety in buildings. Regional Legislative Decree No. 13/2015 / M, of 22 December This legislation adapts to Madeira the Decree-Law No. 128/2014 of 29 August, as amended by Decree-Law no 63/2015 of 23 April, which approves the legal regime of exploitation of local accommodation establishments. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 7/9 Order No. 377/2015 of 21 October, the Ministries of Economy, Education and Science and Solidarity, Employment and Social Security The Order defines the specific requirements for certification of training providers of designers and installers of telecommunications infrastructure in housing developments, urban settlements and concentrations of buildings and telecommunications infrastructures in buildings. Order No. 316/2015 of 16 October, the Ministries of Finance and Economy Defines the format, features and relevant information processing mechanisms to the exercise of economic activities through the electronic one-stop shop, called “Balcão do Empreendedor" and repeals Decree No. 131/11 of 4 April. Order No. 357/2015 of 14 October, the Ministries of Finance and Economy Establishes the amount of the fees to be charged by the road administration regarding private uses of road public domain of the State, as well as the authorizations included in the Statute of the Roads of the National Road Network and also sets the fees payable to the road administration for following up with the procedures, opinions, conduction of special inspections and revalidation set forth in the Statute of the Roads of National Road Network. Resolution No. 2053/2015 of the Institute for Mobility and Transport, IP, November 9 Approves an exemption on the inland transport of dangerous goods. II CASE LAW Constitutional Court ruling no. 949/2015 Declares the unconstitutionality with generally binding force, of the provisions that give the members of the government in charge of finance and public administration the legitimacy to enter into and conclude public employer collective agreements, within the municipal administration, under Article 364, number 3, paragraph b) and number 6, of the General Law on Civil Servants Labour, approved in annex to Law No. 35/2014 of 20 June. Constitutional Court ruling no. 576/2015 Does not declare the unconstitutionality of the rule contained in paragraph r) of number 9 of Article 2 of Law No. 75/2014 of 12 September, where it determines the reduction of the monthly compensation applicable to workers of companies with a majority public shareholding. Constitutional Court ruling no. 509/2015 Judges unconstitutional (i) the provision of Article 2 of the Teaching Career Statute, approved by Decree-Law No. 139-A / 90 of April 28, as amended by Decree-Law No. 146 / 2013 of October 22, in the part when it is required as a necessary condition for qualification as teaching staff the approval in a evaluation test of knowledge and skills; (ii) the provision of Article 22, number 1, f) of the same Statute, in the wording given by the Decree-Law No. 146/2013, WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 8/9 which sets the approval in the mentioned test as a requirement for the admission of candidates in any tender for selection and recruitment of staff for teaching positions that are not yet part of the teaching career there regulated; and (iii) as a consequence, the provisions of the Implementing Decree No. 3/2008 of 21 January, in the wording given by Decree No. 7/2013 of 23 October. Constitutional Court ruling No. 408/2015 The Court has declared, with generally binding effects, the unconstitutionality of the application of Article 703 of the Civil Procedure Code, approved in annex to Law No. 41/2013 of 26 June, to private documents issued before its entry into force, then enforceable under Article 46, number 1, c) of the Code of Civil Procedure of 1961, as set out in Article 703 of the Civil procedure Code and 6 number 3 of Law No. 41/2013 of 26 June. Judgment of the Supreme Administrative Court No. 6/2015 According to the decision of the Supreme Administrative Court, if from the analysis of a competitor’s proposal it can be concluded that the competitor intended to be bound by a contract with a duration of five years, renewable for equal periods up to a maximum of 30 years - although relying on forward estimates income and expenditures calculated for 7 years period -, number 2 of clause 6 of the tender specifications is not violated, which stipulates that the granting of exploration is carried out by the initial period of five years; therefore there is no reason to exclude such a proposal, in accordance with the provisions of articles 70, number 2, b) and 146, number 2, o) of the Public Procurement Code. Judgment of the Supreme Court No. 13/2015 The Court ruled that is applicable to environmental offenses the special reduction set forth in Article 72 of the Criminal Code, ex vi Article 2 of Law No. 50/2006 of 29 August and Article 32. º of the General Regime of Administrative Offences. WWW.CUATRECASAS.COM NEWSLETTER I PUBLIC LAW 9/9 CONTACT CUATRECASAS, GONÇALVES PEREIRA & ASSOCIADOS, RL Sociedade de Advogados de Responsabilidade Limitada LISBOA Praça Marquês de Pombal, 2 (e 1-8º) I 1250-160 Lisboa I Portugal Tel. (351) 21 355 3800 I Fax (351) 21 353 2362 firstname.lastname@example.org I www.cuatrecasas.com PORTO Avenida da Boavista, 3265 – 5.1 I 4100-137 Porto I Portugal Tel. (351) 22 616 6920 I Fax (351) 22 616 6949 email@example.com I www.cuatrecasas.com This Newsletter was prepared by Cuatrecasas, Gonçalves Pereira & Associados, RL for information purposes only and should not be understood as a form of advertising. 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