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Decree Law No. 86/2018


Publication: Republic Diary No. 208/2018, Series I of 2018-10-29
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 86/2018
  • Pages: 5109 - 5111

Summary in plain english

What is it?

This decree-law makes the administrative courts faster and reduces the costs associated with the court proceedings, through the:

    • waiver of the payment of the remaining judicial fee.
    • reduction of the judicial fee and waiver of the payment of the second instalment of the judicial fee on administrative proceedings.

The judicial fee is the amount that must be paid to start a proceeding at Court.

The remainder is the amount of the judicial fee, on the proceedings worth more than 275.000 euros, which is payable at the end of the proceeding, when a decision has been given.

The second instalment of the judicial fee is the part of the judicial fee paid within 10 days from the notification for the final audience.

What is going to change? There is now a reduction of the judicial fee on the administrative proceedings

The justice fee decreased 90%, if the part submits their request through a form approved for that purpose.

The waiver of the payment of the remainder and second instalment of the judicial fee is envisaged

If the proceeding ends before the instruction phase is concluded, that is, before the judge analyses the proofs, it is not necessary to pay the remainder.

In the case of administrative actions, it is not necessary to pay the second instalment of the judicial fee when there is no final audience or on certain cases in which the action has been suspended.

The term for the party to send the costs account to the court, which was 5 days, is now 10 days.

What advantages does it bring?

This decree-law aims to:

    • make the proceedings quicker and less repetitive
    • make the communication between the parties and the court clearer
When does it enter into force?

This decree-law enters into force on the day following its publication.

The cause amount, for costs purposes, is always fixed accordingly to the standards in force at the moment the proceeding started on the court.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.