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Decree Law No. 100/2018


Publication: Republic Diary No. 229/2018, Series I of 2018-11-28
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 100/2018
  • Pages: 5423 - 5425

Summary in plain english

What is it?

This decree-law puts into practice the transfer of powers from the central administration to the municipalities, on the domain of the means of communication, just as provided by law.

The National Assembly decided, upon Government decision, to transfer powers from the State to the local autarchies and municipal entities. In order to put this into practice, it is necessary that decree-laws like this one establish in detail how it shall be executed.

What is going to change?

The municipalities now have the powers to:

    • Manage the road sections located on the urban areas
    • The municipalities now own and manage, through the city council, the road sections and integrated equipment and infrastructures, located on the urban areas.

    • Manage the road sections excluded from the National Road Program and the sections replaced by variants which were not yet transferred to the municipalities
    • The municipalities now own and manage the road sections excluded from the National Road Network and the sections replaced by variants which were not yet subject to the transfer of ownership to the municipalities.

The excluded roads are the ones which no longer belong to the national domain (national road network) and now belong to the municipal domain (municipal road network).

How is the transfer of ownership carried out?

The transfer of ownership occurs with the signing of the act which formalise and homologates it by the Government member responsible for the road infrastructures area. This approval is based on a transfer project elaborated by Infraestruturas de Portugal, S.A. and delivered to the Government which approves it within 60 days.

Then it is submitted to the city council’s appreciation which, in the case of agreement, submits it to the approval of the municipal assembly.

The act which formalises the transfer of ownership is carried out 10 days after the approval by the municipal assembly.

What advantages does it bring?

This decree-law, by expanding the scope of action of the municipalities to roads which were not under their management and ownership and to the integrated equipment and infrastructures, reinforces the decentralisation and brings the State closer to the citizens.

The users’ interests and the protection of the roads and surrounding areas are safeguarded.

When does it enter into force?

This decree-law takes effect on 1 January 2019.

The municipalities which want to postpone the transfer of powers to 2020 shall inform the General-Directorate of Local Autarchies up to 60 days after this decree-law enters into force.

Original Version

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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.