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Decree Law No. 15/2021


Publication: Republic Diary No. 37/2021, Series I of 2021-02-23
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 15/2021
  • Pages: 5 - 8

Summary in plain english

What is it?

This decree-law creates a special scheme applicable to expropriation and the constitution of administrative easements for interventions integrated in the framework of the Economic and Social Stabilisation Programme (PEES).

Given the public health emergency of international scope, declared by the World Health Organization on 30 January 2020, as well as the classification, on 11 March 2020, of the COVID-19 disease as a pandemic, the Government has been approving a set of extraordinary and urgent measures in several matters.

It is in this context that this special scheme has arisen, which aims to promote the most agile and rapid implementation of the PEES, introducing simplicity and speed in the processing of expropriation procedures and the constitution of administrative easements that must be carried out in order to achieve them.

What is going to change?

The expropriation of property and the rights necessary for the construction, expansion, rehabilitation or improvement of equipment, networks and infrastructures are considered of public utility and as a matter of urgency in the scope of the PEES investments.

It is up to the expropriating entity to promote and develop the expropriation procedures in accordance with the Expropriation Code.

The issuance of the declaration of public utility of the expropriation of immovable property and inherent rights is adopted through an administrative act that individualises the property to be expropriated, this act being valid as a declaration of public utility.

With the publication of the declaration of public utility, the expropriating entity is granted immediate administrative possession of the goods to be expropriated, being responsible for the deposit of the amount or the guarantee, as well as for the payment of fair compensation.

The expropriating entity is guaranteed the right to cross or occupy private buildings, according to studies and projects, with underground ducts or circulation paths. It is also guaranteed the right to carry out geological surveys, drilling and other convenient studies in private buildings necessary for the design and execution of infrastructures, ducts, outfalls, networks or interceptor systems, in which case there is a duty to restore the building to its original condition.

What advantages does it bring?

This decree-law is intended to offset the impacts caused by the COVID-19 pandemic, particularly at the economic, financial and social levels.

It is necessary to promote the gradual recovery of the economy, through measures that encourage lasting investment and job creation.

Thus, taking into account the relevance and urgency in the implementation of investments and the constraints identified in the procedures for expropriation and the creation of administrative easements, it is intended to implement the PEES by speeding up expropriation and easement procedures.

When does it enter into force?

This decree-law enters into force on 24 February 2021 and applies to procedures initiated until 31 December 2022.

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.