Decreto-Lei n.º 60/2011
- Emissor:Ministério da Justiça
- Tipo de Diploma:Decreto-Lei
- Páginas:2584 - 2586
Summary in plain english (Without legal value)
What is it?
This decree-law creates the National Network of State Endorsed Arbitration Centers (RNCAI).
Arbitration is a way of resolving conflicts without having to go to court. One or more impartial arbitrators hear both sides and decide who is right. The decision has the same legal value as a court’s decision.
These arbitration centres are authorized and – some of them – financed by the Portuguese State.
What will change?
State endorsed arbitration centres will join the RNCAI
The RNCAI is made up of arbitration centers that:
- receive more than 50% of their annual budget from the State
- usually receive State funding, but less than 50% of their annual budget.
The former are automatically integrated into RNCAI. The latter have to establish a protocol with the Alternative Dispute Resolution Office (GRAL).
Standardizing the operation of RNCAI centres
RNCAI arbitration centres will operate the same way when:
- providing information in writing, by telephone or in person
- referring citizens to other organizations, preferably RNCAI centres or other conflict resolution agencies that provide an alternative to the courts
- managing complaints
- providing mediation and conciliation services
- collecting and sharing statistics about their activities.
RNCAI centres’ funding
RNCAI arbitration centres will be evaluated annually by GRAL. The only centres that can receive funds from the State are the ones that meet the objectives laid out by the government regarding:
- the services they provide
- the way they manage their budget
- the satisfaction of the people who use them
- their areas of expertise.
Duties of RNCAI arbitration centres
These centres must publish the following information on the RNCAI website:
- approved annual plan of activities
- annual budget
- annual report
- summary of decisions made by the arbitration court.
They must also submit online to GRAL the following documents:
Profit and loss statement
Proposed distribution of earnings
|Proposed budget for the following year||December|
|Statistical data concerning its activity|
The arbitration centres that deal with consumer disputes must also submit this information to the Directorate-General for Consumer Affairs.
What are its benefits?
This decree-law is intended to:
- ensure that all RNCAI arbitration centres work the same way
- channel public money to centres that have better results
- make access to justice easier for citizens.
When does it come into effect?
This decree-law comes into effect five days after being published.