18 March, 2020
Following WHO recent declaration of worldwide public health emergency, Portuguese Ministers Council issued, on 16th of March, in addition to the Decree-Law no. 10-A/2020, of 13th March, the approval of a Resolution setting up measures related to the epidemiological situation of new Coronavirus- COVID-19.
The Resolution intends to ensure internal security through adequate measures to reduce contagion lines, namely through restoration of border controls between Portugal and Spain. Among the approved measures, a few are worth mentioning:
- Reinstatement of travel document control in Portuguese borders, from 11:00 p.m. of 16th of March 2020 until 12:00 a.m. of 15th of Abril 2020. This measure shall be subject to reassessment every 10 days and, if required, may be extended;
- Suspension of all flights from/to Spain, from/to any Portuguese airport or aerodrome, except State owned aircrafts, Air Force, cargo and mail transportation flights as well as humanitarian aid flights or medical emergency and technical stop overs for non-commercial purposes;
- Prohibition of road circulation through terrestrial borders, except international transportation of goods, transborder workers and emergency vehicles circulation;
- Suspension of river and train transportation, except those required for the transportation of goods.
Portuguese Government has also submitted to national Parliament a bill ratifying Decree-Law no. 10-A/2020, of 13th March, which establishes a set of exceptional and temporary measures, in particular in matters of public procurement, administrative authorizations, public services reinforcement and also measures aiming to promote social distance and prophylactic isolation, as well as those addressing the income expectation of those affected by the latter measures and people who have to assist dependents.
Additionally, the bill establishes an exemption of Portuguese Audit Court prior control of any acts or contracts entered under the abovementioned Decree-Law, notwithstanding a posteriori controls, as well as an exceptional regime concerning judicial and administrative delays, namely to:
- holding of municipal and parish assemblies, as well as other administrative collegial bodies;
- Public entities accounts approval;
- Procedural acts before Courts and Administrative entities.
Tomorrow, it is expected that the state of emergency be declared pursuant to an initiative of the President of the Republic, which, under the Portuguese Constitution, it is able to reduce some fundamental rights, being the right of movement expected to be suspended for at least 15 days.
By Óscar Alberto Madureira and Francisco Soares de Sousa
Pedro Cortés, Partner, Rato, Ling, Lei & Cortes – Advogados
cortes@lektou.com