PORTUGUESE ADMINISTRATIVE LAW: CONSTITUTIONAL FRAMEWORK, ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

Halim Alperen Çıtak
2 Min Read

The current Constitution of Portuguese Republic (1976) is an entrenched and detailed constitution which aims to limit as much as possible the bodies exercising public power, since it was made after a long period of dictatorship. The Constitution, including detailed provisions on the organization and functioning of the administ- ration and drawing the framework of the administrative procedure and administrative judicial proce-dure, sets an example for the constitutionalization of administrative law as well. The 2002 Code of Procedure in the Administ- rative Courts (Código de Processo nos Tribunais Administrativos), which concretizes the consti-tutional right to effective judicial protection, regulates many institutions strengthening administrative judge, especially the power of injunction. The Code of Administrative Procedure (Código do Procedimento Adminis-trativo), the last version of which came into force in 2015, introduces many new solutions that reduce the inequality between the administra- tion and individuals, in the direction of the principles set by the Constitu-tion. In terms of the organization of the administrative judiciary, Portugal had adopted the French model (Council of State-type) for about a century and a half. With the influence of the Constitution of 1976, Ger-man model (court-type) has been preferred. This article describes the constitutional framework regarding the judicial review of the administration in Portugal, gives basic information about the Code of Administrative Procedure and the Code of Procedure in the Administrative Courts and makes comparative evaluations con-cerning Turkish law.

Portugal, Administrative Justice, Judicial Review of Administration, Administrative Procedure, Injunction.

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