Member Article

Following the World Health Organization’s announcement of a public health emergency caused by COVID-19 and its declaration ofan international pandemic, the President of the Republic declared a state of emergency on 18 March and this lasted until 2 May. On 30April, theGovernment declared a situation of calamity and this was renewed on 15May and 29 May. It will end at 11:59 pm on 14 June unless it isextended or modified due to the evolution of the epidemiological situation justifies it.

To implement the state of emergency and the subsequent situation of calamity, the Portuguese authorities have approved a set of exceptional and temporary measures in response to the spread of COVID-19. The measures take into account the existing situation and they are subject to strict criteria of appropriateness and proportionality. Their aim is to protect public health, the functioning of the economy, and access to essential goods for all citizens.

In this context and with respect to the justice sector, the exceptional and temporary measures are essentially set out in Law 1-A/2020 of 19 March, in conjunction with Decree-Law 10-A/2020 of 13 March, as amended by Law 4-A/2020 of 6 April. These laws established exceptional arrangements to extend time limits and complete judicial steps. The arrangements took effect as from 9 March2020.

With the end of the state of emergency, and following the phased ending of the lockdown that began on 30 April, Law 16/2020 was published on May 29. The Law makes changes to the exceptional and temporary measures in response to the COVID-19 pandemic and introduces the fourth amendment to Law 1-A/2020 of 19 March.

This new law repeals article 7 of Law 1-A/2020, which established the exceptional suspension of time limits and deadline to perform judicial steps, and article 7 thus ceases to have effect. The law also adds article 6-A to Law 1-A/2020 and it provides for exceptional transitional arrangements.

Law 16/2020 of 29 May enters into force on 3 June 2020.

Thus, with regard to the impacts on enforcement actions of the exceptional and temporary measures established in Law 1-A/2020 – together with Decree-Law 10-A/2020, as amended by Law.4-A/2020 and Law 16/2020 – two distinct time periods should be highlighted:

1st period:

With effect from 9 March to 2 June 2020 (application of Law 1-A/2020 in the wording given by Law 4-A/2020)

• For non-urgent proceedings, which include enforcement actions – the exceptional arrangements were in force and all time limits for procedural acts were suspended.

• Specifically with regard to enforcement actions, the exceptional arrangements also provided for the suspension of any acts to be done in enforcement actions, except for those that, if not done, could cause serious harm to the livelihood of the judgment creditor or could them irreparable harm. Theconfirmation of this harm depends on aprior judicial decision.
  
  

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