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Administrative Law / Droit administratif 2008 Portugal

2008 / Vol. 20, No. 3, (69)
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Administrative Law / Droit administratif



Carlos Vaz de Almeida



 Various pieces of legislation were adopted in Portugal in 2008 with special refer­ence to the field of Public Law, including the Environmental Liability Law (Decree-Law No. 147/2008, of 29 July). The Environmental Liability Law estab­lishes a dual form of environmental protection, i.e., through civil and administra­tive liability. In doing so, the Environmental Liability Law not only transposes into national law Directive No. 2004/35/EC, but also establishes a uniform and coher­ent legal regime that combines traditional civil liability with administrative liabil­ity, thereby making it possible to attach liability not only upon those who offend individual rights, but also upon those who damage the environment itself. For all these reasons, it is one of the most important pieces of legislation published in Portugal in the last few years, representing a milestone in the effective legal pro­tection of the environment.

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