The new trends in administrative decisions in Portugal: the simplex program and the adequate pursuit of public interest

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

The trend towards the acceleration and simplification of administrative procedures is not new in the Portuguese legal system. However, the globalization of economies, which need to be reconciled with the protection of multiple public interests, has been pushing the legislator to pursue this path. This paper proposes to analyse DL no. 11/2023, of February 10th, included in the simplex programme, which has introduced several simplification and acceleration changes in many legal systems, especially in the environmental field. This is a particularly complex area, which requires great care when implementing solutions that facilitate decision-making, at the serious risk of not adequately pursuing public interests. The preamble of this law clarifies that it " aims to initiate the simplification reform of existing licencing, through the elimination of licences, authorisations, acts, and dispensable or redundant procedures linked to the protection of environmental resources, simplifying the activities of companies without compromising environmental protection (...), the Public Administration focusing, particularly, on monitoring, co-responsibility, and self-control by economic operators. Is simplification reconcilable with environmental public interests? Will it be sufficient, given the irreversibility of much ecological damage, to rely solely on monitoring and surveillance functions, leaving aside the preventive and precautionary functions?
Original languageEnglish
Title of host publicationModern visions of public law
EditorsCristina Aragão Seia, Daniela Nováčková
Place of PublicationBucharest
PublisherADJURIS – International Academic Publisher
Pages71-84
Number of pages14
ISBN (Print)9786069535189
Publication statusPublished - 2023
Event6th International Conference Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective - Bucharest, Romania
Duration: 19 May 202319 May 2023

Conference

Conference6th International Conference Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective
Country/TerritoryRomania
CityBucharest
Period19/05/2319/05/23

Keywords

  • Administrative simplification
  • Non-express acts
  • Silence as an administrative act
  • Public interest
  • Environmental interests

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