Article 3 of the Legal Regime of Urbanization and Edification qualifies municipal regulations for urbanization and building as implementing regulations. It also empowers municipalities to regulate specific and substantive aspects in this area, raising legal difficulties regarding the feasibility of the rules to be regulated and the autonomous nature of regulatory powers. The traditional concept of a reservation of law that prevents the regulation of matters relating to rights, freedoms and guarantees beyond the simple execution of the law, proves incapable of legally and dogmatically conforming the regulation of urbanization and building. The municipal regulations for urbanization and building are likely to affect private property rights, although limited by the material content of territorial urban plans, which enjoy a stronger legal value
Date of Award | 8 Mar 2017 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Raquel Carvalho (Supervisor) |
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- Municipal regulations for urbanization and building
- Regulatory autonomy
- Property right
O poder regulamentar dos municípios no domínio do urbanismo: fundamento e limites da regulamentação da urbanização e da edificação
Lage, P. J. T. G. (Student). 8 Mar 2017
Student thesis: Master's Thesis