Fiches Belges: Portugal

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, this measure is possible. Law 93/2009 from September 1st transposed Frame Work Decision 2005/214/JHA.

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

* receive the request/decision for judicial cooperation

According with article 16 of Law 93/2009 local first instance Courts are competent to receive and give execution to requests to recognise and enforce a foreign decision covered by this Frame Work Decision. Territorial competence of Courts corresponds to the place where the person lives or the legal person has its headquarters; in case those wherabouts are unknown the place where the person has its own patrimony or where he or she produces patrimonial assets will be the criteria to identify the local competent Court.

* execute/recognise the measure (if other than the receiving authority)

N/A

Accepted languages for the request/decision

Requests must be sent in Portuguese or with a Portuguese translation of the certificate and its content.

Deadlines for the execution of the request/decision (where applicable)

Article 17 of the Law states that the judicial competent authority must take immediatly the measures needed for the decision to be enforced. No precise time limits have been fixed.

a. Special requirements

(Absence) of double incrimination is a non mandatory cause of refusal when it concerns infractions that are not part of the list. Lapse of time, when the Portuguese authorities are also competent to decide on the infractions, is also a non mandatory cause for refusal. Also requests to enforce decision that concern a financial sanction of less than 70 euros might be refused.

b. Other useful information

Information on the Portuguese applicable Law as well as on a Handbook concerning this form of cooperation can be found in the website of the Gabinete de Documentação e Direito Comparado (http://www.gddc.pt/legislacao-lingua-portuguesa/portugues.html).