Unlike other European legal orders, Portugal does not have an Infectious Diseases Protection Act in force specifically tailored to enable the approval of administrative measures by the executive during a pandemic. Instead, the legislative framework in this regard is thinner, consisting of atomistic norms contained in the Health Framework Law, the Civil Protection Framework Law, and the Public Health Surveillance Act. During the COVID19 pandemic crisis, the Portuguese Government approved a set of limitations to fundamental rights via administrative regulations based on such legal norms. Their constitutionality – more specifically, their legality – was many times contested in the Supreme Administrative Court via fundamental rights injunctions and interim relief requests. This paper analyses the case-law of the Supreme Administrative Court in these matters.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!