The legality of the limitations to fundamental rights in the jurisprudence of the pandemic of the Portuguese Supreme Administrative Court

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.