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Legal alert no. 49

Legal Alert no.49 – Declaration of unconstitutionality of the civil protection municipal fee imposed by Lisbon City Hall

On the 13th of December 2017, the ruling of the Constitutional Court no. 848/2017 has declared the unconstitutionality of the civil protection municipal fee imposed by Lisbon City Hall. This is because this fee, in substance, is rather a tax than a real fee and for that reason could only be created by the Assembly of the Republic and not by the Lisbon City Hall.

In light of this declaration of unconstitutionality, the burning issue is the reimbursement of the amounts charged due to the civil protection municipal fee. The Lisbon City Hall has already assured that the sums liquidated and charged from 2015 until 2017, which make up around 58 million euros, will be reimbursed. For that purpose, it will be created by the Lisbon City Hall a help desk in January with a respective web site, so that the residents in Lisbon can submit a request for the repayment.

To access the complete text of the ruling of the Constitutional Court no. 848/2017 please go to http://www.tribunalconstitucional.pt/tc/acordaos/20170848.html

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