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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


COIMBRA, José Duarte. The new Court of Conflicts Act: the missing piece (part I). e-Pública [online]. 2019, vol.6, n.3, pp.87-120. ISSN 2183-184X.

Regulated since its institution by two ? nowadays archaeological ? laws from the 1930s, the Court of Conflicts (Tribunal dos Conflitos) has long been needed of reform. Despite not formally inserted in the legislative package that has given rise, in 2019, to the so-called ‘Reform of Administrative and Fiscal Justice', Law n.º 91/2019 of 4 September, has finally provided the organic reconfiguration and the revision of the procedural regime applicable to a historical body of the Portuguese judicial system, but whose action is still decisive for the delimitation of the area of intervention of the organs of administrative and fiscal justice and, therefore, for the very refinement of the boundaries of Administrative Law (and Tax Law) before the other subsets of the legal system. Divided in two parts, the text analysis of the new Court of Conflicts Act, as the “missing piece” in the institutional and functional architecture of the Administrative Justice. In this first part, in addition to the necessary introduction, the competence and the composition of the Court of Conflicts will be examined.

Keywords : conflicts; jurisdiction; competence; courts; procedure.

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