The pandemic situation caused by Covid-19 has created a chaotic situation on a social level but also on the legislative level. This situation has forced the State to apply either more restrictive or less restrictive measures regarding the individual freedom of the citizens – which is due to the fragile balance between economy and health – and that have repercussions in the constant updates and changes in the law. The border control is no exception to this instable reality – we have assisted to the closure, open and new closure of borders. Request for passengers to present a PCR negative test for Covid 19 to some countries. Prohibitions of flights from and to some regions.
Although we may be facing volatile times in terms of laws, this cannot translate into a total chaos of the administrative services in what regards the border control, issuance of visas and other administrative acts that many times leads to arbitrary acts and decisions contrary to the current legal regimens and to the fundamental rights of the citizens, as the prohibitions to enter Portugal.
However, the citizens affected by illegal measures have ways of reacting and demand compensations for their losses. Besides the legal mechanisms for the annulation of illegal administrative acts under the Portuguese Administrative Procedure Code – individuals who are subject to arbitrary or illegal administrative acts and that have damages related to those acts have leal mechanisms that aim to compensate for such damages.
The Law no 67/2007 of December 31st approve the State’s and public entities’ civil liability regimen for damages arising from the legislative, jurisdictional and administrative powers.
The relevance of this issue has been arising in these times and the team of Immigration and Litigation of Caiado Guerreiro has been following closely. In case you have facing a situation like this or have any query regarding this issue, please contact Mrs. Sara Ferreira de Oliveira and Mr. Gonçalo Rodrigues Gomes.