INTERIM RELIEF IN ADMINISTRATIVE PROCEEDINGS: BALANCING PUBLIC INTEREST AND FUNDAMENTAL RIGHTS

• DOI: https://doi.org/10.22533/at.ed.2216622608043

• Palavras-chave: Critical analysis. Administrative Law. Precautionary Measures. Concession. Public Administration. Doctrinal conflict. Limits of prior judicial intervention.

• Keywords: Critical analysis. Administrative Law. Precautionary Measures. Concession. Public Administration. Doctrinal conflict. Limits of prior judicial intervention.

• Abstract:

  This paper presents a critical analysis of the granting of injunctions against the Public Administration. It provides a brief historical overview of the Portuguese Public Administration, examining the significant paradigm shift caused by the incorporation of European treaties into Portuguese Administrative Law, as well as the impacts on fundamental guarantees and legal foundations. The resulting changes that this new approach brought to the Code of Administrative Court Procedures in 2015 also modified the instrument of Interim Measures, emphasizing the principle of Balancing of Interests and the equilibrium with the instrument of Reasoned Decision, which in substantive law applies to: Public Interest versus the Fundamental Rights of citizens. This is complemented by the current doctrine’s position on the limits of prior judicial intervention.