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Portugal / Constitutional Court / 117/12

A. Limited and B.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Portugal / Constitutional Court
Decision date:

Key facts of the case:

The case deals with an appeal submitted by the Public Prosecution regarding a Judgement handed down by the Oporto Court of Appeal which considered that Article 14 (1) in Decree-Law 282/2003 of 3 November was unconstitutional. The law sanctions the application of administrative offences that are levied by the Gaming Department of the Lisbon Santa Casa da Misericórdia which owns the concession to run the State’s gaming interests. There are basically two legal questions raised in the Appeal: the first centres on learning whether Article 20 (4) in the Constitution – interpreted in the light of Article 47 in the Charter guaranteeing the right to a fair trial that is judged by an independent, impartial court – applies to administrative cases involving administrative offences and raised by the appelants; the second question concerns learning whether Article 47 in the Charter may be applied to the provision which the Oporto Court of Appeal deemed unconstitutional given what is laid down in Article 51 of the Charter and raised by the Constitutional Court.