{"id":5666,"date":"2026-10-17T14:31:39","date_gmt":"2026-10-17T13:31:39","guid":{"rendered":"https:\/\/araujoassociados.pt\/litigation-arbitration\/public-disputes\/"},"modified":"2026-10-17T14:31:39","modified_gmt":"2026-10-17T13:31:39","slug":"public-disputes","status":"publish","type":"post","link":"https:\/\/araujoassociados.pt\/en\/litigation-arbitration\/public-disputes\/","title":{"rendered":"Public Disputes – Administrative Litigation in Portugal"},"content":{"rendered":"\t\t
\n\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Disputes with public bodies, including central government, local authorities, public institutes or other public administration entities, follow a procedural regime of their own, governed by the Code of Procedure in the Administrative Courts (C\u00f3digo de Processo nos Tribunais Administrativos<\/em>, CPTA), approved by Law No. 15\/2002 of 22 February. This article forms part of the Litigation<\/a> area of Ara\u00fajo & Associados.<\/p>\n

What the administrative jurisdiction is<\/h2>\n

The administrative and tax jurisdiction is competent to resolve disputes arising from administrative and tax legal relationships, as defined by the Statute of the Administrative and Tax Courts and the CPTA. The CPTA aims to give effect to the principle of effective judicial protection, according to which every legally protected right or interest is entitled to adequate protection before the administrative courts. The claims that may be brought in this context include, for example, the annulment or declaration of nullity of administrative acts, an order requiring the Administration to perform acts it is bound to perform, and a declaration of illegality of rules or of situations of omission.<\/p>\n

Administrative action – the ordinary form of proceedings<\/h2>\n

Since the 2015 reform of the CPTA, most non-urgent disputes in the administrative jurisdiction proceed in the form of the administrative action (a\u00e7\u00e3o administrativa<\/em>), the ordinary form of proceedings that replaced the former distinction between the ordinary administrative action and the special administrative action. There are also urgent forms of proceedings for certain specific situations, notably pre-contractual litigation in public procurement, and cases relating to administrative procedures with a large number of participants, such as staff competitions or recruitment tests.<\/p>\n

Time limits for challenging administrative acts<\/h2>\n

The time limits for challenging an administrative act in court depend on the nature of the defect concerned, pursuant to Article 58 of the CPTA. Null administrative acts can be challenged at any time, without a time limit; voidable acts must be challenged within three months, counted, as a rule, from notification or publication of the act. Failure to comply with these time limits may result in the right to challenge the act in court lapsing, so acting quickly after a harmful administrative act is carried out or becomes known is particularly important in this area.<\/p>\n

Pre-contractual litigation – disputes in public contracts<\/h2>\n

Disputes arising from public contract award procedures, such as public tenders, direct awards or other procedures governed by the Public Contracts Code, follow a form of urgent proceedings of their own, with particularly short time limits, given the need for a quick decision before the contracts in question are performed. Challenging award decisions, exclusion of bids, or other acts carried out within these procedures should therefore be assessed and prepared with particular speed.<\/p>\n

Extra-contractual civil liability of the State<\/h2>\n

Where an individual suffers damage resulting from the exercise of the administrative, judicial or political-legislative function by the State or other public bodies, they may be entitled to compensation under Law No. 67\/2007 of 31 December, which approved the Regime of Extra-Contractual Civil Liability of the State and Other Public Bodies, in force since 30 January 2008.<\/p>\n

Public disputes and other related matters<\/h2>\n

As in disputes between private parties, in public disputes it may also be relevant to consider alternatives to court litigation, including arbitration in administrative matters, described in more detail in the article Arbitration or court – which route is more suitable<\/a>. Once a favourable decision has been obtained, its enforcement against the Administration also follows specific rules of its own, covered in the article Enforcement of judgments in Portugal – how to recover what you are owed<\/a>.<\/p>\n

About Ara\u00fajo & Associados<\/h2>\n

Established in 1980, with offices in Porto and Lisbon, Ara\u00fajo & Associados represents clients in disputes with public bodies before the Portuguese administrative courts, in Portuguese, English, French, German and Spanish.<\/p>\n

Frequently asked questions about public disputes<\/h2>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t
\n
\n\t\t\t\t\t

How long do I have to challenge an administrative act that is unfavourable to me?<\/h3><\/path><\/svg><\/span><\/div>

As a rule, three months from notification or publication of the act, if it is a voidable act. Null acts can be challenged at any time, without being subject to this time limit.<\/p><\/div>\n\t\t\t\t\t<\/div>

\n\t\t\t\t\t

Does a dispute against a local authority follow the same rules as an ordinary civil case?<\/h3><\/path><\/svg><\/span><\/div>

No. It generally follows the regime of the administrative action, the ordinary form of proceedings provided for in the Code of Procedure in the Administrative Courts, distinct from the ordinary civil procedure applicable to disputes between private parties.<\/p><\/div>\n\t\t\t\t\t<\/div>

\n\t\t\t\t\t

Can I be compensated if I suffer damage caused by the actions of the State or a local authority?<\/h3><\/path><\/svg><\/span><\/div>

Yes, under Law No. 67\/2007, which governs the extra-contractual civil liability of the State and other public bodies for damage resulting from the exercise of the administrative, judicial or political-legislative function.<\/p><\/div>\n\t\t\t\t\t<\/div>

\n\t\t\t\t\t

How long do I have to claim that compensation?<\/h3><\/path><\/svg><\/span><\/div>

As a rule, three years from the moment you became aware of the right that belongs to you, according to the case law of the higher courts on the application of the general limitation rules to this matter.<\/p><\/div>\n\t\t\t\t\t<\/div>

\n\t\t\t\t\t

I lost a public tender to the State and disagree with the decision - can I challenge it?<\/h3><\/path><\/svg><\/span><\/div>

Yes, through pre-contractual litigation, a form of urgent proceedings specific to disputes arising from public procurement procedures, with particularly short time limits that require quick action.<\/p><\/div>\n\t\t\t\t\t<\/div>

\n\t\t\t\t\t

Is there arbitration in disputes with public bodies?<\/h3><\/path><\/svg><\/span><\/div>

In certain conditions, yes – arbitration may also be an alternative route in administrative matters, and its admissibility should be assessed case by case according to the specific nature of the dispute.<\/p><\/div>\n\t\t\t\t\t<\/div><\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Contact us<\/h2>\n

For more information on disputes with public bodies, or to book a legal consultation, you can contact us through our Porto or Lisbon offices, by telephone, email or via the form on the website. We provide legal advice in Portuguese, English, French, German and Spanish.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\tcontact by email<\/span>\n\t\t\t\t\t<\/span>\n\t\t\t\t\t<\/a>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\n\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\tContact by WhatsApp<\/span>\n\t\t\t\t\t<\/span>\n\t\t\t\t\t<\/a>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
\n\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t