Additional Solidarity Tax on the Banking Sector. Ombudsman recommends that the Minister of Finance repeal the regime on which the tax is based

The Ombudsman has sent a recommendation to the Minister of Finance to repeal, as soon as possible, the regime on which the so-called Additional Solidarity Tax on the Banking Sector (“ASSB”) is based. After an in-depth study of the tax, carried out following the receipt of a complaint, it was concluded that it violates the principle of ability to pay,…

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Ombudsman requests review of rules in the legal regime governing access to and exercise of the profession of driving examiner and recognition of training bodies

The Ombudsman submitted a request to the Constitutional Court for a declaration of unconstitutionality, with general binding force, of rules contained in Law 45/2012, of 29 August, which approves the legal regime for access to and exercise of the profession of driving examiner and the recognition of training bodies. The provisions in question are article 4(b) of the law, according…

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Ombudsman’s Office publishes report on recent activity and the process of abolishing the Aliens and Borders Service (SEF)

The increase in the number of complaints from foreign citizens regarding delays in procedures for granting residence permits justified an intervention by the Ombudsman’s Office specifically aimed at the Aliens and Borders Service (SEF), whose conclusions and recommendations are presented in the report now released. Bearing in mind the recent publication of the legislation creating the Agency for Integration, Migration…

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Security Forces. Ombudsperson warns Government against the collection of undue charges and failure to deliver proof of denunciation to citizens

The Ombudsperson addressed a Recommendation to the Minister of Internal Administration, drawing attention to the collection of undue charges by the security forces and renewing her appeal for a definitive solution to the lack of delivery of proof of payment for denunciations made by citizens. Through the complaints that continue to be received in this regard, it was verified that…

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Public Security Police. NPM publishes report on detention conditions and procedures

The National Preventive Mechanism (NPM), which works within the Ombudsman’s Office, focused part of its activity in 2022 on the conditions and procedures of detention in Police Commands, Police Stations and other units of the Public Security Police, having elaborated a thematic report, which is now disclosed. Regarding the material conditions, it was concluded that most of the detention spaces…

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Mitigation of the effects of inflation. Ombudsman publishes report on measures adopted by the Government

The Ombudsman’s Office has been receiving a significant number of complaints regarding various aspects of the measures adopted, since September 2022, in the context of mitigating the effects of inflation. The analysis and resolution of these complaints allowed the acquisition of vast information regarding the practical application of the measures, as well as the revelation of some problems of conception…

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COVID-19/Housing. Ombudsperson recommends suspending the deadline for reinvestment with a view to excluding taxation of real estate capital gains

The Ombudsperson recommended to the Secretary of State for Tax Affairs the suspension, for two years, of the period for reinvestment of the value of the sale of properties intended for own and permanent housing. The legislative Recommendation aims to ensure that individual taxpayers, within the scope of measures to mitigate the effects of the Covid-19 pandemic crisis, are excluded…

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Teachers. Ombudsman recommends approval of a new protection and mobility regime for teachers during illness

The Ombudsman sent a Recommendation to the Government to promote approval of a new and appropriate regime of protection for teachers during illness, that includes the possibility of adapting the teaching load and functions exercised to the respective state of health. Regarding the system of teachers’ mobility due to illness, it was also recommended that the list of illnesses that…

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Delays in conducting medical examinations. Ombudsman warns of the urgent need to extend the validity of medical certificates for multiple disabilities that have expired due to lack of response from the State

The Ombudsman informed the Secretary of State for Health on receipt of various complaints from citizens holding medical certificates for multiple disabilities (AMIM) whose validity had expired on 31st December 2022, despite having requested re-examination of their situation in due time. The situation is due to the persistent delay in scheduling a medical committee, and covers people who had requested…

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