How The Central Authority Works in Portugal: Navigating the Hague Service Convention

Introduction

When serving legal documents in Portugal from another country, it is essential to understand the role of the Central Authority under the Hague Service Convention. The Central Authority in Portugal plays a crucial role in facilitating the service of judicial and extrajudicial documents in civil or commercial matters, ensuring that the process complies with both Portuguese law and international treaties. This article will provide a comprehensive overview of how the Central Authority works in Portugal, including its specific functions, the requirements for submitting requests, and the process of serving documents. Click here for information on How To Serve Legal Papers in Portugal.

The Hague Service Convention and Portugal

Portugal is a signatory to the Hague Service Convention, a multilateral treaty that streamlines the process of serving legal documents across international borders. Under the Convention, each participating country designates a Central Authority responsible for receiving and processing requests for service of process from other member states.

In Portugal, the Central Authority is the Directorate-General for the Administration of Justice (DGAJ), specifically its International Judicial Cooperation Unit. The DGAJ is tasked with receiving requests for service, verifying their compliance with the Convention’s requirements, and forwarding them to the appropriate court or agency for execution. Click here for information on the Code of Civil Procedure in Portugal.

Submitting a Request to the Central Authority in Portugal

To initiate the process of serving legal documents in Portugal through the Central Authority, the requesting party must submit a formal request to the DGAJ. The request should include:

  1. The document to be served
  2. A summary of the document
  3. Any necessary translations (documents must be translated into Portuguese)
  4. A completed model form as prescribed by the Hague Service Convention

It is important to note that there are no fees associated with having documents served by court clerks in Portugal. However, if the Central Authority engages other entities, such as enforcement agents, attorneys, or solicitors, to carry out the service, the requesting party may be responsible for any expenses incurred.

Processing Requests by the Central Authority in Portugal

Upon receiving a request for service, the Central Authority in Portugal will review the documents to ensure they comply with the Hague Service Convention and Portuguese law. If the request is deemed valid, the DGAJ will forward the documents to the appropriate court or agency in the region where the addressee resides. Click here for information on the Complete Breakdown of the Hague Service Convention Articles.

The court or agency will then attempt to serve the documents according to Portuguese law. In domestic actions, service is typically carried out by registered mail with acknowledgment of receipt. If registered mail is unsuccessful, the court may attempt service by regular mail or through personal service by a court clerk.

Once service has been completed, the documents are returned to the Central Authority, which will then send them back to the requesting party or the appropriate authorities in the requesting state. If service cannot be completed due to an incorrect address or other issues, the Central Authority will inform the requesting party and may request additional information or assistance in locating the addressee.

Timelines and Expectations

When submitting a request for service through the Central Authority in Portugal, it is essential to have realistic expectations regarding timelines. The process of serving documents internationally can take several weeks or even months, depending on various factors such as the complexity of the case, the accuracy of the provided information, and the workload of the courts or agencies involved. Click here for information on How Timelines Are Important in Process Serving.

Requesting parties should anticipate a minimum of 2-6 months for the completion of service through the Central Authority in Portugal. However, in some cases, the process may take longer. It is advisable to initiate the service process well in advance of any legal deadlines to allow sufficient time for the Central Authority to carry out its functions and for any potential delays or complications.

Case Study: Serving a Summons in Portugal

To illustrate the process of serving documents through the Central Authority in Portugal, let’s consider a hypothetical case study. Imagine that a company based in the United States needs to serve a summons on an individual residing in Lisbon, Portugal, in connection with a civil lawsuit.

The company’s legal team would begin by preparing the necessary documents, including the summons, a summary of the document, and a completed model form as required by the Hague Service Convention. The documents would then be translated into Portuguese by a qualified translator.

Next, the legal team would submit the request for service, along with all the required documents and translations, to the Central Authority in Portugal (the DGAJ). The DGAJ would review the request and, assuming it complies with all requirements, forward the documents to the appropriate court in Lisbon.

The court in Lisbon would then attempt to serve the summons on the individual, likely by registered mail with acknowledgment of receipt. If successful, the court would return the proof of service to the DGAJ, which would then send it back to the requesting party in the United States.

If the service attempts were unsuccessful, the DGAJ would inform the requesting party and may request additional information or assistance in locating the individual. The legal team in the United States would then need to decide whether to provide more information, attempt service through alternative means, or explore other legal options.

Challenges and Considerations

While the Central Authority in Portugal plays a vital role in facilitating the service of legal documents under the Hague Service Convention, there are some challenges and considerations to keep in mind:

  1. Language requirements: All documents submitted to the Central Authority must be translated into Portuguese. This can add to the time and expense of the service process.
  2. Limited scope: The Hague Service Convention and the Central Authority’s role are limited to civil and commercial matters. Other types of legal documents, such as those related to criminal proceedings, may require different procedures.
  3. Timeframes: As mentioned earlier, serving documents through the Central Authority can be a lengthy process. Requesting parties must plan accordingly and allow sufficient time for the completion of service.
  4. Alternate methods: In some cases, it may be possible or necessary to serve documents in Portugal through alternative means, such as through diplomatic or consular channels, or by direct service. However, these methods may have their own requirements and limitations.

Conclusion

The Central Authority in Portugal, represented by the Directorate-General for the Administration of Justice (DGAJ), plays a crucial role in facilitating the service of legal documents under the Hague Service Convention. By understanding the specific functions of the Central Authority, the requirements for submitting requests, and the process of serving documents in Portugal, legal professionals and individuals can navigate the complexities of international service more effectively. Click here for information on How To Over Come Language Barriers in Process Service.

When seeking to serve legal documents in Portugal, it is essential to work closely with experienced professionals who are familiar with the country’s laws, procedures, and language requirements. By doing so, requesting parties can increase the likelihood of successful service and minimize the risk of delays or complications.

Ultimately, the effective utilization of the Central Authority in Portugal and adherence to the provisions of the Hague Service Convention are essential for ensuring the proper administration of justice and the protection of the rights of all parties involved in cross-border legal matters.

Written by: Undisputed Legal Inc.

Sources

1 (Ministério do Justiça, Direção-Geral da Administração da Justiça)
Av. Building H, 14th floor – D. João II, nº 1.08.01.
1988–1997 Lisbon
Portugal

2 Directive 861/2007/EC Establishing a System for the Settlement of Small Claims in Europe
The objective is to streamline and quicken the process of international civil or commercial litigation involving minor claims while simultaneously decreasing associated expenses. At the moment it is presented to the court, the claim’s worth cannot surpass EUR 2,000.

3  European Judicial Atlas-delivery of Documents, as well as Council Regulation (EC) No. 1393/2007 on the delivery of judicial and extrajudicial papers in civil or commercial disputes among the Member States (Strasbourg, 13 November 2007).

4 The only time Portugal will use Article 12(2)(b) of the Convention is if the applicant asks for a specific kind of service that requires an expert. 

5 In line with Article 8, paragraph 2, of the Convention.

6 Applications cited in Article 16, paragraph 2 will not be taken into consideration if submitted more than one year after the judgement date, as stated by the Portuguese government in line with Article 16, paragraph 3 of the Convention.

7 Concerning the Russian Federation’s declaration, the Portuguese government has said, in accordance with the European Council’s decisions from 20/21 March 2014, that it does not accept the unlawful Crimean referendum or the illegal acquisition of the ‘Autonomous ‘Republic of Crimea’ and the Russian Federation, together with the city of Sevastopol.
Concerning the extent to which the aforementioned Convention covers land, the Portuguese government maintains that, in theory, the Convention is still applicable to the ‘Autonomous Republic of Crimea’ and Sevastopol, which are both considered to be parts of Ukraine.
The Ukrainian government’s statement that the ‘Autonomous Republic of Crimea’ and Sevastopol are not yet part of Ukraine’s control, that the country’s adherence to its Convention obligations is limited and not guaranteed in this region, and that the process for communicating relevant information will be decided by Kiev’s central authorities is also noted by the Portuguese government.
In light of the foregoing, the Portuguese government has decided to avoid any direct contact with the authorities in the Autonomous Republic of Crimea and Sevastopol, as well as any documents or requests reaching them or via the Russian Federation. Instead, it will only communicate with the central authorities in Kiev, Ukraine, in order

8 If service is affected, enforcement agents will get €76. . Fifty euro is due in the event the service is not effectuated (for example, if the addressee did not live at the provided address or the address does not exist).
ii. Officials from the court: €51 in the event that service is affected.
No fee is required in the event the service is not accomplished (for example, if the addressee did not live at the provided address or the address does not exist).

9 The European Parliament and Council’s Regulation (EC) 1393/2007 regarding the serving of judicial and extrajudicial documents in civil or commercial disputes among the Member States makes judgements enforceable across the European Union without requiring a declaration of enforceability For claims that the defendant does not dispute, a European order for payment process is established under Regulation (EC) 1896/2006. For cases involving more than one EU countries, this streamlines, shortens, and lowers the litigation expenses.

10 Av. D. João II, n.º 1.08.01 D/E, Ed. H – Piso 14.º1990-097

 Lisboa, Direção-Geral da Administração da Justiça / DivisÁo de Cooperação Judiciária Internacionale

11 Decision-Law 165/2012, dated July 31st, 2012

12 On February 15th, Ordinance N.º67/2017 was approved, which establishes the basic organisational framework and authority levels of the Directorate-General of Justice Administration’s organic entities.

13 Article 219(1) of the Code of Civil Procedure, Código de Processo Civil 

The particular regulations of notice and service are outlined in the Code of Civil Procedure, Book II, Title I, Chapter II, Section II.

14 Article 236(1) of the Code of Civil Procedure

15 It is preferred, for instance, to use the courts’ computer system to do the following electronically:
Reports to the Office of the Public Prosecutor (Article 252(2) of the Code of Civil Procedure).
To representatives appointed by law (Article 248(1) of the Civil Procedure Code).
As per the regulations governing the electronic processing of court cases (Article 31(1) of the Ministerial Implementing Order (Portaria)), this information is sent to lawyers and enforcement agents.

16 Articles 144(7) and (8) of the Code of Civil Procedure

17 According to Article 232 of the Code of Civil Procedure, Portuguese law likewise establishes a specific period for the serving of papers. According to Article 230 of the Code of Civil Procedure, service by post is considered to have been accomplished on the day that the acknowledgment of receipt is proven to have been signed.

18 Article 231(3) of the Code of Civil Procedure

19 According to Articles 228(6) and 246(3) of the Code of Civil Procedure. The process outlined in Article 229(3) and (4) of the Code of Civil Procedure is adhered to when the parties are allowed to agree upon the address for service.

20 Article 231(5) of the Code of Civil Procedure states that the person to be served may be notified by registered letter from the registrar that a copy of the application beginning proceedings and any supporting documents are available to them.

21 According to Article 13(a) of the Ministerial Implementing Order governing the electronic processing of court processes, the dates and timestamps of issuance are certified by the courts’ computer system in cases of service or notice via electronic data transfer.

22 Law enforcement officials are required to have a bachelor’s degree in law or a related field and must:

  1. have the citizenship of Portugal;
  2. not be subject to the Bar Association’s or the Order of Legal Agents’ and Enforcement Agents’ prohibitions as set out in their statutes;
  3. not have been listed as a debtor on the official public debtors’ registry over the last decade;
  4. having finished training to become an enforcement agent;
  5. take the legal assistant test after working as an enforcement agent for over three years and receiving a good recommendation from the Commission for Legal Assistants (CAAJ);
  6. within three years after finishing their traineeship, become a member of the appropriate professional organisation;
  7. possess the bare minimum of information technology infrastructure and funding required by an act passed by the legislature.

23 Law No. 2/2013 of 5 March 2013, which approved the Legal Framework for Inventory Proceedings, granted notaries this power, thus creating a system of shared powers

24 A Statute (Estatuto dos Funcionários de Justiça), as outlined in Decree-Law No. 343/1999 on 26 August 1999, as modified, governs justice officials. When it comes to carrying out European Directives and Regulations, they are crucial in international judicial cooperation.

25 The IMT tax, which stands for ‘Imposto sobre as Transmissões Onerosas de Imóveis,’ must be paid by the so-called ‘irrevocable’ powers of attorney that may alienate real estate property, and they need to be registered on Procurações On Line.

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