Administrative Protection and Enforcement of Urban Law – What Forms of Reconciliation?

**Note on the Ruling of the Portuguese Supreme Administrative Court (1st Subsection of Administrative Litigation) of 8 October 2009, Proc. 0574/09, Rapporteur: Judge Freitas Carvalho**

Abstract

It violates the special duties of the councilor responsible for the planning and urban development portfolio, who is obliged to ensure compliance with municipal urban planning and land-use laws. The prolonged omission, lasting more than a year and a half, allowed a private construction project to continue without the required permit, failing to initiate an administrative offense procedure, failing to order a halt to the work, and failing to act on the official report issued by the municipal services. Despite repeated notifications from the services concluding the illegality of the construction and recommending denial of the permit application, the councilor continued with the administrative process and even went so far as to propose approval to the municipal council with a favorable report.