Portugal grants Municipal Assemblies power to declare expropriations

Portugal has implemented Decree-Law no. 160/2026, which amends the Expropriation Code to grant Municipal Assemblies the authority to declare the public utility of expropriations promoted by Municipal Chambers. This change removes the previous requirement for prior validation by the central government, a process that often caused delays of months or years for local projects such as schools, roads, and cemeteries.

The National Association of Municipal Assemblies (ANAM) has welcomed the measure, stating it is a significant milestone for decentralization and administrative simplification. ANAM President Fernando Santos Pereira noted that the decision reflects state confidence in local authorities to manage matters of high public interest with territorial knowledge.

However, the shift has raised concerns regarding the balance of power and the protection of private property. Critics argue that while the measure promises efficiency, it may transfer significant responsibilities to local bodies without providing the necessary resources. There are also concerns regarding the potential for local political pressure, lack of transparency, and the ability of municipal bodies to independently evaluate whether an expropriation truly serves the public interest.