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Portuguese Municipal Assemblies gain expropriation powers
Portuguese Municipal Assemblies have gained the authority to declare the public utility of expropriations initiated by Municipal Chambers, removing the requirement for prior central government approval. This change follows the implementation of Decree-Law no. 160/2026, which amends the Expropriation Code.
Under the new regime, the declaration of public utility is deliberated by the Municipal Assembly based on a reasoned proposal from the Municipal Chamber. This applies to both standard and urgent expropriations. Decisions must be made by a majority of active members and are communicated to the central government for informational purposes only, though the government retains inspection powers. If an expropriation affects multiple municipalities, the respective assemblies must all deliberate on the matter.
The National Association of Municipal Assemblies (ANAM) has welcomed the measure, describing it as a significant step in decentralization and a sign of trust in local elected officials. Previously, municipal projects such as schools, roads, or cemeteries often faced delays of months or even years while awaiting government validation. The new law aims to provide faster responses to local needs while maintaining the rights of property owners to receive compensation.
Entities
Assembleia da República · Assembleias Municipais · Associação Nacional de Assembleias Municipais