Liability for environmental damage in Portugal - A short overview

Abstract

The environmental law enshrined as a fundamental principle in article 66 of the Portuguese Constitution. The Environmental Liability Directive establishes a framework of environmental liability, based on the "polluter-pays" principle, to prevent and remedy environmental damage. The Decree-Law 147/2008, of 29th July came transpose into Portuguese law Directive 2004/35/EC of the European Parliament and of the Council of 21st April 2004. The Law 67/2007, of 31st December, establishing in Portugal the regime for tort liability arising from losses caused by third parties, due to the acts of public management in relation to all the functions of the State, i.e. i) administrative, ii) legislative, and iii) jurisdictional.