Lisbon, 2017-09-26

Since the adoption of the law on electronic signature in 1999, there is a strong political will in Portugal for a computerisation of the public administration and justice. The electronic file management was established by law in the Civil Procedural Code as early as 2006. In the following year, the submission of pleadings by means of the electronic data transmission were given priority. For execution proceedings, the first virtual office was already established in 2005. Since then, the submission of execution applications was only permissible in digital format.

In 2008, however, a breakthrough in electronic legal transactions was finally achieved by creating the electronic court platform, called “Citius” (Latin: “faster”), and the adoption of the implementing regulation for the electronic proceedings management.

Also in 2008, the complete electronic dunning procedure was implemented.

Since July 2009, after an initial test period, lawyers, as well as judges, prosecutors, judicial officials and bailiffs are connected in civil proceedings with the electronic platform Citius.

Pleadings and documents are submitted exclusively via Citius, as well as the passing of decisions, judgements and other written files. Lawyers will have access to the electronic trial record including all incoming mails in digital form. Deliveries among the parties’ attorneys at law and on behalf of the court are exclusively made via Citius, as well as the designation and communication with bailiffs. Even the enforcement clause within the dunning procedure shall be applied via Citius and can be accessed with corresponding login details at any time. Several electronic tools are available to the bailiff, such as the electronic seizure of bank accounts, vehicles and real estate, the electronic query of databases, electronic deliveries and general access to electronic files and the electronic record of debtors.

True to its name, Citius has fundamentally contributed to faster and more efficient procedures in civil proceedings, which benefits both lawyers and other parties. An example, the automated dunning procedure: Usually, it rarely lasts longer than six weeks for an enforceable title to exist. A subsequent execution proceedings can be immediately initiated by the competent court via Citius, specifying the electronic title. The opportunity for electronic query of databases and seizures saves the bailiff a lot of time and effort and leads to a quicker success by the creditor. In total, the administrative burden is significantly reduced.

In terms of electronic legal communication, Portugal is one of the leading countries in Europe. The question rises rightly, in which direction further developments will go. In its program „Justiça + Próxima“ (Portuguese: even closer justice), the current government has earmarked, amongst others, new measures in electronic summons and delivery as well as the introduction of electronic legal communication at First and Second Civil Instance and also the automatic transcription of videoconferences.

The Portuguese justice has already arrived in the digital age.

Author: Cristina Dein, attorney at law

Dein Advogados