Does COVID-19 have any impact on my relationship with the Public Administration (namely as pertains to meeting deadlines or observing any formalities)? To what extent?

In broad terms, the consequences of COVID-19 on relations between private individuals may also, with certain adaptations, be extrapolated to the relationship between individuals and the Public Administration, notably and always subject to a case-by-case analysis:

  • qualification as a "force majeure" event, as grounds for not complying, in whole or in part, with obligations provided for in an administrative contract, in particular with regard to deadlines (depending on what the contract specifically provides for and provided that a causal link between the illness and the impossibility of meeting deadlines is evidenced, as well as the impossibility or unenforceability of taking alternative measures, or their insufficiency, and always without prejudice to the counterparty's duty to inform);
  • claiming the occurrence of an abnormal and unforeseeable change in circumstances as grounds for amending the contract and/or restoring the financial balance;
  • claiming a "justifiable reason" as grounds for excusable non-compliance with deadlines before the Public Administration (or, at least, as a ground for requesting an extension of the deadline). 

Further, it is worth mentioning that Decree 12/2020 establishes that pending the state of emergency the issuance of official documents, including IDs and visas, is suspended. Similarly, it is provided that licenses, permits or other types of administrative acts that have expired during this period shall remain valid.

 

 

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This information is being updated on a regular basis.

All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.