Portugal

SECTION II

Administrative procedure

Article 23

Subsidiary law

For any matters not expressly provided for in this Title, the principles and the provisions of the Code of Administrative Procedure shall apply to administrative procedures laid down in the cultural heritage statute.

Article 24

General completion terms

1. 1.Where the nature and the extent of the tasks so permit, the inventory procedure must be completed within a maximum one-year term.
2. 2.The classification procedure must be completed within a maximum one-year term.
3. 3. Where, within the scope of the same procedure, groups of buildings, sites, collections, holdings or equivalent realities are at issue, the person in charge may extend the aforementioned terms to the limit of the corresponding maximum terms.
4. 4.The definition of a special protection zone is subject to a maximum 18-month term.
5. 5. Once the procedural terms provided for in the foregoing paragraphs have elapsed, any concerned party may, within a 60-day term, denounce the procedural delay, in which case the Public Administration will have to take an express decision subject to an identical term, under penalty of termination of the procedure.

Article 25

Opening of the procedure

1. 1.The incitement underlying the institution of an administrative procedure for classification or inventory may originate in any person, whether natural or juristic, public or private, national or foreign.
2. 2.The formal initiative of the procedure shall be the responsibility of the State, the Autonomous Regions, the local authorities or any natural or juristic person bearing legitimacy in accordance with general terms.
3. 3.For the purposes of giving notice of the act that directs the opening of the procedure, the municipality of the area of location of the asset shall also be considered a concerned party.
4. 4.The assets undergoing a classification procedure shall be submitted to a special condition, under the terms of the law.
5. 5.An asset shall be considered in the course of classification from notice or publication of the act that directs the opening of the corresponding procedure, under the terms of paragraph 1 hereof, within the maximum term of 60 working days as from filing of the relevant application.

Article 26

Investigation of the procedure

1. 1.The investigation of the procedure is incumbent on the relevant department of the entity responsible for the final decision, in compliance with its constitutional and organic laws and further regulatory statute.
2. 2. The tasks and specific functions of the procedure may be assigned to non-public entities, provided the exercise of any ablatitious acts is excluded.
3. 3.During the investigation of the procedure the qualified advisory bodies shall be heard in accordance with the law.

Article 27

Hearing of the concerned parties

1. 1.The concerned parties shall bear the burden of providing the investigation of the procedure with any and all facts and data able to lead to a just and expeditious decision, and they must be heard before a final decision is taken under the terms of the Administrative Procedure Code.
2. 2.Where the number of concerned parties exceeds 10, there shall be organised a public consultation under the terms of the Administrative Procedure Code.

Article 28

Form of the acts

1. 1. The classification of an asset as bearing national interest shall operate through a Government decree.    
2. 2. The classification of an asset as bearing public interest shall operate through a ministerial order.    
3. 3.The form of the remaining acts to be exercised shall comply with the provisions of the applicable law.
4. 4. Any final act of a procedure on a concrete form of protection shall be duly grounded and strictly identify the relevant asset or universitas components.

Article 29

Notification, publication and effects of the decision

1. 1.The final decision shall be notified to the concerned parties and to the municipality of location of the asset, where the service in charge of the investigation of the procedure is not integrated in the latter, as well as to any associations which may have taken part in the investigation of the procedure.
2. 2.Every final decision shall be published.
3. 3.The decision takes effect as of the date of its notice to the directly concerned parties.

Article 30

Revocation procedure

The provisions of this section shall apply, mutatis mutandis, to extinctive procedures relating to acts having established any form of protection.