Portuguese State threatening to repossess Private homes on Portuguese coasts in contravention of European Laws

I am a British Citizen, an EU Citizen a Private home owner in Portugal a European Union Member State.

I own a home within 50 metres of the sea in Portugal.

The Portuguese Government authorities are asking me and thousands of private homeowners to prove with documents under Portuguese Law 54/2005 (‘the law)’ that their home in Portugal within 50 metres of the sea has been privately owned for 150 years!

The sanction against private homeowners if they fail to prove by 1st July 2014 with documents that their home has been privately owned for 150 years is transfer of the ownership of the home to the Portuguese State.

In other words if private homeowners fail to prove with documents under the law that their home in Portugal within 50 metres of the sea has been privately owned for 150 years they will no longer own their home and not be able to sell their home or transfer the property to family or anyone.

Clearly, the law is in breach of European laws that give rights to EU citizens/homeowners and protect them including:

  1. Article 17 of the EU Charter of Fundamental Rights
  2. The Principle of Legal Certainty in European Community (‘EC’) Law
  3. EC Laws that prohibit Retroactive Laws breaching EU citizens/homeowners rights

Therefore, as an EU Citizen I have made a formal complaint to the European Commission to the European Commissioner Viviane Reding to take action immediately to stop the harassment of private homewoners in Portugal under the Portuguese Law 54/2005 by preventing the enforcement of this Portuguese law which will adversely affect thousands of EU citizens.

The writer of this article Paul Abbiati is a Private home owner in Portugal a European Union Member State and owns a home within 50 metres of the sea in Portugal. Paul is also a Fellow of the European Law Institute

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