OVER-50s FINES – DEADLINE EXTENDED

The government has approved Decree-Law 51/2023 which, under Article 3, paragraph 6, provides for the extension of the deadline for paying the so-called “over-50s fines” (which also concern the other categories mandated to receive the Covid-19 serum, such as healthcare workers) until 30 June 2024. The extension applies to all activities and all deadlines related to the service of debit notices, as we have already explained with regard to the previous extension (the issue has been discussed extensively on the channel and on YouTube).
The government's sheer inadequacy is confirmed once again. Despite promises to cancel the fines, the government merely scrapes by from one postponement to the next, displaying the arrogance and lack of respect that characterises all political activity.

In practical terms, nothing changes: there is no need to do anything until 30 June 2024.

The deadline for paying the fines has been deferred to 29 August 2024. If the fines are still in force by that date, there will be time and opportunity to challenge them via the correct procedural remedy, namely an opposition under Article 615 of the Code of Civil Procedure, starting from 1 July 2024.
Enforcement proceedings cannot commence before 29 August 2024, and the amount of the fines remains unchanged at 100 euros.

In the meantime, there is no need to pay and, in fact, it is a serious mistake to do so. One of the reasons the government does not know how to resolve the matter is precisely the problem of those who needlessly rushed to pay. If the fines are cancelled, they will be entitled to a refund, and this puts our patriotic rulers in a quandary—always very quick to pocket citizens’ money, but reluctant to repay ill-gotten gains.

In recent months, some individuals have challenged the debit notices, although this was an entirely futile initiative. In almost all instances, the judgments are irrelevant because they were delivered against an entity (the Ministry of Health) that is not the correct respondent to the challenges, and because they were based on the Ministry’s failure to enter an appearance. Only in a few cases did the proceedings also take place against AdER, resulting in cancellations that are also effective against the party with standing.

Haste in bringing legal proceedings prematurely has proved ill-advised. While there have been some successes—which are, of course, to be welcomed—there is a real risk that the administration will appeal, creating the need at that point to spend money on a lawyer. We should therefore await developments without embarking on actions that could prove counterproductive.