What Laws Might a Public Water Supply Company in Portugal Violate by Not Providing Contracts and Refusing Payment?

Question from sdcs, What Laws Might a Public Water Supply Company in Portugal Violate by Not Providing Contracts and Refusing Payment?

Answer from AI:

In Portugal, the provision of public water supply services is regulated by several laws and regulations, both at the national and European level. If a public water supply company goes into operation without delivering contracts with clauses to users, and decides to interrupt the water supply and does not accept payment of the minimum value proposed by the user, it could potentially be in violation of several laws.

Portuguese Constitutional Law

The Portuguese Constitution guarantees the right to a healthy and ecologically balanced human living environment and the duty to defend it (Article 66). It also establishes the right to consumer protection (Article 60).

• Right to a Healthy Environment: By interrupting the water supply, the company could be violating the constitutional right to a healthy environment, as access to clean water is a fundamental part of this right.
• Consumer Protection: Not providing contracts with clauses to users could be seen as a violation of the constitutional right to consumer protection, as it deprives consumers of the ability to understand and agree to the terms of the service they are receiving.

European Law

At the European level, the company’s actions could potentially violate the European Charter of Fundamental Rights, which guarantees the right to conduct a business (Article 16) and the right to property (Article 17).

• Right to Conduct a Business: By not accepting payment of the minimum value proposed by the user, the company could be infringing on the user’s right to conduct a business, if the water supply is necessary for the user’s business operations.
• Right to Property: If the interruption of the water supply affects the user’s property (for example, by causing damage due to lack of water), this could be seen as a violation of the right to property.

Legal Advice

This is a complex issue that involves multiple areas of law, and the specific circumstances of each case can greatly affect the outcome. Therefore, it is highly recommended that individuals facing this situation consult with a legal professional for personalized advice.

Resources

For more information on the laws and regulations governing public water supply services in Portugal, you can refer to the Official Journal of the Portuguese Republic and the EUR-Lex website, which provides access to European Union law.

Please note that this information is intended to provide a general understanding of the law, and should not be construed as legal advice.