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meIn statements today to the Lusa agency, the lawyer of the Elefante Branco Bar Association, José Manuel Castro, explained that it is a provisional decision, because the court is still waiting for a “motivated resolution from the Government.”
“Until the reasoned resolution appears and the court does not rule, effectively, the White Elephant is operating with the old schedule, until 04:00, due to the admission of the precautionary measure, “he said.
According to the lawyer, with the admission of the precautionary measure, the rules challenged by the establishment night they were “soon suspended”.
“It is a consequence of the law. The court, by admitting the precautionary measure, immediately suspends the challenged rules. Therefore, by suspending the challenged rules, the previous rules automatically come into force,” he explained.
In August, the White Elephant filed a precautionary measure against the decision taken by the Council of Ministers on 30 July, which determined that bars and discos, until then closed, could function as patisseries or cafes, as long as they met the same distance rules for these establishments.
The bars and nightclubs that opted for this possibility can operate until 20:00 in the Zone Metropolitan of Lisbon and until 01:00 (with entry limit at 24:00) in the rest of the continental territory, such as restaurants.
On the occasion, José Manuel Castro told Lusa that the establishment filed a precautionary measure against the entry into force of the new schedule rules, alleging “organic unconstitutionality.”single Government to legislate in this regard ”.
“Providence [cautelar] aims to nullify and challenge the rules that oblige establishments night operating as cafes or patisserie until 20:00 and is based on an organic unconstitutionalitysingle of the Presidency of the Council of Ministers ”, stressed the lawyer.
The White Elephant, which doubles as a restaurant, has been welcoming customers for meals until 00:00, closing at 01:00.
José Manuel Castro added that the court ordered to notify the Council of Ministers, which has not yet responded, to challenge the decision.
“As the Government has not yet challenged, it is still on time, the judge has not yet made the final decision. This is a provisional decision. The rules of the new legislation on discos in relation to the White Elephant are suspended,” he recalled, adding that The state has “five more days to challenge.”
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