Points of law

As most other European states, Portugal considers that Foreign State immunity can no longer be considered absolute. However, regarding immunity from execution measures, States have been generally far more reluctant to remove the traditional immunity shield. This seems to reflect the awareness that enforcement measures imply a far greater and more direct interference with a Foreign State’s sovereignty than the adjudicatory jurisdiction.

Hence, the Portuguese Ministry of Foreign Affairs considers that public service assets are exempt from measures of execution in another country. Nevertheless, we are aware that immunity from execution measures restricts the enforcement powers of national courts and other organs.

In our view, the possibility of seizure of bank accounts must be understood with reference to two core principles of International Law: i) the property serving sovereign purposes (ius imperii) – property serving non-sovereign purposes (ius gestioni) dichotomy; and ii) the ne impediatur legatio principle. According to the later, all assets assigned to the functioning of the Mission enjoy an autonomous immunity from execution, distinct from that of the sending State. No enforcement measures can be undertaken, unless the State agrees to waive its immunity shield, by explicitly expressing its consents on the adoption of such measures.

Specific provision(s) of the law

Sources

Additional information (explanations, notes, etc.)