José Pedroso de Melo, of counsel at TELLES, commented in the ECO newspaper on the change in the formula for calculating the extraordinary aid for the rent of owner-occupied and permanent dwellings, which came into force at the beginning of this month and which the government is now trying to change by means of a dispatch.
The TELLES tax lawyer says that the dispatch "seems clearly illegal", stressing that a tenant "harmed" by the Secretary of State's dispatch "can go to court to enforce their right".
According to José Pedroso de Melo, "it is very likely that the government, by changing the law, will give the new legal concept an interpretative character", which will allow it to be "applied retroactively to all the aid already granted under the approved regime". And, in this case, "the most that the aggrieved tenants will be able to do is to claim that this retroactive application is unconstitutional".
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