Recommendation No.5/A/2016 Proc. Q-2308/13 Entity addressed: Municipality of Lisbon Data: 2016.12.14 Subject: Lisbon master plan. Exemption of compliance with the construction standards in the riverside zone Status: Accepted The Ombudsman concluded that the Lisbon master plan has some rules that create an exemption of compliance with the construction standards in the riverside zone. To apply this exemption the municipality only has to declare that the project is of exceptional interest to the city. At the same time, that master plan doesn’t establish any others standards to this zone. The application of this regime will vary upon undetermined concepts, leaving a large margin of discretion to the municipality on a casuistic basis. In order to ensure greater certainty and predictability in the application of the law, the Ombudsman recommended that these rules should be amended. Otherwise, these rules are in violation of the principles of equality, legal certainty and the citizen’s participation rights. • Recommendation No. 6/A/2016 Case Q-4162/14 Entity addressed: Scutvias Mortorways company Date: 2016.12.16 Subject: Rights of the users of roads classified as concessionaire highways Status: Waiting for reply A complaint was investigated concerning the refusal by a concessionaire company on assuming liability for the damage suffered by a vehicle as a result of a collision with an object left on the highway. The Ombudsman concluded that the concessionaire did not take appropriate measures in order to prevent the accident. In fact, general allegations that patrols were conducted at a diligent, acceptable, permanent and regular frequency are not sufficient to refute the legal presumption of non-compliance with the security obligations imposed upon concessionaires. The mere allegation that a vehicle is driving at excess speed does not serve as proof of causal link between the fact occurred and the damage produced. | 109