Company recovery mediator – Establishment in Portugal
If you obtained your professional qualifications in another country and want to work as a company recovery mediator in Portugal on a permanent basis, you may need to apply for the recognition of your professional qualifications with the Directorate-General for Justice Policy (DGPJ).
Any person with citizenship of a Member State of the European Union (EU), European Economic Area (EEA) or Switzerland who is professionally established in and has obtained their qualifications in one of these countries may apply.
If you obtained your professional qualifications in a country outside the EU, EEA or Switzerland, you will have to contact the DGPJ to apply for the recognition of your qualifications.
If you want to work in Portugal only temporarily as a company recovery mediator, you will need to submit a prior declaration to the DGPJ.
Procedure and requirements
Documentos and requirements
To prove that you have citizenship of an EU or EEA country or Switzerland, you will need to provide:
- Citizen Card or passport (or other type of proof of identity).
You will need to provide proof of a higher education qualification, with one of the following documents:
- diploma or degree certificate
- qualifications certificate.
If neither the profession nor the training relating to it are regulated in the Member State of establishment, you must have worked in the profession for at least 2 years during the past 10 years.
You will need to provide evidence of the following to meet these requirements:
- diploma or qualifications certificate
- a statement of experience issued by the relevant authority
- an attestation of competence issued by the competent authority of the Member State of origin (Article 11 of Directive 2005/36/EC).
Applications are made online on the ePortugal portal.
The time it takes for your qualifications to be recognised varies from 1 to 4 months, depending on whether additional documents or clarifications are needed or if it is necessary to take a test or complete an adaptation period (compensatory measures).
Before completing the form, please consult the regulated professions database to find the name of your profession(s) in the language of the Member State(s) in which you are established, or in English, Spanish, French or German. This information will be required to complete the form.
The procedure is set out below.
- Sending the form
Click on the ‘Realizar serviço’ [“Apply now”] button on this page.
Sign in with a Digital Mobile Key, Citizen Card or a lawyer, solicitor or notary’s digital certificate.
Complete the online form and attach the documents.
Submit your application.
- The DGPJ will confirm receipt of the application within 1 month (online applications are confirmed immediately) and, if necessary, will request additional documents or information.
- The DGPJ will send you a notification of the final decision within 4 months if no compensatory measures are required.
If compensatory measures are required:
The DGPJ may determine compensatory measures in order to assess the applicant’s technical skills. These measures may involve an adaptation period or test.
The final decision to authorise the applicant to practise the profession in Portugal is issued after successful completion of the adaptation period or test.
Grounds for refusal
Applicants can check all the possible reasons for the refusal of a recognition application in the ‘Legislation’ section. Applicants can also check information about how they may complain about or challenge such decisions if they wish to take a matter further.
Inclusion in IAPMEI’s list of company recovery mediators
Once you have had your professional qualifications recognised, you must apply to be included on the company recovery mediators list coordinated by the Agência para a Competitividade e Inovação, I.P (IAPMEI). See the requirements and necessary documents here.
Free of charge.
To work as a company recovery mediator in Portugal, an adaptation period or aptitude test may be required. These compensatory measures follow the criteria laid down in Article 11 of Law No 9/2009, as amended.
Legislation, refusals, contests, claims
Law 29/2013 of 27 November laying down the general principles applicable to mediation carried out in Portugal, as well as the legal arrangements governing civil and commercial mediation, mediators and public mediation.
Ministerial Implementing Order No 345/2013 of 27 November governing the rules applicable to the certification of entities providing conflict mediation courses, provided for in Article 24(2) of Law No 29/2013 of 19 April.
Order 1/DGPJ/2015 defining the procedures for the recognition of mediators’ qualifications and admissible compensatory measures.
Law No 6/2009 of 22 february approving the company recovery mediator’s statutes.
Law No 9/2009 of 4 March, as amended, transposing into national law Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.
Reasons for refusal
- Failure to comply with the technical requirements.
- The applicant does not submit the requested document(s) and/or information, after a reminder to do so by the competent authority.
- The applicant fails to turn up for the aptitude test or adaptation period after a reminder to do so by the competent authority.
- The applicant submits false documents.
- The applicant withdraws the application.
- The applicant has been prohibited or suspended from exercising the profession provided for by law or due to having committed a criminal, administrative or disciplinary offence.
- Appeal to a higher authority or supervisory body
- SOLVIT Centre in Portugal
- Appealing under national law in accordance with Article 47 of Law No 9/2009, as amended, in the absence of a decision within the prescribed period.
- Bringing a complaint to the Court of Justice of the European Union (CJEU), which ensures that EU law is interpreted and applied in the same way in all EU countries and that EU institutions and countries respect EU law.
Business days from 9 am to 5 pm.