Professional competence, experience and academic recognition

Professional ethics and deontology

New Technologies and innovation for the benefit of the client

Cohesion and solidarity

Cláudia Monge

Cláudia Monge

(Partner)

Lisbon, 1975

cmonge@bas.pt

Admitted to the Portuguese Bar Association, 2000

 

Languages: en fr

  • In the practice area of Life Sciences, the lawyer Claudia Monge is highlighted in the European directory Chambers Europe 2021.
  • Recognized in the areas of practice Health, Privacy and Data Security, and Administrative Law in the 2020 edition of The Best Lawyers.

Academic Career

PhD from the Faculty of Law of the University of Lisbon in the area of Legal and Political Sciences with the theme The right to health protection and the content of medical care in February 2016.

Master’s degree in Legal and Political Sciences, by the Faculty of Law of the University of Lisbon (Master’s thesis with the theme: Contribution to the study of Health Law: the provision of health care), in 2002.

Graduated in Law from the Faculty of Law of the University of Lisbon, in 1998.

 

Other relevant information

Auditor of the Centre of Biomedical Law Courses of the Faculty of Law of the University of Coimbra (7th Postgraduate Short Course in Informed Consent, November 2011; 4th Postgraduate Short Course in Clinical Process and Secret, in March 2012); auditor of the First Postgraduate Course on Medical Law and Criminal Justice of the Faculty of Law of the University of Lisbon (academic year 2013-2014).

Contracting Management of Public-Private Partnerships (PPP) and other complex public procurement course: realizing value for money in the contract execution phase  (PPP) and other complex public procurement: a real value for money in the contract execution phase organized by the European Institute of Public Administration (EIPA), held in Maastricht in October 2013.

European Summer School Health Law and Bioethics – Toulouse, 2012, admitted following an entrance test by the Biomedical Law Centre of the Faculty of Law of the University of Coimbra.

Professional Career

Current professional situation:

Assistant Professor at the Faculty of Law of the University of Lisbon, since 2016;

Assistant at the Faculty of Law of the University of Lisbon since 1999;

Lawyer, Partner at BAS – Law Firm, SP, RL;

Lawyer since 2000.

 

Professional experience as a lawyer

Admitted to the Bar Association in 1998 as a trainee and in 2000 as a lawyer;

Law and legal services, in particular in the areas of Health Law, in the different subjects that integrate this branch of Law, namely health care contracting, financing of the health system, patients’ rights, protection of medical data, civil, criminal and deontological responsibility of health professionals, public-private partnerships in health, and Administrative Law, Public Procurement and Protection of Personal Data.

 

Professional experience as a professor

02.2016– present: Assistant Professor at the Faculty of Law of the University of Lisbon;

2002 – 01.2016: Assistant at the Faculty of Law of the University of Lisbon.

1999 – 2002: Junior assistant at the Faculty of Law of the University of Lisbon, between 1999 and 2000.

2000 – 2003: Invited assistant at the Atlântica University, professor of Health Law and Bioethics in the Health Management course.

2002 – present:  Professor at Fundação CEFA (Local Authority Public Training Centre) in the courses for Municipal Police and Municipal Inspector.

October 2003 – August 2004: Collaboration with Lusófona University in the subject of Health Law and Bioethics.

2005-2006: Invited assistant in the post-graduation course in Health Law at the Faculty of Law of the Catholic University, in Lisbon.

2008: Professor in the post-graduation course in Health Law at the Faculty of Law of the University of Lisbon.

2010 – present: Professor in the Masters course in Regulation and Evaluation of Drugs and health products, at the Pharmacy Faculty of the University of Lisbon.

 

 

Publications and Conferences

    • “Green hospitals: between the right to health and environmental protection”, in Carla Amado Gomes, Cláudia Monge, Aquilino Paulo Antunes and Heloísa Oliveira (coord.), Sustainability and efficiency in the hospital sector – How green can hospitals be, Institute of Legal and Political Sciences and Public Law Research Centre, April 2022;
    • “Medical liability in public hospitals and in private hospitals”, in André Gonçalo Dias Pereira, Filipe Miguel Albuquerque Matos, Javier Barceló Domenech and Nelson Rosenvald (Coord.), Civil liability in health, Diálogo com o Prof. Doutor Jorge Sinde Monteiro, Coimbra, Instituto Jurídico | Faculdade de Direito da Universidade de Coimbra, 2021, pp. 59-82, available at ;
    • “Access to health information and genetic information”, in Tiago Fidalgo de Freitas and Pedro Delgado Alves (coord.), O acesso à informação administrativa, Coimbra, Almedina, 2021, pp. 549-649;
    • “A WHO e o multilateralismo no combate das ameaças transnacionais à saúde pública”, in Maria Luísa Duarte, Rui Tavares Lanceiro and Francisco de Abreu Duarte (coord.), Ordem Jurídica Global do Século XXI – sujeitos e actores no palco internacional, Lisbon, AAFDL Editora, 2020, pp. 173-198;
    • Annotation to “Article 25 – Health”, in Joaquim Correia Gomes, Luísa Neto and Paula Távora (org.), Commentary to the United Nations Convention on the Rights of Persons with Disabilities, Imprensa Nacional da Casa da Moeda, 2020;
    • “Health Professionals”, in Paulo Pinto de Albuquerque (org.), Commentary on the European Convention on Human Rights and the Additional Protocols, Volume III, Lisbon, Universidade Católica Editora, 2020, pp. 2909-2929;
    • “Introduction to the emergence of the health crisis”, in Carla Amado Gomes and Ricardo Pedro (coord.), Direito Administrativo de necessidade e de exceção, Lisbon, AAFDL Editora, 2020, pp. 217-287;
    • A proteção e a promoção da saúde da pessoa idosa, in Carla Amado Gomes e Ana Fernanda Neves (coord.), Direito e direitos dos idosos, Lisbon, AAFDL Editora, 2020, pp. 133-180;
    • Health data protection in public hospitals, in Revista de Direito Administrativo Year III, nr. 8, May-August 2020, AAFDL Editora, pp. 79-89;
    • Medical secrecy, in Os Segredos no Direito, in (coord. Carla Amado Gomes, Ana Fernanda Neves and Pedro Lomba), AAFDL, Lisbon, 2019, pp.175-212;
    • The fundamental right to health protection, in Revista E-PUBLICA, Revista Eletrónica de Direito Público, Vol. N.º 5, n.º 2 Abril 2019;
    • Social concerns and assistance in illness in the Portuguese Constitutions (1822 to 1976), in Resgate da Dignidade, The Universal Declaration of Human Rights and the 40 years of the SNS (Coord. José Martins Nunes), Minerva, Coimbra, 2019, pp. 113-168;
    • Testimony, in Cadernos da Lex Medicinae – no. 3 | Basic Health Law – Materials and reasons for a project, Legal Institute Faculty of Law of the University of Coimbra, Coimbra, Coimbra, 2018, pp. 87-90;
    • Health care provision and the age of consent, in A dignidade da pessoa humana na justiça constitucional, Lisbon, 2018, pp. 177-204;
    • The groupings of health centres, hospital centres and hospitals, in Organização Administrativa: Novos Actores, Novos Modelos, Volume I, Lisbon, 2018, pp. 363-417 (co-authored with Luciana Sousa Santos);
    • The commissions, in Administrative Organization: New Actors, New Models, Volume I, Lisbon, 2018, pp. 713-742 (co-authored with Marco Aurélio Constantino);
    • Green Public Procurement, in Actas do Workshop ICJP/Colégio F3  Será a Agricultura Biológica Sustentável, Carla Amado Gomes and Rute Saraiva (coord.), ICJP, ISBN: 978-989-8722-21-8, 2017, pp. 51-81.
    • Groupings of contracting authorities, central purchasing bodies, framework agreements, in Atas da Conferência A revisão do Código dos Contratos PúblicosMaria João Estorninho and Ana Gouveia Martins (coord.),ISBN:978-989-8722-17-1, 2016, pp. 254-273.
    • Advance Directives of Will, Lisbon, AAFDL, 2014.
    • Civil liability in the provision of health care in public and private health establishments, in Responsabilidade na Prestação de Cuidados de Saúde, Jornadas de Reflexão, e-book Instituto de Ciências Jurídico-Politíticas da Faculdade de Direito da Universidade de Lisboa, coord. Carla Amado Gomes, Miguel Assis Raimundo e Cláudia Monge, 2014, pp. 6-59.
    • The responsibility of hospital establishments integrated in the National Health Service for acts of health care provision, in Novos temas da responsabilidade civil extracontratual das entidades públicas, e-book Instituto de Ciências Jurídico-Politíticas da Faculdade de Direito da Universidade de Lisboa, coord. Carla Amado Gomes and Miguel Assis Raimundo, 2013, pp. 95-117.
    • Le droit de la santé et la relation de soins, in Le droit de la santé et la justice, colec. Séminaire d’actualité de droit médical, Bibliothèque de Droit de la Santé et d’Éthique Médicale, 2013.
    • Contractual liability of an establishment integrated in the National Health Service, Annotation to the Judgment of the TCA-Norte, of 30 November 2012 (proc.01425/04.8BEBRG), in Non-contractual Civil Liability of Public Entities, Jurisprudence Annotations, e-book Instituto de Ciências Jurídico-Politíticas da Faculdade de Direito da Universidade de Lisboa, coord. Carla Amado Gomes e Tiago Serrão, 2013, pp. 33-55.

Conferências:

Speaker in post-graduation courses, conferences and seminars in the areas of Administrative Law, Public Procurement, Health Law and Public-Private Partnerships.

Speaker in post-graduation courses, especially in Health Law (at the Faculty of Law of the University of Lisbon, coordinated by Professor Sérvulo Correia and Professor Carla Amado Gomes and at the Catholic University of Portugal, coordinated by Rita Magalhães Collaço and Professor Rui Medeiros) and in conferences, seminars and workshops, especially in matters of Health Law, Data Protection, Administrative Law, Public Procurement, Public-Private Partnerships, namely:

“Data protection in health establishments”, in the Update Course The Covid-19 Pandemic and Data Protection, of the Legal Institute of Communication of the Faculty of Law of the University of Coimbra, 12.05.2020;

Lecture dedicated to the topic “The fundamental right to health protection” to the Medical Course of the Faculty of Medicine of the University of Lisbon, 18.02.2020;

Speaker on the topic “Health data protection” in a training activity for the Medical Internship promoted by Centro Hospitalar Universitário Lisboa Norte, 06.01.2020;

Lecture under the theme Special Regimes: Health, in the Course on Civil Liability of Public Entities, of the Institute of Legal and Political Sciences, 17.12.2019;

The Informal Caregiver, at the Conference “Existing as I Exist”, promoted by APELA – Portuguese Association of Amyotrophic Lateral Sclerosis, in Coimbra, 13.12.2019;

A class dedicated to the topic of Dynamic procurement systems, Framework Agreements and tied procurement, in the Postgraduate Course in Public Procurement Law, promoted by the Institute of Economic, Financial and Tax Law, the Institute of Legal and Political Sciences and the European Institute of the Faculty of Law of the University of Lisbon;

Collaboration in the 13th, 14th and 15th Postgraduate Short Courses on Medical Liability of the Biomedical Law Centre of the Coimbra University Faculty of Law;

Public accountability policies and contractual liability – Of health in particular, in Colóquio Luso-brasileiro de Direito Público, org. Instituto de Ciências Jurídico-Politíticas e Centro de Investigação de Direito Público, 15.11.2019;

Data protection in public procurement, in 13th National Congress on Electronic Public Procurement, Organization APMEP – Portuguese Association of Public Markets, 29.10.2019;

Participation in the Workshop – The national law implementing the RGPD: what to expect? University of Lisbon Law School, organized by the Public Law Research Centre, with intervention on the Processing of health data and genetic data, 11.10.2019;

The protection and promotion of the health of the elderly person, in O direito e os direitos da pessoa idosa, org. Instituto de Ciências Jurídico-Politíticas e Centro de Investigação de Direito Público, 08.10.2019;

Anonymous Damage, The medical error, org. Lisbon Regional Council of the Bar Association – Seixal Delegation, 01.10.2019, in The medical error, org. Lisbon Regional Council of the Bar Association – Amadora, Oeiras, Mafra and Sintra Delegations, 18.07.2019, and in The medical error, org. Lisbon Regional Council of the Bar Association, 25.06.2019;

The Data Protection Officer, I, II, III and IV Intensive Course on the new General Data Protection Regulation, University of Lisbon Law School, Institute of Legal and Political Sciences, on 19.06.2018, 28.06.2018 and 18.09.2018 and 12.09.2019;

Health data processing and genetic data, in Workshop – The national law implementing the GDPR: what to expect?, University of Lisbon Law School, Public Law Research Centre, 01.07.2019;

Business intelligence in health and fundamental rights, in Serões da Saúde 2019, Session 2 – Data Protection in Health – what changes?, org. Inspeção-Geral das Atividades em Saúde, Lisbon, Infarmed Auditorium, 26.06.2019;

For the rights of people who care and those who are Cared for, in Awareness Action APELA – Portuguese Amyotrophic Lateral Sclerosis Association, Lisbon, 21.06.2019;

The status of health professionals in the European Convention on Human Rights, in Congress on the European Convention on Human Rights and the Additional Protocols, at the Faculty of Law of the University of Lisbon, org. European Court of Human Rights, Bar Association and Faculty of Law of the University of Lisbon, scientific organization Paulo Pinto de Albuquerque, 05.06.2019;

The empowerment and rights of people in the health context, in Serões da Saúde 2019, 2nd Cycle, org. General Inspection of Health Activities, 08.05.2019;

Round Table Challenges in the application of the RGPD and the charter of fundamental rights: health, criminal cases, consumption, Data protection, implementation of EU law and dialogue between courts, University of Lisbon Law School, org. Institute for Legal and Political Sciences and Public Law Research Centre in partnership.

Medical confidentiality, in Os Segredos no Direito (Secrets in Law), University of Lisbon Law School, organized by Instituto de Ciências Jurídico-Politíticas and Centro de Investigação de Direito Público, 19.02.2019;

Speaker at Round Table on the theme Dialogue with Patients | Biosimilars: the patients’ perspective in the therapeutic decision, promoted by Escola Nacional de Saúde Pública, 13.02.2019;

Patients’ rights in Portuguese Law: the difference of knowing, in Seminar – “Can Patients influence the political agenda”, Academy for the empowerment of patients’ associations, org. National School of Public Health, 08.02.2019;

The right to health in Portugal, in Public Law and Risk, University of Lisbon Law School, Luso-Brazilian Colloquium, org. National Association of Members of the Public Prosecutor’s Office, Institute of Legal and Political Sciences and Public Law Research Centre, 29.01.2019;

General data protection regulation: the regime of the Personal Data Protection Law (LPDP) as to “sensitive data” (art. 7) versus “Processing special categories of data” (art. 9 RGPD) and the new figure “Data Protection Officer” (data protection officer), in I Postgraduate Refresher Course – Medical Law, Leges Artis, Clinical Practice, Faculty of Medicine of the University of Lisbon, 09.11.2018;

Lecture dedicated to the topic The Basic Law on Health: a new paradigm?, in the IV Course on Medicine Law, of the Research Centre for Theory and History of Law of the University of Lisbon, 18.10.2018;

Training Action Contract Manager and the execution phase, 26.09.2018;

General data protection regulation: consent in clinical research, in Da regulação à proteção dos cidadãos: aspetos jurídicos, Infarmed – Autoridade Nacional do Medicamento e Produtos de Saúde, I.P., 19.09.2018;

Aggregation and rationalisation instruments: framework agreements, dynamic procurement systems and electronic catalogues, in Update course on the revision of the public procurement code, Faculty of Law of the University of Lisbon, Institute of Legal and Political Sciences, 19.06.2018;

The Protection of Personal Data, debate promoted by Universidade Católica Editora, at the Lisbon Book Fair, 10.06.2018;

Grouping of contracting entities and Central purchasing bodies, in Update course on the revision of the code of the public contract, Faculty of Law of the University of Lisbon, Institute of Legal and Political Sciences, 22.05.2018;

 Updates on Biologics and Biosimilars, org. Portuguese Association of Hospital Pharmacists, 10.03.2018;

The revision of the public procurement code, Public Procurement and PPPs, org. Inspectorate General of Finance and NOVA IMS, 18.01.2018,

Central purchasing bodies, framework agreements and dynamic procurement systems, Update course on the revision of the Public Procurement Code, Faculty of Law of the University of Lisbon, Institute of Legal and Political Sciences, 08.11.2017;

How to listen to Users and their Perspectives”, 2nd edition Lean Health Meeting, Portuguese Association for Hospital Development, 03.11.2017;

Public procurement and sustainable food, Agro Network, Faculty of Law, University of Lisbon, 26.10.2017;

Aggregation and rationalisation instruments: framework agreements, dynamic procurement systems, electronic catalogues, clusters of contracting authorities, in As principais novidade do código dos contratos públicos revisto, Faculty of Law of the University of Lisbon, Institute of Legal and Political Sciences, 26.09.2017;

Access to health information and information on genetic matters, in Postgraduate Course Access to administrative information – Health information module, University of Lisbon Law School, 18.07.2017;

Groupings of contracting entities, Central purchasing bodies, Framework agreements, in Postgraduate Course Public Procurement, Faculty of Law of the University of Lisbon European Institute, IDEFF and ICJP, 11.05.2017;

Health Data Protection and the Regulation (EU) 2016/679, Interdisciplinary Network on Health, redeSAÚDE, 4th Annual Conference, May 4, 2017;

Analysis and practical application of Regulation (EU) 2016/679, 27 April 2016, Conference “Impact of EU Regulation 2016/679 (processing of personal data) on Information Systems Governance, Católica Porto Business School and European Club for Information Systems Governance, 27.04.2017;

Health data and Regulation (EU) 2016/679 – the rights of patients and data subjects, in particular, Portugal eHealth Summit, Shared Services of the Ministry of Health, 05.04.2017;

New General Data Protection Regulation, in particular on health data, Clarification session, Palácio Sottomayor, Lisbon, 14.12.2016;

Green public procurement, Workshop ICJP/Colégio F3 Será a Agricultura Biológica Sustentável, Institute for Legal and Political Sciences and Public Law Research Centre, 04.11.2016;

In search of public-social partnerships?, “Economia social: do conceito à prática”,¸ University of Lisbon Law School & D. Pedro IV Foundation, 12.10.2016;

Groupings of contracting entities, Central purchasing bodies, Framework agreements, in Anteprojeto de revisão do código dos contratos públicos, Lisbon University Faculty of Law, Institute of Legal and Political Sciences and Public Law Research Centre, 15.09.2016;

Cloud computing and health data, Lisbon eHealth Summer Week, 30.06.2016;

Symposium on genetics and personal data protection, “Genetics Clinic of the Future (GCOF)”, Calouste Gulbenkian Foundation, 7 June 2016;

Health and Environment as a determinant of health: Competences and responsibility in the Portuguese legal system, III Luso-Brazilian Journeys of Environmental Law: Legal Guardianship of Environmental Health in Brazil and Portugal, Brazilian Law Institute, 08.03.2016;

State Civil Liability for Medical Error, Specialization Course – Administrative Law Themes, Centro de Estudos Judiciários, 20.05.2015;

Cross-border healthcare provision – its compatibility with the Public Contracts Code, Seminar – Public Procurement in the Health Sector – New Dimension, SPMS, Portuguese Catholic University, 20.11.2014;

Living Will – Legal Analysis, Conference Association of Portuguese Catholic Doctors, 31.10.2014;

Civil liability of public health establishments, Conference “Civil Liability of Public Entities”, PLMJ – Sociedade de Advogados RL, 13.03.2014;

Civil liability in the provision of health care in public and private health establishments, at the Jornadas de Reflexão sobre Responsabilidade na Prestação de Cuidados de Saúde, of the Institute of Legal and Political Sciences of the Faculty of Law of the University of Lisbon, 13.12.2013;

Patients’ Rights and Duties and Civil and Criminal Liability for the Provision of Health Care, in Seminar HEALTH LAW, ELSA Lisbon Faculty of Law, 19.04.2013;

PPP in Health A Privileged Reflection in 3 Perspectives, Porto Faculty of Economics, 01.03.2013;

Public procurement and access to information, University of Lisbon Law School, 02.2013;

A responsabilidade dos estabelecimentos hospitalares integrados no Serviço Nacional de Saúde por atos de prestação de cuidados de saúde”, in Novos temas da responsabilidade civil extracontratual das entidades públicas, org. Instituto de Ciências Jurídico-Politíticas da Faculdade de Direito da Universidade de Lisboa, 05.12.2012;

Intervention on data protection in a conference organized by the Commission for Access to Administrative Documents and the Faculty of Law of the University of Lisbon, at the Faculty of Law of the University of Lisbon in May 2009;

PPP Project Finance, Perspetiva Jurídica, org. in Portugal/iiR Angola, 17 March 2011; The Legal Side of Public-Private Partnerships, A estrutura do contrato de um projecto de PPP, org. NPF, 16.05.2007.

 

 

Areas of practice