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DRAFT RESOLUTION NO. 124 /X

ABOUT THE PARLIAMENTARY INQUIRY TO THE MANAGEMENT OF THE PROCESS

EUROMINAS

Throughout the work carried out within the framework of the Commission of Inquiry into Management of the

Eurominas Process, the Deputies of the Parliamentary Group of the Socialist Party always

have expressed the desire and firm intention to ensure all the rigour and transparency about

the same. In that sense, they have announced at various times their readiness to

that, completed the work of the Commission and appreciated the competent report and

conclusions, the whole process was remitted to the Attorney General of the Republic for the

purposes taken by convenient.

The publicity of the Eurominas process and its shipment to that entity is the objective

central to the present Draft Resolution.

However, the analysis and evaluation made at the headquarters of the Parliamentary Committee of Inquiry into

around the Eurominas process, allowed also the detection of normatives that

they integrate the Portuguese legal order, approved in the 60, which are shown today

outdated and non-compliant with the evolution of the general principles of law

administrative and with principles and standards inscribed in the Constitution of the Republic

Portuguese.

We refer, in concrete, to the standard contained in Article 5 (2) of the Decree-Law No 48

784, of December 21, 1968, which determines that in cases where land

disaffected from the maritime public domain is given different use of the fixed in the

Decree of misallocation or in relation to which the conditionalism is not observed

in it established, the same will revert to the public domain with loss in favour of the

State of the works and benfeits in them carried out and without right to any compensation

nor to the refund of the price paid.

The recognition and enhancement of the rights and guarantees of individuals in the face of

State occurred in the last twenty years, namely the prohibition of forfeiture and

expropriation without right to a fair compensation, point to a clear

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discompliance of the alluded legal norm with constitutionally-based rights and interests

protected and with the evolution of the general principles of administrative law.

This is not, in the rest, unique case in the Portuguese legal order. To the State, in its function

legislative, it is up to the task of ensuring the useful effect of the normative framework and its

adaptation to the natural evolution of the realities of the Country. In this context, the Deputies of the

Parliamentary group of the Socialist Party, consider it also timely to recommend the

Government to undertake the lifting and evaluation of legislation passed there are several

decades in general, and of the legal regime of the misallocation and reallocation of goods to the

public maritime public domain in particular, in the light of the current general principles of law

administrative and principles inscribed in the Constitution of the Portuguese Republic.

In the face of the exposed, the Deputies of the Parliamentary Group of the Socialist Party, present,

on the constitutional, legal and regimental terms applicable the following Project of

Resolution:

The Assembly of the Republic resolves, in accordance with Article 166 (5) of the Constitution

of the Portuguese Republic, the following:

1-Give full publicity to the process, in the applicable legal terms.

2-Faculty of it, immediately and in full, to the Attorney General of the Republic, for the

effects taken by convenient.

3-Recommending the Government to undertake the lifting and evaluation of legislation

approved several decades ago and still in force, as is the case with the Decree-Law No. 48

784, of December 21, 1968, taking into account the evolution of the general principles

of the right and the principles and standards inscribed in the Constitution of the Republic

Portuguese.

The Deputies