About The Parliamentary Inquiry To Eurominas Process Management.

Original Language Title: Sobre o Inquérito Parlamentar à Gestão do Processo Eurominas.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271636a45794e4331594c6d527659773d3d&fich=pjr124-X.doc&Inline=false

1 DRAFT RESOLUTION N° 124/X on the PARLIAMENTARY INQUIRY to EUROMINAS PROCESS MANAGEMENT over the work carried out within the framework of the Committee of inquiry to Eurominas process management, members of the parliamentary group of the Socialist Party has always expressed the wish and intention to ensure all the rigor and transparency about the same. In this sense, announced at various times to your availability for that, finished the work of the Committee and appreciated the report and conclusions competent, the whole process was referred to the Attorney General of the Republic for the purposes considered by convenient. Advertising Eurominas and process your consignment to that entity is the central objective of this draft resolution. However, the analysis and evaluation made in the offices of the Parliamentary Committee of inquiry around the Eurominas process, allowed also the normative detection in the Portuguese legal order, approved in the 60 that are out-of-date today and desconformes with the evolution of the General principles of administrative law and with the principles and rules included in the Constitution of the Portuguese Republic. We refer, in particular, the rule contained in paragraph 2 of article 5 of Decree-Law No. 48 784, of 21 December 1968, which provides that in cases where the land desafectados of the maritime public domain given using different from that laid down in the Decree of decommissioning or which is not subject to the conditions established therein, the same shall revert to the public domain with a loss to the State of the works and improvements on them and without the right any compensation or refund of the price paid. However, the recognition and strengthening of the rights and guarantees of individuals against the State occurred in the last twenty years, in particular the prohibition of confiscation and expropriation without fair compensation, pointing to a clear legal standard 2 unconformity of the aforementioned with constitutionally protected rights and interests and with the evolution of the General principles of administrative law. This is not unique in the Portuguese legal order. The State, in your legislative function, it is the task of ensuring the effectiveness of the regulatory framework and the natural evolution of your adaptation to the realities of the Country. In this context, the Members of the parliamentary group of the Socialist Party, also appropriate to recommend to the Government to carry out the survey and assessment of legislation passed for several decades in General, and the legal regime of the decommissioning and redeployment of assets to the maritime public domain in particular, in the light of the General principles of administrative law and principles set out in the Constitution of the Portuguese Republic. In view of the above, the Members of the parliamentary group of the Socialist Party, have, in accordance with legal and constitutional regulations apply the following draft resolution: the Assembly of the Republic decides, pursuant to article 166, paragraph 5, of the Constitution of the Portuguese Republic, the following: 1-gave total advertising in accordance with applicable legal process. 2-gotta tell it, immediately and in full, to the Attorney-General of the Republic for the purpose had for convenient. 3-Recommend to the Government to carry out the survey and assessment of legislation passed for several decades and still in force, as is the case with Decree-Law No. 48 784, of 21 December 1968, taking into account the evolution of the General principles of law and the principles and rules included in the Constitution of the Portuguese Republic.

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