The Second Amendment Of Law No. 74/98, Of 11 November, On The Publication, The Identification And The Form Of Diplomas

Original Language Title: Procede à segunda alteração da Lei n.º 74/98, de 11 de Novembro, sobre a publicação, a identificação e o formulário dos diplomas

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624459354c5667755a47396a&fich=ppl69-X.doc&Inline=false

1/19 a PROPOSAL of law No. 69/X explanatory memorandum the legislative amendment which the Government proposes to Parliament falls within the better regulation programme, which is intended to implement a series of initiatives in the field of quality, efficiency and requirement of normative acts, intended also to simplify and make more accessible and transparent to the citizens legislative procedure and approval of regulations. First and most significant measure, the Bill seeks to assign full legal relevance to the electronic edition of the Gazette, determining that all statutory deadlines will be counted from the availability of the Gazette on the website run by the Imprensa Nacional – Casa da Moeda, s. a. in this way, the only version legally relevant is the edition of the Official Gazette published by electronic means. This measure is part of the Government's intention to proceed with the publication limitation in progressive role only when strictly necessary to ensure the public records and private subscriptions subscribed to actual cost. In fact, the electronic edition of the Gazette is the most expeditious and simple to provide effective access to the law for all citizens, without restrictions and without any costs, within the framework of the democratic constitutional State. It is therefore to ensure the certainty and legal security of the electronic edition of the Gazette as preferred means of access for all citizens to the right. On the other hand, also aims to streamline rules for the publication of acts of the 1st series of the Diário da República, by merging the parts A and B of this series, without calling into question the provisions of article 119 of the Constitution. Thirdly, the draft law introduces a number of improvements in the system of corrections and re-issues of diplomas, and, in the latter case, the Constitution, the political and administrative statutes of the autonomous regions, the organic laws, the laws of foundations, framework laws and the law on the publication, identification and 2/19 form of diplomas are always the subject of republication, regardless of the nature or the extent of the changes. Finally and being juridically relevant to desktop publishing of the Gazette, the present draft law also aims to standardize the vacatio legis period of nationwide and abroad, eliminating, inter alia, the existing gap between the period applicable in mainland Portugal and the autonomous regions of the Azores and Madeira, which well understood given the rapid access that the Internet provides to its users. Was heard the Imprensa Nacional – Casa da Moeda, s. a. was promoted to hearing of the Government organs of the autonomous regions.

So: in accordance with subparagraph (d)) of article 1 paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to law No. 74/98, of 11 November articles 1, 2, 3, 5, 6, 8, 13 and 14 of Act No. 74/98, of 11 November , as amended by law No. 2/2005, of 24 January, are replaced by the following: ' article 1 the publication and registration of the 1 distribution-the legal effectiveness of the acts covered by this law depends on how your publication in the Diário da República. 2-the date of the diploma is of your publication, understanding as such the date of the day on which the Gazette becomes available on the website run by the Imprensa Nacional – Casa da Moeda, s. a.-3 electronic edition of the Gazette includes a record of the dates of actual availability on your website referred to in the preceding paragraph. 4-registration makes proof for all legal purposes and covers the issues of the Official Gazette since 25 April 1974. 3/5-19 electronic edition of the Gazette full authentic and the publication of acts through it held goes for all legal purposes and should be used to check, where appropriate, the date and time of release for public reading. 6-without prejudice to the provisions of the preceding paragraph, the printed copies of the Gazette, may be the subject of your authentication according to the official release, in accordance with applicable legal.

Article 2 Duration 1-[...]. 2-in the absence of fixation of the day, the diplomas referred to in the preceding paragraph shall enter into force, throughout the national territory and abroad, on the fifth day after publication. 3-[Repealed]. 4-the period referred to in paragraph 2 is counted from the day of your availability on the website run by the Imprensa Nacional-Casa da Moeda, SA.

Article 3 publication in Gazette 1-the diary of the Republic comprises the 1st and the 2nd series. 2-Are published in the 1st series of the Diário da República:) [...]; b) international conventions, the relevant presidential decrees, notices of deposit of instrument of ratification including binding, and other notices relating to them; c) […]; d) […]; e) […]; 4/19 f) [...]; g) […]; h) […]; i) […]; j) […]; l) […]; m) […]; n) […]; the) [previous subparagraph a) of article 3]; p) [previous) (b) of paragraph 3]; q) [previous subparagraph (c)) paragraph 3]; r) decisions of other courts not listed in above which the law check out general binding force; s) [previous paragraph (h)) paragraph 3]. 3-Without prejudice to the other acts subject to duty of official publication in the second series, are her published:) [Former subparagraph (d)) of article 3]; b) [previous) point (f) of paragraph 3]; c) the budgets of the State services whose publication in the Diário da República is required by law and the declarations on transfers of funds.

Article 5 [...]

1-corrections are admissible only for grammatical lapses, spelling correction, or of similar nature or for the correction of material errors arising from differences between the original text and the text of any published diploma on 1st series of the Diário da República and are made by the organ that approved the statement original text, published in the same series and part. 2 - […]. 3 - […]. 4 - […]. 5/19 article 6 [...]

1 - […]. 2-whenever it changes, regardless of your nature or extension, for the Constitution, the political and administrative statutes of the autonomous regions, the organic laws, the laws of foundations, framework laws and the law on the publication, identification and form of diplomas, must be full of corresponding legislation republishing, attached to these changes. 3-should still be full diploma, republishing, whenever: a) fade changes substantially affecting the provisions of a legislative act in force, aware of your original version or the latest version republished; b) register changes that modify substantially the legislative thinking of the laws in force.

Article 8 numbering and presentation 1-[...]. 2 - […]. 3-The acts referred to in paragraph 1 are published in the 1st series of the Diário da República according to the ordering of their issuers. 4-for the purposes of the preceding paragraph, is the constitutional organ sequence and, in the case of Government acts, the resulting ordering of its organic law.

Article 13 [...]

1-government law proposals must contain an exhibition of 6/19 reasons and obey the following form: ' pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill (with application of priority and urgency, if applicable): (the following is the text.)» 2 - […].

Article 14 [...]

1-[...]: a) regulatory Decrees: ' pursuant to article 199.º of the Constitution) and ... (it follows the identification of legislative act to regulate), the Government decreed the following: (it follows the text.)» «Pursuant to subparagraph (g)) of article 199.º of the Constitution, the Government decrees the following: (the text)» b) [...]; c) Decrees: ' in accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of Decree) and subparagraph (c)) of article 199.º of the Constitution, the Government decrees the following: (it follows the text.)» ' In accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of Decree) and (g)) of article 199.º of the Constitution, the Government decrees the following: (it follows the text.)» «Pursuant to subparagraph (g)) of article 199.º of the Constitution, the Government decrees the following: (the text)» d) resolutions of the Council of Ministers: ' in accordance with article 199.º. of the Constitution, the Council of Ministers decides: 7/19 (follows text.)» ' In accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of resolution) and ... of article 199.º of the Constitution, the Council of Ministers decides: (the text)» e) [...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […].»

Article 2 Republication is republished in annex, which forms an integral part of this law, the law No. 74/98, of 11 November, with the current wording.

Article 3 final provisions


1-Are deleted paragraph 3 of article 2 and article 17 of law No. 74/98, of 11 November, as amended by law No. 2/2005, of 24 January. 2-the provisions of article 3 of law No. 74/98, of 11 November, in the wording introduced by this law, takes precedence over any previous provisions relating to the determination of the series of the Diário da República to the publication of acts.

Seen and approved by the Council of Ministers of 5 May 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 8/19 ANNEX Republication of law No 74/98 of November 11 article 1 Publication and distribution registration 1-the legal effectiveness of the acts covered by this law depends on how your publication in the Diário da República. 2-the date of the diploma is of your publication, understanding as such the date of the day on which the Gazette becomes available on the website run by the Imprensa Nacional-Casa da Moeda, s. a.-3 electronic edition of the Gazette includes a record of the dates of actual availability on your website referred to in the preceding paragraph. 4-registration makes proof for all legal purposes and covers the issues of the Official Gazette since 25 April 1974. 5-the electronic edition of the Gazette full authentic and the publication of acts through it held goes for all legal purposes and should be used to check, where appropriate, the date and time of release for public reading. 6-without prejudice to the provisions of the preceding paragraph, the printed copies of the Gazette, may be the subject of your authentication according to the official release, in accordance with applicable legal.

Article 2 Duration 1-legislative acts and other acts of generic content come into force on the day on them, and may not, under any circumstances, the beginning of the validity check on the day of publication. 2-in the absence of fixation of the day, the diplomas referred to in the preceding paragraph shall enter into force, throughout the national territory and abroad, on the fifth day after publication. 3-[Repealed]. 4-the period referred to in paragraph 2 is counted from the day of your release 9/19 on the website run by the Imprensa Nacional-Casa da Moeda, SA.

Article 3 publication in Gazette 1-the diary of the Republic comprises the 1st and the 2nd series. 2-Are published in the 1st series of the Diário da República: the) constitutional laws; b) international conventions, the relevant presidential decrees, notices of deposit of instrument of ratification including binding, and other notices relating to them; c) organic laws, laws, decree-laws and legislative decrees; d) the decrees of the President of the Republic; and) the resolutions of the Assembly of the Republic; f) the decrees of the representatives of the Republic of appointment and dismissal of Presidents and members of the regional Government of the Azores and Madeira; g) regiments of the Assembly of the Republic, the Council of State and the legislative assemblies of the autonomous regions; h) decisions and statements by the Constitutional Court that the law send publish on the first series of the Diário da República; I) uniformity of case law decisions of the Supreme Court of Justice and the Court of Auditors and the decisions of the Supreme Administrative Court that the law check out general binding force; j) the results of the referendum and the elections for the President of the Republic, the Assembly of the Republic, the legislative assemblies of the autonomous regions and the European Parliament, in accordance with its applicable law; l) the message of resignation of the President of the Republic; m) motions of rejection of the Government's Program, of trust and of censorship; n) the opinions of the Council of State referred to under (a)) and article 145 of the Constitution) and those that the Council acts do publish; the) other government decrees; p) the resolutions of the Council of Ministers and orders issued that contain generic provisions; q) resolutions of the legislative assemblies of the autonomous regions and the 10/19 regional regulatory decrees; r) decisions of other courts not listed in above which the law check out general binding force; s) The statements concerning waiver or loss of mandate of deputies to Parliament and the legislative assemblies of the autonomous regions. 3-Without prejudice to the other acts subject to duty of official publication in the second series, are her published: a) The normative orders members of the Government; b) the results of the elections to the organs of local authorities; c) the budgets of the State services whose publication in the Diário da República is required by law and the declarations on transfers of funds.

Article 4 submission of texts for publication the text of diplomas is submitted for publication in the Official Gazette, after completed the constitutional or statutory requirements, through the relevant departments of organs where obtained.

Article 5 1 Corrections-corrections are admissible only for grammatical lapses, spelling correction, or of similar nature or for the correction of material errors arising from differences between the original text and the text of any published diploma on 1st series of the Diário da República and are made by the organ that approved the statement original text , published in the same series and part. 2-the statements of rectification shall be published until 60 days after the publication of the text Truing. 3-failure to observe the time limit referred to in the preceding paragraph shall determine the invalidity of the Act of correction. 4-the statements to rectify report the effect from the date of entry into force of 11/19 text corrected.

Article 6 Amendments and republish 1-the diplomas that alter others must indicate the order number of the amendment and, if there have been previous changes, identify those diplomas that made these changes, still relating to other standards. 2-whenever it changes, regardless of your nature or extension, for the Constitution, the political and administrative statutes of the autonomous regions, the organic laws, the laws of foundations, framework laws and the law on the publication, identification and form of diplomas, must be full of corresponding legislation republishing, attached to these changes. 3-should still be full diploma, republishing, whenever: a) fade changes substantially affecting the provisions of a legislative act in force, aware of your original version or the latest version republished; b) register changes that modify substantially the legislative thinking of the laws in force.

Article 7 1 Id-all acts are identified by a number and the date of its publication in the Official Gazette. 2-The normative acts must have a title reflecting synthetically the your subject. 3-The qualifications of each of the autonomous regions have their own numbering and are identified by the letters A (Azores) and M (wood), to add the indication of the year. 4-the diplomas that have the same generic name must be identified by an indication of the issuer.

12/19 article 8 1-Numbering there are separate numbering for each of the following categories of acts: the) Constitutional Laws; b) organic laws; c) Laws; d) Decree-laws; and regional Legislative Decrees); f) decrees of the President of the Republic; g) resolutions of the Assembly of the Republic; h) resolutions of the Council of Ministers; I) Resolutions of the legislative assemblies of the autonomous regions; j) courts decisions; l) Decrees; m) regulatory Decrees; n) regional regulatory Decrees; the representatives of the Republic Decrees) for the autonomous regions; p) Ordinances; q) regulatory Ordinances; r) opinions; s) warnings; t) statements. 2-the decisions of courts have separate numbering for each of them. 3-The acts referred to in paragraph 1 are published in the 1st series of the Diário da República according to the ordering of their issuers. 4-for the purposes of the preceding paragraph, is the constitutional organ sequence and, in the case of Government acts, the resulting ordering of their organic law.»

Article 9 General provisions on form of diplomas


1-at the beginning of each degree indicate the organ where it emanates and the provision of the Constitution or the law under which it was approved and published. 13/2-19 When in the procedure have participated, the consultative or deliberative title by virtue of the Constitution or the law, or other organs besides the final approval body, or has elapsed a query to voters, express reference to this fact. 3-The organic constitutional laws and laws expressly declare your nature, in the formula of the corresponding diploma. 4-in the case of degree of transposition of EU directive, must be indicated expressly transposing the directive. 5-the regulations must specify the following laws that seek to regulate or define the subjective and objective expertise for your issue. 6-After the text of each degree, shall state the date of your approval and other supplementary acts, constitutional or legally required, as well as the signature of the competent authorities, in accordance with the Constitution or the law. 7-where the present law refers to relevant Ministers means that are within the scope of those whose departments have, by reason of the matter, interference in the implementation of the Act.

Article 10 decrees of the President of the Republic 1-the decrees of the President of the Republic to form: ' the President of the Republic decrees, pursuant to article ... of the Constitution, the following: (it follows the text.)» 2-in the case of decrees of ratification of international treaties, the text is composed as follows: «it is ratified. (it follows the identification with Treaty concerning the case, the place and date of signature and the number and date of the resolution of the Assembly of the Republic that the approved for ratification).» 3-in the case of decrees of appointment and dismissal of members of the Government, express mention should be made to the proposal of the Prime Minister. 4-After the text of the Decree, the following are, successively, the signature of the President of the Republic, with the mention of the date and place where it was made, if not in Lisbon, as well as, if you are covered by paragraph 1 of article 140 of the Constitution 14/19, the date of countersignature and the signature of the Prime Minister.

Article 11 Diplomas of the Assembly of the Republic 1-the laws of the Assembly of the Republic to form ' the Assembly of the Republic decrees, pursuant to ... of article 161 of the Constitution, the following: (it follows the text.)» 2-in the case of constitutional or organic law, should mention expressly the corresponding term in the final part of the formula. 3-after the text, here are, successively, the date of approval, the signature of the President of the Assembly of the Republic, the date of the promulgation, publication and order the signature of the President of the Republic, the date of countersignature and the signature of the Prime Minister. 4-the resolutions of the Assembly of the Republic to form ' the Assembly of the Republic decides, pursuant to article 161. and paragraph 5 of article 166 of the Constitution, the following: (it follows the text.)» 5-in the case of resolutions for approval of treaties or international agreements, the text is composed as follows: ' Approve (for ratification, in the case of the treaties). (the following is the identification of the Treaty or international agreement in simplified form, with indication of the subject concerned, the place and date of signature and the content of its instrument published in annex).» 6-after the text of the resolutions, here are, successively, the date of approval and the signature of the President of the Assembly of the Republic. 7-in the case of a resolution of approval of an international agreement in simplified form, the signature of the President of the Assembly of the Republic follows the order of publication, the signature of the President of the Republic, with the indication of the date, the date of countersignature and the signature of the Prime Minister.

Article 12 government legislation 15/19 1-decree-laws obey the following form: a) Decree-laws referred to in subparagraph (a)) of paragraph 1 of article 198 of the Constitution: "in accordance with subparagraph (a)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: (the text)» b) Decree-laws referred to in subparagraph (b)) of paragraph 1 of article 198 of the Constitution : «The use of legislative authorization granted by article ... of Law No .../... of ... of ..., and in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: (the text)» c) Decree-laws provided for in subparagraph (c)) of paragraph 1 of article 198 of the Constitution: ' the development of the legal regime established by law (or law) No .../... , from ... to ..., and pursuant to paragraph 1) article 198 of the Constitution, the Government decrees the following: (the text)» d) Decree-laws referred to in paragraph 2 of article 198 of the Constitution: ' in accordance with the provisions of paragraph 2 of article 198 of the Constitution, the Government decrees the following: (it follows the text.)» 2-after the text, here are, successively, the date of adoption by the Council of Ministers, the signature of the Prime Minister and the Ministers concerned, the date of the promulgation, publication and order the signature of the President of the Republic, the date of countersignature and the signature of the Prime Minister.

Article 13 1-law proposals The Government law proposals must contain an explanatory memorandum and obey the following form: ' pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill (with application of priority and urgency, if applicable): (the following is the text.)» 16/2-19 after the text, here are, successively, the date of approval by the Council of Ministers and the signature of the Prime Minister and competent Ministers.

Article 14 Other Government diplomas 1-other diplomas of the Government obey the following form: a) regulatory Decrees: pursuant to article 199.º of the Constitution) and ... (it follows the identification of legislative act to regulate), the Government decreed the following: (it follows the text.)» «Pursuant to subparagraph (g)) of article 199.º of the Constitution, the Government decrees the following: (the text)» b) Decrees provided for in subparagraph (c)) of paragraph 1 of article 197 of the Constitution: ' in accordance with subparagraph (c)) of paragraph 1 of article 197 of the Constitution, the Government approves the ... (it follows the identification of international agreement in simplified form, with indication of the subject concerned, the place and date of signature and the content of its instrument published in annex).» c) Decrees: ' in accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of Decree) and subparagraph (c)) of article 199.º of the Constitution, the Government decrees the following: (it follows the text.)» ' In accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of Decree) and (g)) of article 199.º of the Constitution, the Government decrees the following: (it follows the text.)» «Pursuant to subparagraph (g)) of article 199.º of the Constitution, the Government decrees the following: (the text)» d) resolutions of the Council of Ministers: ' in accordance with article 199.º. of the Constitution, the Council of Ministers decides: 17/19 (follows text.)» ' In accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of resolution) and ... of article 199.º of the Constitution, the Council of Ministers decides: (the text)» and Ordinances: «send) Government, by the ... (indicate the competent Member or members), the following: (it follows the text.)» 2-after the text of the decrees mentioned in subparagraph (a)) of the preceding paragraph, the following are, successively, the date of approval by the Council of Ministers, the signature of the Prime Minister and the Ministers concerned, the date of the promulgation, publication and order the signature of the President of the Republic, the date of countersignature and the signature of the Prime Minister. 3-after the text of the decrees referred to in paragraph 1 (b)) and c) of paragraph 1, the following are, successively, the date of approval by the Council of Ministers, the signature of the Prime Minister and competent Ministers, the signature of the President of the Republic, with the indication of the date, the date of countersignature and the signature of the Prime Minister. 4-after the text of the resolutions mentioned in subparagraph (d)) of paragraph 1, the following are, successively, the date of approval by the Council of Ministers and the Prime Minister's signature. 5-after the text of the diplomas referred to in subparagraph (e)) of paragraph 1, the following is the signature of the Member or members of the Government that the issue with the indication of the date. 6-several members of the Government to sign the diplomas referred to in the preceding paragraph, the date that is the last signature.

Article 15 Decrees of appointment and dismissal of the members of the regional Governments


1-the decrees of appointment and dismissal of Presidents of regional governments obey the following form: 18/19 «under paragraph 3 of article 231.º of the Constitution, appoint (or discharge): (the following is the text.) Signed in ... Post. The representative of the Republic to the autonomous region ..., (signature).» 2-the decrees of appointment and dismissal of the members of the regional governments obey the following form: ' under paragraph 4 of article 231.º of the Constitution, appoint (or discharge), on a proposal from the President of the Regional Government: (the following is the text.) Signed in ... Post. The representative of the Republic to the autonomous region ..., (signature).»

Article 16 Diplomas of the Government organs of the autonomous regions 1-at the beginning of each degree of the legislative assemblies of the autonomous regions or Regional Governments indicates, in addition to the organ where it emanates and the constitutional provision under which it is approved, the corresponding precept of its political-administrative regulations and, where appropriate, the legislative act to regulate. 2-regional legislative decrees adopted under a legislative authorization, or to develop for the regional principles or General bases of legal regimes contained in laws that they are limited, should invoke the relevant authorization laws explicitly or the laws whose principles or bases develop. 3 us regional legislative decrees and decrees regional regulatory competence of the legislative assemblies of the autonomous regions, after the text below, successively, the date of approval, your President's signature, the date of signature by the representative of the Republic, the order of publication and the signing of this. 4 us regional regulatory decrees of the competence of regional Governments, after the text is followed by successively the approval by 19/19 Regional Government and the respective date, your President's signature, the date of signature by the representative of the Republic, the order of publication and the signing of this.

Article 17 [Deleted] article 18 Standard set Are deleted the following diplomas: a) Law No. 6/83, of 29 July; b) Decree-Law No. 337/87, of 21 October; c) Decree-Law No. 113/88, of 8 April; d) Decree-Law No. 1/91, of 2 January.