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Parliamentary Group

DRAFT LAW NO. 270 /X

Amend the Act No 20/94 of June 15, strengthening the participation of the Assembly of

Republic in the process of the construction of the European Union

Exhibition of reasons

The construction of the legislative building of what is today the European Union passed by

several phases, currently traversing a deadlock that is predicted to be morose and whose solution

presents itself rather complex.

Despite, up to the present impasse, not to have advanced to a consultation

popular in our country, in all the revisions made to the Treaty of Rome, the summits

decision-makers, aware of the need to print to the European Union and its

instances of democratic legitimacy which, due to the complexity of its functioning,

seem inaccessible to citizens, initiated with the Treaties of Maastricht, of

Amsterdam and Nice the incorporation of the principle of democratic legitimacy in the

institutional system, strengthening the powers of the European Parliament in relation to

appointment and control of the Commission and extending, progressively, the scope of

application of the co-decision procedure. The democratic deficit expresses, thus, the

perception that the community institutional system is dominated by an institution

which concentrates the legislative and governmental powers-the Council of the European Union

-and by a bureaucratic and technocratic institution without real legitimacy

democratic-the European Commission-resting for the only directly elected body

by the popular vote-the European Parliament-a role of mere acquiescence, without

possibility to change is what it is.

These same arguments can apply to the role reserved currently to the

Portuguese parliament in the participation of the European Union's construction process. The

legislation currently in force reserves to the Assembly of the Republic, the second body

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of sovereignty of the country, a function of simple recipient of provincial information from the

government and the decisions taken in the decision-making bodies of the European Union are

presented as a fait accompli, fact that little dignifies this body of

sovereignty.

The Portuguese Government, constitutionally the executive body of the country and

incarcerate of directing foreign policy, it depends, as we all know, of the Assembly

of the Republic. This, by way of this fact, has to have, for, a different role than

the one that is currently reserved for him. It has to have a more up-to-date role and

determinant in the whole European decision-making process. But it is also in the Assembly of the

Republic that is represented the Portuguese people in all its plurality and

diversity, this fact which, given the nature and importance of the subjects discussed and

decided by the Government in the Council of the European Union, on its own, justifies a reinforcement

effective participation of this organ of sovereignty in the making of the Government's decisions

in that European organ. A reinforcement that is determinant and that it does not submit to

Assembly of the Republic to a mere passive function, making the Government, but

subjects in which the Constitution of the Portuguese Republic prescribes as being from the

reserved competence of the Assembly of the Republic, present the proposals that

intends to see approved in the Council of the European Union and giving to all parties

represented in the Assembly of the Republic opportunity to submit their proposals

and make it known what role they want for Portugal in the construction of the Union

European.

In order for this to happen, the Government has a decisive function in compliance

tempestive of the necessary duty of information for the Parliamentary Groups

be able to know well which subjects are listed on the political agenda and, from there,

outline your position and present, should you understand it, proposals that can enrich you

the debate in question, winning, with that, all the Portuguese citizens who, via this

open and plural debate, have a possibility to get to know better the entire decision-making process and

which subjects that-in a direct way, sooner than later, will impact their

lives-are discussed in the European Union.

However, in this very important process of legislative construction that has

place in the Council of the European Union, time emerges as a basing factor times

impediment of a real enlightenment and, unfortunately for open debate and

democratic, it is often used by the Government as an impediment argument of a

effective and determining debate.

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In this way, the Left Bloc advocates for an applicable procedure for the

specific case of the participation of Portugal in the process of the construction of the Union

European, so that, on one side, the objectives of participation can be achieved

democratic championed by all and, on the other hand, fight the argument of urgency

so that a debate that is intended to be determining and binding on the Government in those

subjects that are constitutionally of the reserved competence of the Assembly of

Republic.

Thus, it is proposed that the Government should be obliged to send to the Assembly of the

Republic, six weeks prior to the realization of the respective Council of the European Union,

the proposals it intends to present in that body and what its sense of vote in

subjects that are already on the agenda or that is expected to be included a posteriori . This

document will give entry to the committee on European affairs, where, at a marked meeting

for the purpose and with the presence of the Government, the Parliamentary Groups, when they are

in cause matters of the reserved competence of the Assembly of the Republic and case the

understand, they will present their proposals, these being voted on by committee,

climbing the document to the plenary with the amendments made there. In the seat of Plenary,

Parliamentary Groups, with the participation of the Government, will vote on the document out

of the commission, preceded, of course, a plural and enlightening discussion. The Block

of Left propugna also that the Government is represented by the First-

minister whenever he ends a presidency of the European Council, so that if

present the balance sheet of the same and for there to be a full knowledge of the positions

defended in the European Council by the Portuguese Government.

Thus, in the applicable constitutional and regimental terms, the Deputes and the

Deputies from the Left Bloc, present the following Draft Law:

Article 1.

Subject

The present diploma changes Law No. 20/94 of June 15 by enshrining rules

that strengthen the intervention of the Assembly of the Republic, when they are in question

constitutionally reserved matters of this organ of sovereignty, in the

participation of Portugal in the process of the construction of the European Union.

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Article 2.

Amend the Act No 20/94 of June 15

Articles 1, 2, 3, 5, 5 of Law No 20/94 of June 15, pass to

following wording:

" Article 1.

Participation of Portugal in the European Union

1-A Assembly of the Republic accompanies, appreciates and, when they discuss subjects

which constitutionally are of their reserved competence, presents proposals

on the participation of Portugal in the process of the construction of the European Union.

2-[...].

Article 2.

[...]

1-The Government sends to the Assembly of the Republic all proposals, documents

relevant and information about ongoing negotiations that will be discussed, or

providing for its discussion, at the Council of the European Union, 6 weeks earlier

from the beginning of the meeting of that organ.

2-[...].

3-[...].

Article 3.

Monitoring, appreciation and participation of the Assembly of the Republic

1-The Government previously presents, in accordance with the provisions of Article 5, to the

assessment and approval of the Assembly of the Republic the subjects and positions to

debate at European institutions, as well as information on negotiations in

course, whenever it is in question subjects that, by its implications,

involve the reservation of competence of the Assembly of the Republic.

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2-In the subjects referred to in the preceding paragraph, the Government can only link Portugal

in the European institutions if manded by resolution of the Assembly of the

Republic or by assent, in the terms set out in Article 5.

3-[...].

4-A Assembly of the Republic regularly reviews the global appreciation of the

Portuguese participation in the process of the construction of the European Union, owing

carry out for that purpose a debate with the presence of the Government in the course of

each presidency of the European Council and a further debate, with the presence of the

prime minister, for discussion of the decisions taken in the Presidency that the

preceded.

5-[...].

Article 4.

Committee on European Affairs

1-[...].

2-Compete, specifically, to the Committee on European Affairs:

a) [...];

b) [...];

c) [...];

d) [...];

(e) to issue an obligatory prior opinion on the representatives of Portugal which

the Government designates to the institutions, agencies or bodies of the

European institutions;

(f) Dealing with subjects involving the reserve of competence of the

Assembly of the Republic, submit proposals for amendment to the

document on the participation of Portugal in the presented Council

by the Government in accordance with that provided for in the following article.

Article 5.

Process of participation and appreciation

1-[...].

2-[...].

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3-[...].

4-[...]

5-[...]

6-The Government sends to the Committee on European Affairs, six weeks before its

start, document containing all proposals and information about negotiations

under way that will be discussed, or that you provide for discussion, in the Council

of the European Union, containing, since soon, the predictable direction of the Government

about each specific matter.

7-A Commission, at a meeting marked for the purpose, deliberates on the sufficiency of the

information submitted by the Government, and may apply for the joining of others

documents that it considers relevant, scheduling new meeting to be held

compulsorily in the following 10 days.

8-In the second meeting, with the mandatory presence of the Government, the Groups

Parliamentarians, dealing with subjects involving the reservation of competence

of the Assembly of the Republic, present, wanting, proposals for changes to the

document submitted by the Government, applying as provided for in paragraph 5.

9-A Resolution Proposal or the opinion is scheduled for the week immediately

previous to the start of the meeting of the Council of the European Union, being appreciated and

voted in that same meeting, making up the Government to represent the Minister

respective or, addressing the summit of the European Council, by the Minister of

Foreign Affairs.

10-In case of reasoned urgency, a meeting may be held only

Commission of European Affairs. "

Article 3.

Addition to Law No. 20/94 of June 15

It is added to Law No. 20/94 of June 15, Article 5, with the following wording:

" Article 5.

Principle of subsidiarity

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1-A Committee on European Affairs may submit draft resolutions, the

submit to Plenary, for approval of an opinion addressed to the European body

issuer of proposal for a legislative or regulatory text, appreciating its

compliance with the principle of subsidiarity.

2-For the purpose of compliance with the provisions of the preceding paragraph, the Government, through

of its representatives in the European Union, immediately sends to the President of the

Assembly of the Republic for further distribution by the Groups

Parliamentarians, any proposal for a legislative or regulatory text whose

process if it started in the competent instances and from which it has

knowledge. "

Assembly of the Republic, May 26-

2006.

The Deputies and Deputies of the Block of

Left,