Monitoring, Assessment And Pronunciation By The Assembly Of The Republic In The Framework Of The Construction Process Of The European Union

Original Language Title: Acompanhamento, apreciação e pronúncia pela Assembleia da República no âmbito do Processo de Construção da União Europeia

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624449334d4331594c6d527659773d3d&fich=pjl270-X.doc&Inline=false

1 Group DRAFT law No. 270/X changes the law No. 20/94, of 15 June, reinforcing the participation of Parliament in the process of building the European Union explanatory statement legislative building construction of what is now the European Union passed through several stages, going through an impasse that currently slow and whose solution presents quite complex. Although, to the present impasse, not having advanced for a popular consultation in our country, in all revisions made to the Treaty of Rome, the decision-making domes, conscious of the need to print to the European Union and its democratic legitimacy instances, due to the complexity of its operations, seem inaccessible to citizens, began with the treaties of Maastricht, Amsterdam and Nice the incorporation of the principle of democratic legitimacy within the institutional system by strengthening the powers of the European Parliament with regard to the appointment and control of the Commission and expanding gradually, the scope of the codecision procedure. The democratic deficit expresses thus the perception that the Community institutional system is dominated by an institution which concentrates the legislatures and Government-the Council of the European Union-and by a bureaucratic and technocratic institution without real democratic legitimacy-the European Commission-left to the only body elected directly by popular vote – the European Parliament-a mere acquiescence without changing anything. These same arguments can apply the role reserved to the Portuguese Parliament currently in the process of building the European Union. The legislation currently in force recently to the Assembly of the Republic, the second organ 2 of sovereignty of the country, a simple function receiving of information from the Government and decisions taken in the European Union's decision-making bodies are presented as a fait accompli, that little credit this organ of sovereignty. The Portuguese Government, constitutionally the executive body of the country and in charge of driving foreign policy, depends on, as we all know, the Assembly of the Republic. This, by means of this, you have to have a different role than that which is currently reserved. You have to have a more active and decisive role in all the European decision-making process. But it is also in the Assembly of the Republic is represented the Portuguese people in all its plurality and diversity, which, given the nature and importance of the issues discussed and decided by the Government in the Council of the European Union, by itself, justifies a strengthening of the participation of this organ of sovereignty in Government decision-making in that organ. A backup that is decisive and that do not subject the Assembly of the Republic to a mere passive function, causing the Government, but in matters that the Constitution of the Portuguese Republic prescribes as the competence reserved of the Assembly of the Republic, present the proposals that you want to see approved in the Council of the European Union and giving all parties represented in the Assembly of the Republic a chance to present their proposals and make known what role he intends to for Portugal in the European Union. For this to happen, the Government has a decisive role in the timely fulfilment of the required duty so that the Groups can know what are the issues that are included in the political agenda and, from there, outlining its position and submit, if they see fit, which can enrich the debate in question, making it all Portuguese citizens via this open debate and plural, have possibility to get to know better the entire decision-making process and which matters-directly, sooner than later, will have an impact on their lives-discussing in the European Union. However, in this very important legislative building process which takes place in the Council of the European Union, the time appears as a factor is often a real impediment clarification and, unfortunately for the open and democratic debate, is often used by the Government as an effective deterrent argument and debate. 3 in this way, the left bloc advocates a procedure applicable to the specific case of Portugal's participation in the process of building the European Union, so that, on the one hand, to achieve the objectives of democratic participation advocated by all and, on the other hand, the argument of urgency to a debate to be decisive and binding to the Government on those matters that are reserved constitutionally the Assembly of the Republic. Thus, it is proposed that the Government is obliged to send to Parliament, six weeks before the Council of the European Union, proposals that seeks to present in this organ and what your vote on issues that are already on the agenda or for their inclusion. This document will give the Commission for European Affairs, where, in an appointment for the purpose and with the presence of the Government, the parliamentary groups, when they're concerned matters of competence reserved for the Assembly of the Republic and if they see fit, will present its proposals, these being voted on in Committee, the House document with the amendments introduced. In Plenary, Parliamentary groups, with the participation of the Government, vote the document out of Commission, preceded, of course, of a plural and enlightening discussion. The left bloc also suggested that the Government be represented by the Prime Minister to end a Presidency of the European Council, to present the same and for there to be a full knowledge of the positions defended in the European Council by the Portuguese Government. Thus, in accordance with the rules applicable and constitutional, the Members and the Members of the Left block, present the following draft law: Article 1 subject-matter this decree-law amending Law No. 20/94, of June 15, by making rules that strengthen the involvement of the Assembly of the Republic, when matters are concerned constitutionally reserved competence of this body of sovereignty , in the participation of Portugal in the process of building the European Union.

4 Article 2 amends Law No. 20/94, of 15 June The articles 1, 2, 3, 4, 5 of the law No. 20/94, of June 15, are replaced by the following: ' article 1 participation of Portugal in the European Union 1-the Assembly of the Republic attached, enjoy and, when discussing matters that are within its competence reserved constitutionally presents proposals on the participation of Portugal in the process of building the European Union. 2- […].

Article 2 [...]

1-the Government sends to Parliament all proposals, relevant documents and information about ongoing negotiations that will be discussed, or that provides for its discussion, the Council of the European Union, 6 weeks before the start of the meeting of that body. 2- […]. 3- […].

Article 3 Follow-up, assessment and participation of the Assembly of the Republic, the Government previously 1 presents, in accordance with the provisions of article 5, for consideration and approval by the Assembly of the Republic the issues and debating positions in the European institutions, as well as information on ongoing negotiations, whenever that matters is concerned, by its implications, involve the reserve of competence of the Assembly of the Republic. 5 2-The substances referred to in the preceding paragraph, the Government can only bind to Portugal in the European institutions if mandated by resolution of the Assembly of the Republic or for assent, as defined in article 5. 3- […]. 4-the Assembly of the Republic shall regularly to the overall assessment of the Portuguese participation in the process of building the European Union, and should be held to that end a debate in the presence of the Government in the course of each Presidency of the European Council and another debate, in the presence of the Prime Minister, to discuss decisions made at the preceding Presidency. 5- […].

Article 4 1-European Affairs Commission [...]. 2-it is, specifically, to the Commission of European Affairs:) [...]; b) […]; c) [...]; d) [...]; and an opinion binding on prior) representatives of Portugal that the Government designates for the institutions, agencies or bodies of the European institutions; f) in the case of matters involving the reservation of competence of the Assembly of the Republic, submit proposals for amendments to the document on the participation of Portugal in the Council presented by the Government as provided for in the following article.

Article 5 participation and assessment process


1- […]. 2- […]. 6 3-[...]. 4-[...] 5-[...] 6-the Government sends to the European Affairs Committee, six weeks before its initiation, document containing all proposals and information on ongoing negotiations that will be discussed, or that provides for its discussion, the Council of the European Union, containing the predictable Government orientation about each specific matter. 7-the Commission, in a meeting scheduled for this purpose shall act on the sufficiency of the information submitted by the Government, and may require the merging of other documents which it considers relevant, scheduling a new meeting to be held in 10 days mandatory. 8-at the second meeting, with the mandatory attendance of the Government, the parliamentary groups, in the case of matters involving the reservation of competence of the Assembly of the Republic, present, wanting, proposals for changes to the document submitted by the Government, paragraph 5. 9-the resolution or the opinion is scheduled for the week immediately prior to the beginning of the meeting of the Council of the European Union, being appreciated and put to the vote at the same meeting, the Government represent their Minister or, in the case of European Council Summit, by the Minister of Foreign Affairs. 10-in the event of justified urgency, can perform only a meeting of the Committee of European Affairs.»

Article 3 Amendment to law No. 20/94, June 15 is added to law No. 20/94, of June 15, article 5-A, is replaced by the following: ' Article 5a the subsidiarity principle 7 1-the European Affairs Commission may submit draft resolution, to be submitted to Plenary for approval of an opinion addressed to the European organ led legislative or regulatory text proposal , enjoying its compliance with the principle of subsidiarity. 2-for the purposes of compliance with the provisions of the preceding paragraph, the Government, through their representatives in the European Union, sends immediately, the President of the Assembly of the Republic for subsequent distribution among Parliamentary Groups, any proposed legislative or regulatory text whose process has started in the competent bodies and of which it has knowledge.»



Assembly of the Republic, May 26 2006.

The Members and members of left-wing Block