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1 DRAFT law No. 242/X REPLACEMENT SCHEME for MEMBERS for relevant members ' replacement scheme for "relevant reason" has been one of the critical aspects, not always peaceful, the understanding of the nature of the mandate and representative institutional role by Mr – articles 152, paragraph 2 and 155, paragraph 1 of the Constitution of the Portuguese Republic (CRP). Now, with Parliament a representative Assembly of all Portuguese (article 147 CRP) and being certain that the election assumes a duty of representation, it becomes imperative that, in every moment, voters recognize those representing them; the candidates elected in accordance with electoral system criteria match those members who actually, until new election, have a seat in the House; and that, as far as possible, be guaranteed an identity of thought and people in ownership of mandates. A comparative law analysis leads to the conclusion that the constitutions which admit the suspension of the mandate set out precisely the causes and none provides for the substitution for "reason relevant". As referred to in this respect Jorge Miranda and Alexandre Pinheiro, in "Study On the temporary replacement of members by Reason of relevance": "what is expected of who deserved to be put in place eligible application list and was elected is to know save the mandate given by the electorate and that, as a representative of the people, learn to assume their positions in Parliament through the presence and the vote: How much, you can invoke conscientious objection (article 41, paragraph 6) to steal the discipline imposed by the parliamentary group.
2 much less cogent reasons are partisan or personal. Of 2 1: or are so powerful that Congressman resigns or not, and can never sacrifice the duty to exercise the mandate and he print continuity and coherence. It's not just the President of the Republic who do not conceive gaps or all; also not to conceive in a Parliament with legislative powers and modern surveillance and that works both in plenary as in Commission (articles 176, 177 and 178). Strictly speaking, the possibility given to the members requesting the Constitution temporary replacement in the exercise of the mandate, not to suspend the law expresses the mandate that has the effect of temporary replacement of members. The Constitution determines as causes of the suspension of the mandate of Deputies the existence of situations of incompatibility identifying himself only recorded in article 154, paragraph 1:00 pm that Congressman come to serve as a member of the Government and the occurrence of relevant reason. Being the suspension at the request of the Member, other than the deliberate suspension by the Board – that can occur, for example, in the situation provided for in article 157, paragraph 4-the formula reason relevant should be interpreted as a vicissitude. Failure to do so is to recognize the members a power for private reasons or party-political convenience, to break the bond that connects them to the representative constituency. Admitting temporary replacement (always possible renunciation) of members who perform functions incompatible with the exercise of the parliamentary mandate, the Constitution prescribes for reasons of public interest related to the necessary independence and availability for the exercise of the Office, a legal impossibility. The interpretation of the reason relevant announced in article 153, paragraph 2 should be guided by criteria which pass by the identification of situations of impossibility not legal already, but real, that put in crisis the good performance of the mandate ". In the case of prolonged illness, the exercise of the right to maternity leave or paternity and criminal procedure under certain conditions. In these cases, it is not a question of assigning a right to members, but truly don't discriminate them, depriving them of their own rights.
3 the replacement scheme for members by "relevant reason", in effect, has given rise to a rotative system critical, how many times little Pacific and lacking in prestige of the perception of the term representative and institutional role by Mr. Wait who deserved to be elected who knows how to keep the mandate given by the electorate. And this is not something trivial, because the Deputy, to be invested in Office, assumes a judiciary, and is not invested in a staff position that can be provided to your wishes. The necessary reform of the political system going on, therefore, inter alia, for a correction of the rules of the staff regulations relating to this matter, with a view to a reading that delve into the independence and stability in the exercise of the parliamentary mandate.
In these terms, under legal provisions and regulations applicable, the undersigned Members of the parliamentary group of the Socialist Party feature the following Bill: sole article the article 5 of the Statute for members, approved by law No 7/93, of 1 March, as amended by laws Nos. 24/95, of 18 August, 55/98, of 18 August , 8/99, of 10 February, 45/99, of 16 June, 3/2001, of 23 February and 24/2003, of July 4, is replaced by the following: article 5 temporary replacement for relevant 1. Members may ask the President of the Assembly of the Republic, in relevant, your replacement by one or more times during the course of the parliamentary term. 2. Because relevant means: a) serious illness involving prevention of performance of duties by not less than 30 days nor more than 180; b) exercise of maternity or paternity leave;
4 c) need to ensure follow-up of proceedings under paragraph 3 of article 11. 3. The request for replacement will be presented directly by the Member or by direction of the parliamentary group, accompanied, in this case, the consent of the Member Declaration to override. 4. The temporary replacement by Mr, when based on the grounds set out in points (a)) and b) of paragraph 2, shall not imply termination of the processing of the remuneration or the loss of timing of service.
São Bento Palace, 06 April 2006 MEMBERS
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