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DRAFT LAW NO. 266 /X

PRONOUNCE ON OUTSTANDING MATTERS OF DECISION IN ORGANS

OF THE EUROPEAN UNION, MONITORING AND APPRECIATION FOR

ASSEMBLY OF THE REPUBLIC OF PARTICIPATION OF PORTUGAL IN THE

PROCESS OF BUILDING THE EUROPEAN UNION AND SELECTION OF

PORTUGUESE CANDIDATES FOR THE EXERCISE OF DUTIES IN THE UNION

EUROPEAN

Exhibition of reasons

The process of the evolution of European construction and the consequent transfer of spheres

of national competences for the European Union requires the Assembly of the Republic a

redrafting of the Portuguese government's form of surveillance.

The experience of recent years evidences a progressive improvement of the dialogue between the

successive governments and the Assembly of the Republic, but this does not mean that it has

verified always an effective parliamentary control.

With effect, the complexity of the decision-making process and the amount of deliberations

taken in the European Union have contributed to limit the said control

parliamentarian, situation that matters to overcome.

Pursuant to Article 161 (n) of the Constitution, it is incumbent on the Assembly of the

Republic pronouns on outstanding matters of decision in organs within the framework of

European Union that focus on the sphere of its legislative competence. This provision

constitutional points in the sense of there being a specific mechanism, especially

qualified, through which the Assembly of the Republic can participate in the process of

decision which is incited on matters which, if they were the subject of domestic legislation,

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would recaide in their reserved sphere of competence. In the present draft law defines itself

the manner in which the Assembly issues opinion in such circumstances.

On the other hand, Law No. 20/94 of June 15, currently in force, does not correspond

already the requirements resulting from Article 163 (f) of the Constitution in respect of the

monitoring and appreciation of the process of the construction of the European union,

importing to strengthen the powers and faculties of the Assembly in that area.

Another of the areas in which the performance of the Assembly of the Republic can improve

substantially is that of selection, designation and appointment of personalities for positions

in the institutions, bodies, offices or agencies of the European Union, which is the subject of point (p) of the

article 164 of the Constitution.

Up to here the process of selection, designation and appointment of officeholders and senior

responsible in the European Union has been fully dependent on the Government, in a

unstructured legal framework, without the Assembly of the Republic having any

opportunity for intervention.

Given the importance and dignity of many of these posts, it must change that

situation, creating mechanisms of direct or indirect intervention of the Assembly of the

Republic in that process, in that way giving you greater transparency, dignity and

legitimacy.

It is relevant to point out that the Ombudsman has recently produced the Recommendation

n. 6/B/2005, sustaining there the existence of unconstitutionalities by omission by

absence of standards confirming enforceability to Articles 161 (n) and 164,

p (p) of the Constitution. The present draft law certainly allows to sanctuary possible

suspicions of unconstitutionality by omission that might perhaps be aroused

So, in the applicable constitutional and regimental terms, the Party's Deputies

Socialist present the following draft law:

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CHAPTER I

Powers of the Assembly of the Republic of opinion and monitoring of the

process of European construction

Article 1.

General arrangement

1-A Assembly of the Republic issues opinions on matters of the sphere of its

reserved legislative competence pending decision making in bodies of the European Union and

on compliance with the principle of subsidiarity, in addition to accompanying and appreciating

the participation of Portugal in the European construction pursuant to this Law.

2-For the effect of the performance of its functions, a regular process is established

of consultation between the Assembly of the Republic and the Government.

Article 2.

Opinion in the scope of reserved legislative competence

1-When they are pending decision making in organs of the European Union subjects that

relays in the sphere of reserved legislative competence of the Assembly of the Republic,

this is pronounced in the terms of the following numbers.

2-Where the situation referred to in the preceding paragraph occurs, the Government informs the

Assembly of the Republic, requesting it to appear.

3-The opinion is prepared by the permanent specialist parliamentary committee that

have their post the European affairs.

4-Once approved in the committee, the opinion is submitted to Plenary, for the purposes of

discussion and voting.

5-Compete also to the parliamentary groups to take the initiative to propose the

drafting and voting of opinion.

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6-At any subsequent stage of the decision-making process of the organs of the Union

European, the Assembly may, on its own initiative or upon the initiative of the Government,

draw up and vote on new opinions.

Article 3.

Opinion on compliance with the principle of subsidiarity

1-A Assembly of the Republic, by way of resolution, may address the President of the

European Parliament, to the President of the Council, to the President of the Commission and, if it is

case, to the Committee of the Regions and to the Social Economic Committee, an opinion

reasoned about the compliance with the principle of subsidity of a

proposal for a legislative or regulatory text that it has become aware of by the

means provided for in this Law, or of subsequent amendment proposals.

2-When the opinion refers to the matter of the competence of one or both of the

Legislative Assemblies of the autonomous regions, these should be consulted in time

useful.

Article 4.

Means of monitoring and appreciation by the Assembly of the Republic of

process of construction of the European union

1-A The Assembly of the Republic carries out the monitoring and appreciation of the

Portuguese participation in the process of the construction of the European union, specifically,

through the realization of:

a) Debates with the presence of the Government, in the week antecedent to each meeting of the

European Council on the age-old topics, and in the subsequent week on the findings

and the respective positions of Portugal;

b) Discussion in plenary session of reports, opinions and draft resolutions

formulated by the permanent specialist parliamentary committee that has its post

the European affairs;

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(c) Meetings twice per semester of the permanent specialist parliamentary committee

who has his or her post the European affairs, with the presence of the member of the Government who

represent the Portuguese state in each of the sectoral meetings of the Council, on

age-old topics and debated, positions of Portugal and conclusions.

d) In the meetings set out in the preceding paragraph may participate, without the right to vote, the

Members of other specialized standing committees or possible who

deal with subjects that build on the agenda of the sectoral councils.

2-A Assembly of the Republic or the Government may yet, without prejudice to the provisions of

in Article 2 and in the preceding paragraph, raise the debate on all subjects and positions to

debate in the European institutions, whenever it is in the matter of their

competence.

3-Without prejudice to the provisions of the preceding paragraph, and where this appears to be necessary,

on the grounds of urgent meetings, may still the Assembly of the Republic or the

Government to raise debate on matters already addressed, positions already taken up or

negotiations already held in the framework of the European Union.

4-A Assembly of the Republic, on its initiative or at the request of the Government and in the

exercise of their competences, appreciates, in the regimental terms, the projects of

legislation and direction of the policies and actions of the European Union.

5-A Assembly of the Republic appreciates the financial programming of the construction of the

European Union, in particular with respect to structural funds and the Fund of

Cohesion, pursuant to the Law of the Framework of the State Budget, of the Great

Plan options, from the Regional Development Plan or other programs

national in which the use of those funds is provided for.

Article 5.

Information to the Assembly of the Republic

1-The Government shall keep informed, in good time, the Assembly of the Republic

on the subjects and positions to be discussed in the European institutions, as well as on the

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proposals under discussion and the ongoing negotiations by sending all documentation

relevant, specifically:

(a) Projects of agreements or conventions to be concluded by the European Communities, by the

European Union or between member states in the context of the European Union, without

injury to the rules of reservation or confidentiality that vigorates for the proceedings

negotiating;

b) Proposed of binding and non-binding acts to be adopted by the institutions of the

Communities and the European Union, with the exception of acts of running management;

c) Projects of supplementary law acts, particularly of decisions of

representatives of the governments of the Member States meeting in Council;

d) Annual legislative programs and any other programming tool

legislative;

(e) legislative resolutions on common positions of the Council;

f) Commitments granted to the Council to act by a qualified majority, in the

cases in which deliberations are taken, as a rule, unanimously;

g) Orders of the day and results of the sessions of the Council, including the minutes of the sessions

in which this delibere on legislative proposals;

h) Reports on the application of the principle of subsidiarity;

i) Consultation documents;

j) Documents referring to the broad lines of economic and social orientation, as well as

sectoral guidelines;

l) Annual report of the Court of Auditors.

2-Deputies to the Assembly of the Republic may apply for documentation

community available on the development of the proposals referred to in the number

previous.

3-The Government presents to the Assembly of the Republic, in the 1 th quarter of each year, a

report that allows the monitoring of Portugal's participation in the process of

construction of the European Union, and that report shall inform, in particular, about

the deliberations with greater impact for Portugal taken in the previous year by the

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european institutions and the measures put in place by the government as a result of these

deliberations.

Article 6.

Committee on European Affairs

1-A Committee on European Affairs is the expert parliamentary committee

permanent for the monitoring and overall appreciation of European affairs, without

injury to the competence of the Plenary and the other specialist committees.

2-Compete specifically to the Committee on European Affairs:

(a) Appreciate all the subjects that matter to Portugal in the framework of construction

european, European institutions or in the cooperation between member states of the

European Union, specifically the performance of the Government concerning such matters;

b) Prepare to appear when they are pending for decision in Union bodies

European subjects that fall in the sphere of the reserved legislative competence of the

Assembly of the Republic;

(c) encouraging a greater participation of the Assembly of the Republic in the business

developed by the European institutions;

d) Formulate draft resolutions aimed at the consideration of proposals for acts

community of a normative nature;

(e) to intensify the exchange between the Assembly of the Republic and the European Parliament,

proposing the granting of appropriate reciprocal facilities and regular meetings with the

interested MPs, specifically those elected in Portugal;

(f) Invite the representatives of the institutions, bodies and agencies of the European Union to

hearing on relevant subjects for the participation of Portugal in the construction

European;

g) annually realize a meeting with the members of the Legislative Assemblies of the

autonomous regions and ask them for presence when they are in question

regional legislative;

h) Promoting inter-parliamentary cooperation within the European Union;

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i) Designate the Portuguese representatives to the conference of the specialized bodies in

community affairs of national parliaments, appreciate their performance and the

results of the conference;

(j) to issue non-binding prior opinion in the cases provided for in Article 10, on

personalities to be appointed or to be appointed by the Portuguese Government.

Article 7.

Process of appreciation

1-A Committee on European Affairs proceeds to the distribution of content proposals

normative, as well as from other guidance documents referred to in Article 5,

by its members or by the other specialized commissions on the grounds of matter,

for knowledge or opinion.

2-Whenever requested by the Committee on European Affairs, the other

specialized commissions issue reasoned opinions.

3-The opinions to which the preceding paragraphs are referred may conclude with proposals

concrete, for consideration by the Committee on European Affairs.

4-Where delibere elaborates report on matter of its competence, the

Committee on European Affairs appends the opinions requested to other committees.

5-When the consideration of proposals for community acts of nature is concerned

normative, the Committee on European Affairs, collected the necessary opinions, may

formulate a draft resolution, to be submitted to Plenary.

6-In the remaining cases, the Committee on European Affairs formulates opinions on the

subjects in respect of which they are called upon to be given an opinion, and may conclude with a

concrete proposal.

7-The reports and opinions issued by the Committee on European Affairs are

sent to the President of the Assembly of the Republic and to the Government.

8-The annual report of the European Court of Auditors shall be subject to the opinion of the committee

competent on the grounds of matter and sent to the Committee on European Affairs.

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Article 8.

Human, technical and financial resources

For the good exercise of its competences, the Assembly of the Republic shall provide the

Committee on European Affairs of human, technical and financial resources

indispensable.

CHAPTER II

Selection, appointment or designation of personalities for positions in the European Union

Article 9.

Scope

1-A selection, designation and appointment by the Government of personalities for positions in the

institutions, bodies, or agencies of the European Union whose filings are not

subject to tender, submit to the process and rules set out in this diploma.

2-Do not become subject to the present scheme the candidates for member of the Commission

European, of the Committee of the Regions and of the Economic and Social Committee, as well as the

candidates for Member of the European Parliament.

Article 10.

Positions of a non-jurisdictional nature

1-Previously to the appointment or designation, by the Government, of personalities to

positions in the institutions or bodies of the European Union of non-jurisdictional nature, the

respective names and curricula are passed on to the Assembly of the Republic, owing to

European Affairs Committee to pronounce on the same by appearing not

binding.

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2-With a view to the drafting of the opinion, the Committee on European Affairs may

proceed to the hearing of the nominated personalities.

3-The procedure of the preceding paragraphs applies to the appointment or designation for

leading posts of the European agencies, when this is compatible with the specific

selection process and choice in accordance with the rules of the European Union.

Article 11.

Positions of jurisdictional nature

1-Previously to the appointment or designation, by the Government, of personalities to

posts of a jurisdictional nature, specifically of a judge of the Court of Justice, judge of the

Court of First Instance, Judge of the Court of Auditors and Advocate-General, the

respective names and curricula are passed on to a selection committee

independent to which you will speak about the candidates by appearing not

binding.

2-For the purposes of the preceding paragraph the Government shall transmit a list of at least 3

names of candidates for each place to be filled.

3-With a view to the drafting of the opinion, the selection committee may proceed to the hearing

of the personalities included in the list transmitted by the Government.

4-When the Government understands not to follow the opinion of the selection committee, in the act

of appointment or designation shall substantiate the grounds for which it deviates from that

opinion.

Article 12.

Commission of selection

1-A independent selection committee referred to in the preceding paragraph shall be composed of

a president and four vowels, elected from among personalities of recognized merit

by an absolute majority of the Deputies in effectivity of duties.

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2-The rules of operation of the selection committee shall be defined by

internal regulation by it approved.

3-A Assembly of the Republic defines the personal status of the members of the committee and

ensures the administrative and logistical support necessary for its operation.

CHAPTER III

Final disposition

Article 13.

Repeal

It is repealed the Act No 20/94 of June 15.

Assembly of the Republic,

The PS Deputies