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DRAFT LAW NO. 272 /X (PS)

Draft Act to amend the Act No 7/93 of March 1 (Status of Deputies

Exhibition of reasons

The present legislative initiative aims to correct some aspects of the regime of

incompatibilities and impediments of Members to the Assembly of the Republic, well

how to strengthen the mechanisms that ensure transparency of the exercise of the mandate

of Deputy.

It is part of a principle of good legislation that tells us that clarity and thoroughness in

formulation of the legal precepts potency the effective compliance with the standards and facilitates

their scrutiny by the citizens.

Thus, in the plan of the incompatibilities, provided for in Art. 20, it is updated to

legal enumeration and clarify doubts about municipal officeholders.

As for impediments, a new one, concerning the exercise of posts that

are not of management in certain public entities.

In another step, it aims to clarify some points related to the problematic of the

registration of interests, matrix element of transparency and accountability of the

exercise of parliamentary and political functions.

In its current formulation, the register of interests suffers from confusion originating between

incompatibilities and impediments. Confusion accentuated in the latest revision of the Statute

of the Deputies operated by Law No. 3/2001 of February 23, by having deleted from the n. º2,

of the art. 26º the inciso " and any acts that may provide financial income or

conflicts of interest ".

In effect, the obligatory enrolment of the functions and public activities or

proven and the remaining sign-up obligations do not serve to affer from existence or

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non-existence of any incompatibilities, but only to prevent and identify

possible conflicts of interest.

The registration of interests is thus intended to give visibility and transparency to acts and

activities permitted by law, but which, by their nature, can, if they are not

duly assumed and publicized, fragilize the independent and exempt exercise of the

mandate. Rather, incompatibilities are objectively affixed in the face of the law and are by

it prohibited, not being, therefore, liable for any prior registration.

Incompatibilities should thus be only the subject of a declaration, firmed up under

commitment of honour, of non-existence of any of the incompatibilities provided in the

law.

It broadens the cast of activities and acts subject to obligation to enroll. Becomes,

thus, compulsory the enrolment of the activities carried out in the last three years and the

indication of those that will continue to be exercised in cumulation with the parliamentary mandate.

They link to the concept of impediment and relevant interest other interests beyond

of those who concern the financial aspects. In this way, in the inscription should,

inter alia, mention is made of the participation of the Deputies in committees or groups

of work or participation in professional or representative associations of

interests.

In these terms, the lower-signed Members of the PS Parliamentary Group present the

next Draft Law:

SINGLE ARTICLE

AMENDMENT TO THE STATUS OF MEMBERS

Articles 20º, 21º and 26 of the Statute of Deputies, adopted by Law No. 73/93, 1 of

March, with the amendments introduced by the Laws 24/95, of August 18, paragraph 55/98, of

August 18; paragraph 8/99 of February 10; paragraph 45/99 of June 16; para. 3/2001, 23

of February (Statement of Rectification No 9/2001, published in the Journal of the Republic,

I. Series-A, n. 61, March 13) and No 24/2003 of July 4, go on to have the following

wording:

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Article 20º

Incompatibilities

1. Are inconsistent with the exercise of the term of office of the Deputy to the Assembly of

Republic the following posts or functions:

a) President of the Republic, member of the Government and Representatives of the Republic for the

Autonomous Regions;

b)

c)

d)

e)

f)

g) President, vice president or legal replacement of the President, and alderman on time

whole or in half-time regime of the municipal chambers;

h)

i)

j)

l)

m)

n) Member of the Regulatory Entity for Social Communication;

o)

2. (...)

3. (...)

Article 21.

Impediments

1. (...)

2. (...).

3. (...)

4. (...)

5. (...)

6. It is similarly vetted to the Deputies, in regime of accumulation, without prejudice to the

provisions of special law:

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a) (...);

b) (...);

c) (...);

d) Member of social bodies of public companies, capital companies

public or majority-owned by the state and public institute

autonomous not covered by Article 20 (1) (o);

(e) previous point (d);

f) previous point (e).

7. (...).

8. (...).

Article 26.

Record of interests

1. (...).

2. The registration of interests consists of the inscription, in a document of its own, of all the

acts and activities of the Deputies likely to generate impediments.

3. Registration should appear in the enrollment of activities carried out, regardless of the

its form or regime, specifically:

a) Indication of posts, functions and activities, public and private, exercised in the

last three years;

b) Indication of posts, functions and activities, public and private, to be exercised

cumulatively with the parliamentary mandate.

4. Enrollment of relevant financial interests will understand the identification of the

acts likely to, directly or indirectly, generate payments, specifically:

a) the entities to whom the services have been provided;

b) Participation in advisory boards, supervisory commissions, or other

collegiate bodies, when provided for in the law or in the surveillance exercise or

control of public monies;

c) Societies in whose capital they participate by themselves or by the spouse not separated from

people and goods;

d) Grants or financial supports, per se, by the spouse not separated from persons and

goods or by society in whose capital they participate;

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e) Realization of conferences, lectures, short-form trainings and

other activities of identical nature;

5. In the enrollment of other relevant interests, it should, in particular, be made

mention of the following facts:

a) Participation in commissions or working groups;

b) Participation in civic associations;

c) Participation in professional or representational associations of interests.

6. Registration of interests is to be deposited in the Parliamentary Committee on Ethics in the

60 days later to the investiture in the mandate and updated, within the maximum term of 15

days, after the occurrence of facts or circumstances justifying new inscriptions.

7. The registration of interests is public and can be consulted by whom to request it.

The Deputies