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1 DRAFT law No. 272/X (PS) draft law on amendment to law No. 7/93, of 1 March (members ' Statute explanatory memorandum this legislative initiative aims to correct some aspects of the system of incompatibilities and impediments of deputies to Parliament, as well as strengthen the mechanisms that ensure the transparency of the exercise of the mandate of Mr. It is a principle of good legislation that tells us that clarity and rigour in the formulation of the legal precepts promotes the effective enforcement of the rules and makes your ballot by citizens. So, in terms of incompatibility, provided for in article 20, updates the legal enumeration and clarify-if doubts about holding municipal posts. As for impediments, introduces a new, concerning the exercise of non-management positions in certain public bodies. In another step, the aim is to clarify some points related to the problem of registration of interests, matrix element of transparency and accountability in the exercise of parliamentary functions and politics. On your current formulation, the registration of interest suffers from confusion originating between incompatibilities and impediments. Confusion marked the last revision of the Statute for members operated by law No. 3/2001, of 23 February, to have deleted paragraph 2 of art. 26 the item "and any acts that may provide financial income or conflicts of interest". Indeed, the requirement of registration functions and public or private activities and the remaining registration obligations do not serve to determine the existence or non-existence of any 2 incompatibilities, but only to prevent and identify possible conflicts of interest. The register of interests is intended to give visibility and transparency to acts and activities allowed by law but which, because of your nature, may, if not properly made and advertised, weaken the independent and free exercise of the mandate. Instead, the incompatibilities assess themselves objectively in the light of the law and are prohibited by it, and is not, therefore, liable to any prior registration. The incompatibilities must therefore be only subject to a statement, signed under rules of engagement, no any incompatibilities provided for in law. Expands the list of activities and acts subject to the registration obligation. It becomes, therefore, compulsory of the activities carried out in the last three years and the details of that will continue to be exercised in overlapping with parliamentary mandate. Bind to the concept of preventing and relevant interest other interests beyond that concern the financial aspects. In this way, the application should, in particular, be made mention of the participation of representatives in committees or working groups or to participate in professional or representative associations of interest. Accordingly, the undersigned Members of the parliamentary group of the PS feature the following: SINGLE-ARTICLE draft law AMENDMENT to the STATUTE for MEMBERS of The articles 20, 21 and 26 of the members ' Statute, adopted by law No. 73/93, of 1 March, as amended by laws Nos. 24/95, of 18 August, no. 55/98, of 18 August; No. 8/99, of 10 February; No. 45/99, of 16 June; No. 3/2001, of 23 February (Rectification Declaration No. 9/2001, published in the Diário da República, i. grade-A, paragraph 61, of 13 March) and no. 24/2003, of July 4, shall be replaced by the following: article 20 3 1 Incompatibilities. Are incompatible with the exercise of the mandate of a Deputy to the Assembly of the Republic the following positions or functions: a) President of the Republic, Member of the Government and representatives of the Republic to the autonomous regions; b) c) (d)) and) f) g) President, Vice-President or President's legal substitute, and Alderman full-time or part-time arrangements of municipalities; h) i j)) l) m) n) Member of the regulatory authority for the media; the) 2. (…) 3. (…)
Article 21 1 Impediments. (…) 2. (…). 3. (…) 4. (…) 5. (…) 6. it is also forbidden to members, accumulation, without prejudice to the provisions laid down in law: 4 a) (...); b) (…); c) (…); d) member of social bodies of public enterprises, public capital companies or subsidiaries mainly by the State and autonomous public institution which is not covered by article) of paragraph 1 of article 20; and (d))); (f) subparagraph (e))). 7. (…). 8. (…).
Article 26 registration of interests 1. (…). 2. the register of interests is the inscription, in document of all acts and activities of Deputies likely to generate impediments. 3. The registration shall include the registration of activities performed, regardless of your shape or regime, namely: a) indication of positions, functions and activities, public and private, conducted for the past three years; b) Indication of positions, functions and activities, public and private, to exercise cumulatively with the parliamentary mandate. 4. The registration of relevant financial interests shall include the identification of acts which may, directly or indirectly, generate payments, namely: a) the entities to whom they were provided the services; b) Participation in advisory boards, commissions or other bodies monitoring schoolgirls, when provided by law or in the performance of monitoring and control of public funds; c) societies in whose capital join you or spouse separated from persons and property; d) subsidies or financial aid, per se, by the spouse separated from persons and property or for society in whose capital participate; 5 e) conferences, lectures, short-term training and other activities of a similar nature; 5. In other relevant interests should, in particular, be made mention of the following facts: the) Participation in committees or working groups; b) Participation in civic associations; c) Participation in professional associations or representative of interests. 6. Register of interests should be deposited in the Committee of ethics in 60 days after the investiture in the mandate and updated, within 15 days after the occurrence of the facts or circumstances which justify new entries. 7. the register of interests is public and can be consulted by anyone who so requests.
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