Key Benefits:
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DRAFT LAW NO. 393 /X (PS)
Proceeds to the third amendment of the Act No 74/98 of November 11 on the publication, the
identification and the form of diplomas.
Exhibition of Motives
Alongside a careful wording, it is required that the law be accessible and comprehensible by the
citizens. It turns out that the successive legislative changes, and the complexity of them,
create, often, barriers to their understanding on the part of citizens.
Between 2000 and 2005 were published 462 laws and 1932 decrees-law, corresponding to a
annual average of about 80 laws and 322 decrees-law that, as a rule, will engrosses the stock
legislative.
The present initiative aims to impose compulsory republication of all diplomas
that change others, regardless of their nature and extent.
The republication of laws aims to facilitate the consultation, often complex, of several and
scattered diplomas. On the other hand, it makes it easier for citizens to know the legal standards
that regulate their relations and contribute to legislative transparency.
In these terms, the lower-signed Members of the PS Parliamentary Group present
the following Draft Law:
Article 1.
Amendment to Law No. 74/98 of November 11
Article 6º of the law on the publication, identification and form of diplomas, approved
by Law No. 74/98 of November 11, as amended by Law No. 2/2005 of January 24 and by the
Law No 26/2006 of June 30 is replaced by the following:
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Article 6.
(...)
1. (...).
2. The diplomas referred to in the preceding paragraph shall proceed to the full republication of the
corresponding pieces of legislation, annexed to the said amendments.
3. (eliminated)
Article 2.
Republication
It is republished in the annex, which forms an integral part of this Act, Law No. 74/98, 11 of
November, with the current wording.
Article 3.
Entry into force
This Law shall come into force on the day following that of its publication.
Palace of Saint Benedict, June 28, 2007
The Deputies,
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ANNEX
Republication of Law No. 74/98 of November 11
Article 1.
Publication and registration of distribution
1-A The legal effectiveness of the acts referred to in this Law depends on its publication in the
Journal of the Republic .
2-A the date of the diploma is that of its publication, understanding itself as such the date of the day on which the
Journal of the Republic becomes available on the site of the Internet managed by the Press
National-House of the Currency, S. A.
3-With respect to the provisions of the preceding paragraph, the electronic edition of the Journal of the
Republic includes a record of the dates of its actual making available on the site of Internet
referred to in the same number.
4-The registration makes evidence for all legal effects and covers editions of the Journal of the
Republic since April 25, 1974.
5-A electronic edition of the Journal of the Republic makes full faith and the publication of acts through
of it realized is worth for all legal effects, and it should be used mechanism that
sign, when appropriate, the respective date and time of placement in public reading.
6-Without prejudice to the provisions of the preceding paragraph, the printed copies of the Journal of the
Republic may be the subject of authentication of their compliance with the official edition
electronic, in the applicable legal terms.
Article 2.
Effective
1-Legislative acts and other acts of generic content come into force on the day in them
fixed, in no case may the beginning of the duration check itself on the day of the
publication.
2-In the lack of fixation of the day, the diplomas referred to in the preceding paragraph shall come into force , in
all the national territory and abroad, at 5. day after publication.
3-[ Revoked ].
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4-The time limit referred to in paragraph 2 shall be the case from the immediate day on which it was made available in the
site of the Internet managed by the National Press-House of Currency, S. A.
Article 3.
Publication in the Journal of the Republic
1-The Journal of the Republic comprises 1 th and 2 . Th series.
2-Are the subject of publication in the 1 th series of the Journal of the Republic :
a) The constitutional laws;
b) The international conventions, the respective presidential decrees, the notices of
deposit of instrument of binding, specifically those of ratification, and too much
notices to them relating;
c) The organic laws, laws, decrees-laws and regional legislative decrees;
d) The decrees of the President of the Republic;
e) The resolutions of the Assembly of the Republic;
f) The decrees of the Representatives of the Republic of the Republic of appointment and exoneration of the
Chairpersons and members of the Regional Governments of the Azores and Madeira;
g) The Regiments of the Assembly of the Republic, the Council of State and the
Legislative Assemblies of the Autonomous Regions;
h) The decisions and statements of the Constitutional Court that the law will send in the
1 th series of the Journal of the Republic ;
i) The jurisprudence decisions of the Supreme Court of Justice and the
Court of Auditors and the decisions of the Supreme Administrative Court to which the law
check out general mandatory force;
j) The results of the referendums and the elections for the President of the Republic, the
Assembly of the Republic, the Legislative Assemblies of the Autonomous Regions and the
European Parliament, in the terms of the respective applicable legislation;
l) The message of resignation of the President of the Republic;
m) The motions of rejection of the Government Programme, of trust and of censorship;
n) The opinions of the Council of State provided for in points a) a e) of Article 145 of the
Constitution and those that the delibere Council itself to make publish;
o) The remaining decrees of the Government;
p) The resolutions of the Council of Ministers and the portaries containing provisions
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generics;
q) The resolutions of the Legislative Assemblies of the Autonomous Regions and the decrees
regional regulations;
r) The decisions of other courts not mentioned in the previous paragraphs to which the law
check out general mandatory force;
s) The statements regarding the resignation or loss of mandate of Members to the
Assembly of the Republic and the Legislative Assemblies of the Autonomous Regions.
3-Without prejudice to the remaining acts subject to official publication duty in the 2 th grade, they are in it
published:
a) The normative dispatches of the members of the Government;
b) The results of the elections for the organs of local authorities;
c) The budgets of the services of the State whose publication in the Journal of the Republic be
required by law and statements on transfers of appropriations.
Article 4.
Sending of the texts for publication
The text of the diplomas is sent for publication in the Journal of the Republic , after being fulfilled
the constitutional or legal requirements, through the competent departments of the organs
donde provenha.
Article 5.
Rectifications
1-rectifications are admissible exclusively for correction of grammatical lapses,
orthographic, calculation or analogous nature or for correction of material errors
coming from disagreements between the original text and the text of any diploma
published in the 1 th series of the Journal of the Republic and are made upon declaration by the organ
which approved the original text, published in the same series.
2-rectification statements should be published up to 60 days after the publication of the text
rectifying.
3-A failure to meet the deadline specified in the preceding paragraph shall determine the invalidity of the act of
rectification.
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4-rectification statements report the effects on the date of the entry into force of the text
rectified.
Article 6.
Changes and republication
1-diplomas that change others must state the order number of the amendment
introduced and, should there have been any previous changes, identify those diplomas that
proceeded to these amendments, even if they were concerned with other standards.
2-The diplomas referred to in the preceding paragraph shall proceed to the full republication of the
corresponding pieces of legislation, annexed to the said amendments.
Article 7.
Identification
1-All acts are identified by a number and by the date of the respective publication in the
Journal of the Republic .
2-Normative acts shall have a title that synthetically translates its object.
3-The diplomas from each of the Autonomous Regions have numbering of their own and are still
identified by the letters A (Azores) and M (Madeira), to be added to the indication of the year.
4-diplomas that have the same generic designation should be identified by the
indication of the issuing entity.
Article 8.
Numbering and presentation
1-There is distinct numbering for each of the following categories of acts:
a) Constitutional Laws;
b) Organic leys;
c) Laws;
d) Decrees-leisure;
e) Regional legislative decrets;
f) Decrees of the President of the Republic;
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g) Resolutions of the Assembly of the Republic;
h) Resolutions of the Council of Ministers;
(i) Resolutions of the Legislative Assemblies of the Autonomous Regions;
j) Decisions of courts;
l) Decrees;
m) Regulatory Decrees;
n) Regional regulatory decrees;
(a) Decrees of the Representatives of the Republic for the Autonomous Regions;
p) Portaries;
q) [ Repealed ];
r) Opinions;
s) Notices;
t) Declarations.
2-Courts decisions have distinct numbering for each of them.
3-The acts referred to in paragraph 1 are edited in the 1 th series of the Journal of the Republic second to
ordering of the respective issuers entities.
4-For the purposes of the preceding paragraph, the constitutional sequence of organs is followed and in the case
of the acts of the Government, the ordinance resulting from the respective organic law.
Article 9.
General provisions on form of diplomas
1-At the beginning of each diploma indicate the organ donde emana and the provision of the Constitution
or of the law under which it has been approved and is published.
2-When in the procedure they have participated, on an advisory or deliberative basis, by force
of the Constitution or of the law, another or other bodies beyond the final approval body, or
a consultation has elapsed to the citizen's citizens, it is made express reference to such a fact.
3-The constitutional laws and the organic laws expressly state their nature, in the
formula of the corresponding diploma.
4-Dealing with diploma in transposition of Community Directive, must be indicated
expressly the directive to transpose.
5-Regulations must expressly state the laws they aim to regulate or which
define the subjective and objective competence for its issuance.
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6-After the text of each diploma, they should appear on the date of their approval and other acts
complementary, constitutional or legally required, as well as the signing of the
competent entities, under the Constitution or the law.
7-Whenever the present diploma refers to competent ministers, it should be understood that
are covered those whose departments have, in the reason of matter, interference in the
implementation of the act.
Article 10.
Decrees of the President of the Republic
1-The decrees of the President of the Republic shall comply with the following form:
" The President of the Republic decrees, in the terms of the article ... of the Constitution, the following:
(Follows the text.) "
2-Dealing with ratification decrees of international treaties, the text is composed of the
following mode:
" It is ratified the ... (it follows the identification of the treaty, with indication of the matter to which
respect, from the place and date of the signing and the number and date of the resolution of the Assembly of the
Republic that approved it for ratification). "
3-Dealing with decrees of appointment and exoneration of the members of the Government, shall be
made explicit mention of the Prime Minister's proposal.
4-After the text of decree, they follow, successively, the signature of the President of the
Republic, with the mention of the respective date and of the place where it was made, if it was not
in Lisbon, as well as, if it is covered by Article 140 (1) of the Constitution, the
date of the referenda and the signature of the Prime Minister.
Article 11.
Diplomas of the Assembly of the Republic
1-The laws of the Assembly of the Republic comply with the following form:
" The Assembly of the Republic decrees, pursuant to Article 161 (...) of the
Constitution, the following:
(Follows the text.) "
2-Addressing constitutional or organic law, must expressly mention the term
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corresponding, in the final part of the formula.
3-After the text, they follow, successively, the date of the approval, the signature of the President
of the Assembly of the Republic, the date of the promulgation, the order of publication and the signature
of the President of the Republic, the date of the referenda and the signing of the Prime Minister.
4-The resolutions of the Assembly of the Republic comply with the following form:
" The Assembly of the Republic resolves, under the terms of Article 161 (161) and paragraph 5 of the
article 166 of the Constitution, the following:
(Follows the text.) "
5-Dealing with resolutions of approval of treaties or international agreements, the text is
composed as follows:
" Approve (for ratification, in the case of treaties) o ... (follows the identification of the treaty
or of the international agreement in a simplified form, with indication of the matter to which
respect, from the place and date of the signing, the content of the respective instrument published
in attachment). "
6-After the text of the resolutions, they follow, successively, the date of the approval and the
signature of the President of the Assembly of the Republic.
7-Addressing a resolution of approval of an international agreement in form
simplified, to the signature of the President of the Assembly of the Republic follow the order
of the publication, the signature of the President of the Republic, with the mention of the respective date,
the date of the referenda and the signing of the Prime Minister.
Article 12.
Legislative diplomas of the Government
1-The decrees-laws comply with the following form:
a) Decrees-laws set out in paragraph a) of Article 198 (1) of the Constitution:
" Under the terms of the paragraph a) of Article 198 (1) of the Constitution, the Government decrees
the following:
(Follows the text.) "
b) Decrees-laws set out in paragraph b) of Article 198 (1) of the Constitution:
" In the use of the legislative authorization granted by the article ... of the Law n. .../..., de ...,
and under the terms of the point b) of Article 198 (1) of the Constitution, the Government decrees
the following:
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(Follows the text.) "
c) Decrees-laws set out in paragraph c) of Article 198 (1) of the Constitution:
" In the development of the legal regime established by the Act (or Decree-Law)
n. .../..., de ... de ..., and in the terms of the paragraph c) of Article 198 (1) of the Constitution,
the Government decrees the following:
(Follows the text.) "
d) Decrees-laws set out in Article 198 (2) of the Constitution:
" In accordance with the provisions of Article 198 (2) of the Constitution, the Government decrees
the following:
(Follows the text.) "
2-After the text, they follow, successively, the date of approval in Council of Ministers,
the signing of the Prime Minister and the relevant ministers, the date of the promulgation, the
order of publication and the signing of the President of the Republic, the date of the referenda and the
signature of the Prime Minister.
Article 13.
Proposals for law
1-The Government's proposed law proposals must contain an explanatory statement and comply with the
the following form:
" Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law (with request for priority and urgency,
if it is the case):
(Follows the text.) "
2-After the text, they follow, successively, the date of the approval in Council of Ministers and
the signing of the Prime Minister and the relevant ministers.
Article 14.
Other diplomas from the Government
1-The other diplomas of the Government comply with the following form:
a) Regulatory decrees:
Under the terms of the paragraph c) of Article 199 of the Constitution and ... (follows the identification
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of the legislative act to be regulated), the Government decrees the following:
(Follows the text.) "
" Under the terms of the paragraph g) of Article 199 of the Constitution, the Government decrees the
next:
(Follows the text.) "
b) Decrees set out in paragraph c) of Article 197 (1) of the Constitution:
" Under the terms of the paragraph c) of Article 197 (1) of the Constitution, the Government approves
the ... (it follows the identification of the international agreement in a simplified form, with
indication of the matter to which it respects, the place and date of the signing, the content of the
respective instrument published in annex). "
c) Decrees:
" In the terms of the ... (it follows the identification of the act and the respective standard that
sets out the requirement for decree) and of the point c) of Article 199 of the Constitution, the
Government decrees the following:
(Follows the text.) "
" In the terms of the ... (it follows the identification of the act and the respective standard that
sets out the requirement for decree) and of the point g) of Article 199 of the Constitution, the
Government decrees the following:
(Follows the text.) "
" Under the terms of the paragraph g) of Article 199 of the Constitution, the Government decrees the
next:
(Follows the text.) "
d) Resolutions of the Council of Ministers:
" Under the terms of Article 199 (199) of the Constitution, the Council of Ministers
resolves:
(Follows the text.) "
" In the terms of the ... (it follows the identification of the act and the respective standard that
sets out the requirement for resolution) and Article 199 (...) of the Constitution, the
Council of Ministers resolves:
(Follows the text.) "
e) Portaries:
" Sends the Government, by the ... (indicate the competent member or members), the following:
(Follows the text.) "
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2-After the text of the decrees mentioned in the a) from the previous number, follow,
successively, the date of the approval in Council of Ministers, the signing of the First-
Minister and the relevant ministers, the date of the promulgation, the order of publication and the
signature of the President of the Republic, the date of the referenda and the signing of the First-
Minister.
3-After the text of the decrees mentioned in the paragraphs b) and c) of paragraph 1, follow,
successively, the date of the approval in Council of Ministers, the signing of the First-
Minister and the relevant ministers, the signing of the President of the Republic, with the
mention of the respective date, the date of the referenda and the signing of the Prime Minister.
4-After the text of the resolutions mentioned in the paragraph d) of paragraph 1, follow,
successively, the date of the approval in Council of Ministers and the signing of the First-
Minister.
5-After the text of the diplomas mentioned in the e) of paragraph 1, the following is the signature of the
member or members of the Government who emit them, with the indication of the respective date.
6-Being several of the members of the Government to sign the diplomas alluded to in the preceding paragraph,
the date that releva is the one of the last signature.
Article 15.
Decrees of appointment and exoneration of the members of the Regional Governments
1-The decrees of appointment and exoneration of the Presidents of the Regional Governments comply
the following form:
" Under Article 231 (3) of the Constitution, I shall appoint (or exonero):
(Follows the text.)
Signed in ...
Publiate.
The Representative of the Republic for the Autonomous Region ..., (signature). "
2-The decrees of appointment and exoneration of the members of the Regional Governments comply
the following form:
" Under Article 231 (4) of the Constitution, I shall appoint (or exonero), on a proposal from the
President of the Regional Government:
(Follows the text.)
Signed in ...
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Publiate.
The Representative of the Republic for the Autonomous Region ..., (signature). "
Article 16.
Diplomas from the self-governing bodies of the Autonomous Regions
1-At the beginning of each diploma of the Legislative Assemblies of the Autonomous Regions or of the
Regional Governments indicate, in addition to the organ donde emana and the provision
constitutional under which it is approved, the corresponding precept of the respective
political-administrative status and, where appropriate, the legislative act to be regulated.
2-Regional legislative decrees approved under a legislative authorization, or
to develop for the regional framework principles or general bases of legal regimes
contained in laws that they circumscribe, should expressly invoke the respective
laws of authorization or the laws whose principles or bases develop.
3-In regional legislative decrees and in the regional regulatory decrees of the
competence of the Legislative Assemblies of the Autonomous Regions, after the text follows-
if, successively, the date of the approval, the signature of its President, the date of the
signature by the Representative of the Republic, the order of publication and the signing of this.
4-In the regional regulatory decrees of the competence of the Regional Governments, after the
text followed, successively, the mention of the approval by the Regional Government and the
on the respective date, the signature of its President, the date of the signing by the Representative of the
Republic, the order of publication and the signature of this.
Article 17.
[ Revoked ]
Article 18.
Abrogation standard
The following diplomas are revoked:
a) Law No. 6/83 of July 29;
b) Decree-Law No 337/87 of October 21;
c) Decree-Law No 113/88 of April 8;
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d) Decree-Law No. 1/91 of January 2.