Third Amendment Of Law No. 74/98, Of 11 November, On The Publication, The Identification And The Form Of Diplomas.

Original Language Title: Terceira alteração da Lei n.º 74/98, de 11 de Novembro, sobre a publicação, a identificação e o formulário dos diplomas.

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427162444d354d7931594c6d527659773d3d&fich=pjl393-X.doc&Inline=false

1 DRAFT law No. 393/X (PS) the third amendment of law No. 74/98, of 11 November, on the publication, the identification and the form of diplomas.

Explanatory statement the pair of a careful wording, the law is required to be accessible and understandable by citizens. It turns out that the successive legislative changes, and the complexity of the same, create often barriers to understanding on the part of citizens. Between 2000 and 2005 were published 1932 462 laws and decree-laws, corresponding to an annual average of about 322 80 laws and decree-laws which, as a rule, thickening the stock going. This initiative aims to impose the obligation of republication of all diplomas to change others, regardless of their nature and extent. Republication of laws aims to facilitate the query, often complex, multiple and scattered diplomas. On the other hand, facilitates the citizens aware of the legal rules governing their relations and contributes to the legislative transparency. Accordingly, the undersigned Members of the parliamentary group of the PS feature the following draft law: article 1 amendment to law No. 74/98, of November 11 article 6 of the law on publication, the identification and the form of diplomas, approved by law No. 74/98, of 11 November, as amended by law No. 2/2005, of 24 January , and by law No. 26/2006, of June 30, is replaced by the following: 2 article 6 (...)

1. (…). 2. The diplomas referred to in the preceding paragraph shall undertake the republication of corresponding legislation, attached to these changes. 3. (deleted) article 2 Republication is republished in annex, which forms an integral part of this law, the law No. 74/98, of 11 November, with the current wording.

Article 3 entry into force this law shall enter into force on the day following that of its publication.

São Bento Palace, June 28 2007, 3 Members ANNEX Republication of law No 74/98 of November 11 article 1 Publication and distribution registration 1-the legal effectiveness of the acts covered by this law depends on its publication in the Official Gazette. 2-the date of the diploma is the publication, understanding as such the date of the day on which the Gazette becomes available on the website run by the Imprensa Nacional-Casa da Moeda, s. a. 3-With respect for the provisions of the preceding paragraph, the electronic edition of the Gazette includes a record of the dates of their effective availability on the Internet site referred to in paragraph 1. 4-registration makes proof for all legal purposes and covers the issues of the Official Gazette since 25 April 1974. 5-the electronic edition of the Gazette full authentic and the publication of acts through it held goes for all legal purposes and should be used to check, where appropriate, the date and time of release for public reading. 6-without prejudice to the provisions of the preceding paragraph, the printed copies of the Gazette can be the subject of the authentication they comply with official electronic edition, in legal terms apply.

Article 2 Duration 1-legislative acts and other acts of generic content come into force on the day on them, and may not, under any circumstances, the beginning of the validity check on the day of publication. 2-in the absence of fixation of the day, the diplomas referred to in the preceding paragraph shall enter into force, throughout the national territory and abroad, on the fifth day after publication. 3-[Repealed].



4 4-the period referred to in paragraph 2 is counted from the day of its release on the website run by the Imprensa Nacional-Casa da Moeda, SA.

Article 3 publication in Gazette 1-the diary of the Republic comprises the 1st and the 2nd series. 2-Are published in the 1st series of the Diário da República: the) constitutional laws; b) international conventions, the relevant presidential decrees, notices of deposit of instrument of ratification including binding, and other notices relating to them; c) organic laws, laws, decree-laws and legislative decrees; d) the decrees of the President of the Republic; and) the resolutions of the Assembly of the Republic; f) the decrees of the representatives of the Republic of appointment and dismissal of Presidents and members of the regional Government of the Azores and Madeira; g) regiments of the Assembly of the Republic, the Council of State and the legislative assemblies of the autonomous regions; h) decisions and statements by the Constitutional Court that the law send publish on the first series of the Diário da República; I) uniformity of case law decisions of the Supreme Court of Justice and the Court of Auditors and the decisions of the Supreme Administrative Court that the law check out general binding force; j) the results of the referendum 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 accordance with its applicable law; l) the message of resignation of the President of the Republic; m) motions of rejection of the Government's Program, of trust and of censorship; n) the opinions of the Council of State referred to under (a)) and article 145 of the Constitution) and those that the Council acts do publish; the) other government decrees; p) the resolutions of the Council of Ministers and the ministerial orders containing 5 generic provisions; q) resolutions of the legislative assemblies of the autonomous regions and the regional regulatory decrees; r) decisions of other courts not listed in above which the law check out general binding force; s) The statements concerning waiver or loss of mandate of deputies to Parliament and the legislative assemblies of the autonomous regions. 3-Without prejudice to the other acts subject to duty of official publication in the second series, are her published: a) The normative orders members of the Government; b) the results of the elections to the organs of local authorities; c) the budgets of the State services whose publication in the Diário da República is required by law and the declarations on transfers of funds.

Article 4 submission of texts for publication the text of diplomas is submitted for publication in the Official Gazette, after completed the constitutional or statutory requirements, through the relevant departments of organs where obtained.

Article 5 1 Corrections-corrections are admissible only for grammatical lapses, spelling correction, or of similar nature or for the correction of material errors arising from differences between the original text and the text of any diploma published on 1st series of the Diário da República and are made by the organ that approved the statement original text, published in the same series. 2-the statements of rectification shall be published until 60 days after the publication of the text Truing. 3-failure to observe the time limit referred to in the preceding paragraph shall determine the invalidity of the Act of correction.



6 4-Corrigendum statements report the effect on the date of entry into force of the text corrected.

Article 6 Amendments and republish 1-the diplomas that alter others must indicate the order number of the amendment and, if there have been previous changes, identify those diplomas that made these changes, still relating to other standards. 2-the diplomas referred to in the preceding paragraph shall undertake the republication of corresponding legislation, attached to these changes.

Article 7 1 Id-all acts are identified by a number and the date of its publication in the Official Gazette. 2-The normative acts must have a title reflecting synthetically its objects. 3-The qualifications of each of the autonomous regions have their own numbering and are identified by the letters A (Azores) and M (wood), to add the indication of the year. 4-the diplomas that have the same generic name must be identified by an indication of the issuer.

Article 8 Numbering and presentation 1-there are separate numbering for each of the following categories of acts: the) Constitutional Laws; b) organic laws; c) Laws; d) Decree-laws; and regional Legislative Decrees); f) decrees of the President of the Republic;



7 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) courts decisions; l) Decrees; m) regulatory Decrees; n) regional regulatory Decrees; the representatives of the Republic Decrees) for the autonomous regions; p) Ordinances; q) [Repealed]; r) opinions; s) warnings; t) statements. 2-the decisions of courts have separate numbering for each of them. 3-The acts referred to in paragraph 1 are published in the 1st series of the Diário da República according to the ordering of their issuers. 4-for the purposes of the preceding paragraph, is the constitutional organ sequence and, in the case of Government acts, the resulting ordering of its organic law.

Article 9 General provisions on form of diplomas


1-at the beginning of each degree indicate the organ where it emanates and the provision of the Constitution or the law under which it was approved and published. 2-When in the procedure have participated, the consultative or deliberative title by virtue of the Constitution or the law, or other organs besides the final approval body, or has elapsed a query to voters, express reference to this fact. 3-The organic constitutional laws and laws expressly declare their nature, in the formula of the corresponding diploma. 4-in the case of degree of transposition of EU directive, must be indicated expressly transposing the directive. 5-the regulations must specify the following laws that seek to regulate or define the subjective and objective competence for the issue.



8 6-After the text of each degree, shall state the date of its adoption and other supplementary acts, constitutional or legally required, as well as the signature of the competent authorities, in accordance with the Constitution or the law. 7-where the present law refers to relevant Ministers means that are within the scope of those whose departments have, by reason of the 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 to form: ' the President of the Republic decrees, pursuant to article ... of the Constitution, the following: (it follows the text.)» 2-in the case of decrees of ratification of international treaties, the text is composed as follows: «it is ratified. (it follows the identification with Treaty concerning the case, the place and date of signature and the number and date of the resolution of the Assembly of the Republic that the approved for ratification).» 3-in the case of decrees of appointment and dismissal of members of the Government, express mention should be made to the proposal of the Prime Minister. 4-After the text of the Decree, the following are, successively, the signature of the President of the Republic, with the mention of the date and place where it was made, if not in Lisbon, as well as, if you are covered by paragraph 1 of article 140 of the Constitution, the date of countersignature 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 to form ' the Assembly of the Republic decrees, pursuant to ... of article 161 of the Constitution, the following: (it follows the text.)» 2-in the case of constitutional or organic law, should mention expressly the term 9, in the final part of the formula. 3-after the text, here are, successively, the date of approval, the signature of the President of the Assembly of the Republic, the date of the promulgation, publication and order the signature of the President of the Republic, the date of countersignature and the signature of the Prime Minister. 4-the resolutions of the Assembly of the Republic to form ' the Assembly of the Republic decides, pursuant to article 161. and paragraph 5 of article 166 of the Constitution, the following: (it follows the text.)» 5-in the case of resolutions for approval of treaties or international agreements, the text is composed as follows: ' Approve (for ratification, in the case of the treaties). (the following is the identification of the Treaty or international agreement in simplified form, with indication of the subject concerned, the place and date of signature and the content of its instrument published in annex).» 6-after the text of the resolutions, here are, successively, the date of approval and the signature of the President of the Assembly of the Republic. 7-in the case of a resolution of approval of an international agreement in simplified form, the signature of the President of the Assembly of the Republic follows the order of publication, the signature of the President of the Republic, with the indication of the date, the date of countersignature and the signature of the Prime Minister.

Article 12 1 Government legislation-decree-laws obey the following form: a) Decree-laws referred to in subparagraph (a)) of paragraph 1 of article 198 of the Constitution: "in accordance with subparagraph (a)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: (the text)» b) Decree-laws referred to in subparagraph (b)) of paragraph 1 of article 198 of the Constitution : «The use of legislative authorization granted by article ... of Law No .../... of ... of ..., and in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: 10 (follows text.)» c) Decree-laws provided for in subparagraph (c)) of paragraph 1 of article 198 of the Constitution: ' the development of the legal regime established by law (or law) No .../... , from ... to ..., and pursuant to paragraph 1) article 198 of the Constitution, the Government decrees the following: (the text)» d) Decree-laws referred to in paragraph 2 of article 198 of the Constitution: ' in accordance with the provisions of paragraph 2 of article 198 of the Constitution, the Government decrees the following: (it follows the text.)» 2-after the text, here are, successively, the date of adoption by the Council of Ministers, the signature of the Prime Minister and the Ministers concerned, the date of the promulgation, publication and order the signature of the President of the Republic, the date of countersignature and the signature of the Prime Minister.

Article 13 1-law proposals The Government law proposals must contain an explanatory memorandum and obey the following form: ' pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill (with application of priority and urgency, if applicable): (the following is the text.)» 2-after the text, here are, successively, the date of approval by the Council of Ministers and the signature of the Prime Minister and competent Ministers.

Article 14 Other Government diplomas 1-other diplomas of the Government obey the following form: a) regulatory Decrees: pursuant to article 199.º of the Constitution) and ... (follows 11 identification of legislative act to regulate), the Government decreed the following: (it follows the text.)» «Pursuant to subparagraph (g)) of article 199.º of the Constitution, the Government decrees the following: (the text)» b) Decrees provided for in subparagraph (c)) of paragraph 1 of article 197 of the Constitution: ' in accordance with subparagraph (c)) of paragraph 1 of article 197 of the Constitution, the Government approves the ... (it follows the identification of international agreement in simplified form, with indication of the subject concerned, the place and date of signature and the content of its instrument published in annex).» c) Decrees: ' in accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of Decree) and subparagraph (c)) of article 199.º of the Constitution, the Government decrees the following: (it follows the text.)» ' In accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of Decree) and (g)) of article 199.º of the Constitution, the Government decrees the following: (it follows the text.)» «Pursuant to subparagraph (g)) of article 199.º of the Constitution, the Government decrees the following: (the text)» d) resolutions of the Council of Ministers: ' in accordance with article 199.º. of the Constitution, the Council of Ministers decides: (the following is the text.)» ' In accordance with the ... (the following is the identification of the instrument and its standard which establishes the requirement of resolution) and ... of article 199.º of the Constitution, the Council of Ministers decides: (the text)» and Ordinances: «send) Government, by the ... (indicate the competent Member or members), the following: (it follows the text.)»



12 2-after the text of the decrees mentioned in subparagraph (a)) of the preceding paragraph, the following are, successively, the date of approval by the Council of Ministers, the signature of the Prime Minister and the Ministers concerned, the date of the promulgation, publication and order the signature of the President of the Republic, the date of countersignature and the signature of the Prime Minister. 3-after the text of the decrees referred to in paragraph 1 (b)) and c) of paragraph 1, the following are, successively, the date of approval by the Council of Ministers, the signature of the Prime Minister and competent Ministers, the signature of the President of the Republic, with the indication of the date, the date of countersignature and the signature of the Prime Minister. 4-after the text of the resolutions mentioned in subparagraph (d)) of paragraph 1, the following are, successively, the date of approval by the Council of Ministers and the Prime Minister's signature. 5-after the text of the diplomas referred to in subparagraph (e)) of paragraph 1, the following is the signature of the Member or members of the Government that the issue with the indication of the date. 6-several members of the Government to sign the diplomas referred to in the preceding paragraph, the date that is the last signature.

Article 15 Decrees of appointment and dismissal of the members of the regional governments 1-the decrees of appointment and dismissal of Presidents of regional governments obey the following form: ' under paragraph 3 of article 231.º of the Constitution, appoint (or discharge): (the following is the text.) Signed in ... Post. The representative of the Republic to the autonomous region ..., (signature).» 2-the decrees of appointment and dismissal of the members of the regional governments obey the following form: ' under paragraph 4 of article 231.º of the Constitution, appoint (or discharge), on a proposal from the President of the Regional Government: (the following is the text.) Signed in ...



13


Post. The representative of the Republic to the autonomous region ..., (signature).»

Article 16 Diplomas of the Government organs of the autonomous regions 1-at the beginning of each degree of the legislative assemblies of the autonomous regions or Regional Governments indicates, in addition to the organ where it emanates and the constitutional provision under which it is approved, the corresponding precept of its political-administrative regulations and, where appropriate, the legislative act to regulate. 2-regional legislative decrees adopted under a legislative authorization, or to develop for the regional principles or General bases of legal regimes contained in laws that they are limited, should invoke the relevant authorization laws explicitly or the laws whose principles or bases develop. 3 us regional legislative decrees and decrees regional regulatory competence of the legislative assemblies of the autonomous regions, after the text below, successively, the date of approval, the signature of its President, the date of signature by the representative of the Republic, the order of publication and the signing of this. 4 us regional regulatory decrees of the competence of regional Governments, after the text is followed by successively the approval by the Regional Government and the date, the signature of its President, the date of signature by the representative of the Republic, the order of publication and the signing of this.

Article 17 [Deleted] article 18 Standard set Are deleted the following diplomas: a) Law No. 6/83, of 29 July; b) Decree-Law No. 337/87, of 21 October; c) Decree-Law No. 113/88, of 8 April;



14 d) Decree-Law No. 1/91, of 2 January.