Key Benefits:
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DRAFT RESOLUTION NO. 224 /X
CONSTITUTION OF WORKING GROUP FOR THE DRAFTING OF
A CODE OF GOOD PRACTICES
The Constitution of the Portuguese Republic provides in its Article 156 that one of the
powers of the Deputies is " to ask questions to the Government about any acts of this or
of the Public Administration and obtain reply within reasonable time "[point d] and" require
and obtain from the Government or the organs of any public entity the elements,
information and official publications that you consider useful for the exercise of your
mandate " [(e)].
By way of example, the current Rules of the Assembly of the Republic establish
that the requirements must be answered " with the urgency that the question
justify ".
The use of diverse formulations by the Constitution and the Rules
allows for different interpretations, rarely coincidental, between Parliament and Government.
Members of the Socialist Party have submitted, in their Draft Rules,
a proposal to remedy that issue.
However, it is not only about the deadline to respond to the requirements that
lacks a special care, also the quality of the clarifications that one gets
needs to be improved.
He often attends to the formal observance of the Constitution and the
Rules, without which there is a result of the satisfaction of the claim of the Deputy, which so sees
prevented from performing at the best level of their duties.
On the other hand, there is a certain banalization in the use of the
applications, which, in certain cases and in view of their high number, originates a
true congestion in some offices.
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Not always these applications present concrete and objective questions or
identify even clearly their recipient, being directed only to the Government at
general.
These repeated practices have contributed to the devaluation of the requirement
as a fundamental tool in the control and surveillance of the action and activity of the
Government.
Face to the exposed, easily it is concluded by the need to create a group of
work that will undertake the drafting of a Good Practice Guide, which links both the
Assembly of the Republic, as the recipients of the applications, in particular the
Government.
Thus, the Deputies of the Socialist Party, the undersigned, present us
applicable constitutional, legal and regimental terms, the following:
Draft Resolution
The Assembly of the Republic, in accordance with Article 166º (5) of the Constitution
of the Portuguese Republic, resolves the following:
1. The constitution of a working group, with pluripartisan composition to
decide in Conference of Leaders, for the drafting of a Boat Guide
Practices on the requirements and questions to the Government, provided for in the article
156. of the Constitution of the Portuguese Republic.
2. This working group aims to put forward proposals with a view to
improve the elaboration of the requirements and questions and the content of the
answers.
3. This working group is expected to submit a proposal for Boat Guide
Practices, up to the end of 2007, with the aim of being appreciated by the Assembly
of the Republic, with a view to its eventual adoption.
4. It should also be recommended the adoption of the Good Practice Guide to the
Government.
Palace of Saint Benedict, July 4, 2007
The Deputies,