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1 PROPOSAL of law No. 135/X explanatory memorandum the Military Discipline regulations, approved by Decree-Law No. 142/77, of 9 April, the 30 years of validity. During this period, there were several modifications in the General administrative litigation law, especially from the reform which came into force from 2004. As a result of the profound changes introduced by the code of procedure in administrative courts, military discipline was subject to a procedural regime that creates difficulties in the appropriate articulation between the eigenvalues of military discipline, on the one hand, and the protection of rights, freedoms and guarantees of the military, on the other. It becomes, therefore, the need for revision of the regulation itself of military discipline, promoting by the Government within 90 days from the entry into force of this Act, review this in the framework of which will be re-weighted the current sanctions framework, with the extinction of disciplinary prison sentence compounded out of wartime and situations which are comparable. However, it is important to immediately establish an appropriate coordination between the Armed Forces disciplinary specific regulatory – whose specificity, we should emphasise, has constitutional seat – and the General rules for the protection of citizens against acts of public administration. It is recognized that the Act applies rules of military discipline is not an undifferentiated administrative act, but an administrative act with very specific characteristics, which imports ware in its own headquarters. 2 With this law, a regime that, sealing the military Armed Forces access to any of the General, including procedural protective means, create your own requirements must exist when the Act is practiced in the field of military discipline, under the rules of military discipline. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 1 – article 1 subject-matter this law establishes the special regime of the processes concerning administrative acts of disciplinary sanctions provided for in the rules of military discipline. 2-the procedures referred to in the final part of the preceding paragraph shall apply the provisions of the code of Administrative Courts Procedure, with the modifications resulting from this law. Article 2 the special precautionary suspension of validity of administrative acts in the field of military discipline when it is required the suspension of validity of an administrative act practiced under the rules of military discipline there is no place the automatic ban executing the administrative act, provided for in article 128 of the code of procedure in administrative courts. 3 article 3 special decision Criterion of precautionary measures in the field of military discipline Without prejudice to paragraphs 2, 3 and 5 of article 120 of the code of Administrative Courts Procedure, interim measures with regard to military discipline, in particular those involving the suspension of validity of application of penalties or disciplinary measures can only be enacted when there are founded fear a situation of fait accompli and it is clear the origin of the claim, formulated or to formulate in the main proceedings, because it is: a) manifestly illegal Act; b) Act of applying standard previously aborted; c) Act materially identical to another previously annulled or declared invalid or non-existent. Article 4 temporary precautionary measures must exist in the field of military discipline 1 – the interim must exist of precautionary measures of suspension of validity of administrative acts applying disciplinary measures provided for in the rules of military discipline depends on the fulfillment of the criteria set out in the previous article, determined summarily. 4 2-the decision on the provisional must exist of the precautionary measures referred to in the preceding paragraph must be preceded by a hearing of the requested Party, and may be made by any means expedito, preferably by telefax or e-mail.
Article 5 Subpoena for protection of rights, freedoms and guarantees 1 – for the purposes of article 109 of the code of Administrative Courts Procedure, no verification of the assumptions of the provisional must exist a restraining order, in accordance with the previous article, is not impossible or insufficient must exist. 2-in cases of special urgency referred to in article 111 of the code of Administrative Courts Procedure, related to the field of military discipline, any decision must be preceded by the audition of the required and may be made by any means expedito, preferably by telefax or e-mail. Article 6 jurisdiction in relation to the subject it is up to the Administrative Litigation section of each meet Central Administrative Court, at first instance, cases concerning administrative acts of application of disciplinary sanctions of imprisonment or more onerous. 5 article 7 Military Judges and Military Advisors, the Government shall, within 90 days, to propose legislative measures designed to predict the form of involvement of Military Judges and Military Advisers of the public prosecution service courts referred to in the previous article.
Article 8 entry into force this law shall enter into force on the day following that of its publication.
Seen and approved by the Council of Ministers of 3 May 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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