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Establishment Of A Working Group For The Elaboration Of A Guide Of Good Practices About Requests And Questions To The Government

Original Language Title: Constituição de um grupo de trabalho para a elaboração de um guia de boas práticas sobre requerimentos e perguntas ao Governo

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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,