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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.