Key Benefits:
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DRAFT LAW NO. 394 /X
THIRD AMENDMENT TO LAW No. 43/90 OF August 10,
AMENDED BY LAW NO. 6/93, March 1 AND NO. 15/2003, OF 4
JUNE.
Exhibition of reasons
The reform and modernization of Parliament, in which the Socialist Party is
endeavor, has genetic support in the programmatic bases of the legislative elections of
2005 pursuant to which the strengthening of the parliamentary assembly has been propurt " ...
resorting to the processes of political participation offered by new technologies,
with a view to the deepening of transparency and democratic accountability. "
Erecting as a finalist objective serve better the citizenships, citizens and the
Democracy the P.S. Parliamentary Group has delimited a set of recommendations-
guide among which figure to be dignifying the relations of the Assembly of the Republic with the
initiatives that are aimed at it and make it more friendly to the relationship with the voters and
with the citizenship.
The overall character of the reform determined that it would not only focus on
in the strictly regimental subjects, which justifies a range launched to a circle
wider noun yet directly connable with parliamentary activity.
It is, therefore, as soon as the Right of Petition finds place and space in this reform and
that, in the due process of the constitutional matrix of fundamental rights and duties, as
plasm, maximally, articles 52 and 178 of the Basic Law, we propose
abalone to a frank revision of the ordinary legislation of the petition.
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Dealing with matter with the high dignity of rights, freedoms and
guarantees of political participation and, in the context of the coherent economy of reform, the
option translated in this bill assumes verter and treat in legal Sede all the
discipline of the right of petition, evicting from the Regiment of the Assembly of the Republic
folded and sometimes uncoherent standards.
And, in that Sewer most own-that of the Law-what we propose is that the legislator
advance towards the enhancement of the rights of citizens, specifically when
question the Administration and the State, with the dignity and the strength that has to do it by
intermediate of the representatives elected by universal and direct suffrage-the Deputies.
Thus, under the applicable constitutional and regimental provisions, the
Deputies of the Parliamentary Group of the lower-signed Socialist Party present the
following draft law:
Article 1.
Articles 4, 6, 9, 12, 15, 17, 18, 19, 20, 22, 22, 22, 22, 22, 22.
of Law No. 43/90 of August 10, as amended by Law No. 6/93 of March 1 and by the Law
n ° 15/2003 of June 4, shall be replaced by the following:
Article 4.
(...)
1- The right to petition, as an instrument of political participation
democratic, belongs to the Portuguese citizens, without prejudice to equal
legal capacity for citizens of other states, who recognize it, to the
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Portuguese, in conditions of equality and reciprocity, in particular in the
scope of the European Union and in that of the Community of Countries of Language
Portuguese.
2- Foreigners and stateless persons who find themselves or reside in Portugal
they always enjoy the right of petition for defence of their rights and interests
legally protected.
3- (...).
4- (...).
Article 6.
(...)
1- (current body).
2-The provisions of the preceding paragraph shall be without prejudice to the faculty of verification,
complete or by sampling, the authenticity of the signatures and the identification
of the underwriters.
3-The petitioners must indicate sufficient identification elements for
allow for the control of authenticity.
Article 8.
Duty of examination and communication
1- (...)
2- (...)
3- The petitioners indicate a single address for the purpose of communications
provided for in this Law.
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4- When the right to petition is exercised collectively, the communications
and notifications, made in the terms of the preceding paragraph, are deemed valid
as to the entirety of the petitioners.
Article 9.
(...)
1- (...).
2- The petition, the representation, the complaint and the complaint must, however, be
reduced written, including in Braille language, duly signed by the
holders, or by outing their rogo, if those do not know or cannot
sign.
3- The right of petition may be exercised by post or through
telegraph, telex, telefax, electronic mail and other means of telecommunication.
4- (...)
5- (...)
6- (...)
7- (...)
Article 12.
(...)
1- (...)
2- (...)
3- The provisions of paragraph (b) of the number one shall be without prejudice to the receipt of a petition
which has the object to question, in the abstract and without retroactive effect, the
standards on the basis of which judicial decisions or acts have been rendered
administrative referred to.
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Article 15.
(...)
1- The petitions addressed to the Assembly of the Republic are addressed to the
President of the Assembly of the Republic and appreciated by the committees
competent in the grounds of matter or by specially constituted committee
for the purpose, which will be able to hear those and, where appropriate, appreciated
also by the Plenary.
2- (...)
3- Received the petition, the relevant parliamentary committee, at a meeting, takes
knowledge of the object of the same, deliberates on its admission, on the basis of
Note of Admissibility drawn up by parliamentary services, appoints the
Deputy rapporteur and appreciates, inter alia:
a) (...);
b) If the requirements of form mentioned in Article 9 have been observed;
c) The entities to whom they should be immediately requested information.
4- The petitioner is immediately notified of the order to which the
previous number.
5- The President of the Assembly of the Republic, on his own initiative or
request from any parliamentary committee, may determine the junction of
petitions in a single process of tramping, where it is apparent
identity of object and pretension.
6- The relevant parliamentary committee should appreciate and deliberate on the
petitions within 60 days from the date of the meeting to which the number is referred
3.
7- (current number 5).
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8- Finale the examination of the petition, the final report is approved, which should be
sent to the President of the Assembly of the Republic, containing the arrangements
appropriate judgements under Rule 16.
9- The President of the Assembly of the Republic gives sequence to the arrangements
approved and, simultaneously, the Chairman of the parliamentary committee gives
knowledge of the report to the petitioner and mandates to comply with the
Internet pursuant to the provisions of Articles 13-A.
Article 15-The
(...)
1- (...).
2- (...)
3- The system provides an elaborate, flat-fill model for
sending and receiving petitions over the Internet.
4- Any citizen who enjoys legitimacy under the terms of Article 4º, may
become petitioner by accession to a pending petition, within the established time
in paragraph 2 of the following article, by written communication to the parliamentary committee
competent in which he declares to accept the terms and the claim expressed in the petition,
indicating the sufficient identification elements, in the terms and for the effects
of Article 6.
5- The membership counts for all legal effects and shall be communicated to the
petitioners originating.
Article 16.
(...)
1- (...)
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2-(eliminated)
Article 17.
(...)
1- The parliamentary committee, during the examination and instruction, can hear the
petitioners, solicit testimony from any citizens and apply for and obtain
information and documents of other organs of sovereignty or of any
public or private entities, without prejudice to the provisions of the law on secrecy of
State, secret of justice or professional secrecy, and may request the
Public administration the representations that show necessary.
2- Parliamentary committee may deliberate hearing in hearing the responsible
by the Service of the Administration targeted in the petition.
3- (...)
4- The fulfillment of the requested by the parliamentary committee, pursuant to the
this article, takes priority over any other services of the Administration
Public, and shall be carried out within a maximum of 20 days.
5- (...)
Article 18.
(...)
1- Completed the procedures laid down in Article 17 of examination and instruction,
the parliamentary committee may still carry out a conciliatory due diligence, since
that this is properly justified.
2- (...).
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Article 19.
(...)
1-(...)
2-A lack of unwarranted comparisons on the part of petitioners may have
as a consequence the filing of the respective process, pursuant to the
number 3 of Article 14-A, not being applied to them as provided for in the number
previous.
Article 20.
(...)
1- The petitions are appreciated in Plenary whenever one of the
following conditions:
a) (...);
b) Be approved report and appear favourable to your consideration in Plenary,
duly substantiated, taking into account, in particular, the scope of
interests in question, their social, economic or cultural importance and the
gravity of the situation the subject of the petition.
2- (...).
3- (...).
4- (...)
5- (...).
6- On the basis of the petition, it may also be any deputy to take a
initiative, to which, if required by the present Member, it is debated and voted on
in the terms referred to in the preceding paragraph.
7- (...)
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8 -Where debate is scheduled in plenary whose subject matter is identical to
pending petition, which meets the conditions set out in number one, will be this
equally avocated.
9-(current number 8)
Article 21.
(...)
1- They are published in full in the Journal of the Assembly of the Republic as
petitions:
a) Signed by a minimum of 1000 citizens;
b) Those that the President of the Assembly of the Republic to have published in
compliance with the deliberation of the commission.
2- Reports on the petitions referred to in the above are also published.
previous number.
3- (...).
Article 22.
(...)
Within the framework of their respective constitutional powers, the organs and authorities
covered by this Law shall draw up standards and other measures for
to its effective fulfillment.
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Article 2.
Articles 14-A, 15-B, 17-and 21-A to the Law No 43/90 of 10 of 10 are postponed.
August, amended by Law No 6/93 of March 1 and by Law No. 15/2003 of June 4,
with the following:
Article 14º-A
Desistance
1- The petitioner may, at all times, give up the petition, upon
written application submitted before the entity that received the petition or
face to the one who is examining it.
2- When it is several the petitioners all must sign the application.
3- The competent body for the examination of the petition decides whether to accept the
application, declare finda the petition and proceed to its filing or if,
given the subject matter of it, if it justifies its continuation for defence
of the public interest.
Article 15-B
Debate Open Forum
1- All citizens have the right to comment on the petitions
presented and on the views and input on them expended, before the
final deliberation of the commission.
2- The petitions that are not liminally undue are immediately
placed on the Internet for the collection of opinions and any contributions, reach
to its specific object, by a deadline set by the parliamentary committee
competent.
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3- The views and contributions that do not have a minimum connection with the
object of the petition, or have an offensive, injurious or defamatory character, not
are accepted.
4- All contributions must have an immediate receipt, sent by equal
medium, which can be automatic.
5-N the final report, the parliamentary committee should make mention of the Forum
Open from Debate and pronounce about the contributions received.
Article 17-The
Hearing of the Petitionaries
1- The hearing of the petitioners, during the examination and instruction, is mandatory,
before the parliamentary committee, or delegation of this, whenever the petition is
subscribed by more than 1000 citizens.
2- The hearing may still be decided by the parliamentary committee, for reasons
of merit, duly substantiated, taking into account, in particular, the scope
of the interests in question, their social, economic or cultural importance and the
gravity of the situation the subject of the petition.
3- For the purpose of participation in the hearing the petitioners will constitute a
delegation not exceeding five elements.
4- The provisions of the preceding paragraphs shall be without prejudice to the diligence that the rapporteur
understand to do to obtain clarification and preparation of the report,
including with the petitioners.
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Article 21-The
Result Control
1- On the initiative of the petitioners or any deputy, the committee
parliamentarian, at all time, can deliberate to ascertain the state of evolution or
the results of the providences triggered by virtue of the appreciation of the
petition.
2- The report that on the case is approved, will be able to determine new
representations and will, in any case, be made known to the petitioner and
released on the Internet.
Assembly of the Republic, July 6, 2007-Deputies of the PS: