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Third Amendment To Law No. 43/90, Of 10 August (Exercising The Right Of Petition), As Amended By Law No 6/93, Of 1 March And 15/2003 Of 4 June

Original Language Title: Terceira alteração à Lei n.º 43/90, de 10 de Agosto (exercício do direito de petição), alterada pelas Leis n.os 6/93, de 1 de Março, e 15/2003, de 4 de Junho

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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: