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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427162444d354e4331594c6d527659773d3d&fich=pjl394-X.doc&Inline=false

1 DRAFT law No. 394/X THIRD amendment to law No. 43/90, of 10 August, AS AMENDED by law No. 6/93, of 1 March and no. 15/2003, of 4 June.

Explanatory memorandum the reform and modernization of the Parliament, where the Socialist Party has, supports programmatic bases of genetic legislative elections of 2005 under which if sustained strengthening of the Parliamentary Assembly "... using the processes of political participation offered by the new technologies, with a view to deepening the transparency and democratic accountability."

Erecting aim to better serve the finalist, the citizens and democracy the Ps parliamentary group has carved out a set of recommendations-guide among which figure to dignify the Assembly of the Republic's relations with initiatives that are addressed and make it more friendly relationship with voters and to citizenship.

The global character of the reform has determined that it does not concentrate only in matters strictly regimented, which justifies a range released a circle wider noun though directly connected with parliamentary activity.

It is, therefore, so that the right of petition is place and space in this reform and that, in consequence of the constitutional array of fundamental rights and obligations, as mark, maximally, articles 52 and 178 of the basic law, we propose to move to a frank review of the ordinary law of the petition.


2 in the case of matter with the high dignity of the rights, freedoms and guarantees of political participation and, in the context of coherent economy reform option translated in this Bill assumes and treat in cool pouring all the discipline of the right of petition, pouring of the rules of procedure of the Assembly of the Republic doubled standards and sometimes little consistent.

And more – the Headquarters of the law – what we propose is that the legislature move forward towards strengthening the rights of citizens, particularly when they question the Administration and the State, with dignity and strength that you have to do it through representatives elected by universal and direct suffrage-members.

Thus, under the constitutional provisions and regulations applicable, the Members of the parliamentary group of the Socialist Party petitions the following draft law: article 1(2) articles 4, 6, 8, 9, 12, 15, 15A, 16, 17, 18, 19, 20, 21, 22 of Act No. 43/90, of 10 August, as amended by law No. 6/93, of 1 March and by law No. 15/2003 , June 4, shall be replaced by the following: article 4 (...)

1-the right of petition, as an instrument of democratic political participation, belongs to Portuguese citizens, without prejudice of equal legal capacity to citizens of other States that recognize, to 3 Portuguese, in conditions of equality and reciprocity, in particular in the framework of the European Union and the community of Portuguese Language countries. 2-aliens and stateless persons staying or residing in Portugal shall enjoy always the right to petition for protection of their rights and legally protected interests. 3 – (…). 4 – (…).

Article 6 (...)

1-(current body). 2-the provisions of the preceding paragraph shall not affect, or check by sampling, of the authenticity of the signatures and identification of subscribers. 3-The petitioners must show sufficient identification elements to allow control of authenticity.

Article 8 examination and communication Duty 1-(...) 2-(.) 3-petitioners indicate a single address for the purpose of communications provided for in this Act.


4 4-When the right to petition is exercised collectively, communications and notifications made pursuant to paragraph 1, the following shall be considered as valid as to all petitioners.

Article 9 (...)

1 - (…). 2-the petition, representation, complaint, and the complaint must, however, be reduced to writing, including in Braille language, duly signed by the holders, or for others to your rogo, if those do not know or cannot sign. 3-the right of petition can be exercised by post or by telegraph, telex, fax, 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 does not affect the receipt of petition purpose of which is to question, in the abstract and without retroactive effect on the basis of the rules which were handed down judgments or administrative acts.


5 article 15 (...)

1-petitions to Parliament are addressed to the President of the Assembly of the Republic and appreciated by the competent committees on grounds of substance or by Commission especially established for this purpose, you can hear those and, when appropriate, appreciated also by the plenary. 2-(.) 3-Received the petition, the competent Parliamentary Committee, in a meeting, takes note of the subject matter of the same, shall act on your admission, based on the Admissibility elaborated by the parliamentary services, appoints the Deputy Rapporteur and enjoys, in particular: (a)) (...); b) If were observed the requirements of form referred to in article 9; c) entities who should be immediately requested information. 4-the petitioner is immediately notified of the order referred to in the preceding paragraph. 5-the President of the Assembly of the Republic, on its own initiative or at the request of any Committee can determine the junction of petitions in a single processing process, where there is identity of subject matter and expresses. 6-the competent Parliamentary Committee should assess and decide on Petitions within 60 days from the date of the meeting referred to in paragraph 3. 7 – (now number 5).


6 8-after the examination of the petition is approved the final report, which should be sent to the President of the Assembly of the Republic, containing the measures deemed appropriate in accordance with article 16. 9-the President of the Assembly of the Republic gives the string arrangements adopted and, at the same time, the Chairman of the Committee gives knowledge of the report to the petitioner and send fulfill the disclosure on the Internet pursuant to articles 13-a.

Article 15A (...)


1 - (…). 2-(.) 3-the system provides an elaborate model, simple fill, for sending and receiving petitions on the Internet. 4-any citizen who enjoys legitimacy in accordance with article 4, can become petitioner by adherence to a pending petition, within the time limit set in paragraph 2 the following article, by written communication to the competent Parliamentary Committee in which States accept the terms and the intention expressed in the petition, indicating sufficient identification elements, under the terms and for the purposes of article 6. 5 – membership account for all legal purposes and shall be communicated to the petitioner originating.

Article 16 (...)

1 – (…)


7 2-(deleted) article 17 (...)

1-the Committee for the examination and education, can hear petitioners, request statements from any citizens and request and obtain information and documents from other organs of sovereignty or of any public or private entities, without prejudice to the provisions of law on State secret, secret of Justice or professional secrecy, and may request the Public Administration the steps deemed necessary. 2 – the Committee may act hearing in hearing responsible for the service of the Administration endorsed the petition. 3-(...) 4-compliance with requested by the Committee, in accordance with this article, has priority over any other government services, and must be made within 20 days. 5 - (…)

Article 18 (...)

1-Completed the procedures laid down in article 17 of examination and instruction, the Committee can still perform a due diligence conciliatory, since this is duly justified. 2 - (…).




8 article 19 (...)

1-(...) 2-lack of unjustified by the petitioners appear can result in the filing of the Court of Justice, pursuant to paragraph 3 of article 14-not being applied as provided for in the preceding paragraph.

Article 20 (...)

1-petitions are enjoyed in the House where one of the following conditions: a) (...); b) is approved and your assent to the report in Plenary, duly taking into account, in particular, the scope of the interests involved, your social, economic or cultural importance and the seriousness of the subject of the petition. 2 - (…). 3 - (…). 4 - (…) 5 - (…). 6-on the basis of the petition, any member can also take an initiative, which, if required by presenter, is debated and voted on in accordance with the procedure referred to in the preceding paragraph. 7 - (…)


9 8 – whenever scheduled plenary debate which is identical to the pending petition, which fulfils the conditions laid down in paragraph one, will this also avocada. 9-(now number 8) article 21 (...)

1-Are published in full in the Diário da Assembleia da República petitions: a) signed by a minimum of 1000 citizens; b) that the President of the Assembly of the Republic send publish in accordance with the ruling of the Commission. 2-Are also published the reports on Petitions referred to in the preceding paragraph. 3 - (…).

Article 22 (...)

Within their respective constitutional powers, organs and authorities covered by this law shall draw up rules and other measures for the effective compliance with your.




10 article 2 shall be replaced by articles 14-A, 15B, 17-and 21-to the law No. 43/90, of 10 August, as amended by law No. 6/93, of 1 March and by law No. 15/2003, of June 4, with the following wording: article 14-Cancellation 1-the petitioner can at any time , give up the petition, upon written request presented before the entity that has received the petition or the one that is to be examined. 2-When are multiple petitioners all must sign the application. 3-the competent authority for the examination of the application decides whether to accept the request, declaring after the petition and proceed with your archiving or if, given the subject matter of the same, your continued defense of the public interest.

Article 15b open forum of Debate 1-all citizens have the right to rule on the petitions submitted and the views and contributions on they set out, before the final deliberation of the Commission. 2-petitions that are not flatly rejected are immediately placed on the Internet for collecting opinions and any contributions, linked to your specific subject, for a period defined by the competent Parliamentary Committee.


11 3 – the opinions and contributions that do not have the slightest connection with the subject of the petition, or offensive, libelous or defamatory nature, are not accepted. 4-all contributions must have an immediate receipt, submitted by the same means, which can be automatic. 5 – in the final report, the Committee should make mention of the open forum of Debate and comment on the contributions.

Article 17-the Hearing of Petitioners 1-hearing of petitioners, during the examination and instruction, is mandatory, before the Committee or delegation of this, where the petition is signed by more than 1000 citizens. 2 – the hearing may still be decided by the Committee, for reasons duly substantiated, merit, taking into account, in particular, the scope of the interests involved, your social, economic or cultural importance and the seriousness of the subject of the petition. 3-for the purposes of participation in the hearing the petitioners will be a delegation of not more than five elements. 4-the preceding paragraphs shall not prejudice the due diligence that the rapporteur understands do to obtain clarification and preparation of the report, including with the petitioners.




12 article 21a 1 Result control-on the initiative of the petitioners or any Member, the Committee, at any time, may act to ascertain the progress or the results of the action taken as a result of the examination of the petition. 2-the report on the case is approved, you will be able to determine new endeavors and will, in any case, made known to the petitioner and disseminated on the Internet.

Assembly of the Republic, July 6 2007 — members of PS: