First Amendment To The Military Service Law, Adopted By Law No. 174/99 Of 21 September

Original Language Title: Primeira Alteração à Lei do Serviço Militar, aprovada pela Lei n.º 174/99, de 21 de Setembro

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1 PROPOSAL of law No. 168/X explanatory memorandum to greater efficiency and reducing bureaucracy of the functioning of the services constitute fundamental objectives to be achieved in the field of modernization of public administration, being this one of the vectors of development of growth strategy contemplated in the program of the XVII constitutional Government. For its implementation, was implemented the Administrative and legislative simplification programme (SIMPLEX), in which, each year, are set new goals that the Government proposes to reach for greater facilitation of the citizens ' lives and greater efficiency of human and material resources to the service of the State. Within the SIMPLEX 2007, included measures aimed at the transparency of procedures, in order to simplify the State and increase confidence in government services, promoting the rationalization and efficiency of same, in the perspective of a policy of cost reduction and efficient implementation of the rights and legitimate interests of citizens. These measures include the establishment of a new model of military census, which respects the principle of "just ask the citizen to information that is strictly necessary or which is not yet in possession of any service of the State». The definition of this new model requires the amendment of the current process of military census, exonerating the citizen of the duty to perform an inventory, which happens to be only between bodies and services of the competent State, in accordance with the established in Regulation of the law of Military Service.

2 For the implementation of this measure, it is appropriate to amend the law on Military Service approved by law No. 174/99, of 21 September, because citizens will no longer be linked to the obligation to submit a census during the month of January in the year in which they complete 18 years of age. This change in procedures implies not only the exemption of citizens to submit to the Census Act, but also, and once the military census maintains the purpose of obtaining information to all citizens who reach each year, the age of the beginning of military duties, the treatment of that information and its update to the age on which those obligations end. Accordingly, in this Act change the standards that impose the obligations mentioned, giving the Ministry of national defense to preserve the relevant information associated with the process. This law, which gives a constant commitment implementation of legislative and administrative simplification programme 2007 Simplex (measure 148-Military Census), constitutes a reform with many benefits, especially because it will promote an increase of efficiency, dematerialization of processes and the reduction of operating costs. The necessary steps were promoted to hearing of the National Commission for Data Protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 .° amendment to law No. 174/99, of September 8 items 21° and 58° Military service law, adopted by law No. 174/99, of 21 September, shall be replaced by the following : 3 ' article 8 [...] 1-military census aims to get the information to all citizens who reach each year, the age of beginning military obligations. 2-for the purposes of the preceding paragraph, the Ministry of national defence gets the necessary information concerning citizens during the period in which they are subject to military duties provided for in this law, as well as other actions necessary for the military census, in terms to be laid down in the regulation of this law. 3-[Repealed]. Article 58 [...] 1-non-compliance with the obligation to attend a day of national defence provided for in article 11 and (b)) of article 57 of this law constitutes a misdemeanour punishable by a fine in an amount to be determined in the regulation of this law, without prejudice to the immediate subjection by the offender to the provisions of subparagraph (a)) of paragraph 5 of article 34 thereof. as well as to the restrictions to the exercise of public functions. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. 10 - […]. 4 11-[...]. 12 - […]. 13 - […]. 14 - […].» Article 2 Standard set Are deleted paragraph 3 of article 8, articles 9 and 10 and subparagraph (a)) of article 57 of the law on Military Service, approved by law No. 174/99 of 21 September. Seen and approved by the Council of Ministers of 31 October 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency