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DRAFT LAW NO. 449 /X
AMEND THE ORGANIC LAW No. 2/2003, OF August 22
(LAW OF POLITICAL PARTIES)
EXHIBITION OF REASONS
The Organic Law No. 2/2003 of August 22, known by the Law of the
Pol ít parties icos, if well that, in the spirr i to their promot ores,
could have t gone by essential scope ensure transparency and
the democratization of the pol ic parties icos, ended, however, by
introduce certain type and number of conditioner requirements of your
existence that the real age has now come to reveal qued desade and,
quietness, unconstitutional.
They are found in this situation, specifically, the precepts that
determine how causes of extinction of the pol it parties are to
reduction of number of f i l holidays at less than 5000 and the no
submission of applications in any and general lees and
over a period of six consecutive years, in at least one
third of the constituencies, or one-fifth of the assemblies
municipal, in the case of elections for local authorities .
On what concerns the requirement of minimum number of f i l holidays as
condition of const itution and existence of a pol it party ico e a
consequent administrative or judicial extinction by
impossible l age to substantiate this legal requirement, ascertains-
even though the almost total age of the Legal Ordinances-
constitutional states of the member states of the European Union no
devotes such a constraint.
2
Considering, for, that a regulatory law of formation and
Age of political parties in pol ic parties, while elements
structurants of the Portuguese pol it system, it could not contradt
or neutral to the constitutional principle of democratic l iberty
of constitution of pol it parties as well as of their relevant
role in the formation of the collective will, including the
organization of minority opinion currents, and having still
into consideration that, to admit it r-if the undesirable maintenance of the
requirement of the 5000 f i l holidays, any s isteme of verif ication
of that requirement would always enter inconcibly in shock
with the constitutional rules in respect of the right of reservation
of the citizens on the dissemination of their f i l iation party and of the
protection of personal data, must be in the correct and
consentantaneous with the safeguarding of the basi principles of our
democracy proceed to the amendment, at the points in question, of the Law
Organic No 2/2003, of August 22.
How it should also already merit correction to the wording
too reductive of the prevailing standard concerning participation
of the parties in the electoral acts-art. 18º, paragraph 1, al ínea c), of the
same legal diploma.
If it is well not to be put into question that the pol parties in the
must have as a central aspect of their activity to submit to the
electioneering your programme and proposals for governance, the right is
which cannot constitute intent of the legis lador uti l izar a such
argument for el iminar minor pol irate parties
organizative, through the imposition of l minimal imites of
applications to the electoral acts.
All the more so that lative legis changes are under way
deep in electoral matters, whether national or the
local authorities.
3
For all these reasons and, fundamentally, for tomorrow the
pol it power is not again confronted, at the time of its
apl icing practice, with unadjusted lative legis solutions
relatively to the democratic matrix of our society and the
more developed European societies, should the Organic Law
paragraph 2/2003 of August 22, be amended in the precepts and in the
terms that the following propose.
So, in the applicable constitutional and regimental terms, the Deputies
below signed from the PSD Parliamentary Group present the following
Draft Law:
Article 1.
(Amendment to the Organic Law No. 2/2003 of August 22)
Article 18 of the Organic Law No. 2/2003 of August 22 is to have the
following wording:
" Article 18.
(...)
1-[...]
a) [...]
b) Non-submission of applications for a period of 6 years
consecutive to any elections to the Assembly of the Republic,
European Parliament and local authorities;
c) [previous al. d)]
d) [previous al. e)]
e) [previous al. f)]
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2-[...] "
Article 2.
(Revabatory Standard)
The current subparagraph (b) of Article 18 (1), Article 19 and paragraph 2 of the Article shall be repealed.
Article 40 of the Organic Law No 2/2003 of August 22.
Article 3.
(Republication)
It is republished and renumbered in annex the Organic Law No. 2/2003, 22 of
August.
Article 4.
(Entry into force)
This Law shall come into force on the day following that of its publication.
Palace of S. Bento, January 21, 2008
The Deputies,
Pedro Quartin Grace Nuno of the Pereira Chamber
Louis Carloto Marques Miguel Pignatelli Queiroz