First Amendment To The Organic Law No. 2/2003, Of 22 August (Law Of Political Parties)

Original Language Title: Primeira alteração à Lei Orgânica n.º 2/2003, de 22 de Agosto (Lei dos Partidos Políticos)

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DRAFT of law No. 449/X changes the ORGANIC LAW No. 2/2003, of 22 August (LAW of POLITICAL PARTIES) EXPLANATORY MEMORANDUM the organic law nº 2/2003, of 22 August, known as the Law of parties Pol ít icos, though, in the espír i to of your promot ores, could have gone t scope essential to ensure transparency and democracy party pol ít icos , just, however, by introducing certain type and number of requirements constraints of its existence that the real age came now to reveal desade Quadi and perhaps unconstitutional.

Find themselves in this situation, namely, the precepts which determine as causes of extinction of parties pol ít icos reducing number of f i l sides less than 5000 and not to tender any and General leições and for a period of six consecutive years, in at least one-third of the constituencies, or a fifth of the municipal assemblies in the case of elections for local authorities.

With regard to the requirement of minimum number of f i l sides as const ituição condition and existence of a party pol ít ico and the consequent administrative or judicial extinguishment by impossibi l age to prove that legal requirement, even though the almost complete age of ídico-jur constitutional frameworks Member States of the European Union enshrines such a position constraint.

2 Considering that a law which governs the training and activ old pol parties ít icos, while structuring elements pol system ico ít Portuguese, could not oppose or neutral izar the constitutional principle of l iberdade of democratic parties pol ít icos as well as its important role in the formation of collective will, including the Organization of minority opinions and taking into account that still to admit r-if the undesirable maintenance of requirement of 5000 f i l sides, any system of verif icatio that requirement would undoubtedly always in shock with the constitutional norms relating to the right of the citizens about the disclosure of his f i l iação partisan and personal data protection should be for proper and consistent with the safeguarding of the principles of our democracy homes basi to change, at the points in question, of the organic law nº 2/2003, of 22 August.

How must also earn the wording correction already too reductive of the current regulations concerning the participation of parties in elections-article 18, paragraph 1, al ínea c), of the same law.

If not put in question the parties pol ít should central aspect icos business submit to the electorate the your program and proposals for governance, it cannot constitute intention of legis lator uti l izar such argument to el iminar ít pol parties smaller organisational icos by imposing minimum limits nominations to l elections.

So much more that ongoing changes are deep in electoral matters environmental legislation, both national and local authorities. 3 for all these reasons and, fundamentally, so that tomorrow the power pol ít ico is not again confronted, when apl icatio practice, legislative solutions regarding the inadequate environmental matrix of our society and democratic European societies developed, should the organic law nº 2/2003, of 22 August, be changed in the precepts and the following proposed terms.

Thus, in accordance with the rules applicable and constitutional, the undersigned Members of the PSD parliamentary group presents the following draft law: article 1 (Amendment to the organic law No. 2/2003, of 22 August) article 18 of Law No. 2/2003, of 22 August, is replaced by the following: "article 18 (...) 1-[...]) [...] b) nominations for a period of 6 consecutive years to any elections for the Assembly of the Republic, the European Parliament and local authorities; c) [previous al d)] d) [previous al e)] e) [previous al. f)] 4 2-[...] "

Article 2 (Standard set) is repealed the current subparagraph (b)) of paragraph 1 of article 18, article 19 and paragraph 2 of article 40 of Act No. 2/2003, of 22 August.

Article 3 (Republication) is republished and renumbered attached to organic law No. 2/2003, of 22 August.

Article 4 (entry into force) this Act shall enter into force on the day following that of its publication.

Palácio de s. Bento, January 21 2008, Pedro Quartin Graça Members Nuno da Câmara Pereira, Luís Carloto Marques Miguel Pignatelli Queiroz