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Second Amendment To Law No. 23/96, Of July 26, Which Creates The Legal System Some Mechanisms To Protect The Wearer From Essential Public Services

Original Language Title: Segunda alteração à Lei n.º 23/96, de 26 de Julho, que cria no ordenamento jurídico alguns mecanismos destinados a proteger o utente de serviços públicos essenciais

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DRAFT LAW NO. 490 /X

SECOND AMENDMENT TO LAW NO. 23/96, OF July 26,

WHICH CREATES IN THE LEGAL PLANNING SOME MECHANISMS INTENDED FOR

PROTECTING THE UTENT OF ESSENTIAL PUBLIC SERVICES

EXHIBITION OF REASONS

The Law No. 23/96 of July 26, which creates in the legal order some mechanisms intended

protecting the utent of essential public services, commonly designated by " Law of Services

Essential Audiences ", constitutes an instrument designed to ensure the protection of the utent of a

minimum set of services considered indispensable for the quality of life in the

current societies, in the face of a liberalized market of services.

Law No. 12/2008 of February 26 adopted the first amendment to this Act, updating it, of

mode to ensure the maintenance of the level of protection of users created with the Act of 1996.

It is apparent however that the reference expressed to the "action" set out in Article 10 (4) of the Law,

as well as the reference to the "legal action" provided for in your article 13, will be able to contribute to

a decrease in the recourse to the injunction procedure, and the creditors may turn to the appeal

directly to the declarative actions for coercive collection of debts, avoiding any risk

stemming from the inappropriate use of the medium for its collection and making it increase

exponentially the number of entries of these shares, with the consequent increase in

procedural pendency and the time of response of the court courts. In that sense, it imposes itself on

inclusion of the figure of the injunction in the casting of the credits collection procedures at the disposal

of creditors, thus sidelining any interpretative doubts that would exclude the recourse to such

procedure.

In the same way, urge to make the reference to resolution mechanisms more correct

extrajudicial of conflicts, which may cover, in addition to those of consumption, the current judgements

of peace and the "future" centres of arbitration with competence in the matter of executive action.

So, in the applicable constitutional and regimental terms, come the undersigned Deputies

submit the following Draft Law:

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Article 1.

(Amendment to Law No. 23/96 of July 26, which creates in the legal order some

mechanisms designed to protect the utent of essential public services)

Articles 10 and 13 of Law No 23/96 of July 26, which creates in the legal order some

mechanisms designed to protect the utent of essential public services are to have the

following wording:

Article 10.

[...]

1-(...).

2-(...).

3-(...).

4-The deadline for the purposeof the action or injunction by the service provider is six

months, counted after the provision of the service or the initial payment, depending on the cases.

Article 13.

[...]

Where the parties, in the event of a dispute resulting from the provision of an essential public service,

choose to resort to mechanisms of extrajudicial settlement of conflicts, suspend yourself in your

course of time for the interposition of the legal action or the injunction.

Article 2.

(Entry into force)

This Law shall take effect with the entry into force of Law No 12/2008 of February 26.

Palace of Saint Benedict, __ of March 2008

The Deputies,

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