Good Practice Guide On Requests And Questions From Members

Original Language Title: Guia de boas práticas sobre requerimentos e perguntas dos Deputados

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DRAFT RESOLUTION nº 319/X GUIDE to GOOD PRACTICE on requests and QUESTIONS FROM MEMBERS of the resolution of the Assembly of the Republic n° 40/2007, published in the Diário da República, no. 159, 1st series, August 20, 2007 approved the establishment of the working group with multi-party composition for the preparation of a guide to good practice on the requests and questions provided for in article 156 of the Constitution.

Under this resolution, the Working Group would be to present proposals of good practice with a view to improving the preparation of requests and questions and the content of the responses, that vinculassem both the Assembly of the Republic, as recipients, including the Government.

The adoption of good practice guide should be recommended to the Government.

The Working Group was formed and meetings, presented a set of issues related to the questions, the requirements, and yet, as to the content of the replies, in order to define best practices for inclusion in the Guide.

The Working Group examined the movement of still requests, questions and answers, as well as the information provided to citizens.

2 the Working Group has produced a good practice guide.

So, after hearing the Leaders Conference, present to the Assembly of the Republic, in accordance with regulations, the following motion for a resolution: 1. Is approved the good practice guide on requests and Questions of Deputies. 2. The guide comes into force by the end of this legislative session, on an experimental basis. 3. The Working Group proceeds to the reformulation of this guide, at the beginning of the next legislative session, if necessary during the trial period. 4. If it is reworked, the guide must be subject to additional approval. 5. The guide is sent to the Government with a recommendation of your adoption.

São Bento Palace, 23 April 2008.

The PRESIDENT of the ASSEMBLY of the REPUBLIC, (Jaime Gama) 3 ANNEX 1. Introduction to August 20, 2007 was published the resolution of the Assembly of the Republic n° 40/2007, workgroup, with multi-party composition, for elaboration of a guide of good practices about the requirements and questions. Under the resolution, the Working Group aims to present proposals with a view to improving the preparation of questions and requests and the content of the answers and must still submit draft good practice guide 1, in order to be appreciated and adopted by the Assembly of the Republic. More determined resolution that should be recommended the adoption of the guide of good practice to the Government. On 14 December 2007, the Bureau approved the Resolution No. 2/X making the analysis of issues relating to provisions of regulations relating to questions and requirements, establishing a distinction between these instruments and fixing the interpretation as to the time limits applicable. At the Conference, leaders of 16 January this year, the President of the Assembly has given your knowledge of Decree No. 177/X, with the composition of the Working Group for the elaboration of the Guide:  José Junqueiro (PS),  Manchanda (PSD),  Abel Baptista (CDS-PP),  Agostinho Lopes (PCP),  Ana Drago (BE) and Wood  Lopes (ENP). According to this Order, the Group should complete the work until 31 March 2008. The working group meetings, presented a set of issues related to the questions/requests, whether the content of the replies, in order to define best practices for inclusion in the Guide. The Working Group examined the movement of still requests/questions and answers, as well as the information that is made available to the public. The Working Group suggests that the Guide, if adopted, to take effect experimentally until the end of this legislative session, being reworked, if applicable, at the beginning of the next legislative session. Suggests the your shipment to the Government with a recommendation of your adoption. The Working Group will be available to analyze and welcome the suggestions during the trial period are transmitted.

1 Coordinator |
Under the resolution, the Working Group should submit your proposal until the end of 2007.

4 2. Resolution No. 2/X (3rd) of the Bureau of the Assembly of the Republic on the implementation of articles 229 and 230 of the rules of procedure with respect to questions and requirements under and for the purposes of article 226 of the rules of procedure of the Assembly of the Republic, the Bureau has examined issues relating to provisions of regulations relating to questions and requirements, set out in articles 229 and 230 , and deliberate:  the questions are instruments of supervision and acts of political control and can only be made to the Government and Public Administration, and cannot be directed to the regional and local administration;  the requirements are intended to obtain information, elements and official publications that are useful for the exercise of the mandate of Mr and can be directed to any public body;  the deadline to reply to the questions and requests is 30 days, except in this legislative session in which is 60 days;  failure to observe the time limits referred to in the previous paragraph implies the inclusion in listing published in Journal of the Assembly of the Republic and on the website of the Assembly of the Republic on the internet;  the offices of consignment of the questions and requests to the addressees must indicate the applicable deadline for sending reply.

Adopted on 14 December 2007.

The President of the Assembly of the Republic, Jaime Gama.

5 3. Questions to the Portuguese Constitution enshrined since 1976, between the powers of Deputies, asking questions. The current wording of this provision (article 156 (d))) determines which are powers of Deputies: d) ask questions to the Government about any acts of this or of public administration and get a response in a reasonable period of time, except as provided in the law with regard to State secrets;

Questions can be directed to Government and focus on acts of the public administration and may include a preamble or recitals set to precede the question itself and documents or images. The questions relating to the direct administration of the State acts, indirect or public companies are directed to the Member of Government, respectively, directs, supervises or performs the tutelage.

the) questions can be directed to Government and focus on acts of this or of public administration;

ex: (...) Accordingly, and pursuant to the constitutional provisions and regulations applicable, the Government, through the Minister of labour and Social solidarity, are provided the following information: what you did or will be doing the work Inspection before the layoffs of about half a hundred employees of the Makonde occurred last Thursday?

(b)) the recipient of the question (s) should be clearly indicated;

ex. (...) So, and under the legal provisions and regulations applicable, come request through you, to the Minister of education, so that you are given the following information: ... c) Each question may include various issues to the same entity but the same question addressed to two or more entities must be formulated independently.

6 4. Requirements the Constitution of the Portuguese Republic enshrined since 1976, between the powers of the deputies, to requirements. The current wording of this provision (article 156 (e))) determines which are powers of Deputies: e) Request and obtain from the Government or any public body of the elements, information and publications as they may deem useful for the exercise of your mandate;

Applications can be sent to the Government or to any public body organs and may include a preamble or recitals set before the application itself and documents or images. Applications intended for direct administration of the State or public enterprises, indirect are addressed to the Member of the Government who, respectively, directs, supervises or performs the tutelage. The requirements for independent entities are addressed directly to them.

the application seeks to obtain), official publications and information elements useful for the exercise of the mandate, and should not be done in the form of a question;

ex. (...) So I send the following information: registration for Municipalities for the years 2006 and 2007 the results obtained in the analysis of the quality of the water coming out of taps used for human consumption. Information to assess the degree of compliance with the quality standards laid down in the legislation.

(b)) the recipient of the request should be clearly indicated; ex. (...) So, and under the legal provisions and regulations applicable, come apply to the Government, through the Ministry of economy and Innovation, this order and the corresponding methodology.

c) Each application can include multiple elements, information requests or if publications addressed to the same entity. Requests made to separate entities should be ring-fenced in as many applications as the recipient entities.

7 5. Answers the answers to questions and requests should be given with the urgency of the issue, the answer should not justify exceeding the 30 days

2, counting from the date of receipt at the Office of the Minister of Parliamentary Affairs. Where it is not possible to provide a reply within that period, that fact must be communicated in writing to the President of the Assembly, presenting the reasons therefor in writing.

If the answer: a) is too bulky or cannot be submitted should be together by your Author an index and summary of the same; (b)) to be sorted must be sent directly to the Member that requested that will give indication of your reception services; c) is impossible to provide within the time limit set must be applied for in order based the extension of the deadline.

In situations where the recipient of the question/request is incompetent in function of matter must return to Parliament, within 5 working days, with indication of the competent entity, being made new question/request if the Member so desires.

Whenever the author of Deputy inquiry or request is satisfied that the response is not appropriate shall submit new question or request.

6. procedures the requirements and questions that do not comply with the principles laid down by the Bureau are returned to their authors, for improvement.

Record services as answered whenever received receiving entity craft with reference to question or request, except where the request for an extension shall be duly reasoned.

The services must ensure the simplification of internal processing of questions/requests, notably through the creation of proper form and movement in future exclusively by electronic digital signature.


2 |
Saved in this legislative session is 60 days.

A S S E M B L E I D A R E P u B L I C A 8 APPLICATION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A 9 Palace of Saint Benedict , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s): S S E M B L E I D A R E P u B L I C A 10 APPLICATION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A 11 Saint Benedict Palace , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s): S S E M B L E I D A R E P u B L I C A 12 APPLICATION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A 13 Palace of Saint Benedict , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s): S S E M B L E I D A R E P u B L I C A 14 APPLICATION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A 15 Palace of Saint Benedict , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s): S S E M B L E I D A R E P u B L I C A CLAIM Number 16 _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A 17 Palace of Saint Benedict , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s): S S E M B L E I D A R E P u B L I C A 18 REQUEST Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A 19 Palace of Saint Benedict , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s): S S E M B L E I D A R E P u B L I C A N Entered Dept. 20 APPLICATION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) QUESTION Number _ _ _ _ _ _ _ _ _/x (_ _ _ th) subject: recipient: Exm. th President of the Assembly of the Republic Consigning themselves to be published//200 _ _ _ the Secretary of the Bureau S S E M B L E I D A R E P u B L I C A N Entered Dept. 21 Palace of S. Bento, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 200 _ _ _ _ _ Mr (s):