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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 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)]

4

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