Key Benefits:
DRAFT RESOLUTION NO. 319 /X
BEST PRACTICE GUIDE ON REQUIREMENTS AND QUESTIONS FROM THE
DEPUTIES
The Resolution of the Assembly of the Republic No 40/2007, published in the Journal of the
Republic, No. 159, 1ª Series, of August 20, 2007, approved the group constitution
of work with pluripartisan composition for the elaboration of a Boat Guide
Practices on the requirements and questions, provided for in Article 156 of the Constitution.
Pursuant to the said Resolution the working group to be constituted would have as
objective to submit proposals for good practices with a view to improving the drafting of the
requirements and questions and the content of the answers, which link both to
Assembly of the Republic, as the recipients, specifically the Government.
The adoption of the Good Practice Guide should be recommended to the Government.
The working group was constituted and in the meetings it held, elenced a
set of questions concerning both the questions, and the requirements, and still,
as to the content of the responses, with a view to defining good practices for inclusion in the
Guide.
The working group has further examined the circulation of the applications, from the
questions and answers, as well as the information made available to citizens.
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The working group has drawn up a Guide to Good Practices.
Thus, I listened to the Leaders ' Conference, I present to the Assembly of the Republic,
in the regimental terms, the following draft resolution:
1. It is approved the Good Practice Guide on Requeriments and Questions of the
Deputies, in annex.
2. The Guide shall enter into force until the end of this legislative session, by title
experimental.
3. The Working Group proceeds to the reformulation of this Guide, at the beginning of the
next legislative session, if this proves necessary in the course of the period
experimental.
4. In case it is reformulated, the Guide should be subject to new approval.
5. The Guide is sent to the Government with a recommendation of its adoption.
Palace of Saint Benedict, April 23, 2008.
THE PRESIDENT OF THE ASSEMBLY OF THE REPUBLIC,
(Jaime Gama)
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ANNEX
1. Introduction
On August 20, 2007, the Resolution of the Assembly of the Republic No 40/2007 was published,
which constitutes Working Group, with pluripartisan composition, for the drafting of a Guide
of Good Practices on the requirements and questions.
Under the terms of the Resolution, the Working Group aims to submit proposals with
seen to improve the elaboration of the questions and requirements and the content of the answers and should
still present draft best practice guide 1, with the aim of being appreciated and adopted
by the Assembly of the Republic. More determined the Resolution that should be recommended to
adoption of the Guide for Good Practice to the Government.
On December 14, 2007, the Bureau approved the Deliberation No 2/X carrying out the analysis of
issues relating to the regimental precepts concerning the questions and requirements,
by establishing the distinction between these instruments and fixing the interpretation as to the deadlines
applicable. At the Leaders ' Conference of January 16 of the current year, the President of the
Assembly has given notice of its Despacho n. 177 /X, with the composition of the Group of
Work for the drafting of the Guide:
Jose Junker (PS),
Matos Correia (PSD),
Abel Baptista (CDS-PP),
Augustine Lopes (PCP),
Ana Drago (BE) and
Wood Lopes (PEV).
According to the said Despacho, the Group should complete the work by March 31 of
2008. The Working Group at the meetings it has held, has elated a set of issues
concerning the questions / requirements, and the content of the answers, with a view to defining
best practices for inclusion in the Guide.
The Working Group further examined the circulation of the applications / questions and the answers,
as well as the information that is made available to citizens. The Working Group suggests that the
Guide, if adopted, between in force experimentally until the end of this legislative session,
being reformulated, if it is the case, at the beginning of the next legislative session. It suggests still your
sending to the Government with a recommendation of its adoption. The Working Group will be
available to analyse and welcome suggestions that during the trial period are
transmitted.
The Coordinator
1 | In the terms of the Resolution, the Working Group should submit its proposal by the end of 2007.
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2. Deliberation n. 2/X (3 th) of the Bureau of the Assembly of the Republic on the application
of Articles 229 and 230 of the Rules with respect to the questions and
requirements
To the shelter and the effects of the provisions of Article 266 of the Rules of the Assembly of the
Republic, the Bureau has carried out the analysis of issues relating to the regimental precepts
relating to the questions and requirements, set out in Articles 229 and 230, and deliberated:
The questions are watchdog instruments and acts of political control and they can only
be made to the Government and to the Public Administration, and may not be directed to the
regional and local administration;
The applications are intended to obtain information, elements and official publications that
are useful for the exercise of the mandate of the Deputy and can be addressed to any
public entity;
The deadline for answer to questions and requirements is 30 days, save in the present
legislative session in which it is 60 days;
The failure to meet the deadlines referred to in the previous point implies inclusion in
listing published in the Journal of the Assembly of the Republic and on the portal of the Assembly of the
Republic on the internet;
The remittance crafts of the questions and requirements to the addressable entities must
indicate the applicable time frame for the submission of reply.
Approved on December 14, 2007.
The President of the Assembly of the Republic, Jaime Gama.
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3. Questions
The Constitution of the Portuguese Republic devotes it since 1976, among the powers of the Deputies,
o of asking questions. The current wording of this precept (Article 156º (d)) determines that
constitute powers of the Deputies:
d) Ask questions to the Government about any acts of this or the Administration
Public and obtain reply within reasonable time, unless the provisions of the law in respect of
secret of state;
Questions may be directed to the Government and focus on acts of this or the Administration
Public and may include a preamble or set of recitals to precede the question
proper dictate and documents or images in attachment.
The questions regarding acts of direct administration of the State, indirect or business
public are directed to the member of the Government who, respectively, directs, superintende or
exercises the tutelage.
a) The questions may be directed to the Government and focus on acts of this or the
Public Administration ;
ex: (...)
Thus, and under the applicable constitutional and regimental provisions, it is called for
to the Government that, through the Minister of Labour and Social Solidarity,
the following information is provided:
What you have done or will you be doing the Labour Inspectorate in the face of the redundancies of fence
of half a hundred workers from the Maconde occurred last Thursday?
b) The recipient of the question (s) should be clearly stated ;
ex. (...)
Thus, and under the applicable legal and regimental provisions, I have been applying for
through V. Exa., to the Minister of Education, for me to be given the following
information:
...
c) Each question can include several questions to the same entity but the same
question addressed to two or more entities should be formulated in a way
autonomous .
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4. Redements
The Constitution of the Portuguese Republic devotes it since 1976, among the powers of the Deputies,
o of making applications. The current wording of this precept (Article 156º (e)) determines that
constitute powers of the Deputies:
e) Require and obtain from the Government or the organs of any public entity the elements,
information and official publications that you consider useful for the exercise of your
mandate;
The applications may be directed to the Government or to the organs of any public entity and
may include a preamble or set of recitals to precede the application
proper document and documents or images in annex. The requirements for the
direct administration of the State, indirect or public undertakings are directed to the member of the
Government which, respectively, directs, superintende or exercises guardian. The requirements
intended for the independent entities are directed to them directly.
a) An application aims to obtain useful elements, information and official publications
for the exercise of the mandate, and should not be done in the form of a question ;
ex. (...)
Thus I would reorder the sending of the following elements:
Registration by Municipalities referring to the years 2006 and 2007 of the results obtained in the
analyses to the quality of water that comes out of the taps used for human consumption.
Informative elements that allow to assess the degree of compliance with the standards of
constant quality of the legislation.
b) The recipient of the application must be clearly stated ;
ex. (...)
Thus, and under the applicable legal and regimental provisions, I have been applying for the
Government, through the Ministry of Economy and Innovation, the said dispatch and the
corresponding methodology.
c) Each application may include several requests for elements, information or
publications if addressed to the same entity. Requirements made to entities
distinct should be autonomized in as many applications as the entities
addresships.
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5. Responses
The answers to questions and requirements should be given with the urgency that the issue
justify, failing to meet the response exceeds 30 days 2,
counted from the date of receipt in the
Office of the Minister of Parliamentary Affairs. Whenever it is not possible to provide the
response within this period, that fact shall be communicated in writing to the President of the Assembly,
presenting the respective statement of reasons also in writing.
Case the answer:
a) be too voluminous or cannot be sent should be together by your Author
an index and synthesis of it;
b) be classified should be sent directly to the Deputy who has requested it to give
referral to the services of its reception;
c) be impossible to provide within the prescribed time must be requested in a reasoned manner
the extension of the deadline.
In the situations where the recipient of the question / application is incompetent in the function of the
matter to be returned to the Assembly of the Republic, within 5 working days, with indication of the
competent entity, new question / application being asked if the Deputy so understands.
Where the author's author of the question or application understands that the answer is not the
suitable must present new question or application.
6. Procedures
The requirements and questions that do not comply with the principles set out are returned by the
Mesa, to its authors, for improvement.
Services note as answered whenever it is received from the addressee entity
with reference to the question or application, except if it is a request for an extension of
duly reasoned deadline.
The services should dive the simplification of the internal tramway of the
questions / requirements, specifically through the creation of own form and,
futhermore, exclusively electronic circulation upon digital signature of the Deputies.
2 | Saved in the present legislative session that is 60 days.
A S S E M B L And I A D A R E P U B L I C A
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APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
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Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s:
A S S E M B L And I A D A R E P U B L I C A
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APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
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Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s:
A S S E M B L And I A D A R E P U B L I C A
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APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
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Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s:
A S S E M B L And I A D A R E P U B L I C A
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APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
15
Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s:
A S S E M B L And I A D A R E P U B L I C A
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APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
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Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s:
A S S E M B L And I A D A R E P U B L I C A
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APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
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Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s:
A S S E M B L And I A D A R E P U B L I C A
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Dep. N. Inscribed
APPLICATION Number _________/ x (___st)
QUESTION Number _________/ x (___st)
Subject:
Recipient:
Exm. Mr. President of the Assembly of the Republic
Exask yourself
Publish yourself
/ /200 __ _
The Secretary of the Bureau
A S S E M B L And I A D A R E P U B L I C A
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Dep. N. Inscribed
Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _
Deputy (a) s: