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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

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.

2

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)

3

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.

4

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.

5

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 .

6

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.

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

16

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

17

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

18

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

19

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

20

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

21

Dep. N. Inscribed

Palace of S. Bento, ___________ from _____________________ of 200 __ __ _ _

Deputy (a) s: