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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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624451354d4331594c6d527659773d3d&fich=pjl490-X.doc&Inline=false

1 DRAFT law No. 490/X 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 the EXPLANATORY MEMORANDUM to the law No. 23/96, of July 26, which creates the legal system some mechanisms to protect the wearer from essential public services , commonly referred to as "Law of the essential public Services", is an instrument designed to ensure the protection of the wearer of a minimum set of services considered essential to the quality of life in contemporary society, in the face of a liberalized services market.

The law No. 12/2008, of 26 February, approved the first amendment to this law, updating it, so as to ensure the maintenance of the level of protection for users created with the 1996 law.

It turns out however that the express reference to "action" in paragraph 4 of article 10 of the law, as well as the reference to "legal action" referred to in your article 13, may contribute to a decrease in the order for payment procedure, and the creditors pass the appeal directly to the declarative action for enforcing payment of debt, avoiding any risk arising from the improper use of the medium for your recovery and increasing exponentially the number of entries of these actions , with the consequent increase of procedural disputes and the reaction time of the judicial courts. In this sense, the inclusion of the figure of the order on the cast of procedures for the recovery of claims available to the creditors, thus moving away from any interpretative doubts that exclude recourse to such a procedure.

Similarly, there is an urgent need to make more correct the reference to the out-of-court dispute mechanisms, which may include, in addition, the current justices of the peace and the "future" of arbitration centers with jurisdiction over executive action.

Thus, in accordance with the rules applicable and constitutional, come the undersigned Members submit the following draft law: article 1 2 (Amendment to law No. 23/96, of July 26, which creates the legal system some mechanisms to protect the wearer from essential public services) articles 10 and 13 of law No. 23/96, of July 26 establishing the legal system some mechanisms to protect the wearer from essential public services are replaced by the following: article 10 [...] 1-(...). 2 – (…). 3 – (…). 4-the deadline for the filing of the action or of the order by the service provider is six months, counted after the provision of the service or the payment, as the case may be.

Article 13 [...]

When the parties, in the event of a dispute arising out of the provision of an essential public service, choose to resort to extrajudicial conflict resolution mechanisms, suspended in your course the deadline for the filing of the lawsuit or injunction.

Article 2 (entry into force) this Act shall take effect with the entry into force of law No. 12/2008, of 26 February.

São Bento Palace, __ March 2008 3 members