First Amendment, By Parliamentary Appreciation, Of Decree-Law No. 34/2008, Of 26 February, That "the Use Of Legislative Authorization Granted By Law No 26/2007, Of July 23, Approves The Regulation Of Costs, By Revocation Of The C
Original Language Title: Primeira alteração, por apreciação parlamentar, do Decreto-Lei n.º 34/2008, de 26 de Fevereiro, que "No uso da autorização legislativa concedida pela Lei n.º 26/2007, de 23 de Julho, aprova o Regulamento das Custas Processuais, procedendo à revogação do C
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Partido Popular Party CDS-PP Parliamentary Group Assembly of the Republic-Palace of Saint Benedict-1249-068 Lisboa-Phone: 21 391 9233-Fax: 21 391 7456 Email: email@example.com Parliamentary Assessment paragraph 72/X Decree-Law No. 34/2008, of 26 February, that "the use of legislative authorization granted by law No 26/2007, of July 23, approves the regulation of Costs by the repeal of court fees Code and amendments to the code of Civil procedure, the code of criminal procedure, the code of tax proceedings and processes, the commercial registry Code, the Civil registration code, Decree-Law No. 269/98, of 28 August, the law No. 115/99, of 3 August and Decree-Law No. 75/2000 s , May 9, 35 781, 5 August 1946, and 108/2006, of June 8 "1. The Decree-law whose parliamentary assessment is the reform of the scheme claim legal costs by approving the new regulation of Costs and revoking the current code of legal costs from the date of entry into force September 1, 2008.
2. the reform of the legal regime of legal costs is subordinate to the primary objective of simplification, and is part of the Government's plan to combat the complexity of processes and reduction of the volume of documents and the rigidity of the administrative practices.
3. According to the preamble of the diploma, the guidelines of this reform were the most fair and appropriate allocation of the costs of Justice, moralizing and streamlining of recourse to the courts, with the differential treatment of litigants, the adoption of lighter taxation criteria and objectives, the revaluation of the exemption system of expense, the simplification of the legal structure of system costs and unification of their regulations and reducing the number of executions by the expense.
4. Some of the measures adopted are of a few ellipses to signatories – which, moreover, had motivated the abstention of the representatives of the CDS-PP during the vote on the draft legislative authorization Act – in particular, with regard to the penalty, the judge of the case, procedural actors that use of means which are considered minimum; as to the attribution of responsibility for the burden of due diligence clearly unnecessary and dilatory nature; as for the inclusion, in the costs of the successful party to reimburse the unsuccessful party, of the fees and expenses of the representative of that; as for the ' incentives ' to the use of alternative dispute resolution structures, and also about other aspects that seem, the signatories, in need of correction for parliamentary consideration.
In these terms, and under article 162, point (c)) and in article 169, both of the Portuguese Constitution, and to article 199 of the rules of procedure of the Assembly of the Republic, the undersigned, Members of the parliamentary group of the CDS-Partido Popular, come for the Appreciation of the Parliamentary Decree-Law No. 34/2008, of 26 February, that "the use of legislative authorization granted by law n° 26/2007 , 23 July, approving the Regulation of Costs, by revocation of the court fees Code and amendments to the code of Civil procedure, the code of criminal procedure, the code of tax proceedings and processes, the commercial registry Code, the Civil registration code, Decree-Law No. 269/98, of 28 August, the law No. 115/99 , August 3, and the decree-laws Nos 75/2000, 9 may, 35 781, 5 August 1946, and 108/2006, of June 8.
Palácio de s. Bento, 26 March 2008. Members,
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