People's Party CDS-PP

Parliamentary Group

Assembly of the Republic-Palace of S. Bento-1249-068 Lisbon-Phone: 21391 9233-Fax: 21391 7456 Email: gp_pp@pp. parliamento.pt

Parliamentary Appraisal # 72 /X

Decree-Law No. 34/2008 of February 26, which " In the use of legislative authorization

granted by Law No. 26/2007 of July 23, approves the Regulation of Costs

Procedural, proceeding to the revocation of the Code of Judicial Costs and to amendments

to the Code of Civil Procedure, to the Code of Criminal Procedure, to the Code of

Procedure and of Tributal Process, to the Code of Commercial Registration, to the Code

of the Civil Register, to the Decree-Law No. 269/98 of August 28 to the Law No. 115/99 of 3

of August, and to the Decrees-Law 75/2000, of May 9, 35781, of August 5 of

1946, and 108/2006, of June 8 "

1. The Decree-Law whose parliamentary appreciation if it comes to apply for the reform of the scheme

legal of the court costs, approving the new Rules of Procedural Costs and

repealing the current Code of Judicial Costs as of the date of entry into force, 1 of

September 2008.

2. The reform of the legal regime of judicial costs is contingent on the primary purpose of the

simplification, and inserts itself into the Government's plan to combat the complexity of the processes and of

reduction in the volume of documents and the rigidity of administrative practices.

3. In accordance with the preamble of the diploma, the guidelines of this reform were the

fairer and more appropriate allocation of the costs of justice, the moralization and rationalization of the

recourse to the courts, with the differential treatment of mass litigants, the adoption of

clearer and objective taxation criteria, the re-evaluation of the cost-free system, the

simplification of the legal structure of the system of procedural expense and unification of the respective

regulation and the reduction of the number of executions per expense.

4. Some of the measures adopted raise some reticences to the signatory MPs-

which, incidi, they had already motivated the abstention of the representatives of the CDS-PP at the time of the

voting on the proposed legislative authorization bill-namely, as to the penalty,

by the judge of the proceedings, the procedural actors who use means that are

considered dilators; as to the imputation of liability for the burden arising

of manifestly unnecessary and dilatory representations; as to the inclusion, in the

costs of the winning part to be reimbursed by the winning party, the fees and expenses of the

mandated by that; as to the "incentives" to the recourse to alternative resolution structures

of disputes, and, still, as to other aspects that seem, to the signatories, lacked with

correction by the route of parliamentary appreciation.

In these terms, and under the provisions of Article 162º (c) and Article 169º, both of

Constitution of the Portuguese Republic, and of the provisions of Article 199º of the Rules of the

Assembly of the Republic, the undersigned Deputies, of the CDS Parliamentary Group-

People's Party, come to apply for Parliamentary Appreciation Of Decree-Law No. 34/2008, 26 of

February, which " In the use of the legislative authorization granted by Law No. 26/2007, 23 of

July, approves the Rules of Procedural Costs, proceeding to the repeal of the Code of

Judicial Costs and amendments to the Code of Civil Procedure, to the Code of Criminal Procedure, to the

Code of Procedure and Trial Procedure, to the Code of Commercial Registration, to the Code

of the Civil Register, to the Decree-Law No. 269/98 of August 28, to Law No. 115/99 of August 3,

and to the Decrees-Law 75/2000, of May 9, 35781, of August 5, 1946, and 108/2006, of

June 8 ".

Palace of S. Bento, March 26, 2008.

The Deputies,