Regulates The Form Of Involvement Of Military Judges And Military Advisors From The Public Ministry Administrative Courts, In The Scope Of The Law No. 34/2007 Of August 13

Original Language Title: Regula a forma de intervenção dos juízes militares e dos assessores militares do Ministério Público junto dos tribunais administrativos, no âmbito de aplicação da Lei n.º 34/2007, de 13 de Agosto

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449324e5331594c6d527659773d3d&fich=ppl265-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 265/X explanatory memorandum the Military Discipline regulations, approved by Decree-Law No. 142/77, of 9 April, the 30 years of validity. During this period, there were several modifications to the level of competence in general legislation of administrative litigation, especially from the reform that entered into force in 2004. As a result of the profound changes the code of proceedings in administrative courts, military discipline was subject to a procedural regime which created difficulties in the relationship between the eigenvalues of the same, on the one hand, and the protection of rights, freedoms and guarantees of the military, on the other. The law No. 34/2007 of August 13, came to establish a proper relationship between the disciplinary-specific regulatory of the armed forces – whose specificity, we should emphasise, has constitutional seat – and the General rules for the protection of citizens against acts of public administration. Article 7 of law No. 34/2007 of August 13, provides that the Government shall, within 90 days of the date of its publication, to propose legislative measures designed to predict the form of involvement of military judges and military advisors from the Public Ministry administrative courts. It is understood that, in the light of the actual expression that the processes of this type have on judicial activity, should enforce considerations of simplicity and economy of means.

There are, moreover, already laid down rules concerning the intervention of military judges and military advisors in the code of military justice, approved by Act No. 100/2003, of 15 November, that mattered also into account.

PRESIDENCY of the COUNCIL of MINISTERS 2 in view of the matter in question, it is necessary to be consulted the Supreme Judicial Council, the Board of Governors of the Administrative and tax Courts, as well as the Board of Governors of the Public Ministry. So: under article 7 of the law No. 34/2007 of August 13, and pursuant to d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter this law regulates the form of involvement of military judges and military advisors from the Public Ministry administrative courts within the framework of the implementation of law No. 34/2007 of August 13. Article 2 appointment of military judges and military advisors from the Public Ministry 1-military judges appointed to the courts of appeal, pursuant to the law No. 101/2003, of November 15, are, by extension, named for the Central Administrative Court in the same constituency. 2-the structure of military advice to the Prosecutor, created pursuant to the law No. 101/2003, of 15 November, exercises, by extension, the corresponding functions in the case of processes covered by law No. 34/2007 of August 13.

3-for the exercise of functions under extension is not due any additional remuneration. Article 3 intervention of military judges PRESIDENCY of the COUNCIL of MINISTERS 3 The proceedings covered by the law No. 34/2007 of August 13, the administrative litigation section of each Central Administrative Court, is formed in accordance with article 35 of the Statute of the Administrative and tax Courts, approved by Act No. 13/2002, of February 19 one of the Deputy military judge judges. Article 4 military advisors 1 intervention-military advisors intervention takes place pursuant to the law No. 101/2003 shall apply mutatis mutandis. 2-military advisors send prior opinion, non-binding, in particular for the following acts: a) request for subpoena for freedom rights and guarantees; b) requirement for adoption of precautionary measures; c) termination of proceedings. 3-the opinion referred to in the preceding paragraph shall be issued within 10 days of notification, promoted by the Secretary ex officio of the presentation of the requirements referred to in (a)) and (b)) of the preceding paragraph or the adoption of the decision referred to in point (c)) of the preceding paragraph, in the oral form, and in due course in writing for the court record.

Article 5 entry into force this law shall enter into force within 30 days after its publication.

Seen and approved by the Council of Ministers of April 16 the Prime Minister PRESIDENCY of the COUNCIL of MINISTERS Presidency Minister 4 the Minister of Parliamentary Affairs