CHAIR OF THE COUNCIL OF MINISTERS

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Proposed Law No. 265 /X

Exhibition of Motives

The Military Discipline Regulation, approved by the Decree-Law No. 142/77 of April 9,

approaches the 30 years of the duration. During this period, several occurred

modifications to the level of competence in the general legislation of administrative litigation,

mainly from the reform that came into force in 2004.

As a result of the profound modifications introduced by the Code of Procedure in the

Administrative Courts, military discipline became subject to a procedural regime that

created difficulties in the articulation between the own values of the same, on the one hand, and the

tutelage of the rights, freedoms and guarantees of the military, on the other.

The Law No. 34/2007 of August 13 came to establish an appropriate articulation between the

specific disciplinary disciplinary actions of the Armed Forces-whose specificity, will contain

emphasize, it has constitutional seat-and the general rules of protection of citizens against

acts of the public administration.

Article 7 of Law No. 34/2007 of August 13 provides that the Government shall, at the time of

90 days from its publication, propose the legislative measures to provide for the

form of intervention by military judges and military advisors of the Public Prosecutor's Office

next to the administrative courts.

It is understood that, in the face of the real expression that processes of this type have in the activity

jurisdictional, whether they should make the considerations of simplicity and economics of means prevail.

Existing, ademals, rules already set in the purpose of the intervention of military judges and of

military advisors in the Military Code of Justice, passed by Law No. 100/2003, of 15 of

November, which mattered to also take into account.

CHAIR OF THE COUNCIL OF MINISTERS

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Given the matter in question, it is necessary to be consulted the Higher Council of the

Judgeship, the Superior Council of Administrative and Fiscal Courts, as well as the

Top Council of the Public Ministry.

Thus:

Under the provisions of Article 7 of Law No. 34/2007 of August 13, and pursuant to the

point ( d) of Article 197 (1) of the Constitution, the Government presents to the Assembly of the

Republic the following proposal for law:

Article 1.

Subject

The present law regulates the form of intervention by military judges and military advisors

of the Public Prosecutor's Office with the administrative courts, within the framework of the application of the Act

n. 34/2007, of August 13.

Article 2.

Appointment of military judges and military advisors of the Public Prosecutor's Office

1-The military judges appointed to the Courts of Relation, in the terms provided for in the

Law No. 101/2003 of November 15 is, by inherence, appointed to the Court

Central Administrative of the same circumscription.

2-A The structure of military advice to the Public Prosecutor's Office, created in the terms set out in the

Law No 101/2003 of November 15, exercises, by inherence, the functions

correspondents when it comes to proceedings covered by Law No. 34/2007, 13

of August.

3-For the exercise of functions in an inherency regime is not due to any remuneration

additional.

Article 3.

Intervention of military judges

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In the context of proceedings covered by Law No. 34/2007 of August 13, the section of

administrative litigation of each Administrative Central Court, is formed on the terms

provided for in Article 35 of the Statute of the Administrative and Fiscal Tribunals, approved by the

Law No. 13/2002 of February 19, being one of the adjoining judges military judge.

Article 4.

Intervention of military advisors

1-A The intervention of military advisors gives itself in the terms provided for in Law No. 101/2003,

with due adaptations.

2-Military advisors issue opinion prior, non-binding, in particular

concerning the following acts:

a) Application for a subpoena for the protection of rights freedom and guarantees;

b) Application for the adoption of cautionary measures;

c) Decision that put an end to the process.

3-The opinion referred to in the preceding paragraph shall be issued within 10 days of the

notification, promoted officiously by the secretary-office, of the presentation of the

requirements referred to in points a) and b) of the preceding paragraph or of the adoption of the

decision referred to in para. c) of the previous number, in the oral form, being

opportunely reduced to written for apensation to the autos.

Article 5.

Entry into force

This Law shall come into force within 30 days after it is published.

Seen and approved in Council of Ministers of April 16

The Prime Minister

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The Minister of the Presidency

The Minister of Parliamentary Affairs