Key Benefits:
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Draft Law No. 93 /XI/1.
Amendment to the General Regime of Local Authorities Rates,
Law No. 53-E/2006 of December 29
Exhibition of reasons
The General Regime of Local Authorities ' Fees, Law No. 53-E/2006, 29 of
December, came into force on January 1, 2007.
However, Article 17 of the cited legal regime provided for the revocation of the
fees, covered by this law, existing to January 1, 2009-except if
the regulations of the respective authorities were approved or amended
on the terms in Law itself 53-E/2006.
Article 53 of the Law No. 64-A/2008 of December 31-Budget Law of the
State for 2009, extended by one 1 year the deadline of the entry into force of the already
referred to Article 17º of the Law No. 53-E/2006-passing the vigour from 1 of
January 2010.
The weighting on the date of entry into force of the said Article 17 of the
General Regime of Local Authorities Rates cannot fail to be
linked to two key factors that occurred in the year 2009.
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In the first place, many municipalities and freguesias have felt difficulties in the
adaptation to this diploma, particularly in the clearance of costs
concrete from the rates in the headquarters of analytical accounting. Without this clearance
of concrete costs and without the adaptation to the methods of accounting
analytics, it is not possible to guarantee respect for the principle of equivalence
legal of fees.
On the other hand, the year 2009 proceeded in a climate dominated by the acts
election in the country.
Add to that the 2009 municipal elections determined changes in 52
municipalities of the country, so the activity of municipal executives was
significantly marked by the electoral and pre-election periods.
The National Association of Portuguese Municipalities (ANMP) and the Association
National of Freguesias (ANAFRE), have publicly revealed concerns
founded on this matter. Listening to the current context of the authorities
locals, we judge imperious to amend Article 17 of the General Regime of the Rates of the
Local Authorities, Law No. 53-E/2006 of December 29.
Thus, appropriate legislative initiatives must be adopted to correspond
to the difficulties experienced by the new municipal executives who recently
have entered into roles and by all the remaining executives who have previously already
unveiled attentive technical difficulties adapting to the methodology
accounting required.
This legislative initiative also guarantees the application of this amendment
already from the January 1, 2010.
In these terms,
Under the applicable regimental and constitutional provisions, the
Lower-signed Members of the Socialist Party Parliamentary Group
present the following Draft Law:
Single Article
Article 17º of the Act No 53-E/2006 of December 29 shall be amended.
to be replaced by the following:
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" Article 17.
Transitional arrangements
The fees for currently existing local authorities are repealed in the
day April 30, 2010, save if, until this date:
a) The current regulations are in accordance with the legal regime here
willing;
b) The current regulations are amended in accordance with the scheme
legal here envisaged. "
Palace of Saint Benedict, December 4, 2009.
The Deputies,