Measures To Fight Corruption

Original Language Title: Medidas de combate à corrupção

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c31684a4c33526c6548527663793977616e497a4f4331595353356b62324d3d&fich=pjr38-XI.doc&Inline=false

Group Group Parliament – Palace of Saint Benedict-1249-068 Lisboa-Phone:-Fax: 21 391 7456 21 391 9233 Email: gpcds@pp.parlamento.pt – http://cdsnoparlamento.pp.parlamento.pt MOTION for a RESOLUTION paragraph 38/XI anti-corruption MEASURES explanatory memorandum I corruption is a deformation of ethics and sense of duty, whose existence and causes date back to the creation of political and legally organized societies with powers defined, separate and independent, in States organized in decentralised bodies, legally and territorially, and defined duties and responsibilities.

The establishment of democratic regimes in the various European countries stressed the trend of strengthening the powers of the State, extending in various aspects of the daily life of citizens: health security, planning to infrastructure or the quality of life social protection.

Is this wide range of powers, duties and responsibilities of the State, exercised over the most diverse forms and legal coatings, which makes each time demanding, and urgent, the existence of mechanisms to ensure strict compliance with the law for the decider, the exemption of the public function and the strict respect for fundamental principles such as the equality of all citizens before the law ínsito, article 13 of the Portuguese Constitution as a fundamental right.

Thus becomes necessary to create a legal regime that ensures transparent forms of relationship with the various decentralized modes of Government (such as municipalities), the servants of the State and the citizens, a balance is not always easy to find. Perhaps for that reason, and not today, corruption has a corrosive effect 2 for the quality of democracy that cannot, and should not be taken lightly. Corruption – which is different from mere suspicion of your existence – spreading open societies, being often the part taken by all before the disclosure of innuendo, suspicion or evidence of corruption or cronyism, shaking public confidence in the whole system.

On the other hand, corruption deepens, even more, the existing inequalities in society, creating the belief (apparent but also real) that not all citizens are treated equally by the State. For all this, your fight is a duty of all who support the democratic constitutional State. In fact, the phenomena of corruption are various forms and are of the most disparate ways, with the common element in your essence exercise of public functions or ownership of public authorities.

Perhaps as a result, in recent times, the fight against corruption has been on the political agenda, and the country's media and been the subject of successive appeals from various political sectors (starting with the head of State), judicial bodies and civil society in General.

For the CDS-PP this fight is always and the violation of the duties of the Office by holders of sovereign bodies, mayors and officials have very serious effects on the entire system, with political and socio-economic implications for all public administration and society in General.

(II) in October 2006, the GRECO (Group of States against corruption)-an intergovernmental organization that promotes measures to fight 3 money laundering and financing of terrorism-released a report that concluded that Portugal has the necessary and sufficient legal mechanisms to combat the crime of money laundering and financing of terrorist activities, but fails on your application and implementation. According to the report, one of the shortcomings of our system is the lack of resources of the judicial police and the public prosecution service in the prevention and punishment of these crimes, concluding that ' (...) lack the structures, human resources and financial resources for the corresponding research '.

Particularly with regard to the judicial police, in addition to combat a deficit of about two hundred researchers on the current legal framework, it is necessary to strengthen the means of a Department that, having no operational authority, has relevantíssima importance in the process of criminal investigation: we refer to the Forensic lab, whose strengthening in human and material resources , it is absolutely necessary and in about four dozens of elements.

On the other hand, and report of the Transparency International for 2009 shows that Portugal has been worse in this ranking from year to year, the 26th position in 2007 for the 32nd in 2008 and dropped to 35th. This ranking measures the perceived levels of corruption in public administration based on surveys carried out by independent organizations 10. However, Portugal, ahead of countries like Italy or Greece, which must, on the one hand, refute visions "catastrophic" that sometimes we are presented, but above all be an additional factor to be able to search and further strengthen the measures to combat corruption.

Therefore, and in conclusion, the reasons for the failure of the fight against corruption, in our view, fall mainly on the lack of resources and the gaps in communication, coordination and cooperation between criminal police bodies and public agencies that resulted in the abandonment of ongoing investigations: of 1,521 investigations reported since 2002, 4 only 407 were finalized and given by closed and ever issued any order of forfeiture even, despite being compulsory in cases of corruption.

(III) these are the concerns of the CDS-PP in presenting this draft resolution which focus on two fundamental axes:  the strengthening of means, materials, financial and human;

 improve the legislative body in the sense of strengthening cooperation and information sharing between the various forces and security services;

In fact, given the allegations of systematic media failure awarded the prevention and investigation of crime of corruption, the CDS-PP has proposed strengthening the budget of the judicial police during the discussion of the State budgets for 2007, 2008 and 2009. It is, in our view, an important measure that has not lost to your news, for what it insists, now in the form of recommendation to the Government.

On the other hand, the clarification of competences to be with respect to the operation of the internal security system, recently created, whose effectiveness in coordinating the activities of the various forces and security services, by manifest lack of resources, has been insufficient.

Accordingly, and pursuant to article 156 of the Constitution of the Portuguese Republic, the Parliament recommends the Government: 5 1-to carry out reinforcement of material, human and financial resources of the judicial police, in particular by promoting the integral frame fill of researchers;

2 – in particular, that the strengthening of the researchers engaged in the implementation of skills within the Forensic Laboratory of the judicial police;

3 – to carry out, within the framework of the internal security system, in order to provide adequate skills in information-sharing and coordination between the various forces and security services;

Palácio de s. Bento, 7 December 2009.

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