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Draft Law No. 309 /XII/2

Third Amendment to Law No. 9/91 of April 9 (Statute of the Ombudsman), amended

by Laws No. 30/96 of August 14, and 52-A/2005, of October 10

Exhibition of reasons

The Ombudsman has addressed the Assembly of the Republic proposing " updates

punctual " to the Statute of the constant Ombudsman of Law No. 9/91, of April 9-

Recommendation No. 3/B/2012.

The Parliamentary Group of the Socialist Party monitors, broadly, the proposal

constant of the Recommendation of the Ombudsman, so it gives it to be acquired for

effects of the present Law Project, without prejudice to the deepening that the debate

parliamentarian, in generality and in the specialty, can provide.

However, there is one aspect in which the present Law Project innovates substantially in the face of

proposal of the Ombudsman. This occurs by proposing that the action of the ombudsman

extend to the companies and services of general economic interest, accompanying the

defence of citizens ' rights in the face of the new centrifugal developments of the

Administration out of its traditional borders.

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Thus, in the applicable constitutional and regimental terms, the Deputies undersigned,

of the PS Parliamentary Group, present the following bill:

Article 1.

Amendment to Law No. 9/91 of April 9

Articles 1, 2, 3, 10, 16, 20, 21, 23, 25, 27, 31, 31, 31, 31, 31, 31, 31, 31, 31, 31

34, 38 and 41 of Law No. 9/91, of April 9 (Statute of the Ombudsman), amended

by the Laws n. ºs 30/96, August 14, and 52-A/2005, of October 10, go on

next essay:

" Article 1.

(...)

1-(...).

2-The Ombudsman may also exercise functions of national institution

independent monitoring of the application of international treaties and conventions in

human rights matter, when for the purpose of it is designated.

3-The Ombudsman ensures cooperation with congenic institutions and in scope

of the European Union and international advocacy and promotion of rights,

freedoms and guarantees of citizens.

4-(Previous n. 2)

Article 2.

(...)

1-The actions of the Ombudsman exercise in the scope of the activity, namely:

a) of the services of the central, regional and local public administration;

b) of the Armed Forces;

c) of the public institutes;

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d) of public companies or majority-public capitals or dealerships of

public services or the exploitation of goods from the public domain;

e) of the independent administrative entities;

f) of the public associations, specifically of the professional orders;

g) of private entities that exercise public powers or who provide services of interest

general economic.

2-(...).

Article 3.

(...)

1-Citizens, natural or collective persons, may lodge complaints by actions or

omissions of the public powers to the ombudsman, who appreciates them without decision-making power,

addressing the relevant bodies the necessary recommendations to prevent and repair

injustices.

2-No complaints from any of the entities provided for in Article 2 (1) are admissible.

targeting any other entity in it referred to.

Article 4.

(...)

1-A The Ombudsman's activity can be carried out on his own initiative, in defence and

promotion of the rights, freedoms and guarantees of citizens, and legitimate interests of the

citizens, specifically the most vulnerable on the grounds of age, gender or

disability.

2-A The activity of the Ombudsman is independent of the gracious and contentious means

provided for in the Constitution and in the laws.

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Article 10.

(...)

1-(...).

2-The ombudsman has an office composed of a place of chief of staff,

by three seats of adjoining and by four secretarial seats.

3-(...).

4-(...).

Article 12.

(...)

(Previous No. 1).

Article 16.

(...)

1-(...).

2-The ombudsman can designate one of the providers-adjoining for, with autonomy

and specialises, exercise the tasks relating to the rights of the child.

3-The ombudsman can delegate to the providers-adjoining the powers referred to us

articles 21, 27, 28, 30 to 34, and 42, and designate the one who shall ensure the

operation of the services in the case of cessation or interruption of the term of office.

4-(Previous n. 3).

Article 17.

(...)

1-The Ombudsman is co-adjured in the performance of his duties by coordinators and

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advisors, who integrate the Provedory of Justice.

2-A The organization of the coating areas of the coordinators and advisors, as well as the

its articulation with the Cabinet and the Secretary-General, appears in regulation approved by the

Ombudsman and published in Journal of the Republic .

3-By regulation approved by the Ombudsman and published in Journal of the Republic

extensions of the Provedory of Justice in the Autonomous Regions of the Azores and

of Madeira or in administrative regions that come into being.

Article 20.

(...)

1-The Ombudsman competes:

(a) Directing recommendations to the competent bodies with a view to correcting illegal acts or

unfair of public powers or improvement of the organization and procedures

administrative of the respects services;

b) (...);

c) (...);

d) (...);

e) Intervir, in the terms of the applicable law, in the tutelage of collective or fuzzy interests,

when they are concerned with public entities, companies and services of interest

general economic, whatever their legal nature.

2-(...).

3-(...).

4-(...).

5-The recommendations to the Assembly of the Republic and the Legislative Assemblies of the regions

autonomous are published in the respected official newspapers.

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Article 21.

(...)

1-In the performance of his duties, the Ombudsman shall be empowered to:

a) Log in, with or without notice, inspection visits to the whole and any sector of the activity

of the central, regional and local administration, specifically public services and

civil and military prison establishments, companies and services of interest

general economic, whatever their legal nature, or to any

entities subject to their control, listening to the organs and agents and agents and

asking for the information, as well as the display of documents, that repute

convenient;

b) (...);

c) (...).

2-(...).

Article 23.

(...)

1-The Ombudsman sends annually to the Assembly of the Republic, until April 30, a

report of their activity, by anoting the initiatives taken, the complaints received, the

steps taken and the results obtained, which is published in the Journal of the Assembly of the

Republic .

2-A The activity of the Ombudsman referred to in Article 1 (2) of the Annex

autonomous to the report mentioned in the preceding paragraph and is remitted to the body

international to which I say respect.

3-(Previous n. 2).

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Article 25.

(...)

1-The complaints can be filed orally or in writing, by simple letter, fax,

electro mail or other means of communication, and must contain the identity, address and

other contacts of the complainant and, where possible, their signature, as well as the

identification of the target entity.

2-(...).

3-(...).

4-When complaints are not filed in proper terms, your

improvement, under penalty of undue injunction.

5-The complainant may request the secrecy of his / her identification.

Article 27.

(...)

1-(...).

2-Are undue inliminally the complaints:

a) Without any possibility of identification or contact of the target entity or

contact of the complainant;

b) Manifly presented in a bad faith or devoid of grounds;

c) That are not within the competence of the Ombudsman.

3-The opening decisions of the case, as well as of undue injunction, in the terms

of the points b) and c) of paragraph 1, shall be brought to the notice of the complainant by the medium

more speedy and effective.

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Article 29.

(...)

1-The organs and agents of the entities referred to in Article 2 have a duty to provide all

the clarifications and information requested from them by the ombudsman.

2-The entities referred to in the preceding paragraph shall render the Ombudsman all the

collaboration that by this is requested by them, specifically information, by effecting

inspections through the relevant departments and providing documents and processes for

examination, referring them to the Provider, if they are asked to do so.

3-The provisions of the preceding paragraphs shall be without prejudice to the legal restrictions relating to the

secret of justice nor the invocation of superior interest of the State, in cases duly

justified by the competent bodies, in matters relating to safety, defence or

to international relations.

4-(...).

5-The Ombudsman may determine the presence in the Office of the Ombudsman, or in another

any location that indicates and that the circumstances warrant, of any employee,

agent or representative of the entities referred to in paragraph 1, upon requisition to the entity

hierarchically competent, or of any holder of an organ subject to its control, the

an end to be provided for the cooperation due.

6-The unwarranted failure of the duty of cooperation provided for in paragraphs 1, 2, 4 and 5 of the

this article, on the part of those officials, agents or representatives, constitutes a crime

of disobedience, without prejudice to the disciplinary procedure that in the case of couber.

Article 30.

(...)

1-(...).

2-The mere duty of secrecy, which does not decorate from the Constitution or the law, of any citizens

or entities, cede to the duty of cooperation with the ombudsman within the framework of the

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competence of this.

3-(Previous n. 2).

4-(Previous n. 3).

5-(Previous n. 4).

Article 31º

(...)

Are warrants archiving the processes:

a) When the ombudsman concludes not to be of his / her competence;

b) (...);

c) (...).

Article 34.

(...)

Outside the cases provided for in Articles 30 and 32, the ombudsman must always listen to the

organs or agents put into question, allowing them to provide all clarifications

required before formulating any recommendations.

Article 38.

(...)

1-The recommendations of the Ombudsman are addressed to the competent body for

correct the illegal or unjust act or the irregular situation of the respected services.

2-(...).

3-(...).

4-If the recommendations are not met, and whenever the Provider does not get the

proper collaboration, can address the competent hierarchical superior or, being case

of that, to the respected minister of guardian.

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5-(...).

6-(...).

7-(...).

Article 41.

(...)

The Ombudsman's Office has a map of its own, in the terms of the respective organic law. "

Article 2.

Republication of the law

It is republished in annex to this Law, of which it is an integral part, the Act No. 9/91, 9 of

April (Statute of the Ombudsman), with the current essay.

Palace of S. Bento, October 19, 2012

The Members of the PS,

Isabel Oneto

Louis Pita Ameixa

Pedro Delgado Alves

Jorge Lacão