Advanced Search

Fourth Amendment To Law No. 74/98, Of 11 November, On The Publication, The Identification And The Form Of Diplomas

Original Language Title: Quarta alteração à Lei n.º 74/98, de 11 de novembro, sobre a publicação, a identificação e o formulário dos diplomas

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Bill No. 619/XII/3. a

Fourth amendment to the Law on publication, identification and form

of diplomas, Law No 74/98, of 11 November

Exposition of reasons

Legislative simplification is one of the most important challenges facing the Assembly.

Republic currently face. From among the various normative instruments that can be

used, the Assembly of the Republic decides to create the figure of the consolidating law, through which

may verify a more appropriate and appropriate aggregation of legal rules relating to a

same object.

In this way, an act is formed which, as a manifestation of the legislative competence of the

Assembly of the Republic has an essentially organizational and non-innovative function. A

approval of consolidating laws responds to a need to make law more right,

accessible and understood by the universality of the users of the legal order.

Thus, under Article 156(b) of the Constitution of the Republic and

(b) of Article 4(1) of the Rules of Procedure of the Assembly of the Republic, the Members below

signed present the following bill:

Article 1

Addition to Law No 74/98, of 11 November

It is added to Law No 74/98 of 11 November, amended by Laws Nos 2/2005 of 24 January,

26/2006, of 30 June, and 42/2007, of 24 August, who republished it, Article 11a, with

the following writing:

Article 11a

Consolidating Laws

1- Consolidating laws meet a single legislative act

area of legal order regulated by different legislation.

2- Consolidating laws do not affect the material content of consolidated legislation, unless

where, in particular, there is a need:

a) Update and standardize normative language and legal concepts;

(b) Uniform identical tactical reality.

3-1998, point 1.3.2 Consolidating laws:

a) They may contain systematic organization and numbering distinct from legislation

consolidated;

(b) They maintain the revocational norms of consolidated laws and also indicate the

rules repealed by the effect of the consolidated law;

(c) They safeguard the regulations approved under consolidated legislation

repealed, except as otherwise stated.'

Article 2

Republic

It is republished in Annex, which is an integral part of this law, Law No 74/98, of 11 of

November, with the changes introduced by Laws Nos 2/2005, of January 24, 26/2006,

of 30 June, 42/2007, of 24 August, and by this law.

Article 3

Entry into force

This law shall enter into force on the day after its publication.

Palacio de São Bento, 30 April 2014

THE DEPUTS,

ANNEX

Republic of Law No 74/98 of 11 November

Article 1

Publication and registration of the distribution

1 - The legal effectiveness of the acts referred to in this law depends on its publication

in the Diary of the Republic.

2 - The date of the diploma is that of its publication, understanding as such the date of the day in

that the Diary of the Republic becomes available on the Internet site managed by the Press

National Mint, S. A.

3 - With respect to the preceding paragraph, the electronic edition of the Diary

Republic includes a record of the dates of its effective release on the site of

Internet referred to in the same number.

4 - Registration proves for all legal effects and covers the issues of the Diary

Republic since April 25, 1974.

5 - The electronic edition of the Diary of the Republic makes full faith and the publication of the acts

through it held valley for all legal effects, being used

mechanism which, where appropriate, marks the respective date and time of placement

public reading.

6 - Without prejudice to the preceding paragraph, the printed copies of the Diary

the Republic may be the subject of authentication of its conformity with the edition

electronic officer, in the applicable legal terms.

Article 2

Duration

1 - Legislative acts and other acts of generic content come into force on the day

in them fixed, and in no case can the beginning of the period be verified in itself

day of publication.

2 - In the absence of fixing the day, the diplomas referred to in the preceding paragraph shall enter into force

the fifth day after publication.

3 - (Repealed.)

4 - The period referred to in paragraph 2 shall be counted from the day before the date of its

on the website managed by the National Currency Press,

S.A.

Article 3

Publication in the Diário da República

1 - The Diary of the Republic comprises the 1st and 2nd series.

2 - They are published in the 1st series of the Diary of the Republic:

a) Constitutional laws;

(b) International conventions, their presidential decrees, the warnings of

deposit of a binding instrument, in particular those of ratification, and other

warnings concerning them;

(c) Organic laws, laws, decrees-laws and regional legislative decrees;

d) The decrees of the President of the Republic;

e) The resolutions of the Assembly of the Republic;

f) The decrees of the Representatives of the Republic of appointment and exoneration of the

Presidents and members of the Regional Governments of the Azores and Madeira;

g) The regiments of the Assembly of the Republic, the Council of State and the

Legislative assemblies of the Autonomous Regions;

h) The decisions and declarations of the Constitutional Court which the law must publish in

1st series of the Diary of the Republic;

(i) The decisions of the Court of Justice and the Court of Justice

Court of Auditors and the decisions of the Supreme Administrative Court to which the law

check general compulsory force;

j) The results of the referendums and elections for the President of the Republic,

Assembly of the Republic, the Legislative Assemblies of the Autonomous Regions and the

European Parliament, in accordance with its applicable legislation;

(1) The message of resignation of the President of the Republic;

m) The motions for rejection of the Government Programme, trust and censorship;

n) The opinions of the Council of State provided for in Article 145 (a) (e)

Constitution and those which the Council itself releases to publish;

o) The other decrees of the Government;

p) Resolutions of the Council of Ministers and the bodies containing provisions

generic;

q) Resolutions of the Legislative Assemblies of the Autonomous Regions and Decrees

regional regulations;

r) The decisions of other courts not mentioned in the preceding paragraphs to which the law

check general compulsory force;

s) Declarations concerning the waiver or loss of office of Members to

Assembly of the Republic and the Legislative Assemblies of the Autonomous Regions.

3 - Without prejudice to other acts subject to duty of official publication in the 2nd series, are

published in it:

a) The normative orders of the members of the Government;

(b) The results of the elections for local authorities' bodies;

(c) The budgets of the State services whose publication in the Diário da República is

required by law and statements on transfers of funds.

Article 4

Submission of texts for publication

The text of the diplomas is sent for publication in the Diário da República, after

compliance with constitutional or legal requirements through services

competent authorities from which to provide.

Article 5

Renewals

1 - The rectifications are admissible exclusively for correction of grammatical lapses,

orthographic, calculation or similar nature or correction of material errors

from differences between the original text and the text of any diploma

published in the 1st series of the Diary of the Republic and are made by declaration of

organ that approved the original text, published in the same series.

2 - The rectification declarations must be published up to 60 days after publication

of the text retifying.

3 - Non-compliance with the period provided for in the preceding paragraph determines the nullity of the

act of rectification.

4 - The rectification statements report the effects on the date of entry into force of the

rectified text.

Article 6

Changes and republishing

1 - The diplomas which alter others must indicate the number of order of the amendment

and, if there have been previous changes, identify those diplomas

which have made such changes, even if they fall on other standards.

2 - Whenever changes are made, regardless of their nature or

extension, to the Constitution, to the political and administrative statutes of the Regions

Autonomous, organic laws, basic laws, framework laws and law relating to publication,

identification and form of diplomas, the full republishing of diplomas

corresponding legislative diplomas, annexed to those amendments.

3 - The full republishing of the diplomas which they review shall also be carried out

in Annex, where:

a) There are more than three amendments to the legislative act in force, unless it is

changes to Codes;

(b) Changes covering more than 20 % of the legislative act

in force, watch your original version or the last republished version.

4 - The full republishing of diplomas must also be carried out in Annex, always

that:

a) If you register changes that substantially modify legislative thinking

of the laws in force;

(b) The legislator thus determines it, taking into account the nature of the act.

5 - The legislative amendments contained in the State Budget Law,

regardless of their nature or extent, they are not the object of republishing.

Article 7

Identification

1 - All acts are identified by a number and the date of their publication

in the Diary of the Republic.

2 - The normative acts must have a title that synthesizes its object.

3 - The diplomas of each of the Autonomous Regions have their own numbering and are

still identified by the letters A (Açores) and M (Madeira), to add to the indication of

year.

4 - The diplomas having the same generic designation must be identified

the indication of the issuing entity.

Article 8

Numbering and presentation

1 - There is separate numbering for each of the following categories of acts:

a) Constitutional laws;

(b) Organic Laws;

(c) Laws;

d) Decree-Laws;

e) Regional legislative decrees;

f) Decrees of the President of the Republic;

g) Resolutions of the Assembly of the Republic;

h) Resolutions of the Council of Ministers;

(i) Resolutions of the Assemblies Legislature of the Autonomous Regions;

j) Court decisions;

(1) Decrees;

m) Regulatory decrees;

n) Regional regulatory decrees;

o) Decrees of the Representatives of the Republic for the Autonomous Regions;

p) Ordinances;

(Repealed.)

r) Opinions;

s) Notices;

t) Statements.

2 - Court decisions have separate numbering for each of them.

3 - The acts referred to in paragraph 1 shall be edited in the 1st series of the Diário da República second

the ordering of the respective issuing entities.

4 - For the purposes of the previous number, the constitutional sequence of organs is followed,

in the case of the acts of the Government, the ordination resulting from its organic law.

Article 9

General provisions on the form of diplomas

1 - At the beginning of each diploma, the organ from which emanates and the provision of

Constitution or law under which it was approved and is published.

2 - Where in the procedure they have participated, advisory or deliberative,

by virtue of the Constitution or the law, other or other bodies other than the body

final approval, or has run a consultation with voters, is made

reference expressly to this fact.

3 - Constitutional laws and organic laws expressly declare their nature,

in the corresponding diploma formula.

4 - In the case of transposition of a Community directive, it must be stated

expressly the directive to transpose.

5 - Regulations shall expressly indicate the laws which are intended to regulate or

that define subjective and objective competence for its emission.

6 - After the text of each diploma, the date of its approval and other

complementary acts, constitutionally or legally required, and signature

in accordance with the Constitution or the law.

7 - Where this degree refers to competent ministers, you must understand

if those whose departments are covered by the matter,

interference in the execution of the act.

Article 10

Decrees of the President of the Republic

1 - The decrees of the President of the Republic shall comply with the following form:

'The President of the Republic decrees, in accordance with Article ... of the Constitution, the

following:

(The text is closed.)»

2 - As regards decrees of ratification of international treaties, the text is

composed as follows:

‘The ... (the identification of the treaty is established, with indication of the matter to which

respects the place and date of the signing and the number and date of the resolution of the Assembly

of the Republic which approved it for ratification.'

3 - By decrees of appointment and exoneration of the members of the Government,

It should be made an express mention of the Prime Minister's proposal.

4 - After the decree text, the signature of the President of the

Republic, with the mention of its date and the place where it was made, if it has not

was in Lisbon, as well as if it is covered by Article 140(1) of the

Constitution, the date of the referendum and the signing of the Prime Minister.

Article 11

Diplomas of the Assembly of the Republic

1 - The laws of the Assembly of the Republic obey the following form:

‘The Assembly of the Republic decrees, in accordance with Article 161(...) of the

Constitution, the following:

(The text is closed.)»

2 - As regards constitutional or organic law, it should be expressly mentioned

corresponding term, in the final part of the formula.

3 - After the text, the date of approval, the signature of the

President of the Assembly of the Republic, date of enactment, order

publication and signature of the President of the Republic, the date of the referendum and the

Prime Minister's signature.

4 - The resolutions of the Assembly of the Republic obey the following form:

'The Assembly of the Republic shall, in accordance with Article 161(...) and (5).

the following:

(The text is closed.)»

5 - The adoption of international treaties or agreements

text is composed as follows:

'Approving (for ratification, in the case of the treaties)

(i) the Commission, acting on a proposal from the Commission to the Council and the European Parliament, shall adopt a proposal for a Council Directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to the permissible soundproofing of motor vehicles and their trailers.

which respects the location and date of the signature, the content of the respective instrument

published in Annex.'

6 - After the text of the resolutions, the date of approval and the

the President of the Assembly of the Republic.

7 - A resolution of approval of an international agreement in form

simplified, the signature of the President of the Assembly of the Republic follows the

order of publication, the signature of the President of the Republic, with the mention of

their date, the date of the referendum and the signing of the Prime Minister.

Article 11-A

Consolidating Laws

1- Consolidating laws meet a single legislative act

area of legal order regulated by different legislation.

2- Consolidating laws do not affect the material content of consolidated legislation, unless

where, in particular, there is a need:

a) Update and standardize normative language and legal concepts;

(b) Uniform identical tactical reality.

3-1998, point 1.3.2 Consolidating laws:

a) They may contain systematic organization and numbering distinct from legislation

consolidated;

(b) They maintain the constant revocational norms of consolidated laws and indicate

the rules repealed by the effect of the consolidated law;

(c) They safeguard the regulations approved under consolidated legislation

revoked, unless otherwise stated.

Article 12

Legislative diplomas of the Government

1 - The decree-laws obey the following form:

a) Decree-Laws provided for in Article 198(1)(a) of the Constitution:

‘In accordance with Article 198(1)(a)(a) of the Constitution, the Government decrees

following:

(The text is closed.)»

(b) Decree-Laws provided for in Article 198(1)(b) of the Constitution:

'In the use of the legislative authorization granted by Article... of Law No .../..., of ... of ...,

and in accordance with Article 198(1)(b) of the Constitution, the Government decrees

following:

(The text is closed.)»

(c) Decree-Laws provided for in Article 198(1)(c) of the Constitution:

«In the development of the legal regime established by the Law (or Decree-Law)

... and in accordance with Article 198(1)(c) of the Constitution,

Government decrees the following:

(The text is closed.)»

d) Decree-Laws provided for in Article 198(2) of the Constitution:

‘In accordance with Article 198(2) of the Constitution, the Government decrees the

following:

(The text is closed.)»

2 - After the text, the date of approval in Council of

Ministers, the signing of the Prime Minister and the competent ministers, the date of

promulgation, the publication order and the signature of the President of the Republic, the date

of the referendum and the signing of the Prime Minister.

Article 13

Law proposals

1 - Government law proposals must contain an exposition of motives and

obey the following form:

'In accordance with Article 197(1)(d) of the Constitution, the Government

submits to the Assembly of the Republic the following bill (on request)

priority and urgency, if appropriate):

(The text is closed.)»

2 - After the text, the date of approval in the Council is followed in successively.

Ministers and the signing of the Prime Minister and the competent ministers.

Article 14

Other Government diplomas

1 - The other Government diplomas shall comply with the following form:

a) Regulatory decrees:

‘According to Article 199(c) of the Constitution and ... (identification is made)

of the legislative act to be regulated), the Government declares the following:

(The text is closed.)»

‘In accordance with Article 199(g) of the Constitution, the Government decrees

following:

(The text is closed.)»

(b) Decrees provided for in Article 197(1)(c) of the Constitution:

‘In accordance with Article 197(1)(c) of the Constitution, the Government approves

... (the identification of the international agreement in a simplified form, with

indication of the subject, the place and the date of signature, the content of the

their instrument published in the annex).'

(c) Decrees:

"In accordance with ... (the identification of the act and the respective norm which

lays down the requirement of decree) and Article 199(c) of the Constitution,

Government decrees the following:

(The text is closed.)»

"In accordance with ... (the identification of the act and the respective norm which

lays down the requirement of decree) and Article 199(g) of the Constitution,

Government decrees the following:

(The text is closed.)»

‘In accordance with Article 199(g) of the Constitution, the Government decrees

following:

(The text is closed.)»

d) Resolutions of the Council of Ministers:

'In accordance with Article 199(l) of the Constitution, the Council of Ministers

solves:

(The text is closed.)»

"In accordance with ... (the identification of the act and the respective norm which

lays down the resolution requirement) and Article 199(...) of the Constitution,

Council of Ministers:

(The text is closed.)»

e) Ordinances:

'Give the Government by ... (indicate the member or competent members), the following:

(The text is closed.)»

2 - After the text of the decrees mentioned in (a) of the preceding paragraph,

the date of approval in Council of Ministers, the signing of the

First Minister and competent ministers, the date of enactment, the order of

publication and signature of the President of the Republic, the date of the referendum and the

Prime Minister's signature.

3 - After the text of the decrees mentioned in paragraphs (b) and (c) of paragraph 1, follow,

the date of approval in Council of Ministers, the signing of the

First Minister and competent ministers, the signature of the President of the

Republic, with the mention of the respective date, the date of the referendum and the signature of

Prime Minister.

4 - After the text of the resolutions referred to in paragraph 1 (d) below,

successively, the date of approval in the Council of Ministers and the signing of the

Prime Minister.

5 - After the text of the diplomas mentioned in paragraph 1(e)(e), the signature follows

of the member or members of the Government who issue them, with the indication of their

date.

6 - Several members of the Government are to sign the diplomas awarded in the number

previous, the date you reclaim is that of the last signature.

Article 15

Decrees of appointment and exoneration of members of the Regional Governments

1 - The decrees for the appointment and exoneration of the Presidents of the Regional Governments

obey the following form:

‘According to Article 231(3) of the Constitution, I appoint (or exonerate):

(The text is closed.)

Signed in...

Post yourself.

The Representative of the Republic for the Autonomous Region ..., (signature).'

2 - The decrees of appointment and exoneration of the members of the Regional Governments

obey the following form:

‘According to Article 231(4) of the Constitution, I appoint (or exonerate)

proposal from the President of the Government Regional:

(The text is closed.)

Signed in...

Post yourself.

The Representative of the Republic for the Autonomous Region ..., (signature).'

Article 16

Diplomas from the self-government bodies of the Autonomous Regions

1 - At the beginning of each diploma of the Legislative Assemblies of the Autonomous Regions or

of the Regional Governments, in addition to the emanating organ and the provision

constitutional under which it is approved, the corresponding precept of the respective

Political-administrative status and, where appropriate, the legislative act to be regulated.

2 - Regional legislative decrees approved under an authorization

or developing general principles or bases for the regional area

legal regimes contained in laws that surround them must invoke

expressly their authorization laws or laws whose principles or bases

develop.

3 - Regional legislative decrees and regional regulatory decrees

competence of the Legislative Assemblies of the Autonomous Regions, after the text

the date of approval, the signature of its President, the

date of signature by the Representative of the Republic, the publication order and the

this signature.

4 - In the regional regulatory decrees of the competence of the Regional Governments,

after the text, the statement of approval by the Government follows:

Regional and its date, the signature of its President, the date of signature by

Representative of the Republic, order of publication and signature thereof.

Article 17

(Repealed.)

Article 18

Revocational standard

The following diplomas shall be repealed:

a) Law No. 6/83 of 29 July;

(b) Decree-Law No 337/87 of 21 October;

(c) Decree-Law No 113/88 of 8 April;

d) Decree-Law No 1/91 of 2 January.