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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

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Draft Law No. 619 /XII/3.

Fourth amendment to the Law on publication, identification and form

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

Exhibition of reasons

Legislative simplification is one of the most important challenges that the Assembly of

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

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

you can check a more apt and appropriate aggregation of legal standards relating to a

same object.

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

Assembly of the Republic, has an essentially organisational and non-innovative function. The

approval of consolidated laws responds to a need to make the Right more Right,

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

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

(b) of Rule 4 (1) of the Rules of the Assembly of the Republic, the Deputies below

signed present the following Law Project:

Article 1.

Addition to Law No. 74/98 of November 11

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

26/2006, of June 30, and 42/2007, of August 24, which republiced it, Article 11, with

the following essay:

" Article 11.

Consolidated laws

1- The consolidated laws meet in a single legislative act relating to a particular

area of legal planning regulated by diverging legislation.

2- The consolidated laws do not affect the material content of the consolidated legislation, save

when, inter alia, there is a need for:

a) Update and standardize normative language and legal concepts;

b) Uniformize identical phatic reality.

3-The consolidant laws:

a) They may contain systematic organization and distinct numbering of the legislation

consolidated;

b) Maintain the repeal standards set out in the consolidated laws and indicate still the

standards repealed by the effect of the consolidator law;

c) Safeguard the regulations passed under the consolidated legislation

revoked, unless expressly stated otherwise. "

Article 2.

Republication

It is republished in the annex, which forms an integral part of this Act, Law No. 74/98, 11 of

november, with the amendments introduced by the Leis n. ºs 2/2005, of January 24, 26/2006,

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

Article 3.

Entry into force

This Law shall come into force on the day following that of its publication.

Palace of Saint Benedict, April 30, 2014

THE DEPUTIES,

ANNEX

Republication of Law No. 74/98 of November 11

Article 1.

Publication and registration of distribution

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

in the Journal of the Republic.

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

that the Journal of the Republic becomes available on the website managed by the Press

National-House of the Currency, S. A.

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

Republic includes a record of the dates of its effective making available on the site of

Internet referred to in the same number.

4-The registration makes evidence for all legal effects and covers the editions of the Journal of the

Republic since April 25, 1974.

5-A electronical edition of the Journal of the Republic makes full faith and publication of the acts

through it realized is worth for all legal effects, owing to use

mechanism that signals, when appropriate, the respect date and time of placement in

public reading.

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

of the Republic may be the object of authentication of its compliance with the edition

electro-legal officer, in the applicable legal terms.

Article 2.

Effective

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

in them fixed, in no case may the beginning of the duration check in the

day of publication.

2-In the lack of fixation of the day, the diplomas referred to in the preceding paragraph enter into

vigour, on the entire national territory and abroad, on the fifth day after publication.

3-(Revoked.)

4-The time limit referred to in paragraph 2, is from the immediate day to that of its

provision on the website managed by the National Press-Currency Home Press,

S.A.

Article 3.

Publication in the Journal of the Republic

1-The Journal of the Republic comprises the 1 th and the 2 th series.

2-Are the subject of publication in the 1 th series of the Journal of the Republic:

a) The constitutional laws;

b) The international conventions, the respectable presidential decrees, the notices of

deposit of instrument of binding, specifically those of ratification, and too much

notices to them relating;

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

Chairpersons 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 statements of the Constitutional Court that the law will send in the

1 th series of the Journal of the Republic;

i) The jurisprudence decisions of the case law of the Supreme Court of Justice and the

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

check out general mandatory force;

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

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

European Parliament, in the terms of the applicable law applicable;

l) The message of resignation of the President of the Republic;

m) the motions of rejection of the Government Programme, of confidence and of censorship;

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

Constitution and those that the delibere Council itself to make publish;

o) The remaining decrees of the Government;

p) The resolutions of the Council of Ministers and the portaries containing provisions

generics;

q) The resolutions of the Legislative Assemblies of the Autonomous Regions and the decrees

regional regulations;

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

check out general mandatory force;

s) The declarations relating to the resignation or loss of mandate of Members to the

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

3-Without prejudice to the remaining acts subject to duty of official publication in the 2 th grade, they are

in it published:

a) the normative dispatches of the members of the Government;

b) The results of the elections for the organs of local authorities;

c) The budgets of the State services whose publication in the Journal of the Republic is

required by law and statements on transfers of appropriations.

Article 4.

Sending of the texts for publication

The text of the diplomas is sent for publication in the Journal of the Republic, after

met the constitutional or legal requirements, through the services

competent of the organs donde provenha.

Article 5.

Rectifications

1-Rectifications are admissible exclusively for correcting grammatical lapses,

orthographic, calculation or analogous nature or for correction of material errors

coming from disagreements between the original text and the text of any diploma

published in the 1 th series of the Journal of the Republic and are made upon declaration of the

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

2-rectification statements are to be published up to 60 days after publication

of the text rectifying.

3-A failure to meet the deadline specified in the preceding paragraph determines the nullity of the

act of rectification.

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

rectified text.

Article 6.

Changes and republication

1-diplomas that change others must state the order number of the amendment

introduced and, should there have been any previous changes, identify those diplomas

that they have proceeded with these amendments, even though they focus on other standards.

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

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

Autonomous, the organic laws, the laws of bases, the framework laws and the law relating to the publication,

identification and form of diplomas, shall proceed to the full republication of the

corresponding pieces of legislation, annexed to the said amendments.

3-It must still proceed to the full republication of diplomas revising form

of law, in annex, whenever:

(a) there are more than three amendments to the legislative act in force, save if it is to

changes to Codes;

b) If it adds up to changes that cover more than 20% of the articulate of the legislative act

in force, attentive to its originated version or the last version of the republican.

4-It must also proceed to the full republication of diplomas, in annex, always

that:

a) If they register changes that substantially modify the legislative thinking

of the laws in force;

b) The legislator thus determines him, given the nature of the act.

5-The legislative changes set out in the State Budget Act,

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

Article 7.

Identification

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

in the Journal of the Republic.

2-Normative acts must have a title that translates synthetically to your object.

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

still identified by the letters A (Azores) and M (Madeira), to be added to the indication of the

year.

4-diplomas that have the same generic designation must be identified

by the indication of the issuing entity.

Article 8.

Numbering and presentation

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

a) Constitutional Laws;

b) Organic leys;

c) Laws;

d) Decrees-leisure;

e) Regional legislative decrets;

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 Legislative Assemblies of the Autonomous Regions;

j) Decisions of courts;

l) Decrees;

m) Regulatory Decrees;

n) Regional regulatory decrees;

(a) Decrees of the Representatives of the Republic for the Autonomous Regions;

p) Portaries;

q) (Repealed.)

r) Opinions;

s) Notices;

t) Declarations.

2-Courts decisions have distinct numbering for each of them.

3-The acts referred to in paragraph 1 are edited in the 1 th series of the Journal of the Republic second

the ordinance of the respective issuers ' respective entities.

4-For the purposes of the preceding paragraph, the constitutional sequence of organs is followed and,

in the case of the acts of the Government, the ordinance resulting from the respecting organic law.

Article 9.

General provisions on form of diplomas

1-At the beginning of each diploma indicate the organ donde emana and the disposition of the

Constitution or the law under which it has been approved and is published.

2-When in the procedure they have participated, in an advisory or deliberative title,

by virtue of the Constitution or the law, another or other organs beyond the organ of

final approval, or has passed a consultation with the citizen voters, does

express reference to such a fact.

3-The constitutional laws and the organic laws expressly state their nature,

in the formula of the corresponding diploma.

4-Dealing with diploma in community directive transposition, must be indicated

expressly the directive to transpose.

5-Regulations must expressly state the laws they aim to regulate or

that define the subjective and objective competence for its issuance.

6-After the text of each diploma, they should appear on the date of their approval and of others

complimentary, constitutional or legally required acts, as well as the signing

of the competent entities, under the Constitution or the law.

7-Where the present diploma refers to competent ministers, it shall understand-

if they are covered in those whose departments have, on the grounds of 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 the terms of the article ... of the Constitution, the

next:

(Follows the text.) "

2-Addressing of decrees of ratification of international treaties, the text is

composed as follows:

" It is ratified the ... (it follows the identification of the treaty, with indication of the matter to which

respect, from the place and date of the signing and the number and date of the resolution of the Assembly

of the Republic that approved it for ratification). "

3-Dealing with decrees of appointment and exoneration of the members of the Government,

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

4-After the text of decree, they follow, successively, the signature of the President of the

Republic, with the mention of the respected date and place where it was made, in case it did not

been in Lisbon, as well as, if it is covered by Art. 140 (1) of the

Constitution, the date of the referenda 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 comply with the following form:

" The Assembly of the Republic decrees, pursuant to Article 161 (...) of the

Constitution, the following:

(Follows the text.) "

2-Addressing constitutional or organic law, shall expressly mention the

corresponding term, in the final part of the formula.

3-After the text, follow up, successively, the date of the approval, the signature of the

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

publication and the signing of the President of the Republic, the date of the referenda and the

signature of the Prime Minister.

4-The resolutions of the Assembly of the Republic comply with the following form:

" The Assembly of the Republic resolves, under the terms of Article 161 (161) and paragraph 5

of Article 166 of the Constitution, the following:

(Follows the text.) "

5-Dealing with resolutions of approval of treaties or international agreements, the

text is composed as follows:

" Approve (for ratification, in the case of treaties) o ... (follow the identification of the

treaty or international agreement in a simplified form, with indication of the matter to

Respect, of the place and date of the signature, the content of the instrument being the instrument

published in attachment). "

6-After the text of the resolutions, they follow, successively, the date of the approval and the

signature of the President of the Assembly of the Republic.

7-Addressing a resolution of approval of an international agreement in form

simplified, to the signature of the President of the Assembly of the Republic follow

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

respects date, the date of the referenda and the signing of the Prime Minister.

Article 11-The

Consolidated laws

1-Consolidated laws meet in a single legislative act relating to a particular

area of legal planning regulated by diverging legislation.

2-Consolidated laws do not affect the material content of consolidated legislation, save

when, inter alia, there is a need for:

a) Update and standardize normative language and legal concepts;

b) Uniformize identical phatic reality.

3-The consolidant laws:

a) They may contain systematic organization and distinct numbering of the legislation

consolidated;

b) Maintain the repeal standards set out in the consolidated laws and indicate

still the standards repealed by the effect of the consolidated law;

c) Safeguard the regulations passed under the consolidated legislation

repealed, unless expressly provided otherwise.

Article 12.

Legislative diplomas of the Government

1-The decrees-laws comply with the following form:

a) Decrees-laws set out in Article 198 (1) (a) of the Constitution:

" Pursuant to Article 198 (1) (a) of the Constitution, the Government enacts the

next:

(Follows the text.) "

b) Decrees-laws set out in paragraph 1 (b) of Article 198 of the Constitution:

" In the use of the legislative authorization granted by the article ... of the Law n. .../..., de ...,

and pursuant to (b) of Article 198 (1) of the Constitution, the Government enacts the

next:

(Follows the text.) "

c) Decrees-laws set out in paragraph 1 (c) of Article 198 of the Constitution:

" In the development of the legal regime established by the Law (or Decree-Law) n.

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

Government decrees the following:

(Follows the text.) "

d) Decrees-laws provided for in Article 198 (2) of the Constitution:

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

next:

(Follows the text.) "

2-After the text, they follow, successively, the date of approval in Council of

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

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

of the referenda and the signing of the Prime Minister.

Article 13.

Proposals for law

1-The Government's proposed law proposals must contain an explanatory statement and

comply with the following form:

" Pursuant to paragraph 1 (d) of Article 197 of the Constitution, the Government

presents to the Assembly of the Republic the following proposal for a law (with request to

priority and urgency, if it is the case):

(Follows the text.) "

2-After the text, they follow, successively, the date of the approval in Council of

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

Article 14.

Other diplomas from the Government

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

a) Regulatory Decrees:

" Pursuant to Article 199 (c) of the Constitution and ... (the following is the identification

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

(Follows the text.) "

" Pursuant to Article 199 (g) of the Constitution, the Government decrees the

next:

(Follows the text.) "

b) Decrees set out in paragraph 1 (c) of Article 197 of the Constitution:

" Pursuant to Article 197 (1) (c) of the Constitution, the Government approves the

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

indication of the matter to which it respects, the place and date of the signing, the content of the

respect instrument published in annex). "

c) Decrees:

" In the terms of the ... (it follows the identification of the act and the norm respecting that

establishes the requirement for a decree) and of Article 199 (c) of the Constitution, the

Government decrees the following:

(Follows the text.) "

" In the terms of the ... (it follows the identification of the act and the norm respecting that

sets out the requirement for decree) and Article 199 (g) of the Constitution, the

Government decrees the following:

(Follows the text.) "

" Pursuant to Article 199 (g) of the Constitution, the Government decrees the

next:

(Follows the text.) "

d) Resolutions of the Council of Ministers:

" Under the terms of Article 199 (199) of the Constitution, the Council of Ministers

resolves:

(Follows the text.) "

" In the terms of the ... (it follows the identification of the act and the norm respecting that

sets out the requirement for resolution) and Article 199 (...) of the Constitution, the

Council of Ministers resolves:

(Follows the text.) "

e) Portaries:

" Sends the Government, by the ... (nominate the relevant member or members), the following:

(Follows the text.) "

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

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

Prime Minister and the relevant ministers, the date of the promulgation, the order of

publication and the signing of the President of the Republic, the date of the referenda and the

signature of the Prime Minister.

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

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

Prime Minister and the relevant ministers, the signing of the President of the

Republic, with the mention of the respected date, the date of the referenda and the signing of the

Prime Minister.

4-After the text of the resolutions mentioned in paragraph 1 (d), follow,

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

Prime Minister.

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

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

date.

6-Being several of the members of the Government to sign the diplomas alluded to in the number

previous, the date that releva is that of the last signature.

Article 15.

Decrees of appointment and exoneration of the members of the Regional Governments

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

comply with the following form:

" Under Article 231 (3) of the Constitution, I shall appoint (or exonero):

(Follows the text.)

Signed in ...

Publiate.

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

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

comply with the following form:

" Under Article 231 (4) of the Constitution, I shall appoint (or exonero), under

proposal of the President of the Regional Government:

(Follows the text.)

Signed in ...

Publiate.

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

Article 16.

Diplomas from the self-governing 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 indicates, in addition to the organ donde emana and the provision

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

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

2-Regional legislative decrees approved under an authorisation

legislative, or that they develop into the regional framework principles or general bases of

legal regimes contained in laws that they circumscribe, must invoke

expressly the respective laws of authorization or the laws whose principles or bases

develop.

3-In regional legislative decrees and in the regional regulatory decrees of the

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

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

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

signature of this.

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

after the text follows, successively, the mention of the approval by the Government

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

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

Article 17.

(Revoked.)

Article 18.

Abrogation standard

The following diplomas are revoked:

a) Law No 6/83 of July 29;

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

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

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