He wanted the Government and Your Excellency. in particular – and well – to promote the revision of the Code of Administrative Procedure (CPA) that prevailed among us for over 20 years. When entered into force in 1991, was an important milestone in the coding rules – so very dispersed or non-existent – about administrative procedure and at the same time, relating to guarantees for private
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During all these years, the doctrine and jurisprudence were rich in interpreting the provisions of the Code. Important provisions. Provisions changed – much, and well – the type of relationship the general government with the private. But the world was also changing. And much has changed. Moreover, as is usual. The world is ever changing. Until governments change. New ways to communicate emerged. New ways of relating Public Administrations. Theories emerged about the shared exercise of state functions. All changes that led Your Excellency. and the government to ask the Assembly of the Republic law to authorize the Executive to approve a new CPA. The law of legislative authorization was granted – and well – and came to be published on 11 July 2014. It granted within 180 days – and well – for the Government to legislate. The Government appointed a commission. The committee heard who understood and did not get to hear all the experts. And well. Why listen to all the experts is not always possible, even if they are willing to be heard. And experts do not always say things right ones. Things like being heard by other experts. And this may delay the work. What is not good. Justice must have certain times
The commission worked safely arduous form -. And well (because it was dedicated). Made choices. Wrote a text. Based on what he heard. And based on that thought. Certainly – as with the committees – not all experts (who were part of the committee) agreed with everything that was written. Have – some – other solutions. All this is normal.
After all this hard work the government legislated. The results of that work and the legislative competence of the Executive were published on January 7 this year, the official newspaper in Portugal is called Gazette . It is the official publication where the main laws of our country are published The new CPA -. And well – was published in the Official Journal of the important and main things. Entered into force these days – and well. They gave us time to read it. To reflect on the choices made. About which remains. About what is new. About what is not right. On what has already been criticized. About the lapses, errors, inconsistencies. About some clutter hanging over the diploma. The disorganization of some items is notorious. Law which is notorious needs no proof. Seem to lack Legistics technique. It seems, but can not miss
All. – Or almost all – we expected at least a rectification statement. At least on some aspects adjectives. Or even on some more substantive aspects. All this is expected before the entry into force of the legislation. But that did not happen – and evil
There are no perfect documents.. Just have human origin. But the new is a CPA degree in structuring our collective life. It is essential that the public authorities and individuals realize the well. This new CPA has aspects that do not realize. There are less successful aspects. It is not necessary to note that the preamble to the decree-law establishing the CPA are many and various lapses and even remission of errors for constitutional articles that do not exist. But will tell us: the preamble is just the preamble. And we have to give you reason. Helps to capture the meaning of some of the choices. Only that. Nothing more than that. Has no legal value. Help to interpretation. Or can help. And if you have errors, the interpreter – we – that we correct. But in the Code that the government calls the new there are redundant and useless regulations. There are provisions that make no sense. There are rules whose meaning is not perceived. And not even realize if they make sense. There are irresolvable contradictions that break the coherence of other standards. In some cases, there seems to be an inability to translate into law letter written the thought of the legislator. There are standards that make us doubt. Many doubts. And hesitation.
He will say that are smaller aspects. Have (any) reason. Can we would submit, in particular, many examples.
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