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Communiqué from the Presidency of the Republic with respect to the enactment of the Parliamentary Decree that establishes the bases of the binding, careers and remuneration of public servants

The President of the Republic enacted today the Parliamentary Decree that establishes the bases of the binding, careers and remuneration of public servants, after this same decree had been freed of the unconstitutional precepts pronounced by the Constitutional Court.

It should be considered that the enactment of legislation does not necessarily mean that the President of the Republic concurs with its subjacent political base, nor does it imply his agreement with all the legal precepts therein.

The above legislation raises doubts in two aspects, which, in due time, were referred by the President of the Republic, when the request for preventive supervision was sent to the Constitutional Court.

On the one hand, this legislation continues containing remedies which, due to lack of clarity and transparency, could bring about misunderstandings in its interpretation, thus creating conflicts in the midst of the Public Administration.

On the other hand, doubts still exist as to entrusting to a simple ordinance the regulating of innovatory issues, as well as the preference given to public entities in contracting for rendering of services, which could imply an excessive and unjustified dependence of large private enterprises from the Public Administration.

Parliament legitimately decided just to eradicate the unconstitutionalities pointed out by the Constitutional Court, and did not undertake any other change to the legislation which could contribute towards its improvement and to correct situations which could lead to juridical uncertainty.

The decision to enact this legislation resulted from the attentive and careful weighting that the President of the Republic undertook of all matters under concern, considering, specifically, that no obstacles should be placed on the legal framework which the Government considers of great importance for the necessary reform of the Portuguese Public Administration.

 

20.02.2008

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