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The President of the Republic enacted on this date as Law, Parliamentary Decree No. 362/X, which approves the Legislative Code of the Contributory Regimes to the Provident Systems of Social Security.

When this Legislative Code of Contributory Regimes was under discussion in Parliament several pertinent doubts were raised, by social groups as well as by political parties, particularly as to its opportunity with regard to the economic environment, as to the short period available for parliamentary debate and as to the absence of a wide consensus for a bill of this relevance and with such an extended period of application. On the other hand, the Parliamentary Technical Budgetary Support Unit drew attention to the absence of sufficiently detailed and complete studies on the effects of the Legislative Code on the financial equilibrium of the Social Security System, an aspect which requires early and visible clarification.

This bill, however, was based upon relevant tools of social consultation: the “Agreement on the Strategies for the Reform of Social Security”, dated July 2006, the “Agreement on the Reform of Social Security”, dated October 2006, and the “Tripartite Agreement for a new system of regulation of labour relations, employment policies and social protection in Portugal”, dated June 2008. Within this scope, the materialization of a legislative initiative such as this Contributory Code was seen by the social groups which signed these documents as a need for a more effective fight against contributory evasion and to bring into line, in terms of justice and fairness, the framing of self-employed workers. It was also recognized, on the other hand, that the Legislative Code has structural characteristics and is innovatory in many respects, bringing into line an effort to systematize the relationship between Social Security and its contributors, from which improvements may result as to simplifying and bringing clearer visibility to the legislative system and in the access to the Rule of Law of people and enterprises.

It should be recalled the enactment of a bill does not necessarily mean that the President of the Republic is in agreement with its underlying policies, neither does it imply his institutional commitment to all the legislative solutions therein included.

In this specific case, the decision to enact the bill resulted from careful and attentive consideration given to the issue by the President of the Republic, taking into account all the surrounding interests and especially considering that the extended transient period foreseen, and the lengthy interval for it to come into force, will allow an adequate follow up of the solutions now approved or even a renewed view as to the opportunity of its becoming effective, as well as the correction of any possible inadequacies which meanwhile may be recognized.

Palace of Belém, 31 August 2009