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Madam Speaker,
Excellency,

Having received, on 11 July 2012, to be enacted as law, Parliamentary Decree No. 60/XII relative to the administrative reorganization of Lisbon, I have decided, in the terms of article No. 136 of the Constitution, not to enact this bill, based upon the following premises:

1. Municipalities and parishes are a fundamental component of the administrative organization of our land, rooted in a municipal tradition that, throughout the ages, was legitimized and preserved by the People. Further, since the coming into force of the 1976 Constitution, a broadening has been assured of the attributes and competences of the local authorities, which are nowadays a proximity network with competences and responsibilities in public policies, with a heavy impact in the management and organization of the areas in which we live and, often, in the more immediate answers to citizens’ social issues.

2. The political and social heritage that are nowadays represented in Portugal by the local authorities cannot become a barrier to the modernization of the administrative organization of the territory, and must on the contrary be considered as a component of proximity and know how in order to find the best solutions for an efficient and rational management of the country’s resources.

3. Parliament decided to approve this bill, relative to the Lisbon administrative reorganization, by a final global vote, in 1 June 2012.

4. During the Parliamentary debates, specifically in the plenary meeting held on 15 June, doubts were put forward regarding the reliability of the approved text with respect to defining the geographical limits of the parishes and of Lisbon Municipality, as contained in article No. 9 of the bill. It was also established that the parliamentary groups had not reached a consensus as to how to correct this error, especially as to the approval of the final text of the bill. This error was also relayed to the President of the Republic by the Mayors of Lisbon and Loures.

5. A unique situation is thus being faced when a bill is sent for enactment by the President of the Republic with respect to which the official responsible for the text, previously expresses doubts as to its exactitude.

6. In this context, the President of the Republic could not but note, as in prior occasions, that the quality and rigour in the production of legislation are imperative as regards juridical security and to establish a relationship of trust and respect between the People and the State. Rigour must be an overriding condition in all stages of the legislative procedure.

7. Care must also be taken that the political vetoing power of the President of the Republic, consecrated in the Constitution, should not be used to settle issues of this type.

8. On the other hand it is essential that this bill, upon return to Parliament without being enacted, should be the object of consultation with the local authorities concerned, in order to clarify any existing doubts as to changes in the respective areas covered.

9. Considering that Law No. 22/2012, dated 30 May, currently in force, which establishes the procedures for territorial administrative reorganization, the rigour with which the legislative initiative of the Lisbon administrative reorganization will be carried out will certainly affect further cases that may follow.

As such, I decided to return to Parliament, without enactment, Parliamentary Decree No. 60/XII, relative to the Lisbon administrative reorganization, in order that it is subject to reappraisal.

With highest regards,

Palace of Belém, 24 July 2012

THE PRESIDENT OF THE REPBILC

Aníbal Cavaco Silva