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President did not enact bill that alters the regulation of the State support for private and cooperative educational establishments

 The President of the Republic returned to Parliament, without enacting it, Parliamentary Bill Nº 118/XI, which approved the first alteration, due to parliamentary appreciation, to Decree-Law No. 138-C/2010, dated 28 December, which “Regulates the State support for private and cooperative educational establishments, thus altering for the fourth time the Statute of Private and Cooperative Education, approved by Decree Law No. 553/80, dated 21 November”».
Following is the full text of the Message that, for the purpose, the President of the Republic addressed to Parliament:

"Mr. Speaker
Excellency,

Having received, to be enacted as law, Parliamentary Decree No. 118/XI, approving the « First alteration, due to parliamentary appreciation, to Decree-Law No. 138-C/2010, dated 28 December, which “Regulates the State support for private and cooperative educational establishments, thus altering for the fourth time the Statute of Private and Cooperative Education, approved by Decree Law No. 553/80, dated 21 November”», I have taken the decision, in the terms of article No. 136 of the Constitution, not to enact that bill, based upon the following premises:

1 – The Decree submitted for enactment just adds a new precept, article No. 4-A, to Decree Law No. 138-C/2010, dated 28 December, which regulates the State support for private and cooperative educational establishments.

2 – In accordance with the approved alteration, “until the entry into force of the administrative order referred to under §1 of article No. 15, the amounts attributed to schools with contracts of association concluded between January and August 2011 will be maintained”.

3 – It so happens, however, that the referred administrative order has already been approved and is already in force. In effect, Administrative Order No. 1324-A/2010, dated 29 December, resorted, as a qualifying rule, to €1 of article No. 15 of Decree Law No. 553/80, dated 21 November, with the text approved by Decree Law No. 138-C/2010, dated 28 December.

4 – As such, since no alteration to the qualifying rule or to its principles have been approved, warranted doubts exist as to what the legislator intended with this bill and what are the material and real effects the same would have on the legal system. It is thus considered the Parliament should adequately review the intentions and advantages of Decree No. 118/XI.

I have thus believed it preferable to return Decree No. 118/XI to Parliament, without enactment, in order that this issue be reassessed by the Honourable Members."

 

06.06.2011

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