In total there were 27 approvals, of which 26 proposals were rejected. Despite the high number, it is certain that the number of diplomas that are voted on does not stop here. And perhaps even a record compared to recent years. Since June 1, 55 initiatives have already been submitted (between bills and bills), and the legislature has not yet ended. Just search place of parliament, legislative output since 2015 (since the PS has been in government), at this time of year, it was only three times higher – two of them during the device (in June/July 2017 and 2018), and in the summer of 2021, during the covid-19 pandemic. Among the decriminalization of synthetic drugs, amnesty for youth during World Youth Day (WYD) and laws in the military sector, the DN highlights some of the diplomas discussed below.
Decriminalized synthetic drugs
It was one of the most controversial proposals discussed, after prompting the Ministers of Health (Manuel Pizarro) and Internal Administration (José Luís Carneiro) to issue warnings. But this Friday, parliament even approved PSD and PS diplomas to decriminalize synthetic drugs. The aim is to distinguish between trade in and consumption of these new resources.
With this approval, the two texts will now go to the first committee, for Parliamentary Affairs, Rights, Freedoms and Guarantees, to be able to update the 1993 Decree-Law, which is currently in force and which changed the legal regime in force until then, to human trafficking and drug use. The two texts approved this Friday essentially want to prevent situations of inequality between substances (such as Ecstasy for example) and classic drugs, which also differentiate consumers, by allowing the possession of small quantities for consumption (as already with other substances).
This Friday, in plenary, Sara Madruga da Costa, PSD delegate, called the approval a way to combat the “new and harsh realities”.. For the Social Democrat, her party’s diploma aims to provide a “faster and more effective” response to a “complex and alarming phenomenon”, with the Azores and Madeira having a particular impact on the problem. In the intervention, the deputy also said that, by presenting this diploma, the PSD aims to “differentiate the consumer from the dealer, to treat those who need it and tighten the loopholes of human trafficking”.
For the PS, deputy Cláudia Santos emphasized the positive impact of the decriminalization of drug possession for consumption in the 1990s. with the proposed bill, the socialists want to “reaffirm the choice of prevention and treatment of consumers”.
Prior to its approval, both Manuel Pizarro and José Luís Carneiro expressed reservations about this measure. When asked about this topic, both asked for “caution” in applying decriminalization.
Amnesty for young people during WYD
It also caused controversy, but was eventually widely approved (now goes to the first committee).
On the occasion of World Youth Day, there will be a pardon of pensions and amnesty for crimes and offenses for young people between 16 and 30 years old. The measure, proposed by the government, was approved on Friday with votes for PS, PSD, PCP, Links Blok and Vrij. PAN and IL abstained and Chega voted against. Three PS deputies (Pedro Delgado Alves, Alexandra Leitão and Isabel Moreira) expressed interest in giving an explanation of vote.
In the antechamber of the vote, several constitutionalists expressed doubts about the constitutionality of the measure, arguing that the criminal age distinction is not legal.
Defense laws passed
Parliament also passed the Military Programming Act (LPM) and the Military Infrastructure Act (LIM).
In the case of the LPM – approved only with favorable votes from the PS -, this text sets an amount of €5.570 million of public investment in the sector, up to 2034. Of this amount, 5,292 million is guaranteed by the state budget, while the remaining 278 million must be financed by Defense itself. This process will be ensured by processes such as the refund of value added tax on weapons or the profitability of real estate (this is a new measure).
In the case of the latter measure, the LIM (approved with favorable votes from the PS, PSD and IL) stipulates that the Prime Minister has the first say on which properties must be monetized. This proposal foresees a total investment of about 272 million euros until 2034. In the first three years, the value will be almost 96 million.
Commission for Equality and Against Racial Discrimination
Parliament also approved the establishment of the Commission for Equality and Against Racial Discrimination (CICDR), which, as is well known, will work with the Assembly of the Republic – which will be responsible for electing the chairman of the commission.
Approved with favorable votes by PS, PSD, PCP, Bloco de Esquerda, PAN and Livre (IL abstained, Chega voted against), the creation of the CICDR represents an autonomy of functions, following the disappearance of the High Commission for Migration, which will be integrated into the new Agency for Integrationmigrations and asylum (which replaces the SEF).
Days before the vote, Isabel Rodrigues, Secretary of State for Migration, defended that the creation of the CICDR is an important step in the fight against racism. So he underlined Executive thus makes a “historic strengthening of the institutional framework for the fight against racism in Portugal”stressing that “time is a major threat to human rights”.
Despite criticism from Chega – whose parliamentary leader, Pedro Pinto, said “racism bullshit” serves to divert attention from other problems in the country – the proposal eventually garnered consensus from left to right.
The State Secretary quoted this in a statement from the Ministry of Parliamentary Affairs on Friday “the fight against racism, xenophobia and discrimination based on racial and ethnic origin, skin colour, nationality, descent and territory is a central part of government actionwhich firmly directs its legislative and administrative activity and the political management of relevant issues of the national community”.
In the same note, the ministry explains that “It is the task of the Commission for Equality and Against Racial Discrimination to apply the legal regime for the prevention, prohibition and combating of discrimination. collect all information about discriminatory practices and the application of the respective sanctions; providing victims of discrimination with the information necessary to defend their rights; or recommending legislative, regulatory and administrative measures to prevent, prohibit and combat discrimination.” A report on the situation of equality and non-discrimination will also be prepared to be sent to Parliament in the first six months of the year.
Protection of personal data
Parliament also approved – without any votes against – a final text, prepared by the Constitutional Affairs Committee on the basis of a government initiative, transposing a series of European directives on the protection of personal data into Portuguese law. The text had the votes for PS, PSD and Chega.
According to the bill, personal data “lawfully obtained by a joint investigation team may be used for a purpose other than that for which it was collected”. The diploma also clarifies that this use can happen, “provided that the person responsible for their treatment is authorized to treat them for that purpose, in accordance with Union law [Europeia] and the Member States, and the respective treatment is necessary and proportionate to its purpose,” the bill clarifies.
More control over EU initiatives
The parliament also passed bills that expand the scrutiny of the Assembly of the Republic over European Union legislative initiatives, requiring the government to provide more information on these matters.
All parties – with the exception of BE – voted in favour, thereby approving the text of the European Affairs Committee.
One of the adopted bills stemmed from a proposal by the Liberal Initiative and explicitly enshrines proportionality checks in the scrutiny of these Community legislative initiatives, giving Parliament more powers in follow-up.
Another project, proposed by Livre, stipulates that the government is obliged to appear at every meeting of ministers of the Council of the European Union before the parliamentary committees responsible for the matters under discussion.
The PS, on the other hand, calls for the extension of parliamentary scrutiny and scrutiny mechanisms in the assessment by the Assembly of the Republic of the EU-building process.
In general, these bills amend Law 43/2006, which establishes the powers of Parliament. According to this law, the AR is responsible for issuing opinions on its reserved legislative powers that remain pending the decision of the European Union.
Violation as a public crime
Parliament, on the other hand rejected this Friday to classify rape as a public crimedespite the – unanimous – agreement to strengthen the protection of victims of crimes against sexual freedom.
Several bills have been presented in this area. The Bloco de Esquerda chose to repeal its law, which provided that rape, coercion and sexual abuse of a person incapable of resistance would become public crimes. But the block. On the other side of the “barricade”, IL had a similar bill, which was rejected with votes against by PS, PSD (one of the deputies abstained) and PCP – all other parties abstained. In this context, Chega also had a bill that aims to change criminal legislation to better protect victims of sex crimes. In addition to André Ventura’s party, IL and PAN voted in favor (Livre, BE and a representative of the PSD abstained).
The Bloco de Esquerda voted in plenary on the specialty of three proposed amendments – with amendments and additions to the PS project on strengthening the protection of victims of crimes against sexual freedom. They were all rejected.
Source: DN
