The president of the republic said on Thursday that the project for pre-verification of legal requirements for government officials presented to him by the prime minister consists of a “long and extensive set of requirements”.
According to Marcelo Rebelo de Sousa, “it will probably take the form of a resolution of the Council of Ministers”.
“But let’s wait and see how exactly this article is in its final version,” the head of state advised in statements to journalists at the end of an initiative in the former royal riding school, next to the Belém Palace, in Lisbon.
When asked if the person who will replace the Secretary of State for Agriculture will already pass this scrutiny, Marcelo Rebelo de Sousa replied: “I still don’t know a name, but probably. It depends on what is assumed, but probably yes.” .
The President of the Republic reiterated that the project presented to him “in general” by the Prime Minister, António Costa, on Wednesday morning corresponds to his “position communicated in writing last Friday”.
“The word now belongs to the Council of Ministers. The Prime Minister must have submitted it to the Council of Ministers, the Council of Ministers must approve it,” he added, refusing to give details on the matter.
On the process of proposing and appointing government officials, Marcelo Rebelo de Sousa defended that “it is very important that when presenting the proposal of names to the President of the Republic, the Prime Minister has in his hands all possible elements from a legal point of view. the designated person, and then formulates his political judgment”.
“One thing is the legal or legal requirements, another thing is the adaptation to the place, the authority for the place, the political possibility, this is a judgment of the prime minister,” he stressed.
Rita Marques case is “legally clear”
Marcelo Rebelo de Sousa believed that the case of former Secretary of State for Tourism Rita Marques is “legally clear” regardless of what he has decided as ruler.
Asked if “it’s 100% illegal” the situation of Rita Marques — who moved from government to administrative positions in the group The Fladgate Partnership, owner of the company Wow, with responsibilities in the hotel and tourism division –, the head van State replied: “For me, before there was a law, it was ethically clear. Once there was a law, it became legally clear”.
For Marcelo Rebelo de Sousa “it is clear that he should not go to work in an area that was, in fact, an area in which he ruled – regardless of the concrete decisions, which are judged on a case-by-case basis”.
When asked whether there should be a review of the law establishing the incompatibilities and impediments of political office holders – which in its current version penalizes cases such as Rita Marques’ with “inhibition to the exercise of functions of political office and high public office” office by a period of three years” –, the President of the Republic sent the matter to the Assembly of the Republic.
The head of state admitted that people feel “that in spite of everything it is worth breaking the law because the sanction is considered a trifle”, that it is not “sufficiently preventive, deterrent”, but added that ” this is an assessment that only parliament can make”.
“It is for the Assembly of the Republic to decide whether or not what is considered an imposition should be subject to changes in terms of the applicable sanction, and concludes that the applicable sanction is not sufficiently deterrent,” he said . said. .
Marcelo Rebelo de Sousa, who indicated that he does not like to comment on “specific cases”, emphasized that “even if he has not decided anything with regard to a specific case, to a specific specific entity”, a former governor is legally prevented “from going working in that area” which he guided.
“Unless he returns to his place of origin. If the person has a place of origin, he has the right to return to his place of origin. He cannot be harmed by the exercise of public functions,” he stressed.
Speaking “in general”, the President of the Republic claimed that “the Portuguese realize that when someone is nominated to hold a political, political-administrative position, as it is to be a ruler, they are a make a choice”.
“That choice is in the law today – for a long time it wasn’t in the law, it was just ethics, it was just a moral question – and that’s for Caesar’s wife to seem fair. It’s not enough to be fair , it must appear so,” he emphasized.
The head of state added that “the law sanctified the impediment of a former ruler from going to work for a sector in which he exercised authority immediately after and for a period after he had reigned in that sector”. The duration of this barrier is three years.
“For a very simple reason: so that there can be no doubt that whatever the good faith, honesty, transparency of the person who ruled, who does not derive any advantage from ruling in any way by going to the sector over which he ruled. And the law is very clear,” he stressed.
Questioned by journalists about another case, from the former TAP administrator, who later went to NAV and later became Secretary of State for Finance, Alexandra Reis, Marcelo Rebelo de Sousa replied that “on this matter I have already said everything I had to say “.
According to him, “anything the president is saying at the moment is clearly inappropriate, it is premature”, on a matter that is under the direct supervision of the government and for which the Assembly of the Republic will set up a parliamentary committee of inquiry.
Marcelo expects legal clarification about the teachers’ strike soon
The president of the republic also said that he expected a quick legal clarification on the teachers’ strike by the PGR in response to the government’s request, which he said should have been done in advance.
Speaking to journalists, Marcelo Rebelo de Sousa, at the end of an initiative in the former royal arena, next to the Belém Palace, in Lisbon, defended that this is “a crucial period in terms of the school year” and that “it is fundamental that there are conditions for schools to function”.
According to the head of state, “anything that can be a quick clarification of what is legal or not legal [na greve dos professores] and whether or not it is possible to have minimum services is fundamental”.
On the other hand, the President of the Republic stressed that strikes are “subject to prior notice” and considered that one should have tried “in advance” to “know the law applicable to a possible suspension of activity by teachers or part of the non-teaching staff”.
“What does that mean? Knowing legally whether it is possible to have recourse to minimum services, first of all, under what conditions, under what conditions; and whether or not certain forms of labor action comply with the law,” he specified.
When asked whether the Ministry of Education has reacted late to the request for advice to the Prosecutor General’s Office (PGR), the President of the Republic replied: “Half a word is enough for a good connoisseur”.
Marcelo Rebelo de Sousa said he hoped for an opinion from the PGR’s advisory board “as soon as possible”, but stressed that “the PGR could not take the initiative before asking for an opinion”.
The President of the Republic downplayed the disagreements over the teachers’ strikes, stating that “it’s part of the logic of democracy to have a diversity of positions in terms of industrial relations, that’s how it is”.
Clarification on the legality or not of strikes and the respective minimum services “is fundamental for teachers to know, non-teaching staff to know, families to know, and students, who are the key players in an education system, what they are, to know also know” with what they count, maintained.
“I mean, families have the right, students have the right, teachers have the right, non-teachers have the right to know what rules they’re sewing by. One more week, two more, three more, four more, whatever “, he reinforced.
Source: DN
