The Government sent this Wednesday to the Assembly of the Republic new contributions from the technical commission of the law on protection in public health emergencies, taking into account a possible revision of the Constitution.
“Having started a process of revising the Constitution, the Prime Minister decided to ask the technical commission to consider again the need to introduce a constitutional norm that reinforces the legal certainty of the set of provisions contained in the draft Law on Emergency Protection in Public Health and, given this new circumstance, proposes what seems most convenient”, says a note from António Costa’s office.
The prime minister’s office explains that this “new consideration, and with this new context, resulted in a note with the proposals that, in the opinion of the technical commission, eliminate any margin of uncertainty and increase legal certainty????????
“Given that the Government does not have the power of initiative in matters of constitutional laws, it must, however, provide those who hold it – in this case, the Assembly of the Republic – all the appropriate technical information for their free consideration and appreciation.” so that, if they so wish, they can take it into due account”, states the note from the executive.
According to the office of the prime minister, this day the new contributions of the technical commission were sent to the Assembly of the Republic.
The technical commission suggests, in the scope of work of the eventual constitutional review commission, that a new paragraph be added: “Separation of a person with a serious contagious disease or for whom there is fear of spreading a serious disease or infectiondetermined by the health authority, through a reasoned decision, for the time strictly necessary, in the event of a public health emergency, under the terms of the law.”
In June 2021, the Government set up a technical commission to study and prepare draft revisions of the current legal framework based on the experience during the Covid-19 pandemic.
“Since it is a structuring legislation, the legislative process was studied in depth by a commission of the highest technical competence, in the legal and public health areas, and with the participation of the Ombudsman’s Office and the Public Ministry,” He says. the same note
The technical committee was made up of retired counselor judge António Henriques Gaspar, deputy attorney general João Possante, representing the Attorney General of the Republic, Ravi Afonso Pereira, representing the Ombudsman, and Alexandre Abrantes, professor at the National School of Public Health.
The public health emergency protection bill that resulted from the commission’s work was made public on May 11.
On Saturday, the President of the Republic, Marcelo Rebelo de Sousa, refused to pronounce on the constitutional review because it is a process in which he has no intervention, but he again warned about the need for changes in the Metadata issues and health emergencies????????
Chega submitted to parliament a constitutional review project that was admitted on October 12, with an observation from the President of the Assembly of the Republic: “To be sent to the Temporary Commission that is constituted for this purpose.”
According to the Constitution of the Republic, “when a constitutional review project is presented, the others must be presented within thirty days.”
Source: Observadora
