This Wednesday, the President of the Republic vetoed two parliamentary decrees that amend the Statute of the Order of Lawyers and Bailiffs, as well as the legal regime for the actions of lawyers and advocates.
The veto was announced through two notices on the official website of the President of the Republic on the Internet.
In total, Marcelo Rebelo de Sousa vetoed seven of the 21 professional orders approved by the Assembly of the Republic on October 13, voting in favor of the PS, and promulgated the remaining 14.
The previous five decrees of this legislative package, which were vetoed by the head of state in recent days, contain changes to the provisions on the orders of engineers, architects, lawyers, nurses and doctors.
The President of the Republic promulgated changes to the regulations on the orders of controllers, official dispatchers, social workers, biologists, dentists, certified public accountants, notaries, psychologists, pharmacists, physiotherapists, technical engineers, economists, veterinarians and nutritionists.
In a note to the decree amending the Statute of the Order of Lawyers and Executors, Marcelo Rebelo de Sousa states that he exercised the veto after hearing the President concerned and reproduces the arguments set out in a letter addressed to the President of the Assembly of the Republic, Augusto Santos Silva, to justify it’s a veto.
In a letter to the Assembly of the Republic, published as an annex, the head of state believes that “as stated in the Lawyers and Enforcers Order in its publicly expressed position, the changes have detrimental consequences for the justice system and the protection of human rights.” fundamental rights of citizens.”
In his opinion, “on the one hand, a mandatory regime of payment for internships, not accompanied by government co-financing, where and when it is justified, can become a serious obstacle to access to the profession, which will lead to a decrease in the number of qualified specialists.”
“On the other hand, the intervention of the state and public authorities is increasing, especially with regard to the content of internships, which represents duplication of activities, increased bureaucracy and disrespect for self-regulation,” he adds.
According to the President of the Republic, “Finally, a change in the advertising regime, not accompanied by the necessary guarantees of the accuracy of the information transmitted, can lead to misinformation of citizens, with serious damage to their fundamental rights, in an area of great sensitivity.”
In a letter on the decree changing the legal regime of actions specific to lawyers and lawyers, which was also vetoed after hearing the presidents of the countries concerned, Marcelo Rebelo de Souza shares the understanding of these two professional decrees that “changes have harmful consequences.” for the justice system and the protection of fundamental rights of citizens.”
The head of state notes that “this change significantly expands the practice of actions previously intended for lawyers, attorneys and bailiffs to a circle of other specialists” and that, “in particular, legal advice, drafting contracts and negotiating loans.”
The President of the Republic adds that “in such a sensitive area, where the rights of citizens are at stake, it is extremely important to ensure the technical training and ethical compliance of the professionals involved.”
“By allowing these actions to be carried out by other specialists who are not subject to mandatory training or regulated by relevant orders, without observing the relevant rules of discipline, it is impossible to ensure the quality of their training and compliance with the requirements. In addition, these specialists are not subject to, in particular, restrictive rules regarding advertising, and they can, without control, contribute to a decrease in responsibility and control over the services provided, as well as misinformation of citizens,” he criticizes.
Marcelo Rebelo de Sousa reiterates, as he did on five previous occasions of vetoing decrees on the statutes of professional orders, that he does not intend to jeopardize “the fulfillment of the obligations of the Portuguese state to the European Union within the framework of the Program for Recovery and Resilience (PRR)”, which, he said, “is not in doubt.”