6. Ombudsman’s decisions in the promotion and protection of fundamental rights 6.1. Environmental, urban planning and cultural rights 6.1.1. Ombudsman’s decisions favourable to complainants a) Recommendations Recommendation No.1/A/2016 Proc. Q-1477/15 Entity addressed: Campolide Parish Council Date: 2016.05.02 Subject: Popular consultation procedure. Replacement of traditional Portuguese stone pavement Status: Accepted The Ombudsman has received a complaint regarding the popular consultation procedure, promoted by the Campolide Parish Council. This procedure meant to understand the resident’s view about the replacement of the traditional Portuguese stone pavement. The Ombudsman has concluded that some requirements of the Legal Regime of the Local Referendum weren’t accomplished, namely the preliminary examination by the Constitutional Court. Furthermore, the consultation procedure didn’t respect duties of exemption and impartiality (particularly with regard to the constitution and the way polling stations operated). In addition, the question subject to consultation didn’t comply with the legal requirement of clarity, objectivity and accuracy. The Ombudsman has also concluded that the consultation procedure shouldn’t use a rough approximation towards the democratic mechanism of referendum and, at the same time, water it down with the non-compliance of formal and substantial legal requirements. The Ombudsman recommended that the Parish Council should refrain from taking any legal effect from this consultation procedure and shouldn’t take any similar initiatives that simulate a referendum. • 108 |