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.
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