A complaint was received urging the Ombudsman to seize the Constitutional Court
for the control of unconstitutionality by omission, in view of the absence of legislation
on residents’ organisations, which are foreseen in Chapter V, Title VIII (“Local Government”), of the Constitution’s Part relating to the “Organisation of political power” (Articles 263 to 265 of the Fundamental Law).
The Constitution provides for the existence of residents’ organisations in order to raise
participation of the population in local administrative life and, accordingly, outlines a
characterisation of their composition and structure, as well as of the activity that those
communities are intended to exercise. However, mentions in legislation relating to residents’ organisation are extremely sparse. Such an omission of legislation lead to the conclusion that it was in breach of the Constitution, as the latter requires the adoption of
legislative measures clearly targeted at the setting of these associative entities and that are
required to make executable the constitutional status sought for them.
In this framework, underlining the need to overcome this lack of legislation and in
alternative to the seizure of the Constitutional Court, another mode of intervention was
deemed as more adequate by the Ombudsman, thus addressing a Recommendation to the
Parliament instead.
In this initiative, besides emphasising the constitutional command to legislate, the
Ombudsman also laid emphasis on the renewed importance of residents’ organisations
in the framework of the recent territorial administrative reorganisation (which resulted
in the extinction of many civil parishes by aggregation), so as to ensure continuity in the
representation of the specific interests of those populations that, along with others, are
placed under the umbrella of a joint local authority since then.
Therefore, the Ombudsman recommended to the Parliament to ensure the drawing up
and the adoption of the legal framework relating to residents’ organisations, including the
establishment of their structure and the definition of the their competences, necessary to
give practical effect to the rules of the Constitution on the matter.
•
b) Requests for constitutionality review
Case Q-4100/15
Entity addressed: Parliament
Date: 2016/03/18
Subject: Judiciary System Organisation Act; powers of the Superior Council of the
Judiciary; Right to be heard by a court or tribunal established in accordance with the law
Status: Pending
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