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The "Decreto-Lei nš 123/97" for the "Decreto-Lei nš 163/06"
Laws are not mere suggestions; they are to apply. The ‘decreto 123/97’ didn’t show the necessary or the desirable efficacy, and that was why it was nothing but a certificate of ‘mere intentions’.
The State never obliged the local governments accomplish the technical norms of accessibility; so, they let them be and allow a row of infraction relapses to happen. As entities with a recognized competence, they should not only follow the legislation but also set the example.
In this case, the competent entity is nothing more than a control entity with two tasks – obviously, the result would be bad. They did not even bother to check if the constant norms of that ‘decreto de lei’ were or not followed. Maybe, it was easier for them, because they avoid having to fine themselves.
This bad practice, enabled private entities to be influenced in such a way, that they did not fulfilled the constant norms of the ‘decreto de lei’ held in consideration.
With the new law, number 163/2006 – from 8 th of August, the man of the third millennium has new chances of seeing carry out the law. On the other hand, this law subject is very much like a Pandora Box, we never really now the outcome.
It is correct to affirm that this new law is better than the last certificate, especially in which concerns the right to information, to advertising, to civil responsibility ( of private or public entities, whose performance violate this certificate), and, last but not least, the fact that the control relies on three entities, such as:
- The National Monuments and Buildings Main Board;
- The General Inspection of Territory Administration;
- The City Halls
Nevertheless, it suits to declare that this ‘decreto de lei’ number 163/2006, is on good ground due to the ‘decreto de lei’ number 555/1999, of December the16 th, which came to revise the juridical regime of local licence on urban lots and private works.
Truth be told, this new ‘decreto’ and its main points of action is very much the same as the old one.
In conclusion, I look forward to realize, that the new diploma, that comes into effect in February of 2007, will stop eventual cover ups, which usually show a good work in order to hide others not as well finished… if there is any reason left to believe that at least one good work in Portugal exists!!
Furthermore, the Portuguese State cannot expect that the citizen come to claim judicially any type of irregularity in order to act accordingly to the law, because we all know that justice is slow.
It would be good for the Portuguese State to take responsibility for his own actions and omissions, and at the same time try to undertake the accomplishment of their own laws.
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