Despacho n.º 1425/2001(2ªSérie), de 24 de Janeiro de 2001
Despacho n.º 1425/2001 (2.' série). - Com a publicação do Decreto-Lei n.º 316/95, de 28 de Novembro, que alterou o Decreto-Lei n.º 252/92, de 19 de Novembro, foi retirada aos governadores civis a competência para elaborar regulamentos independentes sobre matérias da sua competência policial que não sejam objecto de lei ou regulamento geral.
A nova redacção conferida ao artigo 4.º, n.º 3, alínea d), do citado diploma, conferiu-lhes, unicamente, a competência para propor ao Ministro da Administração Interna a elaboração dos regulamentos necessários à execução das leis que estabelecem o modo de exercício das suas competências.
A elaboração de regulamentos nesta área revela-se particularmente difícil e complexa dada a natureza das matérias que, tendo em atenção a sua componente policial, podem contender com direitos, liberdades e garantias dos cidadãos e estão sujeitas a limites constitucionais apertados e a regras de competência reservada.
Tratam-se de matérias delicadas e que exigem não só um conhecimento perfeito e concreto das dificuldades que surgem no exercício diário das competências que são atribuídas aos governadores civis como das insuficiências existentes no quadro normativo em vigor.
Por outro lado, como foi referido, a lei atribui aos governadores civis a competência para propor a elaboração dos regulamentos necessários à execução das leis que estabelecem o modo de exercício das suas competências. Ora, a existência de um...
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