Key Benefits:
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Draft Law No. 202 /X
"Law of the Jovem Associativism"
Exhibition of Motives
Youth associations play a unique and essential work, allowing for a
sensitization to the associativism of several Portuguese, soon from the beginning of their
youth. There are, however, a set of typologies of this type of associativism,
with different applicable legislations, which makes it difficult to often work concrete
of all these associations. In this way, it becomes necessary to carry out a
document that can regulate the almost totality of the associative genera concerned.
The CDS/PP, with the precious collaboration of Popular Youth, thus presents a
project-law that aims to regulate the sector by solving problems such as those of, (by way of
exemplificatory) unify the documentation for the information and application of the
associations to the official programs. In a society that wants to be effective, and against the
subsidizing policy-dependence of young people, we should make life easier for those interested,
in a fair and coherent way.
We frame, too, here the student associations that were previously
regulated in own document, thus promoting a greater equiparation with the
remaining youthful associativism, never forgetting the particularity of being before
a form of association with concrete purposes that aim to reach out to students.
In summary form this project regulates:
1-Constitution of the associations
2-Apoios
3-Status of the young associative leader
4-Status of public utility
5-National Register of young associativism
6-Surveillance and sanctions
With the present diploma, the CDS/PP endows the juvenile associations of a document that
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regulates them in a global way, trying to foster growth and support to them, of
form to promote the merit of the projects and the associative quality.
With the approval of this document, the following diplomas are revoked:
-Law No. 33/87, June 11, on Student Associations;
-Decree-Law No. 91-A/88 of March 16 on the Rights and Regalies of the
AAEE, which regulated the Act No. 33/87;
-Decree-Law No. 152/91 of April 23 on the Status of Governing
Associative Student;
-Law No. 6/2002, of January 23, the Law of Juvenile Associativism;
-Portaria No 354/96 of August 16 approving the regulation of PAAJ-
Program of Support for Juvenile Associations;
-Portaria No. 355/96 of August 16 approving the regulation for enrollment
in the RNAJ-National Register of Juvenile Associations.
CHAPTER I
General principles
Article 1.
Subject
The present law aims to regulate, in a global way, the young associativism defining the
status of juvenile associations, student associations and groups
informal youth, as well as the standards governing support programmes for their
activity.
Article 2.
Definitions
1.Nos terms of this Law, consider themselves "juvenile associations" the gifted of
legal personality, with more than 75% of associates with equal age or
less than 30 years, in which the executive body consists of 75% of young people with
age equal to or less than 30 years.
2. In the case of associations with less than a thousand young associates, the presidents of the
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executive body and board of the general assembly should be young people with equal age
or less than 30 years.
3. Can be equated to juvenile associations, the non-profit entities
of acknowledged merit and social importance, which develop activities that if
target young people.
4. The equiparation referred to in the preceding paragraph depends on dispatching the member of the
Government responsible for the youth area and is valid for the term of one year.
5. They may also be equated, without prejudice to the provisions of this Law, to
youth associations, the partisan and union youth organizations, since
which fulfil the requirements mentioned in paragraphs 1 and 2 of this Article,
safeguarding the legal provisions that regulate political parties and
trade union associations.
6. Considerate "student associations" as to be legally
constituted to represent the students of the respective establishment of
teaching, in the terms defined by the Law of Educational System Bases, by the Law of
Autonomy of Universities and the Law of the Status and Autonomy of the
Polytechnic Higher Education Establishments.
7. Considerate "informal groups of young people" those who are constituted,
exclusively, by young people aged 30 and under, in number not
less than 3 elements and, which develop activities of recognised merit and
importance in the area to which it is proposed to intervene.
8. For the purposes of the rights and duties contained in this Law, they shall be equipped to
associations the federations by them created, save if it is another legal prediction.
9. Under the terms of this Law, the term "associations" refers to the whole of
youth and student associations, as well as their federations, entered in the
National Register of Jovem Associativism.
Article 3.
Independence and democratization
1. The subject associations of this diploma are independent of the State, of the
political parties, religious organizations and trade unions and have the right to
freely draw up, approve and modify their statutes, elect their bodies
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social, approve your plans for activities and manage your heritage.
2. The statutes of the associations shall be pauper by the establishment of rules
to allow respect for internal democratization, particularly the right to
elect and to be elected to the statutory bodies.
Article 4.
Support for young associativism
1. Support for young associativism obeys the principles of transparency,
objectivity and respect for the autonomy and independence of the associations and their
leaders.
2. The entities framed in this Law shall enjoy technical, financial and
formative, access to the regime of the young mecenate, to the status of the leader
young associative and the status of public utility, benefiting, still, from the
regime of tax breaks and too much perks, under the applicable law and in
vigour.
3. Except from the previous number the associations and organisations equated to
juvenile associations, provided for in Article 2º (5) of this Law.
4. To be covered by the provisions of this diploma, in respect of the
support programs, all associations and informal youth groups will have to
sign up for the National Register of Young People's Associativism (RNAJ), together
Portuguese Institute of Youth (IPJ).
CHAPTER II
Constitution of the associations
SECTION I
Of the juvenile associations
Article 5.
Constitution of juvenile associations
1. The juvenile associations constitute with the approval of the respective statutes
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in General Assembly, expressly convened for the purpose.
2. Your constitution shall comply, obligatorily, to the minimum of 20 associates,
exclusively individual persons, which should participate in the assembly
general constitution of the association and subscribe to the respective minutes, owing, in
any case, the requirements set out in Article 2 (1) shall be complied with.
3. Juvenile associations may have registered office in national territory or outside of it,
being that, in the latter case, their associates should be, majority-owned,
citizens of Portuguese nationality.
4. For the purposes of the preceding paragraph, it is necessary that the juvenile associations
correspond to the criteria set out in Article 2º of this diploma.
Article 6.
Legal personality
1. For the acquisition of legal personality, the juvenile associations send to the
IPJ, by deposit or registered letter with notice of receipt, the statutes and the minutes of
approval of the constitution of the association, as well as the document of
admissibility of the name of the association, chargable in the legal terms.
2. For the purpose of assessing the legality, the IPJ sends the documentation referred to in the
previous number to the Public Prosecutor's Office, which is expected to pronounce within 30
days. The non-pronouns of the Ministry Publico within the said deadline implies
deferral of the constitutive act of the association.
3. Juvenile associations acquire legal personality after publication,
free of charge, by IPJ, of the statutes referred to in paragraph 1 of this Article, in the III-Series
of the Journal of the Republic.
4. Irrespective of the provisions of the preceding paragraphs, the constitution and
acquisition of legal personality by the youth associations can also
process in the general terms of civil law.
5. The IPJ will provide the necessary support to the constitution of the youth associations in the
terms of this Law.
6. To the IPJ it is also up to the mandatory publicitation in the Youth Portal, of the
constitution and legal personality acquisition of the juvenile associations, then
of compliance with paragraph 3 of this Article.
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7. For the purpose of changes to the statutes of juvenile associations apply the
rules disciplined in this section for the respective constitution.
8. The associations constituted in the terms of this article are officially entered
in RNAJ, after the submission of the commencement of the commencement of activity.
SECTION II
From student associations
Article 7.
Constitution of student associations
1. Student associations are divided into two large groups: the
associations of elementary and junior high school students and the associations of
students of higher education.
2. Student associations constitute with the approval of the respective
statutes in general assembly, expressly convened for the purpose.
3. The conditions of admission of partners, as well as the rights and duties of the
same, will be defined by the respective statutes of each association.
4. The convener of the general assembly is to be subscribed by 10% of the students
representing, communicated with the minimum advance of fifteen days, and affixed
in all independent buildings where activities usually arise
school.
5. The draft of statutes that obtains the absolute majority is deemed to be approved
of the validly cast votes.
6. In case none of the projects get the absolute majority of votes validly
expressed, a second vote shall be carried out between the two projects more
flown, within a maximum of 72 hours.
Article 8.
Legal personality
1. For acquisition of the legal personality, the student associations send
to the Ministry of the Tutela of the educational establishment concerned, by deposit or
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registered letter with notice of receipt, the statutes, the minutes of its approval and the
document of admissibility of the name of the association, which will proceed to its
free publication in the 3rd 9th Series of the Journal of the Republic.
2. The student associations of educational establishments located in the
autonomous regions acquire legal personality by the deposit or dispatch of a
registered letter with notice of receipt, of the statutes and of the minutes of its approval, to
respective Regional Secretaries of Education, and, after free publication in the
respective official newspapers of the autonomous regions.
3. For the purpose of appreciation of legality, the services of the Ministry of Tutela
send the documentation referred to in the previous figures to the Public Prosecutor's Office, the
which one is expected to pronounce within 30 days. The non-pronouns of the Ministry
Publico within the said period implies deferral of the constitutive act of the
association.
4. Student associations acquire legal personality after publication
free of the statutes, by the Ministry of Tutela of the educational establishment in
cause, in the 3rd grade of the Journal of the Republic.
5. Amendments to the statutes of student associations shall be subject to the
rules set out in this section for the respective constitution.
SECTION III
From federations of associations
Article 9.
Constitution of federations of associations
1. The juvenile and student associations regulated by this diploma may
constitute federations of sectoral, local, regional, national or international scope
with identical or similar purposes to their own.
2. The federations of associations may be constituted as long as there is a
minimum number of five associations, which intervene in areas of action
identical.
3. The composition of the governing bodies of the federations of juvenile associations
obeys the anticipated age requirements for such associations.
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4. The federations of juvenile and student associations may also be
seated on national territory or outside of this, in the same terms of the respective
associations that make them up.
5. The standards relating to the juvenile and student associations provided for in this Law
are applicable, with the necessary adaptations, to their federations.
CHAPTER III
Rights and duties
Section I
General rights
Article 10.
Supports
1. Associations and informal groups of young people are entitled to support by the
State in the terms provided for in this Law and in the diplomas of regulation
owing, to this, to fulfill the duties in them established.
2. In addition to the provisions of the preceding paragraph, the juvenile associations, have, as yet,
right to a specific support aimed at the development of its activity to
grant by the State in the terms provided for in this diploma, respecting the
necessary principles of transparency and evaluation.
3. The supports to be granted should rewear the following forms:
a) financial;
b) technical;
c) formative.
Article 11.
Heritage and facilities
1. The associations manage independently and uniquely the heritage that
is affection.
2. Student associations have, as yet, right to have facilities
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own in the educational establishments to which they are affected, ceded by the
executive and management bodies of the respective school establishments, by
form the best to continue and develop their activity.
3. It is up to the student associations the obligation to monitor for conservation and the
proper functioning of the respective heritage and facilities.
Article 12.
Antenna time
1. The associations are guaranteed the right to time of antenna, pursuant to the Law of
Television and the Radio Act, to mice according to its representativeness, being that
this right can only be exercised by means of federative organizations.
Article 13.
Tax breaks and perks
The associations benefit from the following perks and tax exemptions:
a) Exemption from the Tax of the seal;
(b) Exemption from prepares and court costs;
(c) Exemption from the fees provided for in the legislation on performances and divertiments
public;
d) Exemption as to the emoluments in the requests for non-debt certificates to the
finance and social security;
e) VAT recovery, in activities carried out exclusively for young people, in the
maximum amount corresponding to seven times the value of the national minimum wage
of the general scheme, set for the year in question, provided that the respective associations
are entered in the RNAJ;
f) too much tax benefits legally assigned to legal persons of
public utility.
Article 14.
Young mecenate
1. To donations in cash or in kind granted to the associations, with a view
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the full or partial financing of its activities or projects, the
special regime of the young mecenate.
2. To the young mecenate applies, extensively, the scheme provided for in the art. 3. of the
Statute of the Mecenate (Decree-Law No. 74/99 of March 16, amended by the Laws
n. 160/99 of September 14 and No. 26/2004 of July 8), concerning the mecenact
cultural, environmental, scientific or technological, sporting and educational.
3. The recognition of the situations of application of the young mecenate regime is
of the competence of the member of the Government responsible for the area of youth.
Article 15.
Right of representation of juvenile associations
1. juvenile associations have the right to be represented in the organs
advisory, national, regional or local level with assignments in the field of
definition and planning of youth policies as well as in the bodies
legally provided for co-management in the implementation of youth policies.
2. The right provided for in the preceding paragraph shall only be exercised by
intermediate of federative organizations.
SECTION II
Specific rights of secondary school student associations
Article 16.
Right of participation in school life
1. Secondary school student associations should participate in life
school, and may be consulted in the following areas:
a) Definition of educational policy;
b) Monitoring of the activity of the management bodies and school social action;
c) Intervention in the organisation of circum-school and sport activities
school;
d) Management of convivial spaces and sport, as well as in other areas
equivalents, affectations to student activities.
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2. The executive and management bodies of educational establishments shall
support the intervention of secondary school student associations in the
scola-bonding activities.
SECTION III
Specific rights of the students ' associations of higher education
Article 17.
Right of participation in the definition of educational policy
1. Associations of higher education students have the right to participate in the
advisory bodies, at the national or regional level, with assignments in the field of
definition and planning of the education system.
2. The right provided for in the preceding paragraph shall only be exercised by
intermediate of federative organizations.
Article 18.
Right of participation in the drafting of the teaching legislation
1. The federations of student associations of higher education can issue
opinions during the process of drafting legislation on teaching,
particularly in relation to the following areas:
a) Definition and planning of the education system;
b) Management of universities and schools;
c) Access to higher education;
d) School social action;
e) Plan of studies, restructuring of courses, degrees of training and habilitations.
2. For the purpose of the provisions of the preceding paragraph, the draft diplomas
legislative, after advertised, will be remitted to federations of associations of
students of higher education, for these to speak out in a time frame never
less than 30 days.
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Article 19.
Right of consultation on the main deliberations of the governing bodies of the
schools
1. Associations of students of higher education can be consulted by the
governing bodies of schools in relation to the following subjects:
a) Plan of activities and budget plan;
b) pedagogical orientation and teaching methods;
c) Plans of study and knowledge evaluation regime.
d) Fundamental basics of school social action policies, to be implemented in the
respective educational establishment;
e) Management of existing facilities, namely, convivid rooms, refectories,
theatres, exhibition halls or from conferences, playing fields and too much
existing facilities in school buildings or affections to school activities,
which are intended for the use of the students of more than one educational establishment,
to the joint use of various circum-school bodies, to the indiscriminate use and
polyvalent of students and remaining elements of the school, or the use of the public in
general.
2. The consultations provided for in the preceding paragraph shall allow the associations to
students of higher education if they are able to pronounce in no less than eight
days, from the date on which they are provided with consultation.
Section IV
Duties
Article 20.
Duties of the associations entered in the RNAJ
1. It is the duty of the associations entered in the RNAJ to have no debts to the fisc, nor to the
social security, implying the existence of such debts the cancellation of
any application to support programmes on the part of the IPJ, as well as the
automatic suspension of enrollment in RNAJ.
2. It is the duty of these associations to maintain an accounting organization, with the
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the entities that are eligible for the multi-annual support modality, as well as
those that present plans for activities of more than € 100,000, have to
have organized accounting, on the terms set out in the law.
3. It is the duty of all entities that are supported by the IPJ to draw up reports
of accounts and activities, in the terms provided for in this Law and diplomas of
regulation.
4. It is the duty of all entities that are funded by the IPJ to identify and
publicize that support.
CHAPTER IV
Programs in support of young associativism
Article 21.
Financial support
1. Financial support to be granted by the IPJ is framed in the following
programmes, to be regulated by the Government:
a) Support Programme A: aims to support the development of activities by
part of the youth associations and informal youth groups;
b) Support Programme B: aims at support for investment in Infrastructure and
Equipment that is intended for activities and the physical space of entities
juveniles;
c) Support Programme C: aims for financial support for the activity of the associations of
students.
2. The Support Programme A contemplates three specific modalities of support
financial:
a. Multiannual financial support (of 2 years), being only eligible applications from
juvenile associations;
b. Annual financial support, being only eligible applications from associations
juveniles;
c. punctual financial support, being eligible applications from juvenile associations and
of informal groups of young people.
3. In the modalities of annual and punctual support will only be accounted for
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expenses related to the implementation of the plan of activities presented and
supported.
4. The B Support Programme, concerning financial support for infrastructure and
equipment, contemplates two measures, which can be granted in the
modalities of multiannual or annual financial support:
a. Measure 1-Financial support for infrastructure: which contemplates support for
construction, repair and acquisition of spaces for the realization of activities and
sedes facility, being only eligible applications from juvenile associations.
b. Measure 2-Financial support for equipment: which contemplates the supports to
purchase of equipment for the head office and for the carrying out of activities of the
associations.
5. The support to be granted to youth associations seated outside the national territory
is the modality of punctual financial support.
6. The C Support Programme contemplates two measures:
a. Measure 1-punctual financial support, for support of the associations of
students of secondary and higher education.
b. Measure 2-Financial support, of an annual character, for support of the associations of
students of higher education, with the exception of federations.
7. Without prejudice to the specific forms of support on the part of the Government or
any other entities, the students ' associations of the basic education and
secondary are entitled to receive 75% of the students ' contributions annually
for circum-school activities. The amount in question will be paid, by one
time, by the management bodies of schools to the student association, up to 30 days
after the beginning of the academic year or the taking of the direction of the association, in the
year of its constitution.
Article 22.
Technical support
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The technical support is provided by the IPJ, namely, in the areas of advice
legal, accounting and taxation, engineering and architecture, technologies of
information and communication, and will be included in the scope of the Programs that come to
be approved, in the framework of this Law.
Article 23.
Formative support
1. formative support will be carried out through a Formative Program
Specific to regulatory having the aim to empower and develop
skills for the performance of the functions of the leaders of the associations
juveniles and student associations.
2. In The Specific Formative Program will be defined the respective areas of
intervention, on which the perpetrators of the youth and student associations
representative should issue a prior opinion.
3. The management of this programme is the competence of the IPJ that will be able to establish
partnerships with public or private entities for its implementation.
4. The Programme will contemplate a Training Plan composed of a set of
annual and / or multiannual measures.
Article 24.
Applications for support programmes
1. Associations entered in the RNAJ may apply for financial support from the
State, through the IPJ, for the pursuit of its ends.
2. The modalities of support granted shall not be cumulated.
3. The assessment of applications for support shall take into account, inter alia, the
following criteria:
a) Capacity of self-financing.
b) Number of young people to be covered in the activities.
c) Enforcement of the activities included in the plan of activities presented to the
IPJ in previous application.
d) Regularity of activities throughout the year.
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e) Impact of the project in the medium of action and in the association (expected modifications
and its importance), referred to in the application.
f) Race between expenditure on human resources and operation at the full cost
of the project.
3. The IPJ will always request supporting documents and justifications of the
activities and supported initiatives.
4. The IPJ proceeds annually to the publication in the Journal of the Republic of the list of the
financial supports granted, pursuant to Law No. 26/94, of August 19, well
as in the Youth Portal.
Article 25.
Extension of support programs to other entities
1. The non-profit entities, of recognized merit and social importance,
that carry out activities specifically aimed at young people, recognized by
dispatch of a member of the Government, pursuant to Article 2 (3) and (4), may
apply for punctual financial support for activities, under the Programme
of Support A, provided for in point (c) of Article 21 (2).
2. Only applications revealing a manifest importance will be eligible
social and strategic of the activities concerned, within the framework of the priority areas
defined, upon dispatch of the Member of the Government responsible for the area of
Youth.
3. The entities carrying out activities whose recipients are the young,
candidates for the support programmes on the part of the IPJ, will also have to make the
its enrollment in RNAJ, with it being for them created a specific record.
CHAPTER V
Status of the young associative leader
Article 26.
Young associative leader
1. For the purposes of the application of this diploma, benefit from the status " official
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associative young person " the members of the direction of any youth association or
student, seated in the national territory, who find themselves inscribed in the RNAJ.
2. The regional governing bodies of the associations consider themselves to be governing bodies
for the purposes of the provisions of the "status of the young associative leader", provided that
elected pursuant to the terms of the respective bylaws.
3. For the purpose of application of this statute the associative leaders of the
associations are obliged to the following limits:
a) In the juvenile associations:
i. up to 250 young associates: up to 5 leaders;
ii. between 251 a to 1000 young associates: up to 7 leaders;
iii. between 1001 a to 5000 young associates: up to 11 leaders;
iv. between 5001 a to 10000 young associates: up to 15 leaders;
v. with more than 10000 young associates: up to 20 leaders;
vi. that have more than 20000 young associates, to the number of leaders referred to
in point (v), shall add a leader for every 10000 young associates who are enrolled.
b) For student associations are valid the limits set out in points
previous, taking into account the criterion corresponding to the number of students per
establishment of teaching.
c) For partisan and union juventudes, the limits set out in the
(a), taking into account the associates of the structure representing the leader
associative, and may this be of national or regional scope.
4. Each association shall indicate to the IPJ by sending the copy of the minutes of the
taking possession of the associative leader, within 20 working days of the
date of the same, the number of members of the governing bodies to be covered by the
respective status.
5. Any possible suspension, completion or loss of mandate of the leaders
referred to in the preceding paragraph shall be communicated by the respective association to the
IPJ, within 15 working days, from the date of your knowledge or
efectivation.
Article 27.
Rights of the young associative leader
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1. The young associative leader, in the length of his term of office, enjoys the
following rights:
a) Revelation of missing classes motivated by the comparency in meetings of the
organs to which they belong, in the case of these coincidirem with the lective time;
b) Revelation of missing classes motivated by the comparency in acts of manifesto
associative interest.
2. Within the scope of secondary education, the revelation of falters in the terms of the number
previous may not exceed one third of the maximum limit of missed set by
law.
3. The revelation of the flawed depends on the presentation to the executive management body of the
establishment of document teaching proving the comparability in the
activities provided for in paragraph 1.
4. Compete to the executive body of the educational establishment decide, on the deadline
maximum of 15 days counted from the delivery of the document provided for in the number
previous, about the grounds relied on for the purpose of revelation of falters.
5. Of the decision provided in the preceding paragraph shall be appean to the administration
respective education regional, in the case of secondary education, Reitoria and Institute
Polytechnic, respectively, in the case of higher education.
Article 28.
Rights of the associative leader young student of higher education
1. In addition to the rights referred to in the previous article, the young associative leader
student of higher education can, still, benefit from the following:
a) Rewant up to 5 exams in each academic year, one for each discipline, in addition
of the examinations at the normal and special times already enshrined in the legislation in force.
b) Advances the presentation of written works and reports, according to the
internal standards in force in the respective educational establishment.
c) Realize, on date to be combined with the lecturer, or in accordance with the standards
internal in force, the written tests to which it has not been able to appear due to the
exercise of indefatible associative activities.
2. For the purpose of the provisions of paragraph (c) of the preceding paragraph, the student who is
associative leader obliges to, within 48h from the time when
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have knowledge of associative activity, deliver supporting document
of the same.
3. The exercise of the rights referred to in the number one of this article depends on the
prior submission in the services of the Registrar, of the competent establishment of
teaching, of certifying the minutes of taking possession of the associative direction, on the deadline
of 30 working days after same.
4. The non-presentation by the associative direction of the document referred to in the
previous number, within the established time limit, has as a consequence non-application
of this statute.
5. The rules provided for in this article may be adapted internally by the
institutions of higher education, attending to their specificities and, in respect of
by Law No. 108/88 of September 24, by Law No. 54/90 of September 5,
as well as by the statutes of each higher education establishment.
Article 29.
Extension of the scheme
The scheme provided for in Articles 27 and 28 of this diploma, is also applicable,
with the necessary adaptations, to the student representatives in the executive body
of the respective educational establishment.
Article 30.
Associative leader young worker on account of outrain
1. Workers on account of outrain, covered by this statute, shall enjoy
of the right to obtain unpaid leave for the exclusive exercise of its
associative activities, regardless of their contractual situation.
2. The license provided for in the preceding paragraph, may only be required twice and
enjoyed for the maximum period of one consecutive month at a time.
3. The licence provided for in paragraph 1 of this Article implies the loss of the right to
retribution, not impaired, for the due effects, the time count as
effective service, taking into account applicable legislation.
4. The time referred to in the preceding paragraph counts, for the purpose of retiming and
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allocation of the survivor's pension provided that the maintenance of the
corresponding discounts on the basis of the remuneration earned at the date of its
concession by the person concerned.
5. The unpaid leave situation can only be obtained upon request
writing from the beneficiary association to the employer.
Article 31.
Associative leader young civil servant
1. Public employees with less than 30 years covered by the present
status enjoy the right to obtain unpaid leave or to exercise theirs
associative activities in requisition regime.
2. The permit provided for in the preceding paragraph shall imply the loss of the right to retribution,
but counts as effective time for all too many effects, without prejudice to the
provisions of the Decree-Law No. 100/99 of March 31.
3. The situation of unpaid leave or requisition leave is obtained by
written request from the beneficiary Association to the maximum manager of the service a
whose frame the employee belongs to.
4. The unpaid leave requested in the terms of the preceding paragraph shall be
required under applicable law and in force.
5. The requisition lacks permission from the maximum officer of the service to whose table
the employee belongs, owing in a negative case to be duly substantiated.
6. The exercise of the rights referred to in paragraph 1 depends on the prior presentation in the
competent service of certificate of the minutes of taking possession of the management
associative, within 30 working days after the same.
7. The non-presentation by the associative direction of the document referred to in the
previous paragraph at the established deadline has as a consequence the non-application of the
present status.
Article 32.
Extension of the scheme to student representatives in the governing bodies of the
respective educational establishment
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The scheme provided for in Articles 33º to 35º is also applicable, with the necessary
adaptations, to student representatives in the respective management bodies of the respective
establishment of teaching.
Article 33.
Cessation of status
Associative leaders who cease or suspend, for any reason, the
exercise of their activity lose the rights provided for in this statute.
Article 34.
Responsibility for the provision of false statements
The provision of false statements on the part of the young associative leader is
subject to disciplinary, civil and criminal liability under the law.
CHAPTER VI
Status of public utility
Article 35.
Allocation of the status of public utility
1. Associations with effective and relevant activity and uninterrupted registration together
from IPJ there are at least five years have the right to recognition as persons
public utility collective for all legal effects, as long as they fill in
the requirements set out in Article 2 of the Decree-Law No 460/77 of November 7.
2. Compete to the Prime Minister, preceding advice from the IPJ, acknowledge the
fulfillment of the conditions referred to in the preceding paragraph and issue the respective
declaration of public utility.
3. The declaration of public utility referred to in the preceding paragraph shall be published in the
Journal of the Republic.
4. It is delivered to the associations the subject of declaration of public utility the
corresponding diploma, in the terms of the general law.
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5. The associations to which the previous figures are referred to are waived from the
record and other obligations provided for in Decree-Law No. 460/77, 7 of
November, without prejudice to the provisions of Article 12 of the same legal diploma.
6. The declaration of public utility granted under the provisions of the present
article and the inherent regalies cease:
a) With the extinction of the legal person;
b) By decision of the Prime Minister, if you have left to check any of the
assumptions of the statement;
c) With the cancellation of the registration with the IPJ.
CHAPTER VII
National Register of Young Associativism (RNAJ)
Article 36.
National Register of Jovem Associativism
1. The IPJ organizes the National Register of Young People's Associativism (RNAJ).
2. Can enroll in RNAJ the federations of juvenile and student associations,
the youth associations, the student associations, the informal groups of
young people,
as well as the entities provided for in Article 25º, carrying out activities whose
recipients are the young people and who wish to apply for the support programs
on the part of the IPJ.
3. Enrollment in RNAJ is an essential requirement for the application for supports
granted by the IPJ.
4. The IPJ permanently makes available in electronic registration the list of the
associations inscribed in the RNAJ.
5. Associations federations should refer to the IPJ the list of the associations that
they make up them in the act of enrolment in RNAJ and, annually, upon renewal
of the maintenance request in RNAJ.
Article 37.
Organization of RNAJ
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RNAJ is composed of the following different archives, the ones of which comply with the
division of the types of young associativism defined in this Law:
a. File 1-concerning the juvenile associations;
b. File 2-relating to student associations;
c. File 3-concerning the informal groups of young people.
d. File 4-relating to entities carrying out activities for young people,
provided for in paragraph 1 of Article 25º.
Article 38.
Enrollment in RNAJ
1. Youth associations, student associations, informal groups of young people and
entities carrying out activities for young people, candidates for enrolment in RNAJ,
should instruct their process in accordance with the constant documents in
RNAJ Regulation to be published by the member of the Government that guardiits the area of
Youth.
2. The IPJ proceeds officiously to the register of the associations constituted in the terms
of Article 6 of this Law.
Article 39.
Update of the registration
1. All entities entered in the RNAJ should update their registration, from
agreement with the RNAJ Regulation to be published by the member of the Government that
tutelage the Youth area.
2. Associations entered in the RNAJ are, still, obliged to send to the
IPJ all changes to the elements provided when the process statement
of enrollment, within 30 days of the date on which such
changes.
3. The IPJ promotes the modification of the registration, officiously or at the requirement of the
interested.
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Article 40.
Suspension of the Register
1. The inscription on the record is suspended, by reasoned decision of the IPJ, whenever
the entered entity, after duly notified, does not send:
a) the documentation for the registration;
b) Other elements that are requested to you under this Act.
2. The suspension cesses when the entity complies with the obligations referred to in the number
previous.
3. Associations may apply for the suspension of their registration whenever they
check your temporary impossibility of meeting the requirements of
qualification.
Article 41.
Cancellation of the Register
1. Registration is annulled when the enrolment of the entity is suspended by a
period of more than three years.
2. The registration in RNAJ will, as yet, be annulled at the request of the entity or with the
dissolution of the same.
CHAPTER VIII
Surveillance and sanctions
Article 42.
Surveillance
1. The IPJ or, at its request, other bodies of the Public Administration, may
carry out after reasoned decision, surveys, audits and inspections to
youth associations, student associations and groups of young people, namely,
for verification of the information due by those associations in the framework of
present law and its supplementary legislation.
2. In the surveys, audits, syndications and inspections carried out in the terms of the
previous number, may result, among other measures, the suspension or cancellation of the
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enrollment of the associations or youth groups in RNAJ, when you check in
the failure to comply with the law or the failure to fulfil the requirements required for
registration effects as well as the return of the financial supports unduly
received and application of the respective penalties provided for in this Law.
3. Youth and student associations and informal youth groups must
provide IPJ, on the deadline by this fixed, all the documents requested for
clearance of the duties contained in this Act and its legislation
complement.
Article 43.
Financial irregularities and sanctions
The irregularity in the application or justification of the financial supports provided for in the
present law implies:
a. The cancellation of the support and the reposition of the amounts already received;
b. The inhibition of running for financial support from the IPJ for a period of two years;
c. Civil and criminal liability in the general terms.
CHAPTER IX
Final and transitional provisions
Article 44.
Autonomous regions
The provisions of this diploma in respect of the acquisition of personality
legal on the part of the associations, supports, status of the young associative leader,
status of public utility and registration passes, with the necessary adaptations, to be
of the competence of the respective regional bodies.
Article 45.
Transcript of records
1. The juvenile associations already entered, in registration promoted by the IPJ, before the
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entry into force of this Law, shall officiously transit to RNAJ, once
filled with the mandatory requirements and provided for in this Law.
2. For the purposes of the provisions of the preceding paragraph, it shall be up to the IPJ to notify the
juvenile associations.
Article 46.
Regulation
This Act shall be the subject of regulations within 90 days.
Article 47.
Repeal
The Act No 33/87 of July 11 is repealed on the Associations of
Students, the Decree-Law No. 91-A/88 of March 16 on the Rights and
Perks of the AAEE, which regulated Law No. 33/87, and Law No. 6/2002, of 23
of January, the Law of Juvenile Associativism. It is further repealed the Decree-Law n.
152/91, of April 23, concerning the Statute of the student associative leader.
Article 48.
Entry into force
1. In the Party which does not need to regulate the present law shall come into force in the
day after that of its publication.
2. The provisions of this Law not covered by the preceding paragraph shall enter into
vigour with the publication of the respective regulations.
Palace of Saint Benedict, January 31, 2006.
The Deputies,