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Establishes The Legal Regime Of Youth Associations.

Original Language Title: Estabelece o Regime Jurídico do Associativismo Jovem.

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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

26

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,