Regulates The Exercise Of The Right Of Free Movement And Residence Of Eu Citizens And Their Family Members In The National Territory And Transposes To The Internal Legal Order The Directive No. 2004/38/ec Of The European Parliament And Of The Council

Original Language Title: Regula o exercício do direito de livre circulação e residencia dos cidadãos da União Europeia e dos membros das suas famílias no território nacional e transpõe para a ordem jurídica interna a Directiva n.º 2004/38/CE, do Parlamento Europeu e do Conselho,

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624459344c5667755a47396a&fich=ppl68-X.doc&Inline=false

DRAFT law No. 68/X explanatory memorandum the present law regulates the exercise of the right of free movement and residence of EU citizens and their families and transposes to the internal legal order the directive no. 2004/38/EC of the European Parliament and of the Council of 29 April 2004. The right to free movement and residence in the territory of the Member States of the European Union is a fundamental right inherent in the status of individual and citizenship of the Union, which is an essential status of nationals of the Member States. For which this right can be exercised under objective conditions of freedom and in consideration of the maintenance of the household of the Union citizen exercising the right of free movement and your residence it is necessary that this be also granted to their family members, including the person with he lives in domestic partnership, regardless of your nationality. It is necessary to ensure EU citizens and their families the right to remain in the national territory for a period up to three months without subjection to any other formality other than the possession of a valid identity card or passport. This regime shall apply without prejudice to more favourable treatment of EU citizens seeking employment, as well as any restrictions to stop people exercising your right of residence do not become a burden on the social security system. In order to facilitate the individual right of citizens of the Union to reside in the national territory for more than three months, a simple registration system, passing the residence card required only to family members who have the nationality of a third State. In the event of the death of the Union citizen, divorce, annulment of marriage or of cessation of de facto Union is given legal protection to families, which, under certain conditions, retain the your right of residence. Without prejudice to the interests of public order and public safety and the conditions of employment 2/23 subordinate or independent workers or jobseekers, the holders of the right of residence can only be removed if they become an excessive burden to the social security system, and may not be an automatic consequence of the clearance this recourse to social security benefits. Any citizen of the Union or your family member residing in the national territory for a period of five years to acquire, without any additional condition, a permanent right of residence, without prejudice to more favourable regime applicable to community workers. In compliance with the Community principle of the prohibition of discrimination on grounds of nationality, is guaranteed the equal treatment of citizens of the Union and their family members residing in the national territory. This scheme applies without restriction to the holders of the right of permanent residence, settling in accordance with Community law restrictions in the first three months of residence or for longer period in the case of jobseekers, persons who do not benefit from the subordinate or independent worker status or their families, with regard to the granting of social security benefits and scholarships. In compliance with Community law in force in the restrictions on the exercise of the right of free movement and residence on grounds of public policy, public security or public health this law lays down precise conditions for decisions to refuse entry or removal, as well as procedural safeguards. On the other hand, the removal will be subject to the principle of proportionality and must always consider the degree of integration of the affected person. In accordance with the case-law of the Court of Justice, EU citizens and their family members affected by a measure of prohibition of entry shall be entitled to ask your entry into national territory, the latest after a period of three years following the decision of prohibition of entry. In order to avoid the abusive exercise of the right of free movement or administrative arrangements are hereby introduced for fraud. In compliance with the obligations undertaken in the free movement of nationals of the States parties to the European economic area and nationals of Switzerland will be applied to the legal regime of free movement and residence that exists for citizens of the Union and their family members.

3/23 in the same way, and taking into account the principle of equal treatment, the scheme now proposed, it will also be applied to family members of national citizen, regardless of your nationality. Was heard the National Association of Portuguese municipalities.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter 1-this law transposes to the internal legal order the directive no. 2004/38/EC of the European Parliament and of the Council of 29 April 2004 and lays down : a) the conditions governing the exercise of the right of free movement and residence on the national territory by citizens of the Union and their family members; b) the legal regime of the right of permanent residence in the national territory of citizens of the Union and their family members; c) limitations to the rights referred to in subparagraphs (a) and (b))), founded on grounds of public policy, public security or public health. 2. this law also establishes the legal regime of entry, residence and expulsion of nationals of States party to the European economic area and Switzerland and members of your family, as well as the relatives of nationals, regardless of your nationality.

Article 2 definitions for the purposes of this law: (a)) «Union citizen» means any person having the nationality of a Member State; b) ' Member State ' shall mean any Member State of the European Union, with


4/23 except Portugal; c) ' host Member State ', Portugal, as a Member State where the Union citizen moves in order to exercise your right of free movement and residence. d) ' third country ' means a State which is not a member of the European Union. e) «family»: i) the spouse of a Union citizen; II) the partner with whom a Union citizen lives in domestic partnership, established in accordance with the law or with whom the Union citizen maintains a durable relationship, duly attested by the competent authority of the Member State where he resides; III) the direct descendant under 21 years of age or who is in charge of a citizen of the Union, as well as the spouse or partner as defined in point (I) above; IV) direct ascendant is in charge of a citizen of the Union, as well as the spouse or partner as defined in point (ii)); f) «sufficient resources», the capabilities of non-citizen below the income level below which the Portuguese State may grant rights and social aid to nationals, taking into account the personal situation of the citizen and, where appropriate, to their families.

Article 3 personal Scope of application 1 this law shall apply to all Union citizens travelling or residing in Portugal, as well as to their families, within the meaning of point (e)) of the preceding article, the escort or that they meet. 2-without prejudice to the right to free movement and residence of the person concerned, is facilitated, in accordance with the general law, the entry and residence of any other family member, regardless of your nationality, not covered by subparagraph (e)) of the preceding article which, in the country from which it comes, be borne by the citizen of the Union who has the right of residence the main title or with this live in communion of housing , or when a citizen of the Union has imperatively to care personally of your family member for serious health reasons.

5/3-23 the decision concerning the entry and residence of persons referred to in paragraph 1 may only be taken after consideration of all relevant personal circumstances and must be substantiated any denial of entry or residence permit. 4-legal provisions referring to the citizens of the Union shall be understood as covering nationals of States party to the agreement on the European economic area and nationals of Switzerland. 5-The provisions of this Act applicable to family members are extensible to family members of citizens of Portuguese nationality, regardless of your nationality.

CHAPTER II entry and Exit from national territory article 4 entry into national territory 1-EU citizens shall be permitted entry into the national territory, by the simple presentation of an identity card or valid passport and no entry visa or equivalent formality. 2-family members of Union citizens who are not nationals of a Member State are allowed in national territory upon presentation of a valid passport, only subject to the visa requirement of entry in accordance with the rules in force in the European Union, benefiting, however, of all the facilities for obtaining the necessary visas, which are granted on a royalty-free basis and with special processing to ensure the speed on the issue. 3-The family of a citizen of the Union who are nationals of non-Member State and are subject to the visa requirement of entry in accordance with the rules in force in the European Union can enter without a visa when holders of valid residence card, in which case it is not bet entry stamp in the Passport. 4-If a Union citizen, or a family does not have your of the necessary travel documents or, if applicable, the necessary visas, benefit from the possibility to obtain such documents or to be sent within a reasonable period of time, as well as the possibility to confirm or prove by other means that your quality of holders of the right to free movement and residence.

6/23 5-the familiar, which is not a national of a Member State, must communicate your presence in the national territory in accordance with law, non-compliance with this obligation being punished under the law of entry, stay, departure and removal of aliens.

Article 5 national territory 1 output-Without prejudice to the provisions on travel documents applicable to national border controls, has the right to leave the national territory all Union citizens with a valid identity card or passport, as well as their families, to carry a valid passport not required an exit visa or equivalent formality. 2-the passport must be valid at least for all Member States and for countries through which the holder should use when travelling between Member States. 3-is not I bet exit stamp in the passport of a familiar, if even present the residence card.

CHAPTER III right of residence up to three months article 6 right of residence up to three months 1-Union citizens have the right to reside in the national territory for a period up to three months, without other conditions and formalities in addition to ownership of a valid identity card or passport. 2-the provisions of the preceding paragraph shall also apply to family members, bearing a valid passport, escort or joining the Union citizen.

CHAPTER IV right of residence for more than three months article 7 right of residence of Union citizens and their family members 7/23


1-any citizen of the Union has the right to reside in the national territory for a period exceeding three months, as long as you meet one of the following conditions: (a) Practising in Portuguese territory) a subordinate or independent professional activity; b) has sufficient resources for themselves and for their families, as well as health insurance, since it is required in your Member State nationality Portuguese citizens; c) is registered in a public or private educational institution, officially recognized, provided that proves, by declaration or other evidence to your choice, the possession of sufficient financial resources for themselves and for their families, as well as having health insurance, since this is required in your Member State nationality Portuguese citizens; d) Is accompanying family or meets a Union citizen covered by above. 2-also have the right to reside in the national territory for a period exceeding three months, the family members who are not nationals of a Member State, accompanying or joining a Union citizen who satisfies the conditions referred to in points (a)), b) or c) of the preceding paragraph. 3-For the purposes of point (a)) of paragraph 1, the citizen of the Union who have ceased to exercise a professional activity maintains the subordinate or independent worker status in the following cases: (a)) when you have a temporary incapacity for work resulting from illness or accident; b) when you are in duly recorded involuntary unemployment after completing and is registered with the Institute of employment and vocational training as a candidate for a job; c) When attending a vocational training, provided there is a relationship between the previous occupational activity and training concerned, unless the citizen is in situation of involuntary unemployment.

Article 8 preservation of the right of residence of family members of citizens of the Union 8/23 1-death or departure from the national territory of a citizen of the Union, as well as divorce, annulment of marriage or termination of domestic partnership does not imply the loss of the right of residence of family members, regardless of your nationality. 2-until you acquire the right of permanent residence, family members referred to in the preceding paragraph who are nationals of a Member State shall comply with the conditions laid down in (a)), b), c) or d) of paragraph 1 of article 7 3-until you acquire the right of permanent residence, family members referred to in paragraph 1 who are nationals of non-Member State retain the your right of residence provided they possess one of the following conditions : a) engaged in independent or subordinate; b) Have, for themselves and for their families, sufficient resources and health insurance; c) Are relatives of a person who satisfies the conditions referred to in points (a)) or (b)), since the family has been established in the national territory. 4-the departure of the national territory of a citizen of the Union or your death does not imply the loss of the right of residence of their children residing in Portugal and are attending a course in educational establishment, as well as the person your effective guard.

Article 9 right of residence preservation 1-citizens of the Union and their family members have the right of residence referred to in articles 7 and 8 while they fulfil the conditions laid down therein. 2-verification of the conditions laid down in articles 7 and 8 shall be admissible only in specific cases where there is reasonable doubt as to whether a Union citizen or his/her family members fulfil these conditions and as long as it's not done systematically. 3-the Portuguese social security system by a citizen of the Union or their families do not have as a consequence the automatic loss of the right of residence.

9/4-23 by way of derogation from paragraph 1 and without prejudice to the provisions of Chapter VIII, on no account can be taken a removal order against Union citizens or their family members, in the following cases: a) Are subordinate or independent workers; b) citizens of the Union have been in Portugal to seek employment and prove that continue to seek employment. 5-does not constitute grounds for expulsion from national territory on expiry of the identity card or Passport on the basis of which the person concerned had entry into the territory and received a registration certificate or residence card. 6-the provisions of articles 25 and 26 shall apply mutatis mutandis to any decision of restricting the right of residence of Union citizens and their family members on grounds other than public policy, public security or public health, and in case of expulsion be imposed the ban on entry into the national territory.

Chapter V article 10 right of permanent residence permanent right of residence of Union citizens and their families 1-have the right of permanent residence Union citizens who have resided legally in the national territory, for a period of five consecutive years. 2-The same right enjoyed by family members, nationals of non-Member State, who have resided lawfully with the Union citizen in Portugal for a period of five consecutive years. 3-the permanent right of residence of Union citizens and their family members is not subject to the conditions laid down in chapter IV. 4-the continuity of residence shall not be affected by temporary absences not exceeding six consecutive months per year, nor by longer absences for compliance with the obligations of military service, or by one absence of a maximum of 12 months for proper reasons, such as pregnancy or childbirth, serious illness, study or vocational training, or a posting for professional reasons to another Member State or third country.

10/23 5-the citizen of the Union or your family just loses the right of permanent residence acquired due to lack of national territory for a period exceeding two consecutive years. 6-the continuity of residence may be attested by any means of admissible evidence. 7-the continuity of residence is broken by any valid decision of expulsion of the person concerned to be executed.

Article 11 exemption for employees who have ceased your business in Portugal


1-Notwithstanding the preceding article, shall enjoy the right of permanent residence in the national territory, less than five consecutive years of residence: a) The subordinate or self-employed workers, the date on which your activity ceased, have reached the age laid down by the law for entitlement to an old-age pension or workers subordinates who have ceased your activities by reason of early retirement , provided that they have worked in Portugal, at least, in the last twelve months and have resided there continuously for more than three years; b) subordinate or independent workers who have resided continuously in Portugal for more than two years and cease to your activity by reason of permanent incapacity to work; c) subordinate or self-employed workers, after three consecutive years of residence and activity in Portugal, carrying on the activity, your subordinate or independent, in the territory of another Member State, while retaining your residence in Portuguese territory to which they return, usually every day or at least once a week. 2-for the purposes of the acquisition of the rights set out in (a)) and (b)) of the preceding paragraph, the periods of activity in territory of the Member State in which a citizen in question works are considered to be held in Portugal. 3-periods of unemployment duly recorded by the Institute of employment and vocational training, the periods of suspension of activity for reasons unrelated to the will of the person concerned and the absence from work or cessation of work 11/23 by reason of illness or accident shall be regarded as periods of employment. 4-conditions of residence and duration of activity set out in (a)) of paragraph 1 and the condition of length of residence laid down in point (b)) of paragraph 1 shall not apply if the spouse or partner as defined in point (ii)) (e)) of article 2, the subordinate or independent worker is national citizen or you have lost the Portuguese nationality following marriage. 5-for the purposes of point (a)) of paragraph 1, if the citizen has exercised a self-employed which is not recognized under the law, the right to an old-age pension, the age requirement is considered filled when the person concerned reaches the age of 60 years. 6-for the purposes of point (b)) paragraph 1, if the failure has resulted from accident at work or an occupational disease which give right to the provision in whole or in part by a national institution, is excused the requirement of the period of residence.

Article 12 Derogations to family members of workers who have ceased your activities in Portugal 1-Without prejudice to the provisions of paragraph 2, the relatives of a subordinate or independent worker with him are residing in the territory have Portuguese, regardless of your nationality, right of permanent residence in the national territory, if the worker has acquired the right of permanent residence in Portugal in accordance with the previous article. 2-In case of death of the subordinate or independent worker, even during your professional life, but before having acquired the right of permanent residence in Portugal, in accordance with the previous article, the families that reside in the Portuguese territory are entitled to permanent residence, provided they fulfil one of the following conditions applies: the worker subordinate or independent), the date of your death , has resided in Portuguese territory for two consecutive years; b) your death has been caused by an accident at work or occupational disease; c) the surviving spouse lost the Portuguese nationality following 12/23 of the marriage to that worker.

Article 13 acquisition of right of permanent residence for family nationals of third States Without prejudice to the provisions of article 12, the family of a citizen of the Union, under the conditions laid down in paragraph 3 of article 8 acquired the right of permanent residence after having been legally resident for a period of five consecutive years in Portuguese territory.

CHAPTER VI administrative formalities section 1 right of residence for more than three months article 14 registration of citizens of the Union 1-EU citizens whose residence in national territory continues for more than three months must register that formalizes the your right of residence within 30 days from the expiration of three months after the entry into the national territory. 2-the registration referred to in the preceding paragraph shall be made by the Town Hall of the place of residence. 3-in the Act of registration shall be issued a certificate of registration, the model adopted by order of the Member of Government responsible for Internal Administration, with the name and address of the holder of the right of residence and date of registration. 4-the certificate of registration referred to in the preceding paragraph is valid for five years from the date of your issue, or for the period of residence of the Union citizen, if this period is less than five years. 5-For the issuance of the registration certificate of the Union citizen is required valid identity card or passport, as well as the Declaration, under rules of engagement, that the applicant satisfies the conditions referred to in points (a)), b), or (c)) 13/23 paragraph 1 of article 7, as the case may be. 6-For the issuance of the registration certificate of the Union citizen residing in familiar quality is required the presentation of the following documents: a) A valid identity card or passport; b) A document proving the family relationship or of the quality of partner as defined in point (ii)) (e)) of article 2, if those don't work; c) A registration certificate of the Union citizen accompanying or to which gather; d) documentary proof that the Office for the purposes of paragraphs (iii)) and iv (e))) of article 2; e) in the cases provided for in paragraph 2 of article 3, a document issued by the competent authority of the country of origin or provenance certifying that they are in charge of the Union citizen or living in communion with him, or proof of the existence of serious health grounds which require imperatively the personal assistance by the citizen of the Union.

Article 15 family residence card of a citizen of the National Union of third country


1-family members of Union citizens, nationals of non-Member State, whose stay in national territory continues for more than three months must apply for the issuance of a residence card, in accordance with approved by order of the Member of Government responsible for the area of internal affairs. 2-the application for the residence permit referred to in the preceding paragraph shall be made to the Board or the Regional delegation of the Foreign Service and borders of the area of residence within 30 days from the expiration of three months after the entry into the national territory. 3-at the time of submission of the application is issued a certificate of application for a residence card. 4-for issuing a residence permit, is required the presentation of the following documents: a) valid passport;

14/23 b) documentary proof of the family relationship with the Union citizen or the quality of partner as defined in point (ii)) (e)) of article 2; c) registration certificate of the Union citizen accompanying or to which gather; d) in the cases referred to in (iii)) and iv (e))) of article 2, documentary evidence of which are borne by the Union citizen; e) in the case referred to in paragraph 2 of article 3, a document issued by the competent authority of the country of origin or provenance certifying that they are in charge of the Union citizen or living in communion with him, or proof of the existence of serious health grounds which require imperatively the personal assistance of the familiar by the citizen of the Union. 5-the residence card referred to in the preceding paragraph shall be issued within three months of the lodging of an application. 6-the residence card referred to in paragraph 1 is valid for five years from the date of your issue, or for the period of residence of the Union citizen, if this period is less than five years. 7-the right of residence of family members is not affected by temporary absences not exceeding six consecutive months per year, for longer absences for compliance with the obligations of military service, by an absence of 12 months at most, important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting for professional reasons to another Member State or third country.

SECTION II article 16 right of permanent residence permanent residence Certificate of the Union citizen 1-the service of foreigners and borders issues EU citizens with permanent right of residence, upon request, a document, approved by order of the model member of the Government responsible for Internal Administration, which certifies permanent residence.

15/2-23 the certificate of permanent residence referred to in the preceding paragraph shall be issued by the service of foreigners and borders within fifteen days, depending, solely, the verification of the length of residence.

Article 17 permanent residence card for family members of citizens of the Union who are nationals of third State 1-family members of Union citizens, nationals of non-Member State, which have the right of permanent residence shall be issued a permanent resident card, the model adopted by order of the Member of Government responsible for the area of internal affairs. 2-the permanent residence card referred to in the preceding paragraph shall be issued by the service of foreigners and borders within three months of the lodging of an application. 3-the application for a permanent residence card shall be submitted before the residence card expires as referred to in article 15 4-periods of non-residence not exceeding 30 consecutive months shall not affect the right of permanent residence. 5-For the issuance of the permanent resident card is enough to show your family residence card of a citizen of the Union.

CHAPTER VII provisions common to the right of residence and right of permanent residence article 18 territorial scope of the right of residence the right of residence, the right of residence and right of permanent residence shall cover the whole of the national territory.

Article 19 rights of family members of a Union citizen family members of a Union citizen who have the right of residence or right of 16/23 permanent residence in the national territory have, regardless of your nationality, the right to exercise a professional activity or independent subordinate.

Article 20 equal treatment 1-The citizens of the Union residing in Portugal enjoy equal treatment in relation to nationals, subject to permissible restrictions under Community law. 2-family members of the Union citizen having the nationality of third State benefiting from the provisions of the preceding paragraph. 3-Notwithstanding the provisions of paragraphs 1 and 2, is not granted to any citizen of the Union or their relatives the right to benefits of the subsystem of solidarity during the first three months of residence or for a longer period if the Union citizen entered the country to seek employment in accordance with the provisions of subparagraph (b)) of paragraph 4 of article 9-4 before acquired the right of permanent residence , are not granted scholarships or any kind of social support to conduct studies or vocational training. 5-the provisions of the preceding paragraph shall not apply to citizens of the Union who are subordinate or independent workers, or that have retained this status, or their family members.

Article 21 General provisions concerning residence documents in possession of the certificate of registration referred to in article 15, the certificate of permanent residence, of a certificate attesting that requested a family residence card, of a residence card or of a permanent residence card, is not, in any case, a precondition to the exercise of a right or the completion of an administrative formality and the quality of beneficiary resident rights under Community regime be attested by any other means of proof.

17/23 CHAPTER VIII restrictions on the right of entry and right of residence on grounds of public policy, public security or public health article 22 general principles


1-the right to free movement and residence of Union citizens and their family members, irrespective of nationality, can only be restricted for reasons of public policy, public security or public health, in accordance with the provisions of this chapter. 2-the reasons of public policy, public security or public health cannot be invoked for economic purposes. 3-measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the behaviour of the person concerned, which must constitute a genuine, present and sufficiently serious that affects a fundamental interest of society, and may not be used justifications not related to the individual case or based on reasons of general prevention. 4-the existence of previous convictions cannot, by itself, serve as grounds for the measures referred to in the preceding paragraph. 5-in order to determine whether the person concerned constitutes a danger to public order or to public safety, to issue the certificate of registration or when issuing the residence card, can, whenever it is considered indispensable, be requested from the Member State of origin and, where appropriate, the other Member States, information on the criminal history of the person concerned. 6-the consultation referred to in the preceding paragraph cannot take regular character. 7-where the national authorities are required to provide the information referred to in the preceding paragraph, these are provided within one month. 8-Are allowed in national territory, without any formalities, holders of national identity card or passport to be away from the territory of another Member State on grounds of public policy, public security or public health, even if that document is expired or the nationality of the holder is disputed.

18/23 article 23 protection against 1-clearance before adopting a decision on expulsion from the territory on grounds of public policy or public security, is taken into account, in particular, the duration of residence of the citizen in question in national territory, your age, your health status, your family situation and your economic, social and cultural integration in the country and the importance of ties with your country of origin. 2-The citizens of the Union and their family members, irrespective of nationality, who have the right of permanent residence cannot be away from Portuguese territory, except on serious grounds of public policy or public security. 3-Except for imperative reasons of public safety, cannot be decided the expulsion of EU citizens if they have resided in Portugal for the 10 previous years, or are smaller. 4-the provisions of the preceding paragraph shall not apply if the respect the smaller and it is decided in the Supreme interest of the child, as provided for in the United Nations Convention on the rights of the child, of 20 November 1989.

Article 24 Public Health 1-the only diseases justifying measures restricting the right of free movement are, exclusively, the diseases with epidemic potential as defined by the relevant instruments of the World Health Organisation and other infectious diseases, infectious or parasitic diseases which are subject to employment protection provisions applicable to nationals. 2-the occurrence of disease three months after the date of entry into the territory does not constitute grounds for expulsion from the territory. 3-If serious evidence so warrant, may be required, within three months from the date of entry into national territory, that the holders of the right of residence to submit a free medical examination, including complementary examinations of diagnosis, to make sure they don't suffer from the diseases referred to in paragraph 1. 4-medical examinations referred to in the preceding paragraph cannot assume a 19/23 routine.

Article 25 notification of decisions 1-Any decision referred to in paragraph 1 of article 22 shall be notified in writing to the person concerned, in a way that allows you to understand the contents and their effects on your personal sphere. 2-the person concerned is informed, clearly and completely, the grounds of public policy, public security or public health in which the decision is based, unless this is contrary to the interests of State security. 3-the notification shall specify the Court or administrative authority before which the person may appeal against the decision, the deadline for the effect and, if applicable, the period granted to leave the national territory. 4-Unless reason duly substantiated urgency, the deadline to leave the territory cannot be less than one month from the date of notification.

Article 26 1-Challenging decisions taken under this chapter hierarchical appeal and judicial review. 2-If the challenge of the expulsion decision is accompanied by a request for a provisional measure to suspend execution of the decision, the removal from the territory may not be carried out pending the decision on the provisional measure. 3-the provisions of the preceding paragraph shall not apply where: a) the expulsion decision is based on previous judicial decision; or (b)) The persons concerned already have challenged in court the expulsion; or c) the expulsion decision is based on imperative grounds of public security under paragraph 3 of article 23-4 the challenge must allow examination of the legality of the decision, of the facts and circumstances that are based, as well as ensure that the decision is not disproportionate 20/23, in particular as regards the conditions laid down in article 29 5-is guaranteed the right to defence staff presentation unless the presence of the citizen in question is liable to cause serious disturbance of public order or public security or when the dispute concerns the refusal of entry into the territory.

Article 27 duration of prohibition of entry into national territory


1-the person fell as ban entry into the national territory, on grounds of public policy or public security may submit an application for lifting of the ban on entry into the territory after a reasonable period, depending on the circumstances, and, in all cases, three years after the implementation of the final decision to ban that has been legally taken. 2-for the purposes of the preceding paragraph, the applicant shall invoke means likely to prove there was a material change of circumstances which had justified the ban on entry into the territory. 3-the decision on the request made pursuant to the preceding paragraphs shall be taken within six months of your presentation. 4-the persons referred to in paragraph 1 do not have the right of entry into Portuguese territory during the period of consideration of your request.

Article 28 the accessory sanction title Clearance 1-can only be decided on the removal of the territory as an accessory penalty to a penalty involving deprivation of liberty, in accordance with the conditions laid down in articles 22, 23 and 24-2 After more than two years from the date of the expulsion decision referred to in the preceding paragraph , the same can only be performed after checking if the person concerned continues to be a current and real threat to public policy or public security, and assess whether there has been a material change in circumstances since the decision was made to order.

21/23 CHAPTER XIX Fees article 29 1-fees and charges for issuing certificate of registration referred to in article 14, the certificate of permanent residence, of a certificate attesting that requested a family residence card, of a residence card or of a permanent residence card, as well as the procedures and other documents provided for in this Act are due rates to be fixed by order of the Member of Government responsible for the Internal Administration. 2-the product of the fee for the issuance of the certificate of registration referred to in article 14 reverts, where carried out at the Town Hall: a) 50% for the Municipality; b) 50% for the service of foreigners and borders. 3-the product of the remaining rates reverts to the foreigners and Frontiers Service. 4-rates and charges for issuing the documents referred to in paragraph 1 may not be superior to those required of nationals in the issuing of the identity card.

CHAPTER X administrative offences article 30 administrative offences 1-failure to observe any of the obligations laid down in paragraph 1 of article 14, paragraph 1 of article 15 and paragraph 3 of article 17 constitutes an administrative offence punishable by fine of € 400 to € 1500. 2-the gross weight of the register referred to in article 14 or your maintenance without being verified the conditions laid down in article 7 and 8 is against-punishable by fine of € 500 to € 2500. 3-negligence is punishable.

22/23 4-In case of negligence the minimum and maximum limits of the fines provided for in paragraphs 1 and 2 are reduced to half. 5-the application of the fines provided for in this article shall be the responsibility of the Director-General of the Foreign Service and the Borders may delegate, in accordance with the law. 6-the product of the fines in 60% reverts to the State and 40% for the service of foreigners and borders.

CHAPTER XI transitional and final provisions article 31 1-abuse of rights In case of abuse of rights or fraud, or simulated or Union of convenience, are objected to and removed the rights of residence and social support granted under this law. 2-the provisions of articles 25 and 26 shall apply to any decision taken pursuant to the preceding paragraph.

Article 32 supplementary law In all that is not regulated in this law must comply with the provisions of general law which is compatible with the provisions of Community law.

Article 33 Transitional Standard residence permits issued pursuant to Decree-Law No. 60/93, of 3 March, remain valid, and may be overridden by the registration certificate or residence card, as appropriate, at the request of their holders.

Article 34 set Standard 23/23 is repealed Decree-Law No. 60/93, of 3 March.

Seen and approved by the Council of Ministers of 27 April 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency