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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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PROPOSED LAW NO. 68 /X

Exhibition of Motives

This Law regulates the exercise of the right of free movement and residence of citizens

of the European Union and of its relatives and transpose to the internal legal order to

Directive No 2004 /38/CE of the European Parliament and of the Council of April 29 of

2004.

The right of free movement and residence in the territory of the Member States of the Union

European is a fundamental and individual right inherent in the status of citizenship of the

Union, which is an essential status of nationals of the Member States.

So that this right can be exercised under objective conditions of freedom and having

into consideration the maintenance of the family unit of the citizen of the Union who exercises the

your right of free movement and residence is necessary for this to be equally

granted to his family members, including the person who with him lives in de facto union,

regardless of their nationality.

It is necessary to guarantee the citizens of the Union and their family members the right to

stay in the national territory for periods up to three months without subjection to any

other formality in addition to the possession of a valid identity card or passport. This

scheme shall be applicable without prejudice to the most favourable treatment of citizens of the Union

looking for jobs, as well as any possible restrictions to prevent people from

that they exercise their right of residence do not become an overburden for the system of

social security.

With a view to facilitating the individual right of the citizen of the Union to reside in territory

national for more than three months, a simple system of registration is established, passing

requiring a residence card only to those family members who have the nationality of State

third.

In the event of the death of the citizen of the Union, of divorce, of annulment of the marriage or of

termination of the de facto union is given legal protection to relatives, who, upon certain

conditions, will retain your right of residence.

Without prejudice to reasons of public order and public safety and save the applicable regime

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to subordinate or self-employed workers or people looking for employment,

holders of the right of residence will be able to be removed only if they become a burden

excessive for the social security system, and it may not be this removal a

automatic consequence of recourse to social security benefits.

Any citizen of the Union or his family member who resides in national territory by a

period of five years will acquire, without any additional condition, a right of

permanent residence, without prejudice to the most favourable scheme applicable to the

community workers.

Giving compliance to the Community principle of the prohibition of discrimination on grounds

of the nationality, equal treatment of the citizens of the Union and its

family members who reside in national territory. This scheme is applicable without any

restriction on holders of the right of permanent residence, establishing themselves in

compliance with EU law restrictions in the first three months of

residence or for longer period in the case of persons looking for employment, das

persons who do not benefit from the status of a subordinate or independent worker or

of your relatives, with regard to the granting of social security benefits and

scholarships.

Giving compliance with EU law in force at the seat of restrictions on exercise

of the right of free movement and residence for reasons of public order, of security

public or public health the present law sets out precise conditions for the

decisions to refuse entry or removal, as well as procedural guarantees. By

other side, the remoteness measures will be subordinated to the principle of

proportionality and will always take into consideration the degree of integration of the person

affected.

In accordance with the case-law of the Court of Justice, the citizens

community and their family members affected by an input interdiction measure will have

right to ask for its entry into national territory, at the latest after a period of

three years from the decision of entry interdiction.

In order to prevent the abusive exercise of the right of free movement or fraud is instituted

a counterordinational regime.

In fulfillment of the obligations assumed in the free movement of nationals

of the States Part of the European Economic Area and of the nationals of Switzerland will be applied

to these the legal regime of free movement and residence that beams for the citizens of the

Union and your family members.

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In the same way, and taking into consideration the principle of equal treatment, the

scheme now proposed, will also be applied to the relatives of national citizen,

regardless of their nationality.

It was heard from the National Association of Portuguese Municipalities.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Subject

1-A This Law transposes to the internal legal order the Directive No 2004 /38/CE, of the

European Parliament and of the Council of April 29, 2004 and establishes:

a) The conditions governing the exercise of the right of free movement and

residence on the national territory by the citizens of the Union and their family members;

b) The legal regime of the right of permanent residence in the national territory

of the citizens of the Union and their family members;

c) The restrictions on the rights to which the points are referred a) and b) , founded in

reasons for public order, public safety or public health.

2-A This Act also establishes the legal arrangements for entry, residence and

removal of nationals from the States Part of the European Economic Area and the

Switzerland and the members of your family, as well as family members of citizens

nationals, regardless of their nationality.

Article 2.

Definitions

For the purposes of this Law, it is understood by:

a) "Citizen of the Union", any person who has the nationality of a

General Staff;

b) "Member State", any Member State of the European Union, with

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exception of Portugal;

c) "Member State of host", Portugal, as a Member State for

where the citizen of the Union is located in order to here exercise his right to

free movement and residence.

d) "Third State" means any State which is not a member of the European Union.

e) "Familiar":

i) The spouse of a citizen of the Union;

ii) The partner with whom a citizen of the Union lives in de facto union,

constituted in the terms of the law or with whom the citizen of the Union

maintains a properly certified permanent relationship, by the

competent entity of the Member State where it resides;

iii) The direct descendant of less than 21 years of age or who is

the office of a citizen of the Union, as well as that of the spouse or of the

partner within the meaning of the previous sub-paragraph;

iv) The direct ascendant who is in charge of a citizen of the Union,

as well as that of the spouse or partner within the meaning of subparagraph ii) ;

f) "sufficient resources" means the resources of the citizen who are not inferior to the

income level short of which the Portuguese state can grant

rights and social supports to national citizens, attending to the personal situation

of the citizen and, where applicable, to that of his relatives.

Article 3.

Personal scope of application

1-A This Law applies to all citizens of the Union who loathe or reside

in Portugal, as well as to their relatives within the meaning of the point e) of the article

previous, who accompany them or that they meet.

2-Without prejudice to the personal right to the free movement and residence of the person concerned, it is

facilitated, under the general law, the entry and residence of any other family member,

regardless of your nationality, not covered by the point e) of the article

previous that, in the country of which I provence, is in charge of the citizen of the Union who has

right of residence to main title or that with this living in communion of

housing, or when the citizen of the Union has imperatively to take care of

personally from the member of your family for serious health reasons.

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3-A Decision on the entry and residence of persons covered by the number

previous one can only be taken after analysis of all personal circumstances

relevant, and any refusal of entry or concession is to be substantiated

of a residence permit.

4-The legal provisions that refer to the citizens of the Union shall be understood to

covering the nationals of the States Party to the Agreement on the Economic Area

European and the nationals of Switzerland.

5-The standards of this law applicable to relatives are extendable to family members of

citizens of Portuguese nationality, regardless of their nationality.

CHAPTER II

Exit and entry of the national territory

Article 4.

Entry into national territory

1-The citizens of the Union shall be admitted to entry into national territory by means of

simple presentation of a valid identity card or passport and without

any entry visa or equivalent formality.

2-The relatives of citizens of the Union who do not possess the nationality of a State

Member are admitted into national territory upon presentation of a

valid passport, only being subject to the entry visa requirement under the terms of the

standards in force in the European Union, however, benefiting from all facilities

for the obtaining of the necessary visas, which are granted free of charge and

with special tramping that ensures the speed in issue.

3-The relatives of the citizen of the Union who are nationals of third State and are

subject to the visa requirement of entry under the standards in force in the Union

European can, enter without a visa when possessor of residence card

valid, in which case it is not affixed stamp of entry in the passport.

4-If a citizen of the Union or a family member of his / her family does not dispose of the documents of

necessary travel or, if it is the case, of the necessary visas, benefit from the

possibility to obtain such documents or from these to be sent to them within a time

reasonable, as well as from the possibility of confirming or proving by other means to

quality of holders of the right of free movement and residence.

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5-The family member, who does not have the nationality of a Member State, shall communicate the

its presence in the national territory under the law, being the default of this

obligation punished under the law of entry, stay, exit and remoteness of

foreigners.

Article 5.

Exit from national territory

1-Without prejudice to the provisions in respect of travel documents applicable to the

control on national borders, they are entitled to leave national territory all the

citizens of the Union, munched from a valid identity card or passport, well

like your relatives, who are fitted with a valid passport, not being

required an exit visa or equivalent formality.

2-The passport must be valid at least for all Member States and for the

countries by which the holder should transit when travelling between Member States.

3-It is not bet stamp on the passport of a family member, if the same presents

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 national territory, per period until

three months, without other conditions and formalities in addition to the entitlement of a ticket

of valid identity or passport.

2-The provisions of the preceding paragraph shall also apply to relatives who, who are fitted

of a valid passport, accompany or meet the citizen of the Union.

CHAPTER IV

Right of residence for more than three months

Article 7.

Right of residence of citizens of the Union and of their relatives

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1-Any citizen of the Union shall have the right to reside in national territory by

period longer than three months, provided that it meets one of the following conditions:

a) Exercise in Portuguese territory a subordinate professional activity or

independent;

b) Possess sufficient resources for yourself and your relatives,

as well as health insurance, as long as this is required in the State

Member of his nationality to Portuguese citizens;

c) Be enrolled in an establishment of public or private education,

officially recognized, as long as it proves, upon declaration or

another means of proof to your choice, possession of financial resources

enough for yourself and your family members, as well as possesses

a health insurance, provided that this is required in the Member State of your

nationality to Portuguese citizens;

d) Be it family that accompanies or meets a citizen of the Union covered

by the previous points.

2-They also have the right to reside in national territory for a period of more than three

months, family members who do not have the nationality of a Member State which

accompany or meet a citizen of the Union who fulfils the conditions to which

refer to the points a), b) or c) of the previous number.

3-For the purposes of the point a) of paragraph 1, the citizen of the Union who has left to exercise

a professional activity maintains the status of a subordinate worker or

independent in the following cases:

a) When you have a temporary disability for the work, resulting from

illness or accident;

b) When you are in a situation of involuntary unemployment properly

registered and are registered with the Institute for Employment and Vocational Training

as a candidate for a job;

c) When you attend a vocational training, as long as there is a relationship

between the previous professional activity and the training in question, save if the

citizen is in a situation of involuntary unemployment.

Article 8.

Conservation of the right of residence of the relatives of the citizen of the Union

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1-A death or departure from the national territory of a citizen of the Union, as well as the

divorce, the annulment of the marriage or the cessation of the union de facto does not imply the

loss of the right of residence of relatives, regardless of their

nationality.

2-As long as they do not acquire the right of permanent residence, the relatives referred

in the preceding paragraph which have the nationality of a Member State shall

to fulfil the conditions laid down in the paragraphs a ), b) , c) or d) of Article 7 (1)

3-As long as they do not acquire the right of permanent residence, the relatives referred

in paragraph 1 that have the nationality of a third State retain their right to

residence since they meet one of the following conditions:

a) They exercise a subordinate or independent professional activity;

b) Have, for themselves and for their relatives, sufficient resources

and of health insurance;

c) Be family members of a person who fulfils the conditions referred to in the

points a) or b) , provided that the family has been constituted in territory

national.

4-A departure from the national territory of a citizen of the Union or his death not

imply the loss of the right of residence of their children who reside in Portugal and

are attending a course in educational establishment, as well as the person

that has its guard effective.

Article 9.

Conservation of the right of residence

1-The citizens of the Union and their relatives have the right of residence to which if

refer to Articles 7 and 8 as long as they fulfil the conditions laid down in them.

2-A The verification of the conditions set out in Articles 7 and 8 is only admissible in

specific cases, where there are reasonable doubts as to whether a citizen

of the Union or its relatives fulfil such conditions and as long as it is not done

in a systematic way.

3-The recourse to the Portuguese social security regime by a citizen of the

Union or of your relatives does not have as an automatic consequence the loss of the

right of residence.

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4-By way of derogation from the provisions of paragraph 1 and without prejudice to the provisions of Chapter VIII, in

case some may be taken a measure of removal against citizens of the Union

or their family members, in the following cases:

a) They are subordinate or independent workers;

b) Citizens of the Union have entered Portugal to seek employment and

proving that they continue to seek employment.

5-Do not constitute grounds for removal of national territory from the expiry of the ticket

of identity or passport on the basis of which the person concerned had input into the

territory and received a certificate of registration or residence card.

6-The provisions of articles 25 and 26 shall apply, with due adaptations, to any

decision to restrict the right of residence of the citizens of the Union and of its

family for reasons other than public order, public safety or

public health, and may not in the event of removal being imposed on the interdiction of

entry into national territory.

CHAPTER V

Right of permanent residence

Article 10.

Right of permanent residence of citizens of the Union and of their relatives

1-Have a permanent right of residence the citizens of the Union who have resided

legally, on national territory, for a period of five consecutive years.

2-Do the same right shall enjoy the relatives, nationals of third State, who have

legally resided with the citizen of the Union in Portugal for a period of five

consecutive years.

3-The right of permanent residence of the citizens of the Union and of their relatives not

is subject to the conditions set out in Chapter IV.

4-A The continuity of the residence is not affected by temporary absences other than

exceed six consecutive months per year, nor by longer absences to

fulfillment of military obligations, nor for an absence of twelve months

consecutive at most, for justified reasons such as pregnancy or childbirth, illness

serious, studies or vocational training, or posting on professional grounds

for another Member State or third country.

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5-The citizen of the Union or his / her family member only loses the right of permanent residence

acquired due to absence of national territory for a period exceeding two

consecutive years.

6-A continuity of residence can be attested by any means of proof

admissible.

7-A The continuity of the residence is interrupted by any valid decision of

removal of the person in question that is executed.

Article 11.

Derogation for employees who have ceased their activity in

Portugal

1-By way of derogation from the previous article, they benefit from the right of permanent residence

in national territory, before decorating five consecutive years of residence:

a) The subordinate or independent employees who, on the date on which

have ceased their activity, have reached the age provided for by the law to have

right to an old-age pension or the subordinate workers who

have ceased their activity on the grounds of early retirement, since

who have worked in Portugal at least for the last twelve months and

here have resided continuously for more than three years;

b) The subordinate or self-employed workers who have resided

continuously in Portugal for more than two years and cease to

activity on the grounds of permanent disability for the work;

c) The subordinate or self-employed workers who, after three years

consecutive activity and residence in Portugal, exercise your

activity, subordinate or independent, in the territory of another State-

Member, holding his residence in Portuguese territory to which

regress, usually, every day or at least once a week.

2-For the purpose of the acquisition of the rights set out in points a) and b) of the number

previous, the periods of activity in territory of the Member State in which the

citizen in question works are considered to remain in Portugal.

3-The periods of unemployment duly registered by the Employment Institute and

Vocational Training, the periods of suspension of activity on an alhedral grounds

at the will of the person concerned and the absence to work or the cessation of work by

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cause of illness or accident are considered periods of employment.

4-The conditions of duration of residence and activity set out in paragraph 4 a) from the

n. 1 and the condition of duration of residence provided for in paragraph 1 b) of paragraph 1 are not

applicable if the spouse or partner, within the meaning of subparagraph ii) of the paragraph e) from the

article 2, of the subordinate or independent worker is a national citizen or has

lost Portuguese nationality in the wake of the marriage.

5-For the purposes of the provisions of the a) of paragraph 1, if the citizen has exercised a

non-salaried activity for which it is not recognised, 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.

6-For the purposes of the provisions of the b) of paragraph 1, if the failure to result from accident

of work or of occupational disease that gives right to a full benefit or

partially in charge of a national institution, is waived the requirement of the

period of residence.

Article 12.

Derogation for relatives of employees who have ceased business in

Portugal

1-Without prejudice to the provisions of paragraph 2, the relatives of a subordinate worker or

independent that with it resided in the Portuguese territory have, independently

of your nationality, right of permanent residence on national territory, if the

own employee has acquired the right of permanent residence in Portugal,

in the terms of the previous article.

2-In the event of the death of the subordinate or independent worker, still during his

work life, but before you have acquired the right of permanent residence in

Portugal, in the terms of the previous article, the relatives who with it reside in the

Portuguese territory have a permanent right of residence, as long as they meet a

of the following conditions:

a) The subordinate or independent worker, at the date of his or her demise, has

resided in Portuguese territory for two consecutive years;

b) His death has been caused by accident of work or illness

professional;

c) The surviving spouse has lost Portuguese nationality in the sequence

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of the marriage with that worker.

Article 13.

Acquisition of the right of permanent residence by national family members of States

third parties

Without prejudice to the provisions of Article 12, the relatives of a citizen of the Union, in the

conditions laid down in Article 8 (3) acquire the right of permanent residence

after having resided legally for a period of five consecutive years in territory

Portuguese.

CHAPTER VI

Administrative formalities

SECTION I

Right of residence for more than three months

Article 14.

Registration of citizens of the Union

1-The citizens of the Union whose stay in national territory extends by period

greater than three months must carry out the registration that formalizes your right to

residence within 30 days, after decorations three months of the entrance into territory

national.

2-The record referred to in the preceding paragraph shall be made with the City Hall

of the area of residence.

3-In the act of registration is issued a certificate of registration, of model to be approved by

would pore from the member of the Government responsible for the area of the 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 shall be valid for five years to

counting from the date of its issuance, or for the envisaged period of residence of the citizen

of the Union, if this period is less than five years.

5-For the issuance of the Certificate of Registration of the Union citizen is required

valid identity or passport, as well as the statement, under commitment to

honour, of which the applicant fulfils the conditions referred to in points a ), b ), or c )

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of Article 7 (1), as the case may be.

6-For the issuance of the certificate of registration to the citizen of the Union residing in the

quality of family is required the submission of the following documents:

a) A valid identity card or passport;

b) A document proving the family relationship or the quality of

partner within the meaning of sub-paragraph ii) of the paragraph e) of Article 2, if those

not result;

c) A certificate of registration of the citizen of the Union accompanying or to which

meet;

d) Documentary evidence that they are in office for the purposes of the provisions of the

subpoints iii) and iv ) of the paragraph and ) of Article 2;

e) In the cases provided for in Article 3 (2), a document issued by the

competent authority of the country of origin or provenance, certifying

who are in charge of the citizen of the Union or who with him live in communion

of housing, or proof of the existence of serious health grounds that

require imperatively for personal assistance by the citizen of the Union.

Article 15.

Family residence card of a citizen of the national Union of State

third

1-The family members of the citizen of the Union, nationals of third State, whose stay in

national territory prolongs for period longer than three months must apply for

issuance of a residence card, according to model approved by portaria of the

member of the Government responsible for the area of the Internal Administration.

2-The application of the residence card to which the previous number is referred is carried out together

of the Directorate or Regional Delegation of the Foreign and Border Service of the area

of the residence, within 30 days, after decorations three months of the entry into

national territory.

3-At the time of the submission of the application is issued a certificate stating the

application for a residence card.

4-For the issuance of the residence card, the presentation of the following is required

documents:

a) Valid passport;

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b) Document proving the family relationship with the citizen of the Union or of the

quality of partner within the meaning of sub-paragraph ii) of the paragraph e) of Article 2;

c) Certificate of registration of the citizen of the Union accompanying or to which if

meet;

d) In the cases provided for in subparagraphs iii) and iv) of the paragraph e) of Article 2, evidence

documentary that they are in charge of the citizen of the Union;

e) In the case provided for in Article 3 (2), a document issued by the

competent authority of the country of origin or provenance, certifying

who are in charge of the citizen of the Union or who with him live in communion

of housing, or proof of the existence of serious health grounds that

require imperatively the personal assistance of the family by the citizen of the

Union.

5-The residence card referred to in the preceding paragraph shall be issued within the maximum period

of three months from the submission of the application.

6-The residence card referred to in paragraph 1 shall be valid for five years from the date

of its issuance, or for the envisaged period of residence of the citizen of the Union, if

this period is less than five years.

7-The right of residence of relatives shall not be affected by temporary absences which

do not exceed six consecutive months per year, for longer absences to

fulfillment of military obligations, for an absence of twelve consecutive months

at most, for important reasons such as pregnancy or childbirth, serious illness,

studies or vocational training, or posting on professional grounds for

another Member State or third country.

SECTION II

Right of permanent residence

Article 16.

Certificate of permanent residence of citizen of the Union

1-The Office of Foreign Affairs and Borders issues the citizens of the Union entitled to

permanent residence, at the request of these, a document, template to be approved by

would pore from the member of the Government responsible for the area of the Internal Administration,

which certiates the permanent residence.

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2-The certificate of permanent residence referred to in the preceding paragraph shall be issued by the

Foreign and Border Service within a maximum of fifteen days, depending on,

exclusively, from the verification of the duration of the residence.

Article 17.

Permanent residence card for family members of the national Union citizen

of third State

1-To the relatives of the citizen of the Union, nationals of third State, who have

right of permanent residence is issued a permanent residence card, from

model to be approved by portaria of the member of the Government responsible for the area of

Internal Administration.

2-The permanent residence card provided for in the preceding paragraph is issued by the

Foreign and Border Service within a maximum of three months from the

presentation of the application.

3-The application for permanent residence card must be submitted before lapse

the residence card referred to in Article 15 para.

4-Residence breaks that do not exceed 30 consecutive months do not affect

the right of permanent residence.

5-For the issuance of the permanent residence card is sufficient the presentation of the

family residence card of citizen of the Union.

CHAPTER VII

Common provisions to the right of residence and to the right of permanent residence

Article 18.

Territorial scope of the right of residence

The right of permanence, the right of residence and the right of permanent residence

cover the whole of the national territory.

Article 19.

Related rights of the relatives of a citizen of the Union

The relatives of a Union citizen who shall enjoy the right of residence or right of

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permanent residence on national territory have, regardless of their

nationality, the right to engage in subordinate or independent professional activity.

Article 20.

Equal treatment

1-Union citizens who reside in national territory benefit from equality

of treatment in relation to national citizens, without prejudice to restrictions

permissible by Community law.

2-The relatives of the citizen of the Union who have a nationality of a third State

benefit from the provisions of the preceding paragraph.

3-By way of derogation from the provisions of paragraphs 1 and 2, it shall not be granted to the citizen of the Union or

to your relatives the right to benefits of the solidarity subsystem during the

first three months of residence, or for a longer period if the citizen

of the Union entered into national territory to seek employment under the terms of the

provisions of the paragraph b) of Article 9 (4)

4-Before you have acquired the right of permanent residence, no scholarships are granted

study or any kind of social support for the achievement of studies or training

professional.

5-The provisions of the preceding paragraph shall not apply to the citizens of the Union who are

subordinate or independent workers, or who have retained this

status, nor to their relatives.

Article 21.

General provisions relating to residence documents

The possession of the certificate of registration referred to in Article 15 of the certificate of

permanent residence, from a certificate that attests that a card has been applied for

family residence, from a residence card or a residence card

permanent, is not, in any case, a prerequisite for the exercise of a right

or the fulfillment of an administrative formality, and the quality of

beneficiary of the rights of resident under the Community scheme to be attested by

any other means of proof.

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CHAPTER VIII

Restrictions on the right of entry and the right of residence for reasons of order

public, public safety or public health

Article 22.

General principles

1-The right of free movement and residence of the citizens of the Union and of its

family, regardless of nationality, can only be restricted for reasons

of public order, public safety or public health, in the terms of the provisions of

in this chapter.

2-The reasons for public order, public safety and public health cannot be

invoked for economic purposes.

3-The measures taken for reasons of public order or public safety shall

be in accordance with the principle of proportionality and be based exclusively on the

behavior of the person in question, to which it must constitute a real threat,

current and sufficiently serious that it affects a fundamental interest of society,

it may not be used any justifications not related to the individual case or

based on general prevention grounds.

4-A The existence of previous criminal convictions cannot by itself serve as a

grounds for the measures referred to in the preceding paragraph.

5-A The purpose of determining whether the person concerned constitutes a danger to the public order

or for public safety by issuing the certificate of registration or by issuing the card

of residence, may, where it is deemed indispensable, be requested to

Member State of origin and, possibly, other Member States,

information about the criminal background of the person in question.

6-A The consultation referred to in the preceding paragraph shall not be allowed to assume regular character.

7-Where national authorities are requested to provide the information to

which refers to the previous number, these are premised within one month.

8-Are admitted into national territory, without any formalities, the holders of

identity card or national passport that are detached from the territory of

another Member State for reasons of public order, public safety or

public health, even if that document is lapsed or the nationality of the

holder is contested.

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Article 23.

Protection against removal

1-Before adopting a decision to remove from the territory for reasons of order

public or public safety, is taken into account, in particular, the

duration of the residence of the citizen in question on national territory, his or her age, the

your state of health, your family and economic situation, your social integration and

cultural in the country and the importance of ties with their country of origin.

2-The citizens of the Union and their relatives, regardless of nationality,

who have a permanent right of residence cannot be removed from territory

portuguese, except for serious reasons of public order or public safety.

3-Except for imperative reasons of public safety, it cannot be decided the

removal of citizens from the Union if they have resided in Portugal during the

10 years precedent or are smaller.

4-The provisions of the preceding paragraph shall not apply if the remoteness respects the minor and

it is decided in the supreme interest of the child, as provided for in the Convention of the

United Nations on the Rights of the Child, November 20, 1989.

Article 24.

Public health

1-The only diseases likely to justify restrictive measures of the right of free

circulation are, exclusively, diseases with epidemic potential defined by the

relevant instruments of the World Health Organization, as well as others

contagious, infectious or parasitic diseases that are subjected to provisions

of protection applicable to national citizens.

2-A occurrence of diseases three months after the date of entry into the territory no

constitutes justification for the remoteness of the territory.

3-If serious evidence is warranted, it may be required, within three months of the

of the date of entry into national territory, which holders of the right of residence if

submit the free medical examination, including supplementary examinations of

diagnosis, to make sure that they do not suffer from the diseases mentioned in paragraph 1.

4-The medical examinations referred to in the preceding paragraph shall not take on the character of

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routine.

Article 25.

Notification of decisions

1-Any decision referred to in Article 22 (1) shall be notified in writing

to the person concerned in a way that allows him to understand the content and the

respective effects on your personal sphere.

2-A The person concerned is informed, in a clear and complete manner, of the reasons for order

public, public safety or public health on which the decision is based, the

unless this is contrary to the security interests of the state.

3-A notification shall specify the court or administrative authority before which

the person may challenge the decision, the time limit of which it has for the purpose and, if it is

of this, the deadline granted to abandon the national territory.

4-Unless duly justified urgency, the deadline for abandoning the

territory may not be less than one month, from the date of notification.

Article 26.

Impugation

1-Of the decisions taken under this chapter shall be hierarchical appeal and

judicial challenge.

2-If the challenge of the removal decision is accompanied by an application for

provisional measure to suspend the execution of the decision, the remoteness of the territory

cannot be realized until the decision on the measure is taken

provisional.

3-The provisions of the preceding paragraph shall not apply when:

a) The removal decision is based on a previous judicial decision; or

b) The people in question have previously judicially challenged the

removal; or

c) The removal decision is based on imperative safety reasons

public under Article 23 (3)

4-A The challenge shall allow the examination of the lawfulness of the decision, the facts and the

circumstances that substantiate it, as well as certify that the decision is not

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disproportioned, in particular with respect to the conditions set out in the article

29.

5-The right of personal presentation of the defence shall be guaranteed, unless the presence of the

citizen concerned is likely to cause serious disturbance of public order

or public safety or when the imputation relates to the refusal of entry

in the territory.

Article 27.

Duration of the interdiction of entry into national territory

1-A person on whom he has fallen measure of interdiction of entry into the national territory,

for reasons of public order or public safety, may submit an application for

lifting of the interdiction of entry into the territory after a reasonable time, in

function of the circumstances, and, in all cases, three years after the execution of the

definitive decision to ban that has been legally taken.

2-For the purposes of the provisions of the preceding paragraph, the person concerned shall invoke means

likely to prove that there was a material change in the circumstances that

had justified the interdiction of entry into the territory.

3-A The decision on the application formulated in the terms of the preceding paragraphs shall be

taken within six months of its submission.

4-The persons referred to in paragraph 1 do not have a right of entry into the Portuguese territory

during the period of appreciation of your request.

Article 28.

Remoteness to title of ancillary sanction

1-It can only be decided the removal of the territory by the title of ancillary sanction of a

deprivative sentence of freedom, in accordance with the conditions laid down in the

articles 22, 23 and 24.

2-Decorrides more than two years from the date of the removal decision to which if

refers to the previous number, the same can only be performed after checking if the

person concerned remains a current and real threat to the public order or the

public safety, and to assess whether there was a material change of the circumstances

from the time it was taken to the removal decision.

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CHAPTER XIX

Fees

Article 29.

Fees and charges

1-For the issuance of the certificate of registration referred to in Article 14 of the certificate of

permanent residence, from a certificate that attests that a card has been applied for

family residence, from a residence card or a residence card

permanent, as well as by the procedures and too many documents provided in the

present law are due fees to be fixed by porterie of the member of the Government

responsible for the area of the Interna Administration.

2-The product of the fee for the issuance of the certificate of registration referred to in Article 14.

revert, whenever carried out with the City Hall:

a) 50% for the Municipality;

b) 50% for the Office of Foreign and Border.

3-The proceeds of the remaining fees revert to the Foreign and Border Service.

4-The charges and fees for the issuance of the documents referred to in paragraph 1 shall not

be superior to those who are required of national citizens in respect of

issuance of the identity card.

CHAPTER X

Counter-ordering

Article 30.

Counter-ordering

1-The failure to comply with any of the obligations laid down in Article 14 (1), para.

1 of Article 15 and in Article 17 (3) constitutes counterordinance punished with

coima from 400 a to € 1500.

2-A effectivation of the record referred to in Article 14 or its maintenance without which

are verified the conditions laid down in Article 7 and 8 constitute against-

ordering punishable with fine of € 500 a € 2500.

3-A negligence is punishable.

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4-In the event of negligence the minimum and maximum limits of the fines provided for in the n.

1 and 2 are reduced to half.

5-A The application of the fines provided for in this Article shall be the competence of the Director-

General of the Foreign and Border Office that can delegate it, under the law.

6-The product of the fines reverses in 60% to the State and in 40% to the Service of

Foreigners and Borders.

CHAPTER XI

Final and transitional provisions

Article 31.

Abuse of law

1-In the event of abuse of law, fraud or marriage or simulated union or of

convenience, are refused and withdrawn the rights of residence and social supports

conferred under this Law.

2-The provisions of Articles 25 and 26 shall apply to any decision taken in the terms

of the previous number.

Article 32.

Subsidiary law

In everything that is not regulated in this Law shall observe the provisions of the law

general that is compatible with the provisions of Community law.

Article 33.

Transient standard

The residence permits issued under the Decree-Law No. 60/93 of March 3,

they remain valid, and may be replaced by the certificate of registration or by the card

of residence, depending on the cases, at the request of the respective holders.

Article 34.

Abrogation standard

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The Decree-Law No. 60/93 of March 3 is repealed.

Seen and approved in Council of Ministers of April 27, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs