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1 PROPOSAL of law No. 63/X explanatory memorandum to promote the quality of education is today an imperative and a fundamental responsibility of the State. For over thirty years, Portuguese society has made a massive investment in education which allowed a considerable increase in the rates of schooling of the population in the various levels of education. However, the Portuguese school qualifications remain insufficient, for a society to be modern and competitive while maintaining high levels of failure and early school leavers, while the average performance of students, measured by the national assessment tools and international comparative studies, reveal serious shortcomings in the quality of learning. In view of this situation, it is up to the Government, in collaboration with the other organs of sovereignty and in particular with the Assembly of the Republic, to adopt all measures to address these deficiencies and to ensure the sustained elevation of education quality standards. The evaluation is today everywhere an indispensable dimension of public sector reforms, as allows to assess the efficiency and effectiveness of the policies and performance of the institutions and organizations. The assessment is therefore an essential condition of a culture of public responsibility and accountability. Also in the educational system, the generalization of a culture of evaluation – the policies, organizations, agents and resources – will be a powerful instrument for the promotion of quality. So, the XVII constitutional Government enrolled in your program to launch a system of evaluation and certification of textbooks, in order to ensure compliance with the your function and to provide new forms of use that are more rational and less expensive for families. Pedagogical-didactic features that support the action of the teachers and the students ' learning, textbooks still assume today undoubtedly the most important 2. Despite the prevalence of an educational culture that advocates the production and adaptation of teaching materials in order to respond to the uniqueness of each school, each class or even to each student, and the most recent broadcast of additional educational resources new supports, the textbooks are still a fundamental tool, sometimes the only, on teaching and learning. To this end he ran the generalization of the formal adoption of textbooks by schools. In this context, the evaluation and certification of school manuals, integrated in the procedure leading to your adoption, will give a significant contribution to the quality assurance of vocational education and to promote educational success. In recent decades, the responsibility of the evaluation was left to the schools and the teachers who have enjoyed a broad autonomy in the selection of manuals that decide to adopt. It is true that, in the legal provisions so far were in force, in particular Decree-Law No. 369/90, of 26 November, was laid down a procedure for the assessment of scientific-pedagogical commissions manuals, in time after your adoption by schools. This assessment would have the effect of determining the mandatory correction by the editors of any errors or deficiencies detected, reaching, as revealed impossible, the withdrawal from the market of books considered inappropriate. However, such devices have not found more than an application on time and therefore inconsequential. Maybe because it doesn't ensure the fulfilment of one of the main responsibilities of the State in this matter-which is to ensure that no inappropriate manual to the curriculum or to programmes in place or with errors or deficiencies be, though only for a school year, no student learning tool, or because of delays arising from the procedural guarantees, these devices fell into disuse. Not assuming that responsibility and resigning to track evaluation and adoption is made by schools, the State let install a broad deregulation. Such deregulation resulted in a proliferation of schoolbooks that came make exercise responsible autonomy of schools and of teachers, preventing the completion of a rigorous evaluation. We must verify that adoption decisions passed many times depending on the practices of promotion and marketing of textbooks, of which the formation of judgements based on your quality or your correspondence to the school's educational project. Thus became possible that inappropriate manuals were adopted by schools, without anyone to go so
3. The retraction of the State regulatory intervention led to the reproduction of unreasonable forms of use of textbooks. The manuals have become disposable objects, because effectively impossible to reuse, but at the same time expensive. The acquisition of textbooks began to form as well, especially from the second cycle of basic education, a significant burden for families, in particular to the minors resources. The financial contribution of the State and of local authorities, while alleviating this burden, has not always allowed to fully resolve this situation. Graduated in Portuguese society awareness of the need for State intervention, both by strengthening the social action through the introduction of mechanisms to ensure the quality of your textbooks. To propose to Parliament the adoption of a new regime of adoption, evaluation and certification of textbooks, the Government responds as a socially recognized imperative, promoting quality standards and stability in educational system. So, the State will assume the responsibilities that fit you, exercising a regulatory function that should never have abandoned. The introduction of a procedure for the evaluation and certification of textbooks within the framework of the respective regulation adoption process will have to meet a set of issues that relate to ethical values, civic and educational, and consider a plurality of interests and perspectives, namely, of students and families, schools, teachers, authors and editors. However, should take care before more of the pursuit of the public interest. The law fit for this set-the scrupulous respect for freedom of creation and editing, and the autonomy of schools and of teachers, that neither the Government nor the Administration can replace – the guiding principles and establish the regulatory parameters and the procedural rules to ensure the conformity of textbooks with the objectives and content of the programs or curriculum guidelines in force promote your high scientific-pedagogical level and at the same time provide to families ways to use less expensive. In the present circumstances, the most appropriate response to the problems identified is the introduction of a system for evaluation and certification of the quality of textbooks, to be carried out by committees of experts and for the purposes of raising your formal adoption by schools. It is a scheme which, although not widespread, is 4 well established in educational systems of different European and American countries whose good practices will be certainly possible benefit. With the change of the legal framework of the procedure of adoption of the manuals will be created the conditions for the effective exercise of autonomy of teachers, within the framework of pedagogic coordination of their educational establishments, allowing them to select from among textbooks of those certificates which best suit their educational projects. The schoolbooks policy cannot fail to be guided by criteria of social equity, in particular as regards the access to and the conditions of your use on the part of students. In this sense, and in the context of promoting stability in the educational system, the normal period of validity of the adoption of textbooks will be extended to six years, providing thereby to families ways to use more rational. The social equity will also be guaranteed by strengthening the socio-economic support to which they are entitled households or economically needy students, as well as the agreed prices, now extended to other didactic-pedagogical resources and the secondary education, and the adoption of flexible modes of lending by the schools. With this Bill, the Government walks away, however, designs that accept that the textbooks are a disposable article, looking before redefine them, while educational tool – without however forgetting the contribution of ancillary books, reference works and new educational resources in media, whose use should be promoted-but also as cultural resource essential for many children and young people that our society still couldn't get access to other cultural assets. As a result of this legislative initiative, subject to wide public consultation, the Government undertakes to adopt the appropriate regulatory instruments immediately after your publication.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 5 Chapter I General provisions Article 1 subject-matter this law defines the system of adoption, evaluation and certification of textbooks of basic education and secondary education, as well as the principles and objectives must meet the educational support regarding the purchase and loan of textbooks.
Article 2 guiding principles 1-the system of adoption, evaluation and certification of the textbooks is based on the following guiding principles: the) scientific and pedagogical autonomy and freedom in the design and elaboration of textbooks; b) Freedom and autonomy of educational agents, especially teachers, in the choice and use of textbooks in the context of the educational project of the school or group of schools; c) Freedom and market competition in the production, publication and distribution of textbooks; d scientific-pedagogical) quality of textbooks and your compliance with the objectives and content of the national curriculum and programs and curricular guidelines; e) equity and equality of opportunities in access to didactic-pedagogical resources. 2-the role of the State in pursuit of the principles laid down in the preceding paragraph is in the following lines of action: a) Definition of the formal adoption of the textbooks for schools and groups of schools; b) definition of the system of evaluation and certification of textbooks to
6 effects of your formal adoption by schools and school groups; c) scientific-pedagogical quality promotion of textbooks and other didactic-pedagogical resources; d) promoting stability of the curricula and corresponding teaching instruments; and Support to the acquisition and use) of textbooks; f) training of teachers and educational evaluation of textbooks.
Article 3 concepts for the purposes of this law: (a)) ' programme ', the set of curriculum guidelines, subject to approval in accordance with the law, specific to a particular discipline or curriculum area defining of a disciplinary way to achieve a set of learning and skills defined in the national curriculum of basic education or the national curriculum of secondary education; b) didactic-pedagogical resources «other», resources to support the action of the teacher and students ' learning, regardless of the form of which are, in support that are available and of the purposes for which they were conceived, presented in autonomous unambiguously with regard to textbooks; c) ' textbook ' didactic-pedagogic feature relevant, although not exclusive, of the teaching and learning process, designed by year or cycle, to support the work of autonomous student who aims to contribute to the development of the skills and learning as set out in the national curriculum for basic education and for secondary education, presenting information to the contents of the nuclear programmes in place as well as proposals for educational activities and learning assessment, which may include working guidelines for the teacher.
Article 4 7 1 school programs-programs of basic education and secondary education in force for a minimum period of six years. 2-with a view to the preparation, production and other procedures provided for in this Act relating to textbooks and other didactic-pedagogical resources, programs of each of the disciplines and disciplinary curricular areas are disclosed up to twenty months before the beginning of the school year they concern. 3-in cases where the scientific knowledge evolves quickly or the contents of the programs to be phased out in relation to generally accepted scientific knowledge, can the term of validity for the program of discipline affected be set at shorter period or be given the program review, by order of the Minister of education.
Article 5 Preparation, production and distribution 1-the initiative of the development, production and distribution of textbooks and other didactic-pedagogical resources belongs to the authors, publishers or other institutions legally authorized for that purpose. 2-in the absence of editorial initiatives to ensure the satisfaction of demand, it is incumbent upon the State to promote or arrange for the preparation, production and distribution of textbooks or other educational-pedagogical resources.
Article 6 responsibility for the supply of textbooks 1-the publishers of the textbooks adopted are responsible, throughout the duration of the adoption, by the provision of timely market, responding equally for the losses that the delay, suspension or interruption unjustified cause the regular functioning of the school year. 2-the extent of liability referred to in the preceding paragraph is determined by spending in the State, schools and groups of schools or students may have to incur in obtaining other didactic-pedagogical resources.
8 3-is not considered grounds for suspension or interruption of consideration for the supply of any factor which has market relations between authors and publishers, including any dispute arising out of copyright.
Chapter II approval, evaluation and certification of textbooks section I General provisions article 7 objectives 1-aim of the procedure of adoption of textbooks to ensure access for all students, in conditions of equity, a didactic-pedagogic resource, without exclusion of other, that is especially suitable for the development of skills and learning of the national curriculum in the educational context specific to the school. 2-Are the objectives of the evaluation and certification procedure to ensure the scientific quality textbooks and teaching manuals to be adopted, to ensure your compliance with the objectives and content of the national curriculum and programs or curriculum guidelines in force and attest that constitute appropriate instrument to support teaching and learning and the promotion of educational success.
Article 8 players and 1-Organization adoption procedures, evaluation and certification of school manuals involved teachers, within the framework of the coordinating bodies and educational orientation of schools or groups of schools, and the evaluation committees. 2-The adoption procedures, evaluation and certification are developed in two stages: a) a phase of evaluation and certification of textbooks, in charge of assessment committees, which translates in the allocation of a certification of quality scientific-pedagogical 9; b) An evaluation phase and adoption, to be carried out by teachers in schools with a view to assessing the adequacy of the educational project certificates manuals. 3-the procedures to be followed to safeguard the public interest when, for extraordinary circumstances, it is not possible to conclude in good time the phase of evaluation and certification, are determined by decree-law.
Article 9 evaluation and certification of other pedagogical-didactic resources the Government can determine evaluation and certification procedures for other educational-pedagogical resources that set up suitable for the teaching and learning process, regardless of the type of support.
Section II evaluation and certification of textbooks article 10 evaluation Committees
1-The evaluation committees have a mission to perform the evaluation for certification of textbooks, have scientific, technical and pedagogical autonomy and are constituted by order of the Minister of education, on a proposal of the Ministry of education responsible for pedagogical and curricular coordination. 2-The evaluation committees are organized per cycle, per year of schooling, by discipline, or for disciplinary curricular area and consist of a minimum of three and a maximum of five experts of recognized competence, namely: integrating the) higher education teachers and researchers of the scientific and pedagogical areas; b) Teachers of discipline, cash office; c) members of scientific and educational societies or associations of the area related to the assessment in question.
10 3-where appropriate, the assessment committees may also integrate other experts of recognized competence. 4-whenever possible, the Ministry of education will prompt higher education institutions and companies or scientific associations and the educational experts who will join the committees referred to in the preceding paragraphs. 5-the members of the evaluation committees cannot be authors of textbooks or stop any direct or indirect interests in publishing companies. 6-it is up to the service of the Ministry of education responsible for pedagogical and curricular coordination ensure the technical and logistical support to evaluation committees. 7-the evaluation for certification can still be carried out by duly accredited for this purpose by the Ministry of education responsible for coordinating pedagogical and curriculum, in terms to be defined by decree-law.
Article 11 Application for certification of quality 1-evaluation procedure for the certification of school manuals begins with the establishment, by the maximum leader of the Ministry of education responsible for coordinating curricular, pedagogical and a period, not less than one month, for the submission of applications by the entities referred to in paragraph 1 of article 5 2-the expiry of the deadline set in the previous paragraph has at least six months about the beginning of the process of adoption of manuals. 3-the decision that determines the start of the evaluation procedure for the certification of school manuals referred to in paragraph 1 is publicized on the official website of the Ministry of education. 4-conditions of admission Are the application for evaluation of textbooks for scientific and pedagogical quality certification:) Have been expressly developed for primary and secondary education; b) Submit declaration regarding material characteristics particularly with regard to the shape, weight, robustness and size of print characters;
11 c) Be accompanied by the certificate of linguistic and scientific review as well as the compliance with the standards of the international system of units and writing; d) Have been carried out the payment of the amount set for the acceptance of the bid. 5-the decision on acceptance of the bid of manuals for evaluation and certification of the competence of the maximum leader of the Ministry of education responsible for pedagogical and curricular coordination 6-the evaluation process for certification, in your set, follows a calendar with a maximum duration of 12 weeks from the date of communication of acceptance of the bid.
Article 12 evaluation and decision-making criteria 1-committees In evaluation for certification of textbooks, the Committees consider the following mandatory criteria: a) linguistic and conceptual scientific Rigor; b) suitability for development of jurisdiction in the national curriculum; c) Accordance with the objectives and content of the programs or curriculum guidelines in force; d) pedagogical quality and didactics, in particular with regard to the method, the organisation, information and communication; and) balanced and non-discriminatory Treatment of the issues of citizenship and gender equality; f) Possibility of reuse and adaptation to the duration laid down. 2-The evaluation committees meet also to social and cultural diversity of the universe of students intended use the textbooks, as well as the plurality of educational projects for schools. 3-Evaluation Committee decisions and the reasons therefor are set out in a final report which is the subject of the hearing writing of candidates. 4-during the process of evaluation for certification, the assessment committees can proceed with a recommendation to amend specific aspects of manual 12.
Article 13 effects of assessment 1-the result of the evaluation by the evaluation committees is expressed in a Certificate or certificate Not mention, being approved by the maximum leader of the Ministry of education responsible for pedagogical and curricular coordination. 2-the Publisher or author whose manual is subject to certification can advertise it by the media to understand, in particular by means of this convenient mention on the cover or on the back of the manual.
Article 14 1 Feature-the order of approval referred to in paragraph 1 of the preceding article optional hierarchical appeal to the Minister of education. 2-to form your decision on the appeal provided for in the preceding paragraph, the Minister of education determine the review of the report by the Committee of evaluation or request other experts opinions of recognized competence and good repute.
Section III-evaluation and adoption of textbooks article 15 General principles 1-the adoption of textbooks is the result of the process by which the school or group of schools evaluates the adequacy of the certificates, in accordance with paragraph 1 of article 13, to the respective educational project 2-the adoption of textbooks for schools and groups of schools is the responsibility of its coordinating body and educational guidance and should
13 be duly substantiated and reported in the evaluation grids prepared for this purpose by the Ministry of education responsible for pedagogical and curricular coordination. 3-the adoption process lasts for four weeks, from the second week of the third period of the academic year prior to the beginning date of the textbooks. 4-the adoption of textbooks is made by duration of basic and secondary education programmes, in accordance with article 4 Article 16 of Decision no adoption When appropriate to its educational project, the coordinating body and educational orientation of schools and of groups of schools may not proceed to the adoption of textbooks, and in this case, the grounds of this decision be communicated to the service of the Ministry of education responsible for pedagogical and curricular coordination.
Article 17 handbooks for students with special educational needs of extended character in the process of adopting textbooks intended for pupils with special educational needs involved compulsorily extended special education teachers, being taken into consideration the existence of available books in adapted format, appropriate to the students concerned.
Article 18 Amendments to the list of textbooks adopted further to the disclosure of adoption and of your insertion in the textbooks of the Ministry of education are not allowed changes to lists of textbooks adopted, unless recognized need proven by the service of the Ministry of education responsible for pedagogical and curricular coordination.
14 article 19 procedures for adopting and publicizing The other procedures for the adoption and dissemination of the adoption of textbooks by schools and by the following groupings of schools are defined by order of the Minister of education.
Section IV promoting textbooks and other didactic-pedagogical resources article 20 general principles 1-promotion activities, directly or indirectly, from textbooks and other didactic-pedagogical resources within the educational institutions have a duration of two weeks and may not go beyond the end of the first week of the third period of the school year prior to the beginning of the period of validity of the adoption of the textbooks. 2-The steering bodies of the schools and of groups of schools ensures the transparency and publicity of the activities to promote textbooks that are carried out in your interior and ensure the effective equality of access between all promoters. 3-promotion activities of textbooks and other didactic-pedagogical resources, to be held in accordance with the provisions of the preceding paragraphs, are directed to the competent body for your adoption, being prohibited any promotional activity aimed at teachers likely to condition the adoption decision, namely that includes the provision of textbooks as well as of any other educational-pedagogical resource.
Article 21 incompatibility of the promotional activities is forbidden to any faculty member, employee, agent or owner of any other 15 employment to the Ministry of education, the development of activities to promote textbooks and other didactic-pedagogical resources within the grounds of schools.
Chapter III price of textbooks and other didactic-pedagogical resources article 22 Principles the price of textbooks and other didactic-pedagogical resources for basic education and for secondary education meets the interests of families and of the editors and is founded on the principles of freedom, on the one hand, and social equity, on the other, bearing in mind the specific nature of the public good and the imperative to provide citizens with a high level of education.
Article 23 the price of textbooks and other didactic-pedagogical resources 1-The price of textbooks and other didactic-pedagogical resources are subject to the agreed price to be fixed by order of the Ministers of economy and innovation and education. 2-The maximum prices of the textbooks and other didactic-pedagogical resources may still be laid down by order of Ministers of economy and innovation and education, in the following cases: a) Absence at all of Convention; b) celebration of the Convention does not cover all editors. 3-in the case of subparagraph (a)) of the preceding paragraph, the price is set taking in particular into account the prices of textbooks and the evolution of the consumer price index. 4-in the case of subparagraph (b)) of paragraph 2, the prices to be fixed are the appointment.
Article 24 16 1 price indication-The textbooks and other didactic-pedagogical resources shall contain, on the cover or on the back cover, the indication of the selling price to the public, expressed in euro, specifying which includes VAT. 2-Each textbook or other educational-pedagogical resource contains a single indication of retail selling price, that has a maximum character, and cannot in any way be changed or replaced.
Chapter IV monitoring and evaluation article 25 Board of monitoring and evaluation of Textbooks 1-for tracking all the materials concerning textbooks, in particular of the adoption system, evaluation and certification governed by this law, is made up of the Council for monitoring and evaluation of Textbooks. 2-the Council is constituted as a Committee within the National Council of education. 3-members of the Council representatives of the Ministry of education, the Ministry of economy and innovation, the Presidency of the Council of Ministers through the public administration in charge of the promotion of citizenship and gender equality, the National Association of Portuguese municipalities, associations of parents and guardians, associations of publishers, associations and scientific societies and educational associations. 4-members of the Council for monitoring and evaluation of Textbooks are appointed by order of the Minister of education.
Article 26 1 Operation-the Council for monitoring and evaluation of Textbooks draws up its rules of operation.
17 2-for the purposes of participation in the activities of the Council for monitoring and evaluation of Textbooks, its members are dismissed from professional activities, public or private, which are regarded as effective service for all legal purposes. 3-the meetings of this Council are drawn up minutes.
Chapter V school article 27 social action principles to school social action on the implementation of the principle of equity and equality of opportunity in access to educational-pedagogical resources and the conditions of success of students.
Article 28 economic Aid for the purchase of textbooks and other didactic-pedagogical resources 1-social school action is through various forms of intervention to support families, particularly the most deprived, in access to manuals and other resources formally adopted. 2-the provisions relating to socio-economic aid for the purchase of textbooks and other didactic-pedagogical resources listed in the diploma which regulates social action.
Article 29 Loan of textbooks within the framework of your autonomy and within the framework of the corresponding educational projects, schools and groups of schools can create arrangements for the loan of textbooks in accordance with principles and rules to regulate.
18 Chapter VI sanctions article 30 Regime merely social ordering illegal 1-Constitutes a misdemeanour punishable by a fine of € 500 to € 2000 violation of the prohibition contained in article 21. 2-constitutes a misdemeanour punishable by a fine of € 2500 to € 22 000: a) failure arising from commitments made in the framework of the claims application process the assessment of textbooks provided for in subparagraph (b)) of paragraph 4 of article 11; b) falsehood on attestation of scientific and linguistic review, as referred to in point (c)) of paragraph 4 of article 11. 3-constitutes a misdemeanour punishable by a fine of € 5,000 to € 44 000:) indicating the retail price on the cover or on the back cover of the textbooks or other educational-pedagogical resources; b) replacement, alteration or tampering of the maximum retail selling price indicated in each textbook or other educational-pedagogical resource. c) promotion activities, directly or indirectly, from textbooks and other didactic-pedagogical resources, inside of schools, which extend for more than two weeks or occurring after the end of the first week of the third period of the school year prior to the beginning of the period of validity of the adoption of textbooks; d) promotional activities directed to professor individually considered and likely to condition the adoption decision. 4-the negligence and the attempt is punishable, and the amounts of the fines provided for halved.
Article 31 19 1 procedures Statement-the statement alleged infringement procedures relating to the offences referred to in paragraphs 1 and 2 and in (c)) and d) of paragraph 3 of the preceding article shall be borne by the General Inspectorate of education. 2-the statement alleged infringement procedures relating to the offences referred to in paragraph 1 (a)) and (b)) of paragraph 3 of the preceding article shall be borne by the Food and economic Safety Authority. 3-the application of the fines provided for in this law shall: a) to the Inspector-General of education as regards procedures relating to offences referred to in paragraphs 1 and 2 and in (c)) and d) of paragraph 3 of the preceding article; (b)) to the imposition of fines in Economic and advertising, with regard to the procedures relating to offences referred to in paragraph 1 (a)) and (b)) of paragraph 3 of the preceding article.
Article 32 Product of the fines the proceeds of fines imposed under the provisions of this law reverses in: 60% to the State); b) 20% to the Directorate-General for innovation and curriculum development; c) 20% for the service that instruct the process.
Article 33 disciplinary sanctions the violation of the prohibition contained in article 21 constitutes serious violation of the duty of impartiality and loyalty.
Chapter VII transitional and final provisions article 34 manual assessment already adopted 20 1-until all the manuals adopted have been the subject of evaluation and certification, may, by order of the Minister of education, be given the manual assessment already adopted and in use for any grade level and curricular area or discipline to discipline. 2-the manual assessment already adopted, to be carried out by entities identical to those described in article 10, aims to verify compliance of those manuals with the respective programmes as well as to assess the rigor and the scientific and educational quality of its contents. 3-the assessment referred to in the preceding paragraphs is expressed quantitatively in a mention of favorable or unfavorable. 4-In case of an unfavourable review, the service of the Ministry of education responsible for pedagogical and curricular coordination will develop, in accordance with the regulation, the procedures leading to the correction of the deficiencies found by the editors and, in case of introduction of such corrections will determine the revocation of the adoption of the manual.
Article 35 the adoption calendar calendar of adoption in force can be changed by order of the Minister of education, in order to extend the period of validity of the adoption of manuals, since assessed pursuant to previous article, with a view to settling in time the procedure of adoption of textbooks.
Article 36 Exceptions under adoption, evaluation and certification of textbooks disciplines or disciplinary curriculum areas in which there is no place for formal adoption of textbooks or in which it has a purely optional, as well as those in which the textbooks and other didactic-pedagogical resources are not subject to the system of evaluation and certification of textbooks are defined by decree-law.
21 Article 37 welfare for families in need must be ensured the charge of textbooks and other didactic-pedagogical resources formally adopted for basic education within three years after the publication of this law.
Article 38 shall be repealed: the set Standard) Decree-Law No. 369/90, of 26 November; b) Ministerial order No. 186/91, March 4, as amended by ministerial order No. 724/91, of 24 July.
Seen and approved by the Council of Ministers of 13 April 2006 the Prime Minister
The Minister of the Presidency Minister of Parliamentary Affairs
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