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GROUP 1 DRAFT law No. 261/X PROTOCOL RULES of the PORTUGUESE STATE CEREMONIAL 1. Celebrated 30 years of democratic rule already in Portugal, established by the Revolution of 25 April, the Portuguese ceremonial is outdated and needs profound reforms. 2. However, the Protocol rules must express the nature of the democratic State. To your practical application enters the eyes within the citizens and citizens, especially young people, and even more so in these times in which the impact of audiovisual media is so strong, and so a decisive pedagogical effect, that if you want to always be positive. 3. this draft law aims to set clear rules of Protocol, corresponding to the deep realities of Portuguese democracy. Proceeds to a torn desgovernamentalização the ceremonial, still imbued with prejudices of other eras, fortunately exceeded. 4. To achieve to be accepted and respected, the ceremonial precepts cannot even arbitrary opinion, before must arise from the constitutional structure of the State itself. That's in the articles that follow: — putting in place because Parliament, as nerve center of democratic power and mirror of the pluralism of Portuguese society; giving prevalence to the positions resulting from popular election; featuring on the insertion in the ceremonial of the State Government bodies of the autonomous regions, as well as Local Government. Also established guarantees of plural representation, so as to avoid any temptations of appropriation of the State by any majority, always transitory.
GROUP 2 5. The ceremonial of the State but can't ignore the entities with which the same relates, foreign States and international bodies, as well as other institutions of different kinds. Seeks to establish principles of equality, respect always the prestige of the State and facilitate your institutional relationship. 6. You will need to change other laws, regulations to standardize criteria, now finally seen in a global perspective, about the structure and organization of the democratic State. Immediately, the repeal of all rules of Protocol listed in precedence of any diplomas, laws or regulations.
Accordingly, the Assembly of the Republic, under the relevant provisions of the Constitution and of the rules of procedure, the following: draft law Protocol Rules of the Portuguese State Ceremonial section I General principles article 1 subject matter 1. This law provides for the hierarchy and relationship Protocol of the Portuguese State entities. 2. this law has on the relationship with such other entities hierarchy, inserted in the relations of the State scheme.
GROUP 3 article 2 Application the provisions of this Act applies throughout the country and also in the diplomatic and consular representations of Portugal abroad.
Article 3 Exception 1. Are subject, in religious ceremonies, the peculiar rules of the Catholic Church and other faiths exist in Portugal. 2. For the State entities participating in such ceremonies, by invitation or other official title, there is the list of precedence contained in this law.
Article 4 Representation 1. The representation of an entity by another can only be done under express legal provision. 2. in the case of authority provided for in the Constitution, the representative can only take the protocol status of the represented if its existence is also provided for in the Constitution and it is authorized by this Act.
Article 5 guarantee pluralism 1. In official ceremonies and on other occasions of representation of the State, the autonomous regions and the Local authorities, must be ensured the presence of holders of the various organs of the scope corresponding to the organiser, as well as of the rank immediately below. 2. The representation of multi-party composition must always include, in reasonable proportion, members of the Majority and the opposition.
GROUP 4 section II order of Precedence of the Portuguese State entities article 6 list of State entities hierarquizam Precedence, from the point of view of Protocol, in the following order: 1. President of the Republic; 2. President of the Assembly of the Republic; 3. Prime Minister; 4. President of the Supreme Court of Justice and President of the Constitutional Court; 5. Vice-Presidents of the Assembly of the Republic; 6. Deputy Prime Ministers; 7. Ministers; 8. President or Secretary-General of the largest opposition party; 9. Presidents or Secretaries-General of the other political parties with representation in Parliament; 10. Presidents of the parliamentary groups of political parties with representation in Parliament; 11. Chief of General staff of the armed forces; 12. Ombudsman; 13. Attorney General of the Republic; 14. Presidents of the Supreme Administrative Court and the Court of Auditors; 15. representatives of the Republic to the autonomous regions; 16. Presidents of legislative assemblies of the autonomous regions; 17. Presidents of regional Governments; 18. Former Presidents of the Republic and other State counselors;
19. Former Presidents of the Assembly of the Republic and former Prime Ministers, by order of seniority in the exercise of his duties; 20. Navy Admirals and marshals; 21. Chancellors of the Portuguese Honorific Orders (ancient military orders, domestic and Civil merit); 22. Chiefs of staffs of the Navy, army and air force; 23. Civilian and military Heads of the homes of the President of the Republic; 24. President of the economic and Social Council and Governor of the Bank of Portugal; 25. Presidents of the standing committees of the Assembly of the Republic; 26. Secretaries of State; 27. Members of the Assembly of the Republic; 28. Members of the European Parliament; 29. Judges of the Supreme Court of Justice and the Constitutional Court; 30. Judges of the Supreme Administrative Court and the Court of Auditors. Deputy Attorney General of the Republic; 31. Regional Secretaries of the Governments of the autonomous regions; 32. Under Secretaries of State and Regional Governments under secretaries of the autonomous regions; 33. Deputies to legislative assemblies of the autonomous regions; 34. Members of the Board of the Portuguese Honorific Orders and of the economic and Social Council; 35. public-law universities Rectors and Presidents of Colleges, in order of seniority of its foundation; 36. Presidents of the Portuguese Academy of history and of the Academia das Ciências de Lisboa; 37. The Secretaries-General of the Presidency of the Republic, the Assembly of the Republic, the Presidency of the Council of Ministers and the Ministry of Foreign Affairs; 38. Chief of Protocol of the State;
GROUP 6 39. Vice Chiefs of staff of the Navy, army and air force; 40. General Commanders of the GNR and PSP and National Director of the judicial police; 41. Presidents and members of national councils, Boards, committees, National Top high authorities, by order of seniority, in each class, of their institution; 42. Bastonários orders and Associations governed by public law, by order of seniority of its foundation; 43. Civil Governors; 44 Judges of courts of Relationship and similar, Deputy Attorneys General of the Republic; Judges-Court Circle and treated as Presidents and public prosecutors; 45. three star generals Officers; 46. Provider of the Santa Casa da Misericórdia de Lisboa, President of the Union of Portuguese Mercies and President of the Portuguese Red Cross; 47. Chairpersons of city councils; 48. Presidents of Municipal Assemblies; 49. District Court Judges and procurators of the Republic Deputies; 50. two-star generals Officers; 51. Councilors of Municipalities; 52. Presidents of Parish Councils and members of Municipal Assemblies; 53. Chamberlain, in order of precedence of the respective entities; 54. The Directors-General and similar entities, by order of the respective ministries and in each one of them by seniority; 55. The Secretaries-General of legislative assemblies and presidencies of the regional Governments and Regional Directors of the autonomous regions, by order of the respective Government departments and in each one of them by seniority;
7 56 PARLIAMENTARY GROUP. Presidents of parish Meetings and members of the joints and the parish Assemblies; 57. Commanders of military units and militarized forces and officers of equivalent degree; 58. Service Directors and other government leaders.
Article 7 Matching 1. The State entities not expressly mentioned in the list in the previous article will be framed in the positions of those whose skills, material and more territorial approach. 2. Between entities of the same hierarchical position, above the one whose title work of popular election, preferring the seniority between the that have the same title. 3. The spouses of State entities is only assimilated to the same place when assigned are to accompany them.
Section III organs of sovereignty article 8 President 1. The President of the Republic has absolute precedence and chairs in any official ceremony that is personally present, with the exception of acts carried out in the Assembly of the Republic. 2. The President of the Republic shall be replaced in accordance with constitutional, the President of the Assembly of the Republic, which boasts so as Interim Chairman, protocol status of the President of the Republic.
GROUP 8 3. The President of the Republic cannot be represented by anyone not enjoying therefore take precedence over more entities categorized any his personal delegate.
Article 9 President of the Assembly of the Republic 1. In the Assembly of the Republic, its President chairs always, even if it is present the President of the Republic. 2. The President of the Assembly of the Republic presides over any official ceremony, since you're not personally present the President of the Republic, except for acts carried out in the Supreme Court of Justice or the Constitutional Court. 3. The President of the Assembly of the Republic is replaced and can be represented, in accordance to the rules and constitutional, by one of the Vice-Presidents of the Assembly of the Republic, which boasts so protocol status of the President.
Article 10 Prime Minister 1. The Prime Minister is replaced, in your absence or impediment, by a Deputy Prime Minister, if any, or by the Minister that indicate to the President of the Republic. 2. The Deputy Prime Minister or Foreign Minister to replace Prime Minister boasts of its status protocol. 3. Neither Ministers nor any other entities may represent the Prime Minister.
Article 11 Chairman of the Supreme Court of Justice and the Constitutional Court GROUP 9 1. The President of the Supreme Court of Justice represents, for the purposes of Protocol, the judiciary. 2. Any legal entity can be assigned nor given honors equivalent to those of the President of the Supreme Court of Justice. 3. The exception to the preceding paragraph, the President of the Constitutional Court. 4. The President of the Supreme Court of Justice and the President of the Constitutional Court are always in their courts, except with the President of the Republic.
Article 12 Vice-Presidents of the Assembly of the Republic 1. The Vice Presidents of the Assembly of the Republic have the precedence corresponding to the representativeness of its Parliamentary Group. 2. The Vice President to replace or represent the President of the Assembly of the Republic, by reason of absence, impediment or delegation of this, enjoys its status protocol.
Article 13 Deputy Prime Ministers
In the absence of Deputy Prime Ministers, the place is occupied by the Minister who has been nominated to replace the Prime Minister on his absences or impediments.
Article 14 Ministers 1. The Ministers ordered according to the organic Government diploma. 2. In ceremonies of diplomatic nature, Foreign Minister precedes all others.
GROUP 10 3. In ceremonies of military nature, the Minister of national defence above all others. 4. In the scope of each Ministry, its Minister takes precedence.
Article 15 Senior party officials and members of Parliament 1. The Presidents or Secretaries-General of political parties with representation in Parliament as well as the respective Chairmen of the Parliamentary Groups, arranged according to your electoral representation. 2. The President or Secretary-General of the largest opposition party has its own treatment.
Article 16 State counselors the counselors of State still not expressly mentioned order, according to constitutional determination, as follows: former Presidents of the Republic, by seniority in the exercise of his duties; persons appointed by the President of the Republic, as the order of appointment; personalities elected by Parliament following the election.
Article 17 Presidents of the parliamentary committees, The Chairmen of the standing committees of the Assembly of the Republic order according to the provisions of the resolution which imposed.
Article 18 Deputies to the Assembly of the Republic GROUP 11 1. The Members of the Assembly of the Republic order according to their party's electoral representative. 2. The order of parliamentary posts still not listed: Member of the Board of Directors, Secretary of the Bureau, Vice-President of the parliamentary group, Deputy Secretary of the Bureau and Secretary of the parliamentary group. 3. In the constituency in which they are elected, MEPs have the precedence due to the order of their election, except however that resulting from the accumulation, by any of them, another Office or dignity.
Article 19 members of the European Parliament 1. MEPs order according to the representativeness of the respective parties in the corresponding elections and, within each party, by reason of the Office staff. 2. The post of Deputy Chairman of the Board gives priority over the set, ordering the respective holders, if there are several, for reason of representativeness of its Parliamentary Group. 3. Applies to other offices of the European Parliament, with the necessary adaptations, the order mentioned in the present law.
Article 20 Secretaries and Undersecretaries of State Secretaries and Undersecretaries of State order in accordance with the organic Government diploma.
Article 21 High Courts Judges of the Supreme Court of Justice, the Constitutional Court, the Supreme Military Court, the Supreme Administrative Court and the Court of Accounts ordered 12 PARLIAMENTARY GROUP, in each of the institutions, by seniority in the exercise of its functions, preceding the Vice Presidents, if any.
Section IV article 22 autonomous regions Representative of the Republic 1. The representative of the Republic has, in its autonomous region, the first precedence, which yields are present the President of the Republic, the President of the Assembly of the Republic and the Prime Minister. 2. the representative of the Republic cannot be represented by anyone. 3. the representative of the Republic shall be replaced in accordance with constitutional, the President of the Legislative Assembly, which enjoys so their status protocol.
Article 23 1 President of the Legislative Council. The President of the Legislative Council immediately follows the Minister of the Republic, except if it is present, the President of the Supreme Court of Justice and the President of the Constitutional Court. 2. The President of the Legislative Assembly presides at their sessions, as well as to acts for her organized, except if they are present the President of the Republic or the President of the Assembly of the Republic. 3. The President of the Regional Legislative Assembly is replaced and can be represented by a Vice-President, which boasts the protocol status of the then President.
Article 24 President of the Regional Government GROUP 13 the President of the Regional Government immediately follows the President of the Legislative Council.
Article 25 National and regional Ceremonies 1. In national ceremonies, the representatives of the Republic to the autonomous regions, the Presidents of legislative assemblies and the Presidents of regional governments ordered according to seniority in the exercise of their respective posts. 2. The entities of each of the autonomous regions have on another protocol status identical to that of its counterparts, following immediately the corresponding position.
Article 26 Entities of the Republic 1. The entities referred to in article 6 with precedence over the Regional Secretaries and yet not expressly referred to, when the autonomous region, follow immediately, by its order, the President of the Regional Government. 2. The Secretary of State, however, when in the autonomous regions, are equivalent to the Regional Secretaries and follow immediately that that, between them, have the precedence for the same to the under secretaries of State in relation to the Undersecretaries.
Article 27 former Presidents of legislative assemblies and Regional Governments The former Presidents of legislative assemblies and of the Governments of the autonomous regions, in these ceremonies performed, must be assimilated to their 14 PARLIAMENTARY GROUP Deputies to Parliament, following immediately the position of the first of these.
Article 28 Parliamentary and Party Regional Entities 1. The Vice Presidents of the Regional Legislative Assembly, the Presidents or Secretaries-General and Presidents of the parliamentary groups and the Presidents of permanent commissions above, when present, the Regional Secretaries. 2. The President or Secretary-General of the largest opposition party has its own treatment. 3. The members of the Regional Legislative Assembly applies the provisions of article 18 shall apply mutatis mutandis.
Article 29 Regional Secretaries
1. The Regional Secretaries rank among themselves according to the established in the organic Regional Government diploma. 2. Outside the cases referred to in articles 26 to 28, the Regional Secretaries come immediately after the President of the Regional Government. 3. That the Regional Secretaries to replace the President of the Regional Government, by reason of absence, impediment or delegation of this, enjoys its status protocol.
Article 30 military commanders operational commanders of the archipelagos and the commanders of the respective military zones will take place immediately following the protocol status of Regional Secretary.
15 article 31 PARLIAMENTARY GROUP other entities 1. The trade-offs established in section VI of this Act apply mutatis mutandis to the Protocol. 2. The Consular Corps should be placed immediately after the Secretary General of the Presidency of the Government, or equivalent position.
Section V Local article 32 Presidents of Municipalities 1. The Presidents of Municipalities in its municipality, shall enjoy the protocol status of Ministers. 2. The Presidents of municipal councils preside all acts performed in the town hall or organized by the respective Chamber, except if they are present the President of the Republic, the President of the Assembly of the Republic or the Prime Minister; in the autonomous regions, have precedence the representative of the Republic, the President of the Legislative Council and the President of the Regional Government. 3. In national ceremonies or autonomous regions carried out in the respective municipality, the Presidents of Municipalities follow immediately the position of former Prime Ministers or Presidents of regional Governments, respectively, but, if the table exists, it shall take place in appropriate terms.
Article 33 Presidents of Municipal Assemblies 16 1 PARLIAMENTARY GROUP. The Presidents of the Municipal Assembly in its municipality, follow immediately the Mayor, except if they are present the entities referred to in paragraphs 4 to 14 of article 6. 2. The Presidents of Municipal Assemblies preside at corresponding sessions unless they are present the President of the Republic, the President of the Assembly of the Republic or the Prime Minister; and, in the autonomous regions, even the representative of the Republic, the President of the Legislative Council or the President of the Regional Government.
Article 34 Presidents of the joints and the assemblies of Parish Presidents of the joints and the parish Assemblies, as democratically elected representatives of the people, have, in their circumscription, status analogous to that of the Presidents of the Chambers and Municipal Assemblies, adding the latter to the entities who must cede precedence and which are mentioned in articles 32 and 33.
Section VI other entities article 35 Foreign and international Entities the entities of foreign States and international organisations have protocol treatment equivalent to the nibs counterparts.
Article 36 EU Entities 1. The President of the European Parliament, when in Portugal, immediately follows the President of the Assembly of the Republic and the European parliamentary bodies their Portuguese counterparts.
GROUP 17 2. The President of the European Council follows immediately the Prime Minister, except for head of State, in which case immediately follows the President of the Republic. 3. The President of the European Commission immediately follows the Prime Minister and the European Commissioners the Portuguese Ministers counterparts. 4. judicial and administrative authorities of the European Union should be given treatment similar to the preceding paragraphs.
Article 37 entities of the Catholic Church and other religious denominations 1. When appear in official ceremonies, the entities referred to above will have reserved place, ordering by order of their deployment in Portuguese society. 2. If this is not possible, receive treatment corresponding to the civil entity with homologous territorial jurisdiction. 3. The Patriarch of Lisbon, the Cardinals and the President of the Portuguese Episcopal Conference have protocol treatment equivalent to that of the Ministers and precedence in the face of them.
Article 38 Diplomatic Entities 1. The foreign ambassadors accredited in Lisbon, when it cannot be reserved place aside, follow immediately the Secretary General of the Ministry of Foreign Affairs, ordering each other by reason of antiquity of the presentation of their credentials, safeguarded the traditional precedence of the Apostolic Nuncio, as Dean of the diplomatic corps. 2. When on an official visit, duly reported, the autonomous regions or districts or counties of the continental territory of the Republic, the foreign ambassadors accredited in Lisbon are entitled to equivalent treatment to that of Ministers.
GROUP 18 3. On the occasion of official visits of foreign delegations, the Ambassador of the country in question a member of the Entourage of her chairs, occupying, with honors, position immediately following those who have treatment equivalent to that of Prime Minister. 4. The Portuguese accredited ambassadors abroad, when in Portugal, are treated in the same way Protocol of foreign ambassadors. 5. The diplomatic representatives of degree lower than that of Ambassador are assimilated to Portuguese diplomats in the same category and these, in turn, to your other servers of similar State level. 6. The consuls-general, consuls and Vice Consuls of career precede the consuls and Vice Consuls fees, ordering all of them, in each category, the antiquity of its letters patent. 7. In the seats of the diplomatic representations abroad, its holder always presides, except being present the President of the Republic, the President of the Assembly of the Republic, the Prime Minister or the Foreign Minister. 8. In the visits of Portuguese delegations headed by entities with protocol status of Ministers, it will be up to these the precedence in all external acts of the respective program.
Article 39 foreign heads of State family relatives of foreign heads of State should be treated as special guests of the President of the Republic and placed with him or not being present, who have, by virtue of the highest precedence Protocol, the Presidency.
Article 40 direct descendants of the former Portuguese royal family GROUP
19 1. The direct descendants of the former Portuguese royal family, when invited to official ceremonies nationwide, occupy the place immediately following to former Prime Ministers. 2. In the autonomous regions, the place is immediately after the former Presidents of regional governments. 3. municipal-wide ceremonies, the President of the Municipal Assembly.
Article 41 1 higher education entities. The rectors of the universities and the Polytechnics Presidents preside acts on them, except when they are present the President of the Republic or the President of the Assembly of the Republic. 2. The representatives of the academic cloisters, participating in official ceremonies, follow immediately the respective Chancellors or Presidents.
Article 42 Civil Civil Governors, Governors in their district, as government representatives, follow immediately the position of Ministers.
Section VII final provisions article 43 Set Standard regulations are repealed any previous legal acts or regulations establishing Protocol different precedence or contrary to this law.
GROUP 20 article 44 entry into force this law enters into force, throughout the national territory, on the 30th day after your publication.
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