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DRAFT LAW NO. 261 /X

PROTOCOLAR RULES OF THE CEREMONIAL

OF THE PORTUGUESE STATE

1. Celebrated already thirty years of the democratic regime in Portugal, instituted by the

Revolution of the April 25, it is apparent that the Portuguese ceremonial is

outdated and lacked with deep reforms.

2. Ora, the protocolar rules shall express the very nature of the State

democratic. Their practical application comes into the eye within the citizens and the

citizenships, not least young people and more still in these our times when the

impact of the media audiovisual is so strong, exercising, therefore, a decisive

pedagogical effect, which is always desired positive.

3. The present draft law intends to define clear protocolar rules,

corresponding to the deep realities of Portuguese democracy. Proceeds, by

this, to a torn ungovernmentalization of the ceremonial, still imbued today

of prejudices from other eras, fortunately outdated.

4. To achieve to be accepted and respected, the protocolar precepts cannot

even seem arbitrary, before they have to take place of the structure itself

constitutional of the state. So it does in the articulate that follows:-putting on the

place due to Parliament, as a nevralogical centre of democratic power and

mirror of the pluralism of Portuguese society; giving prevalence to the posts

resulting from popular election; disposing of the insertion in the ceremonial of the

State of the governing bodies of the Autonomous Regions as well as of the

Local Power. They also establish guarantees of plural representation, in a way

to avoid any temptations of ownership of the State by any majorities,

always transitional.

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5. The ceremonial is of the State but it cannot ignore the entities with which the

even relates, from soon the foreign states and the organisms

international, as well as other institutions of diverse nature. Search-if

establish principles of equiparation, which always respect the prestige of the

State and facilitate your institutional relationship.

6. You will need to amend precepts of other laws, to standardize criteria, now

finally faced in a global perspective, on the structure and organisation

of the democratic state. Immediately, it determines the revocation of all the

norms on protocolar precedence constants of any diplomas, legal

or regulatory.

In these terms, it presents itself to the Assembly of the Republic, under the

applicable provisions of the Constitution and the Rules, the following:

Draft Law

Rules Protocolars of the Ceremonial of the

Portuguese State

Section I

General Principles

Article 1º

Subject

1. The present law has on the hierarchy and the protocolar relationship of the

entities of the Portuguese state.

2. The present law further provides about the articulation with such a hierarchy of others

entities, entered in the state relations scheme.

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Article 2º

Application

The provisions of this Law shall apply throughout the national territory and also in the

diplomatic and consular representations of Portugal abroad.

Article 3º

Caveat

1. Stay resurred, in the ceremonies of a religious nature, the peculiar rules of the

Catholic church and the other existing confessions in Portugal.

2. For the entities of the State participating in such ceremonies, by invitation or

another official title, it beams the list of the constant precedence of this Law.

Article 4º

Representation

1. The representation of one entity by another can only do itself under the

express legal provision.

2. Treating it as an entity provided for in the Constitution, the representative can only

assume the protocolar status of the represented if the respective existence is

also provided for in the Constitution and this is authorized by this Law.

Article 5º

Guarantee of pluralism

1. In official ceremonies and other occasions of representation of the State, of the

Autonomous Regions and the Local Power shall be ensured the presence of

holders of the various bodies of the scope corresponding to the organising entity,

as well as from the immediately lower level.

2. The representation of organs of pluripartisan composition shall always include,

in reasonable proportion, members of Majority and Opposition.

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Section II

Order of the Precedences of the

Entities of the Portuguese State

Article 6º

List of Precedances

The entities of the State hierarchized, from the protocolar point of view, by 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 Court

Constitutional;

5. Vice-Presidents of the Assembly of the Republic;

6. Deputy First-Minister;

7. Ministers;

8. President or Secretary General of the largest party of the Opposition;

9. Presidents or Secretaries-General of the other political parties with

representation in the Assembly of the Republic;

10. Presidents of Parliamentary Groups of Political Parties with

representation in the Assembly of the Republic;

11. Chief of the State-General Staff of the Armed Forces;

12. Provider of Justice;

13. Attorney-General of the Republic;

14. Presidents of the Supreme Administrative Court and the Court of

Accounts;

15. Representatives of the Republic for Autonomous Regions;

16. Presidents of the Legislative Assemblies of the Autonomous Regions;

17. Presidents of the Regional Governments;

18. Former Presidents of the Republic and other State Councillors;

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19. Former Presidents of the Assembly of the Republic and former First Nations-

Ministers, by order of seniority in the exercise of the office;

20. Admirals of the Armada and Marechais;

21. Chancellors of the Portuguese Honorary Orders (Old Orders

Military, National and of Civil Merit);

22. Heads of the Member States of the Armada, the Army and the Air Force;

23. Heads of the Civil and Military Casas 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 Permanent Commissions of the Assembly of the Republic;

26. Secretaries of State;

27. Deputies to the Assembly of the Republic;

28. Deputies to 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 Prosecutor-General of the Republic;

31. Regional Secretaries of the Governments of the Autonomous Regions;

32. Sub-Secretaries of State and Regional Undersecretaries of the Governments of the

Autonomous Regions;

33. Deputies to the Legislative Assemblies of the Autonomous Regions;

34. Members of the Councils of the Portuguese Honorary Orders and of the

Economic and Social Council;

35. Rectors of the Universities of Public Law and Presidents of the

Polytechnic Institutes, by order of seniority of the respective

foundation;

36. Presidents of the Portuguese Academy of History and the Academy of the

Sciences of Lisbon;

37. Secretaries-General of the Presidency of the Republic, of the Assembly of

Republic, the Presidency of the Council of Ministers and the Ministry of the

Foreign Affairs;

38. Head of the State Protocol;

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39. Deputy Chiefs of Staff of the Armada, Army and the Force

Air;

40. Commanders-General of GNR and PSP and National Director of Police

Judicial;

41. Presidents and members of National Councils, Higher Councils,

National Commissions, Altas Authorities, by order of seniority, in

each class, of the respective institution;

42. Bastonaries of the Orders and Professional Associations of public law,

by order of seniority of the respective foundation;

43. Governors Civilians;

44 Judges of Relation and Equitable Courts, Attorneys General-

Adjoining the Republic; Juions-Presidents of Judicial Circle and

equants and Prosecutors of the Republic;

45. General three-star generals;

46. Provider of the Santa Casa da Misericórdia de Lisboa, President of the Union

of the Portuguese Misericordias and President of the Red Cross

Portuguese;

47. Presidents of the Municipal Chambers;

48. Presidents of the Municipal Assemblies;

49. Judges of Comarch and Prosecutors of the Adjoined Republic;

50. General two-star officers;

51. Vereadores of the Municipal Chambers;

52. Presidents of Freguesia Junes and members of the Assemblies

Municipal;

53. Heads of Cabinet, by order of precedence of the respective

entities;

54. Directors-General and equiparated entities, by order of the respective

ministries and in each of them by seniority;

55. Secretaries-General of the Legislative Assemblies and the Presidencies of the

Regional Governments and the Directors-Regional of the Autonomous Regions,

by order of the respective government departments and in each

one of them by seniority;

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56. Presidents of the Freguesia Assemblies and members of the Juntas and of the

Assemblies of Freguesia;

57. Commanders of Military and Responsible Units of the Forces

militarized and police of equivalent degree;

58. Service Directors and other leaders of the Public Administration.

Article 7º

Equiparations

1. State entities not expressly mentioned in the constant list of the

previous article will be framed in the positions of those whose competences,

material and territorial, further come closer.

2. Between entities of identical hierarchical position, precedes the one whose title

result of popular election, preferring seniority among those who have equal

title.

3. The spouses of the entities of the State shall only be assigned as equated to the

same when they are accompanying them.

Section III

Organs of Sovereignty

Article 8º

President of the Republic

1. The President of the Republic takes absolute precedence and presides over any

official ceremony in which you are personally present, apart from acts

held in the Assembly of the Republic.

2. The President of the Republic shall be replaced, in the constitutional terms, by the

President of the Assembly of the Republic, who enjoys then, as President-

Interim, of the protocolar status of the President of the Republic.

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3. The President of the Republic cannot make himself represented by anyone, not

enjoying, therefore, precedence over more categorized entities any

personal delegate of it.

Article 9º

President of the Assembly of the Republic

1. In the Assembly of the Republic, the respective President preside always, even

that is present the President of the Republic.

2. The President of the Assembly of the Republic presides over any official ceremony,

provided that you are not personally present the President of the Republic, except

to acts carried out in the Supreme Court of Justice or in the Court

Constitutional.

3. The President of the Assembly of the Republic is replaced and may do so

represent, in the constitutional and regimental terms, by one of the Vice-

Presidents of the Assembly of the Republic, which enjoys then the status

protocolar of the President.

Article 10º

Prime Minister

1. The Prime Minister is replaced, in his absence or impediment, by a

Deputy Prime Minister, if any, or by the Minister to indicate to the President

of the Republic.

2. The Deputy Prime Minister or the Minister who replaces the Prime Minister goza

of the respective protocolar status.

3. Neither the Ministers nor any other entities may represent the

Prime Minister.

Article 11º

President of the Supreme Court of Justice and

of the Constitutional Court

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1. The President of the Supreme Court of Justice represents, for purposes

protocolars, the Judicial Power.

2. No other judicial entity can be assigned or paid any honours

equivalent to those of the President of the Supreme Court of Justice.

3. Except for the provisions of the preceding paragraph the President of the Court

Constitutional.

4. The President of the Supreme Court of Justice and the President of the Court

Constitutional presiding always in the respective courts, except being

present the President of the Republic.

Article 12º

Vice-Presidents of the Assembly of the Republic

1. The Vice-Presidents of the Assembly of the Republic have among themselves the precedence

corresponding to the representativeness of the respective Parliamentary Group.

2. The Vice President who replaces or represents the President of the Assembly of

Republic, by reason of absence, impediment or delegation of this, goza of the

their respective protocolar status.

Article 13º

Deputy First-Ministers

There are no Deputy Prime Ministers, the corresponding place is occupied by the

Minister who has been appointed to replace the Prime Minister in his absences

or impediments.

Article 14º

Ministers

1. Ministers are to order the organic diploma of the Government under the Government.

2. In the ceremonies of a diplomatic nature, the Minister of Foreign Affairs

precedes all others.

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3. In the ceremonies of a military nature, the Minister of National Defence precedes

all the others.

4. In the ceremonies of the scope of each ministry, the respective Minister has the

precedence.

Article 15º

Senior Party Leaders and Parliamentarians

1. The Presidents or Secretaries-General of the political parties with representation

in the Assembly of the Republic, as well as the respective Presidents of the Groups

Parliamentarians, they order themselves as per their electoral representativeness.

2. The President or Secretary General of the largest party of the Opposition has treatment

own.

Article 16º

Counsellors of State

The State Counsellors not yet expressly mentioned are ordered,

according to constitutional determination, in the following way: former Presidents of the

Republic, by seniority in the exercise of the office; personalities designated by the

President of the Republic, as per the diploma of appointment; personalities elected by the

Assembly of the Republic, second to the respective election.

Article 17º

Chairpersons of Parliamentary Committees

The Presidents of the Permanent Commissions of the Assembly of the Republic

order as per the provisions of the resolution that has instituted them.

Article 18º

Deputies to the Assembly of the Republic

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1. Deputies to the Assembly of the Republic ordained second to

electoral representativeness of the respective party.

2. It is the following the order of parliamentary posts not yet mentioned: Member

of the Board of Directors, Secretary of the Bureau, Vice President of Group

Parliamentarian, Deputy Secretary of the Bureau and Parliamentary Group Secretary.

3. In the constituency for which they were elected, the Deputies have among themselves the

precedence arising from the order of the respective election, resonated however that

that results from the accumulation, by any of them, of another post or dignity.

Article 19º

MEPs to the European Parliament

1. Deputies to the European Parliament order second to representativeness

of the respective parties in the corresponding elections and, within each party,

for the reason of parliamentary post.

2. The post of Vice President of the Bureau confers priority on the whole,

ordering the respective holders, should there be several, on the grounds of

representativeness of the respective Parliamentary Group.

3. Applies to the other posts of the European Parliament, with the necessary

adaptations, the order mentioned in this diploma.

Article 20º

Secretaries and Undersecretaries of State

The Secretaries and the Undersecretaries of State are ordered under the diploma

organic of the Government.

Article 21º

High Magistrates

The Judges of the High Court of Justice, of the Constitutional Court, of the

Supreme Military Tribunal, the Supreme Administrative Court and the Court of

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Accounts are ordered, within each of the respective institutions, by seniority in the

exercise of the duties, preceding the Vice-Presidents, if any.

Section IV

Autonomous Regions

Article 22º

Representative of the Republic

1. The Representative of the Republic has, in the respective Autonomous Region, the first

precedence, which gives in when the President of the Republic is present, the

President of the Assembly of the Republic and the Prime Minister.

2. The Representative of the Republic shall not be able to represent himself by anyone.

3. The Representative of the Republic shall be replaced, in the constitutional terms, by the

President of the Legislative Assembly, which enjoys then the respective status

protocolar.

Article 23º

President of the Legislative Assembly

1. The Speaker of the Legislative Assembly immediately follows the Minister of

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 shall always preside over the respective sessions,

as well as to the acts by it organised, 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 may do so

represent by one of the Vice-Presidents, which enjoys then the status

protocolar of the President.

Article 24º

President of the Regional Government

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The President of the Regional Government immediately follows the President of the

Legislative Assembly.

Article 25º

National and Regional Ceremonies

1. In national ceremonies, the Representatives of the Republic for the Regions

Autonomous, the Presidents of the Legislative Assemblies and the Presidents of the

Regional Governments order themselves as per seniority in the exercise of the

respective posts.

2. The entities of each of the Autonomous Regions have in the other statute

protocolar identical to that of the respective homologues, immediately following the

corresponding position.

Article 26º

Entities of the Republic

1. The entities mentioned in Article 6º with precedence over the Secretaries

Regional and not yet expressly referred to, when in the Autonomous Region,

follow immediately, by the respective order, the President of the Government

Regional.

2. The Secretaries of State, however, when in the Autonomous Regions, equipped themselves

to the Regional Secretaries and immediately follow the one who, from among them,

have the precedence, worth the same for the Undersecretaries of State in

relation to the Regional Undersecretaries.

Article 27º

Former Presidents of Legislative Assemblies and

of the Regional Governments

The former Presidents of the Legislative Assemblies and the Governments of the

Autonomous Regions, in ceremonies in these carried out, should be equated with the

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respective Deputies to the Assembly of the Republic, immediately following the position

of the first of these.

Article 28º

Regional Parliamentary and Partisan Entities

1. The Vice-Presidents of the Regional Legislative Assembly, the Presidents or

Secretaries-General and the Presidents of Parliamentary Groups and the Presidents

of the Permanent Commissions precede, when present, the Secretaries

Regional.

2. The President or Secretary General of the largest party of the Opposition has treatment

own.

3. To the Members of the Regional Legislative Assembly the provisions of the article shall apply

18º, with due adaptations.

Article 29º

Regional Secretaries

1. The Regional Secretaries shall order each other as set out in the

organic diploma from the Regional Government.

2. Out of the cases provided for in articles 26º to 28º, the Regional Secretaries follow

immediately the President of the Regional Government.

3. That of the Regional Secretaries to replace the President of the Government

Regional, by reason of absence, impediment or delegation of this, goza of the

their respective protocolar status.

Article 30º

Military Commanders

The operational commanders of the archipelagos and the commanders of the respective

military zones will occupy the place immediately following the entities with status

protocolar of Regional Secretary.

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Article 31º

Other Entities

1. The equiparations set out in Section VI of this Law apply, with the

due adaptations, in the regional protocol.

2. The Consular Corps is expected to put itself soon after the Secretary General of the

Presidency of the Government, or equivalent post.

Section V

Local Power

Article 32º

Chairpersons of the Municipal Chambers

1. The Chairpersons of the Municipal Chambers, in the respective county, shall enjoy the

protocolar status of the Ministers.

2. The Presidents of the Municipal Chambers shall preside over all the acts carried out in the

Pains of the Concelho or arranged 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, they have still precedence the

Representative of the Republic, the President of the Legislative Assembly and the

President of the Regional Government.

3. In national ceremonies or of the Autonomous Regions held in the respective

concelho, the Presidents of the Municipal Chambers immediately follow the

position of former Prime Ministers or Presidents of Governments

Regional, respectively, but, if Mesa there is, in it will take place, in

appropriate terms.

Article 33º

Chairpersons of the Municipal Assemblies

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1. The Chairpersons of the Municipal Assembly, in the respective county, follow

immediately the Speaker of the Chamber, except if they are present the

entities referred to in Article 6º (4 a) (6º).

2. The Presidents of the Municipal Assemblies always preside over the sessions

correspondents, except if the President of the Republic is present, the

President of the Assembly of the Republic or the Prime Minister; and, in the Regions

Autonomas, still the Representative of the Republic, the President of the Assembly

Legislative or the President of the Regional Government.

Article 34º

Presidents of the Juntas and the Freguesia Assemblies

The Presidents of the Juntas and the Freguesia Assemblies, as representatives

democratically elected of the populations, have, in the respective constituencies, status

analogous to that of the Presidents of Chambers and Municipal Assemblies, summing up these

last to the entities to whom they must give in the precedence and who are the ones mentioned in the

articles 32º and 33º.

Section VI

Other Entities

Article 35º

Foreign And International Entities

The entities of foreign states and international organizations have

treatment protocolar equivalent to the homologous national entities.

Article 36º

Entities of the European Union

1. The President of the European Parliament, when in Portugal, immediately follows

the President of the Assembly of the Republic and European parliamentary entities

their Portuguese counterparts.

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2. The President of the European Council shall immediately follow the Prime Minister,

except if you are Head of the State, in which case you immediately follow the President

of the Republic.

3. The President of the European Commission immediately follows the Prime Minister and

the European Commissioners the corresponding Portuguese Ministers.

4. The judicial and administrative entities of the European Union shall be given

treatment analogous to the provisions of the previous figures.

Article 37º

Entities of the Catholic Church and other religious denominations

1. When they appear in official ceremonies, the entities referred to in epitographe

will have reserved place aside, ordering themselves by order of the respective deployment

in Portuguese society.

2. If this is not possible, they receive the corresponding treatment to the civil entity

with homologous territorial competence.

3. The Patriarch of Lisbon, the Cardinals and the President of the Episcopal Conference

Portuguese have protocolar treatment equivalent to that of the Ministers and

precedence in the face of them.

Article 38º

Diplomatic Entities

1. The foreign ambassadors accredited in Lisbon, when it cannot be-

reserved place aside, immediately follow the Secretary General of the Ministry

of Foreign Affairs, ordering among themselves for the reason of seniority of the

presentation of the respective letters credentials, safeguarded the traditional

precedence of the Apostolic Nuncio, such as Decane of the Diplomatic Corps.

2. When on an official visit, duly attended, to the Autonomous Regions or to

districts or concelhos of the mainland territory of the Republic, the ambassadors

foreigners accredited in Lisbon are entitled to treatment equivalent to that of the

Ministers.

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3. On the occasion of official visits of high-end foreign delegations, the

ambassador of the country in question integrates the entourage of the entity that she presides over,

occupying, with identical honours, position immediately following those that

in it have treatment equivalent to that of the Minister.

4. Portuguese ambassadors accredited abroad, when in Portugal,

are treated in the same protocolar terms of the foreign ambassadors.

5. Diploma representatives of degree inferior to the ambassador are

equated with Portuguese diplomats of the same category and these, by their

shift, to the other servers of the State of identical level.

6. The Consul-General, Consuls and Vice-Consules of career precedes the

Consules and Vice-Honorary Consuls, ordering all of them, in each

category, by the seniority of the respective letters patent.

7. In the sedes of diplomatic representations abroad, the respective holder

preside always, except being present the President of the Republic, the

President of the Assembly of the Republic, the Prime Minister or the Minister of the

Foreign Affairs.

8. On visits of Portuguese delegations headed by entities with status

Protocolar of Ministers, will fit these precedents in all external acts

of the respective programme.

Article 39º

Relatives of Heads of Foreign Affairs

The relatives of foreign Heads of State should be treated as

special guests of the President of the Republic and placed together with him or, not being

present, from whom you have, by virtue of the highest protocolar precedence, the Chair.

Article 40º

Direct Descendants of the Old

Portuguese Royal Family

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1. The direct descendants of the former Portuguese Royal Family, when guests

for official nation-wide ceremonies, occupy the place immediately

follow the former Prime Ministers.

2. In The Autonomous Regions, the respective place is the immediately following the

former Presidents of the Regional Governments.

3. In ceremonies of a concelhio scope, they follow the President of the Assembly

Municipal.

Article 41º

Entities of Higher Education

1. The Rectors of Universities and the Presidents of Polytechnic Institutes

preside over the acts carried out in them, except when present the

President of the Republic or the President of the Assembly of the Republic.

2. The deputations of the academic cloisters, who participate in official ceremonies,

follow immediately the respective Rectors or Presidents.

Article 42º

Civil Governors

The Civil Governors, in the respective district, as representatives of the Government,

immediately follow the position of the Ministers.

Section VII

Final Provisions

Article 43º

The Repeal Standard

The precepts of any legal or regulatory diplomas are revoked

previous, which establish different protocolar precedence or contrary to those of the

present law.

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Article 44º

Entry in Vigor

This Law shall come into force, on the whole of the national territory, on the thirtieth day

subsequent to their publication.

Lisbon and the Palace of Saint Benedict,

The Deputies,