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1 PROPOSAL of law No. 110/X explanatory memorandum 1. The National Defense Council (NSDC) is one of the fundamental elements of the system of State bodies directly responsible for national defense and the armed forces. Then you find your Foundation last on Constitution, in article 274, introduced in the first constitutional amendment of 1982, prefacing the structuring of the Council through law No. 29/82 (law of national defense and the armed forces). The CSDN has been configured from the origin as an organ of variable geometry, effects and administrative advisory to others, being their different composition in two situations. As a consultative body working in plenary, but while administrative authority no longer forms part of the representatives of the Assembly of the Republic, the Presidents of the regional Governments and the representatives of the Republic for the Azores and Madeira. Over the 24 years of existence of the CSDN, this current historical form, two findings correlated were getting progressively support: the first, the increasing importance, in the organic system of national defense, their specific advisory function, and the second, in parallel, of which some of his administrative responsibilities represented an excessive overload for the due observance of this advisory role. Adding that some of these administrative tasks to the Council, as certain appointments and promotions, no longer appeared necessary did not have sense, and can these use satisfactorily to other organs of the State. These two findings were himself strengthening as the political-military framework and concerns that generated in 1982 iam getting dated, and if necessary the concentration in response to new challenges and unavoidable realities as the end of the cold war, the military and strategic business transformation, the outbreak of terrorism or the international peace support missions, or here only internally, the end of compulsory military service. 2 But the legal regime of the Council is not only dated face realities, is also the face of Misfit constitutional and legislative development itself, as will be discussed further on. The National Defence Act – which has been amended six times, without that in none of these amendments has modified the operation of the Council — will be one of the main objects of the reform of the law of national defense and the armed forces that the Government perspective for brief, in the framework of the revision of the conceptual building, organic and the legislative national defense and Armed Forces currently underway. Deserves, therefore, that the Government explanation come at this time to propose this amendment, for the Council, a bill that will meet more general review soon. There are two explanations for this condition. The first arises from the urgency of the changes felt given the circumstances described. The second is that, by strengthening the consultative function CSDN, be to strengthen its capacity to participate automatically in the process of reforming the national defence underway. What is good for the Council, it is also good for the reform as a whole. The review of the composition, competences and functioning of the Council that now presents itself is a timely reform, to the extent that answers to these immediate concerns, without excluding the possibility of additional changes in parallel or in interaction with the more general reform referred to above. Affects a number of areas, but the guideline is always enhancing the consultative organ vocation, that is, we must focus on, across the political system, with its Presidency to compete to the President of the Republic, and with representatives of the Assembly of the Republic, the autonomous regions and the Government, through the Prime Minister and Ministers-nuclear in these areas. In this way, the CSDN has the ideal conditions to be a forum of debate and qualified advice, and even eventually conciliation procedure, whether in military defense issues, whether in matters of military support to foreign policy, do you really want to cross-sectoral issues of national defense in its widest sense.
2. Within this guideline, the Advisory Council appreciation proposes is the result of three orders: the extension of consultative powers; strengthening the Advisory composition and the reduction of administrative tasks. 3 first of all, the extension of consultative powers. This includes the transition from appreciation of the strategic concept of national defence administrative consultative role. Implying that this important instrument of national defense can be not only pass parsed, as voted by all members of the CSDN, including therefore the six members only integrate Advisory form. Also proposes, at this point, raise the level of advisory competence expresses the evaluation the involvement of Portuguese military contingents abroad, missions of crisis management, humanitarian or establishment or consolidation of peace, the international commitments of the State. These missions have a great significance in terms of projection of the State foreign policy, have been the subject of regular discussion and opinion within the CSDN, and in legislative terms, are already the subject of monitoring by the Assembly of the Republic, whether on the basis of the Constitution (fourth revision in 1997) or on the basis of the law of national defense (fifth amendment in 1999). Justified so this matter is high Advisory Council's express jurisdiction, in accordance with the nature of specific organ to the national defense affairs, pursuant to paragraph 2 of article 274 of the Constitution. Secondly, the strengthening of the consultative composition. At this point it is proposed the integration of the members of the Council, and by extension, the President of the National Defense Committee of the Assembly of the Republic, and according to the will in this sense expressed in the meeting of the Council itself. Finally, thirdly, reducing administrative skills cast. As mentioned before these have been set up, in general terms, and as mentioned, an overweight unnecessary to the operation of CSDN, and are, in General, overcome by real trends and even sometimes by its own line of legislative developments. Two of these cases, which now intends to review, are the promotions of officers and generals of certain appointments to military officials, whose jurisdiction of confirmation retreats of the Council, with solutions that do not affect the substance or ceremony that accompany these actions. In short, this proposal reflects the willingness to expedite as soon as possible the functioning of the Council, so that it can better fulfil its role as Forum increasingly attentive to the evolution of reality and active, and how specific organ of consultation in the areas of national defense and the armed forces. So, understand the 4 Government that the revision of the Statute of the Council should be the subject of an independent proposal, anticipating the more general review of the law of national defense and the armed forces. Thus, this Bill means seventh amendment to Act No. 29/82 (National Defence Act) but a change strictly contained in the rules governing the Council of national defense, and as such should be understood by legislators and interpreters. Has been obtained in accordance with the opinion of the Supreme Council of national defense.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly the following proposal for Republic law: Article 1 subject-matter this law amends Act No. 29/82 of 11 December (Law of national defense and Armed Forces) with regard to the composition, powers and functioning of the Supreme Council of national defense.
Article 2 amendment to Act No. 29/82 of 11 December The articles 25, 28, 29, 36, 44, 46 and 47 of the Act No. 29/82 of 11 December (Law of national defense and Armed Forces) as amended by laws Nos. 41/83, of 21 December, 111/91, of 29 August, 113/91 , of 29 August and 18/95, of 13 July and Organic Laws Nos 3/99 of 18 September and 4/2001, of 30 August, are replaced by the following:% quot% article 25 [...]
1 – the definition of systems of forces necessary for the fulfilment of the missions of the armed forces is approved by the Board of Governors of national defense, on a proposal of the Minister of national defence, based 5:00 pm project of the Council of Joint Chiefs of staff. 2 – […].
Article 28 [...]
1 – […]. 2-promotions to general officer, as well as the promotions of officers, generals of any branch of the armed forces shall be by resolution in this sense of the Council of Joint Chiefs of staff, this deliberation that is preceded by a proposal from its Chief of staff, the Board of Governors. 3-promotions referred to in the preceding paragraph are subject to approval by the Minister of national defence and confirmation by the President of the Republic, without which do not produce any effects. 4 – […]. 5 – […].
Article 29 [...]
1 – […]. 2 – […]. 3 – it is incumbent upon the Minister of national defence to appoint, upon a proposal by the Chief of staff, the holders of the following positions: a) Vice Chiefs of the branches; b) Naval Commander; c) operational commander of the army; d) operational commander of the air force; e) [Repealed]; f) [Repealed]; g) [Repealed]; h) [Repealed]. 6 4-nominations and exemptions referred to in the preceding paragraph must be confirmed by the President of the Republic, without which do not produce any effects. 5 – it is incumbent upon the Minister of national defence, on a proposal from the Chief of the General staff of the armed forces or of the Chief of staff, as appropriate, appoint or remove holders of the following positions: the Commanders of operational commands) directly dependent of the Chief of the General staff of the armed forces; b) commanders of the Military Academy, the Naval Academy and the Air Force Academy; 6-appointments by the President of the Republic to the offices referred to in point (e)) of paragraph 4 of article 38 thereof, as well as the nominations for the posts referred to in paragraph 1 (a)) and (b)) of paragraph 2 and paragraphs 3 and 5, can only relate to admirals, vice-almirantes, generals or tenente-generais, while others put no result of the law, on the State of active. 7-[previous paragraph 6].
Article 36 [...]
1 – […]. 2 – the Ministry of national defence provides the technical and administrative support necessary to perform the duties of the Prime Minister in matters of national defense and the armed forces. 3 – […].
Article 44 [...]
1 – […]. 2 – […]: a) [...]; b) [...]; 7 c) [...]; d) [...]; e) [...]; f) [...]; g) [...]; h) [...]; i) [...]; j) propose to the Board of Governors of National Defense Military strategic concept confirmation and approval, under a project of the Council of Joint Chiefs of staff, the missions of the armed forces and systems of the strength necessary for their fulfilment; l) […]; m) […]; n) […]; o) […]; p) approve the promotions to general officer, as well as the promotions of officers, generals of any of the branches of the armed forces, after deliberation of the Council of Joint Chiefs of staff. 3 – […].
Article 46 [...]
1 – […]. 2 – […]. 3 – […]: a) […]; b) […]; c) Ministers responsible for the national defence, Foreign Affairs, Home Affairs, finance, industry and energy and of transport and communications; d) Chief of the General staff of the armed forces; and to the representatives of the Republic), autonomous regions of the Azores and Madeira; 8 f) Presidents of the regional Government of the Azores and Madeira; g) National Defense Committee of the Assembly of the Republic; h) chiefs of the branches; I) two members to Parliament, elected in accordance with this law. 4 – the composition of the Supreme Council of national defense, while administrative authority, covers the members referred to in (a)), b), c) and (d)) and h) of the preceding paragraph. 5 – […]. 6 – the Council ordinarily meets once every three months, and extraordinarily whenever to it is convened by the President of the Republic, on its own initiative or at the request of the Prime Minister. 7-the Supreme Council of National Defense Secretariat for a general officer or by a public official enabled with a degree appropriate to the exercise of the function, which will be appointed and dismissed by the President of the Republic on the proposal of the Government. 8-the Secretary of the Board shall be treated for all intents and purposes the director-general. 9 – the technical and administrative support to the Supreme Council of national defence is provided by the General Secretariat of the Presidency of the Republic, in whose budget the funds necessary are entered to its execution.
Article 47 [...]
1 – […]: a) […]; b) […]; c) national defence strategic concept; d) legislation concerning national defense organization and definition of the obligations which flow from it and the General Organization, operation bases, re-equipment and discipline of the armed forces and the conditions of employment of the armed forces in a State of siege and State of emergency 9; e) [former subparagraph (d))]; f) Involvement of military contingents abroad within the framework of the international commitments of the Portuguese State, in missions under the State of war; g) [previous article)]; h) approve proposals for appointment and dismissal to the posts referred to in article 29, paragraph 2, to be submitted to the President of the Republic; I) [previous subparagraph (g))]; j) [previous paragraph (h))]; l) [previous subparagraph (i))]. 2-[...]:) [Repealed]; b) Confirm the military strategic concept and approve the missions of the armed forces and the forces necessary to your systems performance, after proposal of the Minister of national defence; c) […]; d) […]; e) [Repealed]; f) […]; g) [Repealed]; h) […]. 3-the opinions of the Supreme Council of national defence are not published, except where the Council exceptionally the determine; the acts committed by the Council in accordance with paragraph 2 of this article shall be published in the case of subparagraph (f)) and are the way to resolution.
Seen and approved by the Council of Ministers of 14 December 2006 the Prime Minister, the Minister of the Presidency 10 Parliamentary Affairs Minister
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