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1 PROPOSAL of law No. 137/X explanatory memorandum the XVII constitutional Government triggered the process of reform of the Public Security Police (PSP) and the National Republican Guard (GNR) by Council of Ministers resolution No. 44/2007, of 19 March, outlining the main guidelines that should guide the preparation of legislative acts necessary for their implementation , among which the law approving the organic of PSP. There were established the following fundamental objectives: adequate coordination between the two forces, the rationalisation of its resources and the multi-annual programming of investments in infrastructure and equipment, in order to improve the quality of services provided to citizens and the conditions of work in the security forces. Proper articulation of areas of responsibility between the security forces, one of the capitals of reformation, assumes the Elimination of situations of discontinuity or overlap of means, in particular within its territorial device, a process that is already underway with the approval of the ministerial order No. 340-A/2007, of 30 March care to proceed with the revision of the relevant provisions of the organic law of the two forces in particular those that establish the respective roles and territorial scope. In this sense, the PSP performs their duties throughout the country, enabling the Government, in the case of assignments simultaneously committed to the GNR, the set, by Ordinance, the area of responsibility of the PSP.
On the other hand, the deep organic reform Ministry of Internal Affairs, in the framework of the program of Restructuring the State's Central Administration (PRACE), approved by Council of Ministers resolution No. 124/2005, of 4 August, to devote the appropriate instruments to the implementation of shared services in the fields of international relations, works, procurement, information and communications systems, and the creation of shared management of Government Resources , E.P.E. (GeRAP), which allows the hiring of services in some areas of human and financial resources management, provide a boost to new organic laws of the security forces. The combination of these factors makes possible a 2 2 unprecedented reduction of the weight of the administrative area along the chain of command, which, among other benefits no less relevant, frees valuable human resources to operational functions. Is this aimed at streamlining the Organization and use of the features of the PSP that determines the main changes in the new organic. Sets, so organizing of the PSP, in particular the National Directorate and the special units, and the revision of the framework levels. The restructuring of National processes for two equally essential forms: the law defines three organic units-operations and safety, human resources, logistics and finance-and areas included in each one of them; It is up to the Government, adopt, by Ordinance, the number, the skills, the internal structure and the positions of the respective services. It is, therefore, in the background, that will reach all the benefits emerging from the new organic Ministry of Internal Affairs for the organization model of the PSP and the national structure that this passes the disposal to a better management of their resources and adequate coordination of their units. These benefits will be extended with the implementation of the technological plan of the Ministry of internal affairs which will give security forces of new working tools, dematerializing acts and simplifying procedures through the use of articulated new information and communication technologies. The organic unity of operations and strict security measures in the areas of criminal investigation and private security. The areas covered by the organic units of the logistics and human resources and finances are reviewed on the basis of skills, respectively, of the Directorate-General for infrastructure and equipment (DGIE) and the Directorate General of internal administration (DGAI). The clear institutional strengthening of financial sector in the structure of the Ministry of administration allows and advises also the extinction of the Superior Council of Financial Administration. Also fits the definition of government services directly dependent on the national director. The configuration of the religious service will be regulated itself, having been asked to advise the Attorney General of the Republic and the Commission of religious freedom on the conformity of the present Religious service of the PSP with the religious freedom law, approved by law No. 16/2001, of 22 June, and with the Concordat between the Portuguese Republic and the Holy See signed on 18 May 2004 in Vatican City, approved for ratification by resolution 3 of the Assembly of the Republic n° 74/2004, of 16 November and ratified by Presidential Decree No. 80/2004 of 16 November. In the context of territorial units, here referred to as territorial police commands, keeping the model of regional, metropolitan and district commands. It is, however, created the regional command of the autonomous region of the Azores, extinguishing the three similar existing commands. Acts, Furthermore, about the subunits of the territorial police commands, which reduce to the Division and to the station, and about the services of these commands, which today encompasses the areas of operations and security, administration and general support, logistics and finance, ethics and discipline and studies, planning and public relations.
You enable the Government to adopt, by Ordinance, the creation and extinction of these subunits as well as the conformation of the services of the territorial commands of police, in accordance with the same principles already set out for the National Directorate. Special units-special operations group, Body and Body of personal security – are integrated in a single unit, which covers even the Centre of inactivation of Explosives and safety in Underground and the Cinotécnico operational group, without prejudice to the expertise of its members and promoting their full enjoyment along the way. The creation and extinction of subunits of the Special Police Unit, as well as the services that drive, compete equally to Government. In order to ensure proper management of the officer corps and the strengthening of basic level are appropriate levels of controls and of the divisions of the complexity of the respective function. It should be noted, finally, that the new proposed organic, refraining from intervening in matters whose definition it is the Internal Security Act, relegates to diploma own all questions relating to the rights and duties of the staff of the PSP or the respective pay status. Has been heard about this proposal of law the national director of the PSP.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 4 approved the public safety police organic title I General provisions chapter I Nature, assignments and symbols article 1 Definition 1-security police of Public Security, hereinafter called PSP, is a security force uniform and armed, with nature and with administrative autonomy. 2 – the PSP's mission is to ensure the democratic legality, guaranteeing internal security and the rights of citizens under the Constitution and the law. 3 – the PSP is organized hierarchically in all levels of its structure, with the staff with police functions subject to the chain of command and personnel without police functions subject to the General rules of the civil service hierarchy.
Article 2 the PSP Dependence depends on the Member of Government responsible for Internal Administration and its organisation is unique to the entire national territory.
Article 3 º Assignments
1 – in situations of institutional normality, PSP assignments are derived from the internal security legislation and, in exceptional situations, the result of legislation on national defense and about the State of siege and emergency. 2 – Are attributions of the PSP: 5 a) Ensure security conditions permitting the exercise of rights and freedoms and the respect for the guarantees of citizens, as well as a fully functioning of democratic institutions, respect for legality and the principles of the rule of law; b) Ensure order and public tranquility and safety and protection of persons and property; c) Prevent crime in General, in coordination with other forces and security services; d) Prevent the practice of other acts contrary to the law and regulations; and) Develop research actions and criminal offences which is assigned by law, delegated by judicial authorities or requested by the administrative authorities; f) ensure compliance with the laws and regulations relating to road transport and road traffic, and promote and ensure road safety, in particular through the surveillance, planning and discipline of the transit; g) Ensure the implementation of administrative acts issued by the competent authority which aim to prevent the breach of the law or its continuing violation; h) Participate in the control of entry and exit of people and goods in the national territory; I) Protect, help and assist citizens and defend and preserve the goods that are in dangerous situations, for causes from human action or of nature; j) Keeping the monitoring and the protection of sensitive points, in particular, road, rail infrastructure, airports and ports, public buildings and other critical facilities; l) ensure security in the shows, including sports and other recreation and leisure activities, in accordance with the law; m) prevent and detect situations of trafficking and consumption of narcotic drugs or other banned substances, through surveillance and patrols of the zones referred to as places of trafficking or consumption; n) ensure compliance with the legal and regulatory provisions relating to the protection of the environment as well as prevent and investigate its illicit; the) Participate, pursuant to law and the commitments arising from agreements, 6 international treaties and conventions, in the implementation of foreign policy, in particular in international operations of civilian crisis management, peace, and humanitarian, as well as in international police cooperation missions and within the European Union and on the country's representation in international organisations and institutions; p) contribute to the training and information relating to public safety; q) continue the other attributions that are conferred by law. 2 – are attributions of the PSP: the) license, control and supervise the manufacture, storage, trade, use and transport of weapons, ammunition and explosive substances and similar companies that do not belong or are intended for the armed forces and other forces and security services, without prejudice to the powers of oversight legally committed to other entities; b) license, control and monitor the activities of private security and training, in cooperation with other forces and security services and with the General Inspectorate of internal administration; c) Ensure the personal safety of members of the organs of sovereignty and of national and foreign dignitaries, as well as of other citizens, when subject to credible threat situation; d) ensure permanent contact point for international exchange of information on the phenomena of violence associated with sport;
Article 4 private conflicts the PSP cannot resolve private disputes, and, in these cases, limit its action to maintain public order.
Article 5 territorial scope 1-PSP assignments are pursued throughout the national territory. 2-in the case of assignments committed simultaneously to the National Republican Guard, the area of responsibility of the PSP is set by order of the Minister of tutelage. 7 3-outside the area of responsibility set pursuant to paragraph 1, the intervention of the PSP depends on: a) the request of another security force; b) special order; c) legal enforcement. 4 – the PSP can continue its mission outside the national territory, provided that legally mandated for this purpose.
Article 6 Duties of cooperation 1-the PSP, without prejudice to the statutory priorities of its activity, cooperates with the other forces and security services, as well as with public authorities, in particular with the organs in local authorities and other bodies, in accordance with the law. 2 – the authorities of central, regional and local administration, public services and other public or private entities must provide the PSP the collaboration that legitimately request them for the performance of their duties. 3 – administrative authorities shall communicate to the PSP, when prompted, the content of the decisions on infringements which it has participated.
Article 7 National Standard PSP and its units of police, including formed units to act outside the national territory, and the police, education institutions have the right to use the national standard.
Article 8 1 Symbols – the PSP is entitled the coat of arms, heraldic flag, anthem and white seal. 2 – the National Directorate, police units and educational establishments are entitled to a coat of arms, heraldic flags and white seal. 3 – the national director is entitled to the use of pennant. 8 4-the symbols provided for in the preceding paragraphs are approved by order of the Minister of tutelage.
CHAPTER II authorities and police bodies article 9 Commanders and agents of public force 1-the elements of PSP in exercising command of forces have the category of public force commanders. 2-public force shall be deemed, for the purposes of the preceding paragraph, the effective minimum of two officers in service. 3-the elements of the PSP with police functions are considered agents of the public force and authority when they should not be assigned.
Article 10 and 1 Police Authorities – are considered police authorities: the national director); b) Deputy National Directors; (c)) the national inspector; d) the Commander of the Special Police Unit; and) the commanders of the units and subunits to the precinct level. 2-the authorities referred to in the preceding paragraph police determine the application of the measures provided for in the law.
Article 11 authorities and criminal police bodies 1-for the purposes of the code of criminal procedure: a) "criminal police Authorities", the entities referred to in paragraph 1 of the preceding article; 9 b) "criminal police Bodies", all elements of the PSP with police functions responsible for any acts ordered by judicial authority or determined by that code. 2 – While criminal police bodies, and without prejudice to the hierarchical organization of the PSP, the police functions of PSP personnel acting under the direction and on functional dependency of the competent judicial authority. 3-the acts determined by the judicial authorities are carried out by the elements designated for that purpose by their chain of command, under its tactical and technical autonomy.
Article 12 measures and means of nötigung 1 – within the framework of its tasks, the PSP uses the legally provided for measures and the conditions and terms of the Constitution and the Internal Security Act, and may not impose restrictions or make use of means of coercion beyond what is strictly necessary. 2-Who Skip the obedience due to the order or warrant, reported regularly and legitimate from the police authority or agent of authority of the PSP, is punished with the penalty legally provided for qualified disobedience.
CHAPTER III performance and requisition of services article 13 1 forces request – The administrative and judicial authorities may request the PSP action of forces for the maintenance of order and public tranquility. 2-the forces request is presented to the competent regional or local police authority, indicating the nature of the service to be performed and the reason or the order that justifies. 3-ordered forces act within the framework of its competence and in order to fulfil its mission, keeping total subordination to commands that depend on. 10 article 14 provision of special services 1-the PSP can keep people with police functions in organisms in the public interest, on conditions laid down by order of the Minister of tutelage. 2-PSP personnel may be employed in service to international organizations or foreign countries, depending on national interests and the commitments made within the framework of international cooperation, in accordance with legally established. 3-the staff referred to in paragraph 1, for the purposes of public order, directives of the command with jurisdiction in their area. 4 – the PSP can still provide special services upon request, which, after being authorized by the competent authority, are remunerated by the respective stakeholders in terms that are regulated.
Article 15 provision of services to other public bodies 1-Without prejudice to the mission that you are committed and under the coadjuvação duty of the courts, the PSP can affect people with police functions to carry out the communication activities of the procedural acts provided for in the code of criminal procedure. 2 – the PSP can still affect people with police functions to serve the organs and entities of the central, regional and local administration. 3-delivery and payment of the actions provided for in the preceding paragraphs, when not regulated by special law, are subject to the Ordinance members of the Government responsible for the areas of Home Affairs and finance and tutelage of the requester entity.
Article 16 cooperation with public and private entities 1-Without prejudice to the fulfilment of its mission, the PSP can provide cooperation to 11 other public or private entities that request it, in order to ensure the security of persons and property or for the provision of other services, by specific requests which are formulated, which will be subject to case-by-case decision. 2-the central administration may establish agreements with local authorities for the implementation of the responsibilities of construction, acquisition or improvement of facilities and buildings for the PSP whenever the opportunity and convenience reasons the advise. 3-payment for services carried out by PSP under paragraph 1 is regulated in the ministerial order referred to in paragraph 3 of the preceding article.
TITLE II general organisation CHAPTER I General provisions article 17 general structure the PSP cover:) the National Directorate; b) Police units; c) police education institutions.
Article 18 National Directorate 1 – National Directorate comprises: a) the national director; (b)) The national directors-deputies; c) the Board of Governors, the Board of Police Ethics and discipline and the Top Board of health; d) inspection; e) organic units and security operations, human resources and logistics and finance 12. 2-Work, yet, depending on the national director, the Department of General and Support services in the areas of planning and studies, legal consultancy, professional ethics and discipline, public relations and religious counseling.
Article 19 1-police units on PSP there are the following: the police units) Special Police Unit; b) territorial police commands. 2-Are territorial commands of police: the police regional commands); b) Metropolitan Police commands in Lisbon and Oporto; c) district police commands. 3-police units may be established for fulfilment of missions outside the national territory, in accordance with the law.
Article 20 educational institutions Are educational institutions police officer: a) the higher Institute of Police Science and internal security; b) school police Practice.
CHAPTER II National Directorate section I National Director 13 article 21 1 – Competence to the national director, in General, lead, direct, coordinate, manage, control and monitor all organs, commands, services and educational establishments of the PSP. 2-in addition to the powers of upper management positions themselves, it is incumbent upon the national director: the) Represent the PSP; b) preside over the Supreme Council of Police; c) presiding over the Council of ethics and discipline; d) place and transfer personnel with police functions and does not policemen, according to the needs of the service; e) Exercise disciplinary authority; f) Authorise the performance by PSP of special services at the request of other entities; g) Determine the inspections bodies and PSP services in all aspects of their activities; h) Sanction refereed by licenses together; I) Approve decisions of Superior Health Board; j) licensing, authorizations and other administrative powers provided for in law; l) exercise the powers delegated to it. 3-the director may delegate in all levels of personnel skills, unless the law expressly prevent. 4 – the competence referred to in subparagraph (a)) of paragraph 2 is delegável in any element of the personnel of the staff of the PSP. 5 – the national director is assisted by three Deputy National Directors, who run the organic units of operations and security, logistics and human resources and finance. 6-the national director is replaced, on his absences or impediments, Deputy national director who runs the organic unity of operations and security.
14 article 22 1 Office – the national director is supported by a cabinet consisting of the Chief of staff and Assistant and personal Secretary. 2 – it is incumbent upon the Office of the national director shall assist, advise and acted as the national director in the performance of their duties. 3-the Office is headed by a Chief of staff, Office of intermediate direction.
Article 23 Deputy National Directors Compete to Deputy National Directors:) the national director shall assist in the performance of their duties; b) exercise direction and coordination of the organic unit is assigned by order of the national director; c) exercise the powers delegated or subdelegated by the national director.
SECTION II inspection Bodies and inspection Bodies article 24 consultation and consultation On direct dependence of the national director work the following bodies: a) the inspection; b) the Board of Governors, the Board of Police Ethics and discipline and the Junta Superior de Saúde, consultation bodies.
15 article 25 1 Inspection-inspection service is directly dependent on the National Manager, who carries out the internal control in the operating areas, administrative, technical, and financial to verify, monitor, evaluate and report on the performance of all services of the PSP, with a view to promoting: a) the legality, regularity, the effectiveness and efficiency of operational activities, budgetary and management of assets and the management of personnel; b) the quality of the service provided to the population; c) the achievement of business plans and decisions and internal instructions. 2-the inspection is conducted by the national inspector. 3-rules of procedure of the inspection is approved by order of the Minister of tutelage.
Article 26 1 police High Council-the Supreme Council of police (CSP) is an advisory body of the national director to which rule on the issues concerning the activity of the PSP and its relationship with the population, support the decision of the director in matters of particular relevance and, in particular: a) an opinion on the objectives, requirements and strategic plans of the PSP and its implementation; b) comment on the legal or regulatory provisions concerning the PSP, when requested; c) rule, the request of the Minister of tutelage, on any matter concerning the PSP. 2 – make up the CSP: a) the national director, presiding; b) Deputy National Directors; (c)) the national inspector; d) regional commanders of the Azores and Madeira; e) Metropolitan commanders of Lisbon and Porto and the Special Police Unit; 16 f) the directors of the police education institutions; g) the directors of the services responsible for the areas of operations, human resources and logistics; h) Three district commanders, to appoint national director; I) four other members elected from among candidates submitted by the unions, in accordance with the law; j) A vowel elected from among the officers of rank of Chief Superintendent, Superintendent and Intendant; l) two members elected from among the subintendentes, Commissioners and subcomissários; m) Three vowels elected from among the members of the career of Chief; n) five vowels elected from among the elements of his career as agent; the) A vowel elected from among the employees belonging to the workforce without police functions. 3 – the form of designation and election of members of the CSP and its rules of operation are approved by order of the Minister of tutelage.
Article 27 Board of professional ethics and discipline 1 – the Board of professional ethics and discipline (CDD) is an advisory body of the national director, which appreciate and formulate an opinion on the subjects that will be submitted relating to professional ethics and discipline and exercise the powers that the law and disciplinary regulations confer on it. 2-Compose the CDD: a) the national director, presiding; b) Deputy National Directors; (c)) the national inspector; d) A regional police commander to be determined by national director; and A Metropolitan Police Commander), to be determined by national director; f) district police commanders, Two to be designated by the director; g) the head of the Office responsible for professional ethics and discipline; h) Three vowels elected from among candidates submitted by the unions, in accordance with the law. 3-the rules of operation of the CDD and the form of designation and election of 17 members is approved by order of the Minister of tutelage.
Article 28 Top Board of Health
1 – the Junta Superior de Saúde (JSS) is the organ the racing judging the degree of ability to the PSP personnel service that, by order of the national director, you are present, as well as issue opinions on resources pertaining to decisions based on opinions formulated by medical PSP joints. 2 – the JSS is the head of the Office responsible for the health and sickness, who chairs, and two doctors appointed by the national director.
SECTION III article 29 organic units and Security Operations to organic operations and security unit comprises the areas of operations, information officers, criminal investigation, guns and explosives, security, information and communications systems.
Article 30 Human Resources human resources organisational unit comprises the areas of human resources, training and assistance in health and disease.
Article 31 logistics and finance the organic unity of logistics and finance comprises the areas of logistics and financial management.
18 article 32 the number Services, the skills, the internal structure and the positions of the Macau organic units are defined by ministerial order, pursuant to law No. 4/2004, 15 January.
SECTION IV General support article 33 General Service Department 1-to Support General (DAG), the administrative framework, for the purposes of discipline, and operational staff, as well as the Administration and control of the facilities, equipment and other material, and the receipt, dispatch and file of all correspondence of the National Directorate. 2-the DAG may also provide administrative support to other units of the PSP. 3 – it is incumbent upon the DAG to ensure the operation of the library, the Central, the Museum and the band of the PSP. 4 – the PSP library works with the Instituto Superior de Ciências Cops and homeland security by integrating your current bibliographic collection.
CHAPTER III section I police units territorial Commands of police article 34 1 Characterization – The territorial Commands are territorial units in direct dependence of the national director are continuing the attributions of the PSP in its area of responsibility 19. 2-In each of the autonomous regions of the Azores and Madeira there is a police regional command, based respectively in Ponta Delgada and in Funchal. 3-The Metropolitan Police commands have headquarters in Lisbon and Porto. 4-district police commands have headquarters in Aveiro, Beja, Braga, Bragança, Castelo Branco, Coimbra, Évora, Faro, Guarda, Leiria, Portalegre, Santarém, Setúbal, Viana do Castelo, Vila Real and Viseu.
Article 35 territorial commands Police Organization understand the command, services and subunits.
Article 36, metropolitan and district regional commanders 1 – regional commanders, district and metropolitan police, in their area of responsibility, shall: a) Represent the PSP; b) exercise of the respective territorial command command, through the management and use of human, material and financial resources which they are assigned; c) Appoint the commanders of sub-units; d) place and transfer personnel according to the needs of the service; e) Exercise disciplinary authority; f) Determine inspections to all activities of the and command of subunits; g) exercise the powers delegated or subdelegated by the director as well as run and do run all the determinations of this; h) Exercise all other powers provided for legally in public and private security. 2-regional commanders, district and Metropolitan of police may delegate their powers in their second masters, unless the law expressly prevent. 3 – it is incumbent upon, in particular, the regional police commanders: a) the command of all the forces of the PSP in the area of their autonomous region; 20 b) Promote actions for the enforcement of the legal provisions and regulations on road transport and road traffic on all public roads; c) Articulate with the Regional Government operational activity in matters whose tutelage the region; d) Keep informed the Government agencies own the security situation in their territory; e) cooperate with the organs of the region on matters from the scope of the tasks of the PSP and in solving the problems related to police functions. 4-the regional police commander of the Azores may delegate its powers in the division commanders. 5 – the competence referred to in subparagraph (a)) of paragraph 1 is delegável in any element of PSP from their command.
Article 37 Second-Commander 1-regional commanders, district and Metropolitan Police are assisted by a second in command. 2 – The second Commander replace, in his absences or impediments, its commander and are replaced, on his absences or impediments, by the highest-ranking officer or, if there are multiple of equal degree, by the oldest.
Article 38 1 Subunits-territorial commands subunits of police are the Police Division and the downtown. 2-police divisions comprise the operational and administrative areas. 3-our stations are operational subunits.
21 Article 39 1 subunits command – command of the subunits is exercised by a commander, assisted by a Deputy. 2 – the Deputy is the oldest element placed in the subunit, except name the Commander of territorial police command.
SECTION III Special Police Unit article 40 Special police unit Mission (UEP) is a unit specially dedicated to the maintenance and restoration of public order, combating situations of concerted violence, personal safety of members of the organs of sovereignty and of dignitaries and inactivation of explosives and safety in underground.
Article 41 1-Organization the UEP comprises the following operational subunits: a) the intervention Body; (b)) the special operations group; c) the body of personal safety; d) the center of inactivation of Explosives and safety in Underground; and the Operational Group Cinotécnico). 2-By order of the Minister of tutelage, on the proposal of the national director, can be highlighted, or placed on a permanent basis, forces of UEP in operational, logistics and administrative dependency of territorial police commands.
22 article 42 Body body intervention (CI) is a reserve force to the national director, specially prepared and intended to be used in: the) maintenance and replacement of public order; b) concerted violence fighting; c) collaboration with the commands in the patrol, under conditions to be set by order of the national director.
Article 43 special operations group the special operations group (GOE) is a reserve force of the PSP, the order of the national director, intended primarily to combat violence, which exceeds the normal means of action.
Article 44 Body Personal Security personal security body (CSP) is a specially prepared and dedicated to the personal safety of dignitaries, members of the organs of sovereignty, police protection of witnesses or other citizens subject to threat, within the framework of the tasks of the PSP.
Article 45 Central inactivation of Explosives and safety in Underground Explosives inactivation Center and safety in Underground (CIEXSS) is a core management and technical training of the specialty of detection and inactivation of explosive devices and security underground.
23 article 46 operational group Operational Group Cinotécnico Cinotécnico (GOC) is a specially prepared subunit and dedicated to the application of Canids in the framework of competences of the PSP.
Article 47 EPU Commander Without prejudice to the provisions of paragraph 1 of article 57, the Commander of the UEP has the powers referred to the territorial police commanders.
SECTION IV subunits and services article 48 Subunits the creation and extinction of subunits of the territorial police commands and the UEP are approved by order of the Minister of tutelage.
Article 49 the Services creation and extinction and the functioning of the services of the territorial police commands and the UEP are approved by order of the Minister of tutelage.
CHAPTER IV police education institutions 24 Article 50 higher Institute of Police Science and internal security 1-the higher Institute of Police Science and internal security (ISCPSI) is an Institute of higher education that University Police's mission is to train police officers, promote their permanent improvement and undertake, coordinate or collaborate in research and development projects in the field of Police Sciences. 2 – the ISCPSI gives, pursuant to law, academic degrees in their field of study. 3-the Organization and functioning of the ISCPSI are defined by regulatory decree.
Article 51 1 police Practice School-the School of police (EPP) is an educational establishment officer, depending on the National Director, which courses and stages of training, improvement and updating of agents and bosses, and specialization for all personnel of the PSP. 2 – the Organization and functioning of the EPP are defined by regulatory decree.
TITLE III Provision article 52 National Director 1-recruitment for the post of national director is made, by choice of Chief Superintendents, or licensed individuals of recognized reputation and professional experience, linked or not to the Public Administration. 2-the provision of Office is done by joint decree of the Prime Minister and the Minister of tutelage. 3 – the post is provided in service for a period of three years, renewable for equal periods. 4 – the renewal of the service should be notified to the party concerned until 30 days before its expiry, ceasing the same automatically at the end of the respective period 25 if the Minister of tutelage has not expressly manifested their intention to renew, in which case the leader will remain in day-to-day management functions until the appointment of the new holder of the Office. 5-for the purposes of eventual renewal of the Commission, the competent authority must be informed, at least 90 days of the end of each Commission, ceasing this automatically at the end of the respective period where it is not complied with that formality. 6 – at any time, the Commission considers may be given by order of the Minister of tutelage, on his own initiative or at the request of the person concerned.
Article 53 Deputy National Director 1-recruitment for the post of Deputy national director is made, by choice of Chief Superintendents, or between licensed individuals of recognized reputation and professional experience, linked or not to the Public Administration. 2 – the Deputy national director who runs the organic unity of operations and security, always a Chief Superintendent. 3-the provision is done by order of the Minister of tutelage, apply the provisions of paragraphs 3, 4 and 5 of the preceding article. 4-at any time, the Commission considers may be given by order of the Minister of tutelage, on his own initiative, on a proposal from the national director, or at the request of the person concerned.
Article 54 national Inspector 1-recruitment for the post of national inspector is made, by choice of Chief Superintendents. 2 – applies to the service of the national inspector, the arrangements laid down in paragraphs 3 and 4 of the preceding article shall apply mutatis mutandis.
26 article 55 recruiting commanders and seconds-1 commanders-recruitment for the posts of Commander is done, choose from among: a) Superintendents-heads or overseers, to the positions of regional and Metropolitan Police Commander; b) Superintendents, to the post of Commander of the UEP; c), Superintendents or district officers subintendentes to the positions of district police commander. 2-recruitment for the posts of second in command is done, by choice, between: the Superintendents or managers), to the positions of second-regional and Metropolitan Police Commander; b) Mayors, for the position of second in command of the UEP; c) Managers, subintendentes or Commissioners for the posts of second district police commander. 3-the Minister of tutelage, on the proposal of the national director, sets by order the Commander's station and the second in command of each territorial unit, depending on the complexity of the command and the preceding paragraphs.
Article 56 Dismissed in service 1 – the provision of offices of regional, Metropolitan, District Commander of police and the UEP, is done on Commission for a period of three years, renewable by order of the Minister of tutelage, on a proposal from the national director. 2 – the renewal of the Commission is communicated to the person concerned by the competent authority until 30 days before its expiry, ceasing the same automatically at the end of its period in the absence of communication, in which case the leader remains in the exercise of functions of day-to-day management until swearing in of the new holder of the Office. 3-for the purposes of eventual renewal of the Commission, the competent authority must be informed, at least 90 days of the end of each Commission, ceasing this automatically at the end of the respective period 27 is not complied with that formality. 4-at any time, the service commissions can be given by the competent authority by order has for the appointment, on its own initiative, on a proposal from the director or at the request of the person concerned.
Article 57 Other command positions 1 – the provision of positions of Division Commander, Commander of CI, GOE, CSP, CIEXSS and the GOC is made by order of the national director on proposals from the respective commanders. 2-the provision of the positions of Commander of the precinct is made by order of their Commander, regional or metropolitan police district.
Article 58 middle management positions of first degree 1-recruitment for post of intermediate direction of first degree is made on Commission for a period of three years, by order of the national director, by choosing between overseers or employees. 2 – recruitment for middle management positions for the first degree of services with exclusive assignments or predominantly technical-cops, is made exclusively from superintendents. 3-services with exclusive assignments or predominantly police officers shall be determined by order of the Minister of tutelage. 4 – the leaders referred to in this article the provisions laid down in paragraphs 2 to 4 of article 56.
Article 59 management positions second degree intermediate 1 – recruitment for post of second degree intermediate direction is done on Commission for a period of three years, by order of the national director, by choosing between managers or employees. 28 2-recruitment for the posts of second degree intermediate direction of services with exclusive assignments or predominantly technical officers is made exclusively from among managers. 3-The provision and recruitment for these posts shall apply the provisions of paragraph 3 of the preceding article and in paragraphs 2 to 4 of article 56.
TITLE IV financial provisions article 60 Recipes Are recipes of PSP: a) The appropriations allocated by the State budget; b) proceeds from the sale of publications and the amounts charged for activities or services rendered; c) interest of bank deposits; d) own revenues, contained the PSP; and) revenue balances contained; f) Any other income which is assigned by law, contract or through any other means.
Article 61 the PSP the expenditure Expenditure resulting from charges arising from the operation of its organs and services and the operational activity, in pursuit of the tasks that you are committed.
Article 62 exceptional Recruitment 1-By order of the Minister of tutelage, on a proposal from the director, the national police officer with appropriate training and experience, perform functions corresponding to the immediate post 29. 2-personnel provided in accordance with the preceding paragraph shall have the rights and duties inherent in the function performed. 3-staff provided the remuneration payable at the station of origin, when ceasing the functions performed, and counted the time of permanency in which has been provided, for the purposes of change of rank and seniority. 4 – If, during the time in which it is referenced in the post immediately, the promotion, the element will retain the rank in which they find until, by the normal development of this rank progression to compete, and must, for the purposes of seniority, be placed in the position it would be in normal career development.
Article 63 of the PSP activity Rates may entail the application of fees and expenses charged by entities that especially benefit with that activity under the regular on own diploma.
Title V transitional and final provisions article 64 transitional provision the organisation and functioning of social services are regulated by their own diploma.
Article 65 Regulations
1 – are regulated by Decree-Law itself: a) the organisation and operation of the ISCPSI and the EPP; b) the application of fees and expenses charged by entities that especially benefit with the activity of the PSP; 30 c) the remuneration of the director national status. 2 – the provision and payment of ordered services to PSP in accordance with article 15 and 16 of this law shall be subject to joint the Minister of tutelage Concierge, the Member of Government responsible for the finance area and, where applicable, the Member of the Government with the requester entity. 3 – the number, skills and internal structure of departments of organic units, as well as the Board of Directors of PSP, are defined by ministerial order, pursuant to law No. 4/2004, 15 January. 4 – are approved by order of the Minister of tutelage: a) the PSP area of responsibility, in the case of assignments simultaneously committed to the National Republican Guard, as well as the territorial police commands and their subunits; b) conditions in which the PSP staff with police functions can be assigned to public bodies; c) services with exclusive assignments or predominantly cops; d) the creation and extinction of subunits of the territorial police commands and the UEP; and) creation and extinction and the functioning of the services of the territorial police commands, the UEP and of schools. 5 – are regulated by order of the Minister of tutelage: a) The types of weapons in use by PSP, as well as the rules of their employment; b) Regulation of the inspection.
Article 66 set Standard is revoked the law No. 5/99 of 27 January, with the exception of: a) of articles 4 and 6, whose revocation shall take effect with the entry into force of a new internal security Act; b) articles 88, 89, 90 to 94 and 103, revocation shall take effect with the entry into force of the new staff regulations of the PSP; c) Article 105 revocation shall take effect with the entry into force of the Ordinance referred to in paragraph 3 of the preceding article.
Article 67 31 entry into force this law shall enter into force within 30 days, with the exception of article 65 which shall enter into force on the day following that of publication.
Seen and approved by the Council of Ministers of 3 May 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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