Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427162444d344e7931594c6d527659773d3d&fich=pjl387-X.doc&Inline=false
CDS-PP people's Party Parliamentary Group Assembly of the Republic-Palace of Saint Benedict-1249-068 Lisboa-Phone: 21 391 9233-Fax: 21 391 7456 Email: email@example.com DRAFT law No. 387/X APPROVES the new framework law the LAWS of INVESTMENT PROGRAMMING SECURITY FORCES explanatory memorandum 1-On 26 September 2000, the CDS-PP was admitted to a legislative initiative the draft law No. 302/VIII, which "Establishes the General bases of coordination, equipment, restructuring and reorganization of the security forces," this diploma that would eventually be discussed in General on 4 October 2000 and rejected.
Equipment of the security forces, article 13 of the mentioned draft law provided for the implementation of programmes of the medium-term public investment security forces relating to forces, equipment, weaponry and infrastructure were incorporated and developed in programming investment law of the security forces. To this end, and in accordance with article 14 of that initiative, refer for special law setting the legal framework for the elaboration and implementation of the programming of investment laws of the security forces.
Is this design that this legislative initiative aims to comply with.
2-in the draft law that now presents itself sought to create and shape, by law, the obligation of the Government to invest in personnel, equipment, weaponry and infrastructure, including programs of decommissioning of equipment, armament, ammunition and infrastructure, since such decommissioning programs are a necessity imposed by the technological evolution and the changes that constantly occur in the international situation. As with the framework law on military programming law, this Bill establishes the existence of a law 2 programming investments (LPI) permanent: despite successive transition of instituting balances, this model does not cease to allow effective planning, given that, in every moment, there is always a period not less than four years. However, and in order to adapt the LPI eventually needs to be dictated by the approval of the law that sets the objectives, priorities and guidelines of the law of criminal policy, the obligation to review that law every two years. The revisions are intended to proceed to the cancellation and amendment of registered programs, the allocation of respective balances to other programs, as well as the entry of new programs. As regards implementation, introduced the possibility of being exceeded the annual charge for each program, with the permission of the Minister of Internal Affairs until amount not exceeding 30% of the value entered in the year in question, as long as they don't impede the execution of other programs, or if you exceed, in each year, the sum of the global values established in LPI. It is a standard which aims to establish a maximum limit, at the same time conveys a concern for rigour in the implementation of the LPI: it's exactly the same standard if enshrined in paragraph 4 of article 4 of the organic law n° 1/2003, of May 13, which amended the law of Military Programming. Dedicated an obligation of any details of the measures to be adopted in the IPL, when commitments of which resulting multiannual charges, requiring that, for each measure, the costs are indicated for each of the years of the duration of the investment schedule, determined the prices of the year of its adoption. Has also the obligation of performing the LPI be subject to detailed account to Parliament, to be included as part of the annual report on internal security. Finally, he settled the year 2009 as the date of the first review of the LPI, with effect from September of that year, in order to ensure the harmonisation of investment in programming and security services with the first ' review ' of the objectives, priorities and guidelines of the law of criminal policy for the period of 2009-2011.
3 – the need for investment in the Security Forces is a priority that the CDS-PP has advocated with some insistence: whether requiring the strengthening of resources for the forces and security services at the time of the debate on the State budget, 3 be alerting to such imperative when it discussed the priorities of criminal investigation, is still in the discussion of the annual report on internal security.
The CDS-PP considers an essential objective the guarantee of a free society, but safe. We have no doubt, therefore, that operating budgets and safety equipment have increased.
On the other hand, the management of the police force must be able to renew, with a positive balance, the staff, and to simplify the functions of agents of the security forces.
We know that there has been some temptation, after September 11, to take the security systems that approach limits a society of insurance – and intimidated. We must not, however, forget the growth and diversification of phenomena which, in themselves or with existing threats (such as drug trafficking and terrorism) are new grounds of insecurity.
The combination of these two requirements (improving safety and weighting of the values concerned) will be chairing the security policy to strengthen the authority of the State, and that, in accordance with the provisions of this draft law, aimed at ensuring an investment plan for the forces and security services, sustainable and permanently updated.
Accordingly, the undersigned Members have the following draft law: article 1 (Purpose) this law regulates the legal framework for the elaboration and implementation of the programming of investment laws of the security forces.
4 Article 2 (programming investment Laws)
1-the implementation of programmes of the medium-term public investment security forces relating to forces, equipment, weaponry and infrastructure is built and developed in programming investment law of the security forces. 2 – the law referred to in the preceding paragraph provides, inter alia: a) the possibility of including, in the programming of investment programmes of decommissioning of equipment, armament, ammunition; b) mandating review of the investment programs that have significantly away from the planned and revaluation of investment programs that have not been completed within the time limit laid down; c) the possibility of traffic for the following year of the balances recorded on the programs at the end of each financial year, to complete your implementation. 3-programming of investment law will take into account the need for adequacy of scheduled investments to achieve the objectives, priorities and criminal policy guidelines approved in compliance with law No. 17/2006, of 23 May, as well as the possibility of revision of the programmes where justified by the revision of the law approving the objectives, priorities and criminal policy guidelines.
Article 3 (scope and period of application) 1-In programming investment law are the programs required to achieve the objectives in the area of internal security, taking into account the financial programming of the costs attached to their achievement. 2-the law of investment programming covers a period of four years, subject to the provisions of paragraph 2 of article 2 and in article 10. 3-in reviews of programming investment law can the Government cancel and change the programs, affect their balances to other programs, as well as subscribe to new programs. 5 4-programs whose funding eventually exceeding the period set in paragraph 2 have an annotation that will be indicated the prediction of the years and the corresponding costs until your conclusion.
Article 4 (Preparation) 1-The leaders of the various forces and security services shall draw up the preliminary draft your scope investment programming, according to the homeland security targets set by the Government. 2-The preliminary draft referred to in the preceding paragraph are present at Board of Governors homeland security, opinion on them in respect of your harmonization and your compatibility with the outlines of internal security policy and crime prevention with regard to the organisation, operation, discipline, training, specialisation, update and improvement of the personnel of the forces and security services. 3-Received that opinion, the Government approves by the Council of Ministers, with the necessary adjustments, the proposed programming investment law or its reviews, submitting them to Parliament for consideration and approval.
Article 5 (Implementation) 1-the Government will promote the implementation of the programming of investment law, whose guidance and evaluation are the responsibility of the Minister of Internal Affairs, without prejudice to the competence of the Assembly of the Republic. 2-In implementation of that law can be assumed the commitments needed for the periods covered by the procedures established and respected the powers delegated or of the entity to whom the law making that responsibility. 3 – When the national interest so justifies, the investments can be made through the conclusion of contracts of public-private partnership, lease or similar, in order to adapt the corresponding financial burden ' satisfaction to the period of use of the equipment and infrastructure. 6 article 6 (budgetary Provisions) 1 – The budget necessary for the implementation of programming investment law are entered in the program investment budget of the Ministry of Internal Affairs, implemented in action. 2-when commitments of which resulting multiannual charges under each measure, for each measure are indicated the costs for each of the years of the duration of the investment schedule, determined the prices of the year of its adoption. 3-the annual charge for each of the programs can, with the permission of the Minister of Internal Affairs, be exceeded up to an amount not exceeding 30% of the value shown for the year in question, as long as they don't impede the execution of other programs, and may not, in any case, the total budgetary costs be each year, higher than the sum of the amounts laid down in the law of investment programming. 4-the balances recorded on the measures at the end of each financial year shall be carried over to the following year's budget, to strengthening of appropriations of the same measures to the full your execution.
Article 7 (Annual Report) the Government will include in the report provided for in paragraph 3 of article 7 of law No. 20/87 of 12 June, a chapter on the implementation of each measure in the previous year, the commitments and future responsibilities stemming therefrom, as well as all the necessary information for checking the programming investment law.
Article 8 (subsidiary rules) to programs on military programming law apply the fiscal rules of the multiannual programmes in everything that does not contradict this law. 7 article 9 (review of programming) 1-the Government must present every two years in odd-numbered years, a Bill to revise the law of investment programming. 2 – the law of programming investment review is approved until 30 days before the deadline for submission of the draft law approving the State budget for the following year.
Article 10 (interim Standard) the first revision of the law of programming investments must occur during the year 2009 and shall produce its effects from September of the same year, simultaneously with the entry into force of the law approving the objectives, priorities and criminal policy guidelines for the period of 2009-2011. Palácio de s. Bento, May 31 2007.
Search Translated Laws of Portugal