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1 PROPOSAL of law No. 138/X explanatory memorandum the XVII constitutional Government triggered the process of reforming the National Republican Guard (Guarda) and the public security police force through Council of Ministers resolution No. 44/2007, of 19 March, outlining the main guidelines that should guide the preparation of legislative acts needed to run your , among which the law approving the organic. 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, establishes that the Guard exercises its duties throughout the country, enabling the Government, in the case of assignments simultaneously committed to Public Security Police, the set, by order the area of responsibility of the guard.
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 the organic laws 2 decisive new security forces. The combination of these two factors makes possible an 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. 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. Is this aimed at streamlining the Organization and use of the resources of the guard that determines the main changes in the new organic. Regarding the national organ of command, are extinct the General staff or coordinator and the special or technical staff, and designed a command structure that comprises, in addition to the Command of the guard and of the respective inspection organs, advice and support, three governing bodies of command and direction, which ensure the functional command, respectively, of the areas of operations, human resources , financial and property and doctrine and training. This new feature of the command structure of the guard is by two equally essential forms: the law defines, in addition to the cast of the inspection bodies, the Council and the support of the Guarda, where the areas covered by the governing bodies of command and direction and its framing level, enabling the Government to define the number, skills and services of these organs as well as the rank corresponding to their heads. If the integrated reading of these two instruments is indispensable to achieve full national command structure configuration that the Guard passes to the pursuit of its mission, the understanding of the new model of organization does not necessarily preclude the simultaneous and attentive consideration of broad intervention carried out in their units, given the specific dimension that takes in the reform of this security force. It is in this last aspect, in particular in reducing surgery in command echelons of territorial units, which is the reason mainly the strengthening of the framework-level Command of the guard. In services directly dependent on the General Commander, it should be noted, first of all, the consecration of the inspection of the guard, which succeeds the current Cabinet of advisers and inspectors, and, above all, the new organic relief you acknowledge in the evaluation of operational activities and the administration of resources, according to 3 criteria and in accordance with the set in the respective regulations. On the other hand, the General Secretariat of the guard see its competences extended, getting sprayed by services today autonomous powers-support and services group and formation of Charge-and the Staff of the guard, such as to administer the unit where the command structure of the guard, you ensure the operation of the library, the Museum and historical archive and the magazine. In the Council, the Board of Governors of the guard passes to work in restricted or extended composition, depending on the nature and importance of the matters concerned, being created, on the other hand, the Council of ethics, Deontology and discipline, organ of consultation in the field of Justice and discipline. It's also changed the composition of the Junta Superior de Saúde, the nature of matters that you enjoy, and prevent the Commission of Equestrian Matters, by understanding that substances which currently are committed must not be cut functional command responsible for managing logistics and financial resources. In governing bodies of command and direction, operational command comprises the areas of operations, information, transit and road safety, criminal investigation, protection of nature and the environment and to international missions. For operational purposes, the different units of the guard depends on the Commander of this command. The command of the Internal Resources Management comprises the areas of human resources, financial resources, logistics and resources of health and sickness and ensures even the religious assistance to the military. The configuration of this last 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 guard 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 of the Assembly of the Republic n° 74/2004, of 16 November and ratified by Presidential Decree No. 80/2004 of 16 November. The doctrine and training Command comprises the areas of doctrine and training, depending on their functional Commander Commander of the educational establishment. 4 the definition of competences and of the internal structure of the services of the functional commands, in particular those which form part of the command of the administration of internal resources, will be decisively determined by the powers of the central services of the Ministry of Internal Affairs, in particular the Directorate-General for infrastructure and equipment and of the Directorate-General of internal administration.
Territorial units, a command Echelon is eliminated with the extinction of territorial brigades, safeguarding the possibility of the operational commander can be any commands for national or regional operations that justify it. Territorial groups, who are thus constitute the territorial units of the guard take the designation of territorial commands and are reduced, on the Mainland, from 23 to 18, setting the territorial scope of your administrative districts. The territorial commands articulates in detachments and services. The detachments are articulated in subdestacamentos or made according to their command. On the basis of these amendments is reinforced the framework level either in Command of the guard, and in the territorial units and their subunits. The territorial commands are commanded by a Colonel or Lieutenant-Colonel, major or Captain detachments and the posts by Sergeant or petty officer, taking, in this case, the designation of subdestacamento. In special units, is the highway patrol, whose powers are pursued by territorial commands. Their herd is fully assigned to them, while preserving the your specialization, the example of what happens with the criminal investigation, and enforcing traffic policing in where bigger accidents. The technical unit of the Act is ensured by the service responsible for the operational command of the traffic and road safety and the operating unit is guaranteed, when necessary, by national guidelines. It is also the Fiscal Brigade, creating a Coastal control unit, which provides surveillance, patrol and intercept sea or land on the Mainland and the autonomous regions, through the herd today assigned to these functions, and a Fiscal Action Unit with specialized nature and of high technical level, which brings together the elements with investigative duties, the rest being attributed to the actual device. 5 Are also extinguished the regiments of cavalry and infantry, and created a Security Unit and State honours and a unit of intervention. The Unidade de Segurança e Honras de Estado, small representation unit, is based on Presidential Squad and subunits of trim and gathers the staff necessary to ceremonies and State honors and security of the facilities of the palaces of Belém, São Bento and requirements, responsibility is entrusted to the guard. In accordance, mind promote timely amendment of law No. 7/96 of 7 February, which defines the technical and staff support structures and asset management, administration and Finance of the President of the Republic, sovereignty and law No. 28/2003, of 30 July, which approves the law on organization and functioning of the services of the Assembly of the Republic. The intervention Unit, unit of intervention and recently, is divided into subunits of public policy, special operations, protection and relief, cinotecnia, inactivation of explosives and safety in underground, gathering the elements of existing regiments of cavalry and infantry assigned to these functions. A part of your staff is placed under operational command of the territorial commands. Finally, the guard school as the educational establishment to which provide training, specialization and upgrading of the military. You enable the Government to adopt, by Ordinance, the creation and extinction of subunits of territorial units, specialized, of representation and of intervention and reserve. Territorial units and services of the educational establishment, as well as the terms in specialized units, of representation, and of intervention and reserve, are supported by the services of the General Secretariat and of the administration of the internal resources are also defined by regulatory act of the Government.
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 military Guard or with the respective pay status. Has been heard about this proposal of law the General Commander of the guard.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents the 6 Assembly of the Republic the following Bill: approves the Guarda Nacional Republicana organic title I General provisions chapter I Nature, tasks and article 1 Definition 1 symbols – the National Republican Guard, hereinafter referred to as guard, is a security force of military nature consisting of a special body of organized military troops and equipped with administrative autonomy. 2-the Guard's mission, under the national systems of protection and safety, ensure the democratic legality, guaranteeing internal security and the rights of citizens, as well as participate in national defense, under the Constitution and the law.
Article 2 1 Dependence – the Guard depends on the Member of Government responsible for the area of internal affairs. 2-guard forces are placed on the operational Chief of staff-General of the armed forces, through your Commander in Chief, in the cases and according to the laws of national defense and the armed forces and the State of siege and State of emergency, depending, to that extent, the Member of Government responsible for national defence as regards standardisation , normalization of military doctrine, weapons and equipment.
7 article 3 Assignments
1-guard assignments Are: 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 your violation continued; 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 patrolling of the 8 zones referred to as trafficking or consumption sites and, in particular, the maritime boundary; n) Participate in monitoring the use and transport of weapons, ammunition and explosive substances and regarded as not belonging to other forces and security services or the armed forces, without prejudice to the powers attributed to other entities; the) Participate, pursuant to law and the commitments arising from agreements, treaties and international 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 also attributions of the guard: a) ensure compliance with the legal and regulatory provisions relating to the protection and conservation of nature and the environment as well as prevent and investigate its illicit; b) Ensure oversight, planning and traffic discipline in every constituent of the infrastructure of the national Fundamental axes and Complementary national network, throughout your extension, outside the metropolitan areas of Lisbon and Porto; c) Ensure, in the context of your own mission, surveillance, patrolling and terrestrial and maritime interception, in the entire coast and territorial sea from the Mainland and the autonomous regions; d) prevent and investigate tax offences, tax and customs, as well as monitor and control the movement of goods subject to tax, tax or customs action; and Control and monitor vessels), their passengers and freight, for the purposes set out in the preceding paragraph and, by default, for compliance with other legal obligations; f) participate in the supervision of the activities of catching, landing, culture and marketing of marine species, in conjunction with the National Maritime Authority and under the legislation applicable to fishing 9 sea and culture of marine species; g) implement actions of prevention and intervention, throughout the national territory, in protection and emergency relief, in particular the occurrence of forest fires or hazardous materials, disasters and serious accidents; h) Provide military honors and other protocol of State honors; I) comply, in the framework of the implementation of national defence policy and in cooperation with the armed forces, military missions which are committed.
Article 4 private custody conflicts cannot resolve private disputes, and, in these cases, limit your action to maintain public order.
Article 5 territorial scope 1-Guard assignments are pursued throughout the national territory and territorial sea. 2-in the case of tasks entrusted to the police of public security at the same time, the area of responsibility of the guard is set by order of the Minister of tutelage. 3-outside the area of responsibility set pursuant to paragraph 1, the intervention of the guard depends on: a) the request of another security force; b) special order; c) legal enforcement. 4-the allocation referred to in point (d)) of paragraph 2 of article 3 can be pursued in the contiguous zone. 5-the Guard can continue your mission outside the national territory, provided that legally mandated for this purpose.
10 article 6 Duties of cooperation 1-the guard, without prejudice to the priorities of your action, cooperate with 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 and private entities must pay to keep the collaboration that legitimately request them for the performance of their duties. 3 – administrative authorities shall communicate to the guard, when prompted, the content of the decisions on infringements which it has participated.
Article 7 National Standard and its units, including units formed to act outside the national territory and the educational establishment, have the right to use the National Standard.
Article 8 1 Symbols – the home guard is entitled to coat of arms, heraldic flag, hymn, March, white seal and award. 2 – units of the guard are entitled to coat of arms, heraldic flags and white seal, which, in their subunits, shall take the forms of script. 3 – the Commander General is entitled to the use of pennant. 4-the symbols and the award referred to in the preceding paragraphs, as well as the assignment of this regulation, are approved by order of the Minister of tutelage.
Article 9 commemorative Dates 1-guard day is celebrated on May 3, in commemoration of the law that created the current 11 national institution, in 1911. 2 – units of the guard are entitled to a festive day for the consecration of their historical memory, defined by order of the Commander in Chief.
CHAPTER II authorities and police bodies article 10 Commanders and agents of public force 1-the military guard 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 soldiers in service. 3-the military of the guard are considered agents of the public force and authority when they should not be assigned.
Article 11 1 Police Authorities – police authorities are considered: a) the Commander-in-Chief; b) 2 General Commander; c) the Commander of the operational command of the guard; d) unit commanders and command of subunits; and Other officers of the guard), when in the exercise of command functions or operational leadership. 2-the authorities referred to in the preceding paragraph police determine the application of the measures provided for in the law.
Article 12 officials and criminal police bodies 1-for the purposes of the code of criminal procedure: 12 a) "criminal police Authorities", the entities referred to in paragraph 1 of the preceding article; b) "criminal police Bodies", the military tasked to guard 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 military Guard of the guard 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 military and services designated for that purpose by their chain of command, within the framework of your tactical and technical autonomy.
Article 13 tax police Authority
1-for the purposes of the legal regime applicable to tax offences, are considered tax: the police authorities) all officers in the exercise of command functions in Coastal control units and Fiscal action and its subunits; (b)) Other officers of the guard, when in the exercise of operational command functions of tax framework. 2-in order to enable the fulfillment of your mission, as well as the pursuit of their financial and property assignments, maintains a functional link with the Ministry of finance, regulated by joint Ordinance of the Minister of tutelage and the Member of Government responsible for the area of finance.
Article 14 measures and means of nötigung 1 – within the framework of its tasks, the Guard 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 guard, is punished by penalty 13 legally provided for qualified disobedience.
CHAPTER III Request of forces and the provision of services article 15 1 forces request – administrative and judicial authorities may request to put the performance 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 your mission, keeping total subordination to commands that depend on.
Article 16 provision of special services 1-the Guard can keep military personnel in public bodies, on conditions laid down by order of the Minister of tutelage. 2 – the military may be appointed guardian 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 Guard 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.
14 article 17 services to other public bodies 1-Without prejudice to the mission that you are committed and under the coadjuvação duty of the courts, the Guard can affect military personnel to carry out the communication activities of the procedural acts provided for in the code of criminal procedure. 2-the Guard can still affect military personnel to service the organs and entities of the central, regional and local administration. 3-delivery and payment of the actions provided for in the preceding paragraphs, if not regulated in 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 18 cooperation with public and private entities 1-without prejudice to the fulfillment of your mission, the guard can provide cooperation to 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 Guard whenever the opportunity and convenience reasons the advise. 3-payment for services carried out by the Guards 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 19 15 occupational categories and posts 1-the guard is organized hierarchically and the military of its permanent boards are subject to the condition that the military, under the General Law of the Statute of the Military Condition. 2-the military of the guard are grouped hierarchically under the following professional categories, subcategories and stations: the official professional Category): i) Officers, generals comprising the general, Lieutenant General, major general and brigadier general; II) senior officers, including the Colonel, Lieutenant Colonel and major; III) Captains, including the rank of Captain; IV) junior officers, comprising the posts of Lieutenant and Ensign; b) Category of professional non-commissioned officers, which includes the posts of Master Sergeant, staff sergeant, Master Sergeant, first Sergeant, staff sergeant and Lieutenant; c) Category of guards, comprising the main cable, cable, cable, home guard and guard.
Article 20 general structure the Guard cover:) the command structure; b) units; c) the educational establishment.
Article 21 1 command structure – the command structure comprises: a) the command of the guard; (b)) The governing bodies of command and direction. 16 2-the command of the guard understands: a) the Commander-in-Chief; b) 2 General Commander; c) the inspection body; d) the Council; and) the General Secretariat. 3 – Are superior organs of command and direction: a) operational command (CO); (b)) the command of the administration of internal resources (CARI); c) the doctrine and training Command (CDF).
Article 22 units and 1 education institution-In the following units: a) General command; (b) territorial territorial commands); (c)), the Coastal control unit (CCU) and the Fiscal Action Unit (CAU); (d)), the Unidade de Segurança e Honras de Estado (USHE); and) and recently, the intervention Unit (IU). 2-units may be established to act outside the national territory, in accordance with the law. 3-the educational establishment of the guard is the guard school (EG).
CHAPTER II Command Structure section I article 23 17 Guard Command Commander General 1-the General Commander is a Lieutenant General appointed by joint decree of the Prime Minister, the Minister of tutelage and the Member of Government responsible for national defence, having heard the Council of Chiefs of defence if the nomination rest in general officer of the armed forces. 2-the appointment to the position of General Commander implies the general degree. 3-the General Commander is responsible for the compliance with the General missions of the guard, as well as other actions that are committed by law. 4 – in addition to the powers of management positions themselves top of the first degree, the Commander-General: a) exercise full command of all the forces and elements of the guard; b) Represent the guard; c) Exercise disciplinary authority; d) Assign the award provided for in article 8; and the Minister of tutelage) propose the request to the Member of Government responsible for the staff of national defence branches of the armed forces needed to guard; f) Send run the recruiting operations staff necessary to guard frames; g) Decide and have run all the activity on the Organization, facilities and devices, operations, education, technical services, financial, administrative and logistics of the guard; h) Drive the financial administration of the guard, according to the legal powers conferred upon it; I) enter into contracts for procurement of goods and services inside of your competence and authorizations that conferred upon it; j) relate to the top commanders of the armed forces, commanders and Directors-General of the remaining forces and security services and other public and private entities; l) impose fines; m) Inspect or have inspected units, organs and guard services; n) presiding over the Board of Governors of the guard and the Council of ethics, Deontology and Discipline 18; the) Board decisions Approved Higher; p) Authorize the performance of guard services of special character, at the request of other entities; q) Exercise the other powers as may be delegated or assigned by law. 5 – the General Commander may delegate its own powers in 2 General Commander and holders of the organs that are directly subordinate to him.
Article 24 General 1 Commander's Office – the Commander General is supported by a cabinet consisting of the Chief of staff and by deputies, aide-de-camp and private Secretary. 2 – it is incumbent upon the Office of the General Commander assist, advise and acted as the Commander-in-Chief in the performance of their duties.
Article 25 2 General Commander
1 – 2 General Commander is a Lieutenant General, appointed by the Minister of tutelage, on the proposal of the General Commander of the guard. 2-When the named for general officer of the armed forces, the appointment is made with the agreement of the Member of Government responsible for national defence. 3 – 2 General Commander shall: a) Assist the Commander in Chief in the performance of their duties; b) exercise the powers that are delegated or subdelegated by the Commander in Chief; c) override the General Commander on his absences or impediments.
Article 26 inspection Bodies, Council and general support 1-on the General Commander work the following bodies: a) the inspection of the Guard (IG), inspection body; 19 (b)) the Superior Council of the Guard (CSG), the Council of ethics, Deontology and discipline (CEDD) and the Higher Board of health (JSS), Council bodies. (c)) the General Secretariat of the Guard (SGG), General support service. 2-Work, yet, depending on the Commander in Chief, services to the areas of study and planning, legal and public relations consultancy.
Article 27 Inspection of the guard 1-IG is the body responsible for the development of audit and inspections to the upper level of the guard, you support the General Commander in the exercise of its functions of monitoring and evaluation of operational activities, training, administration of human, material and financial resources and of compliance with the applicable legal provisions and regulations and internal instructions as well as in the study and implementation of quality standards. 2-the IG is headed by a major general, designated inspector, depending on the General Commander and appointed for this. 3-rules of procedure of the IG is approved by order of the Minister of tutelage.
Article 28 1 Guardian Council-the CSG is the maximum organ of consultation of the General Commander. 2-the CSG in restricted composition comprises: a) General Commander, who chairs; b) 2 General Commander; c) Inspector of the guard; d) Commanders of command and direction governing bodies; e) Commander of EG. 3-the CSG in extended composition comprises: a) General Commander, who chairs; b) 2 General Commander; c) Inspector of the guard; d) Commanders of command and direction governing bodies; 20 e) Commanders of territorial units, specialized units, and representation and the educational establishment; f) head of SGG; g) representatives of the professional categories of officers, sergeants and officers, elected in accordance with the set by order of the Minister of tutelage. 4 – By determining the General Commander, can participate in the CSG meetings, without the right to vote, other entities who, through their duties or special jurisdiction, the Board deems appropriate to hear. 5-the CSG in restricted composition: a) approve your Regiment; b) issue opinions on: i) nomination of officers of the guard for the frequency of access to general officer; II) assessment of promotions to general officer; III) other issues of high sensitivity and importance to the Guard that are submitted to your consideration by General Commander; c) exercise the powers laid down in the staff regulations of the Military Judges and Military Advisors from the public prosecutor's Office and the other as legally committed. 6-the CSG in extended composition approve your rules and issue opinions on: a) the plan and report on the activities of the guard; b) issues relevant to the guard, in particular with regard to the organisation and staff regulations; c) promotion lists by choice and other issues relating to promotions, in accordance with the status of military personnel of the guard; d) Any other matters that are submitted to your consideration by General Commander.
Article 29 Council of ethics, Deontology and discipline 1 – the CEDD is the organ of consultation of the General Commander in the field of Justice and discipline. 21 2 – the CEDD has the following composition: a) the Commander-in-Chief; b) 2 General Commander; c) inspector of the guard; d) commanders of command and direction governing bodies; and) the commanders of the specialized units, of representation, and recently and the educational establishment; f) commanders of five territorial units; g) the head of the Office responsible for the area of human resources; h) representatives of the professional categories of officers, sergeants and officers, elected in accordance with the set by order of the Minister of tutelage. 3 – it is incumbent upon the CEDD issue opinions on: the disciplinary penalties) application of compulsory retirement and separation of service and statutory measure of exemption from service; b) disciplinary review Resources; c) Any other matters the scope of ethics or discipline that are submitted to your consideration by General Commander. 4-the rules of operation of the CEDD is approved by order of the Minister of tutelage.
Article 30 1 Health top Junta-the JSS is the organ the racing judging the degree of ability for officers, sergeants and guards who, by order of the Commander in Chief, are present, as well as issue opinions on resources pertaining to decisions based on opinions formulated by medical guardian together. 2 – the JSS is constituted by the Commander of the CARI, who chairs, and two doctors appointed by the Commander-in-Chief.
Article 31 Secretariat 1 guard-the SGG is responsible for the preparation and publication of the order to the Guard and order 22 General Command service, competing him, still, ensure the support and the administrative framework of the entire staff, receipt, dispatch and file all correspondence, the Administration and control of the facilities, equipment and other material and the normal operation of the General Command Unit. 2 – the SGG may also provide administrative support to other units of the guard. 3 – it is incumbent upon the SGG ensure the operation of the library, the Museum and historical archive and the magazine.
SECTION II command and direction governing bodies article 32 1 operational command – the CO assures the command of all operational activity. 2 – the Commander of the CO is a major-general or, pursuant to article 50, a Lieutenant General, appointed by the Commander-in-Chief. 3 – CO comprises the areas of operations, traffic and road safety, criminal investigation, protection of nature and the environment and international missions. 4 – the Commander of the CO has under your direct control, for operational purposes, the territorial units, specialized, of representation and of intervention and reserve. 5 – the Commander of the CO may constitute any commands for national or regional operations, when justified.
Article 33 of the Internal Resources Management Command 1-Carl ensures the control and direction of all the activity of the guard in the fields of management of human, material and financial resources. 2 – the Commander of the CARI is a major-general or, pursuant to article 50, a Lieutenant General, appointed by the Commander-in-Chief. 3 – Carl comprises the areas of human resources, financial resources, logistics and resources health and sickness. 23 4 – Carl ensures the religious assistance to the military.
Article 34 the doctrine and training Command 1 – the CDF ensures the command and direction of the entire guard activity in the areas of doctrine and the formation of the guard. 2 – the Commander of the CDF is a major-general or, pursuant to article 50, a Lieutenant General, appointed by the Commander-in-Chief. 3 – the CDF includes the areas of doctrine and training.
SECTION III command structure services article 35 the number Services, the skills, the internal structure and the rank corresponding to the heads of the services directly dependent on the General and Commander of the services of the governing bodies of command and direction are defined by ministerial order, pursuant to law No. 4/2004, 15 January.
CHAPTER II section I Units Command Unit of the guard article 36 General command 1-the General command is based in Lisbon and concentrate all the command structure of the guard. 2-the General command is commanded by the Chief of SGG. 24 SECTION II territorial Units article 37 territorial Commands 1-the territorial command is responsible for the fulfilment of the Mission of the guard in the area of responsibility is assigned, in direct dependence of the General Commander. 2-in the autonomous regions of the Azores and Madeira, the territorial commands have headquarters in Ponta Delgada and in Funchal and, without prejudice to other missions that are especially committed, continues, in its area of responsibility, the functions of the guard under the surveillance of the coast and of the territorial waters and the prevention and investigation of tax and customs offences Depending on functionally of the Coastal control unit and Fiscal Action Unit, for the respective areas of competence. 3-The territorial commands are commanded by a Colonel or Lieutenant Colonel, assisted by a second Commander. 4 – it is incumbent upon, in particular, to the commanders of territorial command in the autonomous regions to articulate with the Regional Government operational activity in matters whose tutelage the region and cooperate with the organs of the region on matters from the scope of the duties of the guard.
Article 38 territorial commands Organization articulate in command, operational services and subunits.
Article 39 Subunits
1-operational subunits of territorial commands are the secondments, working locally in subdestacamentos or posts. 25 2-the command of detachments and its subunits is exercised by a commander, assisted by a Deputy. 3 – the detachment is commanded by major or captain, subdestacamento for non-commissioned officer and the post by sarge.
SECTION III specialized units, of representation and of intervention and reserve Article 40 Coastal 1 control unit – UCC is the specialized unit responsible for the fulfilment of the Mission of the guard in the entire length of the coast and in the territorial sea, with specific powers of surveillance, patrolling and intercepting land or sea in the entire coast and territorial sea from the Mainland and the autonomous regions and, you also manage and operate integrated system for surveillance, command and control (SIVICC), distributed along the waterfront. 2-the UCC is composed of detachments. 3 – the Commander of the UCC has the rank of Colonel or, when the named for naval officer, Captain-of-sea-and-war, and is assisted by a second Commander.
Article 41 Fiscal Action Unit 1 – the UAF is a specialized unit nationwide with specific competence of investigation for the fulfilment of the tax, fiscal and customs mission committed to Custody. 2-the UAF is based on fiscal action detachments and a detachment of national research. 3-the UAF is commanded by a Colonel, assisted by a second Commander.
26 article 42 Shu and State honours 1-the USHE is a unit of representation responsible for safety and security at the premises of the organs of sovereignty and other entities entrusted to him and for the provision of State honours. 2 – the USHE articulates in Presidential Squad and subunits of garrison. 3 – Integrate the USHE Charanga and the band. 4-the USHE is based in Lisbon and is commanded by a Colonel, assisted by a second Commander.
Article 43 1 Intervention Unit – the UI is a specially dedicated guard unit for the missions of maintaining and restoring public order, resolution, and management of critical incidents, tactical intervention in situations of concerted violence and high danger, complexity and risk, safety sensitive installations and major events, inactivation of explosives, protection and relief and provision and projection of forces for international missions. 2 – the UI is divided into subunits of public policy, special operations, rescue and protection cinotecnia. 3 – Integrate the UI Center for inactivation of Explosives and Underground security (CIESS) and the center of training and Provision of forces for international missions (CTAFMI). 4 – By order of the Minister of tutelage may be highlighted or placed on a permanent basis, the UI forces on organic dependence of territorial commands. 5 – the UI is commanded by a brigadier general, assisted by a second Commander.
SECTION IV article 44 27 school School 1 guard-the EG is a unit specially dedicated to the moral, cultural, physical training, military and professional and technical military guard and to update, specialization and enhancement of their knowledge. 2 – E.G. collaborating, even, in the formation of elements from other national and foreign entities. 3-the EG is commanded by a brigadier general, assisted by a second Commander. 4 – the Commander of EG depends directly from the Commander of the CDF.
Section V subunits and services article 45 Subunits the creation and extinction of subunits of territorial units, specialized, of representation and of intervention and recently and the educational institution are approved by order of the Minister of tutelage.
Article 46 1 Services – the creation and extinction and the functioning of the services of territorial units and the educational institution are approved by order of the Minister of tutelage. 2 – the administration of specialized units, of representation and of intervention and reserve is ensured by SGG and the CARI services, in accordance with the set by order of the Minister of tutelage.
TITLE III financial provisions article 47 28 1 – financial rules the financial management of the guard shall be governed by the General system of public accounting. 2-Are recipes of the guard: 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 in the custody; e) annual revenue balances contained; f) value of fines that are entitled by virtue of the fulfillment of your mission; g) Any other income which is assigned by law, contract or through any other means.
Article 48 the guard 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 49 the activity Rates of the guard may entail the application of fees and expenses charged by entities that especially benefit with that activity under the regular on own diploma.
TITLE IV supplementary provisions, transitional and final provisions article 50 29 port Structures The tasks entrusted to Guard concerning the monitoring and protection of port structures shall be without prejudice to the exercise of the powers legally provided for other entities, notably the National Maritime Authority, in the protection of shipping and ports.
Article 51 Promotion to Lieutenant-General the promotion to the rank of Lieutenant-General of general officer in the exercise of functions in the Guard does the cessation of function officiating.
Article 52 transitional provisions 1-The tasks entrusted to the Guard by this law in surveillance, protection and safety of airport infrastructures are without prejudice to the competence assigned to the gendarmerie in international airports. 2-the organisation and functioning of social services are regulated by their own diploma.
Article 53 1 Regulations – are regulated by Decree-Law itself: a) the application of fees and expenses charged by entities that especially benefit with the activity of the guard; (b) the remuneration of the Statute) General Commander. 2-is regulated by joint Ordinance of the Minister of tutelage and members of the Government responsible for the areas of national defense and finance the pursuit by the guard in the contiguous zone of the assignment referred to in paragraph d) of paragraph 2 of article 3 as well as 30 articulation between the guard and the National Maritime Authority, in relation to powers provided for in (c)) , e) and (f)) of the same paragraph. 3 – are regulated by joint Ordinance of the Minister of tutelage and the Member of Government responsible for the terms of finance functional link between the Fiscal Action Unit and the Ministry of finance provided for in paragraph 2 of article 13. 4-the provision and payment of services ordered the guard pursuant to articles 17 and 18 of this law are subject to the Ordinance of the Minister of tutelage, joint domembro of the Government responsible for the finance area and, where applicable, the Member of the Government with the requester entity. 5-the number, competencies, the internal structure and the rank corresponding to the Chief of the support services directly dependent on the General and Commander of the services of the governing bodies of command and direction are defined by ministerial order, pursuant to law No. 4/2004, 15 January. 6-are determined by order of the Minister of tutelage: a) the area of responsibility of the guard, in the case of assignments simultaneously committed to Public Security Police, as well as territorial units and their subunits; b) the symbols and decoration as provided for in article 8, as well as the assignment of this regulation; (c)) the conditions under which military personnel may be assigned to guard public interest bodies; (d)) the terms that follows election of representatives of the officers, non-commissioned officers and guards in the CSG and CEDD; and) creation and extinction of subunits of territorial units, specialized, and representation and booking; f) creation and extinction and the functioning of the services of the territorial units of the educational establishment and the terms on which renders the administrative support of the specialized units, of representation and of intervention and recently by the Internal resources and Administration of SGG. 7 – are regulated by order of the Minister of tutelage: a) The types of weapons in use by the guard, as well as the rules of their employment; b) Regulation of IG; 31 c) Regulation for the operation of the CEDD.
Article 54 set Standard is revoked Decree-Law No. 231/93, of 26 June, with the exception of: a) of articles 29 and 30, whose revocation shall take effect with the entry into force of a new internal security Act; b) articles 33, 92 and 94, which revocation shall take effect with the entry into force of a new Statute of the military.
Article 55 entry into force this law shall enter into force within 30 days, with the exception of article 52 which shall enter into force on the day following that of publication.
Seen and approved by the Council of Ministers of May 3 2007
The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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