Key Benefits:
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PROPOSED LAW NO. 72 /X
Exhibition of Motives
1. The primacy of equal rights and duties among all Portuguese, residents
in or outside of Portugal, enshrined in the Constitution of the Portuguese Republic,
assures Portuguese citizens residing abroad who falls on the
Portuguese state the duty to develop the necessary conditions for the
pursue that principle and to take concrete action that will allow those
citizens, notwithstanding the territorial distance that separates them from their country, be
involved and participate in public policies and the governing action carried out.
The Government must, in this framework, contribute to the consolidation of the insertion and the
resguarding the social, economic and cultural status of Portuguese citizens and
lusodescendants, residents abroad, in their respective host countries
and, at the same time, strengthen its connection to Portugal, language, history and culture
of the country, thus giving fulfillment to the Program of the XVII Constitutional Government,
within the framework of the valorisation of the Portuguese communities.
The specificities of each host country, whether in terms of social reality
and engaging economic, or in the framework of the legal framework that internally the rege,
raises increased difficulties in the definition and pursuit of policies directed at
Portuguese communities residing abroad.
2. The Council of Portuguese Communities, while specific mechanism of
representation of Portuguese residents abroad, becomes an instrument
fundamental of consultation of the Government, allowing, at the same time, that those
national citizens participate in the formulation of the policies that are directed to them and,
well so, that they narrow down their links in connection with Portugal.
The Portuguese communities, from an early age, have organized among themselves, namely
in associations, seeking to address their interests and needs and
safeguard the roots of Portuguese language and culture.
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In Portugal, the first institution that dealt with the topics and problems of the
Portuguese emigration was an institution of civil society, the Society of
Geography.
The Council of Portuguese Communities was instituted, for the first time, in
1980, through decree-law, having taken up the nature of associative advice.
A few years later, by influence of the trend followed by most of the
representative advice from existing emigrants in Europe and considering that
the election mode of the elements of the CCP based solely on the associative medium
did not allow for the actual participation of all sectors of the Portuguese communities,
the Decree-Law No. 101/90 of March 21 came to restructure the CCP.
In 1996, Law No. 48/96, of September 4, redefined the legal framework again
of this organ. Today, decorated 10 years of the diploma of the diploma that instituted the CCP
in the prevailing molds, their structure and form of organisation find themselves
detuned from the current demands of the Portuguese communities.
3. The Government thus considers it fundamental to enshrine a new model
organizational for the Council of Portuguese Communities that, maintaining
unchangeable to its essence of advisory and representative body of the community
portuguese, allow for the weighting and global discussion of the problems and needs
of the Portuguese from the diaspora and the lusodescendants and contribute to dignifying the
role as a member of the Council and stimulate female representation in this body
advisory.
Notwithstanding the maintenance of the tasks of the CCP in its dual defence mission
of the rights and interests of the Portuguese residing abroad in Portugal and the
host countries, the restructuring that ora presents will allow to improve the
operation of the CCP, specifically, by the referential linking of the
advisors around general themes of the Portuguese resident community in the
foreigner, in place of the territory or consular area that originates the election of each.
On the other hand, pursuing the objective of legislative simplification and intending
prevent the proliferation of avulous and one-off diplomas, avessings to harmonisation
legal and the consolidation of stable and long-lasting regimes, the Government considered
timely congregation in the legal diploma establishing the Council of Communities
Portuguese and regulates your skills, composition and mode of
operation and organisation, the legal regimes concerning the electoral process
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for this body and the mandate of the advisors, who are currently going to be
regulated through the portaries that mark the date of the elections, in the first
case, or define the mode of the effective exercise of duties of the members that
have just been elected, in the second case.
4. The present proposed law thus defines the competences, composition, mode of
organization, operation and structure of the Council of Portuguese Communities,
as well as the electoral process for that body, the rules regarding mandates
of its members and the respective status.
In this diploma, it is intended to sap the idea of the CCP as a representative body
of the non-government organizations of Portuguese abroad, by valorising the
CCP as a representative assembly of all and each of the Portuguese who
reside abroad.
With respect to the composition of the CCP, the number of elected councillors is reduced and
establishes the existence of representative members of the Portuguese communities
coming from the autonomous regions, the luscious-elected in the host countries and the
Portuguese associations abroad.
It is therefore considered essential to join the representation by direct and universal suffrage
the representativeness of the Portuguese communities originating in the Azores and the
Wood, of the Portuguese who are elected for the performance of political functions-
public in the countries where they reside and the associations.
By consecration the associative representativeness is intended, on the one hand, to give
relief to the spontaneous organization of the Portuguese community abroad that, no
rare times, it has a determining role in the provision of support and defence of the
interests of Portuguese citizens residing in that place and in the promotion of the
learning and dissemination of Portuguese language and culture and, on the other hand,
foster and effectivate the connection of many lusodescendants to Portugal, enabling
your participation in the CCP, through the associations to which you belong.
5. Thus, the proposed law mandates that the CCP is composed of 73 members, being
63 elected and the remaining 10 members designated by the Permanent Council of the
Madeirese Communities (1), by the Congress of the Butterian Communities by
Regional Government of the Azores (1), by and from among the luster-elected in the countries of
reception (4, among which 2 representing Europe and 2 representing the countries
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out of Europe), by and from among the associations of Portuguese abroad (4,
among which 2 representing Europe and 2 representing countries outside of Europe).
It also determines that, in the absence of submission of application lists in
any constituency, the respective post is exercised by a citizen with
active electoral capacity, appointed by the member of the competent Government in
emigration matter and Portuguese communities, listened to the associative structures
locations.
6. With respect to the regulatory standards of the electoral process, it shall read the fact that,
currently, under the provisions in force, the same being regulated by the
Portaria that marks the date of the elections to the CCP, proposing, in the present
proposed law, that the procedure pertaining to the elections for the CCP will pass
in it consecrated, except for merely administrative proceedings to
regulatory casuistically for each election, through the diploma that marks its
date.
7. Relevam still, by the amendment they represent, the standards regarding capacities
active and passive electoral.
With respect to the first case, cases of disability are defined.
active electoral, similar to that provided for in the Electoral Law for the Assembly of the
Republic.
As for passive electoral capacity, the proposed law, contrary to the law in
vigour, which distinguishes two situations from eligible voters (those that are proposed
on a complete list by at least one non-governmental organization of
Portuguese abroad, as long as he subscribed for a minimum of 50 voters, and the
independent voters who are proposed in full list by a minimum of
100 voters), cede to make this distinction, determining that they are eligible
any electives that are proposed in full list by a minimum of 2%
of voters enrolled in the respective constituency, up to the limit of 250 voters.
It has therefore opted for a regime proportional to the respective electoral universe, to
proposed list effects, determining the maximum and minimum limits, so as to
take into account the variations in the number of Portuguese residents in each country
foreign.
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In what concerne to the maximum number of mandates to be elected in the electoral pool of
each country, this is reduced to eight members, taking into account the decrease in
number of elected councilors.
Still with regard to the active electoral capacity, it is to be mentioned that the current regime
establishes that they are not eligible for the CCP the voters who carry out positions of
representation in official Portuguese bodies abroad, nor voters who
carries out professional activity in the consular and diplomatic representations of
Portugal abroad whose duties are deemed to be incompatible with your
election. In the present proposed law, these cases have been reconverted into
incompatibilities with the title of the office of a member of the Council, having
added as incompatibility with that entitlement the exercise, in regime
of detachment or requisition, of any professional activity that is found
under jurisdiction of the Portuguese state.
Other relevant innovation results from the determination of which, excepting cases
in which the number of eligible members is less than 3, the lists proposed to
election shall ensure, in the indication of actual and alternate candidates who by the
less, 1/3 of those elected are of different sex.
8. Equally innovative is the consecration, in the law of the CCP, of the rules concerning the
exercise of the functions of the elected members. The regularity of the mandates becomes
verified by the member of the competent Government in the matter of communities
Portuguese and emigration, after appearing to be issued by the ambassador in the country of headquarters of the
constituency for which the adviser was elected.
The proposed law thus reserves a chapter to the rules on the assessment of the
regularity of the mandate of the elected members, the substituted members, the
temporary replacement of elected member, suspension of the mandate and the respective
cessation and the resignation, loss and vacancy of tenure. And establishes yet a new
cause of loss of the mandate as a sanction to the default of duty assigned to the
advisors to attend at their respective meetings: the unjustified lack of a
plenary meeting or three meetings of the committees or of the Permanent Council, without
exceed in total the limit of three falters.
9. Another important and innovative proposal is that of the creation of a status of the
Advisors, through the consecration of a set of duties, rights and
incompatibilities.
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10. Understanding to rebuild the participation of the members of the CCP in an optics of
greater inclusiveness to the community as a whole, in place of the reduced vision to the
constituencies for which they are elected, they cease to exist the regional sections of the
Advice, and the possibility of being created local sections and subsections.
It is thus restructured the CCP around 3 forms of organisation: the plenary, the
commissions and the standing council.
It is conspicuable the possibility of being constituted of specialized commissions of
permanent and temporary character and define its competences,
composition, number and frequency of meetings.
The plenary and the standing council in essence keep the way of
operation and skills, as it is envisaged in the scheme in
vigour, and it shall be determined that the Permanent Council shall be constituted by 5 members
elected by the plenum, of which at least 1/3 must be of different sex, and by the
chairpersons of the specialized committees of permanent character.
11. Being a constant concern of the Government encouraging young Portuguese and the
luster-descendants to be actively involved in the definition and implementation of policies and
actions that are directed to them, as well as to foster their approach to Portugal
and socio-economic and cultural integration to the country where they live or were born, the
present proposed law creates a representative body of youth from the communities
Portuguese, the Youth Council of the Portuguese Communities. Your own
competencies consist of pronouncees and issuing opinions on the issues
relating to youth policy for the Portuguese communities and on the
civic participation and social and economic integration of young emigrants and
lusodescendants in the host countries.
The Youth Council of Portuguese Communities consists of eleven
members, designated by associations of the Portuguese communities, being a
member coming from the region of Asia and Oceania, two from the region of Africa, two from
region of North America, two from the region of Central America and South America and
four coming from Europe.
12. Regarding the financing of the operating costs and activities of the
Council, the proposed law establishes that the same are subsidized through
global money entered annually as the ministry's own endowment with the tutelage
of the Portuguese Community and emigration.
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13. The present proposed law further enshrines an article with transitional provisions,
with the aim of ensuring that the mandate of the present councillors will remain in us
current moulds and in accordance with the legal regime in force and only basket with the
publication of the official results of the elections for the future CCP, which if
should be governed by the standards of this diploma.
14. With the definition of the scheme that is proposed, the Government seeks to go to the meeting of the
requests and needs felt by the Portuguese and resident lusodescendants
abroad, as well as concerns expressed by the members of the
Permanent Council of Portuguese Communities along a set of
encounters and fruitful debates, in the term of which, and after the meeting of positions,
has been given the concordance of those to the proposed law in the terms in which it is presented.
The Council of Portuguese Communities was heard.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
Definition and competences of the Council of Portuguese Communities
Article 1.
Definition
The Council of Portuguese Communities, hereafter abbreviated by
"Council", is the representative assembly of the Portuguese residing abroad and
performs functions of the state's advisory body.
Article 2.
Competencies
1-Compete to the Council:
a) Issuing opinions, at the request of the Government or the Assembly of the Republic, on
projects and proposals for law and too many draft legislative acts and
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administrative, as well as on international or normative agreements
community concerning the Portuguese communities residing abroad;
b) To appreciate the issues put to it by the Regional Governments of the
Azores or Madeira referring to the Portuguese communities coming from
of those autonomous regions;
c) Produce information and deliver opinions, on their own initiative, on all
matters respecting the Portuguese resident abroad and the
development of the Portuguese presence in the world, and drive them to the member of the
Competent government in the subject of emigration and Portuguese communities;
d) Formulate proposals and recommendations on the objectives and implementation of the
principles of the policy of emigration.
2-Compete still to the Council to approve the internal regulation of its functioning.
CHAPTER II
Composition of the Council
Article 3.
Composition
1-The Council is composed of seventy-three members, among them:
a) Sixty-three elected members;
b) A member designated by the Permanent Council of the Communities
Madeirenses;
c) A member designated by the Congress of the Açorian Communities;
d) Two members to be appointed by and from among the luster-elected in the countries of
reception in the region of Europe;
e) Two members to be appointed by and from among the luster-elected in the countries of
reception in the regions outside of Europe;
f) Two members to be appointed by and from among the associations of Portuguese in the
foreign, in the countries of Europe;
g) Two members to be appointed by and from among the associations of Portuguese in the
foreign, in the countries outside of Europe.
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2-A Table of the Council is composed of a President, two Vice-Presidents and two
secretaries, elected from among the members of the Council referred to in para. a) from the
previous number.
3-A The composition of the Council is advertised on the site at the Internet of the Ministry of
Foreign Affairs (http://www.min-nestrangeiros.pt).
CHAPTER III
Election of the Council
Article 4.
Marking of elections
1-Compete to the Government to mark the elections and coordinate the electoral process.
2-Elections are marked, with a minimum of 70 days in advance, by the member
of the competent government in relation to emigration and Portuguese communities,
heard the Permanent Council.
3-In the non-compliance of the preceding paragraph, the elections can be marked by two
thirds of the members of the Permanent Council, when they decorated 90 days after the
date on which they have pereniated four years since the day of the publication of the official results
of the previous elections.
Article 5.
Active electoral capacity
1-Gozam of active electoral capacity the Portuguese residents abroad
enrolled in the consular post of the respective area of residence and who have
completed eighteen years up to fifty days before each election.
2-In accordance with the electoral law for the Assembly of the Republic, they shall not enjoy
active electoral capacity:
a) The interactions by sentence with transit on trial;
b) The notoriously recognized as demented, yet not interdicted by
sentence, when admitted to psychiatric establishment or as such
declared by a joint of two doctors;
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c) Those who are deprived of political rights, by judicial decision transitioned in
judged.
Article 6.
Electoral notebooks
1-For the purposes set out in this Law, consular posts arrange notebooks
election where voters are listed in conditions of exercising the right to vote, to the
shelter from the one provided in the previous article.
2-Election notebooks referred to in the preceding paragraph are arranged on the date of
publication of the portaria that marks the elections and are unchangeable in the fifty days
previous to each election, without prejudice to the consular inscriptions being able to be
updated at all time.
3-Each voter can only appear in the electoral notebooks of a consular post.
4-For the purpose of consultation and complaint, they are exhibited at the consular posts, during
the first ten days of the sixties that precede each election, faithful copies of the
electoral notebooks.
5-Any elector may complain in writing of the omissions or undue inscriptions
in the face of the consul or, in his impediments, his legal substitute, owing the
complaints to be decided in the seven days following your submission and the decision
communicated to the person concerned and affixed to the consular post.
Article 7.
Passive electoral capacity
Eligible voters who are proposed on a full list by a minimum of 2% are eligible
of the voters registered in the respective constituency up to the maximum limit of 250
citizens voters.
Article 8.
Election of members
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1-The sixty-three members are elected by constituencies corresponding to
consular areas and, when this is not possible, by groups of consular areas,
countries or groups of countries, in the terms to be regulated by the Government.
2-Members are elected for four-year terms, by universal suffrage,
direct and secret of the voters set out in the electoral rolls, through lists
plurinominals.
3-Each voter has a singular list vote.
Article 9.
Seat of the constituencies
1-A The seat of the constituencies corresponding to countries is the embassy of Portugal in the
respective country.
2-Where the constituency corresponds to a group of countries, it shall be deemed that,
for all the effects, the seat of that circle takes place at the embassy of Portugal
situated in that where there is greater number of voters.
3-Whenever the constituency corresponds to a set of consular areas,
it is considered that, for all the effects, the seat of that circle takes place in the post
consular situated in that where there is a greater number of voters.
Article 10.
Number of members per constituency and election criterion
1-The number of members of the Council to be elected by each constituency to which
refers to the previous article is proportional to the number of registered voters, who
corresponds to the total of the Portuguese enrolled in the set of the consular areas which
o integrate, and is obtained by the method of the highest average of Hondt , according to
with following criteria:
a) Singapore-if separately the number of votes received by each list in the circle
respective electoral;
b) The number of votes ascertained by each list is divided, successively, by 1,
2, 3, 4, 5, etc., being the quotients lined up by the descending order of your
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greatness, in a series of so many terms how many the mandates assigned to the
respective constituency;
c) The mandates belong to the lists to which the terms of the series correspond
established by the previous rule, receiving each of the lists so many
mandates how many of their terms in the series;
d) In the case of resting one single mandate to distribute and the following terms of the
series being equal and of different lists, the mandate is up to the list you have obtained
lower number of votes.
2-The number of mandates to be elected in the electoral pool of each country may not exceed
eight members.
3-The number of mandates to be elected by each constituency is set for each
election through porterie, to be published until 65 days before the election.
Article 11.
Lists of application
1-A submission of the application lists rests with the entity first bidder of
each list and takes place in the face of the consul of Portugal in the constituency of which if
treat, between the 40 and 30 days leading up to the planned date of the elections.
2-Applicants from each list proposed to the election consider themselves to be ordered by
sequence of the respective application statement, the mandates being conferred
second that ordinance.
3-The lists proposed to the election must contain the nomination of actual candidates in
number equal to that of mandates assigned to the constituency to which they refer and to
alternating candidates in number equal to that of the herds.
4-Saved in cases where the number of eligible is less than 3, the lists proposed to
election shall ensure, in the indication of actual and alternating candidates in the terms
provided for in the preceding paragraph, which at least 1/3 of the elected is of sex
different.
5-Each candidate may only appear on a list of application.
6-Each candidate must state, for the purpose of the submission of the application list, the
following elements of identification:
a) Name, age, affiliation, profession, naturalness and residence;
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b) Consular enrolment number.
7-A application declaration is signed, jointly or separately, by the
candidates and hers must appear in the following directions:
a) Who do not apply for any other constituency, nor do they feature in
no longer any application list;
b) Who accept the application.
8-It is up to the ambassador, or to whom I legally replace him, to check:
a) The regularity of the process;
b) The authenticity of the documents that integrate the process;
c) The eligibility of the candidates.
9-The ambassador, or who lawfully substitutes him, substantitably rejects the
ineligible applicants, which must be replaced within five working days.
10-A non-replacement of candidates declared ineligible within the term specified in the
previous number implies the refusal of the list.
Article 12.
Absence of application lists
In the absence of the submission of application lists in any constituency, the
respective office will be exercised by a citizen with active electoral capacity,
appointed by the member of the competent government in emigration and
Portuguese communities, listened to local associative structures.
Article 13.
Election commissions
1-A The organization of the electoral process rests with the election commissions.
2-In each consular post where there are voters consists of an electoral commission,
made up of a representative of the consular post, who presides, and by a
representative of each competing list in the respective constituency.
Article 14.
Polling stations
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1-The polling stations for the electoral act work in each consular post with
registered voters and in the seats of nongovernmental organizations that, by
meet the appropriate conditions, have been accepted through application together
of the respective electoral commission.
2-The polling stations are integrated by the representatives of all the competing lists
in each constituency and chaired by a representative of the consular post,
by having the electoral commission indicate what composition of each of the tables.
3-The chairman of the election commission notifies non-governmental organizations in
how to operate voting tables of the requirements indispensable to the organisation of the act
electoral and the composition of the tables, as well as it delivers the extracts of the
electoral notebooks, from where they build the inscriptions of the electors who exercise their
right to vote in the respective organisation.
4-Election acts may be accompanied by the mandators of the lists of
candidates.
5-A competent entity disseminates, together with the Portuguese community of the respective area
territorial, the existing voting desks, indicating the geographical space covered by
each of them.
Article 15.
Clearance of the results of the election
1-The chairpersons of the polling stations send to the electoral commission of the respective area the
minutes of clearance of the electoral results, initialed by all the elements that
have constituted the polling stations.
2-The clearance of the election results in each country rests with an assembly of
general clearance, which has the following composition:
a) A president, who is the ambassador of Portugal in that country or, treating himself to
a group of countries, the ambassador of Portugal in the country where there is greater number
of voters;
b) A consul, or who performs his duties;
c) Two elements, being preferentially a jurist and a person with
adequate mathematical training;
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d) A secretary;
e) Two presidents of the voting tables of the draw circles, whenever there are
more than two polling stations.
3-The elements set out in points (b), (c) and (d) of the preceding paragraph shall be assigned
by the president of the general clearance assembly.
Article 16.
Publication of the results of the election
1-The results of the general clearance in each country should be advertised through the
an edital setting at the consular posts of the respective territorial area.
2-General results of the election are advertised on the site in Internet of the Ministry
of Foreign Affairs (http://www.min-nestrangeiros.pt).
Article 17.
Guarantees
1-It is up to the Embassies and the consular posts to ensure the democratization of the
process and electoral acts that take place within the framework of the respective jurisdiction.
2-Of the decisions taken by the electoral commission is to be appean to the Commission
National of Elections, without prejudice to contentious imputation in the general terms.
3-The appeal to the National Election Commission is to be brought in the deadline of
forty-eight hours from the notification of the decision.
CHAPTER IV
Mandate of advisers
Article 18.
Mandate
1-The term of office of the advisors has the duration of four years.
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2-The mandate starts with the possession and acceptance of the respective term and basket with the
publication of the official results after the subsequent elections, without prejudice to the
provisions of Articles 19 and following.
3-The model of the term of possession and acceptance, referred to in the preceding paragraph, is defined by
would pore.
Article 19.
Assessment of the regularity of the mandate of elected members
1-A The regularity of the mandates of the elected members of the Council of Communities
Portuguese is verified by the member of the competent Government in respect of
emigration and Portuguese communities, after appearing to be issued by the ambassador in the
country in whose embassy of Portugal has taken place the seat of a constituency
relatively to those elected by the respective circle.
2-The opinion referred to in the preceding paragraph shall include the assessment of the eligibility of
each elected, not being this impaired by eventual lapses of a formal nature.
Article 20.
Temporary replacement of elected members
1-Elected members may apply for, once per term, to the member of the Government
competent in the subject of emigration and Portuguese communities, their replacement
temporary for relevant reason, for a period of not more than 65 days.
2-For the relevant reason:
a) Serious and prolonged illness;
b) Case of force majeany.
Article 21.
Suspension of the mandate
1-Determine the suspension of the mandate:
a) The deferris of temporary replacement requirement by reason
relevant;
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b) The criminal procedure against the member, in Portugal or abroad.
2-For the purposes of the b) from the previous number, the ambassadors and consuls must
communicate to the member of the relevant government in emigration and
Portuguese communities the cases of criminal procedure against members of the
Council of Portuguese Communities of which they have knowledge.
3-A The suspension of the elected member's mandate is communicated to the ambassador in the country in
whose embassy of Portugal has taken place the seat of the respective constituency
by the member of the relevant government in emigration and communities
Portuguese, for the purpose of issuance of the opinion referred to in Article 19 (2)
relatively to the substituted candidates.
Article 22.
Substitute member
1-A The suspension of the elected member's mandate determines its replacement by the
candidate who follows in the order of precedence, which will have the quality of member
replacement.
2-Within 15 days after receipt of the notice of the shipping communication of the term
of acceptance, the substitute candidate accepts the replacement, signing and returning the
respective term, under penalty of loss of the replacement capacity.
3-The model of the substitute acceptance term referred to in the preceding paragraph will be
defined by portaria.
4-A loss of the replacement capacity referred to in paragraph 2 is notified to the
interested by the member of the Government with tutelage on emigration and the
Portuguese communities, preceding opinion of the ambassador in the country in whose
embassy of Portugal has taken place the seat of the respective constituency.
5-From decision to loss of electoral capacity rests with appeal, within five days
useful, for the member of the Government identified in the preceding paragraph, who will decide it in the
deadline of ten working days.
6-A The loss of the replacement capacity becomes effective since its advertise in the
site in the Internet of the Ministry of Foreign Affairs (http://www.min-
nforeigners .pt).
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7-The substitute member automatically cesses functions on the date on which the member
elect resume the exercise of his mandate by occupying his seat on the list, for effect
of future substitutions.
Article 23.
Cessation of suspension of mandate
1-In cases of suspension of the mandate by deferris of application for
temporary replacement for the relevant reason, this basket:
a) By the communication of the cessation of the impediment;
b) By the course of the replacement period.
2-In cases of suspension of the mandate as a result of criminal procedure
against the elected member, under the terms of the paragraph set out in paragraph b) of Article 21 (1),
this cesses by absolute sentence or equivalent.
Article 24.
Resignation to the mandate
1-Elected members may waive the mandate, upon written statement
sent to the member of the relevant government in relation to emigration and
Portuguese communities.
2-The application for replacement amounts to the waiver, if there are no candidates already
actual or alternating on the list of which you treat yourself.
3-A The resignation becomes effective since its advertise on the site in the Internet from the
Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt).
Article 25.
Loss of the mandate
1-Determine the loss of mandate:
a) The declaration of ineligibility following the verification of the regularity of
mandates provided for in Article 19;
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b) The supervenient occurrence of some of the predicted mismatch causes
in Article 30;
c) The loss of the condition of emigrant or resident in the constituency by which
the member was elected;
d) The non-acceptance or renunciation of the mandate;
e) The unwarranted lack of a meeting of the plenary or three meetings of the committees or
of the Standing Council, without exceeding, in total, the limit of three falters
unjustified;
f) The suspension of the mandate for more than 65 days followed or interpolated.
2-For the purposes of the provisions of the e) of the previous number, consider themselves justified
the flawings given on the grounds of illness and the case of force majeany.
3-A loss of mandate is notified to the person concerned by the member of the Government with
tutelage on emigration and the Portuguese communities, after issuance of opinion from the
ambassador to the country at whose embassy of Portugal has taken place the headquarters of the
respective constituency.
4-Of the notification provided for in the preceding paragraph is up to appeal, within five days
useful, for the member of the Government identified in the preceding paragraph, who will decide it in the
deadline of ten working days.
5-A loss of mandate becomes effective since its advertise on the site in the Internet
of the Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt).
Article 26.
Vacancy of office
In the event of vacancy of the office, the elected member is replaced definitively by the
first unelected candidate in the respective order of precedence on the same list, which
acquires the status of elected member.
Article 27.
Assigned members
The provisions of the Articles of this Chapter shall apply, with due adaptations, to the
assigned members.
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CHAPTER V
Rights, duties and incompatibilities of advisers
Article 28.
Duties of advisers
They constitute duties of the advisers:
a) Attend the meetings of the plenary and the committees that come to
constitute and to which they belong, as well as at meetings of the Council
Permanent in the case of the members elected to this organ;
b) Participate in the votes of the deliberations of the meetings referred to in the
previous;
c) Contribute to the proper functioning of the meetings referred to in para. a) ;
d) Contribute to the proper performance of the skills assigned to the
Advice.
Article 29.
Rights of advisers
The advisors enjoy the following rights:
a) Intervene in the debates, submit proposals and vote;
b) Request, in writing, clarifications to the holders of the consular posts in the
constituencies for which they were elected;
c) Meeting semester with the holders of the diplomatic missions and posts
consulars;
d) Meet quarterly with the advisors and adides of the specialist staff
of the Ministry of Foreign Affairs at the Embassies of Portugal, so
to collect all relevant information on the issues related to the
respective functional areas, specifically on social issues,
economic, cultural and teaching relating to the Portuguese communities;
e) Request, in writing, through the member of the competent Government in respect of
emigration and Portuguese communities, to the various services dependent on the
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Portuguese state abroad information on issues related to
the Portuguese communities and emigration.
Article 30.
Incompatibilities
The title of the office of a member of the Council or substitute member is
incompatible with:
a) The exercise of positions of representation in official Portuguese bodies in the
foreign;
b) The exercise of professional activity in consular representations and
diplomatic of Portugal;
c) The exercise, in a regime of detachment or requisition, of any activity
professional who find themselves under the jurisdiction of the Portuguese state.
CHAPTER VI
Organization of the Council
Article 31.
Forms of organisation of the Council
The Council operates in Plenary, in Commissions and in the form of Council
Permanent.
Article 32.
Plenary
1-Constituent the Plenary of the Council the elected members and the designated members.
2-Can participate in the plenary meetings, without the right to vote:
a) The member of the relevant government in emigration and communities
Portuguese;
b) The Members of the Assembly of the Republic.
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3-It may still be requested, to the member of the relevant Government in respect of
emigration and Portuguese communities, participation in the plenary meetings, without
right to vote, from:
a) Members of the Government of the Republic and of the Regional Governments;
b) Deputies to the Assembly of the Republic and members of the Assemblies
Legislative of the autonomous regions;
c) Representatives of the Interministerial Committee on Migration and the
Portuguese Communities;
d) Representatives of bodies of the Public Administration;
e) The social partners;
f) Other national or foreign entities.
4-The proceedings of the plenary meetings are conducted by the Bureau, constituted in the
terms of article 3 (2), and elected at the first meeting of the subsequent plenary to the
elections to the Council.
5-The plenary meets in Portugal when summoned, with the minimum advance of
sixty days, by the member of the competent government on emigration and
Portuguese communities or requested to this by a minimum of two thirds of the
its members.
6-The plenary meets ordinarily every two years and extraordinarily
when, for especially relevant reasons, this is warranted.
7-When the member of the relevant government in emigration and communities
Portuguese to determine it, the plenum can gather outside Portugal.
Article 33.
Competences of the plenary
The Council meeting in plenary has the following competences:
a) Approve the internal regulation of its functioning;
b) Electing the members of the Permanent Council;
c) Create the specialized commissions that you understand necessary for appreciation of the
material subject to its competence;
d) Debating and deliberating on the documents that to the effect to you
submitted;
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e) Approve the report of the Permanent Council's term of office and deliberation
on the programme of action;
f) Mandating the Permanent Council for the coordination of the implementation of the
approved action programme, as well as to ensure the representation of the
Council of Portuguese Communities in international meetings;
g) Approve the distribution formulas by the structures of the Council of appropriations
which, in each year, are assigned to it.
Article 34.
Commissions
1-Specialized commissions may have a permanent or temporary character.
2-Specialized commissions have the task to draw up reports and studies on
specific subjects to be submitted to the plenary or the meeting of the Standing Council.
3-It is given knowledge of all the reports and studies carried out by the committees to
each of the members of the Council.
4-In addition to the meetings held during the period of the Council's plenary, the
commissions can still meet up to two times a year, in Portugal, by
convenatory of the member of the competent government in emigration and
Portuguese communities or the chair of the committee.
5-A The composition of each specialized commission may vary between 10 a to 12 members,
depending on the nature and complexity of the subjects on which it is occupied, to be fixed
in the terms of Article 34 (1)
6-From among the members of the committee is elected a president, a vice president and a
secretary.
7-It is up to the specialist committees to approve the internal regulation of their
health.
Article 35.
Standing committees
1-The cast of the specialist committees of permanent character, the skills
materials specific to each of them and the number of advisors that integrate them
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are set by the plenary, at the first meeting subsequent to the elections for the
Advice.
2-The number of specialized commissions of permanent nature cannot be higher
to six.
3-Each counsellor integrates up to two standing committees, without prejudice
to be able to refer proposals to the committees that do not integrate or to participate
occasionally in its proceedings, when this is decided by the Bureau of the Council
in a reasoned opinion.
Article 36.
Commissions of a temporary nature
1-The Standing Council may constitute specialized committees of character
temporary for a certain end, up to the maximum limit of three in
concurrent operation.
2-Temporary committee commissions extinguish themselves with the approval of the report
final on the matter which has been the subject and foundation of its constitution.
Article 37.
Permanent Council
1-The Standing Council shall be constituted by:
a) Five members elected by the plenary, from among those referred to in the a) of paragraph 1
of Article 3, of which at least 1/3 must be of different sex;
b) The chairpersons of the standing committees that have been
constituted.
2-The members provided for in the paragraph a) of the previous number are elected by full list
with equal number of alternates, who will occupy the place in case of replacement.
3-A election expected in the preceding paragraph is held at the first meeting of the plenary
after the elections, in accordance with that provided for in the Council Regulation.
4-The Standing Council may be convened by the member of the relevant Government
on emigration and Portuguese communities, by its president or by a
minimum of two thirds of its members.
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5-The Permanent Council works in the Assembly of the Republic, gathering
ordinarily two times per year and extraordinarily when, on grounds
especially relevant, such if justifying.
6-In the case of the extraordinary meetings, the right of convocation by the President or
by the members of the Council can only be used once over the course of the term.
Article 38.
Competences of the Standing Council
It shall compete with the Permanent Council:
a) Electing the president, the vice president and a secretary, from among the members
provided for in paragraph a) of Article 37 (1);
b) Approve your internal organisation and the internal regulation of your
functioning;
c) Prepare and follow up on the work of the Council, including meetings
plenaries;
d) Coordinate the implementation of the deliberations and recommendations of the Council;
e) Coordinate the implementation of the approved programme of action;
f) Draw up a report of annual activities;
g) Issue opinion on the policies concerning the Portuguese communities;
h) To ensure the representation of the Council in international meetings;
i) Manage your budget;
j) To submit, in each year, to the member of the competent Government in respect of
emigration and Portuguese communities, the draft budget for the
exercise of your activities, as well as the report and accounts of your
functioning;
l) Contribute to the organization of inventory of human potentials,
notably cultural, artistic and economic, of the communities
Portuguese and make it available to all interested entities;
m) Receive the consultations made by the Government and issue the respective opinions.
Article 39.
Deliberations of the Standing Council
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The deliberations of the Standing Council shall be taken by a simple majority of the votes
of the members present, having the president vote de-tie, whenever it is warranted.
CHAPTER VII
Council of Youth of the Portuguese Communities
Article 40.
Composition
1-The Youth Council of Portuguese Communities consists of eleven
members, designated by the youth associations of the Portuguese communities,
according to the following representativeness:
a) A member coming from the region of Asia and Oceania;
b) Two members coming from the region of Africa;
c) Two members coming from the region of North America;
d) Two members coming from the region of Central America and South America;
e) Four members coming from Europe.
2-The Youth Council of the Portuguese Communities brings together, in Portugal,
when summoned by the member of the competent government in relation to emigration
and Portuguese communities, with a minimum advance of sixty days.
3-The ordinary meetings of the Youth Council of Portuguese Communities
take place every two years, at the same time with the plenary of the Council.
4-The Youth Council of the Portuguese Communities may still gather
extraordinarily up to twice a year, when this is warranted.
Article 41.
Competencies
1-Compete to the Council of Youth of the Portuguese Communities:
a) Issue opinion, whenever requested by the Council or on its initiative,
on the issues concerning youth policy for communities
Portuguese;
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b) Analyze and issue opinions on the issues related to participation
civics and the social and economic integration of young emigrants and
lusodescendants in the host countries;
c) Pronouns on projects and proposals for law and too many draft acts
legislative and administrative, well on international or normative agreements
community when they are concerned with young people related to young people
of the Portuguese communities residing abroad and the lusodescendants.
2-Compete still to the Youth Council of Portuguese Communities:
a) Elect your coordinator;
b) Approve your internal organisation and the internal regulation of your
health.
3-All opinions and information issued under paragraph 1 of this article are
led to the knowledge of the Council.
CHAPTER VIII
Funding
Article 42.
Funding
The costs of operating and the activities of the Council, the Permanent Council and
of the Youth Council of the Portuguese Communities are financed through
global allotment entered annually as own allocation in the budget of the Ministry of
Foreign and distributed business under the terms of the g) of Article 33 para.
CHAPTER IX
Cooperation with the Council
Article 43.
Duty of cooperation with the Council
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1-The responsible persons of the various services dependent on the Portuguese state in the
foreign shall cooperate with the members of the Council in the framework of the
competences of this organ.
2-Members of the Council shall have a right of access to information relating to subjects
to respect the Portuguese community resident abroad, together with the various
services of the Portuguese state, including diplomatic and consular representations,
with the exceptions set out in the law on the right access to the documents of the
Administration.
3-Embassies and consular posts shall provide, where possible, the
various bodies of the Council the use of the respective facilities for the
realization of frameworks that are framed in their activity.
4-Council members may participate in the social commissions of the posts
consular area of the geographical area of the constituency by where they are elected.
CHAPTER X
Final and transitional provisions
Article 44.
Interpretation and integration
The provisions of Chapter V of this Law shall be construed and integrated from
harmony with electoral legislation for the Assembly of the Republic.
Article 45. º
Abrogation standard
They are revoked:
a) The Law No. 48/96 of September 4, as amended by Law No.
21/2002, of August 21;
b) The Portaria No. 103/2003 of January 27;
c) The Portaria No. 147-A/2003 of February 12;
d) The Portaria No. 411/2003 of March 5.
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Article 46.
Transitional arrangement
1-The mandate of the elected councillors under Law No. 48/96 of September 4 in the
wording given to it by Law No. 21/2002 of August 21 and of the Portaries n.
103/2003, of January 27, and 147-A/2003, of February 12, shall cease with the
publication of the official results of the elections to the Council of the Communities
Portuguese to be constituted pursuant to this Law.
2-The elections referred to in the preceding paragraph and the respective electoral process shall be governed by-
on the provisions enshrined in this diploma.
Article 47.
Entry into force
This Law shall come into force on the January 1, 2007.
Seen and approved in Council of Ministers of May 18, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs