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Defines The Powers, Organization And Functioning Of The Council Of Portuguese Communities

Original Language Title: Define as competências, modo de organização e funcionamento do Conselho das Comunidades Portuguesas

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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