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1/29 DRAFT law No. 72/X explanatory memorandum 1. The rule of equality of rights and duties among all the Portuguese, living inside or outside of Portugal, consecrated in the Constitution of the Portuguese Republic, ensures the Portuguese citizens living abroad that falls upon the Portuguese State a duty to develop the necessary conditions for the continuation of that principle and to take concrete measures to allow those citizens, despite the territorial distance that separates them from your country be involved and participate in public policy and governmental action undertaken. The Government should, in this context, contribute to the consolidation of the insert and the guard of the social, economic and cultural status of Portuguese citizens and lusodescendentes, living abroad, in their respective host countries and, at the same time, strengthen your connection to Portugal, to the language, history and culture of the country, thereby fulfilling the 17TH Constitutional Government program in the context of the recovery of the Portuguese communities. The specifics of each host country, both in terms of the social and economic reality, or within the legal framework that governs internally, raises additional difficulties in the definition and pursuit of policies aimed at Portuguese communities living abroad. 2. The Council of the Portuguese Communities, while specific mechanism of representation of the Portuguese living abroad, becomes a key tool of Government consultation, allowing at the same time, those nationals to participate in the formulation of policies to which they are addressed, as well as to close their liaison links with Portugal.
The Portuguese communities, from an early age, have organized among themselves, in particular in associations, looking to respond to their needs and interests and safeguard the roots of Portuguese language and culture. 2/29 In Portugal, the first institution that held the themes and problems of emigration was an institution of civil society, the society of geography. The Portuguese Communities Council was established, for the first time, in 1980, through Decree-Law, having assumed the nature of associative Council. A few years later, under the influence of the trend followed by most representative councils of emigrants in Europe and considering that the election of the members of the CCP based solely on associative medium did not allow the real participation of all sectors of the Portuguese communities, the Decree-Law No. 101/90, of 21 March, came to restructure the CCP. In 1996, the law No. 48/96, of 4 September, redefined the legal framework of this organ. Today, after 10 years of validity of the diploma instituted the CCP in accordance with regulations, its structure and form of organization are misfits of the current requirements of the Portuguese communities. 3. The Government therefore essential to devote a new organizational model for the Portuguese Communities Council, keeping unchanged the essence of your Advisory and representative organ of the Portuguese community, may be weighted and global discussion of the problems and needs of the Portuguese diaspora and lusodescendentes and contributes to dignify the role of Board member and stimulate the female representation in this advisory body. Despite the continuation of the tasks of the CCP on your dual mission of defending the rights and interests of the Portuguese living abroad in Portugal and in the host countries, the restructuring that is presented will improve the functioning of the CCP, in particular, by binding benchmark of Councillors around general themes of the Portuguese community living abroad, in place of the territory or consular area which leads to the election of each. On the other hand, pursuing the objective of legislative simplification and intending to avoid the proliferation of broadsides and diplomas on time, averse to legal harmonization and consolidation of stable and long-lasting regimes, the Government has seen fit to congregate in the legislation establishing the Council of Portuguese Communities and regulating their competences, composition and mode of operation and organization, legal regimes relating to the electoral process 3/29 to this body and to the mandate of Councillors , which currently are regulated through the Ordinances that mark the date of the elections, in the first case, or define the mode of the effective exercise of the functions of the members who have just been elected, in the second case. 4. this law defines the powers, composition, mode of organization, functioning and structure of the Board of the Portuguese Communities, as well as the electoral process to that organ, the rules relating to the mandates of its members and their status. This diploma is designed to blur the idea of CCP as a body representative of non-governmental organizations of Portuguese abroad, taking care the CCP as the representative Council of each and every one of the Portuguese who reside abroad.
As regards the composition of the CCP, reduces the number of elected councillors and the existence of representative members of the Portuguese communities coming from the autonomous regions, of luso-eleitos in the host countries and Portuguese associations abroad. It is therefore considered essential to join direct elections and universal representation the representation of Portuguese communities originating in the Azores and Madeira, the Portuguese elected for the performance of public and political functions in the countries where they reside and associations. To establish if the associative representation is intended, on the one hand, give relief to the spontaneous organization of the Portuguese community abroad that often has a key role in providing support and in defence of the interests of Portuguese citizens resident in that place and in promoting learning and dissemination of the Portuguese language and culture and, on the other hand, to promote and achieve the binding of many lusodescendentes to Portugal , enabling your participation in the PJC, through the associations they belong to. 5. Accordingly, the draft law stipulates that the CCP is composed of 73 members, being elected and the remaining 63 10 members appointed by the Permanent Council of the Madeiran Communities (1), by the Congress of the Azorean Communities by the Regional Government of the Azores (1), by and between the luso-eleitos in the host countries (4, including 2 representing Europe and 2 representing the 4/29 countries outside Europe) , by and between the Portuguese associations abroad (4, including 2 representing Europe and 2 representing the countries outside Europe). Determines that, in the absence of filing of application lists in any constituency, its position is exercised by a citizen with active electoral capacity, appointed by the Member of Government responsible for emigration and Portuguese communities, after hearing the local associative structures. 6. With regard to the regulatory standards of the electoral process, stresses the fact that, at present, in accordance with the provisions in force, be regulated by Ordinance that marks the date of the elections to the CCP, proposing in this Bill, that the procedure for the elections for the CCP pass getting her consecrated, except for administrative purposes on regulatory processes for each election through the date your diploma. 7. Are still, by the change they represent, the rules for active and passive electoral capacity. As regards the first case, are defined the active electoral incapacity cases, as provided for in the electoral law for the Assembly of the Republic. As for passive electoral capacity, the proposed law, contrary to the applicable law, which distinguishes between two situations of eligible voters (those are offered in complete list for at least one non-governmental organization of Portuguese abroad, since signed by a minimum of 50 voters and independent voters that are offered in complete list for a minimum of 100 electors) stop making this distinction, determining which are eligible any voters who are offered in complete list for a minimum of 2% of registered voters in their constituency, up to a maximum of 250 voters. Therefore chosen by proportional to the respective electoral universe, for the purposes of proposed list, determining the maximum and minimum limits, in order to take account of changes in the number of Portuguese residents in each foreign country. 5/29 with regard to the maximum number of mandates to be elected in the electoral Assembly of each country, this is reduced to eight members, taking into account the decrease in the number of elected Councillors. Still with regard to the active electoral capacity, it should be noted that the current scheme provides that are not eligible for the CCP voters exercising positions of representation in Portuguese official bodies abroad, nor the voters engaged in professional activities in the consular and diplomatic representations of Portugal abroad whose functions are considered incompatible with your election. In this Bill, these cases were converted in incompatibilities with the title of the position of Member of the Board, having added as incompatibility with this title the exercise in detachment or requisition, any professional activity that is under the jurisdiction of the Portuguese State. Other relevant innovation results from the determination that, except in cases where the number of eligible members is less than 3, the lists proposed to the election shall ensure, in the appointment of candidates and alternates at least 1/3 of the elect is of different sex. 8. innovative is the consecration, Also in the law of the CCP, the rules governing the exercise of the functions of elected members. The regularity of the mandates shall be verified by the Member of Government responsible for Portuguese communities and emigration, after opinion of the Ambassador in the country of the seat of the constituency for which the Councillor was elected. The Bill recently, so a chapter to the rules on the assessment of the correctness of the term of Office of the members elected, the substitute members, the temporary replacement of an elected member, the suspension of the mandate and its termination and renunciation, loss and vacancy in Office. And establishes a new cause for removal from Office as a sanction to the breach of duty assigned his advisers to attend in their meetings: the lack a plenary meeting or undue the three meetings of the commissions or of the Permanent Council, without exceeding in total the three fouls. 9. Another important and innovative proposal is the creation of a statute for members, through the consecration of a set of duties, duties and incompatibilities. 6/29 10. To rebuild the participation of CCP members in greater breadth to your entire community, instead of the reduced vision to the constituencies for which they are elected, cease to exist regional sections of the Council, and the possibilities of local sections and subsections. Restructure the CCP around 3 forms of organization: the plenary, the committees and the Permanent Council. Dedicates the possibility of committees made up of a permanent nature and of a temporary nature and define their competences, composition, number and frequency of meetings. The plenary and the Permanent Council maintains, in essence, the mode of operation and powers, as provided for in the current system, and determines that the Permanent Council consists of 5 members elected by the plenary, of which at least 1/3 must be of different sex, and the Chairmen of the permanent committees. 11. Being a constant concern of the Government to encourage the Portuguese and Portuguese-descendant young people to actively participate in defining and implementing policies and actions to which they are addressed, as well as promote your approach to Portugal and the socio-economic and cultural integration to the country where they live or were born, this Bill creates a youth representative body of Portuguese communities the Council of youth of the Portuguese Communities. Their skills are to speak and issue opinions on matters relating to youth policy for the Portuguese communities and on civic participation and social and economic integration of young immigrants and lusodescendentes in the host countries. The Portuguese communities Youth Council consists of eleven members, appointed by Portuguese communities, being a member from the region of Asia and Oceania, two of the Africa region, two in the region of North America, two from Central America and South America and four from Europe. 12. As for the financing of the costs of operation and activities of the Council, the draft law provides that the same are funded through global funds entered annually as the Ministry's own budget with the tutelage of the Portuguese Community and emigration. 7/29 13. This Bill establishes an article still with transitional provisions, with the aim of ensuring that the mandate of the current Board members remain current and molds us according to the legal regime in force and only ceases with the publication of the official results of the elections to the future CCP, which should govern the standards of this diploma. 14. With the definition of the proposed scheme, the Government seeks to meet the requests and needs felt by the Portuguese and lusodescendentes living abroad, as well as the concerns expressed by members of the Permanent Council of the Portuguese Communities along a set of encounters and fruitful discussions at the end of which, and after the date of the agreement was given positions of those the Bill as it is presented. Was heard the Portuguese Communities Council.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: CHAPTER I definition and competencies of the Board of the Portuguese Communities article 1 Definition the Portuguese Communities Council, further abbreviated as ' the Council ', is the representative Assembly of the Portuguese living abroad and performs functions of State advisory body.
Article 2 1 Skills-the Council: a) issue opinions at the request of the Government or the Assembly of the Republic, on projects and bills and other draft legislative acts and administrative 8/29, as well as on international agreements or Community regulatory Portuguese communities living abroad; b) Appreciate the questions that you are posed by regional Government of the Azores or Madeira for the Portuguese communities from those autonomous regions; c) Produce information and issue opinions, by your own initiative, on all matters respecting the Portuguese living abroad and the development of the Portuguese presence in the world, and direct them to the Member of Government responsible for emigration and Portuguese communities; d) Formulating proposals and recommendations on the objectives and the application of the principles of immigration policy. 2-it is still on the Council to approve the rules of procedure of your operation.
CHAPTER II Composition of the Council article 3 Composition 1-the Council is composed of 73 members, among which are: a) 63 elected members; (b)) A member designated by the Permanent Council of the Madeiran Communities; c) A member designated by the Congress of the Azorean Communities; d) two members appointed by and from among the luso-eleitos in the host countries in the European region; and) two members to be designated by and from among the luso-eleitos in the host countries in regions outside Europe; f) two members appointed by and from among the Portuguese associations abroad, in the countries of Europe; g) two members appointed by and from among the Portuguese associations abroad, in countries outside Europe. 9/2-29 the Council table is composed of a President, two Vice-Presidents and two Secretaries, elected from among the members of the Council referred to in point (a)) of the preceding paragraph. 3-composition of the Board is published on the Internet Web site of the Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt).
CHAPTER III of Council election, article 4 1-elections marking the Government mark the elections and to coordinate the election process. 2-elections are scheduled, with the minimum of 70 days in advance, by the Member of Government responsible for emigration and Portuguese communities, heard the Permanent Council. 3-In-compliance with the preceding paragraph, the elections can be marked by two thirds of the members of the Permanent Council, when 90 days have elapsed after the date on which amount to four years from the day of publication of the official results of the previous elections.
Article 5 active electoral Capacity 1-enjoy active electoral capacity the Portuguese living abroad included in the consular office of their area of residence and who have completed eighteen years until 50 days before each election. 2-in accordance with the electoral law for the Assembly of the Republic, do not enjoy an active electoral capacity: a) The prohibited by sentence with traffic; b) The notoriously recognised as insane, although not prohibited by sentence, when admitted to psychiatric establishment or as such declared by a team of two doctors; 10/29 c) those who are deprived of political rights by judicial decision which has become final.
Article 6 the electoral roll 1-for the purposes set out in this law, consular organize electoral roll containing the voters able to exercise the right to vote, under the previous article. 2-The electoral roll referred to in the preceding paragraph are organized on the date of publication of the Ordinance that marks elections and are unalterable in 50 days prior to each election, without prejudice of the consular registration can be updated at any time. 3-Each elector can only appear on the electoral roll of a consular post. 4-for the purposes of consultation and complaint, are exposed in the consular, during the first ten days of 60 before each election, faithful copies of the electoral roll. 5-Any elector can complain in writing of omissions or improper registrations before the Consul or, in his impediments, your legal substitute, and the complaints be decided in seven days following your presentation and the decision communicated to the party concerned and posted in the consular post.
Article 7 passive electoral Capacity are eligible voters who are offered in complete list for a minimum of 2% of registered voters in their constituency up to a maximum of 250 voters.
Article 8 election of 11/1 29 members-The 63 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 accordance with the regulations by the Government. 2-members are elected for four-year mandates by universal, direct and secret suffrage of voters in the electoral roll, through plurinominais lists. 3-Each voter has one vote of list.
Article 9 the constituencies 1-the seat of constituencies corresponding to countries is the Embassy of Portugal in their country. 2-whenever the constituency corresponds to a group of countries, it is considered that, for all intents and purposes, the seat of that circle takes place at the Embassy of Portugal situated in that where there is the largest number of voters. 3-where the constituency corresponds to a set of consular areas, it is considered that, for all intents and purposes, the seat of that circle takes place at the consular post situated in that where there is the largest number of voters.
Article 10 number of members by constituency and election criteria 1-the number of Board members to be elected for each constituency referred to in the previous article is proportional to the number of registered voters, which corresponds to the total of the Portuguese entered the consular areas that integrate, and is obtained by the highest average method d'Hondt method in accordance with the following criteria: a) clears up separately the number of votes received for each list in the respective constituency; b) the number of votes counted for each list is divided successively by 1, 2, 3, 4, 5, etc., and the quotients aligned by descending order of your 12/29 greatness, in a series of so many how many terms of the mandates assigned to the respective constituency; c) mandates belong to the lists that match the terms of the series established by the previous rule, receiving each of the lists as many mandates as their terms in the series; d) in the case of one term left to distribute, and to the following terms of the series are equal and different lists, the list which has obtained fewer votes. 2-the number of mandates to be elected in the electoral Assembly of each country cannot exceed eight members. 3-the number of mandates to be elected for each constituency is defined for each election by portaria, to publish up to 65 days before election.
Article 11 application Lists 1-submission of application lists the entity first proposer of each list and takes place before the Consul of Portugal in the constituency in question, between 40 and 30 days before the date set for the elections. 2-the candidates of each list proposed to the election shall be deemed to be ordered according to the sequence of their Declaration of candidacy and the mandates according to that ordering. 3-proposed the election lists must contain an indication of actual candidates in equal number to the mandates assigned to the constituency to referring and alternate candidates in equal number to the plan. 4-except where the number of eligible is less than 3, the lists proposed to the election shall ensure, in the appointment of candidates and alternates in accordance with the preceding paragraph, that at least 1/3 of the elect is of different sex. 5-each candidate may appear on a list. 6-Each applicant must indicate, for the purpose of presentation of the application list, the following elements: ID) name, age, affiliation, occupation, birthplace and residence; 13/29 b) consular registration Number. 7-Declaration of candidacy is signed jointly or separately, by candidates and shall contain the following information: a) who do not apply for any other constituency, nor included in any list of application; b) that accept the candidacy. 8-Fit the Ambassador or legally replace, check: a) the regularity of the proceedings; b) the authenticity of documents that are part of the process; c) the eligibility of candidates. 9-the Ambassador, or who legally take your place, inform candidates ineligible rejects, which must be replaced within five working days. 10-no substitution of ineligible candidates within the time limit laid down in the preceding paragraph implies the refusal from the list.
Article 12 absence of application lists in the absence of filing of application lists in any constituency, its position will be exercised by a citizen with active electoral capacity, appointed by the Member of Government responsible for emigration and Portuguese communities, after hearing the local associative structures.
Article 13 1 election commissions-the Organization of the election process the election commissions. 2-In each consular office where there are voters a Electoral Commission, composed of a representative of the consular post, who chairs, and one representative from each list competitor in their constituency.
Article 14 polling stations 14/1-29 The polling stations for the election work in each consular office with registered voters and in the seats of the non-governmental organizations, by gathering the appropriate conditions have been accepted through application to the Electoral Commission. 2-the polls are integrated by representatives from all the competing lists in each constituency and chaired by a representative of the consular post, and the Electoral Commission indicate the composition of each of the tables. 3-the President of the Electoral Commission notifies non-governmental organizations in operating polling stations of the requirements necessary for the Organization of elections and the composition of the tables, as well as make delivery of extracts from the electoral roll, where included in the registration of voters exercising your right to vote in their organisation. 4-The elections may be accompanied by representatives of the lists of candidates. 5-the competent entity discloses, with the Portuguese community of its territorial area, the existing voting tables, indicating the geographical area covered by each of them.
Article 15 Establishment of election results 1-the Presidents of polling send to the respective area Electoral Commission the minutes of clearance of election results, initialled by all the elements which constituted the polling stations. 2-the establishment of the results of the election in each country it is up to an Assembly of discharge that has the following composition: a) A President, who is the Ambassador of Portugal in this country or, in the case of a group of countries, the Ambassador of Portugal in Brazil where there is a greater number of voters; b) A Consul, or who carries out his duties; c) two elements, and preferably a lawyer and a person with adequate training; 15/29 d) A Secretary; and) two Presidents of polling the circles drawn, where there are more than two polling stations. 3-The particulars referred to in paragraph 1 (b)), c) and (d)) of the preceding paragraph shall be appointed by the President of the Assembly of discharge General.
Article 16 publication of election results 1-the results of the clearance in each country must be advertised through the posting of the public notice in the consular posts of their land area. 2-the General results of the election are advertised on the Internet Web site of the Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt).
Article 17-1 Guarantees the Embassies and consular posts to ensure the democratic process and the elections taking place within their jurisdiction. 2-decisions taken by the Election Commission appeal to the National Commission of elections, without prejudice of litigation challenging in general terms. 3-the resource for the National Commission of elections should be lodged within 48 hours of notification of the decision.
CHAPTER IV Term of Directors article 18 1 Mandate-the mandate of Councillors has the duration of four years. 16/2-29 the mandate starts with ownership and acceptance of the respective term and ends with the publication of the official results after subsequent elections, without prejudice to articles 19 and following. 3-the term of ownership and acceptance, referred to in the preceding paragraph, is defined by ministerial order.
Article 19 assessment of the regularity of the term of Office of the elected members 1-the regularity of the mandates of the elected members of the Council of Communities is verified by the Member of Government responsible for emigration and Portuguese communities, after consulting the issuing by the Ambassador in the country whose Embassy of Portugal has taken place the seat in a constituency in relation to elected by the circle. 2-the opinion referred to in the preceding paragraph includes the assessment of the eligibility of each elected, not being undermined by possible lapses of formal nature.
Article 20 temporary replacement of elected members 1-elected members might require, once a term, the Member of Government responsible for emigration and Portuguese communities, your temporary replacement for reason, for a period not exceeding 65 days. 2-relevant reason means: a) serious illness and prolonged; b) cases of force majeure.
Article 21 the term Suspension 1-Determine the suspension of the mandate: a) the acceptance of application for temporary replacement for relevant; 17/29 b) the criminal procedure against the Member, in Portugal or abroad. 2-For the purposes of point (b)) of the preceding paragraph, the ambassadors and consuls shall communicate to the Member of Government responsible for emigration and Portuguese communities in the cases of criminal proceedings against members of the Board of the Portuguese Communities who acquire knowledge. 3-the suspension of the mandate of an elected member is communicated to the Ambassador in the country whose Embassy of Portugal has taken place the seat of its constituency by the Member of Government responsible for emigration and Portuguese communities, for the purposes of issuing the opinion referred to in paragraph 2 of article 19 concerning the applicants substitutes.
Article 22 Member replacement 1-the suspension of the mandate of the elected Member determines your replacement by the candidate who follows in order of precedence, which have the quality of substitute member. 2-within 15 days of receipt of the notice of shipment of the end-user license agreement, the substitute candidate accepts the replacement, signing and returning the respective term, under penalty of loss of the ability to override. 3-the term for acceptance of replacement referred to in the preceding paragraph shall be defined by ministerial order. 4-the loss of the capacity of the replacement referred to in paragraph 2 shall be notified to the person concerned by the Member of the Government with tutelage on emigration and the Portuguese communities, preceding opinion of Ambassador in the country whose Embassy of Portugal has been the seat of the constituency concerned. 5-the confiscation of electoral capacity appeal within five working days, to the Member of the Government identified in the preceding paragraph, which shall decide within 10 working days. 6-the loss of replacement capacity becomes effective since your advertising on the Internet Web site of the Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt). 18/29 7-the substitute member shall automatically terminate on the date on which the Member elected resume exercising your mandate, taking your place on the list, for the purpose of future replacements.
Article 23 Termination 1-term suspension in cases of suspension of the mandate for acceptance of application for temporary replacement for relevant, this ceases: a) The communication from the cessation of the hindrance; b) by during the replacement. 2-in cases of suspension of the mandate as a result of criminal proceedings against the elected member, in accordance with the laid down in point (b)) of paragraph 1 of article 21, this ceases by sentence of acquittal or its equivalent.
Article 24 1-resignation the elected members can renounce the mandate, by written declaration sent to the Member of Government responsible for emigration and Portuguese communities. 2-the request for replacement is equivalent to waiver, if there are no actual or substitute candidates on the list in question. 3-the resignation becomes effective since your advertising on the Internet Web site of the Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt).
Article 25 of the mandate-1 Loss Determine the loss of mandate: a) the Declaration of ineligibility as a result of the verification of the regularity of the mandates provided for in article 19; 19/29 b) the incidental occurrence of any of the causes of incompatibility laid down in article 30; c) the loss of the condition of migrant or resident in the constituency for which the Member was elected; d) the non-acceptance or resignation; and) unjustified lack a plenary meeting or three meetings of the commissions or of the Permanent Council, not to exceed, in total, the three unjustified absences; f) the suspension of the mandate for more than 65 days or interpolated. 2-for the purposes of point (e)) of the preceding paragraph, justified absence given by reasons of illness and cases of force majeure. 3-the loss of mandate is notified to the person concerned by the Member of the Government with tutelage on emigration and the Portuguese communities, after an opinion of the Ambassador in the country whose Embassy of Portugal has been the seat of the constituency concerned. 4-The notification referred to in the preceding paragraph appeal within five working days, to the Member of the Government identified in the preceding paragraph, which shall decide within 10 working days. 5-the loss of mandate becomes effective since your advertising on the Internet Web site of the Ministry of Foreign Affairs (http://www.min-nestrangeiros.pt).
Article 26 Vacancy of Office in case of vacancy of the Office, the elected member is replaced by first unelected candidate in their order of precedence on the same list, which acquires the status of an elected member.
Article 27 members designated pursuant to articles of this chapter shall apply mutatis mutandis to designated members. 20/29 Chapter V rights, duties and incompatibilities of Councillors article 28 Duties of the directors Constitute duties of Directors: a) Attend meetings of the plenary and the committees that will be and to which belong, as well as in the meetings of the Permanent Council in the case of members elected to this body; b) participate in votes of the deliberations of the meetings referred to in the preceding sub-paragraph; c) contribute to the proper functioning of the meetings referred to in subparagraph (a)); d) contribute to the proper performance of the powers vested in the Council.
Article 29 rights of Directors the directors shall enjoy the following rights: a) Intervene in the debates, submit proposals and vote; b) request in writing, clarification to the holders of consular posts in the constituencies for which they were elected; c) Meet every six months with the holders of diplomatic missions and consular posts; d) Meet quarterly with the counselors and staff officers specializing in the Foreign Affairs Ministry in the embassies of Portugal, in order to collect all relevant information on issues related to their respective functional areas, particularly on social issues, economic, cultural and education relating to Portuguese communities; e) request in writing, through the Member of Government responsible for emigration and Portuguese communities, the various services 21/29 State-dependent Portuguese abroad information on issues related to the Portuguese communities and emigration.
Article 30 Incompatibilities title to the position of Board member or substitute member is incompatible with: a) the exercise of offices of representation in Portuguese official bodies abroad; b) the exercise of professional activity in the consular and diplomatic representations of Portugal; c) exercise in detachment or requisition, any professional activity that is under the jurisdiction of the Portuguese State.
CHAPTER VI Organization of the Council article 31 forms of organization of the Council the Council works in plenary, in committees and in the form of Permanent Council.
Article 32 Plenary 1-constitute the Plenary of the Council elected members and appointed members. 2-Can attend the meetings of the plenary, without the right to vote: a) the Member of Government responsible for emigration and Portuguese communities; b) members to Parliament. 22/29 3-Can still be requested, the Member of Government responsible for emigration and Portuguese communities, participation in plenary meetings, without the right to vote, to:) of the Government of the Republic and Members of the regional Governments; b) Deputies to the Assembly of the Republic and members of the legislative assemblies of the autonomous regions; c) Inter-ministerial Commission representatives of migrations and Portuguese communities; d) representatives of public administration bodies; and) social partners; f) Other national or foreign entities. 4-the work of plenary meetings are conducted by the Bureau, established in accordance with paragraph 2 of article 3, and elected at the first meeting of the plenary session subsequent to the elections to the Council. 5-the plenary meets in Portugal, when convened, at least 60 days, by the Member of Government responsible for emigration and Portuguese communities or requested this for a minimum of two-thirds of its members. 6-the plenary meets ordinarily every two years and extraordinarily when, for reasons that are especially relevant, as appropriate. 7-When the Member of Government responsible for emigration and the Portuguese communities determine, the plenary may gather outside of Portugal.
Article 33 responsibilities of the Council plenary meeting in plenary has the following powers: to) approve the rules of procedure of your operation; b) Elect the members of the Permanent Council; c) Create specialized committees which considers necessary for consideration of substances covered by your competence; d) discuss and deliberate on the documents that are submitted for this purpose; 23/29 e) Approve the report of the mandate of the outgoing Permanent Council and decide on the programme of action; f) Instruct the Permanent Council for the coordination of the implementation of the programme of action adopted, as well as to ensure the representation of the Council of the Portuguese Communities in international meetings; g) approving the distribution formulas by the structures of the Council of the resources which, each year, you are assigned.
Article 34 1 Committees-The specialist committees can be temporary or permanent. 2-The specialist committees have the task of drawing up reports and studies on specific subjects to be submitted to the plenary session or the meeting of the Permanent Council. 3-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 plenary of the Council, the committees can also meet up twice a year, in Portugal, by convening the Member of Government responsible for emigration and Portuguese communities or the President of the Commission. 5-the composition of each Committee can vary between 10 to 12 members, depending on the nature and complexity of the subjects on which it occupies, to be determined in accordance with paragraph 1 of article 34-6 from among the members of the Commission shall elect a Chairman, a Vice-Chairman and a Secretary. 7-it is the committees approve the rules of procedure of your operation.
Article 35 permanent Commissions 1-the cast of the permanent committees, the skills specific to each material and the number of Councillors that integrate 24/29 are set by the plenary, at the first meeting following the election to the Council. 2-the number of permanent committees cannot exceed six. 3-each Director integrates up to two permanent committees, without prejudice to power refer proposals to the committees that do not integrate or participate occasionally in their work, when this is decided by the Bureau of the Council in the reasoned opinion.
Article 36 1-temporary Commissions the Permanent Council may establish temporary committees for a particular purpose, up to a maximum of three in simultaneous operation. 2-temporary committees cease to exist with the approval of the final report on the subject that has been covered and Foundation of your Constitution.
Article 37 1-Permanent Council the Permanent Council consists of: a) five members elected by the plenary, from among the referred to in point (a)) of paragraph 1 of article 3, of which at least 1/3 must be of different sex; b) the Presidents of permanent commissions that have been formed. 2-the members referred to in subparagraph (a)) of the preceding paragraph are elected by full list with equal number of alternates, who will occupy the place in case of replacement. 3-the election referred to in paragraph 1 is held at the first meeting of the plenary after the elections, as provided for in the Council regulation. 4-the Permanent Council may be convened by the Member of Government responsible for emigration and Portuguese communities, by your President or by at least two-thirds of its members. 25/5-29 the Permanent Council works in the Assembly of the Republic, gathering ordinarily twice a year and extraordinarily when, for reasons that are especially relevant, as appropriate. 6-In case of extraordinary meetings, convening by the President or by the members of the Council can only be used once throughout the term.
Article 38 powers of the Permanent Council the Permanent Council: a) elect the President, the Vice President and a Secretary from among the members referred to in subparagraph (a)) of paragraph 1 of article 37; b) approving the your internal organisation and the rules of procedure of your operation; c) Prepare and monitor the work of the Council, including the plenary meetings; d) Coordinate the implementation of the resolutions and recommendations of the Council; and) Coordinate the implementation of the action programme approved; f) draw up an annual activity report; g) formulate an opinion on policies relating to Portuguese communities; h) ensure the representation of the Board in international meetings; I) manage your budget; j) Submit, each year, the Member of Government responsible for emigration and Portuguese communities, the draft budget for the exercise of their activities, as well as the report and your accounts; l) contribute to the Organization of inventory of human potential, including economic, cultural, artistic and Portuguese communities and make it available to all stakeholders; m) Receive the queries made by the Government and issue their opinions.
Article 39 Permanent Council deliberations 26/29 Permanent Council decisions are taken by simple majority of the votes of the members present, having the President's casting vote, where appropriate.
CHAPTER VII Portuguese communities Youth Council article 40 1 Composition-the Portuguese communities Youth Council consists of eleven members, appointed by Portuguese communities youth associations, in accordance with the following representation: a) a member who comes from Asia and Oceania; b) two members from the African region; c) two members from the North America region; d) two members from the region of Central America and South America; and) four members hail from Europe. 2-the Portuguese communities Youth Council meets in Portugal, when convened by the Member of Government responsible for emigration and Portuguese communities, at least 60 days. 3-ordinary meetings of the Portuguese communities Youth Council are held every two years, in parallel with the plenary of the Council. 4-the Portuguese communities Youth Council can still assemble remarkably up to twice a year, as appropriate.
Article 41 1 Skills-it is the Portuguese communities Youth Council: a) an opinion, where requested by the Council or by your initiative, on matters relating to youth policy for the Portuguese communities; 27/29 b) Analyze and issue opinions on issues related to civic participation and social and economic integration of young immigrants and lusodescendentes in the host countries; c) decide on projects and proposals of laws and other legislative acts and administrative projects as well on international agreements or community when regulatory related matters are concerned the young Portuguese communities living abroad and the lusodescendentes. 2-it is still the Portuguese communities Youth Council: a) elect your coordinator; b) approving the your internal organisation and the rules of procedure of your operation. 3-all opinions and information issued under paragraph 1 of this article shall be brought to the attention of the Council.
CHAPTER VIII Financing article 42 operating costs and Funding the activities of the Council, of the Permanent Council and the Council of Youth of the Portuguese Communities are funded through global funds registered annually as own allocation in the budget of the Ministry of Foreign Affairs and distributed pursuant to paragraph (g)) of article 33 CHAPTER IX cooperation with the Council article 43 Duty of cooperation with the Council 28/29 1-the persons responsible for the variety of services dependent on the Portuguese State abroad shall cooperate with the members of the Council in the framework of the competences of this body. 2-members of the Council have a right of access to information on environmentally sound material to the Portuguese community living abroad, with the various services of the Portuguese State, including diplomatic and consular representations, with the exceptions defined in the law on access to documents of the administration. 3-the embassies and consular posts shall provide, where possible, to the various bodies of the Council the use of their premises for suitable actions in your activity. 4-members of the Council may participate in committees of consular posts of the geographical area of the constituency where they are elected.
CHAPTER X transitional and final provisions article 44 Interpretation and integration the provisions of chapter V of this Act must be interpreted and integrated in harmony with the electoral legislation to the Assembly of the Republic.
Article 45 shall be repealed: the set Standard) Law No. 48/96, of 4 September, as amended by law No 21/2002 of 21 August; (b)) the ministerial order No. 103/2003, of 27 January; c) the ministerial order No. 147/2003, of 12 February; d) the ministerial order No. 411/2003 of 5 March.
29/29 transitional provision Article 46 1-the term of Office of the elected councillors under the law No. 48/96, of 4 September, as amended by law No. 21/2002, of August 21, and the Ordinances No. 103/2003, of 27 January, and No 147/2003, of 12 February, will cease with the publication of the official results of the elections to the Council of the Portuguese Communities to provide pursuant to this law. 2-the elections referred to in paragraph 1 and the relevant electoral procedure shall be governed by the provisions laid down in this law.
Article 47 entry into force this law enters into force on 1 January 2007.
Seen and approved by the Council of Ministers of 18 May 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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