Key Benefits:
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PROPOSED LAW NO. 146 /X
Exhibition of Motives
Law No. 53/98 of August 18 established the exercise regime for the exercise of rights of the
personnel of the Maritime Police in effective service, and have enshrined the right to the constitution of
professional associations of national scope for promotion of the correspondents
interests, in the terms of the Constitution and the consignment in that law.
The consecration of the right of association, regulated in those terms, accompanied by a
set of rights and restrictions on its exercise, is now developed by a
legal regime governing its exercise and in which the conditions of
operation of the professional associations of the Maritime Police personnel and the rules
procedural conducive to the determination of the level of representativeness of the associations,
on the election of its representatives in the Council of the Maritime Police.
In this same sense, Article 7 of Law No. 53/98 of August 18 left express
that the exercise of the right of association by the personnel of the Maritime Police would be the subject
of a diploma of their own, which is now intended to regulate.
The procedures arising from the Act No 53/98 of August 18 were observed,
having been heard from the Maritime Police Professional Association of the Maritime Police (ASPPM).
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
General provisions
Article 1.
Object and scope of application
1-A This Law shall have the purpose of regulating the exercise of the right of association by the
personnel of the Maritime Police, in effective service.
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2-The provisions contained in this Law shall apply exclusively to the associations
legally constituted professionals.
Article 2.
Principle of uniqueness of enrolment
It is vehement to the staff of the Maritime Police to enroll in more than one association
professional.
Article 3.
Constitution and regime of professional associations
1-A the constitution of professional associations and the acquisition of legal personality
and of judicial capacity, as well as its management, operation and extinction regime
are regulated by the general law.
2-It is recognized to the professional associations procedural legitimacy for defence of the
rights and collective interests and to the collective defence of rights and interests
individual lawfully protected from their associates in the legally foreseen terms.
3-A The collective defence of the legally protected individual interests provided for in the
previous number do not limit, under any circumstances, the individual autonomy of the associates.
Article 4.
Headquarters
The seat of the professional associations is that the respective by-laws set or, in the absence thereof
of statutory designation, the place in which it normally functions the administration
main.
Article 5.
Communication and advertising
1-Without prejudice to the provisions of Article 168 of the Civil Code, in a period not exceeding
thirty days counted from the date of the constitution of the association, owe their
legal representatives communicate this act, state the identity of the leaders and proceed
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to the deposit of the respective statutes at the General Secretariat of the Ministry of Defence
National.
2-A Secretariat-General of the Ministry of National Defence informs the General Staff of the
Armed of the data referred to in the preceding paragraph.
Article 6.
Start of activity
Professional associations may only carry out the activities provided for in this Law
after the communication of the constitutive act and the publication of the statutes, in the terms
of the previous article.
CHAPTER II
Rights of associations
Article 7.
Representation in the Council of the Maritime Police
1-A representativeness of professional associations in the Police Board
Maritime is determined through electoral process to be compulsorily promoting
three in three years, by the Commander-General of the Maritime Police in the terms of the present
law.
2-In the electoral process they can participate in the professional associations legally
constituted that up to the thirtieth day prior to the date of the publication of the notice of the
performance of the elections, have given compliance with the provisions of Article 5 (1) of the
present law.
3-A representation of professional associations in the Council of the Maritime Police
results from the finding of the results of the electoral process, pursuant to this Law.
4-The elected members of the Council of the Maritime Police initiate and cease the
respective mandates on the immediate day to that of the publication, in order of service of the organ
of Commandos-General of the Maritime Police, of the election results.
5-The elected members of the Council of the Maritime Police who resign from the exercise
of your office or suspending the respective functions are replaced by the alternates who
if they follow them on the ordered list of candidates.
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Article 8.
Representation to the regional command body of the Maritime Police
1-Without prejudice to the powers of representation of the national direction, in the terms
statutaries, each professional association has the right to appoint a representative
together with each regional command body of the Maritime Police.
2-A The designation of the representative is formalised by the leaders of the association
professional through written document delivered at the Command-General's organ of the
Maritime Police, which is to proceed to its publication in order of service of this
body of command within ten days.
3-The mandate of the representatives to which the preceding paragraphs are referred to in the
following situations:
a) When the representative cede to belong to the regional command body for
which has been designated;
b) When the professional association designates a new representative;
c) When the representative does not find himself in the service actuality.
CHAPTER III
Associative activities
Article 9.
General principles
1-The personnel of the Maritime Police may not be harmed or benefited in their
rights and perks by virtue of the exercise of the right of association.
2-The exercise of associative activities by leaders, representatives and associates
of the professional associations is subject to the restrictions on the exercise of rights, in the
legally-anticipated terms.
3-The provisions of this Law and the corresponding exercise of associative activities
cannot affect the normal and regular compliance of the service assignments as well as the
cohesion and discipline within the Maritime Police.
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Article 10.
Conditions of the exercise of the right of meeting
1-Professional associations can promote meetings in the places of work, from
agreement with the following rules:
a) The meetings are convened by the national governing bodies of the association
professional or by their representatives in the regional command bodies;
b) Each professional association can only convene a bimonthly meeting in each
regional command body, which cannot coincide with the normal time and the
regular operation of services;
c) The day, the time and place of the meeting is fixed in advance of five days
relatively to the desired date, between the regional commander and the direction of the
professional association or a your representative, taking into account the needs
and convenience of the service and the availability of the facilities;
d) The convenor of the meeting is advertised in the minimum advance of forty
and eight hours;
e) The professional association that convene the meeting is responsible for the
conservation of the facilities and equipment that have been put to their
provision.
2-Without prejudice to the provisions of the preceding paragraph, professional associations may
promote the holding of weekly meetings, in the regional command bodies, during the
period of thirty days leading up to the date of each election act.
Article 11.
Elections for the governing bodies
1-Professional associations may, as long as they duly authorized, make use of
of the facilities of the Maritime Police's command bodies for the purpose of installation and
operation of the polling stations for the election of their governing bodies.
2-To the electoral acts referred to in the preceding paragraph apply, with the
necessary adaptations, the standards that regulate the exercise of the right of assembly.
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Article 12.
Affixing of documents
1-Professional associations can affix texts, conveners, communications or
any other documents relating to your statutory activities in the organs of
command, units or services of the Maritime Police.
2-The documents referred to in the preceding paragraph are affixed to the sites
previously defined by the respective local commanders and must contain the mention
clear of its origin and the date of affixing.
3-Must be previously handed over to the local commander a copy of the document to
affix.
Article 13.
Service waivers
1-With the exception of the service of scale, the members of the national Directions of the
professional associations and their representatives in the regional command body have,
upon application, right to service dispensation, respectively, of two days and
one day in each month, to deal with matters relating to associative activity.
2-The application is directed, in writing, with the minimum advance of five days
useful, and directed to the respective commander, which he / she shall decide within two days,
not being the accumulative dispensations for the subsequent months.
3-They are still entitled to the dispensation of service:
a) The members of the election commission for the representatives in the Council of the
Maritime Police, while the one shall remain in the exercise of duties;
b) The members of the polling stations on the day on which the electoral act follows;
c) The personnel of the Maritime Police with a right to vote for the time required by their
exercise.
4-A dispensation of service to participate in regularly convened meetings, are
requested, in writing, by the national leaders of the associations or by their
representatives in the regional command body, the respective local commander with the
minimum five day notice, which will decide on the same in forty eight
hours.
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5-The dispensations referred to in paragraphs 1 and 4 of this Article may be refused,
cancelled or disrupted by the local commander whenever the needs of
service the impose.
Article 14.
Participation in study commissions and working groups
1-A participation in study commissions and working groups constituted for
proceed to the analysis of matters of revealing interest to the institution, is requested by the
Commander-General or by the regional commander, respectively, to the governing bodies
of the professional associations or the appointed representatives, competing for these to
designation, from among its members, of the participants.
2-A request referred to in the preceding paragraph shall be made in writing, with
indication of the subject matter of study or the objectives of the working group, well
as the response deadline.
Article 15.
Issuance of opinions
The professional associations, when consulted for the purpose of issuing opinion
on any matters of service, are deemed to be notified at the respective headquarters
direction, by means of written communication, of which the deadline for the issuance must appear
of opinion, which cannot be less than ten days.
Article 16.
Proposals and suggestions
1-The proposals and suggestions of general interest to the Maritime Police can only be
formulated by the national leaders of professional associations and must be
addressed to the Commander-General.
2-The proposals and suggestions of specific interest for each of the organs of
regional command may be formulated by national leaders or by their
appointed representatives and are addressed to the respective regional commander, through the
local commander.
3-The proposals or suggestions made in the terms of the previous figures are
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analyzed in meetings to be promoted at the Maritime Police Command-General's organ and
in the regional command bodies, respectively, on a day, time and place to be released in
order of service, in them may participate in the national leaders of the associations
professionals or the appointed representatives, depending on the cases.
4-Without prejudice to the provisions of the preceding paragraphs, the national leaders or the
appointed representatives may, exceptionally, request meetings
extraordinary, respectively, with the Commander-General or with the commanders
regional, competing for these entities to decide on the date and the holding of the meetings.
CHAPTER IV
Representatives of the professional associations for the Council of the Maritime Police
SECTION I
Principles and electoral capacity
Article 17.
Electoral principles
1-The legally constituted professional associations have the right to present
applications for three seats of elected members on the Council of the Maritime Police.
2-A The election of the representatives of the professional associations for the Council of the
Maritime Police is made by direct, secret and periodic suffrage, being its level of
representativeness determined according to the principle of proportional representation and the
method of the highest average Hondt.
3-Voters may, still, exercise the right to vote by correspondence, in the
terms of Article 34 of this Law.
Article 18.
Electoral capacity
The personnel of the Maritime Police, in the service effectiveness, enjoys electoral capacity
active and passive.
SECTION II
Electoral census
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Article 19.
Organization and updating
1-The electoral census is carried out by the Police Command-General's Office
Maritime and updated in the month prior to the opening of each electoral process, being
guaranteed the participation of a representative of each association.
2-Of the electoral notebooks must appear in the full names of the voters and
respective categories, as well as the organs of command, units or services in which
those to find themselves placed or to perform duties.
Article 20.
Census notebooks
1-Within ten days counted as of the date of publication of the notice to which
refer to Article 26 of this Law shall be affixed, for ten days, at the Command Body-
General of the Maritime Police, the copy of the provisional notebook of the census of all the
voters and in regional and local command bodies, copies of the provisional notebooks
of the census of the voters placed in the respective commands.
2-During that period assists those interested in the faculty of complaining about mistakes,
omissions or undue inscriptions, constants of the census notebooks.
3-The complaints referred to in the preceding paragraph shall be decided by the commission of
elections within forty-eight hours.
4-Definitive census notebooks are arranged and affixed within the period of
five days, after deliberation on the complaints.
SECTION III
Submission of applications
Article 21.
Lists
1-For election of the representatives in the Maritime Police Board each association
professional presents a list with three effective candidates and six alternates.
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2-The lists are presented to the committee of elections until the thirtieth day before the
target date for the holding of the elections.
Article 22.
Formal requirements of applications
1-The lists referred to in the preceding article shall contain the full name, the
professional category and the quality of herd or alternation of each of the applicants.
2-It is mandatory to use the statutory denomination of the professional association
candidate, as well as acronym or symbol by it used.
3-Each professional association designates, from among the voters enrolled in the notebook
electoral, a mandatary with a professional domicile in the Lisbon concelho, who the
represents in the election operations.
Article 23.
Admission of the lists
1-After the delivery of the applications, the election commission checks, at the time of
forty-eight hours, the regularity of the process, the capacity of the associations
candidates and the eligibility of candidates.
2-Checking the existence of procedural irregularities, the mandators of the
lists are immediately notified to, within forty eight hours, proceed
to the respective supply.
3-Constant of the ineligible effective candidate lists, the respective mandators
are notified to proceed to their replacement, within forty eight hours,
under penalty of, failing to do so, your place being occupied by the alternate candidate who if you
follow on the list.
4-Sanadas the irregularities, the chairman of the election commission refers copies of the
lists to the umbrella body of the Maritime Police and the command bodies
regional and local, for the purpose of affixing.
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Article 24.
Sorting of the lists
1-Admitting the lists of candidates, the committee of elections proceeds, within
forty-eight hours and in the presence of the mandators to the effect beforehand
notified, to the draw with a view to their ordinance on the ballot papers.
2-The lists are identified by the statutory denominations and the siglas or
symbols of the candidate associations and constars of the ballot paper by the order
resulting from the draw.
3-Of the act of the draw is washed minutes, in which it shall be compulsorily mentioned to
presence of the members of the election commission and the mandators of the admitted lists,
of the identifiable signals of each and the order resulting from the draw, as well as
the candidate professional associations and the identification of the candidates.
Article 25.
Publication of the lists
The admitted lists, the respective identifiable signs in the ballot papers and the
elements of identification of the candidates, are published in order of service, by the
order resulting from the draw, being affixed, within forty eight hours, on the organ
of Commanding-General of the Maritime Police, in the regional command bodies and in the
local commands.
SECTION IV
Organization of the electoral process
Article 26.
Date of elections
The date for the holding of the elections is set by the Commander-General, with the
minimum in advance of sixty days, and advertised through notice published in
work order, so as to allow the electoral process to be completed and the
results published before the term of the mandates in office.
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Article 27.
Constitution and operation of the election commission
1-A The committee of elections has the following constitution:
a) The 2. Commander-General, who presides;
b) A senior officer assigned by the Commander-in-Chief;
c) An element of the Maritime Police with the category of Inspector or Sub-inspector;
d) A representative of each of the lists.
2-The representatives referred to in point (s) d) of the previous number are assigned, in the
period of five days from the date of the publication of the notice in order of service.
3-The members provided for in the 3 c) and d) of paragraph 1 of this article shall not be
appointed candidates, mandators, delegates or members of the electoral desks.
4-To support the work of the election commission, can its president ask for the
Commander-General the appointment of technicians, without the right to vote.
5-The deliberations of the committee of elections are taken by a majority, avails of the
president of quality voting, in the event of a tie in the vote.
6-A committee of elections works on the Maritime Police's General Command body
and begins its activity on the seventh day subsequent to the date of the publication of the notice to which
mentions the previous article.
Article 28.
Competences of the election commission
The committee of elections competes, specifically:
a) To scrutinise the regularity of the electoral act;
b) Proceed to the final clearance of the vote;
c) Deliberating on the questions concerning the interpretation of standards
regulators of the electoral process and decide on any possible
complaints and resources.
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Article 29.
Electoral litigation
The challenge of the electoral acts follows the rules laid down in the Code of Procedure
in the Administrative Courts.
SECTION V
Assemblies and voting sections
Article 30.
Constitution of the assemblies and voting sections
1-The electoral act stems before assemblies or voting sections.
2-In the governing bodies, units or services in which they are enrolled more than
twenty electives consists of a polling assembly, which will be divided into sections of
vote every time the number of voters is over fifty.
3-Together of the General Command body of the Maritime Police shall constitute a
assembly vote, where they will vote for the voters registered in this command and shall be carried out the
clearance of the votes by correspondence.
4-When the number of registered voters is less than twenty, the vote is made by
correspondence.
5-A The constitution of the assemblies and the voting sections shall be communicated by the
respective body of command to the Commander-General.
6-The map of the assemblies and voting sections is affixed to the Command-General's organ
of the Maritime Police and the regional and local command bodies and published in order
of service, with the minimum advance of ten days regarding the date of the realization
of the elections.
Article 31.
Constitution and operation of tables
1-In each assembly or voting section will be constituted a table that promotes and
runs the election operations.
2-A table consists of five members and your chairmanpower rests with the member more
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old, being the remaining designated by the respective command organ, whenever
possible from between:
a) Voters with the categories of Inspector, Sub-inspector, Chief or Sub-Chief, in
number of two;
b) Two voters, from among the categories of Agent of 1. th, 2 th or from 3 st classes.
3-When there is place to the constitution of voting sections, it shall not constitute the table of the
assembly vote.
4-Whenever in the body of command, unit or service only exists a voter in
any of the categories mentioned in the ( a) of paragraph 2 of this Article, the
remaining members of the table are assigned from among the voters of the categories
mentioned in the point b) of the same number.
5-The President shall designate, from among the members of the table, his / her replacement and the
secretary.
6-A each assembly table or voting section are distributed four copies of the
election notebook concerning the registered voters.
7-At the table of the voting assembly constituted at the Police General Command body
Maritime, four copies of the general census electoral notebook are distributed.
8-For the validity of election operations is required the presence of the Chair of the desk
or of his replacement and a vowel.
9-The deliberations of the table are taken by a majority.
10-From the deliberations of the table it is up to the board of elections, which decides on the
maximum term of forty-eight hours.
Article 32.
Delegates from the lists
1-Each applicant professional association has the right to appoint a delegate to the
assemblies and voting sections, and the appointment may not focus on the members of the
table, mandators or candidates.
2-The delegate shall present himself to the Chair of the table, duly mandated
by the direction of the professional association representing.
3-The delegate enjoys the faculty of:
a) Be heard on all questions regarding the electoral act that are said to be
during the operation of the assembly or of the respective voting section;
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b) Follow up the acts practiced by the table, presenting complaints that are
lavished on minutes;
c) Sign up for the minutes and too much documentation subscribed by the remaining members of the
assembly or vote section.
SECTION VI
Regime of the vote
Article 33.
Time of the vote
1-The ballot box open at nine o'clock and waxed at fifteen o'clock on the day of the
voting.
2-Before the start of the vote, the president, before the remaining members of the table of the
assembly or the voting section displays the ballot box in order that everyone can make sure of
that this one finds itself empty.
Article 34.
Vote by correspondence
1-The mail-order vote is permitted in the following circumstances:
a) When, on election day, voters predict not to meet at the headquarters of the
concelho where the body of command, unit or service where they are located
census;
b) No voting assembly has been constituted in the body of command, unit
or service in which the voters meet censuses.
2-Voters who wish to exercise their right to vote by correspondence,
must raise the respective ballot papers in the command bodies where if
find censuses, in the period between the tenth and the fifth days
previous to the date of the elections.
3-The respective governing body shall carry out the registration of the electors proceeding to the
surveying the votes under the preceding paragraph, which is subsequently
referred to the umbrella body of the Maritime Police.
4-A correspondence voting processes in accordance with the following rules:
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a) The voter lends the ballot paper in a white envelope, without any
exterior inscriptions, which will be properly closed;
b) The envelope referred to in the preceding paragraph is addressed to the Chair of the desk of the
assembly of vote of the General Command body of the Maritime Police, through
priority mail, registered, with notice of receipt;
c) The mail-order votes are remitted from the fifth day prior to the
conduct of the election, only counting for the clearance of the results the
received up to the time of the closing of the ballot boxes;
d) At the General Command body of the Maritime Police is organised a record of
entry of the envelope received, from which the registration number of the
post office.
5-The record referred to in paragraph 3, accompanied by the envelopes referred to in
point ( c) from the previous number, are delivered, on the day of the elections, to the president of the table
of the voting assembly constituted in the umbrella body of the Maritime Police.
Article 35.
Bulletins of vote
1-Vote bulletins are printed on white paper, smooth, non-transparent nor
translucent and have rectangular shape, with appropriate dimensions by way in them
caber, by the order resulting from the draw, the indication of the statutory denominations,
siglas and symbols of the professional associations competing with the electoral act, and, ahead
of these, in the same line, a blank squared, intended for voting.
2-A voting consists of the inscription, by the voter, of a cross in the square
corresponding to the association in which it intends to vote.
3-The General Command body of the Maritime Police refers the ballot papers to the
command organs, units or services where the assemblies will be installed or
voting sections, at a number of more than one third to that of registered voters, up to the
tenth day prior to the date set for the holding of the elections.
4-On the day of the elections, the ballot papers are delivered, up to eight hours and thirty
minutes, by the respective hierarchical superior to the chairs of the tables of the assemblies
and voting sections.
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Article 36.
Order of voting
1-At the time of voting, the voter identifies himself, handing over to the president of the table
of the assembly or of the voting section the identity card of the Maritime Police,
announcing this, out loud, the name and category of the voter.
2-In the lack of an identity card of the Maritime Police, the voter identification does-
whether by means of any other official document containing up-to-date photography or
still by unanimous recognition of the members of the table.
3-Verified the inscription in the census notebook, is delivered to the voter a
ballot paper, in which, after having it withdrawn to the voting chamber, sign up a cross
in the square corresponding to the chosen association.
4-The voter doubles the bulletin in four and delivers it to the president of the table, which the
introduces in the urn while the scrutinators unload the voting by initiating the notebook
of census on the line corresponding to the name of the voter.
5-At the polling assembly of the General Command body of the Maritime Police, finishes the
presential voting, starts the match vote, which obeys the following
rules:
a) One of the members of the table opens the envelopes received by the mail, removes the
photocopy of the voter's Maritime Police identity card and the envelope
with the vote, reading, aloud, the name of the voter;
b) Another of the members of the table checks the voter's inscription in the notebook of
census and whether this is listed in the nominal ratio and the entry register to which
refer to, respectively, paragraph 3 and (a) d) of Article 34 (4);
c) Then the envelope with the vote is handed over to the president of the table of the
assembly vote, which, without opening it, introduces it in the ballot box, following the
procedures laid down in the final part of paragraph 4 of this Article.
Article 37.
Doubts and complaints
1-The registered voters and the delegates of the lists may raise doubts and present,
in writing, complaints, which should be washed in minutes.
2-The doubts or claims presented in the terms of the previous number are
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decided, immediately, by the table of the assembly or the voting section, as long as it does not
affect the normal course of the vote, when they are taken after the closure of the
urns.
3-Of the deliberations referred to in the preceding paragraph or of the lack of decision in time
useful fit for the election commission, the intercom to the end of the counting of the
votes.
SECTION VII
Clearance of results
Article 38.
Counting of voting and voting bulletins
1-Ended the vote, the chair of the table determines the counting of the voters
by the discharges made in the electoral notebooks.
2-Completed the count, are open the urns in order to confer the number of bulletins
and of entrenched overenvelopes.
3-Havendo divergence between the number of voters determined in the terms of paragraph 1
and the number of the bulletins and envelopes entrenched in the urn, prevails this for the purpose of
clearance of the results.
Article 39.
Counting of votes
1-One of the members of the table opens the envelopes, one by one, announcing, in a loud voice, the
association voted on, mentioning the respective statutory denomination, at the same time
that another member of the bureau records, on a leaf of its own, the votes assigned to each
association, the blank votes and the void votes.
2-Are taken as blank votes the bulletins that do not contain any
inscription and nulls those who present themselves cut, shredded or contain any
enrollment beyond the cross in the square corresponding to the voted association.
3-The ballot papers are examined and displayed by the Chair of the table, which the
wraps in separate batches, divided by each of the associations, by votes in
white and by void votes.
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4-Terminated these operations, the president of the table proceeds to the contrapprove of the
counting of votes recorded on the leaves through the counting of the bulletins of each
of the lots.
5-The voting bulletins object to claim are closed in an envelope of their own,
initialed by the president, with identification abroad of the matter to which he respects.
Article 40.
Minutes of the assemblies and the voting sections
1-Compete to the secretary of the table of the assembly or vote section draw up the minutes of the
voting operations and counting of votes.
2-Of the minutes shall appear:
a) The names of the members of the table and of the delegates of the professional associations;
b) The time for opening and closing of the ballot box as well as the identification of the
place where the assembly or voting section worked;
c) The deliberations of the table;
d) The total number of voters;
e) The number of votes obtained by each association;
f) The number of blank votes;
g) The number of void votes;
h) The number of votes subject to claim;
i) The complaints;
j) The resources;
l) Any other relevant facts.
3-A minutes shall be signed by the members of the table and by the delegates of the associations
professionals.
Article 41.
Communication and publication of the results
1-Completed the operations referred to in the previous article, the chairman of the table of
assembly or of the voting section communicates to the committee of elections, immediately and by
written, the elements to which the points are referred d) a h) of paragraph 2 of the previous article.
2-Thereafter, on the basis of the elements referred to in the preceding paragraph, shall
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drawn up the edital, which, after signed by the president, is affixed to local
own from the facilities of the command organ, unit or service.
Article 42.
Submission and reception of documents
1-The chair of the assembly desk or vote section, within twenty four
hours after the upsetting of the editations referred to in paragraph 2 of the preceding article, sends to the committee
of elections, in separate envelopes, the following documents:
a) The minutes and too many documents relating to the vote;
b) The voting bulletins considered void;
c) The voting bulletins in white;
d) The voting bulletins referred to in Article 39 (5);
e) The votes obtained by each of the associations.
2-A Election commission shall draw up, soon after the respective delivery, a self-
receipt of the documents referred to in the preceding paragraph.
Article 43.
Final clearance
1-A committee of elections, upon receipt of the documents referred to in paragraph 1 of the
previous article, gathers to deliberate on the complaints and resources, relatively to the
which has not yet spoken.
2-Thereafter, the committee of elections appreciates the votes of appeal or of
complaint, acting on which of which are to be considered validly expressed,
whites or nulls.
3-A committee of elections, based on the constant elements of the minutes and the rest
elements available, and taking into account the deliberations taken in the terms of the n.
and 2, deliberates on the final results, fixing in particular:
a) The total number of voters;
b) The total number of votes obtained by each association;
c) The total number of blank votes;
d) The total number of void votes.
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Article 44.
Allocation of seats in the Council of the Maritime Police
1-Apurred the results, the number of votes obtained by each association is divided
successively by 1, 2 and 3, being the coefficients aligned by descending order of the
his greatness in a series of three terms.
2-The mandates fit the lists of the associations to which they correspond to the terms of the
series established in the previous number, receiving each of the lists so many mandates
how many of your terms in the series.
3-In the case of, in the series of three terms, if they register equal terms, the mandate is up to
association that has achieved greater number of votes.
4-Within each list, the mandates are conferred on the candidates by the order of
precedence indicated in the respective list.
5-In the event of death or disease that determines physical or psychic impossibility of the
candidate, or in the case of fact-checking that determines incompatibility, the
mandate is conferred on the candidate who immediately follows on the list.
Article 45.
Minutes and publication of the results
1-Completed the operations referred to in Articles 43 and 44 of this Law, the
committee of elections draws up a minutes to be signed by its members, of which
must appear in the following elements:
a) The deliberations and figures ascertained in accordance with Article 43 (3);
b) The distribution of the mandates, determined in accordance with Article 44.
2-The chairman of the election commission, within twenty four hours after the
elaboration of the minutes as referred to in the preceding paragraph, sends copy of the same to the
Commander-General of the Maritime Police, and this shall, in the same time, determine the
publication in order of service of the final results.
CHAPTER V
Transitional and final provisions
22
Article 46.
First electoral process
1-In the first elections of the representatives of the professional associations for the
Maritime Police board may run for professional associations legally
constituted, which have complied with the provisions of Article 5 (1) on the deadline
of sixty days after the entry into force of this Law.
2-In the thirty days after the expiry of the period referred to in the preceding paragraph, it is
officiously organized the census of the voters, in accordance with the
provisions of Articles 19 and 20.
3-Decoration of the time limits provided for in the preceding paragraphs, the date of the elections shall be fixed
by the Commander-in-Chief of the Maritime Police and advertised in order of service,
owing the electoral process to be completed and the respective results published in the
term of one hundred and eighty days after the entry into force of this Law.
Article 47.
Counting of deadlines
The counting of the time limits provided for in this Law shall be carried out in obedience to the rule of
continuity provided for in civil law.
Seen and approved in Council of Ministers of May 10, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs