1 PROPOSAL of law No. 146/X explanatory memorandum to the law No. 53/98, of 18 August, established the regime of exercise of rights of maritime police in effective service, and enshrined the right to form professional associations nationwide to promote the corresponding interests, in accordance with the Constitution and enshrined in that law. The consecration of the right to organise, regulated in those terms, accompanied by a set of rights and restrictions on your exercise, it is now developed by a legal regime governing the exercise, in which your are established operating conditions of the professional associations of maritime policy and procedural rules leading to the determination of the level of representativeness of associations When it comes to the election of their representatives on the Board of the maritime police. In this same sense, article 7 of law No 53/98, of 18 August left expressed that the exercise of the right of Association by the marine police would be subject to own diploma, now if you want to adjust. The procedures were observed resulting from law No 53/98, of 18 August, having been heard the socio-professional Association of marine police (ASPPM). 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 General provisions article 1 subject matter and scope 1 — this law is to regulate the exercise of the right of Association by the marine police, in actual service. 2 2 — the provisions contained in this Act apply exclusively to professional associations legally constituted.
Article 2 principle of exclusivity is sealed to the staff of the maritime police registration in more than one Professional Association.
Article 3 Establishment and professional associations 1 regime — the establishment of professional associations and the acquisition of legal personality and legal capacity, as well as your system for the management, operation and extinction are regulated by the general law. 2 — is recognized professional associations procedural legitimacy for defence of collective rights and interests and for the collective defence of the legally protected rights and individual interests of its members in accordance with legally prescribed. 3 — the collective defence of the legally protected individual interests referred to in the preceding paragraph does not limit in any way the individual autonomy of members.
Article 4 Headquarters the headquarters of the professional associations is that their statutes establishing or, in the absence of statutory designation, the place where normally main administration works.
Article 5 communication and publicity 1 — Without prejudice to article 168 of the Civil Code, in term of not more than thirty days from the date of incorporation of the Association, should their legal representatives communicate this Act, indicate the identity of Directors and 3 to the deposit of the statutes on the General Secretariat of the Ministry of national defence. 2 — the Secretariat-General of the Ministry of national defense reports on the General staff of the Navy of the data referred to in the preceding paragraph.
Article 6 start up professional associations may only carry out the activities provided for in this law after communication of the instrument of incorporation and the publication of the statutes, in accordance with the previous article.
CHAPTER II rights of associations article 7 representation on the Board of the marine police 1 — the representativeness of professional associations on the Board of the marine police is determined through the electoral process to promote compulsory every three years, by the General Commander of the marine police in accordance with the provisions of this law. 2 — in the electoral process may join legally constituted professional associations which, until the 30th day prior to the date of publication of the notice of the holding of elections, have complied with the provisions of paragraph 1 of article 5 of this law. 3 — professional associations representation on the Board of the marine police is the result of the establishment of the results of the electoral process, in accordance with this law. 4 — the elected members of the Council of the marine police launch and cease their mandates on the day of publication, in order of the General command of the marine police, of the election results. 5 — the elected members of the Council of the marine police to renounce the exercise of your cargo or suspend the respective functions are replaced by alternates if they follow in the ordered list of candidates. 4 Article 8 representation of the Maritime Police regional command 1 — Without prejudice to the powers of representation of the National Directorate, in accordance with statutory, each Professional Association has the right to designate a representative to each organ of the police regional command. 2 — the appointment of the representative is formalized by the leaders of the professional association by written document delivered to the control of the marine police, which must proceed to your publication in order to control this service within ten days. 3 — the term of Office of the representatives referred to in the preceding paragraphs shall cease in the following situations: a) When the representative ceases to belong to the regional command for which the body was designated; (b)) When the Professional Association designate a new representative; c) When the representative is not in service effectiveness.
CHAPTER III associative Activities article 9 General principles 1 — Maritime Police personnel cannot be harmed or benefited in their rights and benefits as a result of the exercise of the right of Association. 2 — the associative activities for leaders, representatives and members of professional associations is subject to the restrictions on the exercise of the rights, in accordance with legally prescribed. 3 — the provisions of this law and the corresponding associative activities cannot affect the normal and regular fulfilment of service missions as well as the cohesion and discipline within the maritime police.
5 article 10 Conditions of exercising the right of Assembly 1 — professional associations can promote workplace meetings, according to the following rules: a) the meetings shall be convened by the national professional association leaders or their representatives in the bodies of regional command; b) Each professional association can only summon a bimonthly meeting in every organ of regional command, which may not coincide with the normal and regular operation of the services; (c)) the day, time and place of the meeting is fixed at five days prior to the date you want, between the regional commander and the direction of the professional association or your representative, having regard to the needs and convenience of the service, and the availability of the facilities; d) the convening of the meeting is publicized with the minimum antecedence of 48 hours; and professional association) convening the meeting is responsible for the maintenance of facilities and equipment that have been placed at your disposal. 2 — Without prejudice to the provisions of the preceding paragraph, professional associations can promote the holding of weekly meetings, the regional command, during the period of thirty days before the date of each election.
Article 11 elections to the governing bodies 1 — professional associations may, duly authorized, make use of the facilities of the marine police for the purpose of installation and operation of polling for the election of its governing bodies. 2 — The elections referred to in the preceding paragraph shall apply, mutatis mutandis, the rules governing the exercise of the right of Assembly.
6 article 12 Pricing 1 document — professional associations can post texts, calls, communications or any other documents concerning their statutory activities in control devices, units or police services. 2 — the documents referred to in the preceding paragraph are displayed in pre-established locations by their local commanders and should be marked your light source and the date of posting. 3 — Must first be delivered to the local commander a copy of the post.
Article 13 Layoffs of service
1 — with the exception of the service, members of the National Directorate of professional associations and their representatives in the regional command organ have, upon request, are entitled to exemption from service, respectively, of two days and one day each month, to deal with matters relating to the associative activity. 2 — the application is directed, in writing, at least five working days, and directed to its commander, which must decide within two days, not layoffs cumulative for the months following. 3 — have the right to exemption from service: a) the members of the Commission of elections for representatives in the Council of the marine police, while one remains in Office; b) the members of polling on the day that the Electoral Act; c) Maritime Police personnel with voting rights as long as necessary to your exercise. 4 — the exemption from service to participate in regularly convened meetings, are requested, in writing, by the national leaders of associations or their representatives at the regional command organ, the local commander at least five days, which shall decide on it in 48 hours. 7 5 — The waivers referred to in paragraphs 1 and 4 of this article may be refused, cancelled or interrupted by the local commander whenever the needs of the service require.
Article 14 Participation in study committees and working parties 1 — participation in study committees and working groups formed to undertake the analysis of issues of interest to the revelant institution, is requested by the commanding general or by the regional commander, respectively, to the governing bodies of professional associations or designated representatives, competing them the designation, from among its members , of the participants. 2 — the request referred to in the preceding paragraph is made in writing, with an indication of the subject studied or the objectives of the Working Group, as well as the time-limit for reply.
Article 15 issuance of opinions, when consulted professional associations for the purpose of issuing an opinion on any service matters, reported at the headquarters of the Directorate, by means of written communication, which shall indicate the deadline for the issuance of the opinion, which may not be less than ten days.
Article 16 proposals and suggestions 1 — the proposals and suggestions of general interest to the marine police can only be formulated by national leaders of professional associations and should be directed to the General Commander. 2 — the proposals and suggestions of particular interest to each of the regional command can be formulated by national leaders or their designated representatives and are directed to the respective regional commander, through the local commander. 3 — the proposals or suggestions made in accordance with the preceding paragraphs are analyzed in 8 meetings to promote the General command of the marine police and organs of regional command, respectively, in day, hour and place to disclose on the service order, and may participate in the national leadership of professional associations or designated representatives, as appropriate. 4 — without prejudice to the preceding paragraphs, the national leaders or designated representatives may, in exceptional cases, request special meetings, respectively, with the Commander-General or with regional commanders, racing these bodies decide on the date and the completion of the meetings.
CHAPTER IV representatives of professional associations for the Council of marine police section I principles and electoral capacity article 17 electoral Principles 1 — legally constituted professional associations have the right to submit nominations for three places of members elected to the Council of marine police. 2 — the election of the representatives of professional associations for the Council of the marine police is made by direct, secret and periodic, and your level of representation determined in accordance with the principle of proportional representation and the highest average method d'Hondt method. 3 — voters can also exercise the right to vote by correspondence, in accordance with article 34 of this law.
Article 18 electoral staff Capacity of the marine police, the effectiveness of service, enjoys active and passive electoral capacity.
SECTION II 9 Article 19 voter registration organization and update 1 — the voter registration is carried out by the General command of the marine police and updated in the month before the opening of each electoral process, being guaranteed the participation of a representative from each association. 2 — The electoral roll must contain the full names of voters and their categories, as well as the control devices, units or services those find themselves placed or to perform functions.
Article 20 1 census notebooks — within ten days from the date of publication of the notice referred to in article 26 of this law are posted for ten days, the General command of the marine police, a copy of the provisional census book of all voters and in the bodies of regional and local command the copies of the provisional voter registration notebooks placed on their commands. 2 — during that period of interested college to complain of errors, omissions or improper registrations, listed in schedules of census. 3 — The complaints referred to in the preceding paragraph shall be decided by the Election Commission within 48 hours. 4 — The definitive census books are organized and posted within five days, after ruling on the complaints.
SECTION III nominations article 21 1 — Lists For election of representatives to the Council of marine police each Professional Association presents a list with three candidates and six alternates. 10 2 — the lists are submitted to the Commission of elections until the 30th day prior to the date set for the elections.
Article 22a formal requirements of applications 1 — the lists referred to in the preceding article shall contain the full name, professional category and the actual quality or alternate for each of the candidates. 2 — is the use of the name Office of the Professional Association candidate, as well as of acronym or symbol because she used. 3 — Each professional association shall designate, from among the registered voters on the electoral roll, an agent with professional domicile in the municipality of Lisbon, that represents the electoral operations.
Article 23 acceptance of lists 1 — after delivery of the applications, the Commission of elections verifies, within 48 hours, the regularity of the process, the ability of candidates and the eligibility of candidates. 2 — Checking the existence of procedural irregularities, the representatives of the lists are immediately notified to, within 48 hours, carry out their supply. 3 — Consisting of the actual candidates ineligible lists, their representatives are notified to carry out to your replacement, within 48 hours, otherwise not, your place is occupied by the substitute candidate that next on the list. 4 — Remedied the deficiencies, the President of the Commission of election refers to the lists copies of General command of the marine police and bodies of regional and local command, for the purposes of display.
11 article 24 Draw 1 lists — Accepted the lists of candidates, the Election Commission shall, within 48 hours and in the presence of representatives for that purpose previously notified, the draw with a view to ordination in your ballot papers. 2 — the lists are designated by statutory designations and abbreviations or symbols of associations and candidates will appear on the ballot for the resulting order of the draw. 3 — the Act of drawing is drawn up in the minutes, which shall, obligatorily, the presence of members of the Election Committee and the Trustees of the lists of permitted signs each identifiers and the resulting order of the draw, as well as professional associations candidates and the identification of candidates.
Article 25 Publication lists lists accepted, their signs in identifiers ballot papers and identification of candidates, are published in order of service, the resulting order of the draw, being posted, within 48 hours, the General command of the marine police, regional command organs and local commands.
SECTION IV Organization of the electoral process article 26 the election Date the date for the elections is set by the General Commander, at least 60 days, and advertised through a notice published on the service order, so that the electoral process is completed and the results published before the expiry of the mandates.
12 article 27 setting up and operation of the Commission of elections
1 — the Election Commission has the following Constitution: a) the 2 General Commander, who chairs; (b)) A senior officer designated by the Commander in Chief; c) an element of marine police with the rank of Inspector or Sub-inspector; d) one representative from each of the lists. 2 — the representatives referred to in subparagraph (d)) of the preceding paragraph shall be appointed within five days from the date of publication of the notice in the service order. 3 — the members referred to in (c)) and d) of paragraph 1 of this article cannot be nominated candidates, representatives, delegates or members of the electoral tables. 4 — to support the work of the Commission of elections, can the President your request the Commander-General the appointment of experts, without the right to vote. 5 — the deliberations of the Commission on elections are taken by majority vote, with the President of the casting vote in the event of a tie in the voting. 6 — the Election Commission works on the control of marine police and initiates your activity on the seventh day after the date of publication of the notice referred to in the previous article.
Article 28 competence of Election Commission the Commission of elections, in particular: the compete) to monitor the regularity of the election; b) Proceed to the final clearance of the vote; c) deliberate on matters relating to the interpretation of the regulatory norms of the electoral process and to decide on any complaints and appeals.
13 article 29 electoral Litigation challenging the election follows the rules laid down in the code of procedure in administrative courts.
Section V assemblies and polling stations article 30 Constitution of the assemblies and polling stations 1 — election takes place before meetings or polling stations. 2 — In control devices, units or services you are enrolled more than twenty electors shall consist of a polling station, which will be divided into polling stations where the number of voters is greater than 50. 3 — with the control of marine police will be a polling station where voters registered to vote in this command and will be the establishment of the votes by correspondence. 4 — When the number of registered voters is less than 20, voting is done by mail. 5 — the Constitution of the assemblies and of the polling stations is communicated by the respective control to Commander-General. 6 — the map of meetings and polling stations is posted at control-General of marine police and in the bodies of regional and local command and published in the service order, at least ten days prior to the date of the elections.
Article 31 the Constitution and operation of tables 1 — In each House or polling station shall be a Bureau that promotes and directs the electoral operations. 2 — the table is composed of five members, and your Presidency rests with the 14 former member, the remaining designated by the respective control, whenever possible from among: a) Voters with the categories of Inspector, Sub-inspector, Chief or Deputy Chief, two in number; b) Two electors, among the categories of Agent of 1st, 2nd or 3rd classes. 3 — When there is no place for the formation of polling stations, does not constitute the polling station. 4 — whenever the control unit or service only an elector in any of the categories mentioned in point (a)) of paragraph 2 of this article, the remaining members of the Bureau are appointed from among the voters of the categories mentioned in point (b)) of the same paragraph. 5 — the President shall appoint, from among the members of the Bureau, your substitute and Secretary. 6 — each table in the House or polling station are distributed four copies of the electoral roll for the registered voters. 7 — on the table of the polling station set up in the control of marine police, are distributed four copies of the electoral roll of general census. 8 — For the validity of the electoral operations is required the presence of the Chairman of the Board or your surrogate and a vowel. 9 — the deliberations of the Bureau shall be taken by a majority. 10 — the deliberations of the table appeal to the Election Commission, which shall decide within 48 hours.
Article 32 1 lists Delegates — Each Professional Association candidate has the right to designate a delegate at meetings and polling stations, the appointment may not relate to the members of the Bureau, representatives or candidates. 2 — the delegate shall submit to the Chairman of the Board, duly mandated by the Board of the professional association that represents. 3 — the delegate enjoys the Faculty of: a) to be heard in all matters relating to the election act that give rise to during operation of the Assembly or of the respective polling station; 15 b) Accompany the acts done by the Bureau, showing that complaints are recorded in the minutes; c) Sign the minutes and other documentation signed by the other members of the Assembly or polling station.
SECTION VI article 33 vote Hours Regime of vote 1 — The voting polls open at 9:00 and close at 15:00 on the day of the vote. 2 — before the start of the vote, the President, before the other members of the Bureau of the Assembly or the polling station displays the URN so that everyone can make sure it is empty.
Article 34 voting by correspondence 1 — voting by mail is allowed under the following circumstances:) When, on election day, voters provide not in the municipality where the control unit or service where are recorded; (b)) has not been constituted within the polling place command, unit or service in which voters are registered to vote. 2 — voters who wish to exercise your right to vote by correspondence, should raise their ballot papers in command organs where they are recorded in the period between the tenth and the fifth day prior to the date of the elections. 3 — the respective command performs the registration of voters which survey of votes pursuant to the preceding paragraph, which is subsequently shipped to the General command of the maritime police. 4 — voting by correspondence takes place according to the following rules: 16 a) terminating the voter ballot in a white envelope, with no exterior markings, which will be duly closed; b) the envelope referred to in the preceding paragraph is addressed to the Chairman of the polling station of the General command of the marine police, via priority mail, registered with acknowledgement of receipt; c) The votes by correspondence are directed from the fifth day before the election, just counting for the clearance of the results received up to the time of the closure of polls to vote; d) In control of the marine police is organized a registration envelope input received, which must bear the registration number of the post office. 5 — the register referred to in paragraph 3, accompanied by the envelopes referred to in point (c)) of the preceding paragraph, are delivered, on election day, the Chairman of the polling station set up in the control of the maritime police.
Article 35 1 ballot papers — ballot papers are printed on white paper, smooth, non-transparent or translucent and are rectangular, with appropriate dimensions in order to fit them for the resulting order of the draw, the indication of the statutory designations, abbreviations and symbols of the professional associations to election competitors and, in front of these, on the same line, a blank square for the vote. 2 — the vote is on voter registration, a cross in the corresponding square to the Association in which it intends to vote. 3 — the General command of the maritime policy refers the ballot papers to control devices, units or services where they will be installed the assemblies or polling stations, in higher number in one-third of registered voters until the tenth day before the date fixed for the holding of elections. 4 — on election day, the ballot papers are delivered, up to 8 hours and 30 minutes, by their superior to the Presidents of the assemblies and polling stations.
17 article 36 voting Order
1 — at the time of voting, the voter is identified, giving the President of the Bureau of the Assembly or the polling station the ID of the marine police, announcing this, out loud, the name and the category of the voter. 2 — in the absence of identity card of the marine police, the voter identification is made by means of any other official document containing updated photography or by unanimous recognition of the members of the Bureau. 3 — Verified the registration in the register, is delivered to the elector a ballot, in which, after having retreated to the Chamber to vote, sign a cross on the square corresponding to the chosen Association. 4 — the voter folds the bulletin into four and give it to the Chairman of the Board, that introduces the URN while tellers discharge vote initialing the census on the line corresponding to the name of the voter. 5 — In polling of the General command of the marine police, after voting in person begins to vote by correspondence, which obeys the following rules: a) one of the members of the Bureau opens the envelopes received by mail, remove the photocopy of the identity card of the marine police of the voter and the voting envelope, reading, aloud, the name of the elector; (b)) other members of the Bureau checks the voter registration in the Census and if this in the nominal ratio and of the receiving register referred to, respectively, paragraph 3 and subparagraph (d)) of paragraph 4 of article 34; (c)), the envelope with the vote is given to the Chairman of the polling station, which, without the open, introduces in the URN, following the procedures laid down in the final part of paragraph 4 of this article.
Article 37 questions and complaints 1 — registered voters and delegates of the lists may raise doubts and submit complaints in writing, which shall be recorded in the minutes. 2 — the doubts or complaints submitted under the preceding paragraph are 18 decided, immediately, by the Bureau of the Assembly or of the polling station, since they do not affect the normal course of the vote, taken after the closure of polls. 3 — the resolutions referred to in the preceding paragraph or the lack of timely decision appeal to the Commission of elections, the appeal by the end of the counting of votes.
SECTION VII clearance of results article 38 count of voters and ballot papers 1 — Closed the vote, the Chairman shall determine the voting by discharges carried out on the electoral roll. 2 — Complete the count, the ballot boxes are opened in order to check the number of ballot papers and envelopes received. 3 — going on differences between the number of voters determined in accordance with paragraph 1 and the number of ballots and envelopes received in the URN, prevails this for the purpose of establishment of the results.
Article 39 counting of votes 1 — one of the members of the Bureau opens the envelopes, one by one, announcing, in a loud voice, the Association voted, citing their statutory designation, while another Member of the Bureau notes, in its own foil the votes assigned to each association, the blank votes and spoilt ballot papers. 2 — are considered votes blank ballot papers which do not contain any null entry and those that are cut, erased or contain any inscription beyond the cross on the square corresponding to the Association voted. 3 — ballot papers are examined and displayed by the Chairman of the Board, that the groups in separate batches, divided by each of the associations, by blank votes and spoilt ballot papers. 19 4 — Completed these operations, the Chair shall rebuttal of the count of votes recorded in the leaves through the counting of ballot papers for each of the lots. 5 — ballot papers subject of complaint are terminated in envelope initialled by the President himself, with identification outside the matter concerned.
Article 40 minutes of general meetings and of the polling stations 1 — it is the Secretary of the Bureau of the Assembly or polling station to draw up the minutes of the voting and counting of votes. 2 — the minutes shall include: a) the names of the members of the Bureau and of the delegates from the professional associations; (b)) the opening and closing time of polls, as well as the identification of the place where it worked the Assembly or polling station; c) the deliberations of the Bureau; d) the total number of voters; and) the number of votes obtained by each association; f) the number of blank votes; g) the number of spoilt ballot papers; h) the number of votes the subject of complaint; I) complaints; j) resources; l) Any other relevant facts. 3 — the minutes shall be signed by the members of the Bureau and by the delegates of the professional associations.
Article 41 communication and publication of results 1 — Completed the operations referred to in the previous article, the Chairman of the House or the polling station shall communicate to the Commission of elections, immediately and in writing, the elements referred to in subparagraphs (a) (d)) h) of paragraph 2 of the preceding article. 2 — Then, based on the elements referred to in the preceding paragraph, is 20 the edict, which, once signed by the President, is posted in place of the control unit or service.
Article 42 sending and receipt of documents 1 — the Chairman of the House or polling station within 24 hours after the posting of notices to that referred to in paragraph 2 of the preceding article, send to the Commission, in separate envelopes, the following documents: a) the minutes and other documents relating to the vote; b) ballot papers considered null; c) ballot papers blank; d) ballot papers referred to in paragraph 5 of article 39; and) The votes cast for each of the associations. 2 — the Commission must draw up elections, shortly after its delivery, an auto of receipt of the documents referred to in the preceding paragraph.
Article 43 final Clearance 1 — the Commission of elections, upon receipt of the documents referred to in paragraph 1 of the preceding article, meets to decide on complaints and appeals, for which has not yet pronounced. 2 — the Commission of elections enjoy the votes appealed or complaint, acting which ones should be considered validly cast, white or null. 3 — the Commission of elections, based on the elements contained in the reports and other available evidence, and taking into account the decisions taken pursuant to paragraphs 1 and 2, shall act on the final results, including: a) the total number of voters; (b)) the total number of votes cast for each association; c) the total number of blank votes; d) the total number of spoilt ballot papers.
Article 44 allocation of 21 seats in the Council of marine police 1 — Calculated the results, the number of votes obtained by each association is divided successively by 1, 2 and 3, being aligned coefficients in descending order of your greatness in a series of three terms. 2 — mandates fit to lists of associations that satisfy the terms of the series established in the preceding paragraph, receiving each of the lists as many mandates as their terms in the series. 3 — in the case of, in the series of three terms, make equal terms, the term of Office shall be borne by the Association which has obtained the highest number of votes. 4 — within each list, the mandates are given to candidates in the order of precedence indicated in the respective list. 5 — In case of death or illness to determine physical or mental inability of the applicant, or in the case of verification of fact to determine the incompatibility mandate is given to the candidate that immediately follows the list.
Article 45 minutes and publication of results 1 — Completed the operations referred to in articles 43 and 44 of this law, the Election Commission shall draw up the minutes to be signed by its members, which shall contain the following elements: a) the deliberations and the numbers calculated in accordance with paragraph 3 of article 43; b) the distribution of mandates, determined in accordance with article 44 2 — the President of the Commission of elections, within 24 hours after the preparation of the minutes referred to in the preceding paragraph, sends copy of the same to the General Commander of the marine police, and this, in the same period, determine the service order publication of the final results.
Chapter V transitional and final provisions article 46 22 First electoral process 1 — in the first elections of the representatives of professional associations for the Council of the marine police can compete legally constituted professional associations which have complied with the provisions of paragraph 1 of article 5, within 60 days after the entry into force of this law. 2 — within 30 days after the expiry of the period referred to in the preceding paragraph, is unofficially organized the Census of voters, in accordance with the provisions of articles 19 and 20 3 — After the time limit laid down in the preceding paragraphs, the date of the election shall be fixed by the General Commander of the marine police and publicized in the service order, and the electoral process be completed and its results published within 180 days after the entry into force of this law.
Article 47 time limits count
The count 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 by the Council of Ministers of May 2007 10 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency