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Status Of The Representative Of The Republic In The Autonomous Regions Of The Azores And Madeira

Original Language Title: Estatuto do Representante da República nas Regiões Autónomas dos Açores e da Madeira

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Draft Law No 405 /X

STATUS OF THE REPRESENTATIVE OF THE REPUBLIC IN THE REGIONS

AUTONOMOUS OF THE AZORES AND THE WOOD

Exhibition of Motives

The Constitutional Law No. 1/2004 of July 24 in the framework of consolidation and

enhancement of insular democratic autonomy, created the post of Representative

of the Republic in the Autonomous Regions of the Azores and Madeira, named by the

President of the Republic, extinguishing the previous posts of Ministers of the

Republic.

The new figure of Representative of the Republic takes on a legal nature-

diverse constitutional from that of their predecessors, so it matters

overturn to proceed to an institutional clarification of the post,

defining the rules of their exercise, their competences and the regime of

responsibilities, rights and obligations on which to govern.

So, in the applicable constitutional and regimental terms, the Deputies

below signed present the following draft law:

Article 1º

(Subject)

The Republic is represented in each of the autonomous regions by a

Representative of the Republic, whose status is set out in this Law.

Article 2º

(Appointment, exoneration mandate and replacement)

1. The Representative of the Republic shall be appointed and exonerated by the

President of the Republic, heard the Government.

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2. Save the case of exoneration, the mandate of the Representative of the

Republic has the duration of the term of office of the President of the Republic and

ends with the inauguration of the new Representative of the Republic.

3. In the event of a vacancy of the office, as well as in its absences and

impediments, the Representative of the Republic is replaced by the

President of the Legislative Assembly.

Article 3º

(Political Responsibility)

The Representative of the Republic shall be responsible to the President of the

Republic.

Article 4º

(Competences)

1. The Representative of the Republic holds the skills that are

constitutionally conferred and exerted them, within the framework of the respective

Autonomous Region, taking into account the fundamental principles of the

politico-administrative regime of the autonomies, in the frame of the

Constitution.

2. The Representative of the Republic holds and exercises still the skills

conferred by this Law.

Article 5º

(Electoral administration)

The Representative of the Republic holds the competence in respect of

election administration committed by the election laws of the President of the

Republic, of the Assembly of the Republic, of the Legislative Assemblies of the

Autonomous Regions, of the organs of the Local Authorities, of Parliament

European and the Referendum Regime.

3

Article 6º

(Superior National Defense Council)

The Representative of the Republic integrates the Higher Defence Council

National.

Article 7º

(Superior Council of Homeland Security)

1. The Representative of the Republic integrates the Superior Council of

Internal Security.

2. The Representative of the Republic is entitled to be informed by the

regional commanders of the PSP forces of everything they say

respect for public safety in the territory of the respective Region

Autonomous, and may, when judging appropriate, harvest on the same

matter information of the remaining security forces.

Article 8º

(State of site and state of emergency)

The Representative of the Republic assures, in the respective Autonomous Region, the

execution of the declaration of the state of sitio and the state of emergency, in the

terms of the law, in cooperation with the Regional Government.

Article 9º

(Decrees of the Representative of the Republic)

1. The Representative of the Republic issues decrees for the appointment and

exoneration of the President and the remaining members of the Government

Regional, in the terms set out in the Constitution and in the law.

2. The decrees of the Representative of the Republic are published in the party

The one of the I Series of the Journal of the Republic.

4

Article 10º

(Holder of political office)

The Representative of the Republic, as the holder of political office, is subject

to the respective legal regime for the purpose of:

a) Remunerative status;

b) Incompatibilities and impediments;

c) Public control of wealth;

d) Crimes of responsibility.

Article 11º

(Maturities and remunerations)

1. The Representative of the Republic perceives monthly a maturity

corresponding to 65% of the maturity of the President of the Republic.

2. The Representative of the Republic is entitled to a monthly allowance for

representation expenses in the value of 40% of the respective

maturity.

3. The Representative of the Republic has still the right to perceive a

supplementary maturity, of amount equal to that of the corresponding

monthly salary, in the months of June and November of each year.

4. If the post is exercised during the year by several holders the

supplementary maturity will be rebroken by them proportionally

to the time in which they exercise functions, not considering periods

less than 15 days.

Article 12º

(Transport and cost aids)

In his official dispositions, in the Country or abroad, the Representative of the

Republic is entitled to transport and cost aid in identical terms

to the Ministers.

5

Article 13º

(Official Viatures)

The Representative of the Republic is entitled to vehicles of the State for use

personnel, both in the respective Autonomous Region and in the territory

continental of the Republic.

Article 14º

(Official Residence)

The Representative of the Republic is entitled to the official residence.

Article 15º

(Other rights)

1. The Representative of the Republic is entitled to free transit, possession of

weapon, personal safety, collaboration of all authorities,

diplomatic passport and special ID card.

2. The special identification card has the model defined by

dispatch of the President of the Republic and it is by himself signed.

3. The Representative of the Republic is entitled to priority in the reserves

of tickets at the air transport service companies, when,

in the exercise of functions, decloit from and to the respective Region

Autonomous.

Article 16º

(Tax regime)

The remunerations and allowances perceived by the Representative of the Republic

are subject to the tax regime applicable to civil servants.

6

Article 17º

(Welfare Regime)

1. The Representative of the Republic shall be entitled to the provident scheme

social more favorable to public functionalism.

2. In the case of option by the provident regime of its activity

professional of origin, it is up to the State to the satisfaction of the charges that

would fit the corresponding employer.

Article 18º

(Protocol)

1. To the Representative of the Republic it is up to, for protocolar effects, the

place that is assigned to you in the list of precedence defined by

law.

2. At the civil and military ceremonies that take place in the respective

Autonomous Region, the Representative of the Republic has the first

precedence, which gives in when the President of the

Republic, the President of the Assembly of the Republic or the First-

Minister.

Article 19º

(Insygnia and pavilion)

The Representative of the Republic has, in the respective Region Autonomous, right

the use of the insignia and own pavilion, of model to be defined by dispatching the

President of the Republic.

Article 20º

(Cabinet and support services)

1. The Representative of the Republic has an office to which if

They apply the provisions governing ministerial offices.

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2. The Representative of the Republic still has a support service

administrative, endowed with a framework of own personnel to be defined by

joint office of the Representative of the Republic and the member of the

Government responsible for Public Administration.

3. For administrative and financial effects the Representative of the

Republic has equivalent competence to that of the Minister.

Article 21º

(Budget)

1. The budget relating to the Representative of the Republic and the

respective support services appear, autonomously, of the Charges

General of the State.

2. The budget referred to in the preceding paragraph includes only appropriations

corresponding to operating and investment expenditure.

Article 22º

(Disclosure of communiqués by the public Radio and Television services)

They are compulsorily disclosed in the respective Autonomous Regions

through the public radio and television services, with due relief and the

maximum urgency, the communiqués whose diffusion is requested by the

Representative of the Republic.

Article 23º

(Transitional provisions)

1. The skills committed in electoral laws to the Ministers of

Republic considers itself to be attributed to the Representatives of the Republic.

2. Until the approval of the porterie referred to in Article 20º (2), the support

administrative of the Representative of the Republic is provided by the framework

of the constant staff of Decree-law No. 291/83 of June 23.

8

3. Is the Government authorized to do in the state budget in force,

the necessary amendments to the implementation of the provisions of this Law.

Article 24º

(Revabatory Standard)

They are revoked:

a) The provisions of the Laws 4/83, of April 2, 4/85, of 9 of

April, 34/87, of July 16, and 64/93, of August 2, in your

wording in force, in the part concerning the Ministers of the

Republic;

b) The provisions of the Laws 168/99, of September 18, and 5/99, of

January 27, and of the Decrees Laws No. 316/95, of 28 of

November, 153/91, of April 23, 59/99, of March 2, and

442/91, of November 15, in its wording in force, in the Party

concerning the Ministers of the Republic.

Article 25º

(Entry into force)

This Law shall come into force on the first day of the month following its

publication.

Palace of Saint Benedict, from 2007.

The Deputies,