Approves The Third Revision Of The Political And Administrative Status Of The Autonomous Region Of The Azores

Original Language Title: Aprova a terceira revisão do Estatuto Político-Administrativo da Região Autónoma dos Açores

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445324f5331594c6d527659773d3d&fich=ppl169-X.doc&Inline=false

1 PROPOSAL of law No. 169/X ADOPTION of the THIRD REVISION of the POLITICAL and administrative STATUS of the AUTONOMOUS REGION of the AZORES EXPLANATORY MEMORANDUM sixth constitutional review as a result of the constitutional law No. 1/2004, of 24 July, significantly alter the title VII of the Constitution of the Portuguese Republic concerning autonomous regions, therefore a new paradigm competencial regarding regional legislative powers , extinguishing the concepts of general law of the Republic and of particular interest, strengthening the parliamentary dimension of the Government system to shift to the sphere of the Legislative Assembly to the inauguration of the Regional Government and extinguishing the figure of Minister of the Republic. The 2004 constitutional revision ensured the deepening of the autonomic process of the Azores and Madeira, which aims to ensure that a political power around the Azores and Madeira have duties and responsibilities – legislative, financial, political, Executive and fiscal – to enable it to respond to the problems of the people, in the exercise of a lawful power of self-government, translating the principle of subsidiarity , a new matrix and descomplexada relationship between the Republic and the autonomous regions. The draft law on revision of the political-administrative Status of the autonomous region of the Azores that subscribers present embodies that constitutional revision. The PS, PSD and CSD/PP-the three parties with parliamentary seat in the Legislative Assembly of the autonomous region of the Azores – a process widely participated, within and outside of Parliament, chose to do a comprehensive review of the Political and administrative Status of the autonomous region of the Azores, with a reformist direction, highlighting the constitutional framework resulting from the constitutional revision of 2004.

2 public participation that the Legislature wanted to promote the purpose of the review of the Political and administrative Status of the autonomous region of the Azores, as well as a symbolic value, indelibly mark the relationship that parliaments must have with citizens in modern democracies. As a result of the public debate, the Bill accommodates some solutions proposed to Parliament expanding the parliamentary consensus parties without parliamentary representation and to society in General. The review of the Political and administrative Status of the autonomous region of the Azores which now begins formal and institutional mode, in the exercise of a power of this unique initiative, Legislative Assembly is convinced that the expression of regional autonomy process is gradual and progressive deepening, as these already takes place thirty-one years of fruitful experience of successive revisions of the autonomic Constitution of the Portuguese Republic and trends drawn in other autonomous regions of Europe in the process of revising the respective Statutes. The approval of the revision of the political-administrative Status of the autonomous region of the Azores by the Assembly of the Republic, in the use of his constitutional powers, is the opportunity for the unequivocal confirmation of the options taken on constitutional review of 2004 concerning the autonomous regions. Thus, the Legislative Assembly of the autonomous region of the Azores, under the provisions of paragraph f) of paragraph 1 of article 227.º and paragraph 1 of article 232 both of the Portuguese Constitution and in subparagraph (b)) of paragraph 1 of article 31 of the political-administrative Status of the autonomous region of the Azores, presents the following Bill: 3 TITLE I LEGISLATIVE AMENDMENTS article 1 approval of the revision of the political-administrative Status of the autonomous region of the Azores is approved the third revision of political-administrative Status of the autonomous region of the Azores in the law No. 39/80, of August 5, with the amendments introduced by law No. 9/87, of 26 March, and by law No. 61/98, of 27 August.

Article 2 amendments to the political-administrative Status of the autonomous region of the Azores articles 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 18, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 50, 51, 52, 53, 55, 58, 60, 61, 62 , 63, 64, 65, 66, 67, 68, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 96, 97, 98, 99, 100, 102, 106, 107, 110, 112 and 113 of the Political and administrative Status of the autonomous region of the Azores, contained in Act No. 39/80, of August 5, with the amendments introduced by law No. 9/87, of 26 March, and by law No. 61/98 , of 27 August, are hereby amended as follows: a) articles 3, 5, 6, 9, 10, 12, 13, 18, 20, 21, 22, 23, 24, 26, 27, 30, 33, 34, 36, 42, 43, 44, 50, 51, 52, 53, 58, 66, 85, 86, 97, 99, 110, 112 and 113 are amended and renumbered respectively as articles 5, 6, 4, 130, 19, 25 , 26, 27, 69, 28, 29, 30, 96, 97, 31, 33, 40, 43, 67, 72, 73, 74, 82, 83, 84, 85, 103, 86, 122, 133, 17, 12, 20, 21 and 23, shall be replaced by the following: "article 4 4 Symbols of the region 1. […]. 2. The symbols of the region are due respect and consideration for all. 3. The flag and the anthem of the region are used in conjunction with the corresponding national symbols and with the safeguarding of precedence and highlight that these are due. 4. The flag is hoisted on the premises the organs of sovereignty in the region and of government agencies or entities governed by them, as well as the local authorities of the Azores. 5. the use of the symbols of the region is regulated by regional legislative decree.

Article 5 Government agencies own 1. […]. 2. The Government of the Region are based on the will of the people of the Azores, democratically expressed, and participating in the exercise of political power.

Article 6 representation of the Region 1. […]. 2. The region is still represented by the President of the Regional Government or by whom he is appointed, in the cases provided for in the Constitution and in laws and arising from the exercise of powers of the Regional Government.



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Article 12 principle of national solidarity 1. The region is entitled to be compensated financially for the cost of inequality derived from insularity, in particular with regard to communications, transport, education, culture, social security and health, encouraging the progressive integration of the region into broader economic areas, national and international dimension. 2. Constitutes an obligation of the State to ensure charges for actual guarantee universality of the social benefits where it is not possible to assure them in the region.

Article 17 financial and patrimonial Autonomy of the region 1. Financial and patrimonial autonomy the region exercises within the framework of the Constitution and of this Statute and of the Finance Law of the autonomous regions. 2. The financial and patrimonial autonomy aims to ensure government bodies of the region the means necessary for the pursuit of its mission, as well as the availability of appropriate instruments to achieve the objectives of autonomy.

Article 19 tax Power of Region 1. The region carries tax power itself, in accordance with the law, and can adapt the national tax system to the regional specificities, in terms of framework law of the Assembly of the Republic. 2. The regional tax system is structured in order to ensure the correction of the inequalities arising from insularity and with a view to the fair distribution of wealth and income and the implementation of a policy of economic development and greater social justice.



6 article 20 legality of public expenditure in the assessment of the legality of public expenditure is made, in the region, a regional section of the Court of Auditors, with the powers and functions assigned by law.

Article 21 regional public Domain 1. The assets located in the historically included in the public domain of the State or the autonomous districts are extinct public domain in the region. 2. in particular, Belong to the public domain regional: a) the Lakes, ponds, streams and other watercourses, with their beds and banks, as well as those who by law are recognised as unusable for production of electricity or for irrigation; b) ditches and irrigation channels opened by the region and the dams of public utility; c) mineral deposits; d) health resources, including the sources of natural mineral waters and waters mineroindustriais; and existing underground natural cavities) underground, with the exception of the rocks, Commons and other materials commonly used in construction; f) geothermal resources; g) regional roads, expressways and highways with their accessories and artwork; h) distribution networks public power; I) artificial ports, docks and anchorages; j) airports and airfields in the public interest; l) the palaces, monuments, museums, libraries, archives and theatres; m) The public rights in immovable property classified or private use and enjoyment of any private assets; n) The administrative obligations and public utility restrictions to the right to property.

7 3. Exceptions to the public domain goods regional assigned to military public domain, public domain, public domain and, except when classified as cultural heritage, public goods related to public services not regionalized.

Article 23 private regional Domain 1. Private domain goods are those who, being of the regional ownership of the region, are not included in your public domain. 2. The goods that belonged to the extinct autonomous districts and assets located in region historically included in the private domain of the State, with the exception of those assigned to the services of the regional State, belong to the private domain of the region. 3. Pertaining in particular to the private domain regional: a) the properties of the region and the inherent rights; b) the rights of rental that the region holds as leaseholder; c) the values and equity participations in the capital of commercial companies or of bonds issued by these; d) futures contracts or options whose underlying asset consists of investments in commercial companies; e) intellectual property rights; f) rights of any nature that derive from ownership of property and economic rights; g) things and rights assigned to State services transferred to the region; h) the goods are reported lost in favour of the State and to which special law does not give specific destination; I) abandoned goods and integrating legacies declared vacancies for the State, since some people are located within the territorial limits of the region. 4. The decommissioning of a portion of the public domain of the State in the region means your automatic integration in the field regional private, giving the region the right to possession.

8 article 25 Composition and mandates the Legislative Assembly is composed of members elected by universal, direct and secret suffrage, in accordance with the principle of proportional representation and constituencies, in accordance with the electoral law, for a term of four years.

Article 26 constituencies 1. Each island is a constituency, designated by its name. 2. Each constituency elects two members island and still Members in proportion to the number of voters it registered. 3. The electoral law also provides for the existence of a regional clearing circle, reinforcing the proportionality system global. 4. The electoral law can predict even the existence of a circle, including the Azores with dual residence, in the territory of the region and other portions of the Portuguese territory or abroad, which elects two deputies. 5. In the allocation of mandates applies, within each circle, the proportional representation system and the highest average method d'Hondt method, as defined by the electoral law.

Article 27 Applications 1. MEPs are elected by lists submitted by political parties competing in each constituency, either alone or in coalition, and the non-attached citizens integrate lists in their respective parties. 2. no one may be a candidate for more than one constituency, with the exception of the regional circle, or appear in more than one list.

Article 28 political representation members are representatives of the whole region and not only of the circle in which they are elected.

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Article 29 1 function of Mr. […]. 2. The lack of members of official action or steps because of meetings or missions of the Assembly, it is justified for the continuance of these, without any charge. 3. The Member cannot rely on the grounds provided for in paragraph 1 of this article more than once in any act or official stage. 4. All entities have, under the law, the duty to cooperate with the members in the performance of their duties.

Article 30 Powers of Deputies 1. MEPs have the power to: a) Present preliminary draft of political-administrative Status; b) Present preliminary draft law on the election of deputies to the Legislative Assembly; c) Present environmentally sound legislative initiative antepropostas of the Legislative Assembly; d) Submit draft regional legislative decree, rules of procedure of the Legislative Council and resolution; and antepropostas of regional referendum); f) presenting motions of censure; g) Participate and intervene in parliamentary debates, in accordance with the rules of procedure; h) Require and obtain Regional Government or of any public regional entity elements, information and publications as they may deem useful for the exercise of your mandate; I) Formulate oral or written questions to the Regional Government, in accordance with the law and the rules of procedure; j) Raise the achievement of two debates in each legislative session on issues of regional policy, in accordance with the rules of procedure;

10 l) apply for the Constitution of parliamentary committees of inquiry or any committees; m) apply to the Constitutional Court the Declaration of unconstitutionality of any standard based on violation of rights in the region, the Declaration of illegality of any constant regional diploma standard based on violation of this Statute, or the Declaration of illegality of any constant standard diploma emanating from the organs of sovereignty on the grounds of violation of the rights of the region established in these bylaws; n) exercise the other powers enshrined in the law and in the rules of procedure. 2. The powers referred to in points (a) to (f)), j) and (l)) of the preceding paragraph may only be exercised by a minimum of five members or by a group. 3. The power (a) constant m) of paragraph 1 may only be exercised by one-tenth of the Members. Article 31 obligations of Members 1. Obligations of members: the) participate in parliamentary work; b) Attend plenary meetings and to the committees to which they belong; c) Play the positions of Parliament and the tasks for which they are elected or appointed; d) [previous subparagraph (c))]; e) [former subparagraph (d))]; f) [previous article)]; g) contribute to the effectiveness and the prestige of the work of the Assembly and, in General, for the observance of the Constitution and the Statute. 2. members must visit each of the Islands in the region at least once every parliamentary term.

Article 33 policy Competence of the Legislative Assembly is the Legislative Assembly: the Regional Government ownership) and approve its programme;

11 b) [...]; c) approve the regional budget, broken down by expenditure and revenue, including those of the regional autonomous services and funds and the investment programs of each regional secretariat; d) […]; e) […]; f) Voting motions of rejection of the Government's Programme; g) [previous subparagraph (f))]; h) present proposals for regional referendum to the President of the Republic; I) pronounce, for your initiative or upon request of the organs of sovereignty, about the competence of these issues; j) Participate in defining the positions of the Portuguese State, in the context of the process of European integration, in matters that are of your political and legislative competence; l) Participate in establishing cooperation with regional entities. m) approve agreements with regional entities or foreign places focus on matters of competence or your participation in organizations that have as their object to foster dialogue and interregional cooperation; n) Elected bodies or positions holders who, by law or agreement, you fit designate; the) attend the meetings of the committees of the Assembly of the Republic in which they discuss regional legislative initiatives, through their representatives, in accordance with the rules of procedure of the Assembly of the Republic.

Article 40 regulatory Competence of the Legislative Assembly 1. The exclusive competence of the Legislative Council to regulate the laws and decree-laws from the organs of sovereignty which does not reserve to the Government its regulatory power.

12 2. For the purposes of the preceding paragraph, the organs of sovereignty can only reserve for the Government the regulatory power of laws and decree-laws which have been issued on matters of their respective legislative competence reserves bounded by articles 161, 164, 165 or paragraph 2 of 198 of the Constitution.

Article 43 form of acts 1. Are the form of regional legislative decree the conduct referred to in paragraph 1 (b)), c), (d)) and e) of the article 33 in article 36, paragraph 1 of article 37, paragraph 1 of article 38, article 39 and paragraph 1 of article 40. 2. Are the way to project the conduct referred to in subparagraph (a)) of paragraph 1 of article 35 and the proposed conduct referred to in subparagraph (b)) of paragraph 1 of that article. 3. Are the way to resolution of the remaining acts of the Legislative Assembly, including those referred to in the second part of subparagraph (a)) and on paragraph (h)) of article 33 and paragraph 3 of article 40. 4. Are the form of motion the conduct referred to in points (f) and (g))) article 33. 5. the acts provided for in paragraphs 1, 3 and 4 of this article shall be published in the Official Gazette and republished in the official journal of the region.

Article 67 1 Legislature. […]. 2. […]. 3. the Assembly meets in plenary at least nine legislative periods by legislative session, between 1 September to 31 July. 4. Outside the legislative periods referred to in paragraph 1, the Council may convene extraordinarily, in plenary, upon convening of your President, in the following cases: a) on the initiative of the Standing Committee; b) at the request of one third of the members; c) at the request of the Regional Government.

Article 69 13 start of term 1. The Legislature meets in its own right, on the 10th day after the general election results tabulation. 2. At the first meeting the Legislative Assembly verifies the credentials of its members and elects to your table.


Article 72 1 Committees. The Legislative Assembly has the commissions provided for in the rules of procedure and may constitute any commissions, investigation or for any other specific purpose. 2. […]. 3. The chairs of the committees are, in each set, broken down by parliamentary groups in proportion to the number of its members. 4. Petitions addressed to Parliament are appreciated by the committees or by Commission especially established for this purpose, you can hear the other competent committees on the basis of matter, as well as request the testimony of any citizens. 5. […]. 6. The parliamentary committees of inquiry enjoy investigative powers of the judicial authorities themselves. 7. The legal regime of the parliamentary committees of inquiry is established by regional legislative decree.

Article 73 1 Standing Committee. Outside the legislative periods, during the period in which they find dissolved and in other cases provided for in the Constitution and in the Statute, does the Standing Committee of the Legislative Council. 2. […]. 3. The Standing Committee: 14 a) Oversee compliance with the Constitution, the Statute and the laws and to appreciate the Government's acts and regional autonomous administration; b) decide, for your initiative or upon request of the organs of sovereignty, on matters of competence of these respect the region; c) […]; d) […]; e) […].

Article 74 parliamentary Groups and parliamentary representations 1. The elected members for each party or coalition of parties can constitute parliamentary group. 2. Constitute rights of every parliamentary group:) [...]; b) […]; c) […]; d) Cause, by means of notification to the Government, the opening of two debates in each legislative session, on issues of General or sectoral policy; e) […]; f) […]; g) […]; h) […]; I) Introduce motions of censure; j) […]. 3. The Member who is the sole representative of a party or coalition would be parliamentary representation. 4. Constitute rights of parliamentary representations provided for in (a)), b), (d)), g) and (j)) of paragraph 2 of this article. 5. [previous paragraph 4]. 6. [previous No. 5].

15 Article 82 Regional Government programme 1. The Regional Government programme contains the main policy orientations and measures to be adopted or proposed in the exercise of governmental activity. 2. The Regional Government program is delivered to the Legislative Council within 10 days after the inauguration of the Regional Government. 3. The Regional Government programme is submitted for consideration and voting of the Legislative Council, which brings together necessarily to the end, until the 15th day after the inauguration of the Regional Government. 4. The debate on the programme of the Regional Government may not exceed three days. 5. Until the closure of the debate any parliamentary group may propose the rejection of the Government's Regional Program in the form of a reasoned motion.

Article 83 Motions and votes of confidence 1. The Regional Government may request the Legislative Assembly, by one or more times, the adoption of a motion of confidence about your performance. 2. The Regional Government may also ask the Legislature to approve vote of confidence on any matter of sectoral policy.

Article 84 1 motion of censure. The Council may vote on motions of censure to the Regional Government on the implementation of your program or subject of interest relevant to the region. 2. The motion of censure cannot be enjoyed earlier than seven days after your presentation, the debate should not last more than two days. 3. If the motion of censure is not approved, the signatories may not submit another during the same legislative session.

Article 85 1 Regional Government Resignation. Involve the resignation of Regional Government: 16 a) [...]; b) the dissolution of the Legislative Assembly; c) submission of resignation by the President of the Regional Government Delegate of the Republic; d) [previous subparagraph (c))]; e) [former subparagraph (d))]; f) [previous article)]; g) the approval of the motion of censure. 2. In case of resignation of the Regional Government in the situations provided for in (c)) to g) of the preceding paragraph, the representative of the Republic appoints new President of the Regional Government, in accordance with paragraph 1 of article 80. 3. In the case referred to in the preceding paragraph, if, after the hearing of the parties represented in the Legislative Assembly, the representative of the Republic finds that there are no conditions to appoint the President of the Regional Government taking into account the results of the elections, shall communicate this fact to the President of the Republic, for the purposes of point (a)) of paragraph 2 of article 68.

Article 86 mandatory Visits from Regional Government 1. The Regional Government visit each one of the Islands in the region at least once a year. 2. On the occasion of one of the visits referred to in the preceding paragraph, the Government Council meets on the island.

Article 96 rights, perks and immunities of members of the Statute for members of the Assembly of the Republic shall apply to Members of the Legislative Council with regard to the rights, benefits and constitutional immunities and legally enshrined mutatis mutandis and according to the specifics laid down in these regulations and in the relevant legal regime.

17 Article 97 members ' social security 1. Members shall be entitled to the social security scheme for civil servants. 2. In the case of deputies to the social security scheme of your professional activity, it is up to the Legislative Council the satisfaction of charges that would lead to their employer.

Article 103 status of members of the Regional Government the status of members of the Government of the Republic shall apply to members of the Regional Government, with regard to duties, responsibilities, incompatibilities, rights, perks and immunities, with any necessary adaptations and according to the specifics laid down in these regulations and in the relevant legal regime.

122 administrative organisation of the region the administrative organisation of the region should reflect geographical reality, economic, social and cultural of the archipelago, in order to better serve its population and, at the same time, to encourage the unity of the people of the Azores.

Article 130 1 Judicial Organization. The regional judicial organization takes into account the specificities and needs of the region. 2. Each island, with the exception of the Raven must correspond at least to the circumscription of a judicial court of first instance, and should exist in a judicial court of second instance.


18 Article 133 Municipality of Corvo Island, the municipality of Corvo Island, by specific constraints, is the owner of the generic skills of parishes, mutatis mutandis, in its territory. "

b) article 1 and paragraph 1 of article 2 are changed and fused, and replaced by the following: "article 1 1 regional autonomy. The Azores archipelago is an autonomous region of Portugal, endowed with legal personality under public law. 2. The political autonomy, legislative, administrative, financial and patrimonial of the region exercises within the framework of the Constitution and of this Statute.

Article 2 region 1. The territory of the autonomous region covers the Azores archipelago, composed of the islands of Santa Maria, São Miguel, Terceira, Graciosa, São Jorge, Pico, Faial, Flores and Corvo, and its islets. 2. Are an integral part of the regional territory the internal waters, the territorial sea and the continental shelf contiguous to the archipelago. "

c) paragraph 1 of article 4 and article 11 shall be amended, merged and renumbered as article 24, shall be replaced by the following: "article 24 definition and seat 1. The Legislative Assembly is the representative body of the region with legislative powers and oversight of government action. 2. The Legislative Assembly has the your headquarters in the city of Horta, Faial Island, and delegations in the other islands. "

19 d) paragraph 2 of article 4 and article 46 shall be amended, merged and renumbered as article 75, passing shall be replaced by the following: "Article 1 definition and 75 headquarters. The Regional Government is the executive body of the region's policy and the superior organ of the regional autonomous administration. 2. the Presidency and the Regional Secretariats are the Regional Government departments and have your headquarters in Angra do Heroísmo, Horta and Ponta Delgada. "

and) article 28 and article 29 shall be amended, merged and renumbered as article 32, shall be replaced by the following: ' article 32 Replacement, suspension, loss and resignation of Office 1. The members shall be entitled to your replacement and to require the suspension of your mandate, under the scheme for the application of the Statute of the holders of the Government itself. 2. Lose the mandate the members: a) will incur any of the disabilities or incompatibilities provided for in these regulations, without prejudice to the provisions on replacement schemes and suspension of mandate; b) not take seat in the Legislative Assembly or in excess of the number of faults fixed in the rules of procedure; c) they fall in different from political party at which they were elected; d) Are judicially convicted crime of responsibility in the exercise of your function in such a penalty or for participation in racist organizations or that share the fascist ideology. 3. Members can renounce the mandate, by written declaration addressed to the President of the Legislative Council. "

20 f) article 31 is amended and divided in articles 35, 36, 37 and 38, are replaced by the following: "article 35 legislative initiative 1. It is the Legislative Assembly, in the exercise of your competence to initiate legislation: a) prepare draft political-administrative Status of the region and of law concerning the election of representatives to the Legislative Council, as well as an opinion on their rejection or amendments by the Assembly of the Republic, in accordance with article 226 of the Constitution; b) exercising legislative initiative, upon presentation of bills or amendments to the Assembly of the Republic. 2. In the exercise of jurisdiction provided for in paragraph 1, the Council may require the emergency Declaration and processing your schedule.

Article 36 legislative Competence 1 itself. It is up to the Legislature to legislate, for the regional territory, in matters of their own legislative powers in the region and which are not reserved by articles 161, 164, 165 or by paragraph 2 of article 198 of the Constitution to the organs of sovereignty. 2. Are substances of the Region's own legislative powers referred to in subsection (II) of this section.

Article 37 supplementary legislative competence 1. It is up to the Legislature to develop, for the region, the principles or the General bases of the legal regimes contained in law or Ordinance that they are limited, except where matters are concerned whose scheme is fully reserved for the organs of sovereignty.

21 2. The regional legislative decrees adopted pursuant to this article must explicitly invoke the laws or decrees-laws whose principles or General bases develop. 3. The authority referred to in paragraph 1 is not limited to matters of legislative jurisdiction in the region itself, set out in subsection (II) of this section. 4. When laws or decrees-laws concerning matters covered bases on its own legislative powers of the Legislative Council, it may choose to develop, for the region, the principles or the General bases of the legal regimes contained therein, pursuant to this article or, Alternatively, exercise legislative powers, in accordance with article itself before.

Article 38 delegated legislative powers 1. The Legislative Assembly shall legislate upon this authorization, in matters of reservation in respect of the Assembly of the Republic provided for in the second part of subparagraph (d)), in paragraph 1(e)), g), h), (j)), and l), first part of point (a) m), and points (a) n), r), u) and z) of paragraph 1 of article 165 of the Constitution. 2. The draft law of authorization must be accompanied by the preliminary draft of the regional legislative decree authorizing, by applying to the corresponding authorisation laws the provisions of paragraphs 2 and 3 of article 165 of the Constitution. 3. The authorizations referred to in the preceding paragraph shall expire with the expiration of the term of Office or the dissolution of the Assembly of the Republic or of the Legislative Assembly. 4. regional legislative decrees adopted under this article shall invoke expressly consent laws under which have been drawn up. 5. The Assembly of the Republic may submit the regional legislative decrees adopted pursuant to this article to your assessment for the purposes of termination, in accordance with article 169 of the Constitution, and cannot, however, change them. 6. The powers referred to in paragraph 1 is not limited to matters of legislative jurisdiction in the region itself, set out in subsection (II) of this section. "


g) article 32 and article e) of paragraph 1 of article 33 shall be amended, merged and renumbered as article 41, shall be replaced by the following: "article 41 22 responsibilities 1. It is the Legislative Assembly, in the exercise of supervisory functions: to Monitor compliance with the Constitution) of the staff regulations and laws and enjoy the Government acts and regional autonomous administration; b) approve the accounts of the region relating to each financial year and assess the implementation of the plan for regional economic and social development; c) request the Constitutional Court the Declaration of unconstitutionality of any standard based on violation of rights in the region, the Declaration of illegality of any constant regional diploma standard based on violation of this Statute, or the Declaration of illegality of any constant standard diploma emanating from the organs of sovereignty on the grounds of violation of the rights of the region established in these bylaws. 2. It shall be the responsibility of the Legislative Council, in the exercise of functions of monitoring: to monitor the activity of holders) of organs or offices designated by the Legislative Council; b) Follow the authority of the Regional Government on the activity of local authorities of the Azores; c) Appreciate reports of the entities created pursuant to these regulations; d) Proceed to hearing the Director's annual Regional Center of the Azores of the public radio and television and of the person responsible in the public news agency. 3. the Legislative Assembly approve your Regiment. "

h) article 37 and paragraphs 1 and 2 of article 40 are changed, merged and renumbered as article 70, shall be replaced by the following: "article 70 1 Operation. The Assembly works in plenary sessions and in committees.

23 2. Plenary meetings are public and the commissions can be. 3. Is published a journal of the Legislative Assembly with the verbatim report of plenary meetings of the Assembly, as well as the reports and opinions of the committees, whose meetings are recorded minutes. 4. The Legislative Assembly shall be incurred in plenary meeting being present the majority of the legal number of members. 5. the Assembly may, for your initiative or at the request of the Regional Government, declare the urgency of any initiative, you must follow special formalities. "

I) paragraph 3 of article 40 and paragraph 2 of article 41 shall be amended, merged and renumbered as article 71, shall be replaced by the following: "article 71 participation of members of the Regional Government 1. The Regional Government members sit in the meetings of the Assembly and the right to use the word for the presentation of any communication or to provide clarification. 2. The members of the Regional Government may request your participation in the work of the Committee and shall appear before the same when it is required. "

j) article 47 and paragraph 2 of article 67 shall be amended, merged and renumbered as article 76, is replaced by the following: "Article 76 1 Composition. The Regional Government consists of the President and the Regional Secretaries. 2. The Regional Government may include Vice Presidents and Undersecretaries. 3. The number and designation of the members of the Government, the area of your expertise and the Government departments shall be organic by regional regulatory decree. 4. The under secretaries have the powers delegated to them by the respective members of the Regional Government. "

24 l) article 48, paragraph 2 of article 53 and article 55 shall be amended, merged and renumbered as article 80, passing shall be replaced by the following: "Article 80 Beginning and termination of duties 1. The President of the Regional Government is appointed by the representative of the Republic, taking into account the results of the elections to the Legislative Council, political parties represented in her ears. 2. The Vice-Presidents, Secretaries and Undersecretaries are appointed and removed by the Regional Delegate of the Republic on the proposal of the President of the Regional Government. 3. The Regional Government takes office before the Legislative Assembly. 4. The duties of the Vice-Presidents and of the Regional Secretaries cease with the President of the Regional Government and those of under secretaries with the members of the Government that depend on. 5. In case of resignation of the Regional Government, the President of the Regional Government remains in Office, being discharged on the date of the new President of the Regional Government. 6. Before the adoption of your program by the Legislative Council or after your resignation, the Regional Government is limited to the practice of acts strictly necessary to ensure the day-to-day management of public affairs. 7. for the purposes of paragraph 1, the following shall be considered as strictly necessary acts to ensure the day-to-day management of public affairs: a) The acts which, cumulatively, are urgent or unavoidable have as objective the achievement of an important public interest and appropriate for the achievement of the objective invoked; b) acts of ordinary administration, operation or maintenance of conservation; c) acts of mere execution or implementation of measures taken in time prior to the resignation of the Government. "

m) article 60 is amended and divided in articles 87, 88 and 89, passing shall be replaced by the following: 25


"Article 87 Regional Government policy Competence rests with the Regional Government, in the exercise of political functions: a) lead to the region's policy, defending democratic legality; b) decide, for your initiative or upon request of the organs of sovereignty, about the competence of these issues relating to the region; c) participate in the drafting of national plans; d) Participate in the definition and implementation of fiscal policies, monetary, financial and exchange rate policy, so as to ensure the regional control of the means of payment in circulation and the financing of investments necessary for socio-economic development of the region; e) participate in policy-making relating to internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf contiguous to the Islands; f) submit to the Council proposals for regional legislative decree, of regional and antepropostas of referendum law; g) draw up your Program and submit it for approval to the Legislative Assembly; h) Elaborate proposals for economic and social development plan of the region; I) draw up the budget proposal and submit it for approval by the Legislative Assembly; j) Submit to the Legislative Council the accounts of the region; l) Participate in defining the positions of the Portuguese State in the process of European integration in matters of interest to the region; m) participate in the negotiations of international treaties and agreements that directly relate to the region and manage the benefits deriving therefrom; n) establish cooperative relationships with regional foreign entities, including through negotiation and adjustment of agreements; the) represent the region in organizations that have as their object to foster dialogue and interregional cooperation;

26 p) participate in the process of European integration, through representation in the respective regional institutions and delegations involved in community decision-making processes, when the materials are concerned regional interest.

Article 88 regulatory Competence of the Regional Government 1. It is for the Regional Government, in the exercise of regulatory functions: your own) approve the Organization and functioning; b) regulate the regional legislation; c) Regulate legal acts of the European Union; d) Elaborate the regulations necessary for the effective functioning of the regional autonomous administration and proper implementation of the laws. 2. The matters referred to in point (a)) of the preceding paragraph is the exclusive competence of the Regional Government. 3. The Regional Government can issue regulations independent within the competence conferred by paragraph 1 of this article.

Article 89 Executive Competence of Regional Government 1. It is for the Regional Government, in the exercise of administrative powers: a) expect to wield Supreme executive power own; b) direct services and activities of regional autonomous administration; c) to coordinate the preparation of the plan and of the regional budget and ensure that your performance; d) take the necessary measures for the promotion and economic and social development and to the satisfaction of the collective regional needs; and administer and dispose of the assets) regional and celebrate the acts and contracts in the region you are interested; f) Administer, in accordance with the Statute and the law of the autonomous regions finance, tax revenues collected or generated in the region, as well as participation in state tax revenues and other revenues that are allocated and affect them with their expenses;

27 g) exercising supervisory power on local authorities; h) Oversee the services, public institutions and public enterprises and nationalized exercising the activity exclusively or predominantly in your region, and in other cases where the regional interest justifies it; I) carry out the civil request and expropriation in the public interest, in accordance with the law; j) perform all acts required by law relating to employees and agents of the regional autonomous administration; l) Exercise other executive duties as may be assigned by law. 2. It is the responsibility of the Regional Government in tax matters, in accordance with the law: a) Launch, settle and collect taxes through own services or using the services of the State; b) Scrounging revenues from other taxes, fees or revenue equivalent; c) Exercise the position of active person in tax relations in that region is part; d) Grant tax benefits. "

n) articles 61 and 62 are changed, merged and renumbered as article 90, passing shall be replaced by the following: "article 90 form of acts from Regional Government 1. Are the regional regulatory decree form the Regional Government acts referred to under (a)) and d) of paragraph 1 and in paragraph 3 of article 88. 2. Are approved by the Council of the Regional Government regional regulatory decrees, the regional legislative decrees and proposals of regional referendums and the antepropostas of law. 3. regional regulatory decrees are sent to Represent the Republic for signature and are sent to publish in the Gazette and republish in the official journal of the region.

28 4. All other acts of the Regional Government and its members shall be published in the official journal of the region, as defined by regional legislative decree. "

the) article 63 and paragraphs 1 and 3 of article 64 shall be amended, merged and renumbered as article 77, passing shall be replaced by the following: "article 77 1 Regional Government Council. Constitute the Council of the Regional Government President, Vice Presidents, if any, and the Regional Secretaries. 2. Can be summoned to attend the meetings of the Regional Government Undersecretaries. 3. The Regional Government Council meets whenever convened by your President, and the definition of General Government policy orientation. "

p) Article 65 is amended and divided in articles 78 and 79, and replaced by the following: "article 78 1 President of the Regional Government. The Regional Government is represented, directed and coordinated by your President. 2. The President of the Regional Government may have to post any of your Government departments.

Article 79 replacement of members of the Regional Government 1. In their absences and impediments, the President appoints to replace a Vice President, if any, or a Regional Secretary. 2. Each Regional Vice President or Secretary shall be replaced, in your absence or impediment, by the Regional Government member appointed by the President of the Regional Government. "

29


q) paragraph 3 of article 67 and article 91 are amended, merged and renumbered as article 123, passing shall be replaced by the following: "article 123 Regional Services 1. The regional autonomous administration aims to further the public interest in respect for the rights and legally protected interests of citizens and of the principles of equality, proportionality, justice, impartiality and good faith. 2. The organization of regional autonomous administration adheres to the principles of decentralisation and devolution of services, take into account the constraints of each island and aims to ensure a quick, effective and administrative activity. 3. The Regional Government, with a view to ensuring an effective approximation of services to populations, promotes the existence in each island its services or departments of a delegation from the Regional Government. "

r) article 68 is changed and divided into articles 91, 92 and 93, passing shall be replaced by the following: "article 91 holders of political offices of government agencies own Are holders of political office of the Government of the autonomous region of the Azores, members of the Legislative Council and members of the Regional Government.

Article 92 Regulations on remuneration of holders of political office 1. The President of the Legislative Council and the President of the Regional Government must pay status identical to that of Prime Minister. 2. Members of the Legislative Council understand monthly salary corresponding to the Members of the Assembly of the Republic, deducted from the percentage of 3.5%.

30 3. Vice-Chairman of the Regional Government realize a monthly basic salary corresponding to half of the sum of the salary of the President of the Regional Government with the maturity of a Regional Secretary. 4. The Vice-Chairman of the Regional Government is entitled to a fee for representation expenses equal to half of the sum of money equivalent received by the President of the Regional Government with money equivalent received by a Regional Secretary. 5. The regional Secretaries pay status identical to that of the State Secretaries and under secretaries of Regional State Undersecretaries. 6. The Vice-Presidents of the Assembly and the Presidents of the parliamentary groups are entitled to a monthly allowance for representation expenses in the amount of 25% of the basic salary of the President of the Legislative Council. 7. The Vice-Presidents of the parliamentary groups, members incorporated in parliamentary representation and Committee Chairmen are entitled to a monthly allowance for representation expenses in the amount of 20% of the basic salary of the President of the Legislative Council. 8. The Secretaries of the Bureau and rapporteurs of committees are entitled to a monthly allowance for representation expenses in the amount of 15% of the basic salary of the President of the Legislative Council. 9. The remaining Members not referred to in paragraphs 6, 7 and 8 are entitled to a monthly allowance for representation expenses in the amount of 10% of the basic salary of the President of the Legislative Council, from carrying out its mandate under exclusive dedication.

Article 93 allowances 1. Political office holders who move out of your residence in official service can choose one of the following benefits: a) daily allowance allowance equal to the set for the members of the Government; b) accommodation at Hotel plus the amount corresponding to 50% or 70% of the per diems, as the movement is carried out on national territory or abroad.

31 2. The provisions of the preceding paragraph also applies to holders of political offices moving into the island of your residence in official service, except when the distance between your home address and place of work does not exceed 40 kilometres, in which case they are entitled to one third of the fixed allowance referred to in point (a)) of the preceding paragraph. 3. The members shall be entitled to the allowance fixed in accordance with this article for each day of attendance in parliamentary work, to which one must add the allowance corresponding to two days per week in any parliamentary work. "

s) articles 87, 88, 89 and 90 are amended, merged and renumbered as article 125, shall be replaced by the following: "article 125 representative bodies of the Islands 1. Each island has a representative body of its interests. 2. The representative bodies of the Islands shall: a) an opinion on matters of interest to the island, for your initiative or at the request of one of the organs of Government. (b) encourage collaboration and cooperation) between the same island authorities and standardisation of municipal regulations; c) Exercise the other powers assigned to him by regional legislative decree. 3. The representative bodies of the Islands should be composed of representatives of government agencies, local government itself and society. 4. The Constitution, organization and functioning of the representative bodies of the Islands, as well as the rights and duties of its members, are regulated by regional legislative decree. "

t) articles 92 and 93 are amended, merged and renumbered as article 124, passing shall be replaced by the following: ' Article 32 124 regional public Function 1. The regional autonomous administration has own frames that must meet the criteria of economy of means, of qualification and professional efficiency. 2. The bases and the general scheme of recruitment to the civil service in regional services, technical training, and careers, and disciplinary status of the retirement scheme are those defined by law for the administration of the State. 3. mobility is guaranteed between the frames of the autonomous regional administration, local administration and the State administration, without prejudice to the acquired rights, especially with regard to seniority and career. "


u) articles 94, 96 and 106 are changed, merged and renumbered as article 16, shall be replaced by the following: "article 16 economic and social development of the region 1. The orientation and definition of the policy of economic and social development in the region take into account the intrinsic characteristics of the archipelago. 2. The economic and social development plan and the regional budget fall and promote the development of the region. 3. In accordance with the principle of national solidarity, the State ensures the region the financial resources needed to carry out investments in the economic and social development plan which exceed the financing capacity of it, according to the program of transfers of funds under the Finance Law of the autonomous regions. "

v) articles 98, 100, 102 and 107 are changed, merged and renumbered as article 18 to read as follows: "article 18 Recipes of the region 33 1. The region has, for its expenses, under the Constitution, the Statute and the law of the autonomous regions finance, tax revenues it collected or generated, a participation in the tax revenue of the State, established in accordance with the principle of national solidarity, as well as other recipes that you are assigned. 2. Are, in particular, revenues of the region: a) The income from your capital; b) all taxes, fees, fines, penalties and additional charged in your territory, including stamp duty, customs duties and other charges levied by the customs, including taxes and price differentials on gasoline and other oil derivatives; c) taxes imposed on goods destined for the region and settled outside of your territory, including the value added tax and the tax on the sale of vehicles; d) other taxes that should belong to him, in accordance with this Statute and the law, particularly in the light of the place of occurrence of the operative event for the tax obligation; and) the holdings referred to in point (a) h) of paragraph 1 of article 7; f) the loan product; g) financial support from the State to which the region is entitled, in accordance with the principle of national solidarity; h) the proceeds from the issuance of stamps and coins with Numismatic interest; I) The financial assistance of the European Union; j) the product of privatisation, reprivatizações and sale of financial investments; l) The inheritances and legacies left to the region; m) The other recipes that you are assigned. 3. the revenue of the region are assigned to their expenses, according to the annual budget approved by the Legislative Council. 4. The State ensures that the region benefits from the support of the European Union funds, taking into account the specificities of the archipelago. "

34 x) articles 35 and 49 of the Political and administrative Status of the autonomous region of the Azores shall be renumbered respectively as articles 47 and 81.

Article 3 addition of preamble to the political-administrative Status of the autonomous region of the Azores is added a preamble to the political-administrative Status of the autonomous region of the Azores in the law No. 39/80, of August 5, with the amendments introduced by law No. 9/87, of 26 March, and by law No. 61/98, of 27 August, as follows : ' Recognizing the historic aspirations of the people of the Azores that autonomy for more than a century, began the fight for the right to freedom of administration of the Azores by Azoreans; Honoring the memory of the first autonomists who claimed the Azorean identity and unity of your People and honoring the enormous battle of all, succeeding them in time, maintained and keeps alive the autonomist ideal; Asserting if heirs of those who historically resisted the isolation and abandonment, weather and other cataclysms of nature, material shortages and cycles to various setbacks, forging a unique and proud portuguesismo that dared to name of Açorianidade; Sharing with the other Portuguese victory and the establishment of democracy which enshrined the constitutional recognition of the political and legislative Autonomy of the Azores; Proclaiming that the autonomy expressed the Azorean identity, the free exercise of your self-government and the promotion of the welfare of your people; Exercising a constitutional prerogative, the Azorean People, through their legitimate representatives, proposed to Parliament the Political and administrative Status of the autonomous region of the Azores which, accordingly, the approved.»

35 article 4 additions to the political-administrative Status of the autonomous region of the Azores Are added to the Political and administrative Status of the autonomous region of the Azores in the law No. 39/80, of August 5, with the amendments introduced by law No. 9/87, of 26 March, and by law No. 61/98, of 27 August, articles 3, 7, 8, 9 , 10, 11, 13, 14, 15, 22, 34, 35, 36, 37, 38, 39, 42, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68, 94, 95, 98, 99, 100, 101, 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 , 126, 127, 128, 129, 131, 132, 134, 135, 136, 137 and 138 to read as follows: "article 3 fundamental objectives of autonomy the region continues, through the action of the organs of Government, itself the following objectives: a) the free and democratic participation of citizens; b) the strengthening of national unity and of the bonds of solidarity between all the Portuguese; c) advocacy and promotion of identity, values and interests of the people of the Azores and of your historical heritage; d) the economic and social development of the region and the well-being and quality of life of the populations, based on economic, social and territorial cohesion and convergence with the rest of the country and with the European Union; and) the guarantee of the balanced development of each and every one of the Islands; f) mitigation of adverse effects of the outermost location of the region, of insularity and isolation; g) the adaptation of the national tax system to the region, in accordance with the principles of solidarity, fairness and flexibility and achieving a fiscal own constituency; h) the gross weight of fundamental rights constitutionally enshrined;

36


I) the protection of the right to work, promoting the reconciliation of family life and work; j) universal access, under equal conditions and quality, educational systems, health and social protection; l) the promotion of higher education, and appropriate to the needs of the multipolar region; m) the defence and protection of the environment, nature, landscape, territory and natural resources; n) the institutional recognition as your outermost region and the consolidation of European integration; the) promotion and strengthening of economic, social and cultural ties with the Azorean communities residing outside the region.

Article 7 rights of the Region 1. Are rights in the region, in addition to those listed in paragraph 1 of article 227.º of the Constitution: a) the right to political autonomy, legislative, administrative and financial assets; (b)) the right to fair compensation and positive discrimination with a view to mitigating the costs of insularity and remoteness of the region; c) the right to cooperation of the State and other public entities in pursuit of its mission, in particular through the conclusion of cooperation agreements; d) the right to information which the State or other public entities have linked with the region; and the right to public domain) and regional private; f) the right to a judicial organization that takes into account the specificities of the region; g) the right to always be heard by organs of sovereignty and to decide on its own initiative, on matters falling within the competence of those relating to the region;

37 h) the right to have a significant stake in the benefits arising from treaties or international agreements concerning the region; I) the right to its own foreign policy with foreign regional entities, in particular in the framework of the European Union and the deepening of cooperation in the area of Macaronesia; j) the right to establish agreements with foreign and regional entities to participate in international dialogue and interregional cooperation; l) the right to a public administration with own frames set by region, as well as the guarantee of workers ' mobility between the various public administrations; m) the right to the recognition of administrative complexity arising from your arquipelágico character to the level of the autonomous regional administration and the organisation of State services in the region; n) the right to create independent administrative entities; the) the right to create sectoral regional providers; p) the right to the recognition of the specific reality of island in the municipal organization; q) the right of access to the Constitutional Court for protection of their rights recognized by the Constitution and by these bylaws. 2. The region has a right to participate when issues are concerned relating to:) in the definition, management and implementation of the general policy of the State, including the negotiation and conclusion of international treaties and agreements; (b)) in the processes of formation of the will of the State in the context of European integration. 3. rights of the region are also the remaining listed herein.

Article 8 rights of the Portuguese maritime areas Region 1. The region has the right to exercise in conjunction with the State management powers over the internal waters and the territorial sea belonging to the regional territory and that 38 are compatible with the integration of the goods concerned in the maritime public domain of the State. 2. The region is the competent authority for licensing, under the private use of property of the maritime public domain of the State, inert extraction activities, fisheries and renewable energy production. 3. The other powers recognized the Portuguese State on the maritime areas under the sovereignty or national jurisdiction adjacent to the Azores Islands, in accordance with the law and international law are exercised within the framework of shared management with the region, unless is the integrity and sovereignty of the State. 4. The goods belonging to the underwater cultural heritage located in the internal waters and the territorial sea belonging to the regional territory and have no known owner or which have not been recovered by the owner within a period of five years from the date on which the lost, abandoned or separated anyway, are the property of the region.

Article 9 right to petition government agencies own 1. All Portuguese citizens may, individually or collectively, to exercise the right of petition, aimed at government agencies in the region itself, for defending their rights, of the Constitution, of this Statute, other laws or the general interest, subject to the presentation of petitions, representations, claims or complaints. 2. The exercise of the right of petition requires the receiving entity to receive and review petitions, representations, claims or complaints, as well as communicating the decisions that are taken. 3. The exercise of the right of petition is free, and the collection of signatures and other acts necessary for your weight be hindered or prevented by any public or private entity, nor give rise to the payment of any taxes or fees. 4. The exercise of the right of citizens to petition government agencies own is established by regional legislative decree.

39 article 10 the subsidiarity principle the region assumes the functions that can proceed more efficiently and more suitable than the State.

Article 11 principle of cooperation between the Republic and the Republic and the region should cooperate with each other in the pursuit of their duties.

Article 13 principle of territorial continuity and outermost regions 1. The organs of sovereignty and government bodies in the region itself, in the exercise of their duties and responsibilities, should promote the Elimination of the structural, social and economic inequalities between Portuguese, caused by insularity and the remoteness of the region and of each and every one of the Islands in relation to the centers of power. 2. The outermost condition of the Azores in relation to national and community territories, characterized by insularity, by the small size and topography of the Islands by the climate and economic dependence on a small number of products, must constitute a determining factor in the definition and conduct of internal and external policy of the State.


Article 14 the Principle acquired autonomous 1. The regional autonomy process is gradual and progressive deepening. 2. the rights, duties and responsibilities in the region, resulting from the transfer operated by Republic legislation or established in regional legislation, cannot be subject to suspension, reduction or withdrawal on the part of the organs of sovereignty. 3. in exceptional cases, when serious reasons of public interest constitutionally protected, duly substantiated, so require, the suspension, reduction or withdrawal of rights, duties and responsibilities must be regional, in any case, preceded the hearing procedure qualified region.

40 article 15 principle of preference of the regional Law 1. The regional legislative decrees take precedence over legislative acts of the Republic, without prejudice of the legislative jurisdiction of the organs of sovereignty. 2. In the absence of local law, the legal regulations of the Republic.

Article 22 public Domain Status in the region the cessation of direct and effective allocation of public goods of the State public services not regionalized and maintaining this situation for a period of three years determines the automatic transfer to your heritage ball in the region, giving it the right to possession.

Article 34 Participation and monitoring in the process of building the European Union it is the Legislative Assembly, in the exercise of powers of participation and monitoring in the process of European integration: the) Set the broad guidelines for action in the region in the European construction process and monitor and assess the work carried out in this area by the Regional Government; b) participate in the process of European integration, through representation in the respective regional institutions and delegations involved in community decision-making, when matters are concerned they are the political and legislative competence your; c) interparliamentary cooperation in the European Union; d) oversee the application of the structural funds in the region and other regional programmes or national scope with incidence in the region; e) Participate, pursuant to law, in setting the appropriations to be allocated to local authorities and corresponding to the allocation of public resources invested in community programs specific to the region;

41 f) Enjoy half-yearly report of the Regional Government on the participation of the region in the European Union.

Article 39 legislative jurisdiction of transposition of legal acts of the European Union it is up to the Legislature to transpose legal acts of the European Union to the territory of the region, in matters of their own legislative powers.

Article 42 regional Referendum 1. It is up to the Legislature to propose a regional referendum to the President of the Republic. 2. The electoral college for the regional referendum consists of the set of voters listed on the territory of the region. 3. The regional referendum can cover issues of regional interest that are relevant to the legislative powers of the Legislative Council, with the exception of issues and acts of budgetary, tax or financial content. 4. The regional referendum is established by law.

Article 44 legislative initiative and referendum 1 regional. The legislative initiative and referendum is the responsibility of the regional Members, the groups and parliamentary representation, the Regional Government and in the terms and conditions set forth in the following article, the groups of voters. 2. members and groups and parliamentary representations may not submit projects or amendments of regional legislative decree or antepropostas of regional referendum involving, in the current financial year, expenditure increase or drop in revenue in the region provided for in the budget. 3. the projects and proposals of regional legislative decree or regional referendum rejected definitely cannot be renewed in the same legislative session. 4. the projects and proposals of regional legislative decree and regional referendum voted in legislative session in which they are presented does not require 42 be renewed following legislative sessions, except term of the legislature or dissolution of the Assembly. 5. The proposals of regional legislative decree and of referendum shall expire with the resignation of the Regional Government. 6. Committees may submit replacement texts, without prejudice of the projects and proposals to which they relate. 7. This article shall apply, mutatis mutandis, to the preliminary draft and antepropostas of law.

Article 45 legislative initiative and referendum of citizens 1. Citizens regularly included in voter registration in the territory of the region are the holders of the right of legislative initiative, the right to participate in the legislative procedure which give rise to the right of initiative and referendum. 2. The citizens ' legislative initiative can cover all the materials included in the legislative powers of the Legislative Council, with the exception of those which are nature or have budgetary or financial tax content. 3. the groups of voters cannot introduce legislative initiatives: a) Violate the Constitution of the Portuguese Republic or the present statutes; b) do not contain a specific definition of the meaning of the changes to be introduced in the legislative order; c) Involve, in the current financial year, expenditure increase or decrease budget revenues of the region. 4. The referendum of the citizens initiative may have as its object the substances referred to in paragraph 3 of article 42 and cannot engage in the ongoing financial year, expenditure or a reduction in revenue budget of the region. 5. The exercise of the right of initiative is free and may not be hindered or prevented by any public or private entity, the collection of subscriptions and other acts necessary for your gross, or give rise to the payment of any taxes or fees. 6. The right of legislative initiative of citizens is exercised through submission to the Legislative Assembly draft regional legislative decree, signed by a minimum of 1500 voters listed on the territory of the region, and the right of 43


referendum initiative by delivering anteproposta of referendum signed by a minimum of 3000 voters listed on the territory of the region. 7. The exercise of the right of legislative initiative and referendum of the citizens is defined by regional legislative decree.

Article 46 Discussion and voting 1. The discussion of projects and proposals of regional legislative decree and preliminary drafts or antepropostas of law comprises a general debate and other specialty. 2. The vote includes a general vote, a vote in the specialty and a final vote. 3. the projects of political-administrative Regulations and law on the election of Members of the Legislative Council are approved by a two-thirds majority of deputies in effectiveness of functions. 4. Require a two-thirds majority of the members present, since higher than the absolute majority of the Members in effectiveness of functions: a) the approval of the rules of procedure of the Legislative Council; b) the election of members of independent regional administrative entities that you fit designate; c) the election of sectoral regional providers. 5. Lack of an absolute majority of deputies in effectiveness of functions: a) the rejection of the Government's Regional program; (b)) approbation of motions of censure; c) rejection of motions of confidence; (d)) the creation or extinction of local authorities; e) the election of office-holders or bodies, on behalf of the region, provided for by law.

Article 48 political and administrative Organization of the region 44 1. It is up to the Legislature to legislate in the area of political and administrative organization of the region. 2. The political organization of the region it covers, in particular: the implementation of the Statute and) your rules; b) the Legislative Assembly organic; c) the system of preparation and organization of the budget of the region; d) the scheme for the application of the Statute of the holders of the organs of Government. e) interregional cooperation of national, European or international levels; f) the mode of designation of office-holders or bodies representing the region. 3. The administrative organization of the region it covers, inter alia: the Organization of the regional administration) direct and indirect, including autonomous scope and regime of the autonomous regional government workers and other agents of the region; b) the legal regime of public institutions, including the public foundations and the autonomous regional funds, public companies and private institutions of public interest to exercise their functions exclusively or predominantly in the region; c) the status of independent regional administrative entities; d) the creation of representative bodies of the Islands; and) creation and extinction of local authorities, as well as modification of the respective area, and elevation of the populations of towns or cities.

Article 49 tax Power own and adaptation of the tax system 1. It is up to the Legislature to legislate in matters of tax power your own and the adaptation of the national tax system. 2. Substances of tax power own and adaptation of the national tax system covering, in particular: a) the power to create and regulate taxes by setting its incidence, the rate, settlement, billing, tax, and benefits the taxpayer guarantees, in accordance with the Finance Act of the autonomous regions, 45 including the power to create and regulate betterment for taxing increases in value of immovable property arising from regional public works and investments and to create and other special contributions to make up the largest regional expenditure arising from private activities stressful or perpetrators of public goods or the environment; b) the power of adapting national taxes regional specificities in terms of incidence, rate, tax breaks and taxpayer guarantees, in accordance with the Finance Act of the autonomous regions; c) the power to release details about the collection of the taxes in force in the autonomous region of the Azores; d) the power to, in accordance with the Finance Act of the autonomous regions, decreasing the national rates of income taxes and value added tax and excise duties, in accordance with the laws in force; and) the power to determine the application of the autonomous region of the Azores, reduced rates of corporate income tax (IRC) defined in national legislation; f) the power to grant tax credits relating to commercial, industrial and agricultural profits reinvested by taxable persons; g) to authorize the Regional Government to grant temporary and conditional tax benefits relating to national and regional taxes, contractual arrangements, applicable to significant investment projects, in accordance with the Finance Act of the autonomous regions.

Article 50 autonomy of assets 1. It is up to the Legislature to legislate in matters of their own heritage and patrimonial autonomy. 2. The materials of its own heritage and patrimonial autonomy, covering, in particular: the private domain goods);

46 b) special schemes of expropriation and requisition, for public utility assets located in the region.

Article 51 Agricultural Policy 1. It is up to the Legislature to legislate in the area of agricultural policy. 2. The agricultural policy covers, in particular: the) agriculture, including organic farming, forestry, animal husbandry, as well as the agri-food sector; (b)) the regional agricultural reserve; c) pastures, uncultivated and forest reserves; d) the rural land consolidation and land structure of agricultural holdings; e) animal and plant health; f) research, development and innovation in agriculture, agro-forestry, including the genetic improvement and the use of genetically modified organisms; g) the defense, promotion and support of regional products, including the geographical designations of origin and of quality.


Article 52, Sea Fisheries and marine resources 1. It is up to the Legislature to legislate in matters of fisheries, sea and marine resources. 2. Substances, sea fisheries and marine resources include, inter alia: a) the conditions of access to inland waters and territorial sea of the territory of the region; b) fishery resources and other aquatic resources, including your conservation, management and exploitation; c) fishing in inland waters and territorial sea of the territory in the region or by vessels registered in the region; d) aquaculture and processing of fishery products in the region;

47 e) fishing vessels engaged in the activity in your internal waters and territorial sea of the territory in the region or that are recorded in the region; f) turntables; g) recreational marine activities, including the conditions of employment of recreational browsers; h) crews; I) licensing schemes, under the private use of property of the maritime public domain of the State, inert extraction activities and fishing.

Article 53 1 Commerce, industry and energy. It is up to the Legislature to legislate in matters of Commerce, industry and energy. 2. The matters relating to trade, industry and energy shall cover, in particular: the) regional markets and economic activity; b) supply arrangements; c) the promotion of competition; d) consumer protection and the promotion of the quality of regional products; e) alternative dispute resolution related to consumption; f) privatization and reprivatizações of public enterprises; g) modernisation and competitiveness of private companies; h) markets, fairs and trade in General, including catering and drinks establishments, the hypermarkets, as well as the respective calendars and timetables; I) crafts; j) licensing and supervision of industrial activity; l) installations for the production, distribution, storage and transport of energy and regional production energy, including renewable energy and energy efficiency.

Article 54 48 Tourism 1. It is up to the Legislature to legislate in the field of tourism. 2. The matter of Tourism covers, including: a) the system of tourist resources; b) training of human resources, including tourist activities and tourist professions, as well as the certification of schools and courses; c) legal regimes of tourism enterprises and agencies and tour and travel operators, including their classification, licensing and operation; d) the use of sites, tourist places or monuments of regional tourist interest, including marine areas classified with special interest for underwater tourism; and maritime-tourist activities); f) tourist investment; g) Declaration Regime of tourist and utility of interest to tourism; h) delimitation zones and game of chance, and its system of operation, supervision and sanctions framework; I) the system of designations of origin and of quality of equipment, activities and products of interest.

Article 55 infrastructures, transport and communications 1. It is up to the Legislature to legislate in matters of infrastructure, transport and communications. 2. The issues of infrastructure, transport and communications include, inter alia: a) social equipment; (b)) the scheme and public works contracts; c) concessions of public works and of public services; d) construction;

49 e) transit and traffic routes, including the setting of speed limits; f) ports, marinas and other civilian infrastructure; g) airports, airfields, heliports and other airport infrastructure; h) land transport, sea and air; I) telecommunications; j) postal and distribution of goods.

Article 56 environment and land management 1. It is up to the Legislature to legislate in matters of environment and land management. 2. The matters of the environment and spatial planning include, inter alia: a) the protection of the environment, promotion of the ecological balance and protection of nature and natural resources, including the supervision and monitoring of natural resources; b) protected areas and classified and the conservation and protection zones, marine and terrestrial; c) the regional ecological reserve; d) natural resources, including habitats, biodiversity, flora and fauna, geological, forestry and geothermal resources; and) environmental impact assessment; f) hunting and other hunting activities; g) water resources, including mineral and thermal waters, surface and groundwater, canals and irrigation systems; h) the collection, treatment and distribution of water; I) the collection, treatment and rejection of effluents; j) the collection, management, treatment and recovery of waste; l) the control of contamination of soil and subsoil; m) environmental quality control; n) information, awareness and environmental education; the) environmental associations;

50 p) the planning and territorial management instruments; q) urbanism, including the scheme of urbanization and construction and land use.

Article 57 solidarity and social security 1. It is up to the Legislature to legislate in matters of solidarity and social security. 2. The issues of solidarity and social security cover, inter alia: a) the management and the economic regime of social security; b) complement regional Institution, reform pension and social benefits; c) the regulation of social services, social support and social solidarity; d) arrangements for cooperation between the regional administration and the private social welfare institutions; e) combating social exclusion and promoting equal opportunities and social inclusion; f) support for citizens with disabilities; g) social action, volunteerism and the Organization of free time.

Article 58 1 Health. It is up to the Legislature to legislate in the area of health policy. 2. The corresponding health policy matters covering, inter alia: a) the regional health service, including your organization, planning, operation, financing and human resources; b) private activity and your health together with the regional health service; c) community and public health; d) preventive medicine, curative and rehabilitation; and) the licensing system and operation of pharmacies and access to medicine.

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Article 59 family and migration 1. It is up to the Legislature to legislate in matters of family support and migration. 2. The subjects of family support and migration include, inter alia: a) the protection of minors, the promotion of childhood and maternity support and paternity; b) support for the elderly; c) the integration of immigrants; d) support for migrant communities; e) associations and the dissemination of culture Portugal and the Azores in the diaspora; f) the reintegration of returning migrants.

Article 60 work and vocational training 1. It is up to the Legislature to legislate in matters of work and vocational training. 2. The matters relating to work and vocational training shall cover, in particular: a) the promotion of the fundamental rights of workers, unemployment protection, the guarantee of the exercise of trade union activity in the region and the establishment of a regional complement to the national minimum wage; b) individual and collective relations in the region; c) vocational training and the development of human resources, the collection and approval of professional qualifications and certification of workers; d) social dialogue and mechanisms for alternative resolution of industrial disputes.

Article 61 education and youth 1. It is up to the Legislature to legislate in matters of education and youth. 2. education and youth matters covering, inter alia: the 52) the regional educational system, including their organization, operation, human resources, equipment, administration and management of education and teaching establishments; (b)) the assessment at the regional educational system and curriculum; c) private activities of education and your connection with the regional educational system; d) school social action in the regional educational system; e) incentives to study and fight against school failure and abandonment; f) student and youth associations; g) mobility and youth tourism; h) Regulation and the management of activities and facilities for young people.

Article 62 1 culture and media. It is up to the Legislature to legislate in matters of culture and media. 2. The matters of culture and social communication include, inter alia: a) the historical heritage, ethnographic, artistic, monumental, architectural, archaeological and scientific; b) cultural equipment, including museums, libraries, archives and other cultural or artistic fruition spaces; c) the support and dissemination of theatrical creation and production, musical, audiovisual, literary and dance, as well as other types of intellectual and artistic creation; d) folklore; and) shows and public amusements in the region, including bulls and bullfighting traditions in its various manifestations; f) the cultural patronage; g) the media, including the financial support scheme; h) the exercise of the activity of the media.

Article 63 53 technological research and innovation 1. It is up to the Legislature to legislate in matters of research and technological innovation. 2. The technological research and innovation matters covering, inter alia: a) research centres and technological innovation, including your organization, coordination, operation, and support and accreditation schemes; b) support for research in science and technology; c) the training of researchers; d) the diffusion of scientific knowledge and technologies.

Article 64 1 Sport. It is up to the Legislature to legislate on sport. 2. The sport covers, inter alia: the regional sports and system) the system of sports information, including organization, administration, planning, funding and monitoring; b) professional sporting activity and unprofessional, including sports exchanges, school sport, the sport of high competition and sports volunteering; c) infrastructure, facilities and sports equipment; d) human resources in sport; e) sports patronage; f) the sports clubs and societies.

Article 65 Public Security and civil protection 1. It is up to the Legislature to legislate in matters of public order and security and civil protection. 2. Matters of public order and security and civil protection cover, inter alia: the 54) maintaining public order and security of public spaces, including the administrative police; b) the legal regime of dealer licensing; c) civil protection, firefighters, paramedics and emergency medicine; (d) monitoring and surveillance), seismological and meteorological oceanographic, vulcanológica, as well as the mitigation of geological hazards; and) assistance and surveillance on beaches and bathing areas and coastal relief.

Article 66 other matters 1. It is up to the Legislature to legislate in the following matters: a) the symbols of the region; b) Protocol and mourning; c) regional holidays; d) the establishment and status of sectoral regional providers; and) the foundations of private law; f) the institution of additional remuneration to employees, agents and other employees of the regional autonomous administration; g) the policies and the promotion of equal opportunities; h) special schemes unlawful acts of mere social and their ordering process; I) The Special schemes for rural and urban lease; j) systems of incentives and procurement Manager of incentives in cases of structuring investment or strategic value to the economy; l) relevant foreign investment; m) the system of public-private partnerships in which acts in the region; n) statistics; the) marketing and advertising; p) the prevention and road safety. 2. The Legislative Assembly also competes legislate, for the region and in implementation of the principle of subsidiarity, in other matters not reserved for organs of sovereignty.

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Article 68 1 dissolution of the Assembly. The Legislature can be dissolved by the President of the Republic, heard the Council of State and the parties it represented. 2. The dissolution can occur, in particular by: a) Impossibility of formation of Regional Government, notably by twice occurs any of the situations referred to in paragraph 1(e)), f) and (g)) of article 85(1) or pursuant to paragraph 3 of that article; (b) Serious political and constitutional instability). 3. The Legislative Assembly may not be dissolved within six months after your election or for the duration of a State of siege or a State of emergency in the region. 4. Non-compliance with the preceding paragraph determines a lack of legal decree of dissolution. 5. The dissolution of the Legislative Assembly does not affect the livelihood of the term of Office of the Members, or the competence of the Standing Committee, to the first meeting of the Assembly after the subsequent elections. 6. In case of dissolution of the Legislative Assembly, elections are held within 60 days, under pain of legal non-existence of that Act. 7. The Legislative Assembly elected after dissolution begins new term and new legislative session whose respective duration is initially increased the time needed to complete the period corresponding to the ongoing legislative session on the date of election.

Article 94 timing the time of exercise of any political office in the organs of Government of the Region in addition to the exercised as holder of political office in the organs of sovereignty.

Article 95 registration of interests 1. Is created a public register of interests in the Legislative Assembly, to be regulated by regional legislative decree.

56 2. The register of interests is the inscription, in document itself, all activities of holders of political offices which may be considered in terms of incompatibility or impediment. 3. the register is public and can be consulted by anyone who so requests.

Article 98 Members not engaged permanently 1. Members may choose not to be permanently assigned to the Legislative Council. 2. In the case referred to in the preceding paragraph, the representative is obligatorily assigned to the Legislature only during operation of the Plenary or during the performance of work or official missions for which has been specially elected or appointed. 3. Members not engaged permanently to the Legislative Council are entitled to exemption from all professional activities, public or private:) during operation of the Plenary of the Assembly, the Bureau and the committees or representatives to which they belong; b) During the five days preceding the Plenary of the Assembly or your departure and during the same period of time following the end of the plenary or of your return in your constituency; c) up to five days per month, followed or interpolated, in your constituency; d) During the visit to your residence at the end of each week of work of the Assembly, either in Plenary or in committees; and travel between) during your residence and the circle that was elected, if these do not coincide and the Member resides in the region up to five times by legislative session; f) During the movement between your residence and the islands of the region, in particular for the purposes set out in paragraph 2 of article 31, once a year.

57 Article 99 journeys Travel incurred in the performance of their duties or because of them, the members shall be entitled to the corresponding transport, life insurance and emergency medical assistance.

Article 100 1 Incompatibilities. Are incompatible with the exercise of the mandate of a Deputy to the Legislative Council the following positions or functions: a) President of the Republic, Deputy to the Assembly of the Republic and member of the Government of the Republic; b) representative of the Republic and member of the Regional Government; c) member of the Constitutional Court, the Supreme Court of Justice, the Supreme Administrative Court, the Court of Auditors and the Supreme Judicial Council and the Ombudsman; d) member of the European Parliament; and) Ambassador; f) Governor and Lieutenant Governor; g) President and Councillor full-time or half-time Town Hall; h) employee of the State, the region or another public body; I) member of the National Commission of elections; j) member of Cabinet of the Government of the Republic, the representative of the Republic or the Regional Government or legally equated; l) Employee of an international organization or a foreign State; m) President and Vice President of the economic and Social Council and of the economic and Social Council of the Azores; n) sectoral regional Providers; the) member of the management organ or administration of independent regulatory authority, public enterprise or public institution. 2. The provisions of paragraph h) of the preceding paragraph does not apply to the free exercise of functions of teachers in higher education, research or relevant social interest 58 if previously authorized by the competent Parliamentary Committee of incompatibilities and impediments.


Article 101 1 Impediments. The Member of the Legislative Council can exercise other activities, within the limits of these regulations and the law, and must communicate the nature and your ID to the Constitutional Court and the Parliamentary Committee responsible for incompatibilities and impediments. 2. Without prejudice to the provisions laid down in law, is preventing the exercise of the mandate of Member of the Legislative Assembly: the) participation in organ with managerial or administrative functions of dealers that have activity in the region; b) Presidency of executive body of association or private foundation that has financial cooperation agreement lasting nature with the State, the region, the local authorities or other public bodies. 3. Without prejudice to the provisions laid down in law, it is also forbidden to members: to) Participate in trade or industry activity, directly or indirectly, in particular by the spouse not separate terms or through entity in which holds relevant stake or dominant influence in open procedures is compulsory, under the law, the various contestants or candidates in the context of the formation of public contracts which cover services which are or may be subject to market competition and the contracting authority is the region, the local authorities of the Azores or any entity integrated into their indirect administrations; b) Exercise judicial mandate as author in civil proceedings, in any jurisdiction, against the region; c) Sponsor foreign States; d) Benefit, personnel and wrongly, of acts or take part in contracts whose formation process involved organs or services placed under direct your influence; and) Appear or participate in any way in acts of commercial advertising.

59 4. Mr lacks authorization of the Legislative Assembly, under penalty of preventing, through the competent Parliamentary Committee, to: a) Be referee, juror, expert or witness; b) Be holder of Office of government appointment. 5. the authorisation referred to in point (a)) of the preceding paragraph shall be requested by the competent judge or by the instructor of the process, in document addressed to the President of the Legislative Council, being the deliberation preceded by hearing by Mr. 6. Must not be allowed to exercise the function of expert or arbitrator under paid in any process in which are part of the region, the local authorities of the Azores or any entity integrated into their administrations indirect. 7. The infringement of the provisions of paragraphs 1, 2 and 3 and 4 of this article shall, for the Member concerned, without prejudice to your liability to other titles: a) warning; b) suspension of the mandate for the duration of the impediment, for a period of not less than 50 days; c) mandatory reset of the total remuneration to the holder receives for the exercise of public functions, since the moment and while the offside situation.

Article 102 control of impediments and incompatibilities Checked any impediment or noncompliance by the competent Parliamentary Committee on the basis of matter and approved its opinion by the plenary, the Member is notified to, within 30 days, put an end to that situation.

Article 104 limitation of mandates of the President of the Regional Government 1. The President of the Regional Government can only be nominated for three consecutive terms. 2. The President of the Regional Government, after completed the mandates referred to in the preceding paragraph, can not assume new term during the four year period immediately following the last consecutive term allowed.

60 3. In the case of resignation, during your third consecutive term, President of the Regional Government cannot be appointed as a result of immediate elections or taking place in the period immediately following the resignation.

Article 105 general principles for relations between the region and other public legal persons shall be governed according to the principles of cooperation, information sharing and transparency, institutional loyalty, national solidarity, subsidiarity and decentralisation.

Article 106 instruments of cooperation with the region and the Republic, within their respective competence, may conclude agreements and make use of any other means of cooperation in pursuit of their common objectives. Article 107 1 cooperation agreements. The region and the State, represented by the Regional Government and the Government of the Republic, respectively, may conclude legally binding agreements on matters of common interest with the objectives, sectoral or general scope, mixed bodies, public or private enterprises of mixed capital, carrying out plans, programmes or projects, or collections of management or exploitation of services corresponding to their duties. 2. agreements involving the pursuit, by region, of the State assignments are accompanied by the transfer to the sufficient financial means. 3. After your celebration, agreements involving changes in the distribution of tasks and powers between the region and the State must be approved by law or, on matters not covered by absolute reserve of competence of the Assembly of the Republic, by decree-law.

61 Article 108 participation in bodies of the Republic the region participates in establishing, leading and implementing the general policy of the State on matters concerning him/her through the competent bodies, in accordance with the provisions in these bylaws and in the law.


Article 109 delegation of powers of the Government of the Republic on Regional Government 1. In matters whose regulatory competence is reserved for the Government of the Republic, under the Constitution, can this delegate, through resolution of the Council of Ministers, the competence for the exercise of administrative function, in whole or in part, in the Regional Government. 2. The competence for the exercise of administrative function, for the purposes of the preceding paragraph, covers the issuance of regulations, the practice of administrative acts and administrative contracts, as well as the joint exercise of powers. 3. The Government of the Republic may also delegate the power of Regional Government coordination of State services in the region with the regional services. 4. The delegation of powers provided for in paragraph 1 of this article shall not extinguished by the change of holders of the Government of the Republic or of the Regional Government. 5. The instrument of delegation of powers of the Government of the Republic on Regional Government applies the provisions of the code of administrative procedure shall apply mutatis mutandis.

Article 110 relations with local and regional authorities, through the Regional Government, can establish special relations of coordination, collaboration or cooperation, including through the conclusion of agreements with other public bodies, including the autonomous region of Madeira, administrative regions and other local authorities and their associations, applying the arrangements foreseen for the conclusion of cooperation agreements with the State mutatis mutandis.

62 article 111 hearing by the President of the Republic about the political powers 1. The Legislative Assembly must be heard by the President of the Republic before the appointment or dismissal of the representative of the Republic in the region. 2. The Legislative Assembly, the President of the Regional Government and the parliamentary groups and representations of the Legislative Council shall be heard by the President of the Republic before the dissolution of the Legislative Assembly and marking the date for regional elections or referendum. 3. The President of the Legislative Council and the President of the Regional Government must be heard by the President of the Republic before the Declaration of a State of siege or of emergency on the territory of the region. Article 112 Hearing by the Assembly of the Republic and by the Government on political powers to Parliament and the Government must listen to the region through the Regional Government, about the performance of their duties and responsibilities, as well as policies when participating, within the framework of the Community institutions in the exercise of political powers, on matters concerning the region.

Article 113 hearing on the exercise of legislative powers 1. The approval of laws and decree-laws applicable in the region must be preceded by a hearing of the Legislative Council on matters concerning him. 2. in addition to the legislative jurisdiction of the Legislature itself, matters which relate to the region, in particular: a) the policies relating to internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf contiguous to the Islands; b) tax policies, monetary, financial and exchange rate policy, so as to ensure the regional control of the means of payment in circulation and the financing of investments necessary to your economic and social development;

63 c) the scheme of the regional referendum; d) the regional finance scheme; and) the status of local authorities of the Azores and their financing; f) general scheme of preparation and organisation of the regional budget; g) definition and system of regional public domain goods and State public domain situated in the regional territory; h) the Organization in judicial region; I) public safety and the Organization of the security forces in the region; j) the planning and regulation of land use planning and urban design, with regard to the regional territory; l) regional Scheme of integrated production cooperative and social sector. 3. Taking into account the legislative competence of your development, the region, through the Legislature, must also be heard by Parliament when this exercise the legislative powers your about: the foundations of the education system); b) Foundations of the social security system and the national health service; c) foundations of the system of protection of nature and the ecological balance; d) Bases of cultural heritage; and agricultural policy); f) foundations of the regime and under the civil service; g) General Bases of the system of public enterprises and public foundations; h) foundations of regional planning and urbanism.

Article 114 hearing on administrative powers for the Government of the Republic shall hear the region through Regional Government, on the exercise of administrative powers, as well as when to participate, within the framework of the Community institutions in the exercise of administrative powers, on matters concerning the region.

64 Article 115 form and time limit of hearing 1. The Government pronounced itself by issuing reasoned opinion. 2. In situations of emergency declared by the manifest sovereignty or as appropriate, in particular the one-person organs, the hearing may be made by oral way. 3. The organs of sovereignty can determine the confidential nature of the hearing when the nature of the situation or of matter warrant or when national defense is concerned. 4. The deadline for the pronunciation should be reasonable and is set by the organ of sovereignty, but may not be less than 15 days to the Regional Government and 20 days for the Legislature. 5. The time limits laid down in the preceding paragraph may be extended when the complexity of the matter so warrants, or shortened, in situations of urgency duly substantiated expresses declared by the sovereignty and, except as provided in paragraph 2, be shorter than 5 days. 6. The Government agencies own may request an extension of the deadline granted by the organ of sovereignty to give, through reasoned decision. 7. Can be agreed other forms of hearing of government agencies own about the activity of the organs of sovereignty with respect to the region, as well as the terms of your collaboration in this activity.


Article 116 qualified Hearing 1. The Assembly of the Republic and the Government have adopted a qualified hearing procedure in the following cases: a) legislative initiatives which may be desconformes with any norm of this Statute; (b) legislative or regulatory Initiatives) aimed at the suspension, reduction or elimination of duties, assignments or regional competences, in accordance with paragraph 3 of article 14;

65 c) legislative initiatives for the transfer of duties or responsibilities of the State administration to local authorities of the Azores, in accordance with article 132. 2. The qualified hearing procedure begins with the submission to the competent of the proposal itself or Government draft Act accompanied by a special and sufficient grounds for the proposed solution, in the light of the principles of the primacy of the Statute, the acquired autonomous and subsidiarity. 3. Within the time limit indicated by the sovereignty concerned, which can never be less than 15 days, the Government body competent issuing reasoned opinion itself. 4. In the case of the seem to be unfavourable or non-acceptance of the amendments by the sovereignty concerned, must constitute a bilateral Committee with an equal number of representatives of sovereignty and of the Government itself, to formulate, by common accord, an alternative proposal, within 30 days, unless otherwise agreed. 5. Since the period referred to in the preceding paragraph, the organ of sovereignty decides freely.

Article 117 pronunciation of government agencies own 1. The Government agencies own can still, for your initiative, comment on matters within the competence of the organs of sovereignty concerning the region, through the issue of a reasoned opinion. 2. The organs of sovereignty must be taken into consideration in your performance pronunciations by own Government issued pursuant to the preceding paragraph.

Article 118 the region's Participation in the foreign policy of the Republic 1. The region through Regional Government takes part in the determination and implementation of foreign policy of the Republic when matters are concerned concerning him. 2. Are matters concerning the region, for the purposes of paragraph 1, in particular: (a)) relating to its duties or powers;

66 b) policies relating to the territorial sea, the exclusive economic zone and the continental shelf; c) fiscal policies, monetary, financial and exchange rate policy, so as to ensure the regional control of the means of payment in circulation and the financing of investments necessary to your economic and social development; d) the condition of outermost region and insularity; and) the use of military bases in the region; f) public security in the region; g) fishing and agricultural policy, when on the territory of the region; h) the regulation of protected designations of origin, protected geographical indications or other systems of protection and valorization of products and brands in the region; I) environmental policy, resource management and protection of the fauna and flora of the region; j) international trade, when focusing on products of regional production; l) investments in the region; m) the cultural heritage in the region; 3. in the context of the right of participation referred to in paragraph 1 of this article, the region has the right to: a) request the Republic the celebration or the adherence to international treaties or agreements that are appropriate to the achievement of the fundamental objectives of the region; b) Be informed, by the Republic, the negotiation of treaties or agreements; c) Participate, integrated into the Portuguese delegation in negotiating treaties or international agreements and other international negotiations or summits; d) Participate in the Portuguese representations before international organizations; and) to the organs of sovereignty, through the Legislative Council or Regional Government, the observations and proposals relevant to understand in the context of the above this paragraph. 4. In the context of their own duties and responsibilities, the region must perform, in your territory, the international treaties and agreements, as well as binding decisions of international organizations.

67 Article 119 participation in European integration 1. The region is entitled to participate in the processes of formation of the will of the Portuguese State in the context of European integration when are concerned matters concerning him, pursuant to paragraph 2 of the preceding article. 2. For the purposes of the preceding paragraph, the region has the right to: a) Integrate the delegations of Portuguese State for negotiations in the context of the review of law originating in the Union, the adoption of new treaties, or the decision-making process; b) participate in the Committee of the regions, through the President of the Regional Government or who for him is indicated, as well as to other bodies of the Union; c) Be consulted, through the Legislature, on the regulatory initiatives of the Union in the framework of the procedure of verification of compliance with the subsidiarity principle, when these affect their duties and responsibilities or your outermost condition; d) Be informed, by the organs of sovereignty, of the initiatives or proposals that these present before European institutions, or in procedures which are directly involved; and) establish relations of collaboration, through the Legislative Council, with the European Parliament; f) proposing legal action in the European institutions, to the extent of your legitimacy or request the use of the Middle Republic proper judicial community courts to defend their rights. 3. When issues are concerned that say exclusively to the region, the State should ensure him a dominant position in their negotiations. Article 120 external cooperation of the region 1. The region, through the Regional Government and under the guidance and supervision of the Legislative Council, carries out the action in your foreign policy and Foreign Affairs, defense and promotion of the interests which they constitutionally and statutorily proceed.

68 2. The region coordinates your international activities with the guidelines defined by the organs of sovereignty with competence in the field of foreign policy. 3. the external representation of the State provide to the region all the aid necessary for the continuation of your policy of external cooperation.


Article 121 External Relations with other entities 1. In the context of its external relations with other entities, the region, in particular: a) boost development of cultural, economic and social ties with the territories where Portuguese migrant communities resident from the region and their descendants or they come from immigrant communities residing in the region; b) Develop privileged relations with entities of the Portuguese-speaking countries, in particular through participation in projects and cooperation activities within the framework of the community of Portuguese Language countries; c) establish relations of cooperation and collaboration with organizations of European States, in particular, of European Union Member States, namely in terms of the provision and operation of public services; d) develop partnerships with other outermost regions, particularly in the context of European territorial cooperation programmes and deepen cooperation within the Macaronesia; and Participate in international organizations) relating to foster dialogue and interregional cooperation. 2. Under the preceding paragraph, the region can, through the Regional Government, establish or access agreements with entities of other States.

Article 126 independent regional administrative bodies 1. The region can, within the framework of its tasks and through regional legislative decree, to create independent regional administrative entities, where the nature of the administrative activity concerned justifies it.

69 2. Independent regional administrative entities may assume functions of regulation, oversight and supervision. 3. The independent regional administrative entities are legal persons governed by public law and have budgetary and financial autonomy. 4. The specific scope of your performance, composition, organization and functioning are regulated by regional legislative decree.

Article 127 sectoral regional Providers 1. The region can create sectoral regional providers, while respecting the powers of the Ombudsman and in coordination with this, to receive complaints from citizens for actions or omissions of bodies or autonomous regional administration services, public or private organisms that depend on private companies entrusted with the management of regional public services or carrying out activities of General or universal interest at the regional level. 2. sectoral regional providers can address the recommendations that understand the entities referred to in the preceding paragraph and exercise the other powers assigned to them by regional legislative decree. 3. sectoral regional providers are elected by the Legislative Council and have an independent status. 4. The creation of a sectoral regional provider does not involve any restriction of the right to complaint to the Ombudsman or to their skills.

Article 128 the Azores economic and Social Council 1. The economic and Social Council of the Azores is the collegial body of independent advisory and follow-up with the Government agencies for economic matters, labour, social and environmental development, aiming to foster the dialogue between civil society and political power. 2. The economic and Social Council of the Azores participates in the elaboration of economic and social development plans, exercises functions of social dialogue and can decide, at the request of government agencies own or by your initiative, on the matters of your competence.

70 3. The composition, powers, organization and functioning of the economic and Social Council of the Azores are regulated by regional legislative decree, guaranteeing the equal participation of social groups, economic and business professionals in the region.

Article 129 general principles of State administration in the region 1. The administration of the State in the region is organized in order to combat the negative consequences of insularity and remoteness of the archipelago and takes into account regional specificities. 2. The State ensures a balanced distribution of its services between the various islands. 3. The region may request the State to set up regional delegations in the context of your direct or indirect administration, when your nature or its attributions justify it.

Article 131 relations with local authorities of the Azores 1. The region has special relations of cooperation, coordination and collaboration with local authorities and their associations located in your territory. 2. The region encourages the establishment of intermunicipal cooperation mechanisms in your territory.

Article 132 administrative competence of the region reserve the transfer of tasks and competencies of the State administration to local authorities of the Azores should take into account regional specificities, in compliance with the principle of subsidiarity and should be, in any case, preceded the hearing procedure qualified region.

71 Article 134th legislative initiative this reserve Status can only be revised at the initiative of the Legislative Council, through the elaboration and adoption of a draft law to be submitted to Parliament.

135.3 project preparation 1. The opening of the process for reviewing the Statute belongs to members. 2. The assumption of powers of statutory review, the definition of the respective procedure and the consequent opening of Status review is deliberate by the absolute majority of deputies in effectiveness of functions.

Article 136 of the draft Assessment by the Assembly of the Republic 1. The Assembly of the Republic, while enjoying the draft Statute, should hear the Legislative Assembly whenever deemed appropriate. 2. The Legislative Assembly designates a representative delegation of parties who have to present the draft revision of the staff regulations to the Assembly of the Republic, which may ask to be heard by the President of the Assembly of the Republic, by the Advisory Committees to discuss the project, by groups or by members at any time of the legislative procedure in the Assembly of the Republic. 3. The Council may decide, by an absolute majority of deputies in effectiveness of functions, withdraw the draft revision of the staff regulations, to the close of voting in the specialty.


137 Amendment of the project by the Assembly of the Republic 1. If the Assembly of the Republic to amend the draft Statute must refer it to the Legislative Council in order to enjoy all the changes made and about they send sound.

72 2. The powers of the review by the Assembly of the Republic Status are limited to statutory norms on which covers the initiative of the Legislative Assembly.

Article 138 new text of Statute changes the Statute are inserted in the proper place, by the replacements, deletions and additions required, being the Statute, in your new text, published jointly with the law. "

Article 5 designation of entities amendments 1. The term ' Regional Legislative Assembly ' in Political and administrative Status of the autonomous region of the Azores in the law No. 39/80, of August 5, with the amendments introduced by law No. 9/87, of 26 March, and by law No. 61/98, of 27 August, shall be replaced by the term ' Legislative Assembly '. 2. The words ' Minister of the Republic ' in Political and administrative Status of the autonomous region of the Azores in the law No. 39/80, of August 5, with the amendments introduced by law No. 9/87, of 26 March, and by law No. 61/98, of 27 August, is replaced by ' Representative of the Republic».

Article 6 amendments to the systematic organization of the Political and administrative Status of the autonomous region of the Azores 1. Title I political-administrative Status of the autonomous region of the Azores shall as epigraph «Azores» and to cover the articles 1 to 9. 2. Title II of the political-administrative Status autonomous region of the Azores is how headed ' fundamental principles ' and the cover articles 10 to 15, being suppressed to your division into chapters and sections. 3. Title III of the political-administrative Status autonomous region of the Azores is how headed ' economic and financial Regime ' and the cover articles 16 to 23, being introduced the following changes: the 73) the your chapter I shall like headed ' general principles ' and the cover articles 16 and 17, being suppressed to your division into sections; b) the your chapter II as headed ' financial autonomy of the region and to include articles 18 to 20; c) chapter III is added with the epigraph: ' autonomy of assets of the region, including articles 21 to 23;

4. Title IV of the political-administrative Status autonomous region of the Azores is how headed ' government agencies own» and to cover the articles 24-104, being introduced the following changes: a) chapter I is added with the epigraph: ' Legislative Assembly ', comprising articles 24 to 74, which is divided into: i) section I, which is as follows : ' Status and ' election, covering articles 24 to 32; II) section II, which is as follows: "competence", comprising articles 33 to 66, added a subsection (I), with the title: ' general competence, covering articles 33 to 47, and a subsection II, with the title: ' substances of legislative jurisdiction own», covering articles 48 to 66; III) section III, which is now added, with the heading: "Organization and functioning», covering articles 67 to 74; b) chapter II is added with the epigraph: ' Regional ' Government, covering articles 75 to 90, which is divided into: i) section I, which is now added, with the epigraph: ' function, structure, training and responsibility ', covering articles 75 to 86; II) section II, which is now added, with the heading: "competence", comprising articles 87 to 90; c) chapter III is added with the title: «status of holders of political office ', covering articles 91 to 104, which is divided into: i) section I, which is now added, with the epigraph: ' common provisions ', covering articles 91 to 95;

74 ii) section II, which is now added, with the epigraph: ' Statute for members of the Legislative Council ', covering articles 96 to 102; III) section III, which is now added, with the heading: "status of members of the Regional Government, covering articles 103 and 104;

5. Title V of the political-administrative Status autonomous region of the Azores is as follows ' list in the region with other public authorities ' and the cover articles 105 to 117, being introduced the following changes: a) the your chapter I reads as follows ' cooperation in General» and the cover articles 105 to 110; b) the your chapter II as headed ' hearing of selfgovernment by organs of sovereignty ' and cover articles 111 to 117;

d) the systematic division of title V fails to contain a chapter III.

6. Title VI Administrative-political status autonomous region of the Azores is headed ' international relations as the region ' and the cover articles 118 to 121, being suppressed to your division into chapters.

7. Title VII is added to the political-administrative Status autonomous region of the Azores with the epigraph: ' Government ' Organization, which covers articles 122 to 133, containing: a) A chapter I, with the epigraph: ' autonomous regional Administration», covering articles 122 to 124; b) A chapter II, with the title: ' other regional organs», covering articles 125 to 128; c) A chapter III with the heading: ' State ' administration, covering articles 129 and 130;

75 d) A chapter VI with the title: «Local Government», covering articles 131 to 133.

8. Title VIII is added to the political-administrative Status autonomous region of the Azores with the epigraph: ' Status review», covering 134 to 138 articles.

TITLE II transitional and final provisions article 7 transitional arrangements in the public domain of the State in the region to count the period referred to in article 22 of the Political and administrative Status of the autonomous region of the Azores, republished in annex, for the purpose of transfer of goods in the public domain from the State to the region's heritage ball by cessation of direct and effective allocation of the right to public services the State regional starts with the entry into force of this law.

Article 8 transitional Regime of limitation of mandates of the President of the Regional Government


The President of the Regional Government, if it is to fulfill the third consecutive term at the time of entry into force of this law, can be nominated for another consecutive term.

Article 9 transitional Regime of incompatibilities and impediments the current regime concerning incompatibilities and impediments of holders of political office of the Government of the autonomous region of the Azores shall remain in force until the first day of the next term of the Legislative Council of the autonomous region of the Azores.

76 article 10 Other transitional provisions 1. While it is not the governing law of the regional referendum referred to in paragraph 4 of article 42 of the political and Administrative Status of the autonomous region of the Azores, republished in annex shall apply, mutatis mutandis, the law of the Republic governing the nationwide referendum. 2. Pending approval of the regional legislative decree provided for in paragraph 7 of article 45 of the political-administrative Status of the autonomous region of the Azores, republished in annex, applies, mutatis mutandis, the law of the Republic governing the citizens ' legislative initiative by the Assembly of the Republic, pursuant to article 167 of the Constitution. 3. Pending approved regional legislative decree provided for in subparagraph (c)) of paragraph 2 and in paragraph 4 of article 125 of the Political and administrative Status of the autonomous region of the Azores, republished in annex, the representative bodies of the Islands are the Island Councils, keeping your legal regime in force.

Article 11 Repeal Are revoked by paragraph 2 of article 2, articles 7, 8, 14, 15, 16, 17, 19, 25, 31, 38, 39, paragraphs 1 and 3 of article 41, articles 45, 54, 56, 57, 59, paragraph 2 of article 64, paragraph 1 of article 67, articles 69, 70, 71, 72, 73, 74, 75 , 76, 77, 78, 79, 80, 81, 82, 83, 84, 95, 101, 103, 104, 105, 108, 109, 111, 114 and 115 of the Political and administrative Status of the autonomous region of the Azores.

Article 12 Republication political-administrative status of the autonomous region of the Azores, with the current wording, is republished in annex, which is an integral part of this law.

77 article 13 Beginning of this draft law shall enter into force on the day following your publication.

Approved by the Legislative Assembly of the autonomous region of the Azores, in the garden, on October 31 2007.

The President of the Legislative Council of the autonomous region of the Azores, Fernando Manuel Machado Menezes political-administrative STATUS of the AZORES REGION AUTÓMOMA Preamble Recognizing the historic aspirations of the people of the Azores that autonomy for more than a century, began the fight for the right to freedom of administration of the Azores by Azoreans;

78 Honoring the memory of the first autonomists who claimed the Azorean identity and unity of your People and honoring the enormous battle of all, succeeding them in time, maintained and keeps alive the autonomist ideal; Asserting if heirs of those who historically resisted the isolation and abandonment, weather and other cataclysms of nature, material shortages and cycles to various setbacks, forging a unique and proud portuguesismo that dared to name of Açorianidade; Sharing with the other Portuguese victory and the establishment of democracy which enshrined the constitutional recognition of the political and legislative Autonomy of the Azores; Proclaiming that the autonomy expressed the Azorean identity, the free exercise of your self-government and the promotion of the welfare of your people; Exercising a constitutional prerogative, the Azorean People, through their legitimate representatives, proposed to Parliament the Political and administrative Status of the autonomous region of the Azores which, accordingly, has approved.

The AUTONOMOUS REGION of the AZORES, title I article 1 1 regional autonomy. The Azores archipelago is an autonomous region of Portugal, endowed with legal personality under public law. 2. The political autonomy, legislative, administrative, financial and patrimonial of the region exercises within the framework of the Constitution and of this Statute. Article 2 region 1. The territory of the autonomous region covers the Azores archipelago, composed of the islands of Santa Maria, São Miguel, Terceira, Graciosa, São Jorge, Pico, Faial, Flores and Corvo, and its islets.

79 2. Are an integral part of the regional territory the internal waters, the territorial sea and the continental shelf contiguous to the archipelago. Article 3 fundamental objectives of autonomy the region continues, through the action of the organs of Government, itself the following objectives: a) the free and democratic participation of citizens; b) the strengthening of national unity and of the bonds of solidarity between all the Portuguese; c) advocacy and promotion of identity, values and interests of the people of the Azores and of your historical heritage; d) the economic and social development of the region and the well-being and quality of life of the populations, based on economic, social and territorial cohesion and convergence with the rest of the country and with the European Union; and) the guarantee of the balanced development of each and every one of the Islands; f) mitigation of adverse effects of the outermost location of the region, of insularity and isolation; g) the adaptation of the national tax system to the region, in accordance with the principles of solidarity, fairness and flexibility and achieving a fiscal own constituency; h) the gross weight of fundamental rights constitutionally enshrined; I) the protection of the right to work, promoting the reconciliation of family life and work; j) universal access, under equal conditions and quality, educational systems, health and social protection; l) the promotion of higher education, and appropriate to the needs of the multipolar region; m) the defence and protection of the environment, nature, landscape, territory and natural resources; n) the institutional recognition as your outermost region and the consolidation of European integration; the) promotion and strengthening of economic, social and cultural ties with the Azorean communities residing outside the region.

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Article 4 Symbols of the region 1. The region has a flag, coat of arms, seal and anthem, approved by the Legislative Council. 2. The symbols of the region are due respect and consideration for all. 3. The flag and the anthem of the region are used in conjunction with the corresponding national symbols and with the safeguarding of precedence and highlight that these are due. 4. The flag is hoisted on the premises the organs of sovereignty in the region and of government agencies or entities governed by them, as well as the local authorities of the Azores. 5. the use of the symbols of the region is regulated by regional legislative decree. Article 5 Government agencies own 1. Are government agencies of the region to the Legislative Council and the Regional Government. 2. The Government of the Region are based on the will of the people of the Azores, democratically expressed, and participating in the exercise of political power. Article 6 representation of the Region 1. The region is represented by the President of the Legislative Council. 2. The region is still represented by the President of the Regional Government or by whom he is appointed, in the cases provided for in the Constitution and in laws and arising from the exercise of powers of the Regional Government. Article 7 rights of the Region 1. Are rights in the region, in addition to those listed in paragraph 1 of article 227.º of the Constitution: 81 a) the right to political autonomy, legislative, administrative and financial assets; (b)) the right to fair compensation and positive discrimination with a view to mitigating the costs of insularity and remoteness of the region; c) the right to cooperation of the State and other public entities in pursuit of its mission, in particular through the conclusion of cooperation agreements; d) the right to information which the State or other public entities have linked with the region; and the right to public domain) and regional private; f) the right to a judicial organization that takes into account the specificities of the region; g) the right to always be heard by organs of sovereignty and to decide on its own initiative, on matters falling within the competence of those relating to the region; h) the right to have a significant stake in the benefits arising from treaties or international agreements concerning the region; I) the right to its own foreign policy with foreign regional entities, in particular in the framework of the European Union and the deepening of cooperation in the area of Macaronesia; j) the right to establish agreements with foreign and regional entities to participate in international dialogue and interregional cooperation; l) the right to a public administration with own frames set by region, as well as the guarantee of workers ' mobility between the various public administrations; m) the right to the recognition of administrative complexity arising from your arquipelágico character to the level of the autonomous regional administration and the organisation of State services in the region; n) the right to create independent administrative entities; the) the right to create sectoral regional providers; p) the right to the recognition of the specific reality of island in the municipal organization;

82 q) the right of access to the Constitutional Court for protection of their rights recognized by the Constitution and by these bylaws. 2. The region has a right to participate when issues are concerned relating to:) in the definition, management and implementation of the general policy of the State, including the negotiation and conclusion of international treaties and agreements; (b)) in the processes of formation of the will of the State in the context of European integration. 3. rights of the region are also the remaining listed herein. Article 8 rights of the Portuguese maritime areas Region 1. The region has the right to exercise in conjunction with the State management powers over the internal waters and the territorial sea belonging to the regional territory and that they are compatible with the integration of the goods concerned in the maritime public domain of the State. 2. The region is the competent authority for licensing, under the private use of property of the maritime public domain of the State, inert extraction activities, fisheries and renewable energy production. 3. The other powers recognized the Portuguese State on the maritime areas under the sovereignty or national jurisdiction adjacent to the Azores Islands, in accordance with the law and international law are exercised within the framework of shared management with the region, unless is the integrity and sovereignty of the State. 4. The goods belonging to the underwater cultural heritage located in the internal waters and the territorial sea belonging to the regional territory and have no known owner or which have not been recovered by the owner within a period of five years from the date on which the lost, abandoned or separated anyway, are the property of the region.

83 article 9 right to petition government agencies own 1. All Portuguese citizens may, individually or collectively, to exercise the right of petition, aimed at government agencies in the region itself, for defending their rights, of the Constitution, of this Statute, other laws or the general interest, subject to the presentation of petitions, representations, claims or complaints. 2. The exercise of the right of petition requires the receiving entity to receive and review petitions, representations, claims or complaints, as well as communicating the decisions that are taken. 3. The exercise of the right of petition is free, and the collection of signatures and other acts necessary for your weight be hindered or prevented by any public or private entity, nor give rise to the payment of any taxes or fees. 4. The exercise of the right of citizens to petition government agencies own is established by regional legislative decree. TITLE II FUNDAMENTAL PRINCIPLES article 10 the subsidiarity principle the region assumes the functions that can proceed more efficiently and more suitable than the State. Article 11 principle of cooperation between the Republic and the Republic and the region should cooperate with each other in the pursuit of their duties. Article 12 principle of national solidarity 1. The region is entitled to be compensated financially for the cost of inequality derived from insularity, namely in respect of 84


communications, transport, education, culture, social security and health, encouraging the progressive integration of the region into broader economic areas, national and international dimension. 2. Constitutes an obligation of the State to ensure charges for actual guarantee universality of the social benefits where it is not possible to assure them in the region. Article 13 principle of territorial continuity and outermost regions 1. The organs of sovereignty and government bodies in the region itself, in the exercise of their duties and responsibilities, should promote the Elimination of the structural, social and economic inequalities between Portuguese, caused by insularity and the remoteness of the region and of each and every one of the Islands in relation to the centers of power. 2. The outermost condition of the Azores in relation to national and community territories, characterized by insularity, by the small size and topography of the Islands by the climate and economic dependence on a small number of products, must constitute a determining factor in the definition and conduct of internal and external policy of the State. Article 14 the Principle acquired autonomous 1. The regional autonomy process is gradual and progressive deepening. 2. the rights, duties and responsibilities in the region, resulting from the transfer operated by Republic legislation or established in regional legislation, cannot be subject to suspension, reduction or withdrawal on the part of the organs of sovereignty. 3. in exceptional cases, when serious reasons of public interest constitutionally protected, duly substantiated, so require, the suspension, reduction or withdrawal of rights, duties and responsibilities must be regional, in any case, preceded the hearing procedure qualified region.

85 article 15 principle of preference of the regional Law 1. The regional legislative decrees take precedence over legislative acts of the Republic, without prejudice of the legislative jurisdiction of the organs of sovereignty. 2. In the absence of local law, the legal regulations of the Republic. TITLE III economic and financial REGIME chapter I General principles article 16 economic and social development of the region 1. The orientation and definition of the policy of economic and social development in the region take into account the intrinsic characteristics of the archipelago. 2. The economic and social development plan and the regional budget fall and promote the development of the region. 3. In accordance with the principle of national solidarity, the State ensures the region the financial resources needed to carry out investments in the economic and social development plan which exceed the financing capacity of it, according to the program of transfers of funds under the Finance Law of the autonomous regions. Article 17 financial and patrimonial Autonomy of the region 1. Financial and patrimonial autonomy the region exercises within the framework of the Constitution and of this Statute and of the Finance Law of the autonomous regions. 2. The financial and patrimonial autonomy aims to ensure government bodies of the region the means necessary for the pursuit of its mission, as well as the availability of appropriate instruments to achieve the objectives of autonomy.

86 CHAPTER II financial autonomy of the region article 18 1 Region's recipes. The region has, for its expenses, under the Constitution, the Statute and the law of the autonomous regions finance, tax revenues it collected or generated, a participation in the tax revenue of the State, established in accordance with the principle of national solidarity, as well as other recipes that you are assigned. 2. Are, in particular, revenues of the region: a) The income from your capital; b) all taxes, fees, fines, penalties and additional charged in your territory, including stamp duty, customs duties and other charges levied by the customs, including taxes and price differentials on gasoline and other oil derivatives; c) taxes imposed on goods destined for the region and settled outside of your territory, including the value added tax and the tax on the sale of vehicles; d) other taxes that should belong to him, in accordance with this Statute and the law, particularly in the light of the place of occurrence of the operative event for the tax obligation; and) the holdings referred to in point (a) h) of paragraph 1 of article 7; f) the loan product; g) financial support from the State to which the region is entitled, in accordance with the principle of national solidarity; h) the proceeds from the issuance of stamps and coins with Numismatic interest; I) The financial assistance of the European Union; j) the product of privatisation, reprivatizações and sale of financial investments; l) The inheritances and legacies left to the region; m) The other recipes that you are assigned.

87 3. The region's revenues are allocated to their expenses, according to the annual budget approved by the Legislative Council. 4. The State ensures that the region benefits from the support of the European Union funds, taking into account the specificities of the archipelago. Article 19 tax Power of Region 1. The region carries tax power itself, in accordance with the law, and can adapt the national tax system to the regional specificities, in terms of framework law of the Assembly of the Republic. 2. The regional tax system is structured in order to ensure the correction of the inequalities arising from insularity and with a view to the fair distribution of wealth and income and the implementation of a policy of economic development and greater social justice. Article 20 Legality of public expenditure to assessing the legality of public expenditure is made, in the region, a regional section of the Court of Auditors, with the powers and functions assigned by law. CHAPTER III AUTONOMY of ASSETS of the REGION article 21 regional public Domain 1. The assets located in the historically included in the public domain of the State or the autonomous districts are extinct public domain in the region. 2. in particular, Belong to the public domain regional: a) the Lakes, ponds, streams and other watercourses, with their beds and banks, as well as those who by law are recognised as unusable for production of electricity or for irrigation; b) ditches and irrigation channels opened by the region and the dams of public utility; c) mineral deposits;

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d) health resources, including the sources of natural mineral waters and waters mineroindustriais; and existing underground natural cavities) underground, with the exception of the rocks, Commons and other materials commonly used in construction; f) geothermal resources; g) regional roads, expressways and highways with their accessories and artwork; h) distribution networks public power; I) artificial ports, docks and anchorages; j) airports and airfields in the public interest; l) the palaces, monuments, museums, libraries, archives and theatres; m) The public rights in immovable property classified or private use and enjoyment of any private assets; n) The administrative obligations and public utility restrictions to the right to property. 3. Exceptions to the regional public domain goods assigned to the military public domain, public domain, public domain and, except when classified as cultural heritage, public goods related to public services not regionalized. Article 22 public Domain Status in the region the cessation of direct and effective allocation of public goods of the State public services not regionalized and maintaining this situation for a period of three years determines the automatic transfer to your heritage ball in the region, giving it the right to possession. Article 23 private regional Domain 1. Private domain goods are those who, being of the regional ownership of the region, are not included in your public domain.

89 2. The goods that belonged to the extinct autonomous districts and assets located in region historically included in the private domain of the State, with the exception of those assigned to the services of the regional State, belong to the private domain of the region. 3. Pertaining in particular to the private domain regional: a) the properties of the region and the inherent rights; b) the rights of rental that the region holds as leaseholder; c) the values and equity participations in the capital of commercial companies or of bonds issued by these; d) futures contracts or options whose underlying asset consists of investments in commercial companies; e) intellectual property rights; f) rights of any nature that derive from ownership of property and economic rights; g) things and rights assigned to State services transferred to the region; h) the goods are reported lost in favour of the State and to which special law does not give specific destination; I) abandoned goods and integrating legacies declared vacancies for the State, since some people are located within the territorial limits of the region. 4. The decommissioning of a portion of the public domain of the State in the region means your automatic integration in the field regional private, giving the region the right to possession.

90 TITLE IV GOVERNMENT AGENCIES OWN chapter I section I LEGISLATIVE ASSEMBLY Statute and article 24 definition and Election headquarters 1. The Legislative Assembly is the representative body of the region with legislative powers and oversight of government action. 2. The Legislative Assembly has the your headquarters in the city of Horta, Faial Island, and delegations in other islands. Article 25 Composition and mandates the Legislative Assembly is composed of members elected by universal, direct and secret suffrage, in accordance with the principle of proportional representation and constituencies, in accordance with the electoral law, for a term of four years. Article 26 constituencies 1. Each island is a constituency, designated by its name. 2. Each constituency elects two members island and still Members in proportion to the number of voters it registered. 3. The electoral law also provides for the existence of a regional clearing circle, reinforcing the proportionality system global. 4. The electoral law can predict even the existence of a circle, including the Azores with dual residence, in the territory of the region and other portions of the Portuguese territory or abroad, which elects two deputies.

91 5. In the allocation of mandates applies, within each circle, the proportional representation system and the highest average method d'Hondt method, as defined by the electoral law. Article 27 Applications 1. MEPs are elected by lists submitted by political parties competing in each constituency, either alone or in coalition, and the non-attached citizens integrate lists in their respective parties. 2. no one may be a candidate for more than one constituency, with the exception of the regional circle, or appear in more than one list. Article 28 political representation members are representatives of the whole region and not only of the circle in which they are elected. Article 29 1 function of Mr. MEPs exercise your mandate freely and guaranteed conditions appropriate to the effective exercise of their functions, in particular the essential contact with voters and your regular information. 2. The lack of members of official action or steps because of meetings or missions of the Assembly, it is justified for the continuance of these, without any charge. 3. The Member cannot rely on the grounds provided for in paragraph 1 of this article more than once in any act or official stage. 4. All entities have, under the law, the duty to cooperate with the members in the performance of their duties. Article 30 Powers of Deputies 1. MEPs have the power to: 92


the) Present preliminary draft political-administrative Status; b) Present preliminary draft law on the election of deputies to the Legislative Assembly; c) Present environmentally sound legislative initiative antepropostas of the Legislative Assembly; d) Submit draft regional legislative decree, rules of procedure of the Legislative Council and resolution; and antepropostas of regional referendum); f) presenting motions of censure; g) Participate and intervene in parliamentary debates, in accordance with the rules of procedure; h) Require and obtain Regional Government or of any public regional entity elements, information and publications as they may deem useful for the exercise of your mandate; I) Formulate oral or written questions to the Regional Government, in accordance with the law and the rules of procedure; j) Raise the achievement of two debates in each legislative session on issues of regional policy, in accordance with the rules of procedure; l) Require the establishment of parliamentary committees of inquiry or any committees; m) apply to the Constitutional Court the Declaration of unconstitutionality of any standard based on violation of rights in the region, the Declaration of illegality of any constant regional diploma standard based on violation of this Statute, or the Declaration of illegality of any constant standard diploma emanating from the organs of sovereignty on the grounds of violation of the rights of the region established in these bylaws; n) exercise the other powers enshrined in the law and in the rules of procedure. 2. The powers referred to in points (a) to (f)), j) and (l)) of the preceding paragraph may only be exercised by a minimum of five members or by a group. 3. The power (a) constant m) of paragraph 1 may only be exercised by one-tenth of the Members.

93 article 31 obligations of Members 1. Obligations of members: the) participate in parliamentary work; b) Attend plenary meetings and to the committees to which they belong; c) Play the positions of Parliament and the tasks for which they are elected or appointed; d) participate in the vote; e) respect the dignity of the Assembly and of all who are sitting; f) Observe the order and discipline laid down in the rules of procedure; g) contribute to the effectiveness and the prestige of the work of the Assembly and, in General, for the observance of the Constitution and the Statute. 2. members must visit each of the Islands in the region at least once every parliamentary term. Article 32 Replacement, suspension, loss and resignation of Office 1. The members shall be entitled to your replacement and to require the suspension of your mandate, under the scheme for the application of the Statute of the holders of the Government itself. 2. Lose the mandate the members: a) will incur any of the disabilities or incompatibilities provided for in these regulations, without prejudice to the provisions on replacement schemes and suspension of mandate; b) not take seat in the Legislative Assembly or in excess of the number of faults fixed in the rules of procedure; c) they fall in different from political party at which they were elected; d) Are judicially convicted crime of responsibility in the exercise of your function in such a penalty or for participation in racist organizations or that share the fascist ideology. 3. Members can renounce the mandate, by written declaration addressed to the President of the Legislative Council.

94 SECTION II subsection I general competence Competence article 33 policy Competence of the Legislative Assembly is the Legislative Assembly: the Regional Government ownership) and approve its programme; b) approving the economic and social development plan, broken down by investment programs; c) approve the regional budget, broken down by expenditure and revenue, including those of the regional autonomous services and funds and the investment programs of each regional secretariat; d) Authorize the Regional Government to hold loans and other credit operations are not floating debt, establishing the respective general conditions; and) establish the ceiling for guarantees granted by the Regional Government in each year; f) Voting motions of rejection of the Government's Programme; g) Vote of confidence and no confidence motions to Regional Government; h) present proposals for regional referendum to the President of the Republic; I) pronounce, for your initiative or upon request of the organs of sovereignty, about the competence of these issues; j) Participate in defining the positions of the Portuguese State, in the context of the process of European integration, in matters that are of your political and legislative competence; l) Participate in establishing cooperation with regional entities. m) approve agreements with regional entities or foreign places focus on matters of competence or your participation in organizations that have as their object to foster dialogue and interregional cooperation;

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n) Elected bodies or positions holders who, by law or agreement, you fit designate; the) attend the meetings of the committees of the Assembly of the Republic in which they discuss regional legislative initiatives, through their representatives, in accordance with the rules of procedure of the Assembly of the Republic. Article 34 Participation and monitoring in the process of building the European Union it is the Legislative Assembly, in the exercise of powers of participation and monitoring in the process of European integration: the) Set the broad guidelines for action in the region in the European construction process and monitor and assess the work carried out in this area by the Regional Government; b) participate in the process of European integration, through representation in the respective regional institutions and delegations involved in community decision-making, when matters are concerned they are the political and legislative competence your; c) interparliamentary cooperation in the European Union; d) oversee the application of the structural funds in the region and other regional programmes or national scope with incidence in the region; e) Participate, pursuant to law, in setting the appropriations to be allocated to local authorities and corresponding to the allocation of public resources invested in community programs specific to the region; f) Enjoy half-yearly report of the Regional Government on the participation of the region in the European Union. Article 35 legislative initiative 1. It is the Legislative Assembly, in the exercise of your competence to initiate legislation: a) prepare draft political-administrative Status of the region and of law concerning the election of representatives to the Legislative Council, as well as issue 96 opinion on its rejection or amendments by the Assembly of the Republic, in accordance with article 226 of the Constitution; b) exercising legislative initiative, upon presentation of bills or amendments to the Assembly of the Republic. 2. In the exercise of jurisdiction provided for in paragraph 1, the Council may require the emergency Declaration and processing your schedule. Article 36 legislative Competence 1 itself. It is up to the Legislature to legislate, for the regional territory, in matters of their own legislative powers in the region and which are not reserved by articles 161, 164, 165 or by paragraph 2 of article 198 of the Constitution to the organs of sovereignty. 2. Are substances of the Region's own legislative powers referred to in subsection (II) of this section. Article 37 supplementary legislative competence 1. It is up to the Legislature to develop, for the region, the principles or the General bases of the legal regimes contained in law or Ordinance that they are limited, except where matters are concerned whose scheme is fully reserved for the organs of sovereignty. 2. regional legislative decrees adopted pursuant to this article must explicitly invoke the laws or decrees-laws whose principles or General bases develop. 3. The authority referred to in paragraph 1 is not limited to matters of legislative jurisdiction in the region itself, set out in subsection (II) of this section. 4. When laws or decrees-laws concerning matters covered bases on its own legislative powers of the Legislative Council, it may choose to develop, for the region, the principles or the General bases of the 97 legal regimes contained therein, pursuant to this article or, Alternatively, exercise legislative powers, in accordance with article itself before. Article 38 delegated legislative powers 1. The Legislative Assembly shall legislate upon this authorization, in matters of reservation in respect of the Assembly of the Republic provided for in the second part of subparagraph (d)), in paragraph 1(e)), g), h), (j)), and l), first part of point (a) m), and points (a) n), r), u) and z) of paragraph 1 of article 165 of the Constitution. 2. The draft law of authorization must be accompanied by the preliminary draft of the regional legislative decree authorizing, by applying to the corresponding authorisation laws the provisions of paragraphs 2 and 3 of article 165 of the Constitution. 3. The authorizations referred to in the preceding paragraph shall expire with the expiration of the term of Office or the dissolution of the Assembly of the Republic or of the Legislative Assembly. 4. regional legislative decrees adopted under this article shall invoke expressly consent laws under which have been drawn up. 5. The Assembly of the Republic may submit the regional legislative decrees adopted pursuant to this article to your assessment for the purposes of termination, in accordance with article 169 of the Constitution, and cannot, however, change them. 6. The powers referred to in paragraph 1 is not limited to matters of legislative jurisdiction in the region itself, set out in subsection (II) of this section. Article 39 legislative jurisdiction of transposition of legal acts of the European Union it is up to the Legislature to transpose legal acts of the European Union to the territory of the region, in matters of their own legislative powers. Article 40 regulatory Competence of the Legislative Assembly 1. The exclusive competence of the Legislative Council to regulate the laws and decree-laws from the organs of sovereignty which does not reserve to the Government its regulatory power.

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2. For the purposes of the preceding paragraph, the organs of sovereignty can only reserve for the Government the regulatory power of laws and decree-laws which have been issued on matters of their respective legislative competence reserves bounded by articles 161, 164, 165 or paragraph 2 of 198 of the Constitution. Article 41 other skills 1. It is the Legislative Assembly, in the exercise of supervisory functions: to Monitor compliance with the Constitution) of the staff regulations and laws and enjoy the Government acts and regional autonomous administration; b) approve the accounts of the region relating to each financial year and assess the implementation of the plan for regional economic and social development; c) request the Constitutional Court the Declaration of unconstitutionality of any standard based on violation of rights in the region, the Declaration of illegality of any constant regional diploma standard based on violation of this Statute, or the Declaration of illegality of any constant standard diploma emanating from the organs of sovereignty on the grounds of violation of the rights of the region established in these bylaws. 2. It shall be the responsibility of the Legislative Council, in the exercise of functions of monitoring: to monitor the activity of holders) of organs or offices designated by the Legislative Council; b) Follow the authority of the Regional Government on the activity of local authorities of the Azores; c) Appreciate reports of the entities created pursuant to these regulations; d) Proceed to hearing the Director's annual Regional Center of the Azores of the public radio and television and of the person responsible in the public news agency. 3. the Legislative Assembly approve your Regiment.

99 article 42 regional Referendum 1. It is up to the Legislature to propose a regional referendum to the President of the Republic. 2. The electoral college for the regional referendum consists of the set of voters listed on the territory of the region. 3. The regional referendum can cover issues of regional interest that are relevant to the legislative powers of the Legislative Council, with the exception of issues and acts of budgetary, tax or financial content. 4. The regional referendum is established by law. Article 43 form of acts 1. Are the form of regional legislative decree the conduct referred to in paragraph 1 (b)), c), (d)) and e) of the article 33 in article 36, paragraph 1 of article 37, paragraph 1 of article 38, article 39 and paragraph 1 of article 40. 2. Are the way to project the conduct referred to in subparagraph (a)) of paragraph 1 of article 35 and the proposed conduct referred to in subparagraph (b)) of paragraph 1 of that article. 3. Are the way to resolution of the remaining acts of the Legislative Assembly, including those referred to in the second part of subparagraph (a)) and on paragraph (h)) of article 33 and paragraph 3 of article 40. 4. Are the form of motion the conduct referred to in points (f) and (g))) article 33. 5. the acts provided for in paragraphs 1, 3 and 4 of this article shall be published in the Official Gazette and republished in the official journal of the region. Article 44 legislative initiative and referendum 1 regional. The legislative initiative and referendum is the responsibility of the regional Members, the groups and parliamentary representation, the Regional Government and in the terms and conditions set forth in the following article, the groups of voters.

100 2. The Members and the groups and parliamentary representations may not submit projects or amendments of regional legislative decree or antepropostas of regional referendum involving, in the current financial year, expenditure increase or drop in revenue in the region provided for in the budget. 3. the projects and proposals of regional legislative decree or regional referendum rejected definitely cannot be renewed in the same legislative session. 4. the projects and proposals of regional legislative decree and regional referendum voted in legislative session in which they are presented does not need to be renewed in the following legislative sessions, except term of the legislature or dissolution of the Assembly. 5. The proposals of regional legislative decree and of referendum shall expire with the resignation of the Regional Government. 6. Committees may submit replacement texts, without prejudice of the projects and proposals to which they relate. 7. This article shall apply, mutatis mutandis, to the preliminary draft and antepropostas of law.

Article 45 legislative initiative and referendum of citizens 1. Citizens regularly included in voter registration in the territory of the region are the holders of the right of legislative initiative, the right to participate in the legislative procedure which give rise to the right of initiative and referendum. 2. The citizens ' legislative initiative can cover all the materials included in the legislative powers of the Legislative Council, with the exception of those which are nature or have budgetary or financial tax content. 3. the groups of voters cannot introduce legislative initiatives: a) Violate the Constitution of the Portuguese Republic or the present statutes; b) do not contain a specific definition of the meaning of the changes to be introduced in the legislative order; c) Involve, in the current financial year, expenditure increase or decrease budget revenues of the region.

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4. The referendum of the citizens initiative may have as its object the substances referred to in paragraph 3 of article 42 and cannot engage in the ongoing financial year, expenditure or a reduction in revenue budget of the region. 5. The exercise of the right of initiative is free and may not be hindered or prevented by any public or private entity, the collection of subscriptions and other acts necessary for your gross, or give rise to the payment of any taxes or fees. 6. The right of legislative initiative of citizens is exercised through submission to the Legislative Assembly draft regional legislative decree, signed by a minimum of 1500 voters listed on the territory of the region, and the right to referendum initiative by delivering anteproposta of referendum signed by a minimum of 3000 voters listed on the territory of the region. 7. The exercise of the right of legislative initiative and referendum of the citizens is defined by regional legislative decree. Article 46 Discussion and voting 1. The discussion of projects and proposals of regional legislative decree and preliminary drafts or antepropostas of law comprises a general debate and other specialty. 2. The vote includes a general vote, a vote in the specialty and a final vote. 3. the projects of political-administrative Regulations and law on the election of Members of the Legislative Council are approved by a two-thirds majority of deputies in effectiveness of functions. 4. Require a two-thirds majority of the members present, since higher than the absolute majority of the Members in effectiveness of functions: a) the approval of the rules of procedure of the Legislative Council; b) the election of members of independent regional administrative entities that you fit designate; c) the election of sectoral regional providers.

102 5. Lack of an absolute majority of deputies in effectiveness of functions: a) the rejection of the Government's Regional program; (b)) approbation of motions of censure; c) rejection of motions of confidence; (d)) the creation or extinction of local authorities; e) the election of office-holders or bodies, on behalf of the region, provided for by law. Article 47 signature of the representative of the Republic of the Legislative Assembly decrees are sent to the Delegate of the Republic to be signed and published. SUBSECTION II matters of legislative jurisdiction article 48 itself political and administrative Organization of the region 1. It is up to the Legislature to legislate in the area of political and administrative organization of the region. 2. The political organization of the region it covers, in particular: the implementation of the Statute and) your rules; b) the Legislative Assembly organic; c) the system of preparation and organization of the budget of the region; d) the scheme for the application of the Statute of the holders of the organs of Government. e) interregional cooperation of national, European or international levels; f) the mode of designation of office-holders or bodies representing the region. 3. The administrative organization of the region it covers, inter alia: the Organization of the regional administration) direct and indirect, including autonomous scope and regime of the autonomous regional government workers and other agents of the region;

103 b) the legal regime of public institutions, including the public foundations and the autonomous regional funds, public companies and private institutions of public interest to exercise their functions exclusively or predominantly in the region; c) the status of independent regional administrative entities; d) the creation of representative bodies of the Islands; and) creation and extinction of local authorities, as well as modification of the respective area, and elevation of the populations of towns or cities. Article 49 tax Power own and adaptation of the tax system 1. It is up to the Legislature to legislate in matters of tax power your own and the adaptation of the national tax system. 2. Substances of tax power own and adaptation of the national tax system covering, in particular: a) the power to create and regulate taxes by setting its incidence, the rate, settlement, billing, tax, and benefits the taxpayer guarantees, in accordance with the Finance Act of autonomous regions, including the power to create and regulate betterment for taxing increases in value of immovable property arising from regional public works and investments and to create and regulate other special contributions to make up the largest regional expenditure arising from private activities stressful or perpetrators of public goods or the environment; b) the power of adapting national taxes regional specificities in terms of incidence, rate, tax breaks and taxpayer guarantees, in accordance with the Finance Act of the autonomous regions; c) the power to release details about the collection of the taxes in force in the autonomous region of the Azores; d) the power to, in accordance with the Finance Act of the autonomous regions, decreasing the national rates of income taxes and value added tax and excise duties, in accordance with the laws in force;

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and) the power to determine the application of the autonomous region of the Azores, reduced rates of corporate income tax (IRC) defined in national legislation; f) the power to grant tax credits relating to commercial, industrial and agricultural profits reinvested by taxable persons; g) to authorize the Regional Government to grant temporary and conditional tax benefits relating to national and regional taxes, contractual arrangements, applicable to significant investment projects, in accordance with the Finance Act of the autonomous regions. Article 50 autonomy of assets 1. It is up to the Legislature to legislate in matters of their own heritage and patrimonial autonomy. 2. The materials of its own heritage and patrimonial autonomy, covering, in particular: the private domain goods); b) special schemes of expropriation and requisition, for public utility assets located in the region. Article 51 Agricultural Policy 1. It is up to the Legislature to legislate in the area of agricultural policy. 2. The agricultural policy covers, in particular: the) agriculture, including organic farming, forestry, animal husbandry, as well as the agri-food sector; (b)) the regional agricultural reserve; c) pastures, uncultivated and forest reserves; d) the rural land consolidation and land structure of agricultural holdings; e) animal and plant health; f) research, development and innovation in agriculture, agro-forestry, including the genetic improvement and the use of genetically modified organisms;

105 g) the defense, promotion and support of regional products, including the geographical designations of origin and of quality. Article 52, Sea Fisheries and marine resources 1. It is up to the Legislature to legislate in matters of fisheries, sea and marine resources. 2. Substances, sea fisheries and marine resources include, inter alia: a) the conditions of access to inland waters and territorial sea of the territory of the region; b) fishery resources and other aquatic resources, including your conservation, management and exploitation; c) fishing in inland waters and territorial sea of the territory in the region or by vessels registered in the region; d) aquaculture and processing of fishery products in the region; and) The fishing vessels engaged in the activity in your internal waters and territorial sea of the territory in the region or that are recorded in the region; f) turntables; g) recreational marine activities, including the conditions of employment of recreational browsers; h) crews; I) licensing schemes, under the private use of property of the maritime public domain of the State, inert extraction activities and fishing. Article 53 1 Commerce, industry and energy. It is up to the Legislature to legislate in matters of Commerce, industry and energy. 2. The matters relating to trade, industry and energy shall cover, in particular: the) regional markets and economic activity; b) supply arrangements;

106 c) the promotion of competition; d) consumer protection and the promotion of the quality of regional products; e) alternative dispute resolution related to consumption; f) privatization and reprivatizações of public enterprises; g) modernisation and competitiveness of private companies; h) markets, fairs and trade in General, including catering and drinks establishments, the hypermarkets, as well as the respective calendars and timetables; I) crafts; j) licensing and supervision of industrial activity; l) installations for the production, distribution, storage and transport of energy and regional production energy, including renewable energy and energy efficiency. Article 54 1 Tourism. It is up to the Legislature to legislate in the field of tourism. 2. The matter of Tourism covers, including: a) the system of tourist resources; b) training of human resources, including tourist activities and tourist professions, as well as the certification of schools and courses; c) legal regimes of tourism enterprises and agencies and tour and travel operators, including their classification, licensing and operation; d) the use of sites, tourist places or monuments of regional tourist interest, including marine areas classified with special interest for underwater tourism; and maritime-tourist activities); f) tourist investment; g) Declaration Regime of tourist and utility of interest to tourism; h) delimitation zones and game of chance, and its system of operation, supervision and sanctions framework;

107 i) the system of designations of origin and of quality of equipment, activities and products of interest. Article 55 infrastructures, transport and communications 1. It is up to the Legislature to legislate in matters of infrastructure, transport and communications. 2. The issues of infrastructure, transport and communications include, inter alia: a) social equipment; (b)) the scheme and public works contracts; c) concessions of public works and of public services; d) construction; e) transit and traffic routes, including the setting of speed limits; f) ports, marinas and other civilian infrastructure; g) airports, airfields, heliports and other airport infrastructure; h) land transport, sea and air; I) telecommunications; j) postal and distribution of goods. Article 56 environment and land management 1. It is up to the Legislature to legislate in matters of environment and land management. 2. The matters of the environment and spatial planning include, inter alia: a) the protection of the environment, promotion of the ecological balance and protection of nature and natural resources, including the supervision and monitoring of natural resources; b) protected areas and classified and the conservation and protection zones, marine and terrestrial; c) the regional ecological reserve;

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d) natural resources, including habitats, biodiversity, flora and fauna, geological, forestry and geothermal resources; and) environmental impact assessment; f) hunting and other hunting activities; g) water resources, including mineral and thermal waters, surface and groundwater, canals and irrigation systems; h) the collection, treatment and distribution of water; I) the collection, treatment and rejection of effluents; j) the collection, management, treatment and recovery of waste; l) the control of contamination of soil and subsoil; m) environmental quality control; n) information, awareness and environmental education; the) environmental associations; p) the planning and territorial management instruments; q) urbanism, including the scheme of urbanization and construction and land use. Article 57 solidarity and social security 1. It is up to the Legislature to legislate in matters of solidarity and social security. 2. The issues of solidarity and social security cover, inter alia: a) the management and the economic regime of social security; b) complement regional Institution, reform pension and social benefits; c) the regulation of social services, social support and social solidarity; d) arrangements for cooperation between the regional administration and the private social welfare institutions; e) combating social exclusion and promoting equal opportunities and social inclusion; f) support for citizens with disabilities; g) social action, volunteerism and the Organization of free time.

109 article 58 1 Health. It is up to the Legislature to legislate in the area of health policy. 2. The corresponding health policy matters covering, inter alia: a) the regional health service, including your organization, planning, operation, financing and human resources; b) private activity and your health together with the regional health service; c) community and public health; d) preventive medicine, curative and rehabilitation; and) the licensing system and operation of pharmacies and access to medicine. Article 59 family and migration 1. It is up to the Legislature to legislate in matters of family support and migration. 2. The subjects of family support and migration include, inter alia: a) the protection of minors, the promotion of childhood and maternity support and paternity; b) support for the elderly; c) the integration of immigrants; d) support for migrant communities; e) associations and the dissemination of culture Portugal and the Azores in the diaspora; f) the reintegration of returning migrants. Article 60 work and vocational training 1. It is up to the Legislature to legislate in matters of work and vocational training. 2. The matters relating to work and vocational training shall cover, in particular: the 110) the promotion of the fundamental rights of workers, unemployment protection and the guarantee of the exercise of trade union activity in the region and the establishment of a regional complement to the national minimum wage; b) individual and collective relations in the region; c) vocational training and the development of human resources, the collection and approval of professional qualifications and certification of workers; d) social dialogue and mechanisms for alternative resolution of industrial disputes. Article 61 education and youth 1. It is up to the Legislature to legislate in matters of education and youth. 2. education and youth matters covering, inter alia: a) the regional educational system, including their organization, operation, human resources, equipment, administration and management of education and teaching establishments; (b)) the assessment at the regional educational system and curriculum; c) private activities of education and your connection with the regional educational system; d) school social action in the regional educational system; e) incentives to study and fight against school failure and abandonment; f) student and youth associations; g) mobility and youth tourism; h) Regulation and the management of activities and facilities for young people. Article 62 1 culture and media. It is up to the Legislature to legislate in matters of culture and media. 2. The matters of culture and social communication include, inter alia: a) the historical heritage, ethnographic, artistic, monumental, architectural, archaeological and scientific;

111 b) cultural equipment, including museums, libraries, archives and other cultural or artistic fruition spaces; c) the support and dissemination of theatrical creation and production, musical, audiovisual, literary and dance, as well as other types of intellectual and artistic creation; d) folklore; and) shows and public amusements in the region, including bulls and bullfighting traditions in its various manifestations; f) the cultural patronage; g) the media, including the financial support scheme; h) the exercise of the activity of the media. Article 63 1 research and technological innovation. It is up to the Legislature to legislate in matters of research and technological innovation. 2. The technological research and innovation matters covering, inter alia: a) research centres and technological innovation, including your organization, coordination, operation, and support and accreditation schemes; b) support for research in science and technology; c) the training of researchers; d) the diffusion of scientific knowledge and technologies. Article 64 1 Sport. It is up to the Legislature to legislate on sport. 2. The sport covers, inter alia: the regional sports and system) the system of sports information, including organization, administration, planning, funding and monitoring; b) professional sporting activity and unprofessional, including sports exchanges, school sport, the sport of high competition and sports volunteering; c) infrastructure, facilities and sports equipment;

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d) human resources in sport; e) sports patronage; f) the sports clubs and societies. Article 65 Public Security and civil protection 1. It is up to the Legislature to legislate in matters of public order and security and civil protection. 2. Matters of public order and security and civil protection cover, inter alia: a) the maintenance of public order and the security of public spaces, including the administrative police; b) the legal regime of dealer licensing; c) civil protection, firefighters, paramedics and emergency medicine; (d) monitoring and surveillance), seismological and meteorological oceanographic, vulcanológica, as well as the mitigation of geological hazards; and) assistance and surveillance on beaches and bathing areas and coastal relief. Article 66 other matters 1. It is up to the Legislature to legislate in the following matters: a) the symbols of the region; b) Protocol and mourning; c) regional holidays; d) the establishment and status of sectoral regional providers; and) the foundations of private law; f) the institution of additional remuneration to employees, agents and other employees of the regional autonomous administration; g) the policies and the promotion of equal opportunities; h) special schemes unlawful acts of mere social and their ordering process; I) The Special schemes for rural and urban lease; j) systems of incentives and procurement Manager of incentives in cases of structuring investment or strategic value to the economy;

113 l) relevant foreign investment; m) the system of public-private partnerships in which acts in the region; n) statistics; the) marketing and advertising; p) the prevention and road safety. 2. The Legislative Assembly also competes legislate, for the region and in implementation of the principle of subsidiarity, in other matters not reserved for organs of sovereignty. SECTION III organisation and operation article 67 1 Legislature. The parliamentary term lasts for four legislative sessions. 2. The legislative session lasts for one year and begins on September 1. 3. the Assembly meets in plenary at least nine legislative periods by legislative session, between 1 September to 31 July. 4. Outside the legislative periods referred to in paragraph 1, the Council may convene extraordinarily, in plenary, upon convening of your President, in the following cases: a) on the initiative of the Standing Committee; b) at the request of one third of the members; c) at the request of the Regional Government. Article 68 1 dissolution of the Assembly. The Legislature can be dissolved by the President of the Republic, heard the Council of State and the parties it represented. 2. The dissolution can occur, in particular by: a) Impossibility of formation of Regional Government, notably by twice occurs any of the situations referred to in paragraph 1(e)), f) and (g)) of article 85(1) or pursuant to paragraph 3 of that article;

114 b) Serious political and constitutional instability. 3. The Legislative Assembly may not be dissolved within six months after your election or for the duration of a State of siege or a State of emergency in the region. 4. Non-compliance with the preceding paragraph determines a lack of legal decree of dissolution. 5. The dissolution of the Legislative Assembly does not affect the livelihood of the term of Office of the Members, or the competence of the Standing Committee, to the first meeting of the Assembly after the subsequent elections. 6. In case of dissolution of the Legislative Assembly, elections are held within 60 days, under pain of legal non-existence of that Act. 7. The Legislative Assembly elected after dissolution begins new term and new legislative session whose respective duration is initially increased the time needed to complete the period corresponding to the ongoing legislative session on the date of election. Article 69 start of term 1. The Legislature meets in its own right, on the 10th day after the general election results tabulation. 2. At the first meeting the Legislative Assembly verifies the credentials of its members and elects to your table. Article 70 1 Operation. The Assembly works in plenary sessions and in committees. 2. Plenary meetings are public and the commissions can be. 3. Is published a journal of the Legislative Assembly with the verbatim report of plenary meetings of the Assembly, as well as the reports and opinions of the committees, whose meetings are recorded minutes.

115 4. The Legislative Assembly shall be incurred in plenary meeting being present the majority of the legal number of members. 5. the Assembly may, for your initiative or at the request of the Regional Government, declare the urgency of any initiative, you must follow special processing. Article 71 participation of members of the Regional Government 1. The Regional Government members sit in the meetings of the Assembly and the right to use the word for the presentation of any communication or to provide clarification. 2. The members of the Regional Government may request your participation in the work of the Committee and shall appear before the same when required. Article 72 1 Committees. The Legislative Assembly has the commissions provided for in the rules of procedure and may constitute any commissions, investigation or for any other specific purpose. 2. The composition of the committees corresponds to the representation of parties in the Legislative Assembly. 3. The chairs of the committees are, in each set, broken down by parliamentary groups in proportion to the number of its members. 4. Petitions addressed to Parliament are appreciated by the committees or by Commission especially established for this purpose, you can hear the other competent committees on the basis of matter, as well as request the testimony of any citizens. 5. Without prejudice to your Constitution in general terms, the parliamentary committees of inquiry must be established where required by one fifth of deputies in effectiveness of functions, up to a limit of one per Member and per legislative session. 6. The parliamentary committees of inquiry enjoy investigative powers of the judicial authorities themselves.

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7. The legal regime of the parliamentary committees of inquiry is established by regional legislative decree. Article 73 1 Standing Committee. Outside the legislative periods, during the period in which they find dissolved and in other cases provided for in the Constitution and in the Statute, does the Standing Committee of the Legislative Council. 2. The Standing Committee is chaired by the President of the Legislative Council and composed of the Vice-Presidents and Members nominated by all parties, according to their representation in the Assembly. 3. The Standing Committee: a) Monitor compliance with the Constitution, the Statute and the laws and to appreciate the Government's acts and regional autonomous administration; b) decide, for your initiative or upon request of the organs of sovereignty, on matters of competence of these respect the region; c) exercise the powers of the Assembly in relation to the term of Office of the members; d) Promote the convening of the Assembly whenever necessary; and Prepare the opening of the session). Article 74 parliamentary Groups and parliamentary representations 1. The elected members for each party or coalition of parties can constitute parliamentary group. 2. Constitute rights of each group: a) participate in the committees of the Assembly on the basis of the number of its members, indicating their representatives on them; b) be heard in setting the agenda and appeal to the Plenary the agenda set; c) Cause, with the presence of the Government, the debate of issues of public interest and urgent;

117 d) Cause, by means of notification to the Government, the opening of two debates in each legislative session, on issues of General or sectoral policy; and) ask the Standing Committee to promote the convening of the Assembly; f) Require the establishment of parliamentary committees of inquiry; g) exercising legislative initiative; h) Submit motions for rejection of the Government's Programme; I) Introduce motions of censure; j) be informed regularly and directly by the Government on the progress of the main subjects of public interest. 3. The Member who is the sole representative of a party or coalition would be parliamentary representation. 4. Constitute rights of parliamentary representations provided for in (a)), b), (d)), g) and (j)) of paragraph 2 of this article. 5. Each party or parliamentary representation is entitled to dispose of the workplace at the headquarters and other offices of the Legislative Assembly, as well as of technical and administrative staff of your trust, in accordance with the law determine. 6. The non integrated into groups or parliamentary representations are ensured minimum rights and guarantees, in accordance with the rules of procedure. CHAPTER II section I REGIONAL GOVERNMENT function, structure, training and responsibility Article 75 definition and 1 seat. The Regional Government is the executive body of the region's policy and the superior organ of the regional autonomous administration.

118 2. The Presidency and the Regional Secretariats are the Regional Government departments and have your headquarters in Angra do Heroísmo, Horta and Ponta Delgada. Article 76 1 Composition. The Regional Government consists of the President and the Regional Secretaries. 2. The Regional Government may include Vice Presidents and Undersecretaries. 3. The number and designation of the members of the Government, the area of your expertise and the Government departments shall be organic by regional regulatory decree. 4. The under secretaries have the powers delegated to them by the respective members of the Regional Government. Article 77 1 Regional Government Council. Constitute the Council of the Regional Government President, Vice Presidents, if any, and the Regional Secretaries. 2. Can be summoned to attend the meetings of the Regional Government Undersecretaries. 3. The Regional Government Council meets whenever convened by your President, and the definition of the general orientation of Government policy. Article 78 1 President of the Regional Government. The Regional Government is represented, directed and coordinated by your President. 2. The President of the Regional Government may have to post any of your Government departments.

119 Article 79 replacement of members of the Regional Government 1. In their absences and impediments, the President appoints to replace a Vice President, if any, or a Regional Secretary. 2. Each Regional Vice President or Secretary shall be replaced, in your absence or impediment, by the Regional Government member appointed by the President of the Regional Government. Article 80 Beginning and termination of duties 1. The President of the Regional Government is appointed by the representative of the Republic, taking into account the results of the elections to the Legislative Council, political parties represented in her ears. 2. The Vice-Presidents, Secretaries and Undersecretaries are appointed and removed by the Regional Delegate of the Republic on the proposal of the President of the Regional Government. 3. The Regional Government takes office before the Legislative Assembly. 4. The duties of the Vice-Presidents and of the Regional Secretaries cease with the President of the Regional Government and those of under secretaries with the members of the Government that depend on. 5. In case of resignation of the Regional Government, the President of the Regional Government remains in Office, being discharged on the date of the new President of the Regional Government. 6. Before the adoption of your program by the Legislative Council or after your resignation, the Regional Government is limited to the practice of acts strictly necessary to ensure the day-to-day management of public affairs. 7. for the purposes of paragraph 1, the following shall be considered as strictly necessary acts to ensure the day-to-day management of public affairs: a) The acts which, cumulatively, are urgent or unavoidable have as objective the achievement of an important public interest and appropriate for the achievement of the objective invoked;

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b) acts of ordinary administration, operation or maintenance of conservation; c) acts of mere execution or implementation of measures taken in time before the resignation of the Government. Article 81 political responsibility the Regional Government is politically accountable to the Legislative Council. Article 82 Regional Government programme 1. The Regional Government programme contains the main policy orientations and measures to be adopted or proposed in the exercise of governmental activity. 2. The Regional Government program is delivered to the Legislative Council within 10 days after the inauguration of the Regional Government. 3. The Regional Government programme is submitted for consideration and voting of the Legislative Council, which brings together necessarily to the end, until the 15th day after the inauguration of the Regional Government. 4. The debate on the programme of the Regional Government may not exceed three days. 5. Until the closure of the debate any parliamentary group may propose the rejection of the Government's Regional Program in the form of a reasoned motion. Article 83 Motions and votes of confidence 1. The Regional Government may request the Legislative Assembly, by one or more times, the adoption of a motion of confidence about your performance. 2. The Regional Government may also ask the Legislature to approve vote of confidence on any matter of sectoral policy.

121 Article 84 1 motion of censure. The Council may vote on motions of censure to the Regional Government on the implementation of your program or subject of interest relevant to the region. 2. The motion of censure cannot be enjoyed earlier than seven days after your presentation, the debate should not last more than two days. 3. If the motion of censure is not approved, the signatories may not submit another during the same legislative session. Article 85 1 Regional Government Resignation. Involve the resignation of Regional Government: a) the beginning of new term; b) the dissolution of the Legislative Assembly; c) submission of resignation by the President of the Regional Government Delegate of the Republic; d) death or lasting physical impossibility of the President of the Regional Government; and) the rejection of the Government's Programme; f) the non-approval of motion of confidence; g) the approval of the motion of censure. 2. In case of resignation of the Regional Government in the situations provided for in (c)) to g) of the preceding paragraph, the representative of the Republic appoints new President of the Regional Government, in accordance with paragraph 1 of article 80. 3. In the case referred to in the preceding paragraph, if, after the hearing of the parties represented in the Legislative Assembly, the representative of the Republic finds that there are no conditions to appoint the President of the Regional Government taking into account the results of the elections, shall communicate this fact to the President of the Republic, for the purposes of point (a)) of paragraph 2 of article 68.

122 article 86 mandatory Visits from Regional Government 1. The Regional Government visit each one of the Islands in the region at least once a year. 2. On the occasion of one of the visits referred to in the preceding paragraph, the Government Council meets on the island. SECTION II Jurisdiction article 87 Regional Government policy Competence rests with the Regional Government, in the exercise of political functions: a) lead to the region's policy, defending democratic legality; b) decide, for your initiative or upon request of the organs of sovereignty, about the competence of these issues relating to the region; c) participate in the drafting of national plans; d) Participate in the definition and implementation of fiscal policies, monetary, financial and exchange rate policy, so as to ensure the regional control of the means of payment in circulation and the financing of investments necessary for socio-economic development of the region; e) participate in policy-making relating to internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf contiguous to the Islands; f) submit to the Council proposals for regional legislative decree, of regional and antepropostas of referendum law; g) draw up your Program and submit it for approval to the Legislative Assembly; h) Elaborate proposals for economic and social development plan of the region; I) draw up the budget proposal and submit it for approval by the Legislative Assembly; j) Submit to the Legislative Council the accounts of the region;

123 l) Participate in defining the positions of the Portuguese State in the process of European integration in matters of interest to the region; m) participate in the negotiations of international treaties and agreements that directly relate to the region and manage the benefits deriving therefrom; n) establish cooperative relationships with regional foreign entities, including through negotiation and adjustment of agreements; the) represent the region in organizations that have as their object to foster dialogue and interregional cooperation; p) participate in the process of European integration, through representation in the respective regional institutions and delegations involved in community decision-making processes, when the materials are concerned regional interest. Article 88 regulatory Competence of the Regional Government 1. It is for the Regional Government, in the exercise of regulatory functions: your own) approve the Organization and functioning; b) regulate the regional legislation; c) Regulate legal acts of the European Union; d) Elaborate the regulations necessary for the effective functioning of the regional autonomous administration and proper implementation of the laws. 2. The matters referred to in point (a)) of the preceding paragraph is the exclusive competence of the Regional Government. 3. The Regional Government can issue regulations independent within the competence conferred by paragraph 1 of this article. Article 89 Executive Competence of Regional Government 1. It is for the Regional Government, in the exercise of administrative powers: a) expect to wield Supreme executive power own; b) direct services and activities of regional autonomous administration;

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c) to coordinate the preparation of the plan and of the regional budget and ensure that your performance; d) take the necessary measures for the promotion and economic and social development and to the satisfaction of the collective regional needs; and administer and dispose of the assets) regional and celebrate the acts and contracts in the region you are interested; f) Administer, in accordance with the Statute and the law of the autonomous regions finance, tax revenues collected or generated in the region, as well as participation in state tax revenues and other revenues that are allocated and affect them with their expenses; g) exercising supervisory power on local authorities; h) Oversee the services, public institutions and public enterprises and nationalized exercising the activity exclusively or predominantly in your region, and in other cases where the regional interest justifies it; I) carry out the civil request and expropriation in the public interest, in accordance with the law; j) perform all acts required by law relating to employees and agents of the regional autonomous administration; l) Exercise other executive duties as may be assigned by law. 2. It is the responsibility of the Regional Government in tax matters, in accordance with the law: a) Launch, settle and collect taxes through own services or using the services of the State; b) Scrounging revenues from other taxes, fees or revenue equivalent; c) Exercise the position of active person in tax relations in that region is part; d) Grant tax benefits. Article 90 form of acts from Regional Government 1. Are the regional regulatory decree form the Regional Government acts referred to under (a)) and d) of paragraph 1 and in paragraph 3 of article 88.

125 2. Are approved by the Council of the Regional Government regional regulatory decrees, the regional legislative decrees and proposals of regional referendums and the antepropostas of law. 3. regional regulatory decrees are sent to Represent the Republic for signature and are sent to publish in the Gazette and republish in the official journal of the region. 4. All other acts of the Regional Government and its members shall be published in the official journal of the region, as defined by regional legislative decree.

CHAPTER III STATUS of HOLDERS of POLITICAL OFFICE section 1 common provisions article 91 holders of political offices of government agencies own Are holders of political office of the Government of the autonomous region of the Azores, members of the Legislative Council and members of the Regional Government. Article 92 Regulations on remuneration of holders of political office 1. The President of the Legislative Council and the President of the Regional Government must pay status identical to that of Prime Minister. 2. Members of the Legislative Council understand monthly salary corresponding to the Members of the Assembly of the Republic, deducted from the percentage of 3.5%. 3. The Vice-President of the Regional Government realize a monthly basic salary corresponding to half of the sum of the salary of the President of the Regional Government with the maturity of a Regional Secretary.

126 4. Vice-Chairman of the Regional Government is entitled to a fee for representation expenses equal to half of the sum of money equivalent received by the President of the Regional Government with money equivalent received by a Regional Secretary. 5. The regional Secretaries pay status identical to that of the State Secretaries and under secretaries of Regional State Undersecretaries. 6. The Vice-Presidents of the Assembly and the Presidents of the parliamentary groups are entitled to a monthly allowance for representation expenses in the amount of 25% of the basic salary of the President of the Legislative Council. 7. The Vice-Presidents of the parliamentary groups, members incorporated in parliamentary representation and Committee Chairmen are entitled to a monthly allowance for representation expenses in the amount of 20% of the basic salary of the President of the Legislative Council. 8. The Secretaries of the Bureau and rapporteurs of committees are entitled to a monthly allowance for representation expenses in the amount of 15% of the basic salary of the President of the Legislative Council. 9. The remaining Members not referred to in paragraphs 6, 7 and 8 are entitled to a monthly allowance for representation expenses in the amount of 10% of the basic salary of the President of the Legislative Council, from carrying out its mandate under exclusive dedication. Article 93 allowances 1. Political office holders who move out of your residence in official service can choose one of the following benefits: a) daily allowance allowance equal to the set for the members of the Government; b) accommodation at Hotel plus the amount corresponding to 50% or 70% of the per diems, as the movement is carried out on national territory or abroad. 2. The preceding paragraph applies also to holders of political offices moving into the island of your residence in official service, except when the distance between your home address and place of work does not exceed 40 km, 127 in case you are entitled to one third of the fixed allowance referred to in point (a)) of the preceding paragraph. 3. The members shall be entitled to the allowance fixed in accordance with this article for each day of attendance in parliamentary work, to which one must add the allowance corresponding to two days per week in any parliamentary business. Article 94 timing the time of exercise of any political office in the organs of Government of the Region in addition to the exercised as holder of political office in the organs of sovereignty. Article 95 registration of interests 1. Is created a public register of interests in the Legislative Assembly, to be regulated by regional legislative decree. 2. the register of interests is the inscription, in document itself, all activities of holders of political offices which may be considered in terms of incompatibility or impediment. 3. the register is public and can be consulted by anyone who so requests. SECTION II statute for members of the Legislative Council Article 96 rights, perks and immunities of members of the Statute for members of the Assembly of the Republic shall apply to Members of the Legislative Council with regard to the rights, benefits and constitutional immunities and legally enshrined mutatis mutandis and according to the specifics laid down in these regulations and in the relevant legal regime.

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Article 97 social Security of members 1. Members are entitled to the social security scheme for civil servants. 2. In the case of deputies to the social security scheme of your professional activity, it is up to the Legislative Council the satisfaction of charges that would lead to their employer. Article 98 Members not engaged permanently 1. Members may choose not to be permanently assigned to the Legislative Council. 2. In the case referred to in the preceding paragraph, the representative is obligatorily assigned to the Legislature only during operation of the Plenary or during the performance of work or official missions for which has been specially elected or appointed. 3. Members not engaged permanently to the Legislative Council are entitled to exemption from all professional activities, public or private:) during operation of the Plenary of the Assembly, the Bureau and the committees or representatives to which they belong; b) During the five days preceding the Plenary of the Assembly or your departure and during the same period of time following the end of the plenary or of your return in your constituency; c) up to five days per month, followed or interpolated, in your constituency; d) During the visit to your residence at the end of each week of work of the Assembly, either in Plenary or in committees; and travel between) during your residence and the circle that was elected, if these do not coincide and the Member resides in the region up to five times by legislative session; f) During the movement between your residence and the islands of the region, in particular for the purposes set out in paragraph 2 of article 31, once a year.

129 Article 99 journeys Travel incurred in the performance of their duties or because of them, the members shall be entitled to the corresponding transport, life insurance and emergency medical assistance. Article 100 1 Incompatibilities. Are incompatible with the exercise of the mandate of a Deputy to the Legislative Council the following positions or functions: a) President of the Republic, Deputy to the Assembly of the Republic and member of the Government of the Republic; b) representative of the Republic and member of the Regional Government; c) member of the Constitutional Court, the Supreme Court of Justice, the Supreme Administrative Court, the Court of Auditors and the Supreme Judicial Council and the Ombudsman; d) member of the European Parliament; and) Ambassador; f) Governor and Lieutenant Governor; g) President and Councillor full-time or half-time Town Hall; h) employee of the State, the region or another public body; I) member of the National Commission of elections; j) member of Cabinet of the Government of the Republic, the representative of the Republic or the Regional Government or legally equated; l) Employee of an international organization or a foreign State; m) President and Vice President of the economic and Social Council and of the economic and Social Council of the Azores; n) sectoral regional Providers; the) member of the management organ or administration of independent regulatory authority, public enterprise or public institution. 2. The provisions of paragraph h) of the preceding paragraph does not apply to the free exercise of functions of teachers in higher education, research or relevant social interest 130, if previously authorized by the competent Parliamentary Committee of incompatibilities and impediments. Article 101 1 Impediments. The Member of the Legislative Council can exercise other activities, within the limits of these regulations and the law, and must communicate the nature and your ID to the Constitutional Court and the Parliamentary Committee responsible for incompatibilities and impediments. 2. Without prejudice to the provisions laid down in law, is preventing the exercise of the mandate of Member of the Legislative Assembly: the) participation in organ with managerial or administrative functions of dealers that have activity in the region; b) Presidency of executive body of association or private foundation that has financial cooperation agreement lasting nature with the State, the region, the local authorities or other public bodies. 3. Without prejudice to the provisions laid down in law, it is also forbidden to members: to) Participate in trade or industry activity, directly or indirectly, in particular by the spouse not separate terms or through entity in which holds relevant stake or dominant influence in open procedures is compulsory, under the law, the various contestants or candidates in the context of the formation of public contracts which cover services which are or may be subject to market competition and the contracting authority is the region, the local authorities of the Azores or any entity integrated into their indirect administrations; b) Exercise judicial mandate as author in civil proceedings, in any jurisdiction, against the region; c) Sponsor foreign States; d) Benefit, personnel and wrongly, of acts or take part in contracts whose formation process involved organs or services placed under direct your influence; and) Appear or participate in any way in acts of commercial advertising.

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4. Mr lacks authorization of the Legislative Assembly, under penalty of preventing, through the competent Parliamentary Committee, to: a) Be referee, juror, expert or witness; b) Be holder of Office of government appointment. 5. the authorisation referred to in point (a)) of the preceding paragraph shall be requested by the competent judge or by the instructor of the process, in document addressed to the President of the Legislative Council, being the deliberation preceded by hearing by Mr. 6. Must not be allowed to exercise the function of expert or arbitrator under paid in any process in which are part of the region, the local authorities of the Azores or any entity integrated into their administrations indirect. 7. The infringement of the provisions of paragraphs 1, 2 and 3 and 4 of this article shall, for the Member concerned, without prejudice to your liability to other titles: a) warning; b) suspension of the mandate for the duration of the impediment, for a period of not less than 50 days; c) mandatory reset of the total remuneration to the holder receives for the exercise of public functions, since the moment and while the offside situation. Article 102 control of impediments and incompatibilities Checked any impediment or noncompliance by the competent Parliamentary Committee on the basis of matter and approved its opinion by the plenary, the Member is notified to, within 30 days, put an end to that situation. SECTION III Status of the members of the Regional Government Article 103 status of members of the Regional Government the status of members of the Government of the Republic shall apply to members of the Regional Government, with regard to duties, responsibilities, incompatibilities, immunities, rights, and benefits with the necessary adjustments and in accordance with the established in these regulations specificities 132 and in the relevant legal regime. Article 104 limitation of mandates of the President of the Regional Government 1. The President of the Regional Government can only be nominated for three consecutive terms. 2. The President of the Regional Government, after completed the mandates referred to in the preceding paragraph, can not assume new term during the four year period immediately following the last consecutive term allowed. 3. In the case of resignation, during your third consecutive term, President of the Regional Government cannot be appointed as a result of immediate elections or taking place in the period immediately following the resignation. TITLE V of the REGION with OTHER PUBLIC AUTHORITIES chapter I GENERAL article 105 COOPERATION general principles for relations between the region and other public legal persons shall be governed according to the principles of cooperation, information sharing and transparency, institutional loyalty, national solidarity, subsidiarity and decentralisation. Article 106 instruments of cooperation with the region and the Republic, within their respective competence, may conclude agreements and make use of any other means of cooperation in pursuit of their common objectives.

133 Article 107 1 cooperation agreements. The region and the State, represented by the Regional Government and the Government of the Republic, respectively, may conclude legally binding agreements on matters of common interest with the objectives, sectoral or general scope, mixed bodies, public or private enterprises of mixed capital, carrying out plans, programmes or projects, or collections of management or exploitation of services corresponding to their duties. 2. agreements involving the pursuit, by region, of the State assignments are accompanied by the transfer to the sufficient financial means. 3. After your celebration, agreements involving changes in the distribution of tasks and powers between the region and the State must be approved by law or, on matters not covered by absolute reserve of competence of the Assembly of the Republic, by decree-law. Article 108 participation in bodies of the Republic the region participates in establishing, leading and implementing the general policy of the State on matters concerning him/her through the competent bodies, in accordance with the provisions in these bylaws and in the law. Article 109 delegation of powers of the Government of the Republic on Regional Government 1. In matters whose regulatory competence is reserved for the Government of the Republic, under the Constitution, can this delegate, through resolution of the Council of Ministers, the competence for the exercise of administrative function, in whole or in part, in the Regional Government. 2. The competence for the exercise of administrative function, for the purposes of the preceding paragraph, covers the issuance of regulations, the practice of administrative acts and administrative contracts, as well as the joint exercise of powers.

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3. The Government of the Republic may also delegate the power of Regional Government coordination of State services in the region with the regional services. 4. The delegation of powers provided for in paragraph 1 of this article shall not extinguished by the change of holders of the Government of the Republic or of the Regional Government. 5. The instrument of delegation of powers of the Government of the Republic on Regional Government applies the provisions of the code of administrative procedure shall apply mutatis mutandis. Article 110 relations with local and regional authorities, through the Regional Government, can establish special relations of coordination, collaboration or cooperation, including through the conclusion of agreements with other public bodies, including the autonomous region of Madeira, administrative regions and other local authorities and their associations, applying the arrangements foreseen for the conclusion of cooperation agreements with the State mutatis mutandis. CHAPTER II of the HEARING of the GOVERNMENT AGENCIES OWN by ORGANS of SOVEREIGNTY article 111 hearing by the President of the Republic about the political powers 1. The Legislative Assembly must be heard by the President of the Republic before the appointment or dismissal of the representative of the Republic in the region. 2. The Legislative Assembly, the President of the Regional Government and the parliamentary groups and representations of the Legislative Council shall be heard by the President of the Republic before the dissolution of the Legislative Assembly and marking the date for regional elections or referendum. 3. The President of the Legislative Council and the President of the Regional Government must be heard by the President of the Republic before the Declaration of a State of siege or of emergency on the territory of the region.

Article 112 135 Hearing by the Assembly of the Republic and by the Government on political powers to Parliament and the Government must listen to the region through the Regional Government, about the performance of their duties and responsibilities, as well as policies when participating, within the framework of the Community institutions in the exercise of political powers, on matters concerning the region. Article 113 hearing on the exercise of legislative powers 1. The approval of laws and decree-laws applicable in the region must be preceded by a hearing of the Legislative Council on matters concerning him. 2. in addition to the legislative jurisdiction of the Legislature itself, matters which relate to the region, in particular: a) the policies relating to internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf contiguous to the Islands; b) tax policies, monetary, financial and exchange rate policy, so as to ensure the regional control of the means of payment in circulation and the financing of investments necessary to your economic and social development; c) the scheme of the regional referendum; d) the regional finance scheme; and) the status of local authorities of the Azores and their financing; f) general scheme of preparation and organisation of the regional budget; g) definition and system of regional public domain goods and State public domain situated in the regional territory; h) the Organization in judicial region; I) public safety and the Organization of the security forces in the region; j) the planning and regulation of land use planning and urban design, with regard to the regional territory;

136 l) regional Scheme of integrated production cooperative and social sector. 3. Taking into account the legislative competence of your development, the region, through the Legislature, must also be heard by Parliament when this exercise the legislative powers your about: the foundations of the education system); b) Foundations of the social security system and the national health service; c) foundations of the system of protection of nature and the ecological balance; d) Bases of cultural heritage; and agricultural policy); f) foundations of the regime and under the civil service; g) General Bases of the system of public enterprises and public foundations; h) foundations of regional planning and urbanism. Article 114 hearing on administrative powers for the Government of the Republic shall hear the region through Regional Government, on the exercise of administrative powers, as well as when to participate, within the framework of the Community institutions in the exercise of administrative powers, on matters concerning the region. Article 115 form and time limit of hearing 1. The Government pronounced itself by issuing reasoned opinion. 2. In situations of emergency declared by the manifest sovereignty or as appropriate, in particular the one-person organs, the hearing may be made by oral way. 3. The organs of sovereignty can determine the confidential nature of the hearing when the nature of the situation or of matter warrant or when national defense is concerned.

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4. The deadline for the pronunciation should be reasonable and is set by the organ of sovereignty, but may not be less than 15 days to the Regional Government and 20 days for the Legislature. 5. The time limits laid down in the preceding paragraph may be extended when the complexity of the matter so warrants, or shortened, in situations of urgency duly substantiated expresses declared by the sovereignty and, except as provided in paragraph 2, be shorter than 5 days. 6. The Government agencies own may request an extension of the deadline granted by the organ of sovereignty to give, through reasoned decision. 7. Can be agreed other forms of hearing of government agencies own about the activity of the organs of sovereignty with respect to the region, as well as the terms of your collaboration in this activity. Article 116 qualified Hearing 1. The Assembly of the Republic and the Government have adopted a qualified hearing procedure in the following cases: a) legislative initiatives which may be desconformes with any norm of this Statute; (b) legislative or regulatory Initiatives) aimed at the suspension, reduction or elimination of duties, assignments or regional competences, in accordance with paragraph 3 of article 14; c) legislative initiatives for the transfer of duties or responsibilities of the State administration to local authorities of the Azores, in accordance with article 132. 2. The qualified hearing procedure begins with the submission to the competent of the proposal itself or Government draft Act accompanied by a special and sufficient grounds for the proposed solution, in the light of the principles of the primacy of the Statute, the acquired autonomous and subsidiarity. 3. Within the time limit indicated by the sovereignty concerned, which can never be less than 15 days, the Government body competent issuing reasoned opinion itself.

138 4. In the case of the seem to be unfavourable or non-acceptance of the amendments by the sovereignty concerned, must constitute a bilateral Committee with an equal number of representatives of sovereignty and of the Government itself, to formulate, by common accord, an alternative proposal, within 30 days, unless otherwise agreed. 5. Since the period referred to in the preceding paragraph, the organ of sovereignty decides freely. Article 117 pronunciation of government agencies own 1. The Government agencies own can still, for your initiative, comment on matters within the competence of the organs of sovereignty concerning the region, through the issue of a reasoned opinion. 2. The organs of sovereignty must be taken into consideration in your performance pronunciations by own Government issued pursuant to the preceding paragraph. TITLE VI of INTERNATIONAL RELATIONS in the REGION article 118 the region's Participation in the foreign policy of the Republic 1. The region through Regional Government takes part in the determination and implementation of foreign policy of the Republic when matters are concerned concerning him. 2. Are matters concerning the region, for the purposes of paragraph 1, in particular: (a)) relating to its duties or powers; b) relating to policies territorial sea, exclusive economic zone and the continental shelf; c) fiscal policies, monetary, financial and exchange rate policy, so as to ensure the regional control of the means of payment in circulation and the financing of investments necessary to your economic and social development; d) the condition of outermost region and insularity;

139 e) the use of military bases in the region; f) public security in the region; g) fishing and agricultural policy, when on the territory of the region; h) the regulation of protected designations of origin, protected geographical indications or other systems of protection and valorization of products and brands in the region; I) environmental policy, resource management and protection of the fauna and flora of the region; j) international trade, when focusing on products of regional production; l) investments in the region; m) the cultural heritage in the region; 3. in the context of the right of participation referred to in paragraph 1 of this article, the region has the right to: a) request the Republic the celebration or the adherence to international treaties or agreements that are appropriate to the achievement of the fundamental objectives of the region; b) Be informed, by the Republic, the negotiation of treaties or agreements; c) Participate, integrated into the Portuguese delegation in negotiating treaties or international agreements and other international negotiations or summits; d) Participate in the Portuguese representations before international organizations; and) to the organs of sovereignty, through the Legislative Council or Regional Government, the observations and proposals relevant to understand in the context of the above this paragraph. 4. In the context of their own duties and responsibilities, the region must perform, in your territory, the international treaties and agreements, as well as binding decisions of international organizations.

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Article 119 participation in European integration 1. The region is entitled to participate in the processes of formation of the will of the Portuguese State in the context of European integration when are concerned matters concerning him, pursuant to paragraph 2 of the preceding article. 2. For the purposes of the preceding paragraph, the region has the right to: a) Integrate the delegations of Portuguese State for negotiations in the context of the review of law originating in the Union, the adoption of new treaties, or the decision-making process; b) participate in the Committee of the regions, through the President of the Regional Government or who for him is indicated, as well as to other bodies of the Union; c) Be consulted, through the Legislature, on the regulatory initiatives of the Union in the framework of the procedure of verification of compliance with the subsidiarity principle, when these affect their duties and responsibilities or your outermost condition; d) Be informed, by the organs of sovereignty, of the initiatives or proposals that these present before European institutions, or in procedures which are directly involved; and) establish relations of collaboration, through the Legislative Council, with the European Parliament; f) proposing legal action in the European institutions, to the extent of your legitimacy or request the use of the Middle Republic proper judicial community courts to defend their rights. 3. When issues are concerned that say exclusively to the region, the State should ensure him a dominant position in their negotiations. Article 120 external cooperation of the region 1. The region, through the Regional Government and under the guidance and supervision of the Legislative Council, carries out the action in your foreign policy and Foreign Affairs, defense and promotion of the interests which they constitutionally and statutorily proceed.

141 2. The region coordinates your international activities with the guidelines defined by the organs of sovereignty with competence in the field of foreign policy. 3. the external representation of the State provide to the region all the aid necessary for the continuation of your policy of external cooperation. Article 121 External Relations with other entities 1. In the context of its external relations with other entities, the region, in particular: a) boost development of cultural, economic and social ties with the territories where Portuguese migrant communities resident from the region and their descendants or they come from immigrant communities residing in the region; b) Develop privileged relations with entities of the Portuguese-speaking countries, in particular through participation in projects and cooperation activities within the framework of the community of Portuguese Language countries; c) establish relations of cooperation and collaboration with organizations of European States, in particular, of European Union Member States, namely in terms of the provision and operation of public services; d) develop partnerships with other outermost regions, particularly in the context of European territorial cooperation programmes and deepen cooperation within the Macaronesia; and Participate in international organizations) relating to foster dialogue and interregional cooperation.

142 2. Under the preceding paragraph, the region can, through the Regional Government, establish or access agreements with entities of other States. TITLE VII GENERAL chapter I ORGANIZATION REGIONAL ADMINISTRATION 122 AUTONOMOUS administrative organization of the region the administrative organisation of the region should reflect geographical reality, economic, social and cultural of the archipelago, in order to better serve its population and, at the same time, to encourage the unity of the people of the Azores. Article 123 Regional Services 1. The regional autonomous administration aims to further the public interest in respect for the rights and legally protected interests of citizens and of the principles of equality, proportionality, justice, impartiality and good faith. 2. The organization of regional autonomous administration adheres to the principles of decentralisation and devolution of services, take into account the constraints of each island and aims to ensure a quick, effective and administrative activity. 3. The Regional Government, with a view to ensuring an effective approximation of services to populations, promotes the existence in each island its services or departments of a delegation from the Regional Government. Article 124 regional public Function 1. The regional autonomous administration has own frames that must meet the criteria of economy of means, of qualification and professional efficiency. 2. The bases and the general scheme of recruitment to the civil service in regional services, technical training, and careers, 143 status and retirement scheme disciplinary are those defined by law for the administration of the State. 3. mobility is guaranteed between the frames of the autonomous regional administration, local administration and the State administration, without prejudice to the acquired rights, especially with regard to seniority and career. CHAPTER II OTHER ORGANS article 125 REGIONAL representative bodies of the Islands 1. Each island has a representative body of its interests. 2. The representative bodies of the Islands shall: a) an opinion on matters of interest to the island, for your initiative or at the request of one of the organs of Government. (b) encourage collaboration and cooperation) between the same island authorities and standardisation of municipal regulations; c) Exercise the other powers assigned to him by regional legislative decree. 3. The representative bodies of the Islands should be composed of representatives of government agencies, local government itself and society. 4. The Constitution, organization and functioning of the representative bodies of the Islands, as well as the rights and duties of its members, are regulated by regional legislative decree. Article 126 independent regional administrative bodies 1. The region can, within the framework of its tasks and through regional legislative decree, to create independent regional administrative entities, where the nature of the administrative activity concerned justifies it. 2. independent administrative regional entities may take regulatory tasks, monitoring and supervision.

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3. The independent regional administrative entities are legal persons governed by public law and have budgetary and financial autonomy. 4. The specific scope of your performance, composition, organization and functioning are regulated by regional legislative decree. Article 127 sectoral regional Providers 1. The region can create sectoral regional providers, while respecting the powers of the Ombudsman and in coordination with this, to receive complaints from citizens for actions or omissions of bodies or autonomous regional administration services, public or private organisms that depend on private companies entrusted with the management of regional public services or carrying out activities of General or universal interest at the regional level. 2. sectoral regional providers can address the recommendations that understand the entities referred to in the preceding paragraph and exercise the other powers assigned to them by regional legislative decree. 3. sectoral regional providers are elected by the Legislative Council and have an independent status. 4. The creation of a sectoral regional provider does not involve any restriction of the right to complaint to the Ombudsman or to their skills. Article 128 the Azores economic and Social Council 1. The economic and Social Council of the Azores is the collegial body of independent advisory and follow-up with the Government agencies for economic matters, labour, social and environmental development, aiming to foster the dialogue between civil society and political power. 2. The economic and Social Council of the Azores participates in the elaboration of economic and social development plans, exercises functions of social dialogue and can decide, at the request of government agencies own or by your initiative, on the matters of your competence.

145 3. The composition, powers, organization and functioning of the economic and Social Council of the Azores are regulated by regional legislative decree, guaranteeing the equal participation of social groups, economic and business professionals in the region. CHAPTER III Article 129 STATE ADMINISTRATION general principles of State administration in the region 1. The administration of the State in the region is organized in order to combat the negative consequences of insularity and remoteness of the archipelago and takes into account regional specificities. 2. The State ensures a balanced distribution of its services between the various islands. 3. The region may request the State to set up regional delegations in the context of your direct or indirect administration, when your nature or its attributions justify it. Article 130 1 Judicial Organization. The regional judicial organization takes into account the specificities and needs of the region. 2. Each island, with the exception of the Raven must correspond at least to the circumscription of a judicial court of first instance, and should exist in a judicial court of second instance. LOCAL GOVERNMENT CHAPTER IV, Article 131 relations with local authorities of the Azores 1. The region has special relations of cooperation, coordination and collaboration with local authorities and their associations located in your territory.

146 2. The region encourages the establishment of intermunicipal cooperation mechanisms in your territory. Article 132 administrative competence of the region reserve the transfer of tasks and competencies of the State administration to local authorities of the Azores should take into account regional specificities, in compliance with the principle of subsidiarity and should be, in any case, preceded the hearing procedure qualified region. Article 133 Municipality of Corvo Island, the municipality of Corvo Island, by specific constraints, is the owner of the generic skills of parishes, mutatis mutandis, in its territory. TITLE VIII Article 134 Reserve STATUS REVIEW of legislative initiative this Status can only be revised at the initiative of the Legislative Council, through the elaboration and adoption of a draft law to be submitted to Parliament. 135.3 project preparation 1. The opening of the process for reviewing the Statute belongs to members. 2. The assumption of powers of statutory review, the definition of the respective procedure and the consequent opening of Status review is deliberate by the absolute majority of deputies in effectiveness of functions.

147 136 Assessment of the project by the Assembly of the Republic 1. The Assembly of the Republic, while enjoying the draft Statute, should hear the Legislative Assembly whenever deemed appropriate. 2. The Legislative Assembly designates a representative delegation of parties who have to present the draft revision of the staff regulations to the Assembly of the Republic, which may ask to be heard by the President of the Assembly of the Republic, by the Advisory Committees to discuss the project, by groups or by members at any time of the legislative procedure in the Assembly of the Republic. 3. The Council may decide, by an absolute majority of deputies in effectiveness of functions, withdraw the draft revision of the staff regulations, to the close of voting in the specialty. 137 Amendment of the project by the Assembly of the Republic 1. If the Assembly of the Republic to amend the draft Statute must refer it to the Legislative Council in order to enjoy all the changes made and about they send sound. 2. The powers of the review by the Assembly of the Republic Status are limited to statutory norms on which covers the initiative of the Legislative Assembly. Article 138 new text of Statute changes the Statute are inserted in the proper place, by the replacements, deletions and additions required, being the Statute, in your new text, published jointly with the law review.