Key Benefits:
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PROPOSED LAW NO. 182 /X
Exhibition of Motives
Municipal associativism has been understood, for a long time, as an element
vital to the enhancement of democratic local power, concretizing the principles of
decentralization and subsidiarity enshrined in the Constitution of the Republic
Portuguese.
Since the entry into force of the Decree-Law No. 266/81 of September 15 that has been
understood that it is " imperious to provide the municipalities with legal instruments
indispensable to the rational management of its current financial resources " , which is why
the creation of associations of municipalities, provided for in the then Article 254 of the Constitution,
has been regarded as one of the most important instruments of good municipal management
"taking into account the insufficient size of many of the municipalities". Thus, that one
diploma admitted to the establishment of the associations of municipalities depending on the agreement of the
interested municipalities.
Returned about eight years, the Decree-Law No. 412/89, of November 29 established
a new legal regime of the associations of municipalities, maintaining the idea that " the
associations of municipalities have been unveiled valid legal instruments in the realization
of assignments committed to local authorities ". The experience of the implementation of the scheme
legal 1981 revealed the need to make some adjustments to its
legal framework, " so as to confer on the associations of municipalities the means required for
a greater dynamism and effectiveness of action, with this favoring their normal
health ". How innovative aspects were to highlight then the prediction of the
institute of the delegation of powers, the delimitation of the duration of the mandate, the
mandatory confirmation of the mandate after the occurrence of general elections
national for municipal bodies, the possibility of the appointment of a
administrator-delegate, the clarification regarding the guarantee of loans with
all or part of the associative heritage and the possibility of requisition of personnel
to entities other than the associated municipalities, eliminating the temporal limits
legal of their duration.
The Law No. 172/99 of September 21, coming to establish the common regime of the
associations of municipalities of public law, did not bring major novelties and innovations
legislative terms with respect to the regime that preceded it.
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However, in 2003, the Government then in office presented two proposals for law in the
Assembly of the Republic which behaved significant changes to the regime until
then behold, admitting, including, the creation of new assignments of the associations of
municipalities, distinguishing between inter-municipal communities and associations of
municipalities of specific purposes. Simultaneously to Law No. 11/2003, Law No. 10/2003,
also of May 13, establishes the establishment scheme, the framework of assignments and
competences of the metropolitan areas and the functioning of their organs, admitting
that the metropolitan areas can be of two types:
a) Large metropolitan areas (GAM);
b) Urban communities (ComUrb).
This new model of organization of the Metropolitan Areas and Communities
Urban, blended with the new regime of the associations of municipalities, gave rise to
a process of reorganization of the municipal associative model by installing a set
of criteria that promoted territorial inconsistency.
Fulfilling what has the XVII Government Programme in this matter, it matters as
ensuring that municipal associativism should always have a very relevant role
in the desirable articulation of policies and actions at the supramunicipal level. However, the mere
municipal associativism, including in the form of the current metropolitan areas and
inter-municipal communities, cannot give enough response to problems and challenges
of larger size, specifically those that result from the new Finance Act
Locations and the new National Strategic Reference Framework (QREN). In fact,
these entities do not guarantee the necessary rationality and territorial scale, they lack
of a standardised framework of transfer of competences and resources and
present themselves destitute of the democratic legitimacy that is necessary for that
can assume, fully, a decisive protagonist in the conduct of true
regional development policies. It matters therefore, that the associations of
municipalities may have a regime that allows them to raise the respective scale of
intervention, at the same time that they must accompany the organization matrix
de-concentrated of the State. The dialogue between the devolved structures of the State and the
associations of municipalities become carried out on a similar and without
territorial disconformities.
Thus, the Government's proposal for law points to the associations of municipalities
can be of two types:
a) Of multiple purposes, which go on to designate Intermunicipal Communities
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(CIM);
b) Of specific purposes.
CIM goes on to play a consequent role in the planning and management of the
economic, social and environmental development strategy of its territory and will have
more conditions for effecting the coordination of the performances between the municipalities, among the
municipalities and the services of the central administration.
In line with the Decree-Law No. 312/07 of September 17, which defined the
governance model of the National Strategic Reference Framework (QREN) and the
respective operational programmes, the present proposed law values the role of the
associations of municipalities in the strategic advisory bodies of the programmes
regional operational as well as in the forecasting of decentralized execution or in the
contractualization of partnerships for management of plots of the operational programmes
regional.
Only the associations of municipalities corresponding to one or more NUTS III will be
considered to be partners of the Government in relation to decentralization of competences and
of participation in the management of the QREN, acauding the need for coherence and
territorial continuity.
Also the governance model of CIM becomes more democratic, strengthening the
democratic legitimacy of the organs and the responsibility of the executive bodies in the face of
the deliberative organs.
CIM is similarly marked by the requirement of rigor and financial discipline, of
agreement with the matrix established in the Local Finance Act, passed by Law n.
2/2007, of January 15.
Another essential change in the scope of this proposal relates to valorisation
of the exercise of competences of the associations of municipalities with delimitation
equivalent to that of NUTS II. CIM that have this dimension go on to play
skills at the level of spatial planning, to establish the regional networks of
equipment and to be the interlocutors of the State in the regional framework.
In a framework of maintaining the freedom of association of municipalities, the municipalities
may constitute and maintain the associations of specific purpose municipalities. Despite
of this, it is understood that the present proposal should give primacy to the principle of stability
institutional and also apply to the associations of municipalities of specific purpose rules
of public law that allow for clarity and transparency in resource management and
common interests of municipalities.
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It was heard from the National Association of Portuguese Municipalities.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
Article 1.
Subject
This Law establishes the legal regime of municipal associativism.
Article 2.
Typology, nature and constitution
1-The associations of municipalities can be of two types:
a) Of multiple purposes;
b) Of specific purposes.
2-The associations of municipalities of multiple purposes, named Communities
Intermunicipal (CIM), are legal persons of public law constituted by
municipalities that correspond to one or more of the territorial units defined with
basis in the Nomenclatures of Territorial Units Statistics of level III (NUTS
III) and adopt the name of these.
3-The municipalities of Greater Lisbon and the Setúbal Peninsula integrate the Area
Metropolitan of Lisbon and the municipalities of the Great Port and Entrei-Douro e
Vouga integrate the Metropolitan Area of Porto, which are regulated by diploma
own.
4-The associations of specific purpose municipalities are legal persons of law
private set up for the common realization of specific interests of the
municipalities that integrate them, in the defence of collective interests of a sectoral nature,
regional or local.
5-For the purposes of applying this Act, the territorial units defined on the basis of
in NUTS III are those defined in a diploma of their own.
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Article 3.
Impediment
Municipalities can only be part of an association of multipurpose municipalities,
but may belong to various associations of specific purpose municipalities, provided that
have various purposes.
CHAPTER II
Intermunicipal Communities
Section I
Institution, assignments and statutes
Article 4.
Institution
1-CIM correspond to defined territorial units on the basis of NUTS III and
are instituted in concrete with the approval of the bylaws by the assemblies
municipal of the absolute majority of the municipalities that integrate them.
2-A The accession of municipalities at a later time to the creation of the CIM does not depend on the
consent of the remaining municipalities.
Article 5.
Attributions
1-CIM is intended for the pursuit of the following public purposes:
a) Promotion of planning and management of development strategy
economic, social and environmental of the territory covered;
b) Articulation of municipal investments of intermunicipal interest;
c) Participation in the management of regional development support programs,
specifically within the framework of the National Strategic Reference Framework-
QREN;
d) Planning of the actuations of public entities, of supramunicipal character;
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2-It is also up to CIM to ensure the articulation of the actuations between the municipalities and
the services of the central administration, in the following areas:
a) Public supply networks, basic sanitation infrastructure,
treatment of wastewater and urban waste;
b) Network of health equipment;
c) Educational and vocational training network;
d) Spatial planning, conservation of nature and natural resources;
e) Safety and civil protection;
f) Mobility and transport;
g) Networks of public equipment;
h) Promotion of economic, social and cultural development;
i) Network of cultural, sporting and leisure equipment.
3-It is still up to CIM to exercise the assignments transferred by the central administration and the
common exercise of the competences delegated by the municipalities that integrate them.
4-It is also up to CIM to designate the representatives of local authorities in
public entities and business entities whenever the representation has
intermunicipal nature.
Article 6.
Statutes
1-The statutes of each CIM establish compulsorily:
a) The denomination, the seat and the composition of CIM;
b) The purposes of CIM;
c) The goods, services and too much input with which municipalities compete for the
pursuit of its tasks;
d) The organic structure, the mode of designation and operation of its
organs;
e) The skills of your organs.
2-A The denomination of each CIM obligatorily contains reference to the unit
territorial defined on the basis of NUTS III that integrates.
Section II
Organisation and Competences
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Article 7.
Organs
1-The representative bodies of the inter-municipal communities are the assembly
intermunicipal and the executive board.
2-Board of the executive board, and by decision of this, may work an organ
advisory integrated by representatives of the state's regional public services and
of the economic, social and cultural interests of its area of intervention.
Article 8.
Duration of the mandates
1-The term of office of the members of the intermunicipal assembly and the executive board
coincide with those who are legally fixed to the organs of the authorities
locations.
2-A loss, cessation, resignation or suspension of tenure in the municipal body
determines the same effect on the mandate held in the organs of CIM.
Article 9.
Health
The operation of CIM is regulated, in anything that is not provided for in this Law,
by the legal regime applicable to municipal bodies.
Article 10.
Deliberations
The deliberations of the organs of CIM link the municipalities that integrate them, not
lacing ratification of the respective bodies as long as the competence for this is
statuary or legally foreseen.
Subsection I
Intermunicipal Assembly
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Article 11.
Nature, constitution and operation
1-A The intermunicipal assembly is the deliberative body of CIM.
2-A Intercity assembly consists of members of each assembly
municipal, elected in a proportional manner, on the following terms:
a) Three in the municipalities up to 10000 voters;
b) Five in the municipalities between 10001 and 50000 voters;
c) Seven in the municipalities between 50001 and 100000 voters;
d) Nine in the municipalities with more than 100000 voters.
3-A election takes place in each municipal assembly by the electoral college constituted
by the pool of the members of the municipal assembly, elected directly, by
the submission of lists that cannot have a number of candidates higher than the
provided for in the preceding paragraph and must submit at least one alternate.
4-The mandates are assigned, in each municipal assembly, according to the system of
proportional representation and the method of the highest average of Hondt .
5-A Intercity assembly meets ordinarily twice a year and
extraordinarily where summoned pursuant to the statutes of CIM.
Article 12.
Table
1-The proceedings of the inter-municipal assembly are directed by a table, constituted
by the president, a vice president and a secretary, to elect her by secret ballot of
among its members.
2-While not elected to the table of the intercity assembly, the same is directed
by the oldest elected.
Article 13.
Competencies
It is incumbent on the inter-city assembly
a) Electing the table of the intercity assembly;
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b) Approve, on the proposal of the executive board, the plan's options and the proposal
of budget and its revisions, as well as to appreciate the inventory of all the
assets, rights and heritage obligations and their assessment and, still, appreciate
and vote on the accountability documents;
c) To monitor and scrutinize the activity of the executive board owing
appreciated, at each ordinary meeting, a written information about the activity
of the association, as well as of its financial situation;
d) Follow up the activity of CIM and the respective results in the companies,
cooperatives, foundations or other entities in which the association detains
some participation in the social capital or equated;
e) Approve the conclusion of protocols relating to transfers of assignments or
tasks;
f) Authorize CIM, on a proposal from the executive board, to associate with others
public, private, or social and cooperative entities, to be established or
engage in other legal persons, and constitute inter-municipal undertakings;
g) Approve your regiment and regulations, specifically of organization and
functioning;
h) Approve, on a proposal from the executive board, the plans laid down in paragraph 4 of the
article 16;
i) Approve, on the proposal of the executive board, the regulations effectively
external;
j) Approve, on a proposal from the executive board, the inter-municipal plans of
spatial planning of the respective territory;
l) Approve the collection of municipal taxes by the Intercity Community,
following the deliberation of the municipal assemblies of all municipalities
associates, in accordance with Article 13 (2) of Law No. 2/2007, of 15 of
January;
m) Approve or authorize, on a proposal from the executive board, the hiring of
loans under the law;
n) Deliberating, on a proposal from the executive board, on the form of imputation to the
associated municipalities of the expenses with personnel;
o) Designate, on a proposal from the executive board, the executive secretary and set the
respective remuneration, in accordance with the duties exercised;
p) Appoint the official reviewer of accounts or society of official auditors of accounts,
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on a proposal from the executive board, on the same terms as are provided for in the
n Article 48 (2) of Law No 2/2007 of January 15;
q) To exercise the remaining powers conferred upon it by law, by the statutes or
by the regiment.
Article 14.
President of the inter-municipal assembly
It shall compete for the President of the assembly
a) Convene the ordinary and extraordinary meetings;
b) Drive the proceedings of the assembly;
c) Exercising the remaining powers conferred upon it by law, by the statutes, by the
regiment or by the assembly.
Subsection II
Executive board
Article 15.
Nature and constitution
1-The executive board is the governing body of CIM.
2-The executive board consists of the chairpersons of the municipal chambers of
each of the integral municipalities, which elect, from among themselves, a president and two
vice-presidents.
Article 16.
Competencies
1-Compete to the executive board within the framework of the organisation and operation:
a) Ensuring compliance with the deliberations of the inter-municipal assembly;
b) Drive technical and administrative services;
c) To propose to the assembly the regulation of organization and operation of the
services;
d) To propose to the inter-municipal assembly the designation of the Executive Secretary and the
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respective remuneration, in accordance with the duties exercised;
e) Assign the CIM representatives to any foreseen entities or bodies
in the law, specifically those provided for in the governance model of the QREN, and in the
entities and companies of the public sector of inter-municipal scope;
f) Carry out the plan's options and budgets, as well as approve your
changes;
g) To propose to the inter-municipal assembly the collection of municipal taxes and
secure the respective fundraiser;
h) Present to the inter-municipal assembly the application for a hiring permit
of duly instructed loan;
i) Refer to the Court of Auditors, pursuant to the law, the accounts of CIM;
j) Present to the inter-municipal assembly the proposal for designating the reviewer
account officer or the society of official reviewers of accounts, according to
o Article 48 (2) of Law No 2/2007 of January 15;
l) To propose to the inter-municipal assembly the proposals of association with others
public, private, or social and cooperative entities, the creation or
participation in other legal persons, and the constitution of undertakings
intermunicipal.
2-Compete to the executive board, in the context of planning and development:
a) Elaborate and submit to the approval of the inter-municipal assembly the options of the
plan, the budget proposal and the respective revisions;
b) Elaborate and approve the internal control standard, as well as the inventory of all
the assets, rights and heritage obligations and their assessment and, still, the
reporting documents, to be submitted to the assessment and vote of the
intercity assembly;
c) To propose to the Government the plans, projects and investment programmes and
development of intercity reach;
d) Elaborate and monitor planning instruments, at the level of the environment, of the
regional development, civil and mobility protection and transport;
e) To draw up the intermunicipal planning plans of the respective territory;
f) Integrate the monitoring commissions for drafting, reviewing and amending the
municipal directorates, plans or sectoral policy instruments and
special planning plans of the territory;
g) Participate in the management of regional development programmes and present
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applications for funding, through programmes, projects and too much
initiatives;
h) Present programmes of administrative modernization;
i) To develop projects to train the human resources of municipalities.
3-Compete to the executive board, in the advisory framework, to issue the opinions that
are requested by the Government in respect of instruments or investments, of the
responsibility of bodies of the central administration, with impact
supramunicipal.
4-Without prejudice to the powers of ratification of the Government, it competes with the councils
executives, within the framework of territorial management, the elaboration of inter-municipal plans
of spatial planning.
Article 17.
Chairman of the executive board
1-Compete to the chairman of the executive board:
a) Convene the ordinary and extraordinary meetings and direct the respective
work;
b) Carry out the deliberations of the council and coordinate the respective activity;
c) Authorize the realization of budgeted expenses up to the limit stipulated by law
or by delegation of the executive board;
d) Authorize the carrying out of expenses carried out, pursuant to the law;
e) Sign up and target the correspondence of the board with destination to any
entities or public bodies;
f) Represent CIM in judgment and outside of it;
g) Refer to the Court of Auditors the documents that are lacking from the respective
appreciation, without prejudice to the point i) of Article 16 (1);
h) Exercising the remaining powers established by law or by deliberation of the council
executive.
2-The Chairman of the Executive Board may delegate or underdelegate the exercise of its
skills in the remaining members of the board or the executive secretary.
3-A all members of the executive board compete to co-adjuvate the president in his
action.
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Section III
Structure and operation
Article 18.
Executive Secretary
1-In CIM may be designated an Executive Secretary responsible for the management
current of the subjects and the direction of the services of her dependents.
2-A remuneration of the Executive Secretary is fixed upon proposal of the board
executive to the inter-municipal assembly, having as a limit the remuneration of director
municipal.
3-The Executive Secretary exercises his duties during the term of the term of the
organs of CIM.
Article 19.
Technical and administrative support services
1-Associations can create technical and administrative support services,
vocationates to collect and systematize the information and to elaborate the studies
necessary for the preparation of decisions or deliberations.
2-A The nature, structure and operation of the services provided for in the preceding paragraph are
defined in regulation approved by the assembly, on a proposal from the council
executive.
Article 20.
Personnel
1-CIM dispose of own personnel board, approved by the respective assembly
intermunicipal, on a proposal from the executive board.
2-The table referred to in the preceding paragraph shall be filled through the instruments of
legally required general mobility, preferably from employees coming from
of the staff tables of the member municipalities of associations of municipalities, of
district assemblies or services of the direct or indirect administration of the
State.
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3-The general mobility instruments envisaged for the employees of the
local administration are not subject to the legally anticipated duration limits.
4-Where the appeal to the mobility instruments provided for in paragraph 2 does not allow
the filling of the permanent needs of the services, admissions stay
subject to the scheme of the individual contract of employment.
Article 21.
Charges with personnel
1-The expenditure on CIM personnel relies on the effects of the limit set out in the law
for the personnel expenses of the framework of the municipalities that integrate them.
2-For the purposes of the provisions of the preceding paragraph, it is incumbent upon the inter-municipal assembly
to deliberate on the form of imputation of expenditure to the associated municipalities, the
which one lacks the approval of the municipal assemblies of the municipalities concerned.
3-In the absence of deliberation referred to in the preceding paragraph, the expenditure on personnel
are imputed proportionally to the resident population in each of the municipalities
members.
Section IV
Financial provisions
Article 22.
Plan and budget options
1-The plan of activities and the CIM budget are drawn up by the council
executive and submitted to the approval of the inter-municipal assembly in the course of the
month of November.
2-The plan of activities and the budget are remitted by the inter-municipal assembly
to the municipal assemblies of the integral municipalities, to their knowledge, in the
deadline of one month after your approval.
Article 23.
Accounting regime
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The accounting of CIM respects the one provided for in the Official Accounting Plan of the
Local Authorities (POCAL).
Article 24.
Surveillance and trial of accounts
1-CIM accounts are subject to appreciation and judgment by the Court of
Accounts, pursuant to the respective law of organization and process.
2-The accounts are sent by the executive board to the Court of Auditors, within the
deadlines set for local authorities, within the time limits provided for, after the
respective approval by the executive board.
3-The accounts are still sent to the municipal assemblies of the member municipalities,
for knowledge, within one month after the deliberation of appreciation and voting
by the assembly.
Article 25.
Heritage and finance
1-CIM has heritage and finances of its own.
2-The heritage of the associations of multipurpose municipalities consists of goods
and rights to them transferred or acquired to any title.
3-The financial resources of the associations of municipalities comprise:
a) The transfers of the State Budget corresponding to 0.5% of the
transfer of the current Financial Equilibrium Fund planned for the
set of the municipalities of the respective territorial unit defined on the basis of the
NUTS III, with a maximum annual limit of variation of 5%;
b) The product of the contributions of the municipalities that integrate them;
c) The transfers of the municipalities, in the case of competences delegated by these;
d) The resulting transfers of contractuation with the central administration and
other public or private entities;
e) The amounts of community co-financing that are allocated to them;
f) The allocations, grants or comholdings of which they come to benefit;
g) The fees for the concrete provision of a local public service by the use
toilet of goods from the public or private domain of the association of municipalities of
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multiple purposes, or by the removal of a legal obstacle to the behavior of the
private individuals, when such is assignment of the association of municipalities, in the terms
of Law No. 2/2007 of January 15;
h) The prices for services provided and goods provided;
i) The yield of own goods, the product of its disposal or of the allocation of
rights on them;
j) Any patrimonial accruals, fixed or periodic, which, free of charge or
onerous, they are assigned to them by law, contract or other legal act;
l) The product of loans;
m) Any other recipes allowed by law.
4-Constitutions expenses of the associations of municipalities of purpose multiples the charges
indispensable arising from the pursuit of their assignments.
Article 26.
Borrowing
1-CIM can borrow from any institutions authorized by
law to grant credit and enter into financial leasing contracts, in terms of
identical to those of municipalities.
2-A borrowing or the conclusion of the contracts referred to in the number
previous releva for effects of limits on the borrowing capacity of the
associated municipalities.
3-For the purposes of the provisions of the preceding paragraph, it shall compete with the inter-municipal assembly
to deliberate on the form of imputation of charges to the associated municipalities, the
which lacks the express agreement of the respective municipal assemblies.
4-The municipalities are mainly responsible for the payment of the debts
contracted by the CIM they integrate, in the proportion of the resident population.
5-CIM cannot hire loans in favour of any of the municipalities
associates.
6-It is vetoed to CIM the granting of loans to public or private entities,
saved in the cases expressly provided for in the law.
7-It is vetted to CIM the conclusion of contracts with financial entities with the
purpose of consolidating short-term debt, as well as ceding credits not
vanquished.
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Article 27.
Financial cooperation
1-CIM can benefit from specific financial support systems and programs
to municipalities, legally provided for, in particular in the framework of cooperation
technical and financial between the state and local authorities.
2-CIM can establish agreements, contracts-program and protocols with others
entities, public or private, with the object of the pursuit of their
attributions.
Article 28.
External audit of CIM accounts with capital holdings
1-The annual accounts of CIM that hold capital in foundations or in entities of the
local business sector should be checked by external auditor.
2-The external auditor is designated by deliberation of the assembly, on a proposal from the
executive board, from among official reviewers of auditors ' accounts or societies
officers of accounts.
3-Compete to the external auditor who proceeds annually to the legal review of the accounts
carry out the duties and practice the acts set out in Law No. 2/2007 of January 15.
Article 29.
Tax exemptions
CIM benefits from the tax exemptions provided for in the law for local authorities.
Section V
Contentious reaction
Article 30.
Contentious reaction
The deliberations and decisions of the organs of CIM are likely to be of contentious reaction
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in the same terms of the deliberations of the municipal bodies.
Section VI
Merger
Article 31.
Fusion of CIM
1-By deliberation of the inter-municipal assemblies, ratified by more than two thirds
of the municipal assemblies of the integral municipalities of each CIM, two or more
CIM may merge by meeting in one, as long as they are contiguous and
integrem the same NUTS II.
2-A fusion of CIM determines the global transfer of the heritage of those, to the
new association, which receives the heritage of preexisting CIM, with all the
rights and obligations that integrate them.
3-A The decision to merge CIM only can be revoked at the initiative of most of the
municipalities of one of the defined territorial units on the basis of NUTS III
members, decorated five years on the deliberation of the merger.
Article 32.
CIM of regional scope
1-The organs of CIM whose area corresponds to a NUTS II, in the terms of the article
previous, they also exercise the constant competences of the following numbers,
as long as they are not instituted in concrete the administrative regions.
2-Compete to the intermunicipal assembly of the regional CIM, in addition to the
competences provided for in Article 13.
a) Approve the regional planning and management tools,
particularly at the level of:
i) Health equipment;
ii) Educational and vocational training network;
iii) Safety and civil protection;
iv) Mobility and transport;
v) Cultural, sporting and leisure equipment.
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b) To draw up the intermunicipal planning plans of the respective territory;
c) Define the participation regime of municipalities in the drafting of the plans
regional and the establishment of regional social equipment networks and
infrastructures.
3-Compete to the executive board of regional scope CIM, in addition to the
competences provided for in Article 16.
a) To integrate the advisory committee that accompanies the drafting of the regional plan of
planning of the territory;
b) Draw up planned regional planning and management tools
in the paragraph b) of the previous number;
c) Participate in the planning of public supply, the infrastructure of
poor sanitation and the treatment of wastewater and municipal waste in the
regional scope;
d) Participate in public entities of regional scope, specifically in the
field of transport, water, energy and treatment of solid waste;
e) Planning the performance of public entities of a regional character;
f) Follow up on the elaboration of the river basin management plans;
g) Follow up on the elaboration of the planning plans of protected areas.
4-CIM whose area corresponds to a NUTS II may adopt the designation of the
regional space they integrate.
CHAPTER III
Associations of Municipalities of Specific Purposes
Article 33.
Constitution
1-A The constitution of the associations of specific purpose municipalities competes in the
municipal chambers of the municipalities concerned, staying the effectiveness of the agreement
constitutive dependent constitutive of the approval by the respective municipal assemblies.
2-The associations of specific purpose municipalities constitute themselves through the forms
provided for in the law, being outorgants the chairmen of the municipal chambers
involved.
3-A The constitution of an association of municipalities of specific purposes is communicated
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by the municipality in whose area is seated to the member of the Government that guardiits the
local authorities.
4-A elaboration of the statutes of the associations of municipalities of specific purposes
compete for the municipal chambers of the associated municipalities, depending on the effectiveness
of its ratification deliberations by the respective municipal assemblies,
together with the constitutive agreement.
Article 34.
Statutes
1-The statutes of the associations of specific purpose municipalities shall specify:
a) The denomination, the seat and the composition;
b) The purposes of the association;
c) The goods, services and too much input with which municipalities compete for the
pursuit of its tasks;
d) The skills of their organs;
e) The organic structure and mode of designation and operation of its organs;
f) The duration, when the association of municipalities of specific purposes does not
constitute for indefinite time.
2-The bylaws shall further specify the rights and obligations of municipalities
associates, the conditions of their exit and exclusion and the admission of new
municipalities, as well as the terms of the extinction of the association and consequent division
of their heritage.
3-A The modification of statutes obeys the same rules of their origination approval.
Article 35.
Obligation to remain
1-After integration into an association of municipalities of specific purposes, the municipalities
constituents are required to remain in it for a period of three years,
under penalty of losing all financial and administrative benefits and of no
be able to integrate, over a period of two years, other associations with the
same purpose as diverse from that to which they belong.
2-At the end of the period of three years referred to in the preceding paragraph, any municipality
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may abandon the association of specific purpose municipalities in which it is
integrated, provided that the respective municipal assembly delibere in that direction by
simple majority.
Article 36.
Applicable legal regime
1-The associations of specific purpose municipalities shall be governed by the provisions of the
private law and still by the following provisions:
a) Legal regime of the individual contract of employment in the Public Administration;
b) Code of Public Procurement;
c) Law of organization and process of the Court of Auditors;
d) Legal Regime of the Administrative Tutela.
2-Associations of specific purpose municipalities can access programmes and
actions in which the participation of municipalities or ensembles is admitted
municipalities.
CHAPTER IV
Transitional and final provisions
Article 37.
Transient standard
1-The metropolitan areas and the intermunicipal communities of general purposes created in the
terms of the Laws n. 10/2003 and 11/2003, of May 13, are converted to CIM
corresponding to the territorial units defined on the basis of NUTS III in which if
integrate by verifying, cumulatively the following conditions:
a) Approval of the statutes by the respective bodies within 90 days of the
entry into force of this Law;
b) Approval of the institution in concrete of CIM under Article 4 para.
2-In the sequence of deliberation provided for in the preceding paragraph, they are published in the 2 th Series
from the Journal of the Republic the statutes of CIM, operating automatically the
transfer of the heritage, rights and obligations and personnel assigned to the associations
of municipalities of general purposes or the inter-municipal communities created in the terms
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of the Laws n. es 10/2003 and 11/2003, of May 13.
3-The organs of the CIM shall be elected in the 30 days following the publication of the
statutes in the 2 th Series of the Journal of the Republic .
4-The entities referred to in paragraph 1 that do not convert to CIM, transform themselves
automatically in associations of specific purpose municipalities.
5-To the associations of specific purpose municipalities set up under the Law n.
11/2003, of May 13, the standards set out in Chapter III of the Chapter shall be applied
present law.
6-The associations of municipalities of specific purposes constituted until the entry into force
of this Law may keep in force the nature of legal person of law
public.
Article 38.
Settlement
1-Deliberate the liquidation of any entity created under the Laws No 10/2003
or 11/2003, of May 13, this keeps your legal personality for the purpose of
settlement and up to the final approval of the accounts submitted by the liquidators.
2-A assembly of the entity referred to in the preceding paragraph shall act on the appointment of the
liquidators.
3-The existing heritage is rebroken, without prejudice to the rights of third parties, among the
municipalities, in the proportion of the respective contribution to their constitution, and without
loss of the full refund, albeit upon compensation, of benefits in
species.
4-A The distribution of personnel integrated in the framework by the municipalities shall observe,
preferentially, the return to the source frame.
5-In accordance with the said in the preceding paragraph, the officials shall state, by
descending order, the municipalities in whose personnel frame prefer to be
integrated, proceeding to the respective ordinance in each career or category of
agreement with seniority in the category, career and public function.
6-They are created in the staff tables of the municipalities associated with the places, the
extinguish when they wander, necessary to the integration of the personnel of the extinct entity.
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Article 39.
Technical Support Offices
They can be transferred to CIM the heritage, personnel and financial means of the
Technical Support Offices (GAT) referred to in Article 17 of the Decree-Law
n ° 134/2007 of April 27, corresponding to the geographical area of its performance.
Article 40.
Abrogation standard
Leis n No. 10/2003 and 11/2003, both of May 13, are repealed.
Article 41.
Entry into force
This Law shall come into force on the first day of the month following its publication.
Seen and approved in Council of Ministers of March 6, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs