1 PROPOSAL of law No. 183/X explanatory memorandum in the last 50 years the European Union has undergone major transformations that globalization is accelerating with considerable consequences for the European gravity centers are metropolitan areas. These benefit, as is unanimously accepted, of a privileged situation to meet the challenges and seize the best opportunities arising from these changes. However, the weak points with regard to the balanced development of metropolitan areas still reside on your lack of identity and in the absence of a proper governance. Throughout Europe there are several models adopted, not all with the same degree of success. This is because a debate makes a bit all over Europe, but where it is recognised that the knowledge economy and the network society make metropolitan areas more attractive to people and to economic activities, since there are many challenges facing metropolitan areas. So, consolidating and projecting the big metropolitan centres of Lisbon and Porto have to be a national design. It must therefore reaffirm the decisive role and complementary to the metropolitan areas of Lisbon and Porto on territorial organisation and the international projection of Portugal. The strong relative position of these metropolitan areas, measured in terms of population, it is even more remarkable when considering indicators of your economic, institutional and cultural importance. Finally, these two major urban concentrations exert powerful effects of polarization and diffusion on the remaining spaces, more intense inside the Metropolitan their arches but spreading to the entire continent. The population growth, the transformation of your productive base and the emergence of new social problems pose a challenge to local officials covered the territory of these two metropolitan areas, requiring the adoption of new forms of response based on the principle of inter-municipal cooperation. The awareness of this situation led to the institutionalization of the metropolitan areas of Lisbon and Porto, in 1991, as the two «spaces» suitable for metropolitan-wide solutions to many of the structural problems affecting the set of 2 municipalities that integrate these solutions designed in the framework of a specific territorial development strategy. Law No. 44/91, of 2 August, which initially created the metropolitan areas of Lisbon and Porto, had in view, in particular, ensure through these entities, joint investments and services supramunicipal scope. In 2003 approved a separate model, that pointed first to the possibility of the existence of two types of metropolitan areas, the large metropolitan areas and urban communities and, respectively, the first to integrate at least nine contiguous municipalities and 350 000 inhabitants and the second at least three contiguous counties and 150 000 inhabitants, by removing consistency to the concept of metropolitan areas without any advantage for the promotion of municipal associations in other parts of the country. In fact, these entities do not guarantee the necessary rationality and territorial scale, do not have a standardized framework of transfer of skills and resources. In these terms, and as a result of the program of the XVII constitutional Government, in this parliamentary term to intervene legislatively in order to correct the many insufficiencies and irregularities detected in the model of metropolitan areas and intermunicipal communities. Thus, this Bill creates an institutional framework specific to the metropolitan areas of Lisbon and Porto, in order to create an effective metropolitan-wide authority, endowed with the powers, resources and legitimacy necessary to confront the complex problems and challenges that arise in those areas. This proposal of law differentiates the Association of municipalities of the only two existing metropolitan areas in Portugal other associations of municipalities in skills and in institutional governance model that strengthens your democratic legitimacy, creating metropolitan areas according to the limits of the NUTS III. Metropolitan areas begin to play a higher scale in terms of planning and management of the strategy of economic, social and environmental development of your territory and will be able to coordinate the performances between municipalities, between the municipalities and the central administration services. In addition, the proposal provides that the actions of the public authorities of metropolitan level are planned for metropolitan areas. Decree-Law No. 312/07, of September 17, defined the governance model of the 3 National strategic reference framework (NSRF) and related operational programmes, and the proposal of law enhance the powers of the metropolitan areas in the strategic advice of regional operational programmes, as well as in decentralised implementation or prediction in terms of partnerships for managing portions of regional operational programmes. Metropolitan areas are considered partners of Government in terms of decentralization of powers and participation in the management of the NSRFS, and is expected to strengthen the role of metropolitan areas in the respective metropolitan authorities of transports in a future legislative change and management of networks of Metropolitan equipment. At the level of the governance of metropolitan areas, this Bill works to strengthen the democratic legitimacy of the bodies of the metropolitan area and the accountability of the Executive Body to the deliberative and representative bodies of municipalities. The requirement of rigour and discipline in the management of financial resources is transposed matrix established on Local finance law, approved by law No. 2/2007, of 15 January. Was heard the National Association of Portuguese municipalities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law establishes the legal regime of the metropolitan areas of Lisbon and Porto.
Article 2 nature and scope
1-The metropolitan areas of Lisbon and Porto are legal persons governed by public and 4 constitute a specific form of Association of municipalities covered by the territorial units defined on the basis of the NUTS III of greater Lisbon and the Setubal peninsula, and Grande Porto and Entre Douro e Vouga, respectively. 2-the municipalities of the metropolitan areas of Lisbon and Porto can integrate associations of municipalities of specific purposes, in accordance with the legal regime of the municipal associations. 3-for the purposes of this law, the municipalities members of the metropolitan areas are listed in the annex, which forms an integral part of this law.
Article 3 Tutela metropolitan areas of Lisbon and Porto are subject to the legal framework of administrative supervision.
CHAPTER II competence, organs and competences article 4 1 Assignments-The metropolitan areas of Lisbon and Porto are intended to achieve the following purposes: to) participate in the preparation of plans and programmes of public investment with incidence in the metropolitan area; b) Promote the planning and management of the strategy of economic, social and environmental development of the territory covered; c) articulate the municipal investments metropolitan character; d) Participate in the management of regional development support programmes, in particular in the framework of the National strategic reference framework (NSRF); e) Participate, pursuant to law, in the definition of services and equipment networks of Metropolitan scope; 5 f) Participate in nationwide public entities, in particular in the field of underground transport, water, energy and solid waste treatment; g) Planning the actions of public authorities of metropolitan character. 2-Fit also to the metropolitan areas of Lisbon and Porto to ensure the coordination of actions between the municipalities and the central administration services, in the following areas: the) public supply networks, infrastructure, sanitation, wastewater treatment and waste; b) network health equipment; c) educational and vocational training Network; d) spatial planning, conservation of nature and natural resources; and Safety and civil protection); f) mobility and transport; g) networks of public facilities; h) Promotion of the economic and social development; I) network of cultural, sports and leisure. 3-it is also the metropolitan areas of Lisbon and Porto to exercise the powers transferred by the central Government and the joint exercise of powers delegated by the municipalities that are part of. 4-Fit also to the metropolitan areas of Lisbon and Porto designate representatives in municipal governments or business entities have Metropolitan nature.
Article 5 Organs 1-The metropolitan areas of Lisbon and Porto are constituted by the following organs: a) the Metropolitan Assembly; b) the junta metropolitana. 2-with the organs referred to in paragraph 1 operates a metropolitan Executive Committee. 3-you can still work with the Metropolitan Board, a consultative body, composed of representatives of the regional public services and economic interests, social and cultural rights 6 of your area of intervention.
Article 6 term 1-the term of Office of the members of the metropolitan and metropolitan joint meetings coincide with those that legally are set for the organs of the local authorities. 2-the loss, termination, waiver or suspension of mandate in the municipal organ determines the same effect in the mandate held in the organs of the metropolitan area. 3 – recipients of organs exercise their mandates during the period referred to in paragraph 1 and shall remain in Office until they are legally replaced.
Article 7 operation the operation of the metropolitan areas of Lisbon and Porto shall be governed, in everything that is not provided for in this Act, the conditions of employment of municipal bodies.
Article 8 Decisions decisions of the organs of the metropolitan areas of Lisbon and Porto link the municipalities that integrate, not requiring ratification of the respective organs since the competence for such is legally provided for or statutory.
Section I Metropolitan Assembly article 9 Nature, Constitution and operation 1-the Metropolitan Assembly is the deliberative organ of the metropolitan area. 2-the Metropolitan Assembly is made up of 55 members elected by municipal, 7 meetings between its members, forming part of the metropolitan area. 3-the election is done by the electoral college comprises all the members of the municipal assemblies are elected directly, by submitting lists that cannot have a number of candidates than mandates to fill. 4-the vote takes place under each City Council and made the sum of the votes obtained by each list, the mandates are allocated according to the proportional representation system and the highest average method d'Hondt method. 5-voting and ballot referred to in the above paragraphs are carried out simultaneously in the municipal assemblies of its metropolitan area. 6-When some of the members leave the Metropolitan Assembly or ask your suspension term shall be replaced in accordance with filling vacancies in municipal assemblies. 7-the Presidents of the junta metropolitana and the Metropolitan Executive Committee participating in the sessions of the Metropolitan Assembly, and may intervene in debates without the right to vote. 8-the Metropolitan Assembly ordinarily meets twice a year and extraordinarily whenever convened pursuant to the statutes of the metropolitan area.
Article 10 Table 1-Metropolitan Assembly jobs are driven by a table, made up of the President, a Vice-President and a Secretary, elected by secret ballot from among its members. 2-While is not elected to the Metropolitan Assembly, it is directed by the elected.
Article 11 Responsibilities
The Metropolitan Assembly: a) Elect the Metropolitan Assembly; 8 b) to approve the political and strategic lines of the metropolitan area proposed by the junta metropolitana; c) approving the Statute, the metropolitan area's action plan and the proposed budget and its revisions, as well as enjoy the inventory of all assets, rights and obligations of assets and their assessment and, yet, enjoy and vote on documents of account; d) monitor and supervise the activities of the Board and of the Executive Board Metropolitan metropolitan, and should be appreciated, at each ordinary meeting, a written information about the activity of the metropolitan area, as well as your financial situation; and) approving the conclusion of protocols on the transfer of powers or competences; f) authorizing the metropolitan area to join with other public, private or social sector, to create or participate in other legal persons, and constitute Metropolitan companies; g) Ratify the composition of the Executive Board on a proposal from the Metropolitan Metropolitan Board, by an absolute majority of the members in effectiveness of functions; h) decide by an absolute majority of the members in effectiveness of functions, about the resignation of the Metropolitan Executive Committee or the replacement of its members, acting on a proposal of the junta metropolitana; I), on a proposal from the Board of Metropolitan, the remuneration of the members of the Metropolitan Executive Committee; j) approve your Regiment, as well as the rules of organization and functioning; l) approve, on the proposal of the junta metropolitana, the regulations effectively; m) decide, on a proposal from the Board of Metropolitan, on the form of imputation to the municipalities of the metropolitan area manpower costs and the costs of indebtedness; n) approving the collection of municipal taxes for the metropolitan area, in accordance with paragraph 2 of article 13 of law No. 2/2007, of 15 January; the) approve or authorize the contracting of loans in accordance with law; p) Designate the auditor or firm of Auditors, in accordance with paragraph 9 2 of article 48 of law No. 2/2007, of 15 January; q) monitor the activity of the metropolitan area and its results in companies, cooperatives, foundations or other entities in which the metropolitan area holds some participation; r) Authorize the metropolitan area, acting on a proposal from the Board of Metropolitan, to join with other public, private or social and cooperative sector, to create or participate in other legal persons and constitute Metropolitan companies; s) exercise the other powers as may be conferred by law, by statute, by the rules of procedure or by the Metropolitan Assembly.
Article 12 the President of Metropolitan Assembly the President of the Metropolitan Assembly: a) Convene ordinary and extraordinary meetings; b) direct the work of the Metropolitan Assembly; c) exercise the other powers as may be conferred by law, by statute, by the rules of procedure or by the Assembly.
Section II article 13 Metropolitan Board Nature and Constitution 1-Metropolitan Board is the representative body of the municipalities of the metropolitan area. 2-the Metropolitan Board is made up of the Presidents of the city councils of each of the municipalities members, elect from among themselves a Chairman and two Vice-Chairmen.
Article 14 10 1 Skills-the Metropolitan Board: a) elect the President and the Vice-Presidents; b) establish the lines of political and strategic option of the metropolitan area to be subject to approval by the Metropolitan Assembly; c) propose to the Government the plans, projects and investment programs and development of Metropolitan scope; d) coordinate the action of the municipalities in the metropolitan context; e) Propose the ratification by Parliament of the composition of the Executive Board Metropolitan metropolitan, as well as the replacement of its members; f) comment on the plans and programmes of the central administration with incidence in the metropolitan area; g) draw up and submit to the Metropolitan Assembly the action plan of the metropolitan area, the proposed budget and the revisions; h) submit to the Metropolitan Assembly the written information referred to in subparagraph (d)) of article 11; I) approving the planning instruments referred to in paragraph 3 of article 17 and present them to the Metropolitan Assembly; j) Propose to the House the Metropolitan form of imputation to the municipalities associated manpower costs and debt burden; l) to approve the proposed loans referred to in subparagraph (d)) of paragraph 2 of article 17 and submit them to the Metropolitan Assembly; m) propose to the Metropolitan Assembly the association with other public, private or social and cooperative sector, the creation or participation in other legal persons and the Metropolitan ventures; n) Designate representatives of the metropolitan area in any entities or organs provided for in the law, and in particular those laid down in the model of governance of the NSRF, the Metropolitan Transportation Authority and the entities and public enterprises of Metropolitan scope; the) Mail accounts of the metropolitan area the Court of Auditors, in accordance with the law; p) Submit proposals and applications for authorisation in respect of borrowing the Metropolitan Assembly; q) exercise the powers transferred by the central Government or delegated by 11 municipalities. 2-the Metropolitan Board competes, in particular, the political representation of the metropolitan area before the Government and the central government bodies and departments, as well as before international bodies. 3-the Board propose to the House still competes Metropolitan Metropolitan regulations effectively outside of the metropolitan area and the Organization and functioning of services. 4-the Metropolitan Board may delegate its powers in the Metropolitan Executive Committee.
Article 15 the President of junta metropolitana
1-the President of the junta metropolitana: a) Convene ordinary and extraordinary meetings and direct their work; b) Run the deliberations of the junta metropolitana and coordinate their activities; c) Promote meetings with the Metropolitan Executive Committee for follow-up of the permanent activity of the metropolitan area; d) Metropolitan Board policy Representation. 2-the President of the Metropolitan Board can delegate or sub-delegate the exercise of its powers to the Vice President. 3-the other members of the junta metropolitana competes in assisting your action, and the President appoints the Vice President, his replacement in his absences and impediments. 4-the Mayor participates in the meetings of the Metropolitan Metropolitan Assembly in their own right.
Section III article 16 Metropolitan Executive Nature, Constitution and operation 12 1-the Metropolitan Executive Committee is a permanent structure of metropolitan area responsible for the implementation of the decisions of the Metropolitan Assembly and the guidelines defined by the Board. 2-the Metropolitan Executive Committee is composed of three to five members appointed by the junta metropolitana, subject to ratification by the Metropolitan Assembly, one of them being President and one Vice-President. 3-the President and the Vice President of the Metropolitan Executive Committee exercise functions in time. 4-The vowels of the Metropolitan Executive Committee may serve on a full-time or part-time, on a proposal from the Board of Metropolitan, Metropolitan Assembly approved. 5-the exercise of functions in the Metropolitan Executive Committee is incompatible with the exercise of functions in executive bodies of the municipalities, shall be applicable the incompatibilities regime of local elected officials. 6-The Metropolitan Assembly members that are appointed to serve in the Metropolitan Executive Committee shall suspend the mandate. 7-the President of the Metropolitan Executive Committee cannot have compensation higher than the President of municipality with more than 40000 voters. 8-the Vice President and the vowels of the Metropolitan Executive Committee cannot have more than 80% of the remuneration remuneration assigned to the President of the Metropolitan Executive Committee.
Article 17 Jurisdiction 1-the Metropolitan Executive Committee within the Organization and functioning: a) ensure compliance with the decisions of the Assembly and of the junta metropolitana Metropolitan; b) exercise the powers delegated by the Board. 2-While technical support structure for the Metropolitan Executive Committee exercise the following powers: a) direct technical and administrative support services of the metropolitan area; 13 b) Execute budgets, as well as approve your changes. c) Ensure the collection of municipal taxes, after the approval referred to in article n) of article 11; d) Elaborate the proposals and the request for authorisation in respect of borrowing and be submitted to the Metropolitan Board. 3-the Metropolitan Executive Committee, in the context of planning and development, exercise the following powers: to) Prepare the action plan of the metropolitan area, the proposed budget and the revisions, to be submitted to the Metropolitan Board; b) develop and monitor planning instruments, in terms of the environment, regional development, civil protection and mobility and transport; c) Elaborate the inter-municipal planning plans; d) Integrate the monitoring committees for the preparation, revision and amendment of municipal master plans, plans or sectoral policy instruments and special plans of spatial planning; e) participate in the management of regional development programmes and submit applications to finance, through programmes, projects and other initiatives; f) present programmes of administrative modernization; g) Develop human resources training projects of the municipalities; h) drafting and approving the internal control standard, as well as the inventory of all assets, rights and obligations and asset assessment and accountability documents, to be submitted to and vote of the Assembly. 4-the Metropolitan Executive Committee, by delegation of the junta metropolitana, issue the opinions that are requested by the Government to the metropolitan area for instruments or investments, the responsibility of central government bodies, with impact.
Article 18 Chief Executive Officer 1 Metropolitan-the President of the Executive Board: the Metropolitan) Convene ordinary and extraordinary meetings and direct their 14 work; b) Run the deliberations of the Commission and coordinate their Metropolitan activity; c) allow budgeted expenses within the limits stipulated by law or by delegation of the Metropolitan Executive Committee; d) Authorise the payment of expenditure, in accordance with the law; and) Sign and the correspondence of the Council to any entities or public bodies; f) Represent the metropolitan area in and out of it; g) exercise the other powers established by law or by delegation of the junta metropolitana. 2-the President of the Executive Board may delegate or sub-delegate Metropolitan exercising its competences in other members. 3-the other members of the Executive Committee shall assist the President in incumbent Metropolitan your action, and the President appoints the Vice President, his replacement in his absences and impediments.
Article 19 technical and administrative support services The metropolitan areas can create technical and administrative support services, designed to collect and systematize information and to prepare the necessary studies for the preparation of decisions and deliberations, as well as promote their implementation.
Article 20 Staff
1-metropolitan areas have their own staff, approved by the respective assemblies, on a proposal from the Executive Board. 2-the framework referred to in the preceding paragraph is filled with the tools of General mobility foreseen legally, preferably from the staff personnel of municipalities of the metropolitan area or the services of direct or indirect State administration. 15 3-the instruments of General mobility foreseen for local government officials are not subject to legally prescribed duration limits. 4-whenever the use of mobility instruments referred to in paragraph 2 do not permit the completion of the permanent services needs, the new listings are entered for the procedure of the contract of employment.
Article 21 1-personnel expenses the expenses incurred with people in metropolitan areas are for the purposes of the limit set by law for the personnel costs of the municipalities that are part of. 2-for the purposes of the preceding paragraph, it shall be the responsibility of the Metropolitan assemblies decide on the form of attribution of expenses associated to municipalities, which lacks the approval of the municipal assemblies. 3-in the absence of a decision referred to in the preceding paragraph, the staff costs are charged in proportion to the population residing in each of the municipalities.
CHAPTER III financial provisions article 22 action and budget plan of the metropolitan area 1-the action plan and the budget of the metropolitan area are prepared by the junta metropolitana and subjected to approval by the Metropolitan Assembly during the month of November. 2-the business plan and the budget, are directed by the junta metropolitana at municipal assemblies of the municipalities, to your knowledge, within one month after your approval.
Article 23 accounting Regime 16 metropolitan areas accounting respects the Official accounting plan of local authorities (POCAL).
Article 24 monitoring and trial 1 accounts-the accounts of metropolitan areas are subject to assessment and judgement by the Court of Auditors, in accordance with its law of organization and process. 2-the accounts should be sent to the Court of Auditors, within the time limit laid down for local authorities, after their approval by the junta metropolitana, irrespective of the assessment of the Metropolitan Assembly. 3-the accounts of metropolitan areas are still sent to the municipal assemblies of the municipalities, for knowledge, within one month after the decision of your approval.
Article 25 assets and finance 1-metropolitan areas have assets and finances. 2-the assets of the metropolitan areas consists of property and rights for them transferred or acquired any title. 3-the financial resources of the metropolitan areas include: a) the product of contributions from the municipalities that integrate; b) transfers of the cities, in the case of delegated powers by these; c) transfers resulting from contracts with the central Government and other public and private entities; d) community co-financing amounts allocated to them; e) appropriations, grants or contributions that will benefit; f) the fees for the provision of a public service site, the private use of public and private domain of associations of municipalities or by the removal of a legal obstacle to the behavior of individuals, where assignment of the metropolitan area, in accordance with the law; 17 g) prices for the services provided and the goods delivered; h) the return of goods, the proceeds of your sale or assignment of rights on them; I) Any additions of assets, either fixed or periodic, that, free of charge or against payment, they are assigned by law, contract or other legal act; j) transfer from the State budget for day-to-day operation corresponding to 1% of current financial Equilibrium of the municipalities of the metropolitan area, with maximum annual limit of variation of 5%; l) Any other revenue allowed by law. 4-expenditure of the metropolitan areas the burden of carrying out of its tasks.
Article 26 1 Debt-the metropolitan area can take out loans with any institutions authorized by law to grant credit, in terms identical to those of the municipalities. 2-the statutes define, within the limits of the law, the terms of the contracting of loans and guarantees, which can be made of the assets of the metropolitan area or a portion of the contributions of the municipalities. 3-the conclusion of contracts referred to in paragraph 1 is for the purposes of the limits on the debt capacity of municipalities, according to the legally defined criteria for these. 4-For the purposes of the preceding paragraph, the Metropolitan Assembly decide on the form of attribution of costs to the municipalities, which lacks the express agreement of the respective municipal assemblies. 5-the municipalities are secondarily responsible for the payment of debts contracted by the associations of municipalities that integrate, in the proportion of the resident population in each of the municipalities. 6-the metropolitan area cannot hire loans in favor of any of the associated municipalities. 7-the metropolitan area is prohibited the granting of loans to public and private entities, except in the cases expressly provided for by law. 18 8-to the metropolitan area is forbidden to conclude contracts with financial institutions for the purpose of consolidating short-term debt, as well as the transfer of accrued credits.
Article 27 1 financial cooperation-the metropolitan area can take advantage of systems and specific programmes of financial support to municipalities, legally provided for, in particular in the framework of technical and financial cooperation between the State and local authorities. 2-metropolitan areas can establish agreements and programme contracts and agreements with other entities, public or private, having as its object the achievement of its tasks.
Article 28 exemptions metropolitan areas benefit from tax exemptions provided for in the law to local authorities.
CHAPTER IV contentious article 29 contentious Reaction Reaction
The deliberations and decisions of the organs of the metropolitan areas are likely litigation response under the same terms of the deliberations of the municipal organs.
Chapter V transitional and final provisions article 30 Transitional Standard 19 1-the organs of the large metropolitan areas of Lisbon and Porto, as provided for in law No. 10/2003, 13 may, remain in Office until the end of the current mandate. 2-the Executive Director or the Board of Directors provided for in law No. 10/2003, 13 may, remain in Office until the end of the current mandate. 3-The powers laid down in article 17 and 18 of this Act shall be performed by the junta metropolitana and the President of the Board, respectively, by the end of the current mandate. 4-the transfer referred to in paragraph j) of paragraph 3 of article 25 of this law will be in 2008 corresponding to the entered in article 23 of law No. 67-A/2007, of December 31 and may not have in the years following variations exceeding 5%.
Article 31 entry into force this law shall enter into force on the first day of the month following your publication.
Seen and approved by the Council of Ministers of 6 March 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 20 annex I metropolitan area of Porto Espinho, Arouca, Gondomar, Maia, Matosinhos, Oliveira de Azeméis, Porto, Povoa de Varzim, Santa Maria da Feira, Santo Tirso, Trofa, São João da Madeira, Vale de Cambra, Valongo, Vila do Conde and Vila Nova de Gaia.
Lisbon Metropolitan area Alcochete, Almada, Barreiro, Cascais, Lisboa, Loures, Mafra, Moita, Montijo, Odivelas, Oeiras, Palmela, Seixal, Sesimbra, Setubal, Sintra and Vila Franca de Xira