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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