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1 PROPOSAL of law No. 182/X explanatory memorandum the municipal associations has been understood for a long time, as a vital element of the strengthening of local democracy, realizing the principles of decentralisation and subsidiarity enshrined in the Constitution of the Portuguese Republic. Since the entry into force of Decree-Law No. 266/81, of 15 September which has understood that it is "imperative to provide the municipalities of legal instruments essential for the rational management of its existing financial resources", which is why the creation of associations of local authorities, referred to in article 254 of the Constitution then, was regarded as one of the most important instruments of good municipal management "in view of the insufficient size of many of the municipalities". So, that diploma admitted the creation of associations of municipalities depending on the agreement of the interested municipalities. After about eight years, Decree-Law No. 412/89, of 29 November established a new legal regime of the associations of local authorities, maintaining that "the associations of municipalities have proved valid legal instruments in carrying out tasks entrusted to local authorities. Experience in the application of the legal regime of 1981 revealed the need to introduce some adjustments in your legal framework, "while giving municipalities associations the means required for greater dynamism and effectiveness of action, thus favoring your normal functioning". As innovative aspects was to stress so the forecast of the Office of the delegation of powers, the delimitation of the term of Office, the requirement for confirmation of the mandate after national General election to the local bodies, the possibility of appointing a Managing Director, a clarification concerning the loan guarantee with all or part of the associative heritage and the possibility of personal request the different entities of the municipalities associated by eliminating the legal time limits of your duration. The law No. 172/99, of 21 September, came the common rules of establishing associations of municipalities governed by public law, not brought big news and legislative innovations in relation to the regime that preceded it. 2 However, in 2003, the Government then in Office presented two bills in Parliament that involved significant changes to the scheme so far, conceding even the creation of new descriptions of associations of municipalities, distinguishing between Intercity communities and associations of municipalities of specific purposes. While law No. 11/2003, law No. 10/2003, also of 13 may, establishes the system of creation, the duties and responsibilities of the metropolitan areas and the functioning of its 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 metropolitan areas and Urban communities, mixed with the new regime of associations of municipalities, gave rise to a process of reorganization of the associative model Hall by installing a set of criteria that promoted the incoherence. Fulfilling that offers the program of the XVII Government in this matter, it must therefore ensure that the municipal associations must always have a very important role in desirable articulation of policies and actions to the supramunicipal level. However, the mere municipal associations, including in the form of the existing metropolitan areas and intermunicipal communities, cannot give enough response to larger problems and challenges, including those resulting from the new law of Local Finances and the new national strategic reference framework (NSRF). 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 and are devoid of democratic legitimacy that is needed so that they can fully assume, a decisive role in the conduct of genuine regional development policies. It must therefore be that the associations of municipalities may have a system that will allow them to increase their scale of intervention, at the same time that must accompany the decentralized organization of the State array. The dialogue between decentralized structures of the State and the associations of local authorities going on to carry out a similar level and without territorial non-conformities. Thus, the Bill of the Government points to the associations of municipalities may be of two types: a) Of multiple purposes, which pass the Inter-municipal 3 Communities (CIM); b) Of specific purposes. The CIM shall play a role in the planning and management of consequent strategy of economic, social and environmental development of your territory and will have more conditions to achieve the coordination of actions between the municipalities, between the municipalities and the central administration services. In accordance with Decree-Law No. 312/07, of September 17, which defined the model of governance of the National strategic reference framework (NSRF) and related operational programmes, this proposal of law appreciates the role of the associations of municipalities 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. Only the associations of municipalities corresponding to one or more NUTS III partner will be considered by the Government with regard to the decentralization of powers and participation in the management of the NSRF, Waring the need for coherence and continuity. Also the model of governance of CIM becomes more democratic, reinforcing the democratic legitimacy of the bodies and the responsibility of the executive bodies in the deliberative organs. The CIM is also marked by the requirement of rigour and financial discipline, according to the matrix established on Local finance law, approved by law No. 2/2007, of 15 January. Another essential change under this proposal relates to the enhancement of the powers of associations of municipalities with equivalent of NUTS II delimitation. The CIM which have this dimension shall play skills at the level of planning, to establish regional networks of equipment and be the interlocutors of the State at the regional level. In the context of maintaining the freedom of Association of municipalities, municipalities can establish and maintain associations of municipalities of specific purposes. Nevertheless, it is understood that the present proposal should give primacy to the principle of institutional stability and also apply to associations of municipalities of specific purposes public law rules that allow for clarity and transparency in the management of resources and common interests of the municipalities. 4 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 municipal associations.
Article 2 nature and typology, 1 Constitution-The associations of local authorities can be of two types: a) Of multiple purposes; b) Of specific purposes. 2-The associations of municipalities of multi-purpose, called Intercity (CIM), Communities are legal persons governed by public law consisting of counties that correspond to one or more territorial units defined on the basis of the Nomenclature of territorial units for statistics of level III (NUTS III) and adopt the name of these. 3-the municipalities of greater Lisbon and the Setubal peninsula are part of the Metropolitan Area of Lisbon and the municipalities in the greater Porto and Entre Douro e Vouga in the Porto metropolitan area, which are governed by their own diploma. 4-The associations of municipalities of specific purposes are private law legal persons created for the realization of specific interests in common in the municipalities that integrate, in defence of collective interests of sectoral, regional or local nature. 5-for the purposes of this Act, the territorial units defined on the basis of the NUTS III are those defined in own diploma. 5 article 3 Preventing the municipalities can only be part of an Association of municipalities of multiple purposes, but can belong to several associations of local authorities of specific purposes, provided they have different purposes.
CHAPTER II Intermunicipal Communities section I Institution, tasks and statute article 4 1 Institution-The CIM correspond to territorial units defined on the basis of the NUTS III and are imposed in concrete with the adoption of the Statute by the municipal assemblies of the absolute majority of municipalities that integrate. 2-the participation of municipalities in time after the creation of the CIM does not depend on the consent of other municipalities.
Article 5 1-The CIM Assignments are intended to achieve the following public purposes: the Promotion and planning of) management of the strategy of economic, social and environmental development of the territory covered; b) articulation of municipal investments of intercommunal interest; c) Participation in the management of regional development support programmes, in particular in the framework of the National strategic reference framework-NSRF; d) planning of the performances of public entities, supramunicipal character; 6 2-Fit also to ensure the articulation of the CIM performances 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, social and cultural development; I) network of cultural, sports and leisure. 3-Fit the CIM 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 CIM designate the representatives of local authorities in public authorities and business entities where the representation has Intercity nature.
Article 6 1-Statutes the statutes of each CIM establish obligatory: a) the name, the seat and the composition of CIM; b) the purposes of CIM; c) goods, services and other contributions with the municipalities compete for the pursuit of its mission; d) the organizational structure, the designation and operation of its organs; and the powers of its organs). 2-the name of each CIM contains the reference to the territorial unit defined on the basis of the NUTS III integrating.
Section II Organisation and competencies 7 article 7 1 Organs-The representative bodies of the communities are the Intercity Intercity Assembly and the Executive Board. 2-with the Executive Council, and by this decision, can run a consultative body composed of representatives of the regional public services of the State and of the economic, social and cultural interests of your area of intervention.
Article 8 term 1-the term of Office of the members of the Assembly and of the Executive Council intermunicipal 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 Inter-American Commission of women.
Article 9 operation the operation of MACHINERY shall be governed, in everything that is not provided for in this law, by the legal regime applicable to municipal bodies.
Article 10 The Deliberations deliberations of the organs of the CIM link the municipalities that integrate, not requiring ratification of the respective organs since the competence for such is legally provided for or statutory.
Subsection (I) Inter-municipal Assembly 8 article 11 Nature, Constitution and operation 1-the Assembly is the deliberative organ of the intermunicipal CIM. 2-the inter-municipal assembly consists of members of each municipal Assembly elected proportionally, in the following terms: the Three municipalities up to 10000); b) five in the municipalities between 10 001 and 50 000 voters; c) Seven municipalities between 50 001 and 100 000 voters; d) Nine in municipalities with more than 100 000 voters. 3-the election occurs in every municipal assembly by the electoral college comprises all the members of the City Council, directly elected, upon presentation of lists that cannot have a higher-than-expected number of candidates in the preceding paragraph and shall contain at least one alternate. 4-the mandates are allocated in each municipal Assembly, according to the proportional representation system and the highest average method d'Hondt method. 5-intercommunal Assembly ordinarily meets twice a year and extraordinarily whenever convened pursuant to the statutes of the CIM.
Article 12 Table 1-The work of the intermunicipal 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 the Bureau of the Assembly, the same intermunicipal is run by elected officials.
Article 13 Powers the Inter-Municipal Assembly: a) Elect the Bureau of the Assembly services; 9 b) approve, on the proposal of the Executive Board, the options of the 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; c) monitor and supervise the activities of the Executive Council should be appreciated, at each ordinary meeting, a written information about the activity of the Association, as well as your financial situation; d) monitor the activities of the machinery rings and their results in companies, cooperatives, foundations or other entities in which the Association holds any participation in the capital or treated as such; and) approving the conclusion of protocols on transfer of assignments or tasks; f) Authorise the CIM, acting on a proposal from the Executive Board, to join with other public, private or social and cooperative sector, to create or participate in other legal persons, and to provide Intercity companies; g) approve your rules and regulations, in particular of organisation and functioning; h) approve, on the proposal of the Executive Board, the plans referred to in paragraph 4 of article 16; I) Approve, on the proposal of the Executive Board, the regulations effectively; j) approve, on the proposal of the Executive Board, the inter-municipal planning plans; l) approving the collection of municipal taxes for the Intermunicipal Community, following the deliberation of the municipal assemblies of all associated municipalities, in accordance with paragraph 2 of article 13 of law No. 2/2007, of 15 January; m) approve or authorise, on a proposal from the Executive Board, the contracting of loans in accordance with the law; n) decide, on a proposal from the Executive Board, on the form of imputation to the municipalities associated manpower costs; the) Designate, on a proposal from the Executive Board, the Executive Secretary and fix their remuneration, in accordance with the functions performed; p) Appointing the statutory auditor or audit firm, 10 on a proposal of the Executive Board, in the same terms as are set out in paragraph 2 of article 48 of law No. 2/2007, of 15 January; q) exercise the other powers as may be conferred by law, by statute or by the rules of procedure.
Article 14 President of inter-municipal Assembly the President of the Assembly: a) Convene ordinary and extraordinary meetings; b) direct the work of the Assembly; c) exercise the other powers as may be conferred by law, by statute, by the rules of procedure or by the Assembly.
Subsection II Executive Council article 15 Nature and Constitution 1-the Executive Board is the management body of the CIM. 2-the Executive 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 16 Responsibilities 1-it is the Executive Board within the framework of the Organization and operation: a) ensure compliance with the resolutions of the intermunicipal Assembly; b) Drive the technical and administrative services; c) propose to the House rules of organization and functioning of services; d) Propose to the Assembly the appointment of the Executive Secretary intermunicipal and the respective remuneration, 11 according to the functions performed; e) Designate representatives of the CIM in any entities or organs provided for in the law, and in particular those laid down in the model of governance of the NSRF, and in the entities and public sector enterprises intermunicipal scope; f) Perform the options plan and budgets, as well as approve your changes; g) Propose to the Assembly the intermunicipal collection of municipal taxes and ensure their collection; h) submit to the intermunicipal Assembly the request for authorisation of contracting of loans properly instructed; I) Refer to the Court of Auditors, in accordance with the law, the accounts of CIM; j) presenting to Parliament the proposal for intermunicipal designation of the statutory auditor or audit firm, in accordance with paragraph 2 of article 48 of law No. 2/2007, of 15 January; l) propose to the Inter-Municipal Assembly proposals for association with other public, private or social and cooperative sector, the creation or participation in other legal persons, and the establishment of inter-municipal companies. 2-it is the Executive Board under the planning and development: a) draw up and submit to the approval of the Assembly plan options intermunicipal, the budget proposal and the revisions; b) 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 on the intercommunal Assembly; c) propose to the Government the plans, projects and programmes of investment and development of intermunicipal range; d) develop and monitor planning instruments, in terms of the environment, regional development, civil protection and mobility and transport; and intercity plans) develop land use planning; f) Integrating the follow-up committees for the preparation, revision and amendment of municipal master plans, plans or sectoral policy instruments and special plans of spatial planning; g) Participate in the management of regional development programmes and submit funding applications 12, through programmes, projects and other initiatives; h) Introduce administrative modernisation programmes; I) Develop human resources training projects of the municipalities. 3-it is the Executive Council, in the context, issue the advisory opinions that are requested by the Government in respect of instruments or investments, the responsibility of central government bodies, supramunicipal impact. 4-without prejudice to the powers of ratification by the Government, it is up to the Executive Councils, within the framework of territorial management, the elaboration of inter-municipal planning plans.
Article 17 Executive Council President 1-the President of the Executive Board: a) convene ordinary and extraordinary meetings and direct their work; b) Run the deliberations of the Council and coordinate their activities; c) allow budgeted expenses within the limits stipulated by law or by delegation of the Executive Board; d) allow expenditure incurred, in accordance with the law; and) Sign and the correspondence of the Council to any entities or public bodies; f) Represent the CIM in court and outside it; g) Refer to the Court of Auditors documents requiring their consideration, without prejudice to subparagraph (i)) of paragraph 1 of article 16; h) exercise the other powers established by law or by resolution of the Executive Council. 2-the President of the Executive Board may delegate or sub-delegate the exercise of its powers in the remaining members of the Board or the Executive Secretary. 3-all the members of the Executive Board shall assist the President in your racing action.
13 section III structure and functioning article 18 1-Executive Secretary In CIM can be designated an Executive Secretary responsible for the day-to-day management of the business and by the dependent services. 2-the Executive Secretary's remuneration is fixed by the Executive Board's proposal to the House, with the intermunicipal limit the compensation of municipal director. 3-the Executive Secretary performs his duties during the period of the mandate of the agencies of the CIM.
Article 19 technical and administrative support services 1-associations can create technical and administrative support services, designed to collect and systematize information and to prepare the necessary studies for the preparation of decisions or deliberations. 2-the nature, structure and functioning of the services referred to in the preceding paragraph are defined in regulation approved by the Assembly, on a proposal from the Executive Board.
Article 20 1 Personnel-The CIM have own personal framework, approved by the relevant intermunicipal Assembly, acting on a proposal from the Executive Board. 2-the framework referred to in the preceding paragraph is filled through the General mobility instruments legally provided for, preferably from the staff personnel of the municipalities members of associations of municipalities, district assemblies or direct or indirect administration departments of the State. 14 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, admissions are subject to the contract of employment.
Article 21 1 personnel expenses-the cost of staff of CIM 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 is up to Parliament to decide on the form of intermunicipal attribution of expenses associated to municipalities, which lacks the approval of the municipal assemblies of the municipalities concerned. 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.
Section IV financial provisions article 22 1 plan and budget options-the business plan and the budget of the CIM are prepared by the Executive Board and submitted to the approval of the Assembly during the intermunicipal November. 2-the business plan and the budget, are directed by the municipal assemblies of municipalities intercommunal to members, to your knowledge, within one month after your approval.
Article 23 Regime of 15 accounting accounting CIM respects the Official accounting plan of local authorities (POCAL).
Article 24 monitoring and trial 1 accounts-the accounts of MCPS are subject to assessment and judgement by the Court of Auditors, in accordance with its law of organization and process. 2-bills are submitted by the Executive Board to the Court of Auditors, within the time limits established for the local authorities, within the agreed deadlines, after its approval by the Executive Board. 3-the accounts are still sent to the municipal assemblies of the municipalities, for knowledge, within one month after the deliberation and vote by the Assembly.
Article 25 assets and finance 1-The CIM have heritage and finance themselves. 2-the heritage of associations of municipalities of multi-purpose consists of property and rights for them transferred or acquired any title. 3-the financial resources of associations of municipalities include: a) the transfers from the State budget corresponding to 0.5% of the Fund's transfer of current financial Balance provided for all 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 contributions from the municipalities that integrate; c) transfers of the cities, in the case of delegated powers by these; d) transfers resulting from contracts with the central Government and other public and private entities; and the amounts of Community co-financing) which they are assigned; f) appropriations, grants or contributions that will benefit; g) the fees for the provision of a public service site for private use of public or private domain goods of the Association of municipalities of 16 multiple purposes, or for the removal of a legal obstacle to the behavior of individuals, where assignment of the Association of municipalities, in accordance with law No. 2/2007, of 15 January; h) prices for the services rendered and goods supplied; I) the performance of its own, the proceeds of your sale or assignment of rights on them; j) 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; l) the loan product; m) Any other revenue allowed by law. 4-expenditure of associations of municipalities of multi-purpose indispensable burdens arising from the carrying out of its tasks.
Article 26 1 Debt-The CIM can borrow with any institutions authorized by law to grant credit and leasing contracts, in terms identical to those of the municipalities. 2-the borrowing or the conclusion of contracts referred to in paragraph 1 is for the purposes of the limits on the debt capacity of the municipalities. 3-For the purposes of the preceding paragraph, it is up to Parliament to decide on the form of intermunicipal attribution of costs to the municipalities associated, which lacks the express agreement of the respective municipal assemblies. 4-the municipalities are secondarily responsible for the payment of debts contracted by the CIM to integrate, in the proportion of the resident population. 5-The CIM cannot hire loans in favor of any of the associated municipalities. 6-CIM is forbidden to the granting of loans to public and private entities, except in the cases expressly provided for by law. 7-it is prohibited to CIM the conclusion of contracts with financial institutions for the purpose of consolidating short-term debt, as well as the transfer of accrued credits. 17 article 27 1 financial cooperation-The CIM can benefit from specific programs and systems 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-The CIM 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 external audit of the accounts of the CIM with capital equity 1-annual accounts of the CIM holding capital in foundations or in local business sector entities must be verified by external auditors. 2-the external auditor is appointed by resolution of the Assembly on the proposal of the Executive Board of statutory auditors or audit firms. 3-it is the external auditor who shall carry out annually to statutory audit exercise the functions and practice the acts set out in law No. 2/2007, of 15 January.
Article 29 tax exemptions The CIM benefit from tax exemptions provided for in the law to local authorities.
Section V contentious Reaction article 30 contentious Reaction the deliberations and decisions of the organs of the CIM contentious reaction may 18 on the same basis of the deliberations of the municipal organs.
Section VI article 31 CIM fusion Fusion 1-by resolution Intercity meetings, ratified by more than two-thirds of the municipal assemblies of the municipalities members of each CIM, two or more MCPS can merge by just meeting, provided they are contiguous and integrate the same NUTS II. 2-the fusion of CIM determines the global transfer of those assets to the new Association, which receives the assets of the existing CIM, with all rights and obligations that are part of. 3-the decision to merge the CIM can only be revoked at the initiative of the majority of the municipalities of a territorial units defined on the basis of the NUTS III members after five years on the deliberation of the merger.
Article 32 regional 1-CIM The CIM of organs whose area corresponds to a NUTS II, in accordance with the previous article, are also the powers given in the following paragraphs, while specifically not be imposed administrative regions. 2-the House of intermunicipal CIM regional, in addition to the powers referred to in article 13 a) Approve the instruments of planning and regional management, in particular in terms of: i) health equipment; II) educational and vocational training Network; III) security and civil protection; IV) mobility and transport; v) cultural, sports and leisure. 19 b) draw up the plans of planning their Intercity; c) set the participation of municipalities in the preparation of regional plans and the establishment of regional networks of social facilities and infrastructure. 3-it is the Executive Board of the CIM regional, in addition to the powers provided for in article 16 to) Integrate the Consultative Commission to accompany the preparation of regional land use plan; b) Elaborate planning instruments and regional management provided for in subparagraph (b)) of the preceding paragraph; c) Participate in the planning of the public water supply, sanitation infrastructure and wastewater treatment and waste at the regional level; d) participate in regional public bodies, in particular in the field of transport, energy, water and solid waste treatment; and Planning the activities of entities) of regional character; f) accompany the preparation of the river basin management plans; g) Track the development of land-use plans of protected areas. 4-The CIM whose area corresponds to a NUTS II may adopt the designation of regional space.
CHAPTER III associations of municipalities of specific purposes article 33 1 Constitution-the Constitution of associations of municipalities of specific purposes it is for the Councils of the municipalities concerned, the effectiveness of the agreement depends on the approval by the respective municipal assemblies. 2-The associations of municipalities of specific purposes are through the forms provided for by law, being parties to the Presidents of the municipalities involved. 3-the creation of an Association of municipalities of specific purposes is communicated by the municipality in whose area 20 is based on the Member of the Government that the local guardianship. 4-the drafting of the statutes of associations of municipalities of specific purposes it is for the Councils of the municipalities associated, depending on the effectiveness of its deliberations of ratification by the respective municipal assemblies, along with the constitutive agreement.
Article 34 1-Statutes the statutes of associations of municipalities of specific purposes shall specify: a) the name, the seat and the composition; b) the purposes of the Association; c) goods, services and other contributions with the municipalities compete for the pursuit of its mission; d) the powers of its organs; and organic structure and mode) description and operation of its organs; f) duration, when the Association of municipalities of specific purposes does not constitute indefinitely. 2-the statutes shall specify the rights and obligations of associated municipalities, the conditions of your exit and exclusion and admission of new municipalities, as well as the terms of termination of membership and the consequent Division of your heritage. 3-modification of statutes follows the same rules of your original approval.
Article 35 obligation to stay 1-after the integration in an Association of municipalities of specific purposes, the municipalities are obliged to her constituents to remain for a period of three years, under penalty of losing all financial and administrative benefits and they cannot integrate, for a period of two years, other associations with the same purpose different from that to which they belong. 2-at the end of the period of three years referred to in the preceding paragraph, any municipality may 21 abandon the Association of municipalities of specific purposes that is integrated, since the respective City Council acts to that effect by a simple majority.
Article 36 Legal Regime applicable 1-The associations of municipalities of specific purposes shall be governed by the provisions of private law the following provisions: a) the legal framework for the contract of employment in the public administration; (b)) code of public contracts; c) organization law and procedure of the Court of Auditors; d) Legal Regime of Tutelage. 2-The associations of municipalities of specific purposes can access programmes and actions that allowed the participation of municipalities or of municipal districts.
CHAPTER IV transitional and final provisions article 37 Transitional Standard 1-metropolitan areas and intermunicipal communities of general purposes created in accordance with the law No. 10/2003 and 11/2003, of May 13, are converted into CIM corresponding to the territorial units defined on the basis of the NUTS III in that integrate, the following conditions: (a) Approval of the Statute by its) bodies within 90 days after the entry into force of this law; b) approval of the institution in concrete of the CIM, pursuant to article 4-2 following a decision referred to in paragraph 1, shall be published in the second Series of the Diário da República the statutes of the CIM, automatically operating the transfer of assets, rights and obligations and personnel assigned to associations of municipalities of general purposes or intermunicipal communities set up under laws 22 paragraphs 10/2003 and 11/2003 , May 13. 3-the organs of the MACHINERY RINGS should be elected in 30 days following the publication of the statutes in the second Series of the Diário da República. 4-the entities referred to in paragraph 1 that do not into CIM, become automatically on associations of municipalities of specific purposes. 5-associations of municipalities of specific purposes created under law No. 11/2003, of May 13, shall apply the rules laid down in chapter III of this law. 6-The associations of municipalities of specific purposes constituted until the entry into force of this law may maintain in force the nature of legal person of public law.
Article 38 1-Deliberate Liquidation the liquidation of any entity established under the laws Nos. 11/10/2003 or 2003, of May 13, this keeps your legal personality for the purposes of settlement and to the final approval of the accounts submitted by liquidators. 2-the Assembly of the authority referred to in the preceding paragraph shall act the appointment of liquidators. 3-the existing heritage is shared, without prejudice to the rights of third parties, including municipalities, in proportion to their contribution to your Constitution, and without prejudice to the full refund, although upon compensation, benefits in kind. 4-integrated personnel in the distribution Board by the municipalities must comply with, preferably, the return to the origin. 5-according to the referred to in the preceding paragraph, employees must indicate, in descending order, the counties in which staff prefer to be integrated, and their ordering in each career or category according to seniority in the category, in career and in the public sector. 6-are created in the staffing of the municipalities associated with the places, to extinguish when wander freely, necessary for the integration of the staff of the defunct entity.
23 article 39 technical assistance offices can be transferred to the CIM, heritage personnel and financial means of technical assistance offices (TAOS) referred to in article 17 of Decree-Law No. 134/2007, of 27 April, corresponding to the geographical area of your performance.
Article 40 set Norm Are abrogated the laws Nos. 11/10/2003 and 2003, both of 13 May.
Article 41 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
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