Key Benefits:
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PROPOSED LAW NO. 169 /X
APPROVAL OF THE THIRD REVISION OF THE STATUTE
POLITICO-ADMINISTRATIVE OF THE AUTONOMOUS REGION OF THE AZORES
EXHIBITION OF REASONS
The sixth constitutional revision resulting from the Constitutional Law No. 1/2004, 24 of
July, significantly amended Title VII of the Constitution of the Portuguese Republic
on the Autonomous Regions, introducing, since soon, a new paradigm
competency as to regional legislative powers, extinguishing the concepts of Law
general of the Republic and of specific interest, strengthening the parliamentary strand of the
system of government by shifting to the sphere of the Legislative Assembly the taking of
possession of the Regional Government and extinguishing the figure of Minister of the Republic.
The constitutional revision of 2004 ensured the deepening of the autonomic process
of the Azores and Madeira, which aims to ensure that a political power close to the
Açorians and Madeirers possess assignments and competencies-policies,
legislative, financial, fiscal and executive-that allow you to respond to the
problems of populations, in the exercise of a legitimate power of self-government,
translating the application of the principle of subsidiarity, matrix in a new and
uncomplexed relationship between the Republic and the Autonomous Regions.
The draft Law for revision of the Critical Administrative Status of the Autonomous Region
of the Azores that Deputies underwriters present corporates that review
constitutional.
The PS, PSD and CSD/PP-the three parties with parliamentary seat in the Assembly
Legislative of the Autonomous Region of the Azores-in a process largely participated in, in the
parliamentary scope and outside of it, they chose to make a broad revision of the Statute
Politico-Administrative Region of the Autonomous Region of the Azores, with a reformist sense,
by valuing the constitutional framework resulting from the constitutional revision of 2004.
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The public participation that the Legislative Assembly wanted to promote by the purpose of the
review of the Critical Status-Administrative Region of the Autonomous Region of the Azores, in addition
dum symbolic value, imindelibly mark the relationship that parliaments must have
with citizens in modern democracies.
As a result of the public debate, the draft Law welcomes some proposed solutions
to Parliament, broadening parliamentary consensus to parties without representation
parliamentarian and society at large.
The revision of the Critical Administrative Status of the Autonomous Region of the Azores that
now starts itself in a formal and institutional manner, in the exercise dum power of initiative
exclusive to this Legislative Assembly, it is expression convinced that the process of
regional autonomy is of gradual and progressive deepening, as it elapses already from these
thirty-one years of fruitful autonic experience, of the successive revisions of the
Constitution of the Portuguese Republic and the trends drawn in other Regions
Autonomous Europe in the process of revising the respective Statutes.
The passage of the Law for revision of the Critical-Administrative Status of the Region
Autonomous of the Azores by the Assembly of the Republic, in the use of its competences
constitutional, constitutes the opportunity for the unequivocal confirmation of the options
assumed in the 2004 constitutional revision as to the Autonomous Regions.
Thus, the Legislative Assembly of the Autonomous Region of the Azores, under the
provisions of Article 227 (1) (f) and 1 (1) both of the
Constitution of the Portuguese Republic and under (b) of Article 31 (1) of the Staff Regulations
Politico-Administrative Region of the Autonomous Region of the Azores, presents the following Proposal
of Law:
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TITCHAPTER I
LEGISLATIVE AMENDMENTS
Article 1.
Approval of the review of the Critical-Administrative Status of the Autonomous Region
of the Azores
The third review of the Critical Administrative Status of the Autonomous Region is approved
of the Azores constant of Law No. 39/80 of August 5, with the amendments introduced
by Law No. 9/87 of March 26, and by Law No. 61/98 of August 27.
Article 2.
Amendments to the Critical Status-Administrative Region of the Autonomous Region of the Azores
Articles 1, 2, 3, 5, 9, 11, 12, 13, 18, 20, 23, 23, 23, 23, 23, 23, 23, 23, 23, 23
24, 26, 27, 29, 30, 32, 34, 35, 36, 37, 37, 40., 39, 42, 42, 42, 42, 42, 42, 42
43, 44, 46, 48, 49, 51, 53, 55, 58, 60, 60, 62., 61, 64, 64, 64, 64, 64, 64, 64
65, 66, 67, 85, 86, 88, 90, 91, 92, 93, 93, 96., 94, 98, 98, 98, 98, 98, 98, 98
99, 100, 102, 106, 110, 112, 112 and 113 of the Critical Administrative Status-Administrative Law
of the Autonomous Region of the Azores, constant of Law No. 39/80 of August 5, with the
changes introduced by Law No. 9/87 of March 26 and by Law No. 61/98, 27 of
August, are changed as follows:
a) Articles 3, 5, 6, 10, 13, 18, 21, 22, 23, 26, 26, 26, 26, 26, 26, 26, 26
27, 30, 33, 36, 42, 44, 51, 52, 53, 58, 85., 85, 85, 85, 85, 85, 85, 85
86, 97, 99, 110, and 113 and 113 are amended and renumbered,
respectively, as Articles 5, 6, 130, 19, 26, 27, 69., 69, 69, 69, 69
28, 29, 30, 97, 31, 40, 67, 72, 73, 74, 83., 83, 83, 83, 83, 83, 83, 83
84, 85, 103, 122, 133, 12, 20, 21, 21, and 23, 21 and 23, passing
the following:
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" Article 4.
Symbols of the Region
1. [...].
2. To the symbols of the Region are due respect and consideration by all.
3. The flag and the anthem of the Region shall be used jointly with the correspondents
national symbols and with the safeguarding of the precedence and the highlight that these are
due.
4. The flag of the Region is hoisted on the premises dependent on the organs of
sovereignty in the Region and of the organs of own government or entities by them
tuteladas, as well as in the local authorities of the Azores.
5. The use of the symbols of the Region shall be governed by regional legislative decree.
Article 5.
Own governing bodies
1. [...].
2. The Region's own governing bodies settled in the will of the açorian people,
democratically expressed, and participate in the exercise of the political power of the
Republic.
Article 6.
Representation of the Region
1. [...].
2. The Region is still represented by the President of the Regional Government or by whom it is
by it indicated, in the cases provided for in the Constitution and in the laws and arising from the
exercise of own competences of the Regional Government.
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Article 12.
Principle of national solidarity
1. The Region is entitled to be compensated financially for the costs of the
inequalities derived from insularity, specifically in relation to
communications, transport, education, culture, social security and health, encouraging
the progressive insertion of the Region into wider economic spaces, of dimension
national and international.
2. Constituting obligation of the State to ensure the charges for the guarantee of the effective
universality of social benefits when it is not possible to secure them in the
Region.
Article 17.
Financial and heritage autonomy of the Region
1. The financial and equity autonomy of the Region shall be exercised in the framework of the
Constitution, of this Statute and of the Finance Act of the Autonomous Regions.
2. Financial and equity autonomy aims to guarantee the organs of government of the
Region the means necessary for the pursuit of its assignments, as well as the
availability of the tools appropriate to the pursuit of the objectives of the
autonomy.
Article 19.
Tax Power of the Region
1. The Region exerts its own tax power, under the law, and can adapt the system
national tax to regional specificities, in the terms of the Assembly's framework law
of the Republic.
2. The regional tax system is structured in such a way as to ensure the correction of the
inequalities derived from insularity and with a view to the fair allocation of wealth and
of the income and the realization of an economic development policy and
of greater social justice.
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Article 20.
Legality of public expenditure
The assessment of the legality of public expenditure is made, in the Region, by a section
Regional of the Court of Auditors, with the powers and functions assigned by the law.
Article 21.
Regional public domain
1. The goods situated in the archipelago historically encompassed in the public domain of the
State or of the extinct autonomous districts integrate the public domain of the Region.
2. Belong, inter alia, to the regional public domain:
a) The lakes, ponds, riverbeds and other watercourses, with the respective berths and
margins and, well so, those that by law are recognized as
availables for production of electrical energy or for irrigation;
b) The ditches and irrigation canals opened by the Region and the dams of
public utility;
c) the mineral deposits;
d) The hydromineral resources, including the springs of natural mineral waters
and the mineroindustrial waters;
e) the existing underground natural cavities in the subsoil, with the exception of
rocks, common lands and other materials customarily used in the
construction;
f) The geothermal resources;
g) The regional roads, expressways and highways with their accessories and
works of art;
h) the public distribution networks of energy;
i) The artificial harbours, the docks and the anchorages;
j) The airports and aerodromes of public interest;
l) The palaces, monuments, museums, libraries, archives and theatres;
m) Public rights on classified private real estate or use and fruition
about any private goods;
n) Administrative servings and restrictions of public utility on the right of
property.
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3. Except for the regional public domain the goods allocated to the public domain
military, to the maritime public domain, to the air public domain and, save when
classified as cultural heritage, the dominial goods allocated to public services
not regionalized.
Article 23.
Regional private domain
1. Are goods from the regional private domain those which, being of the title of the Region,
are not encompassed in their public domain.
2. The goods that belonged to the extinct autonomous districts and the goods located in
regional territory historically encompassed in the private domain of the State, with
exception of the affections to non-regionalized state services, they integrate the field
private from the Region.
3. Belong, inter alia, to the regional private domain:
a) The real estate of the Region and the rights to them inherent;
b) the tenancy rights of which the Region is a holder as a tenancy;
c) The values and securities representative of equities in the capital of companies
commercial or of bonds issued by these;
d) The futures or options contracts whose underlying asset is constituted
by holdings in commercial companies;
e) the intellectual property rights;
f) The rights of any nature deripping from the title of goods and
patrimonial rights;
g) the things and rights allocated to state services transferred to the Region;
h) The goods that are declared lost in favour of the State and to which law
special do not give specific target;
i) The abandoned goods and those which integrate heritages declared vacant for the
State, as long as one and others are located within the territorial limits of the
Region.
4. The misallocation of a parcel of the public domain of the State in the Region implies the
its automatic integration into the regional private domain, further conferring to the Region the
right of possession over the same.
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Article 25.
Composition and mandates
The Legislative Assembly is composed of elected Deputies upon suffrage
universal, direct and secret, of harmony with the principle of proportional representation
and by constituencies, under the terms of the electoral law, for a four-year term .
Article 26.
Constituencies
1. Each island constitutes an electoral circle, designated by the respective name.
2. Each constituency of island elects two Deputies and still Deputies in number
proportional to that of the citizen voters in it.
3. Election law also provides for the existence of a regional circle of compensation,
strengthening the overall proportionality of the system.
4. Election law may further provide for the existence of a circle, comprising the
mentorians with double residency, in the territory of the Region and other parcels of the
territory Portuguese or abroad, which elects two Deputies.
5. In the allocation of the mandates applies, within each circle, the system of
proportional representation and the method of the highest average Hondt, in the terms
defined by the electoral law.
Article 27.
Applications
1. Deputies are elected by lists presented by the political parties
competitors in each constituency, in isolation or in coalition, and may
lists to integrate unregistered citizens in the respective parties.
2. No one can be a candidate for more than one constituency, excepting the circle
regional compensation, or figure in more than one list.
Article 28.
Political representation
The Deputies are representatives of the whole Region and not just from the circle why they are
elected.
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Article 29.
Exercise of the function of Deputy
1. [...].
2. The lack of the Deputies to official acts or representations, because of meetings or
missions of the Assembly, is a justified reason for the postponement of these, without
any charge.
3. The Deputy shall not be able to invoke the grounds provided for in the preceding paragraph more than
one time in any official act or diligence.
4. All entities have, in the terms of the law, the duty to cooperate with the Deputies in the
exercise of its functions.
Article 30.
Powers of Deputies
1. Deputies have the power to:
a) Present Forms of Critical-Administrative Status;
b) Present drafts of law concerning the election of Deputies to the
Legislative Assembly;
c) Present forbids that respect the legislative initiative of the
Legislative Assembly;
d) Present projects of regional legislative decree, of the Rules of the
Legislative Assembly and resolution;
e) Present regional referendum proposals;
f) Present motions of censorship;
g) Participate and intervene in parliamentary debates, pursuant to the Rules;
h) Rewant and obtain from the Regional Government or the organs of any entity
regional public the elements, information and official publications that
consider useful for the exercise of your mandate;
i) Formulate oral or written questions to the Regional Government, pursuant to the law
and of the Rules;
j) Suscite the holding of two debates in each legislative session on
regional policy matters, in the terms of the Rules;
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l) Rewanting the constitution of parliamentary commissions of inquiry or of
possible commissions;
m) Rewant to the Constitutional Court the declaration of unconstitutionality
of any standard on the grounds of the violation of rights of the Region, the
declaration of illegality of any constant regional diploma standard
on the grounds of the violation of this Statute, or the declaration of
illegality of any constant standard of diploma emanating from the organs of
sovereignty on the grounds of violation of the rights of the consecrated Region
in this Statute;
(n) to exercise the remaining powers as consigned to law and the Rules.
2. The powers set out in paragraphs (f), j) and l) of the preceding paragraph shall only be
exercised by a minimum of five Deputies or by a parliamentary group.
3. The constant power of paragraph 1 (m) may only be exercised by one tenth of the
Deputies.
Article 31.
Duties of Members
1. Constituts duties of the Deputies:
a) Participate in the parliamentary proceedings;
b) to appear at the plenary meetings and those of the committees to which they belong;
(c) Perform the posts of the Assembly and the duties for them to be elected
or assigned;
d) [previous paragraph (c)];
(e) [previous point d)];
f) [previous Article (e)];
g) To contribute to the effectiveness and prestige of the proceedings of the Assembly and, in
general, for the observance of the Constitution and the Statute.
2. Deputies must visit each of the islands in the Region at least once in a
each legislature.
Article 33.
Political competence of the Legislative Assembly
It competes with the Legislative Assembly:
a) Give possession to the Regional Government and approve the respective Programme;
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b) [...];
c) Approve the regional budget, broken down by expenditure and revenue,
including those of the regional autonomous services and funds and the programmes of
investment of each regional office;
d) [...];
e) [...];
f) Voting motions for rejection of the Government Programme;
g) [previous point f)];
h) Present proposals for regional referendum to the President of the Republic;
(i) Decide, on his or her initiative or under consultation of the organs of sovereignty,
on the questions of the competence of these ;
j) Participate in the definition of the positions of the Portuguese State, in the framework of the
process of European construction, in the matters that are within its competence
policy and legislative;
l) Participate in the establishment of cooperative ties with entities
foreign regional;
m) Approve agreements with regional or foreign local entities that versem
on subjects of their competence or on participation in organisations
that they have the object of fostering inter-regional dialogue and cooperation;
n) Eleger the holders of organs or positions which by law or agreement, kayba
designate;
o) Participate in the meetings of the commissions of the Assembly of the Republic in which
whether to discuss regional legislative initiatives, through representatives of their own,
in the terms of the Rules of the Assembly of the Republic.
Article 40.
Regulatory competence of the Legislative Assembly
1. It is the sole competence of the Legislative Assembly to regulate the laws and
decrees-laws emanating from the organs of sovereignty that do not reserve for the Government the
respective regulatory power.
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2. For the effects of the preceding paragraph, the organs of sovereignty can only reserve
to the Government the regulatory power of laws and decrees-laws that they have on
matters of the respective reserves of legislative competence, delimited by the
articles 161, 164, 165 or paragraph 2 of the 198 of the Constitution.
Article 43.
Form of acts
1. Revestin the form of regional legislative decree the acts provided for in points (b), (c),
(d) and (e) of Article 33, in Article 36 (1), Article 38 (1), para.
article 39 and in Article 40 (1).
2. Review the draft form the acts set out in paragraph 1 (a) of Article 35 and
of proposal the acts set out in paragraph 1 (b) of the same article.
3. Revestin the manner of resolution the remaining acts of the Legislative Assembly, including
those provided for in the second part of subparagraph (a) and (h) of Article 33 and paragraph 3 of the
article 40.
4. Revise the form of motion the acts provided for in Article 33 (f) and (g).
5. Acts provided for in paragraphs 1, 3 and 4 of this Article are published in the Journal of the
Republic and republics in the Official Journal of the Region.
Article 67.
Legislature
1. [...].
2. [...].
3. The Assembly meets in plenary, at the minimum, in nine legislative periods by
legislative session, between September 1 to July 31.
4. Out of the legislative periods provided for in the preceding paragraph, the Assembly
Legislative can muster extraordinarily, in plenary, upon convocation of the
your President, in the following cases:
a) On the initiative of the Standing Committee;
b) At the initiative of a third of the Deputies;
c) By request of the Regional Government.
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Article 69.
Start of the legislature
1. The Legislative Assembly meets, in its own right, no later than 10. to the
general clearance of election results.
2. At the first meeting the Legislative Assembly checks the powers of its members
and elects your Table.
Article 72.
Commissions
1. The Legislative Assembly shall have the committees set out in the Rules and may constitute
any possible, enquiry commissions, or for any other determined purpose.
2. [...].
3. The presidencies of the committees are, in each set, rematch by the groups
parliamentarians, in proportion to the number of their Deputies.
4. The petitions addressed to the Assembly are appreciated by the committees or by committee
specially constituted for the purpose, which can hear the remaining committees
competent on the grounds of matter, as well as to request the testimony of any
citizens.
5. [...].
6. Parliamentary commissions of inquiry shall enjoy own investigative powers
of the judicial authorities.
7. The legal regime of parliamentary commissions of inquiry shall be established by
regional legislative decree.
Article 73.
Standing Committee
1. Outside of the legislative periods, during the period in which it is found to be dissolved and
in the remaining cases provided for in the Constitution and the Statute, the Commission works
Permanent of the Legislative Assembly.
2. [...].
3. Compete to the Standing Committee:
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a) Watch for compliance with the Constitution, the Statute and the laws and appreciate
the acts of the Government and the autonomous regional administration;
(b) Decide, on his or her initiative or under consultation of the organs of sovereignty,
concerning the matters of competence of these who respect the Region;
c) [...];
d) [...];
e) [...].
Article 74.
Parliamentary groups and parliamentary representations
1. Deputies elected by each party or coalition of parties may constitute themselves
in parliamentary group.
2. Constitutions rights of each parliamentary group:
a) [...];
b) [...];
c) [...];
(d) provoke, by means of interpellation to the Government, the opening of two debates
in each legislative session, on general or sectoral policy subjects;
e) [...];
f) [...];
g) [...];
h) [...];
i) Present motions of censorship;
j) [...].
3. The Deputy who is the sole representative of a party or coalition may
constitute itself as parliamentary representation.
4. Constituting rights of the parliamentary representations as provided for in points (a), (b),
d), (g) and (j) of paragraph 2 of this Article.
5. [previous n. 4].
6. [previous n. 5].
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Article 82.
Programme of the Regional Government
1. The Regional Government Programme contains the main policy guidelines and
measures to be adopted or to propose in the exercise of the governing activity.
2. The Regional Government Programme is delivered to the Legislative Assembly on the deadline
maximum of 10 days after the taking of possession of the Regional Government .
3. The Regional Government Programme is submitted for consideration and voting to the
Legislative Assembly, which convene mandatorily to the effect, up to 15 th day
after the possession of the Regional Government.
4. The debate on the programme of the Regional Government may not exceed three days.
5. Until the closing of the debate any parliamentary group may propose the rejection
of the Regional Government Programme in the form of a motion properly
substantiated.
Article 83.
Motions and confidence votes
1. The Regional Government may request the Legislative Assembly, by one or more
times, the approval of a motion of confidence about its performance.
2. The Regional Government may, too, request the Legislative Assembly to approve
of vote of confidence on any matters of sectoral policy.
Article 84.
Motion of no confidence
1. The Legislative Assembly may vote on motions of censure to the Government Regional about
the execution of your Program or subject of relevant interest to the Region.
2. The motion of censorship cannot be enjoyed before decorations seven days after your
presentation, not owing the debate to have a duration of more than two days.
3. If the motion of censorship is not passed, its signatories may not submit
another during the same legislative session.
Article 85.
Resignation of the Regional Government
1. Imply the resignation of the Regional Government:
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a) [...];
b) The dissolution of the Legislative Assembly;
c) The submission of a request for resignation by the President of the Regional Government
to the Representative of the Republic;
d) [previous paragraph (c)];
(e) [previous point d)];
f) [previous Article (e)];
g) The approval of motion of censorship.
2. In the cases of resignation of the Regional Government in the situations provided for in points (c) to
g) of the preceding paragraph, the Representative of the Republic appoints new President of the
Regional Government, in accordance with Article 80 (1).
3. In the case provided for in the preceding paragraph, if, after the hearing of the parties represented
in the Legislative Assembly, the Representative of the Republic will see that they do not exist
conditions to appoint the President of the Regional Government taking into account the
results of the elections, must communicate such a fact to the President of the Republic, to
effects of point (a) of Article 68 (2).
Article 86.
Mandatory visits by the Regional Government
1. The Regional Government visits each of the Islands of the Region at least once by
year.
2. On the occasion of one of the visits referred to in the preceding paragraph, the Council of the Government
gathers on the visited island.
Article 96.
Rights, perks and implants of the Deputies
The Statute of Deputies to the Assembly of the Republic shall apply to the Members of the
Legislative Assembly with regard to rights, perks and immunities
constitutional and legally enshrined, with the necessary adaptations and agreement
with the specificities enshrined in this Statute and in the respective legal regime of
execution.
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Article 97.
Social security of Members
1. Deputies are entitled to the social security regime of civil servants.
2. In the case of any Member of Parliament opting for the social security regime of his or her activity
professional, it is up to the Legislative Assembly to the satisfaction of the charges that
corresponded to the respective employer.
Article 103.
Status of members of the Regional Government
The status of the members of the Government of the Republic shall apply to the members of the Government
Regional, with regard to duties, responsibilities, incompatibilities, rights,
perks and immunities, with the necessary adaptations and in accordance with the
specificities enshrined in this Statute and in the respective legal regime of
execution.
Article 122.
Administrative Organization of the Region
The administrative organisation of the Region shall reflect the geographical reality,
economic, social and cultural of the archipelago, in order to better serve the respective
population and, simultaneously, to encourage the unity of the açorian people.
Article 130.
Judicial organization
1. The regional judicial organization takes into consideration the specifics and
own needs of the Region.
2. Each island, with the exception of the Corvo, shall correspond at least to the area of
circumscription of a judicial court of first instance, and shall exist in the
archipelago a judicial court of second instance.
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Article 133.
Municipality of the island of the Corvo
The municipality of the island of the Corvo, by constraints of its own, is the holder of the
generic skills of the freguesias, with due adaptations, in the respective
territory. "
b) Article 1 (1) and Article 2 (1) are amended and merged, by having the
following wording:
" Article 1.
Regional autonomy
1. The archipelago of the Azores constitutes an Autonomous Region of the Portuguese Republic,
endowed with legal personality of public law.
2. The political, legislative, administrative, financial and heritage autonomy of the Region
exercises in the framework of the Constitution and of this Statute.
Article 2.
Regional territory
1. The territory of the Autonomous Region covers the archipelago of the Azores, composed of the
islands of Santa Maria, St. Michael, Third, Gracious, St George, Pico, Faial, Flowers and
Crow, as well as your islanders.
2. Constitutions still an integral part of the regional territory the inland waters, the sea
territorial and the contiguous continental shelf to the archipelago. "
(c) Article 4 (1) and Art. 11 are amended, merged and renumbered
as Article 24, by having the following wording:
" Article 24.
Definition and headquarters
1. The Legislative Assembly is the representative body of the Region with powers
legislative and supervisory action of the regional governing action.
2. The Legislative Assembly has its headquarters in the city of the Horta, the island of Faial, and
delegations on the remaining islands. "
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(d) Article 4 (2) and Art. 46 are amended, merged and renumbered
as Article 75, by having the following wording:
" Article 75.
Definition and headquarters
1. The Regional Government is the executive body for the conduct of the Region's policy and the
top body of the autonomous regional administration.
2. The Presidency and the Regional Secretaries constitute the departments of the Government
Regional and have their headquarters in the cities of Angra do Heroism, Horta and Ponta
Delgada. "
e) Article 28 and Article 29 are amended, merged and renumbered as
article 32, by having the following wording:
" Article 32.
Replacement, suspension, loss and resignation of the mandate
1. Deputies are entitled to their replacement and to require the suspension of their
mandate, under the terms of the implementing regime of the status of the holders of the organs of
own government.
2. Permit the mandate the Deputies who:
a) Come incurring in some of the incapacities or incompatibilities
provided for in this Statute, without prejudice to the provisions of the schemes of
replacement and suspension of mandate;
b) Do not take a seat in the Legislative Assembly or exceed the number of
missing set out in the Rules;
c) Sign up for a diverse political party from that for which they were elected;
d) Be judicially convicted of a crime of responsibility in the exercise
of their function in such a penalty or for participation in racist organizations or
that perfils the fascist ideology.
3. Deputies may waive the mandate, upon written statement addressed to the
President of the Legislative Assembly. "
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f) Article 31 is amended and divided into Articles 35, 36, 37 and 38, passing
to be replaced by the following:
" Article 35.
Legislative initiative
1. Compete to the Legislative Assembly, in the exercise of its competence of initiative
legislative:
a) Elaborate the projects of Administrative-Administrative Status of the Region and of law
on the election of Members to the Legislative Assembly , well how to issue
opinion on the respective rejection or introduction of amendments by the
Assembly of the Republic, in accordance with Article 226 of the Constitution ;
(b) to exercise legislative initiative, by the submission of proposals for law or
of amendment to the Assembly of the Republic.
2. In the exercise of the competence provided for in the preceding paragraph, the Legislative Assembly
may apply for the declaration of urgency of the respective processing and still its
scheduling.
Article 36.
Own legislative competence
1. Compete to the Legislative Assembly legislate, for the regional territory, in the subjects of the
own legislative competence of the Region and which are not reserved by the articles
161., 164, 165 or by Article 198 (2) of the Constitution to the organs of
sovereignty.
2. Are matters of the own legislative competence of the Region as referred to in subsection
II of the present section.
Article 37.
Supplementary legislative competence
1. Compete to the Legislative Assembly to develop, for the regional territory, the
principles or the general bases of the legal regimes contained in law or decree-law that
to them to be circumscribe, save when they are in question subjects whose regime is
fully reserved to the organs of sovereignty.
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2. Regional legislative decrees approved under this Article shall
invoke expressly the laws or ordinances-laws whose principles or general bases
develop.
3. The competence enunciated in paragraph 1 is not limited to the subjects of competence
own legislative of the Region, set out in subsection II of the present section.
4. When laws or decrees-laws of bases focus on matters covered in the
own legislative competence of the Legislative Assembly, this may opt for
develop, for the regional territory, the principles or general bases of the schemes
legal in them contained in the terms of this Article or, alternatively, exercise the
own legislative competence, in the terms of the previous article.
Article 38.
Delegated legislative competence
1. Compete to the Legislative Assembly legislate, upon permission of this, in the subjects
of the relative reserve of the Assembly of the Republic provided for in the second part of the
d), in points (e), (g), (h), (j), and (l), first part of (m), and (n), (r), u) and z) of the
n Article 165 (1) of the Constitution.
2. The proposals for a permit law must be accompanied by the preliminary draft of the
regional legislative decree to be authorized, applying to the corresponding laws of
authorization the provisions of the n. the
2 and 3 of Article 165 of the Constitution.
3. The authorizations referred to in the preceding paragraph shall lapse with the term of the legislature or
with the dissolution of the Assembly of the Republic or of the Legislative Assembly.
4. Regional legislative decrees approved under this Article shall
to expressly invoke the laws of authorization under which they were drawn up.
5. The Assembly of the Republic may submit the regional legislative decrees
approved under this Article to their assessment for the purpose of cessation of
effective, in accordance with Article 169 of the Constitution, and may not, however, change them.
6. The competence enunciated in paragraph 1 is not limited to the subjects of competence
own legislative of the Region, set out in subsection II of the present section. "
(g) Article 32 (1) (e) of Article 33 shall be amended, merged and
renumbered as Article 41, by having the following wording:
22
" Article 41.
Other skills
1. Compete to the Legislative Assembly , in the exercise of supervisory functions:
a) Watch for compliance with the Constitution, the Statute and the laws and appreciate
the acts of the Government and the autonomous regional administration;
b) Approve the accounts of the Region relating to each economic year and appreciate
the implementation reports of the economic and social development plan
regional;
c) To ask the Constitutional Court for the declaration of unconstitutionality of
any standard on the grounds of the violation of rights of the Region, the
declaration of illegality of any constant regional diploma standard
on the grounds of the violation of this Statute, or the declaration of
illegality of any constant standard of diploma emanating from the organs of
sovereignty on the grounds of violation of the rights of the consecrated Region
in this Statute.
2. Compete to the Legislative Assembly, in the exercise of follow-up functions:
a) Follow up the activity of the holders of organs or positions designated by the
Legislative Assembly;
b) Follow the tutelage of the Regional Government on the activity of the authorities
places of the Azores;
(c) to appreciate reports of the entities created pursuant to this Statute;
d) Proceed to the annual hearing of the Director of the Regional Centre for the Azores of the
radio and public television and of the responsible in the news agency Region
public.
3. Compete also to the Legislative Assembly to approve its Rules. "
h) Article 37 and the n. the
1 and 2 of Article 40 are amended, merged and
renumbered as Article 70, by having the following wording:
" Article 70.
Health
1. The Assembly operates in plenary meetings and in commissions.
23
2. The plenary meetings are public and those of the committees may be able to be.
3. It is published a Journal of the Legislative Assembly with the full reporting of the meetings
plenaries of the Assembly, as well as the reports and opinions of the committees, of whose
meetings are lavished minutes.
4. The Legislative Assembly considers itself to be constituted at a plenary meeting finding itself
present the majority of the legal number of its members.
5. The Assembly may, by its initiative or the request of the Regional Government,
declare the urgency of any initiative, which must follow special plotting. "
(i) Article 40 (3) and Article 41 (2) are amended, merged and
renumbered as Article 71, by having the following wording:
" Article 71.
Participation of members of the Regional Government
1. Members of the Regional Government have a seat at the Assembly meetings and the
right to use the word for the submission of any communication or
provision of clarifications.
2. Members of the Regional Government may request their participation in the proceedings
of the committees and shall appear before them when they are required. "
j) Article 47 (2) and Article 67 (2) are amended, merged and renumbered
as Article 76, by having the following wording:
" Article 76.
Composition
1. The Regional Government shall be constituted by the President and the Regional Secretaries.
2. The Regional Government may include Vice-Presidents and Regional Undersecretaries.
3. The number and the denomination of the members of the Government, the area of its competence and the
organic of government departments are fixed by regulatory decree
regional.
4. Regional Subsecretaries have the powers delegated to them by the
respective members of the Regional Government. "
24
(l) Article 48, Article 53 (2) and Article 55 are amended, merged and
renumbered as Article 80, by having the following wording:
" Article 80.
Initiation and cessation of functions
1. The President of the Regional Government shall be appointed by the Representative of the Republic,
taking into account the results of the elections to the Legislative Assembly , ears the
political parties in it represented.
2. The Vice-Presidents, the Secretaries and the Regional Undersecretaries are appointed and
exonerated by the Representative of the Republic, on a proposal from the President of the
Regional Government.
3. The Regional Government takes office before the Legislative Assembly .
4. The duties of the Vice-Presidents and the Regional Secretaries cease with those of the
President of the Regional Government and those of the Undersecretaries with those of the members of the
Government that they depend on.
5. In the event of the resignation of the Regional Government, the President of the Regional Government
remains in office, being exonerated on the date of the inauguration of the new President of the
Regional Government.
6. Prior to the approval of your programme by the Legislative Assembly or after your
resignation, the Regional Government is limited to the practice of the strictly necessary acts
to ensure the day-to-day management of public business.
7. For the purposes of the preceding paragraph, acts strictly necessary shall be deemed to be
ensuring the day-to-day management of public business:
a) Acts that, cumulatively, are urgent or inadiable, have as
objective the pursuit of a public interest of relief and that they are
appropriate to the achievement of the invoked purpose;
b) the acts of ordinary administration, maintenance of operation or of
conservation;
c) Acts of mere execution or realization of measures taken in
moment prior to the resignation of the Government. "
m) Article 60 is amended and divided into Articles 87, 88 and 89, passing
the following:
25
" Article 87.
Political competence of the Regional Government
It is incumbent on the Regional Government, in the exercise of political functions:
a ) Conduct the policy of the Region, advocating for democratic legality;
(b) Decide, on his or her initiative or under consultation of the organs of sovereignty,
on the issues of the competence of these which concern the Region;
c) Participate in the elaboration of the national plans;
d) Participate in the definition and implementation of fiscal, monetary, financial policies
and currency exchange, so as to ensure the regional control of means of payment
in circulation and the financing of the investments required by
economic-social development of the Region;
e) Participate in the definition of the policies relating to inland waters, the sea
territorial, the contiguous zone, the exclusive economic zone and the platform
contiguous continental to the archipelago;
f) Present to the Legislative Assembly proposals of legislative decree
regional, regional referendum and bulkheads of law;
(g) to draw up its Programme and to present it, for approval, to the Assembly
Legislative;
(h) draw up the proposals for economic and social development plan of the
Region;
(i) to draw up the budget proposal and submit it to the approval of the Assembly
Legislative;
j) Present to the Legislative Assembly the accounts of the Region;
l) Participate in the definition of the positions of the Portuguese State within the framework of the
process of European construction in matters of interest of the Region;
m) Participate in the negotiations of treaties and international agreements that
directly relate to the Region and administer the benefits of them
stemming;
n) Establish cooperative relations with foreign regional entities,
notably through the negotiation and adjustment of agreements;
o) Rerepresenting the Region in organizations that have the object of fostering the
dialogue and inter-regional cooperation;
26
p) Participate in the European construction process, upon representation in the
respective regional institutions and in the delegations involved in processes
of a Community decision, when they are concerned with matters of interest
regional.
Article 88.
Regulatory competence of the Regional Government
1. Compete to the Regional Government, in the exercise of regulatory functions:
a ) Approve your own organisation and operation;
(b) Regulatory to regional legislation;
(c) Regulatory acts of the European Union;
(d) to elaborate the regulations necessary for the effective functioning of the
autonomous regional administration and the proper execution of laws.
2. The matter enunciated in (a) of the preceding paragraph is the exclusive competence of the
Regional Government.
3. The Regional Government may issue independent regulations in the framework of
competency conferred by paragraph 1 of this article.
Article 89.
Executive competence of the Regional Government
1. Compete to the Regional Government, in the exercise of administrative powers:
a ) Exercise own executive power;
(b) directing the services and activities of autonomous regional administration;
c) To coordinate the drafting of the regional plan and budget and to ensure it
good execution;
d) Adopt the necessary measures for economic promotion and development and
social and to the satisfaction of regional collective needs;
e) to administer and dispose of the regional heritage and to conclude the acts and contracts
in which the Region has an interest;
(f) to administer, pursuant to the Statute and the Finance Act of the Regions
Autonomous, the tax revenue collected or generated in the Region, as well as the
participation in the state's tax revenues, and other revenue that it
are assigned and allocate them to their expenses;
27
(g) Exercising power of guardian over local authorities;
h) Superintender in the services, public institutes and public companies and
nationalised that exercise its exclusive activity or
predominantly in the Region, and in other cases in which the regional interest the
justifies;
i) Proceed to civil requisition and expropriation by public utilities, nos
terms of the law;
(j) practise all the acts required by the law relating to the officials and
agents of the autonomous regional administration;
(l) Exercise the remaining executive functions that are committed to him by law.
2. Compete still to the Regional Government in tax matters, pursuant to the law:
a) Launch, liquidate and collect taxes and fees through own services or
using the services of the State;
(b) to raise the revenue from other taxes, fees or equivalent revenue;
(c) to exercise the position of an active subject in the tax relations in which the Region
be part;
d) Grant tax benefits. "
n) Articles 61 and 62 are amended, merged and renumbered as an article
90., turning to the following:
" Article 90.
Form of the acts of the Regional Government
1. Revestin the form of regional regulatory decree the acts of the Regional Government
provided for in points (a) and (d) of paragraph 1 and in Article 88 (3).
2. They are approved in Council of Regional Government the regulatory decrees
regional, the proposals for regional legislative decrees and regional referendums and
the forefathers of law.
3. Regional regulatory decrees are sent to the Represent of the Republic to
signature and are warrants publish in the Journal of the Republic and republish in the Newspaper
Officer of the Region .
28
4. All the remaining acts of the Regional Government and its members shall be
published in the Official Journal of the Region , in the terms defined by legislative decree
regional. "
(o) Article 63 and the n. the
1 and 3 of Article 64 are amended, merged and
renumbered as Article 77, by having the following wording:
" Article 77.
Council of the Regional Government
1. Constitutions the Council of the Regional Government the President, the Vice-Chairs, if
the there are, and the Regional Secretaries.
2. You may be summoned to participate in the Regional Government meetings the
Regional Subsecretaries.
3. The Regional Government Council meets whenever it is summoned by its
President, it is to fit the definition of the general direction of government policy. "
p) Article 65 is amended and divided into Articles 78 and 79, by having the
following wording:
" Article 78.
President of the Regional Government
1. The Regional Government is represented, directed and coordinated by its President.
2. The President of the Regional Government may have his or her office any of the departments
government.
Article 79.
Replacement of members of the Regional Government
1. In its absences and impediments, the President designates to replace him with a Vice-
President, if there is, or a Regional Secretary.
2. Each Vice-President or Regional Secretary is replaced, in his absence or
impediment, by the member of the Regional Government appointed by the President of the
Regional Government. "
29
(q) Article 67 (3) and Article 91 are amended, fused and renumbered
as Article 123, by having the following wording:
" Article 123.
Regional services
1. The autonomous regional administration aims at the pursuit of public interest, in the
respect for the legally protected rights and interests of the citizens and of the
principles of equality, proportionality, fairness, impartiality and good faith.
2. The organization of the autonomous regional administration obeys the principles of
decentralization and de-concentration of services, takes into consideration the
condialisms of each island and aims to ensure a speedy administrative activity,
effective and quality.
3. The Regional Government, with a view to ensuring an effective approximation of services
to populations, promotes the existence on each island of services of its
departments or a delegation of the Regional Government. "
(r) Article 68 is amended and divided into Articles 91, 92 and 93, passing
the following:
" Article 91.
Holders of political office of the governing bodies of their own
They are holders of political office of the self-governing bodies of the Autonomous Region
of the Azores the Deputies to the Legislative Assembly and the members of the Regional Government.
Article 92.
Remunerative status of holders of political office
1. The President of the Legislative Assembly and the President of the Regional Government have
remunerative status identical to that of the Minister .
2. Deputies to the Legislative Assembly perceive monthly a maturity
corresponding to that of the Deputies to the Assembly of the Republic, deduced from the
percentage of 3.5%.
30
3. The Vice President of the Regional Government perceives a maturity on a monthly basis
corresponding to half of the sum of the salary of the President of the Government
Regional with the maturity of a Regional Secretary.
4. The Vice President of the Regional Government is entitled to an allowance for expenses of
representation equal to half of the sum of the equivalent sum earned by the President
of the Regional Government with the equivalent grant earned by a Regional Secretary.
5. The Regional Secretaries have remunerative status identical to that of the Secretaries of
State and the Subsecretaries Regional to that of the Undersecretaries of State.
6. The Vice-Presidents of the Assembly and the chairmen of parliamentary groups have
right to a monthly allowance for expenses of representation in the amount of 25% of the
maturity of the President of the Legislative Assembly.
7. The vice-presidents of parliamentary groups, the Deputies constituted in
parliamentary representation and the chairpersons of parliamentary committees are entitled
to a monthly allowance for expenses for representation in the amount of 20% of the
maturity of the President of the Legislative Assembly.
8. Secretaries of the Bureau and the rapporteurs of parliamentary committees are entitled to a
monthly allowance for expenses of representation in the amount of 15% of the salary of the
President of the Legislative Assembly.
9. The remaining Deputies not referred to in paragraphs 6, 7 and 8 shall be entitled to a monthly allowance
for expenses of representation in the amount of 10% of the salary of the President of the
Legislative Assembly, as long as they perform the respective mandate in regime
of unique dedication.
Article 93.
Cost aid
1. Political officeholders who lode out of the island of their residence
on official service may opt for one of the following benefits:
a) Abono of daily cost aid equal to the one fixed for the members of the
Government;
(b) Accommodation in hotel establishment, plus the amount
corresponding to 50% or 70% of the daily cost aids, as per
displacement takes place in the national territory or abroad.
31
2. The provisions of the preceding paragraph shall also apply to holders of political office who
get out inside the island of your residence, on official service, save when the
distance between your abode and the place of work does not exceed 40 kilometres, case
where they are entitled to one-third of the cost aid fixed under the terms of point (a) of the
previous number.
3. Deputies shall be entitled to the cost aid fixed pursuant to this Article by
each day of presence in parliamentary work, to which the allowance is to be summoned
corresponding to two days for each week in which work takes place
parliamentarians. "
s) Articles 87, 88, 89 and 90 are amended, merged and renumbered as
article 125, by having the following wording:
" Article 125.
Representative bodies of the islands
1. Each island has a representative body of its interests.
2. To the representative bodies of the islands competes:
(a) to issue opinion on matters with an interest to the island, on its initiative or
the solicitation of one of the governing bodies of its own;
(b) Fostering collaboration and cooperation between authorities of the same island and the
uniformity of municipal regulations;
(c) to exercise the remaining skills assigned to it by decree
regional legislative.
3. The representative bodies of the islands shall be composed of representatives of the
organs of own government, local authorities and society.
4. The constitution, organization and operation of the representative bodies of the islands,
as well as the rights and duties of its members, are regulated by decree
regional legislative. "
t) Articles 92, and 93 are amended, merged and renumbered as an article
124., turning to the following:
32
" Article 124.
Regional public function
1. Autonomous regional administration has frameworks of its own that must comply with
criteria for economy of means, qualification and professional efficiency.
2. The bases and general scheme of recruitment for public function in services
regional, technical training, the framework of frameworks and careers, of the statute
discipline and the retirement scheme are those defined by law for the administration
public of the State.
3. Mobility is guaranteed between the frameworks of the autonomous regional administration,
local administration and administration of the State, without prejudice to the acquired rights,
particularly in the matter of seniority and career. "
u) Articles 94, 96 and 106 are amended, merged and renumbered as
article 16, by having the following wording:
" Article 16.
Economic and social development policy of the Region
1. The orientation and definition of the economic and social development policy of the
Region takes into account the intrinsic characteristics of the archipelago.
2. The economic and social development plan and the regional budget frame
and promote the development of the Region.
3. In harmony with the principle of national solidarity, the State assures the Region
the financial means necessary for the realization of the constant investments of the plan
of regional economic and social development that exceed the capacity of
funding from it, according to the fund transfer program in the
Terms of the Finance Act of the Autonomous Regions. "
v) Articles 98, 100, 102 and 107 are amended, fused and renumbered
as Article 18, by having the following wording:
" Article 18.
Revenue from the Region
33
1. The Region has, for its expenditure, in accordance with the Constitution, the Statute and the
The Finance Act of the Autonomous Regions, of the tax revenue collected therein or
generated, from a share in the state's tax revenues, established from
agreement with the principle of national solidarity, as well as other revenue that
be assigned to you.
2. Constitutions, in particular, revenue of the Region:
a) the incomes of its heritage;
b) All taxes, fees, fines, fines and additional levied on your
territory, including stamp duty, customs duties and too much
impositions charged by customs, namely taxes and differentials
of prices on petrol and other oil derivatives;
c) Tax incidents on goods destined for the Region and liquidated
out of its territory, including the value added tax and the
tax on the sale of vehicles;
(d) Other taxes that should belong to you, pursuant to this Statute and
of the law, in particular as a function of the place of the occurrence of the operative fact of the
obligation of the tax;
e) the holdings mentioned in point (h) of Article 7 (1);
f) The proceeds of loans;
g) The financial support of the State to which the Region is entitled, in harmony with the
principle of national solidarity;
h) the product of the issuance of stamps and coins with numismatic interest;
i) The financial comholdings of the European Union;
j) The proceeds of privatization, reprivatization and sale of shareholdings
financial;
l) The inheritances and legacies left to the Region;
m) The other recipes that are assigned to it.
3. The Region's revenue is allocated to its expenditure, according to the annual budget
approved by the Legislative Assembly.
4. The State shall ensure that the Region benefits from the support of the European Union funds,
taking into account the specificities of the archipelago. "
34
x) Articles 35 and 49 of the Regional Administrative Status of the Region
Autonomous of the Azores are renumbered, respectively, as articles 47.
and 81.
Article 3.
Addition of preamble to the Poly-Administrative Status of the Region
Autonomous of the Azores
A preamble is added to the Administrative-Administrative Status of the Autonomous Region of the
The constant Azores of Law No. 39/80 of August 5, with the amendments made by the
Law No. 9/87 of March 26 and by Law No. 61/98 of August 27, with the following
wording:
" Recognizing the historical aspirations of the Butcher People that, there is more
of a century, started the fight for the conquest of the right to the free administration of the Azores
by the Açorians;
Honoring the memory of the first autonomists who affirmed the açorian identity and
the unity of its People and honoring the ingenuous combat of all how many,
succeeding them in time, have maintained and keep alive the ideal autonomist;
Affirming heirs of those who have historically resisted isolation and
abandonment, the weathering and other cataclysms of Nature, the cycles of scarcity
material and to the most varied contravenes, thus forging a singular and proud
Portuguese to which they dared to nominate from Açorianity;
Sharing with the remaining Portuguese the victory and the establishment of Democracy that
enshrined the constitutional recognition of political and legislative Autonomy
Açoriana;
Proclaiming that Autonomy expresses the açorian identity, the free exercise of its
self-government and the promotion of the well-being of its People;
Exercising an exclusive constitutional prerogative, the Açorian People, through the
your legitimate representatives, proposed to the Assembly of the Republic the Political Status-
Administrative of the Autonomous Region of the Azores which, in compliance, approved it. "
35
Article 4.
Additions to the Politio-Administrative Status of the Autonomous Region of the Azores
They are deferred to the Administrative-Administrative Status of the Autonomous Region of the Azores
constant of Law No. 39/80 of August 5, with the amendments introduced by the Law n.
9/87, of March 26, and by Law No. 61/98 of August 27, Articles 3, 7, 8, 9,
10, 11, 13, 15, 22, 35, 37, 38, 39, 42, 42, 45., 44, 48, 48, 48, 48, 48, 48, 48
49, 50, 51, 53, 54, 56, 58, 59, 60, 61, 61, 63., 62, 65, 65, 65, 65, 65, 65, 65
66, 68, 94, 98, 99, 101, 104, 105, 106, 107, 109., 109, 109, 109, 109, 109, 109, 109
110, 111, 112, 114, 115, 117, 118, 119, 126, 126, 126, 126, 126, 126, 126, 126
127, 128, 129, 132, 134, 136, 137, and 138, 137 and 138 with the following
wording:
" Article 3.
Fundamental objectives of autonomy
The Region continues, through the action of the governing bodies of its own, the following
objectives:
a) The free and democratic participation of citizens;
b) The strengthening of national unity and bonds of solidarity among all the
Portuguese;
c) The defence and promotion of the identity, values and interests of the people of the açorian and
of its historical heritage;
d) The economic and social development of the Region and the well-being and quality
of life of the populations, based on economic, social and territorial cohesion and
in the convergence with the remaining national territory and with the European Union;
e) the guarantee of the balanced development of all and each of the islands;
f) The mitigation of the unfavorable effects of the outermost location of the
Region, insularity and isolation;
g) The adaptation of the national tax system to the Region, according to the principles of
solidarity, equity and flexibility and the realization of a
own fiscal circumscription;
h) the efectivisation of the constitutionally enshrined fundamental rights;
36
i) The protection of the right to work, promoting the reconciliation between life
family and labour;
j) universal access, under conditions of equality and quality, to systems
educational, health and social protection;
l) The promotion of higher education, multipolar and appropriate to the needs of the
Region;
m) The defence and protection of the environment, of nature, of the territory, of the landscape and
of natural resources;
n) Its institutional recognition as an outermost region and the
consolidation of European integration;
o) The fostering and strengthening of economic, social and cultural ties with the
community-resident communities outside the Region.
Article 7.
Rights of the Region
1. Are rights of the Region, in addition to those listed in Article 227 (1) of the
Constitution:
a) The right to political autonomy, legislative, financial administrative and
patrimonial;
b) The right to fair compensation and positive discrimination with a view to the
mitigation of the costs of insularity and the outermost character of the Region;
c) The right to cooperation of the State and too many public entities in the
pursuit of its tasks, notably through the celebration of
cooperation agreements;
d) The right to information that the State or other public entities
have related to the Region;
e) the right to the regional public and private domain;
f) The right to a judicial organisation that takes into account the specificities
of the Region;
g) The right to be always heard by the organs of sovereignty and to pronounce
on their own initiative, concerning the questions of the competence of these that
concern the Region;
37
h) The right to have a significant stake in the benefits arising from
treaties or international agreements relating to the Region;
i) The right to an own policy of external relations with regional entities
foreign, particularly in the framework of the European Union and the
deepening of cooperation in the framework of Macaronesia;
j) The right to establish agreements with foreign regional entities and the
participate in international dialogue and cooperation organizations inter-
regional;
l) The right to a public administration with own frames set by the
Region, as well as ensuring the mobility of workers among the
various public administrations;
m) The right to the recognition of administrative complexity arising from the
its archipelagic character at the level of the autonomous regional administration and the
organization of state services in the Region;
n) The right to create independent administrative entities;
o) The right to create regional sectoral providers;
p) The right to the recognition of the specific reality of island in the organization
municipal;
q) The right of access to the Constitutional Court for the defence of their rights
recognized by the Constitution and the present Statute.
2. The Region shall have a right of participation, when they are concerned with matters that
concern:
a) In the definition, conduct and implementation of the general policy of the State, including the
negotiation and conclusion of treaties and international agreements;
b) In the processes of formation of the will of the State within the framework of construction
European.
3. They are also rights of the Region the remaining elenced in this Statute.
Article 8.
Rights of the Region on the Portuguese maritime areas
1. The Region shall have the right to exercise jointly with the State powers of management
on inland waters and the territorial sea that belong to the regional territory and which
38
are compatible with the integration of the goods in issue in the maritime public domain
of the State.
2. The Region shall be the competent entity for licensing, in the context of use
deprivation of goods from the maritime public domain of the State, of the activities of
extraction of inert, fishing and production of renewable energy.
3. The remaining powers recognized to the Portuguese State on the maritime areas under
sovereignty or national jurisdiction adjacent to the Azores archipelago, on the terms
of the law and international law, are exercised in the framework of a shared management
with the Region, save when it is in question the integrity and sovereignty of the State.
4. The goods belonging to the underwater cultural heritage situated in the waters
interiors and in the territorial sea that belong to the regional territory and do not have
owner known or who have not been recovered by the owner within
of the period of five years from the date on which you lost them, abandoned or of them if
separated in any way, are the property of the Region.
Article 9.
Right to petition the governing bodies of their own
1. All Portuguese citizens may, individually or collectively, exercise the
right of petition, addressed to the bodies of the Region's own governing bodies, for defence of the
your rights, of the Constitution, of this Statute, of the other laws or of the interest
general, upon the submission of petitions, representations, complaints or complaints.
2. The exercise of the right of petition obliges the recipient entity to receive and examine
the petitions, representations, complaints or complaints, as well as to communicate the
decisions that are made.
3. The exercise of the right of petition is free and free of charge, and may not collect
signatures and the remaining acts necessary for their effectivation to be impeded or
impeded by any public or private entity, nor give way to the payment of
any taxes or fees.
4. The regulation of the exercise of the right of petition of citizens to the governing bodies
itself is established by regional legislative decree.
39
Article 10.
Principle of subsidiarity
The Region assumes the functions that it can pursue more efficiently and more
suitable than the State.
Article 11.
Principle of cooperation between the Republic and the Region
The Republic and the Region shall mutually cooperate in the pursuit of their respective
attributions.
Article 13.
Principle of territorial continuity and remoteness
1. The organs of sovereignty and the organs of government of the Region, in the exercise of the
respective assignments and competences, shall promote the elimination of the
structural, social and economic inequalities between Portuguese, caused by the
insularity and the remoteness of the Region and of each and every one of the islands in
relation to the centers of power.
2. The outermost condition of the Azores archipelago in relation to the territories
national and community, characterized by insularity, by the reduced size and
relief of islands, climate and economic dependence in relation to a small
number of products, shall constitute a determining factor in the definition and driving
of the internal and foreign policy of the State.
Article 14.
Principle of the acquired autonomic
1. The process of regional autonomy is of gradual and progressive deepening.
2. The rights, attributions and competences of the Region, resulting from the transfer
operated by the legislation of the Republic or founded in regional legislation, they cannot
be the subject of suspension, reduction or suppression on the part of the sovereign organs.
3. Exceptionally, when ponderous reasons of public interest
constitutionally protected, duly substantiated, the require, the suspension,
reduction or suppression of rights, attributions and regional competencies should be, in
any case, preceded by the qualified hearing procedure of the Region.
40
Article 15.
Principle of the preference of regional law
1. Regional legislative decrees prevail over the legislative acts of the
Republic, without prejudice to the reservation of legislative competence of the organs of
sovereignty.
2. In the absence of regional legislation, the legal standards of the Republic apply.
Article 22.
Public domain of the State in the Region
The cessation of the effective and direct allocation of goods from the public domain of the State to
unregionalized public services and the maintenance of that situation for a period of time
three years determines your automatic transfer to the heritage sphere of the Region,
giving you still the right of possession over the same.
Article 34.
Participation and monitoring in the process of the construction of the European Union
It is incumbent upon the Legislative Assembly, in the exercise of powers of participation and
monitoring in the European construction process:
a) Set out the major intervention guidelines of the Region in the process of
European construction and follow up and appreciate the developed activity
in that area by the Regional Government;
b) Participate in the European construction process, upon representation in the
respective regional institutions and in the delegations involved in proceedings
of a Community decision, when they are in question subjects that are from their
political and legislative competence;
c) Promoting regional inter-parliamentary cooperation in the European Union;
d) to Fiscalize the application of structural funds in the Region and others
community programmes of a regional or national scope with
incidence in the Region;
e) Participate, in accordance with the law, in the setting of appropriations to be allocated to the authorities
places and corresponding to the allocation of public resources applied in
community programs specific to the Region;
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(f) Appreciate semiannual report of the Regional Government on the participation of the
Region in the European Union.
Article 39.
Legislative competence of transposition of legal acts of the European Union
It is incumbent upon the Legislative Assembly to transact the legal acts of the European Union into the
territory of the Region, in the matters of own legislative competence.
Article 42.
Regional referendum
1. Compete to the Legislative Assembly to submit regional referendum proposals to the
President of the Republic.
2. The electoral college for the regional referendum consists of the set of citizens
census voters in the territory of the Region.
3. The regional referendum may have on the subject matters of relevant regional interest
that are of the legislative competence of the Legislative Assembly, except for
issues and acts of budgetary, tax or financial content.
4. The regulation of the regional referendum is established by law.
Article 44.
Legislative initiative and regional referendum
1. The regional legislative and referendum initiative competes with the Members, the groups and
parliamentary representations, to the Regional Government and yet, in the terms and conditions
established in the following article, to groups of citizen voters.
2. Deputies and parliamentary groups and representations may not present
projects or proposals to amend regional legislative decree or forbids
of regional referendum involving, in the current economic year, increase in
expenditure or decrease in the revenue of the Region provided for in the Budget.
3. The projects and proposals for regional legislative decree or regional referendum
definitely rejected cannot be renewed in the same legislative session.
4. The projects and proposals for regional legislative decree and regional referendum
not flown in the legislative session in which they have been presented do not lack the
42
be renewed in the following legislative sessions, save term of the legislature or
dissolution of the Assembly.
5. The proposals for regional legislative decree and referendum lapses with resignation
of the Regional Government.
6. Parliamentary commissions may submit replacement texts, without prejudice
of the projects and the proposals to which they relate.
7. The present article applies, with due adaptations, to the foreheads and
antepropositions of law.
Article 45.
Legislative initiative and citizens ' referendums
1. Citizens regularly enrolled in the electoral census in the territory of the
Region are holders of the right of legislative initiative, the right of participation in the
legislative procedure to which they give rise to and from the right of initiative referendums.
2. Citizens ' legislative initiative may have as subject to all matters included
in the legislative competence of the Legislative Assembly, with the exception of those revisiting
nature or have budgetary, tax or financial content.
3. Groups of citizen voters may not bring forward legislative initiatives that:
a) Violate the Constitution of the Portuguese Republic or the present Statute;
b) Do not contain a concrete definition of the sense of modifications to
introduce in the legislative order;
c) Envolve, in the current economic year, increase in expenditure or
decrease in revenue forecast in the Region Budget.
4. The citizens ' referendums initiative may have the subject matter referred to in the
n Article 42 (3) and may not involve, in the current economic year, an increase
of the expenditure or a decrease in the revenue provided for in the Region Budget.
5. The exercise of the right of initiative is free and free of charge, and may not be impeded or
impeded, by any public or private entity, the collection of signatures and the
too much acts necessary for its effectivation, nor giving way to the payment of
any taxes or fees.
6. The right of legislative initiative of citizens is exercised through the presentation to the
Legislative Assembly of draft regional legislative decree, subscribed by a
minimum of 1500 citizen voters census on the territory of the Region, and the right to
43
Referendum initiative through the presentation of the referendum bulkhead,
subscribed by a minimum of 3000 citizen registered voters in the territory of the
Region.
7. The exercise of the right of legislative initiative and citizens ' referendums is defined
by regional legislative decree.
Article 46.
Discussion and voting
1. The discussion of projects and proposals for regional legislative decree and
anteprojects or antepropositions of law comprises a debate in generality and another
in specialty.
2. The vote comprises a vote in generality, a vote in the specialty
and a global final vote.
3. The draft Politio-Administrative and Law Regulations on the election of the
Deputies to the Legislative Assembly are approved by a two-thirds majority of the
Deputies in effectivity of duties.
4. They lack a majority of two-thirds of the Deputies present, as long as it exceeds the
absolute majority of the Deputies in effectivity of functions:
a) The approval of the Rules of the Legislative Assembly;
b) The election of the members of independent administrative entities
regional that it couber to designate;
c) The election of regional sectoral providers.
5. Caress of an absolute majority of the Deputies in effectivity of duties:
a) the rejection of the Regional Government's programme;
b) the approval of motions of censorship;
c) the rejection of motions of trust;
d) The creation or extinction of local authorities;
e) The election of officeholders or bodies, in representation of the Region,
provided for in the law.
Article 48.
Political and administrative organization of the Region
44
1. Compete to the Legislative Assembly legislating on political organization and
administrative of the Region.
2. The subject matter of the political organization of the Region shall cover, in particular:
a) the concretization of the Statute and its regulations;
b) The Organic of the Legislative Assembly;
(c) the regime for drafting and organizing the Region's budget;
d) The regime of implementing the status of the holders of the governing bodies
own;
e) interregional cooperation of national, European or international scope;
f) The mode of designation of officeholders or bodies in representation of the
Region.
3. The subject matter of the administrative organization of the Region shall cover, in particular:
a) The organization of the direct and indirect autonomous regional administration,
including scope and regime of public administration workers
autonomous regional and too many agents of the Region;
b) The legal regime of public institutes, including public foundations and
the autonomous regional funds, public companies and institutions
private individuals of public interest who carry out their exclusive functions or
predominantly in the Region;
c) the status of regional independent administrative entities;
d) the creation of the representative bodies of the islands;
e) The creation and extinction of local authorities, as well as modification of the
respective area, and elevation of populations to the category of villas or cities.
Article 49.
Own tax power and adaptation of the tax system
1. Compete to the Legislative Assembly legislate in matters of its tax power
own and the adaptation of the national tax system.
2. The subjects of the tax power of its own and the adaptation of the national tax system
cover, specifically:
a) The power to create and regulate taxes, defining the respective incidence, the
fee, settlement, collection, tax benefits and guarantees of the
taxpayers, pursuant to the Finance Act of the Autonomous Regions,
45
including the power to create and regulate improvement contributions to tax
increases in value of real estate arising from works and investments
regional public and to create and regulate other special contributions
to compensate for the largest regional expenditons arising from
degasting private activities or abusers of the public goods or the
regional environment;
b) The power to adapt national scope taxes to the specificities
regional, in the area of incidence, rate, tax benefits and guarantees of the
taxpayers, pursuant to the Finance Act of the Autonomous Regions;
c) The power to launch additional on the tax collection in force in the
Autonomous Region of the Azores;
(d) the power of, pursuant to the Finance Act of the Autonomous Regions,
lower the national rates of income and tax taxes
on value added, and excise taxes, according to
with the legislation in force;
e) The power to determine the application, in the Autonomous Region of the Azores, of
reduced rates of the Tax on Collective Persons ' income
(IRC) defined in national legislation;
f) The power to grant deductions to the collection on commercial profits,
industrial and agricultural reinvested by the taxable persons;
g) The power to authorize the Regional Government to grant tax benefits
temporary and conditioned, relative to national scope taxes and
regional, in contractual arrangements, applicable to investment projects
significant, pursuant to the Finance Act of the Autonomous Regions.
Article 50.
Heritage autonomy
1. Compete to the Legislative Assembly to legislate in matters of own heritage and of
heritage autonomy.
2. Heritage and heritage matters of heritage cover,
specifically:
a) the private domain goods of the Region;
46
b) The special expropriation and requisition regimes, by public utility, of
goods located in the Region.
Article 51.
Agricultural policy
1. Compete to the Legislative Assembly legislate on agricultural policy.
2. The agricultural policy matter covers, specifically:
a) Agriculture, including organic agriculture, forestry, animal husbandry, well
as the agro-food sector;
b) The regional agricultural reserve;
c) the pastures, baldiums and forest reserves;
d) the rural emparcelment and the land structure of agricultural holdings;
e) animal and plant health;
f) Research, development and innovation in the agricultural sectors,
forest and agri-food, including genetic improvement and the use of
genetically modified organisms;
g) The defence, promotion and support of regional products, including the
geographical denominations of origin and quality.
Article 52.
Fisheries, sea and marine resources
1. Compete to the Legislative Assembly to legislate in matters of fisheries, sea and resources
marine.
2. The subjects of fisheries, sea and marine resources cover, specifically:
a) The conditions for access to inland waters and territorial sea belonging to the
territory of the Region;
b) The piscading resources and other aquatic resources, including their
conservation, management and exploitation;
c) The fishing activity in inland waters and territorial sea belonging to the
territory of the Region or by vessels registered in the Region;
d) aquaculture and processing of fishery products in regional territory;
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e) the fishing vessels that exert their activity in the inland waters
and territorial sea belonging to the territory of the Region or which are registered
in the Region;
f) lucid fishing;
g) the nautical recreation activities, including the scheme applicable to the
recreational browsers;
h) The crews;
i) The licensing regimes, within the scope of the custodiation of the goods of the
maritime public domain of the State, of the activities of extraction of inert
and of fishing.
Article 53.
Trade, industry and energy
1. Compete to the Legislative Assembly legislating in matters of trade, industry and
energy.
2. The subjects relating to trade, industry and energy cover, specifically:
a) the operation of regional markets and economic activity;
b) The supply regime;
c) the promotion of competition;
d) The defence of consumers and the fostering of the quality of products
regional;
e) the alternative resolution of consumer-related disputes;
f) The privatizations and reprivatizations of public companies;
g) the modernization and competitiveness of private companies;
h) The markets, fairs and trade in general, including establishments
of catering and beverages, the large commercial surfaces, as well as the
respective calendars and times;
i) The handicraft;
j) Licensing and surveillance of industrial activity;
l) The facilities for production, distribution, storage and transport of
energy and regional production energy, including renewable energy and
energy efficiency.
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Article 54.
Tourism
1. Compete to the Legislative Assembly legislate on tourism.
2. The subject of tourism covers, specifically:
a) the regime for the use of tourism resources;
b) Tourist training of human resources, including activities and
tourist professions, as well as the certification of schools and courses;
c) The legal regimes of tourism ventures and agencies and
travel and tourism operators, including the respective licensees,
classification and operation;
d) Tourist use of sites, sites or monuments of tourist interest
regional, including ranked marine areas with special interest to
the underwater tourism;
e) the maritime activities-tourism;
f) The tourist investment;
g) Regime of the declaration of tourist utility and interest for tourism;
h) The delimitation and concession of gambling zones of fortune or gambling, and the
their respective regime of operation, surveillance and sanctionatory framework;
i) The regime of denominations of origin and quality of equipment,
activities and touristic products.
Article 55.
Infrastructure, transport and communications
1. Compete to the Legislative Assembly legislating in matters of infrastructure,
transport and communications.
2. Infrastructure, transport and communications subjects cover,
specifically:
a) social equipment;
(b) the scheme of employment and public works;
c) The concessions of public works and public services;
d) The civil construction;
49
e) the traffic and routes of movement, including the setting of the limits of
speed;
f) the ports, marinas and other civil port infrastructure;
g) The airports, aerodromes, heliports and other infrastructure
civil airports;
h) Land, sea and air transport;
i) Telecommunications;
j) the postal and goods distribution.
Article 56.
Environment and spatial planning
1. Compete to the Legislative Assembly to legislate in matters of environment and planning
of the territory.
2. The subjects of the environment and spatial planning cover, in particular:
a) The protection of the environment, promotion of ecological balance and defence of the
nature and natural resources, including surveillance and monitoring
of natural resources;
b) The protected and classified areas and areas of conservation and protection,
land and navies;
c) the regional ecological reserve;
d) Natural resources, including habitats, biodiversity, fauna and flora,
geothermal, forest and geological resources;
e) the assessment of the environmental impact;
f) hunting and remaining kinetic exploration activities;
g) Water resources, including mineral and thermal waters, surface and
subterranean, canals and regadios;
h) the caption, treatment and distribution of water;
i) The collection, treatment and rejection of effluents;
j) the collection, management, treatment and valorisation of waste;
l) The control of soil and subsoil contamination;
m) The control of environmental quality;
n) the information, awareness and environmental education;
o) the environmental associativism;
50
p) The planning of the territory and instruments of territorial management;
q) urbanism, including the regime of urbanization and edification and use
of soils.
Article 57.
Solidarity and social security
1. Compete to the Legislative Assembly legislate in matters of solidarity and security
social.
2. The subjects of solidarity and social security cover, specifically:
a) the management and economic regime of social security;
b) Institution of regional complement of pension, reform and benefits
social;
c) The regulation of social services, social support and social solidarity;
d) The regime of cooperation between the regional administration and the institutions
individuals of social solidarity;
e) combating social exclusion and the promotion of equal opportunities and
of social inclusion;
f) The support for citizens with disabilities;
g) Social action, volunteering and the organisation of leisure time.
Article 58.
Health
1. Compete to the Legislative Assembly legislate on health policy.
2. The matter corresponding to the health policy covers, specifically:
a) The regional health service, including its organisation, planning,
operation, financing and human resources;
b) Private health activity and its articulation with the regional service of
health;
c) public and community health;
d) preventive, curative and rehabilitation medicine;
e) The licensing and operation regime of pharmacies and access to
medication.
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Article 59.
Family and migrations
1. Compete to the Legislative Assembly to legislate in matters of support to the family and to the
migrations.
2. Family support materials and migrations cover, specifically:
a) The protection of minors, the promotion of childhood and support for motherhood and the
parenthood;
b) The support for the elderly;
c) The integration of immigrants;
d) The support for the communities of emigrants;
e) the associativism and the diffusion of Portuguese and fused culture in the diaspora;
f) The reintegration of the returning emigrants.
Article 60.
Work and vocational training
1. Compete to the Legislative Assembly legislating in matters of work and training
professional.
2. The subjects relating to work and vocational training cover,
specifically:
a) The promotion of the fundamental rights of workers, protection in the
unemployment, the guarantee of the exercise of trade union activity in the Region and the
regional add-on institution to the national minimum wage;
b) individual and collective labour relations in the Region;
c) Professional training and valorisation of human resources, achievement and
homologation of professional titles and the certification of workers;
d) Social concertation and mechanisms for alternative resolution of conflicts
labour.
Article 61.
Education and youth
1. Compete to the Legislative Assembly legislate in matters of education and youth.
2. The subjects of education and youth cover, specifically:
52
a) The regional education system, including the respective organisation,
operation, human resources, equipment, administration and management
of educational and educational establishments;
b) The assessment in the regional educational system and curriculum plans;
c) The private activity of education and its articulation with the education system
regional;
d) School social action in the regional education system;
e) The incentives for study and means of combating unsuccessful and abandonment
school;
f) Student and juvenile associativism;
g) Youth mobility and tourism;
h) The regulation and management of activities and facilities aimed at young people.
Article 62.
Culture and media
1. Compete to the Legislative Assembly legislating in matters of culture and communication
social.
2. Culture and media subjects cover, specifically:
a) The historical, ethnographic, artistic, monumental, architectural heritage,
archaeological and scientific;
b) Cultural equipments, including museums, libraries, archives and others
spaces of cultural or artistic fruition;
c) The support and diffusion of theatrical creation and production, musical, audiovisual,
literary and dance, as well as other types of intellectual and artistic creation;
d) The folklore;
e) The spectacles and public amusements in the Region, including bullfighting and
tauromadic traditions in their various manifestations;
f) The cultural mecenact;
g) the media, including the financial support scheme;
h) The regulation of the exercise of the activity of the media organs.
53
Article 63.
Research and technological innovation
1. Compete the Legislative Assembly to legislate in matters of research and innovation
technological.
2. The subjects of research and technological innovation cover, specifically:
a) The centres of research and technological innovation, including their
organization, coordination, operation, and support and accreditation schemes;
b) The support for scientific and technological research;
c) the training of researchers;
d) The diffusion of scientific knowledge and technologies.
Article 64.
Sport
1. Compete to the Legislative Assembly legislating in the matter of sport.
2. The sports matter covers, specifically:
a) The regional sports system and the sports information system,
including organisation, administration, planning, financing and
surveillance;
b) Professional and non-professional sporting activity, including the
sports exchange, school sport, sport of high competition and
sports volunteering;
c) the infrastructure, facilities and sports equipment;
d) Human resources in sport;
e) the sports mecenact;
f) The sports associative movement and sports societies.
Article 65.
Public safety and civil protection
1. Compete to the Legislative Assembly legislating in matters of order and security
public and civil protection.
2. The matters of order and public safety and of civil protection cover,
specifically:
54
a) The maintenance of public order and the security of public spaces,
including the administrative police;
b) The legal regime of the licensing of armeiro;
c) Civil protection, firefighters, paramedics and medical emergency;
d) Meteorological, oceanographic, seismological and meteorological monitoring and surveillance
volcanological, as well as the mitigation of geological risks;
e) The assistance and surveillance on beaches and bathing areas and coastal relief.
Article 66.
Other subjects
1. Compete still to the Legislative Assembly legislate in the following subjects:
a) The symbols of the Region;
b) regional protocol and mourning;
c) The regional holidays;
d) The creation and status of regional sectoral providers;
e) The foundations of private law;
f) The institution of supplementary remuneration to employees, agents and
too many workers of the autonomous regional administration;
g) gender policies and the promotion of equality of opportunity;
h) The special regimes of unlawful acts of mere social ordering and of the
respective process;
i) The special rural and urban tenancy schemes;
j) The incentive and incentive systems of incentives in the cases of
structuring investments or strategic value for the economy;
l) The relevant foreign investment;
m) the regime of public-private partnerships in which it intervenes the Region;
n) The statistic;
(o) marketing and advertising;
p) Road prevention and safety.
2. The Legislative Assembly also competes legislating, for the regional territory and in
concretization of the principle of subsidiarity, in other matters not reserved to the
organs of sovereignty.
55
Article 68.
Dissolution of the Assembly
1. The Legislative Assembly may be dissolved by the President of the Republic, ears
the Council of State and the parties represented therein.
2. Dissolution may occur, specifically, by:
a) Impossibility of formation of Regional Government, in particular by
occur for twice some of the situations provided for in points (e), f) and g)
of Article 85 or in the terms of paragraph 3 of the same article;
b) Grave politico-constitutional instability.
3. The Legislative Assembly shall not be dissolved in the six months after its
election or for the duration of the state of site or the state of emergency in
territory of the Region.
4. The failure to comply with the provisions of the preceding paragraph determines the legal non-existence of the
decree of dissolution.
5. The dissolution of the Legislative Assembly is without prejudice to the livelihood of the mandate of the
Deputies, nor of the competence of the Standing Committee, until the first meeting of the
Assembly after the subsequent elections.
6. In the event of dissolution of the Legislative Assembly, the elections take place on time
maximum of 60 days, under penalty of legal non-existence of that act.
7. Elected Legislative Assembly after dissolution starts new legislature and new
legislative session whose respective duration is initially increased from time
required to complete the period corresponding to the current legislative session
at the date of the election.
Article 94.
Count of time
The time of exercise of any political office in the governing bodies of the
Region adds to the exercised as a political office holder in the organs of sovereignty.
Article 95.
Record of interests
1. A public register of interests is created in the Legislative Assembly, to be regulated
by regional legislative decree.
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2. The registration of interests consists of the inscription, in a document of its own, of all the
activities of political officeholders likely to be relevant in respect of
incompatibility or impediment.
3. The registration is public and it may be consulted by those who request it.
Article 98.
Deputies not permanently allocated
1. Deputies may choose not to be permanently allocated to the Assembly
Legislative.
2. In the case provided for in the preceding paragraph, the Deputy shall be obligatorily
affection to the Legislative Assembly only in the periods of operation of the Plenary
or during the performance of official works or missions so that it has been
specially elected or designated.
3. Deputies not permanently allocated to the Legislative Assembly are entitled to
dispensation of all professional, public or private activities:
a) During the effective operation of the Plenary of the Assembly, the Bureau and the
commissions or deputations to which they belong;
b) During the five days preceding the Plenary of the Assembly or its
departure for the same and for equal period of time following the end of the
Plenary or on your return, in your constituency;
c) Up to five days a month, followed or interpolated, in your constituency;
d) During the displacement to your residence at the end of each week of work
of the Assembly, either in Plenary or in commissions;
e) During the displacement between his residence and the circle why he was elected,
case these do not coincide and the Deputy resides in the Region, up to five times per
legislative session;
f) During the displacement between your residence and the islands of the Region,
in particular for the purposes set out in Article 31 (2), once by
year.
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Article 99.
Displacements
In the offsets carried out in the performance of their duties or because of them, the
Deputies are entitled to the corresponding transport, life insurance and assistance
emergency medical.
Article 100.
Incompatibilities
1. Are inconsistent with the exercise of the term of office of the Deputy to the Assembly
Legislative the following posts or functions:
a) President of the Republic, Deputy to the Assembly of the Republic and member of the
Government of the Republic;
b) Representative of the Republic and member of the Regional Government;
c) Member of the Constitutional Court, of the Supreme Court of Justice, of the
Supreme Administrative Court, the Court of Auditors and the Council
Superior of the Magistrature and the Ombudsman;
(d) Member of the European Parliament;
e) Ambassador;
f) Governor and vice-governor civil;
g) President and full-time councillor or in half-time regime of
city chamber;
h) Employee of the State, Region or other public entity;
(i) Member of the National Election Commission;
j) Member of Staff of the Government of the Republic, of the Representative of the
Republic or of the Regional Government or legally equated;
(l) Employee of international organization or foreign State;
m) President and Deputy Chairman of the Economic and Social Council and the Council
Economic and Social of the Azores;
n) Regional sectoral providers;
o) Member of the governing body or administration of regulatory body
independent, public company or public institute.
2. The provisions of paragraph (h) of the preceding paragraph shall not cover the free exercise of
lecturers in higher education, research activity or relevant
58
social interest, if previously authorized by the relevant parliamentary committee
on incompatibilities and impediments.
Article 101.
Impediments
1. The Deputy to the Legislative Assembly may engage in other activities, within the
limits of this Statute and the law, and shall communicate its nature and
identification to the Constitutional Court and the relevant parliamentary committee in
matter of incompatibilities and impediments.
2. Without prejudice to the provisions of special law, it is impeditive to the exercise of the mandate of
Member of the Legislative Assembly:
a) Participation in organ with steering functions or administration of
dealerships that have activity in the Region;
b) Presidency of the executive body of association or private foundation that has
financial cooperation agreement of a lasting nature with the State, the
Region, the authorities or the remaining public entities.
3. Without prejudice to the provisions of special law, it shall also be vetted to the Members:
a) Participate in the exercise of trade or industry activity, directly,
per se, or indirectly, specifically by the spouse not separated from
persons and goods or through an entity in which it detains relevant participation
or dominant influence, in mandatory open procedures, in the
terms of the law, to various competitors or candidates, in the framework of training
of public contracts whose object covers benefits that are or are
liable to be subjected to market competition and whose entity
contracting is the Region, the local authorities of the Azores or any
integrated entity in its indirect administrations;
(b) to exercise judicial mandate as an author on cable shares, at any venue,
against the Region;
c) Sponsoring Foreign States;
(d) to benefit, staff and improperly, from acts or taking part in contracts
in whose formation process intervene organs or services placed
under its direct influence;
(e) to appear or participate in any form in acts of commercial advertising.
59
4. The Deputy lacks the authorization of the Legislative Assembly, under penalty of
impediment, through the competent parliamentary committee, to:
a) Be a referee, sworn, expert or witness;
b) To be a holder of government appointment.
5. The authorisation referred to in point (a) of the previous number must be requested by the
competent judge or by the instructor of the proceedings, in a document addressed to the President
of the Legislative Assembly, the deliberation being preceded by hearing of the Deputy.
6. The exercise of the function of expert or arbitrator shall not be allowed to be
remunerated in any process in which they are part of the Region, the local authorities
of the Azores or any integrated entity in their indirect administrations.
7. The infringement of the provisions of paragraphs 1, 2 and 3 and 4 of this Article shall determine, for the
Deputy concerned, without prejudice to its accountability to other securities:
(a) Warning;
b) Suspension of the mandate while it lasts the impediment, per period never
less than 50 days;
c) Mandatory reposition of the entire remuneration that the holder auffers for
exercise of public functions, from the moment and as long as the
situation of hindrance.
Article 102.
Control of impediments and incompatibilities
Verified any impediment or incompatibility by the parliamentary committee
competent in the grounds of the matter and approved the respective opinion by the Plenary, the
Deputy is notified to, within 30 days, put an end to such a situation.
Article 104.
Limitation of mandates of the President of the Regional Government
1. The President of the Regional Government can only be appointed for three terms
consecutive.
2. The President of the Regional Government, after having completed the mandates referred to in the
previous number, cannot take on new mandate during the quadriennium
immediately subsequent to the last consecutive term allowed.
60
3. In the case of application for resignation, in the course of its third term
consecutive, the President of the Regional Government may not be named in the sequence
of the immediate elections or those to be held in the quadriennium immediately
subsequent to the resignation.
Article 105.
General principles
The relations between the Region and other public legal persons are governed by the
principles of cooperation, sharing of information and transparency, loyalty
institutional, national solidarity, subsidiarity and decentralization.
Article 106.
Instruments of cooperation with the Republic
The Region and the Republic, within the framework of their respective assignments, may conclude agreements
and to resort to any other means of cooperation appropriate to the pursuit of their
common goals.
Article 107.
Cooperation agreements
1. The Region and the State, represented by the Regional Government and the Government of the
Republic, respectively, may conclude legally binding agreements
on matters of common interest with the objectives, of a sectoral or general scope,
of establishment of mixed composition bodies, public or private companies of capital
mixed, pursuing plans, programmes or joint projects, or still from
management or operation of services corresponding to their assignments.
2. Agreements that entail the pursuit, by the Region, of State assignments are
accompanied by the transfer to the Region of sufficient financial means.
3. After its conclusion, agreements involving changes in the allocation of
assignments and competences between Region and the State shall be approved by law or,
in matters not covered by the absolute reserve of competence of the Assembly of the
Republic, by decree-law.
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Article 108.
Participation in organs of the Republic
The Region participates in the determination, conduct and implementation of the general policies of the
State on matters that concern you through the competent bodies, according to
with the one set out in this Statute and in the law.
Article 109.
Delegation of powers of the Government of the Republic in the Regional Government
1. In matters whose regulatory competence is reserved to the Government of the
Republic, pursuant to the Constitution, may this delegate, by resolution of the
Council of Ministers, the competence for the exercise of the administrative function,
in full or in part, in the Regional Government.
2. The competence for the exercise of the administrative function, for the purposes of the number
previous, encompasses the issuance of regulations, the practice of administrative acts and the
conclusion of administrative contracts, as well as the joint exercise of
competencies.
3. The Government of the Republic may also delegate to the Regional Government powers of
coordination of state services in the Region with regional services.
4. The delegation of powers provided for in paragraph 1 of this Article shall not become extinguished by the
change of the holders of the Government of the Republic or the Regional Government.
5. To the act of delegation of powers of the Government of the Republic in the Regional Government
complies with the provisions of the Administrative Procedure Code, with due
adaptations.
Article 110.
Relations with local and regional entities
The Region, through the Regional Government, may establish special relations of
coordination, collaboration or cooperation, including through the celebration of
agreements, with other public entities, namely the Autonomous Region of the
Wood, the administrative regions and too many local authorities or their associations,
applying for the envisaged scheme for the conclusion of cooperation agreements with the
State, with due adaptations.
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Article 111.
Hearing by the President of the Republic on the exercise of political skills
1. The Legislative Assembly shall be heard by the President of the Republic before the
appointment or exoneration of the Representative of the Republic in the Region.
2. The Legislative Assembly, the President of the Regional Government and the groups and
congressional representations of the Legislative Assembly should be heard by the
President of the Republic prior to the dissolution of the Legislative Assembly and the
marking the date for the holding of regional or regional referendum elections.
3. The President of the Legislative Assembly and the President of the Regional Government shall
be heard by the President of the Republic prior to the declaration of the state of site or of
emergency in the territory of the Region.
Article 112.
Hearing by the Assembly of the Republic and the Government on the exercise of
political skills
The Assembly of the Republic and the Government shall listen to the Region, through the Government
Regional, on the exercise of their assignments and political skills, as well as
when they participate, within the framework of the Community institutions, in the exercise of
political skills, on matters that relate to the Region.
Article 113.
Hearing on the exercise of legislative skills
1. The passage of laws and decrees-laws applicable in the regional territory shall be
preceded by hearing of the Legislative Assembly on the issues of which to tell you
respect.
2. In addition to the matters of the Assembly's own legislative competence
Legislatively, they consider matters that concern the Region, namely:
a) the policies relating to inland waters, the territorial sea, the area
contiguous, to the exclusive economic zone and to the contiguous continental shelf
to the archipelago;
b) The fiscal, monetary, financial and exchange rate policies, so as to ensure the
regional control of the means of payment in circulation and the financing
of the investments necessary for its economic development-social;
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c) The regime of the regional referendum;
d) The regional finance regime;
e) The status of local authorities of the Azores and their funding;
f) General regime of the drafting and organization of the regional budget;
g) Definition and regime of regional and domain public domain goods
state public situated in the regional territory;
h) The judicial organization in the regional territory;
i) Public security and the organization of the security forces in the territory
regional;
j) the planning and regulation of spatial planning and urbanism, in the
which concerns the regional territory;
l) Regional regime of the means of integrated production in the cooperative sector and
property social.
3. Taking into account its legislative competence of development, the Region, through
of the Legislative Assembly, must also be heard by the Assembly of the Republic
when this exercise its legislative competence over:
a) Bases of the education system;
b) Bases of the social security system and the national health service;
c) Bases of the system of protection of nature and ecological balance;
d) Bases of cultural heritage;
e) Bases of agricultural policy;
f) Bases of the regime and scope of public function;
g) General rules of the scheme of public companies and public foundations;
h) Bases of spatial planning and urbanism.
Article 114.
Hearing on the exercise of administrative skills
The Government of the Republic shall listen to the Region, through the Regional Government, on the
exercise of administrative skills, as well as when I participate, in the framework of
community institutions, in the exercise of administrative skills, on subjects
that concern the Region.
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Article 115.
Form and term of the hearing
1. The organs of self-government pronounces themselves through the issuance of opinion
reasoned.
2. In situations of manifest urgency declared by the body of sovereignty or when such
if justifying, particularly in relation to unipersonal organs, the hearing may be
made by oral form.
3. The organs of sovereignty may determine the secretive character of the hearing when the
nature of the situation or matter the justifying or when it is in cause of defence
national.
4. The deadline for pronunciation shall be reasonable and shall be fixed by the body of sovereignty, not
may be less than 15 days for the Regional Government and 20 days for the
Legislative Assembly.
5. The time limits provided for in the preceding paragraph may be extended, when the
complexity of the matter justifies it, or shortened, in situations of manifest
duly substantiated urgency, declared by the body of sovereignty, not
it may, save the provisions of paragraph 2, be less than 5 days.
6. The governing bodies of their own may ask for an extension of the period granted
by the organ of sovereignty to speak out, through reasoned decision-making.
7. Other forms of hearing of the organs of self-government may be agreed upon
the activity of the organs of sovereignty that concerns the Region, as well as the
terms of their collaboration in that activity.
Article 116.
Qualified hearing
1. The Assembly of the Republic and the Government shall adopt the procedure of hearing
qualified, in the following cases:
a) Legislative initiatives likely to be non-compliant with any
standard of this Statute;
b) Legislative or regulatory initiatives that aim at suspension, reduction or
suppression of rights, attributions or regional competences, pursuant to the
n Article 14 (3);
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c) Legislative initiatives aimed at the transfer of assignments or
competencies of the state administration for local authorities of the
Azores, in accordance with Article 132.
2. The qualified hearing procedure starts with the sending to the organ of
own competent government of the proposal or draft act accompanied by a
special and sufficient statement of reasons for the proposed solution, in the light of the principles of
primacy of the Statute, the acquired autonomic and the subsidiarity.
3. Within the time limit indicated by the body of sovereignty concerned, which may never be lower than
15 days, the competent governing body shall issue reasoned opinion.
4. In the event of the opinion being unfavourable or non-acceptance of the proposed amendments
by the body of sovereignty concerned, shall constitute a bilateral commission, with
an equal number of representatives of the organ of sovereignty and the governing body
own, to formulate, by common agreement, an alternative proposal, within 30
days, unless otherwise agreed.
5. Decorating the period provided for in the preceding paragraph, the body of sovereignty decides
freely.
Article 117.
Pronunciation of own governing bodies
1. The governing bodies of their own may still, on their initiative, pronounce themselves on
matters of the competence of the organs of sovereignty which concern the Region,
through the issuance of reasoned opinion.
2. The organs of sovereignty shall take into account in their performance the pronunciations
issued by the governing bodies of their own in the terms of the previous number.
Article 118.
Participation of the Region in the foreign policy of the Republic
1. The Region, through the Regional Government, participates in the determination and driving of the
foreign policy of the Republic when they are in question matters that tell you
respect.
2. They shall be matters that concern the Region, for the purposes of the preceding paragraph,
particularly:
a) Those who focus on their assignments or competences;
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b) The policies relating to the territorial sea, the exclusive economic zone and the
continental shelf;
c) The fiscal, monetary, financial and exchange rate policies, so as to ensure the
regional control of the means of payment in circulation and the financing
of the investments necessary for its economic development-social;
d) The condition of the outermost region and the insularity;
e) the use of military bases in the regional territory;
f) Public security in the regional territory;
g) the agricultural and fishing policy, when incited over the territory of the Region;
h) The regulation of protected designations of origin, geographical indications
protected or other systems for protection and enhancement of products and
brands of the Region;
i) Environmental policy, resource management and protection of fauna and flora
of the Region;
j) International trade, when incited over products of production
regional;
l) The investments in the Region;
m) The cultural heritage located in the Region;
3. Within the scope of the right of participation referred to in paragraph 1 of this Article, the Region
has the right to:
a) Rewant to the Republic the celebration or accession to treaties or agreements
international who are afflicted appropriate to the pursuit of the objectives
fundamental of the Region;
b) To be informed, by the Republic, of the negotiation of treaties or agreements;
c) Participate, integrated in the Portuguese delegation, in the negotiation of treaties or
international agreements and in other international negotiations or summits;
d) Participate in the Portuguese representations to organizations
international;
(e) Addressing the organs of sovereignty, through the Legislative Assembly or the
Regional Government, the observations and proposals that understand pertinent in the
scope of the previous paragraphs of this paragraph.
4. Within the framework of its tasks and powers of its own, the Region shall perform, in the
its territory, the treaties and international agreements, as well as the decisions
binding of international organizations.
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Article 119.
Participation in European construction
1. The Region shall be entitled to participate in the processes of forming the will of the State
portuguese in the framework of European construction when they are in question subjects that
concern you, pursuant to paragraph 2 of the previous article.
2. For the purposes of the preceding paragraph, the Region shall have the right to:
a) Integrate the delegations of the Portuguese state for negotiations in the framework of
revision of the right originating in the Union, the approval of new treaties, or
of the decision-making process;
b) Participate in the Committee of the Regions, through the President of the Government
Regional or of whom he is appointed, as well as in other bodies of the
Union;
c) To be consulted, through the Legislative Assembly, on the initiatives
normative of the Union, in the context of the verification procedure of the
compliance with the principle of subsidiarity, when these affect their
assignments and competences or their outermost condition;
d) To be informed, by the organs of sovereignty, of the initiatives or proposals that
these present before European institutions, or of the procedures in
that are directly involved;
e) Establish collaborative relations, through the Legislative Assembly, with
the European Parliament;
f) Propose of legal actions in the European instances, to the extent of their
legitimacy or require the Republic to appeal to the jurisdictional means
appropriate with the community courts for the defence of their rights.
3. When questions are concerned that relate exclusively to the Region, the
State should assure him of a preponderant position in the respective negotiations.
Article 120.
External cooperation of the Region
1. The Region, through the Regional Government and under the guidance and supervision of the
Legislative Assembly, exercises its action within the framework of foreign policy and the
foreign affairs, in defence and promotion of the interests incumbent upon them
constitutional and statutorily proceed.
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2. The Region coordinates its international performance with the guidelines set by the
organs of sovereignty with competence in foreign policy matters.
3. The State's external representation services provide the Region with all aid
necessary for the pursuit of its foreign cooperation policy.
Article 121.
External relations with other entities
1. Within the framework of its external relations with other entities, it competes in the Region, in
special:
(a) Boosting the development of cultural, economic and social ties with
territories where they reside communities of Portuguese emigrants
coming from the Region and their descendants or from where they provence
communities of immigrants who reside in the Region;
b) Developing privileged relationships with entities from the countries with language
Portuguese officer, notably through participation in projects and
cooperation actions within the framework of the Community of Countries of Language
Portuguese;
c) Establish cooperative relations and collaboration with entities of states
Europeans, in particular, of Member States of the European Union,
particularly at the level of the provision and exploitation of public services;
d) Developing partnerships with other outermost regions, notably in the
scope of European territorial cooperation programs and deepen the
cooperation in the framework of Macaronesia;
e) Participate in international organizations that have the object to foster
the inter-regional dialogue and cooperation.
2. Within the scope of the preceding paragraph, the Region may, through the Regional Government,
establish or access cooperation agreements with entities from other states.
Article 126.
Regional independent administrative entities
1. The Region may, in the context of its tasks and by means of legislative decree
regional, create regional independent administrative entities, whenever the
nature of the administrative activity in question justifies it.
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2. Regional independent administrative entities may assume functions of
regulation, surveillance and supervision.
3. Regional independent administrative entities are legal persons of
public law and dispose of budgetary and financial autonomy.
4. Its specific scope of acting, composition, organization and operation are
regulated by regional legislative decree.
Article 127.
Regional sectoral providers
1. The Region may create regional sectoral providers that, respecting assignments
of the Ombudsman and in coordination with this, receive complaints from citizens
by shares or omissions of organs or services of the autonomous regional administration,
of public or private bodies that it is dependent on, from private companies
in charge of the management of regional public services or carrying out activities of
general or universal interest in the regional scope.
2. Regional sectoral providers can drive the recommendations they understand
to the entities referred to in the preceding paragraph and to exercise the remaining competences which
come to them to be assigned by regional legislative decree.
3. Regional sectoral providers are elected by the Legislative Assembly and have a
status of independence.
4. The establishment of a regional sectoral provider does not involve any restriction on the
right of complaint to the Ombudsman or his / her competences.
Article 128.
Economic and Social Council of the Azores
1. The Economic and Social Council of the Azores is the independent collegial body of
advisory and monitoring character to the governing bodies of their own for
subjects of an economic, labour, social and environmental character, having the purpose of
foster the dialogue between political power and civil society.
2. The Economic and Social Council of the Azores participates in the elaboration of the plans of
economic and social development, exercises social concert functions and can
have a comment, at the request of the governing bodies of their own or on their initiative, on the
matters of its competence.
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3. The composition, skills, organization and operation of the Council
Economic and Social of the Azores are regulated by regional legislative decree,
ensuring the equitable participation of social, business, economic and social groups
professionals in the Region.
Article 129.
General principles of the State Administration in the Region
1. The State administration in the Region is organized in a way to combat the
negative consequences of the insularity and outermost region of the archipelago and has in
account for regional specificities.
2. The State ensures a balanced distribution of its services among the various
islands.
3. The Region may ask the State for the establishment of regional delegations within the framework of
your direct or indirect administration, when your nature or assignments
the justices.
Article 131.
Relations with local entities of the Azores
1. The Region has special relations of cooperation, coordination and collaboration with the
local authorities and their associations located in their territory.
2. The Region encourages the establishment of mechanisms for inter-city cooperation
on its territory.
Article 132.
Reservation of administrative competence of the Region
The transfer of assignments and competences of the State administration to the
local authorities in the Azores must take into account regional specificities, in the respect
by the principle of subsidiarity, and shall in any case be preceded by the
qualified hearing procedure of the Region.
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Article 134.
Reservation of legislative initiative
This Statute may only be reviewed at the initiative of the Legislative Assembly,
through the drafting and approval of a draft law to be sent to the Assembly of the
Republic.
Article 135.
Elaboration of the project
1. The initiative to open the review process of the Statute belongs to the Deputies.
2. The assumption of statutory review powers, the definition of the respective procedure
and the consequent opening of the procedure for the revision of the Statute is deliberated by the
absolute majority of the Deputies in effectivity of functions.
Article 136.
Assessment of the project by the Assembly of the Republic
1. The Assembly of the Republic, in appreciating the draft revision of the Statute, shall hear
the Legislative Assembly whenever it considers appropriate.
2. The Legislative Assembly designates a representative delegation of the parties that
in it have a seat to present the draft revision of the Statute to the Assembly of the
Republic, to which you may request to be heard by the President of the Assembly of
Republic, by the Commissions tasked with discussing the project, by the groups
parliamentarians or by the Deputies, at any time of the procedure
legislative in the Assembly of the Republic.
3. The Legislative Assembly may deliberate, by an absolute majority of the Deputies in
performance of duties, withdraw the draft revision of the Statute, by the end of the
voting in the specialty.
Article 137.
Amendment of the project by the Assembly of the Republic
1. If the Assembly of the Republic changes the draft revision of the Statute shall remetallerate
lo to the Legislative Assembly so that this will appreciate all the amendments made and
about them issue opinion.
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2. The powers of review of the Statute by the Assembly of the Republic are limited to the
statutory standards on which the initiative of the Legislative Assembly is incited.
Article 138.
New text of the Statute
The amendments to the Statute are inserted in the place of their own, upon substitutions, the
suppressions and the necessary additions, being the Statute, in its new text, published
jointly with the revision law. "
Article 5.
Changes of assignment of entities
1. The expression "Regional Legislative Assembly" constant Political Status-
Administrative of the Autonomous Region of the Azores constant of the Act No. 39/80, 5 of
August, with the amendments introduced by Law No. 9/87, of March 26, and by the Law
n ° 61/98 of August 27, is replaced by the expression "Legislative Assembly".
2. The expression "Minister of the Republic" constant Poly-Administrative Status of the
Autonomous Region of the Azores constant of Law No. 39/80 of August 5, with the
changes introduced by Law No. 9/87 of March 26 and by Law No. 61/98 of 27
of August, is replaced by the expression "Representative of the Republic".
Article 6.
Changes to the systematic organization of the Poly-Administrative Status of the
Autonomous Region of the Azores
1. Title I of the Critical Status-Administrative Region Autonomous Region of the Azores passes the
have as an epiggrafe "Autonomous Region of the Azores" and to cover Articles 1 to 9.
2. Title II of the Critical Status-Administrative Region Autonomous Region of the Azores passes the
have as an epitome "Fundamental Principles" and to cover Articles 10 to 15,
being suppressed to its division in chapters and sections.
3. Title III of the Critical Status-Administrative Region Autonomous Region of the Azores passes
to have as an epiggrafe "Economic and financial regime" and to cover Articles 16 to
23., the following changes are introduced:
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a) Your Chapter I becomes to have as an epiggrafe "General principles" and to cover
articles 16 and 17, being removed from their division in sections;
b) Your Chapter II becomes to have as the epiggrafe " Financial autonomy of the
Region " and to cover articles 18 to 20.
c) is added a Chapter III with the epitographer: " Autonomy patrimonial da
Region ", covering articles 21 to 23.
4. Title IV of the Critical Status-Administrative Region Autonomous Region of the Azores passes
to have as an epitographer "Organs of own government" and to cover articles 24 to 104,
the following changes being introduced:
a) Chapter I with the epiggrafe: "Legislative Assembly",
covering articles 24 to 74, which breaks down into:
i) Section I, which goes on to have as an epigraft: "Status and election",
covering articles 24 to 32;
(ii) Section II, which passes on as an epiggrafe: "Competence",
covering Articles 33 to 66, by sensing an addition to a subsection I,
with the epitographer: "Competence in general", covering articles 33.
a 47., and a subsection II, with the episting: " Matters of competence
own legislative ", covering articles 48 to 66;
iii) Section III, which is now added, with the epiggrafe: " Organisation and
operation ", covering Articles 67 to 74;
b) a Chapter II is added with the epitographer: "Regional Government", covering
articles 75 to 90, which is divided into:
i) Section I, which is now added, with the epiggrafe: " Function, structure,
training and responsibility ", covering articles 75 to 86;
(ii) Section II, which is now added, with the epitographers: "Competence",
covering articles 87 to 90;
c) is added a Chapter III with the epitographer: " Status of officeholders
politicians ", covering articles 91 to 104, which breaks down into:
i) Section I, which is now added, with the epiggrafe: " Provisions
common ", covering articles 91 to 95;
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ii) Section II, which is now added, with the epitographer: " Status of the
Deputies to the Legislative Assembly ", covering Articles 96 to
102.
iii) Section III, which is now added, with the epitographer: " Status of the
members of the Regional Government ", covering articles 103 and
104.
5. Title V of the Critical Status-Administrative Region Autonomous Region of the Azores passes the
have as an episting "Region Relation with other public legal persons" and the
cover articles 105 to 117, the following changes being introduced:
a) Your Chapter I becomes to have as an epitographer "Of the cooperation in general" and the
cover Articles 105 to 110;
b) Your chapter II passes to have as an epitographer " From the hearing of the organs of
self-government by the governing bodies of sovereignty " and to cover Articles 111 to
117.
d) The systematic division of Title V ceds to contain a Chapter III.
6. Title VI of the Critical Status-Administrative Region Autonomous Region of the Azores passes
to have as an epiggrafe "Of the international relations of the Region" and to cover articles
118 to 121, being suppressed to its division in chapters.
7. Adds a Title VII to the Critical-Administrative Status Region Autonomous Region of the
Azores with the epigraft: "Organisation of Public Administrations", which covers the
articles 122 to 133, containing:
a) A chapter I, with the epiggrafe: "Autonomous regional administration",
covering articles 122 to 124;
b) A Chapter II, with the epitographer: "Other regional bodies", covering the
articles 125 to 128;
c) A Chapter III with the epitographer: 'State Administration', covering the
articles 129 and 130;
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d) A Chapter VI with the epiggrafe: "Local Administration", covering the
articles 131 to 133.
8. A Title VIII is added to the Critical Status-Administrative Region Autonomous of the
Azores with the epistle: "Revision of Statute", covering Articles 134 to 138.
TITCHAPTER II
FINAL AND TRANSITIONAL PROVISIONS
Article 7.
Transitional arrangements of the public domain of the State in the Region
The term count referred to in Article 22 of the Poly-Administrative Status of the
Autonomous Region of the Azores, republished in annex, for the purposes of the transfer of the
goods from the public domain of the State to the heritage sphere of the Region by cessation of
effective and direct allocation of the good to non-regionalized public services of the State,
initiates with the entry into force of this Law.
Article 8.
Transitional arrangement of the limitation of mandates of the President of Regional Government
The President of the Regional Government, if he is serving the third consecutive term
at the time of the entry into force of this Law, it may be appointed to another
consecutive mandate.
Article 9.
Transitional arrangements for incompatibilities and impediments
The current regime concerning the incompatibilities and impediments of the holders of
political offices of the self-governing bodies of the Autonomous Region of the Azores
remains in force until the 1. day of the next legislature of the Legislative Assembly of the
Autonomous Region of the Azores.
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Article 10.
Other transitional provisions
1. As long as the regional referendum regulation law is not approved in the
Article 42 (4) of the Administrative-Administrative Status of the Autonomous Region of the
Azores, republished in annex applies, with due adaptations, the law of
Republic that reguls the national referendum.
2. As long as the regional legislative decree provided for in paragraph 7 of the article is not approved
45. of the Pollegitimate-Administrative Status of the Autonomous Region of the Azores,
republished in annex, applies, with due adaptations, the law of the Republic which
regulate the legislative initiative of citizens to the Assembly of the Republic, in the
terms of Article 167 of the Constitution.
3. As long as no regional legislative decree provided for in the paragraph is adopted c ) of paragraph 2
and in Article 125 (4) of the Administrative-Administrative Status of the Autonomous Region
of the Azores, republished in annex, the representative bodies of the islands are the
Island councils, keeping in place their legal regime.
Article 11.
Repeal
Article 2 (2), 8, 14, 15, 17, 19, 25, 25, 25, 25, 25, 25, 25
31., 38, 39, the n. the
1 and 3 of Article 41, Articles 45, 54, 57, 59, 59, paragraph 2 of the
Article 64, Article 67 (1), Articles 69, 70, 72, 73, 75, 76, 76, 76, 76
77, 78, 79, 81, 82, 84, 101, 103, 104, 105, 109., 109, 109, 109, 109, 109, 109, 109
111, 114 and 115 of the Critical-Administrative Status of the Autonomous Region of the
Azores.
Article 12.
Republication
The Politio-Administrative Status of the Autonomous Region of the Azores, with the wording
current, is republished in annex, which is an integral part of this Law.
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Article 13.
Start of term
The present draft law shall come into force on the day following that of its publication.
Approved by the Legislative Assembly of the Autonomous Region of the Azores, at the Horta, in
October 31, 2007.
The President of the Legislative Assembly
of the Autonomous Region of the Azores
Fernando Manuel Machado Menezes
POLITICO-ADMINISTRATIVE STATUS OF
THE AUTOMOUS REGION OF THE AZORES
Preamble
Recognizing the historical aspirations of the Açorian People that, there is more than
a century, started the fight for the conquest of the right to the free administration of the Azores
by the Açorians;
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Honoring the memory of the first autonomists who affirmed the açorian identity and
the unity of its People and honoring the ingenuous combat of all how many,
succeeding them in time, have maintained and keep alive the ideal autonomist;
Affirming heirs of those who have historically resisted isolation and
abandonment, the weathering and other cataclysms of Nature, the cycles of scarcity
material and to the most varied contravenes, thus forging a singular and proud
Portuguese to which they dared to nominate from Açorianity;
Sharing with the remaining Portuguese the victory and the establishment of Democracy that
enshrined the constitutional recognition of political and legislative Autonomy
Açoriana;
Proclaiming that Autonomy expresses the açorian identity, the free exercise of its
self-government and the promotion of the well-being of its People;
Exercising an exclusive constitutional prerogative, the Açorian People, through the
your legitimate representatives, proposed to the Assembly of the Republic the Political Status-
Administrative of the Autonomous Region of the Azores which, in compliance, approved it.
Title I
AUTONOMOUS REGION OF THE AZORES
Article 1.
Regional autonomy
1. The archipelago of the Azores constitutes an Autonomous Region of the Portuguese Republic,
endowed with legal personality of public law.
2. The political, legislative, administrative, financial and heritage autonomy of the Region
exercises in the framework of the Constitution and of this Statute.
Article 2.
Regional territory
1. The territory of the Autonomous Region covers the archipelago of the Azores, composed of the
islands of Santa Maria, St. Michael, Third, Gracious, St George, Pico, Faial, Flowers and
Crow, as well as your islanders.
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2. Constitutions still an integral part of the regional territory the inland waters, the sea
territorial and the contiguous continental shelf to the archipelago.
Article 3.
Fundamental objectives of autonomy
The Region continues, through the action of the governing bodies of its own, the following
objectives:
a) the free and democratic participation of citizens;
b) The strengthening of national unity and bonds of solidarity among all the
Portuguese;
c) The defence and promotion of the identity, values and interests of the people of the açorian and
of its historical heritage;
d) The economic and social development of the Region and the well-being and quality
of life of the populations, based on economic, social and territorial cohesion and
in the convergence with the remaining national territory and with the European Union;
e) the guarantee of the balanced development of all and each of the islands;
f) The mitigation of the unfavorable effects of the outermost location of the
Region, insularity and isolation;
g) The adaptation of the national tax system to the Region, according to the principles of
solidarity, equity and flexibility and the realization of a
own fiscal circumscription;
h) the efectivisation of the constitutionally enshrined fundamental rights;
i) The protection of the right to work, promoting the reconciliation between life
family and labour;
j) universal access, under conditions of equality and quality, to systems
educational, health and social protection;
l) The promotion of higher education, multipolar and appropriate to the needs of the
Region;
m) The defence and protection of the environment, of nature, of the territory, of the landscape and
of natural resources;
n) Its institutional recognition as an outermost region and the
consolidation of European integration;
o) The fostering and strengthening of economic, social and cultural ties with
the flogging communities residing outside the Region.
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Article 4.
Symbols of the Region
1. The Region has flag, coat of arms, seal and own anthem, approved by the
Legislative Assembly.
2. To the symbols of the Region are due respect and consideration by all.
3. The flag and the anthem of the Region shall be used jointly with the correspondents
national symbols and with the safeguarding of the precedence and the highlight that these are
due.
4. The flag of the Region is hoisted on the premises dependent on the organs of
sovereignty in the Region and of the organs of own government or entities by them
tuteladas, as well as in the local authorities of the Azores.
5. The use of the symbols of the Region shall be governed by regional legislative decree.
Article 5.
Own governing bodies
1. Are the governing bodies of the Region to the Legislative Assembly and the Government
Regional.
2. The Region's own governing bodies settled in the will of the açorian people,
democratically expressed, and participate in the exercise of the political power of the
Republic.
Article 6.
Representation of the Region
1. The Region shall be represented by the President of the Legislative Assembly.
2. The Region is still represented by the President of the Regional Government or by whom
it shall be by it indicated, in the cases provided for in the Constitution and in the laws and arising
of the exercise of own competences of the Regional Government.
Article 7.
Rights of the Region
1. Are rights of the Region, in addition to those listed in Article 227 (1) of the
Constitution:
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a) The right to political autonomy, legislative, financial administrative and
patrimonial;
b) The right to fair compensation and positive discrimination with a view to the
mitigation of the costs of insularity and the outermost character of the Region;
c) The right to cooperation of the State and too many public entities in the
pursuit of its tasks, notably through the celebration of
cooperation agreements;
d) The right to information that the State or other public entities
have related to the Region;
e) the right to the regional public and private domain;
f) The right to a judicial organisation that takes into account the
specificities of the Region;
g) The right to be always heard by the organs of sovereignty and to pronounce
on their own initiative, concerning the questions of the competence of these that
concern the Region;
h) The right to have a significant stake in the benefits arising from
treaties or international agreements relating to the Region;
i) The right to an own policy of external relations with entities
foreign regional, particularly in the framework of the European Union and the
deepening of cooperation in the framework of Macaronesia;
j) The right to establish agreements with foreign regional entities and the
participate in international dialogue and cooperation organizations inter-
regional;
l) The right to a public administration with own frames set by the
Region, as well as ensuring the mobility of workers among the
various public administrations;
m) The right to the recognition of administrative complexity arising from the
its archipelagic character at the level of the autonomous regional administration and the
organization of state services in the Region;
n) The right to create independent administrative entities;
o) The right to create regional sectoral providers;
p) The right to the recognition of the specific reality of island in the organization
municipal;
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q) The right of access to the Constitutional Court for the defence of their rights
recognized by the Constitution and the present Statute.
2. The Region shall have a right of participation, when they are concerned with matters that
concern:
a) In the definition, conduct and implementation of the general policy of the State, including the
negotiation and conclusion of treaties and international agreements;
b) In the processes of formation of the will of the State within the framework of construction
European.
3. They are also rights of the Region the remaining elenced in this Statute.
Article 8.
Rights of the Region on the Portuguese maritime areas
1. The Region shall have the right to exercise jointly with the State powers of management
on inland waters and the territorial sea that belong to the regional territory and which
are compatible with the integration of the goods in issue in the maritime public domain
of the State.
2. The Region shall be the competent entity for licensing, in the context of use
deprivation of goods from the maritime public domain of the State, of the activities of
extraction of inert, fishing and production of renewable energy.
3. The remaining powers recognized to the Portuguese State on the maritime areas under
sovereignty or national jurisdiction adjacent to the Azores archipelago, on the terms
of the law and international law, are exercised in the framework of a shared management
with the Region, save when it is in question the integrity and sovereignty of the State.
4. The goods belonging to the underwater cultural heritage situated in the waters
interiors and in the territorial sea that belong to the regional territory and do not have
owner known or who have not been recovered by the owner within
of the period of five years from the date on which you lost them, abandoned or of them if
separated in any way, are the property of the Region.
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Article 9.
Right to petition the governing bodies of their own
1. All Portuguese citizens may, individually or collectively, exercise the
right of petition, addressed to the bodies of the Region's own governing bodies, for defence of the
your rights, of the Constitution, of this Statute, of the other laws or of the interest
general, upon the submission of petitions, representations, complaints or complaints.
2. The exercise of the right of petition obliges the recipient entity to receive and examine
the petitions, representations, complaints or complaints, as well as to communicate the
decisions that are made.
3. The exercise of the right of petition is free and free of charge, and may not collect
signatures and the remaining acts necessary for their effectivation to be impeded or
impeded by any public or private entity, nor give way to the payment of
any taxes or fees.
4. The regulation of the exercise of the right of petition of citizens to the governing bodies
itself is established by regional legislative decree.
Title II
FUNDAMENTAL PRINCIPLES
Article 10.
Principle of subsidiarity
The Region assumes the functions that it can pursue more efficiently and more
suitable than the State.
Article 11.
Principle of cooperation between the Republic and the Region
The Republic and the Region shall mutually cooperate in the pursuit of their respective
attributions.
Article 12.
Principle of national solidarity
1. The Region is entitled to be compensated financially for the costs of the
inequalities derived from insularity, specifically in relation to
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communications, transport, education, culture, social security and health, encouraging
the progressive insertion of the Region into wider economic spaces, of dimension
national and international.
2. Constituting obligation of the State to ensure the charges for the guarantee of the effective
universality of social benefits when it is not possible to secure them in the
Region.
Article 13.
Principle of territorial continuity and remoteness
1. The organs of sovereignty and the organs of government of the Region, in the exercise of the
respective assignments and competences, shall promote the elimination of the
structural, social and economic inequalities between Portuguese, caused by the
insularity and the remoteness of the Region and of each and every one of the islands in
relation to the centers of power.
2. The outermost condition of the Azores archipelago in relation to the territories
national and community, characterized by insularity, by the reduced size and
relief of islands, climate and economic dependence in relation to a small
number of products, shall constitute a determining factor in the definition and driving
of the internal and foreign policy of the State.
Article 14.
Principle of the acquired autonomic
1. The process of regional autonomy is of gradual and progressive deepening.
2. The rights, attributions and competences of the Region, resulting from the transfer
operated by the legislation of the Republic or founded in regional legislation, they cannot
be the subject of suspension, reduction or suppression on the part of the sovereign organs.
3. Exceptionally, when ponderous reasons of public interest
constitutionally protected, duly substantiated, the require, the suspension,
reduction or suppression of rights, attributions and regional competencies should be, in
any case, preceded by the qualified hearing procedure of the Region.
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Article 15.
Principle of the preference of regional law
1. Regional legislative decrees prevail over the legislative acts of the
Republic, without prejudice to the reservation of legislative competence of the organs of
sovereignty.
2. In the absence of regional legislation, the legal standards of the Republic apply.
Title III
ECONOMIC AND FINANCIAL REGIME
CHAPTER I
General principles
Article 16.
Economic and social development policy of the Region
1. The orientation and definition of the economic and social development policy of the
Region takes into account the intrinsic characteristics of the archipelago.
2. The economic and social development plan and the regional budget frame
and promote the development of the Region.
3. In harmony with the principle of national solidarity, the State assures the Region
the financial means necessary for the realization of the constant investments of the plan
of regional economic and social development that exceed the capacity of
funding from it, according to the fund transfer program in the
Terms of the Finance Act of Autonomous Regions.
Article 17.
Financial and heritage autonomy of the Region
1. The financial and equity autonomy of the Region shall be exercised in the framework of the
Constitution, of this Statute and of the Finance Act of the Autonomous Regions.
2. Financial and equity autonomy aims to guarantee the organs of government of the
Region the means necessary for the pursuit of its assignments, as well as the
availability of the tools appropriate to the pursuit of the objectives of the
autonomy.
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CHAPTER II
Financial autonomy of the Region
Article 18.
Revenue from the Region
1. The Region has, for its expenditure, in accordance with the Constitution, the Statute and the
The Finance Act of the Autonomous Regions, of the tax revenue collected therein or
generated, from a share in the state's tax revenues, established from
agreement with the principle of national solidarity, as well as other revenue that
be assigned to you.
2. Constitutions, in particular, revenue of the Region:
a) the incomes of its heritage;
b) All taxes, fees, fines, fines and additional levied on your
territory, including stamp duty, customs duties and too much
impositions charged by customs, namely taxes and differentials
of prices on petrol and other oil derivatives;
c) Tax incidents on goods destined for the Region and liquidated
out of its territory, including the value added tax and the
tax on the sale of vehicles;
(d) Other taxes that should belong to you, pursuant to this Statute and
of the law, in particular as a function of the place of the occurrence of the operative fact of the
obligation of the tax;
e) the holdings mentioned in point (h) of Article 7 (1);
f) The proceeds of loans;
g) The financial support of the State to which the Region is entitled, in harmony with the
principle of national solidarity;
h) the product of the issuance of stamps and coins with numismatic interest;
i) The financial comholdings of the European Union;
j) The proceeds of privatization, reprivatization and sale of shareholdings
financial;
l) The inheritances and legacies left to the Region;
m) The other recipes that are assigned to it.
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3. The Region's revenue is allocated to its expenditure, according to the annual budget
approved by the Legislative Assembly.
4. The State shall ensure that the Region benefits from the support of the European Union funds,
taking into account the specificities of the archipelago.
Article 19.
Tax Power of the Region
1. The Region exerts its own tax power, under the law, and can adapt the system
national tax to regional specificities, in the terms of the Assembly's framework law
of the Republic.
2. The regional tax system is structured in such a way as to ensure the correction of the
inequalities derived from insularity and with a view to the fair allocation of wealth and
of the income and the realization of an economic development policy and
of greater social justice.
Article 20.
Legality of public expenditure
The assessment of the legality of public expenditure is made, in the Region, by a section
Regional of the Court of Auditors, with the powers and functions assigned by the law.
CHAPTER III
PATRIMONIAL AUTONOMY OF THE REGION
Article 21.
Regional public domain
1. The goods situated in the archipelago historically encompassed in the public domain of the
State or of the extinct autonomous districts integrate the public domain of the Region.
2. Belong, inter alia, to the regional public domain:
a) The lakes, ponds, riverbeds and other watercourses, with the respective berths
and margins and, well so, those that by law are recognized as
availables for production of electrical energy or for irrigation;
b) The ditches and irrigation canals opened by the Region and the dams of
public utility;
c) the mineral deposits;
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d) The hydromineral resources, including the mineral water springs
natural and the mineroindustrial waters;
e) the existing underground natural cavities in the subsoil, with the exception of
rocks, common lands and other materials customarily used in the
construction;
f) The geothermal resources;
g) The regional roads, expressways and highways with their accessories and
works of art;
h) the public distribution networks of energy;
i) The artificial harbours, the docks and the anchorages;
j) The airports and aerodromes of public interest;
l) The palaces, monuments, museums, libraries, archives and theatres;
m) Public rights on private classified or use real estate and
fruition on any private goods;
n) Administrative servings and restrictions of public utility on law
of ownership.
3. Except for the regional public domain the goods allocated to the public domain
military, to the maritime public domain, to the air public domain and, save when
classified as cultural heritage, the dominial goods allocated to public services
not regionalized.
Article 22.
Public domain of the State in the Region
The cessation of the effective and direct allocation of goods from the public domain of the State to
unregionalized public services and the maintenance of that situation for a period of time
three years determines your automatic transfer to the heritage sphere of the Region,
giving you still the right of possession over the same.
Article 23.
Regional private domain
1. Are goods from the regional private domain those which, being of the title of the Region,
are not encompassed in their public domain.
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2. The goods that belonged to the extinct autonomous districts and the goods located in
regional territory historically encompassed in the private domain of the State, with
exception of the affections to non-regionalized state services, they integrate the field
private from the Region.
3. Belong, inter alia, to the regional private domain:
a) The real estate of the Region and the rights to them inherent;
b) the tenancy rights of which the Region is a holder as a tenancy;
c) The values and securities representative of equities in the capital of companies
commercial or of bonds issued by these;
d) The futures or options contracts whose underlying asset is constituted
by holdings in commercial companies;
e) the intellectual property rights;
f) The rights of any nature deripping from the title of goods and
patrimonial rights;
g) the things and rights allocated to state services transferred to the Region;
h) The goods that are declared lost in favour of the State and to which law
special do not give specific target;
i) The abandoned goods and those which integrate heritages declared vacant for the
State, as long as one and others are located within the territorial limits of the
Region.
4. The misallocation of a parcel of the public domain of the State in the Region implies the
its automatic integration into the regional private domain, further conferring to the Region the
right of possession over the same.
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Title IV
OWN GOVERNING BODIES
CHAPTER I
LEGISLATIVE ASSEMBLY
SECTION I
Status and Election
Article 24.
Definition and headquarters
1. The Legislative Assembly is the representative body of the Region with powers
legislative and supervisory action of the regional governing action.
2. The Legislative Assembly has its headquarters in the city of the Horta, the island of Faial, and
delegations on the remaining islands.
Article 25.
Composition and mandates
The Legislative Assembly is composed of elected Deputies upon suffrage
universal, direct and secret, of harmony with the principle of proportional representation
and by constituencies, under the terms of the electoral law, for a four-year term .
Article 26.
Constituencies
1. Each island constitutes an electoral circle, designated by the respective name.
2. Each constituency of island elects two Deputies and still Deputies in number
proportional to that of the citizen voters in it.
3. Election law also provides for the existence of a regional circle of compensation,
strengthening the overall proportionality of the system.
4. Election law may further provide for the existence of a circle, comprising the
mentorians with double residency, in the territory of the Region and other parcels of the
territory Portuguese or abroad, which elects two Deputies.
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5. In the allocation of the mandates applies, within each circle, the system of
proportional representation and the method of the highest average Hondt, in the terms
defined by the electoral law.
Article 27.
Applications
1. Deputies are elected by lists presented by the political parties
competitors in each constituency, in isolation or in coalition, and may
lists to integrate unregistered citizens in the respective parties.
2. No one can be a candidate for more than one constituency, excepting the circle
regional compensation, or figure in more than one list.
Article 28.
Political representation
The Deputies are representatives of the whole Region and not just from the circle why they are
elected.
Article 29.
Exercise of the function of Deputy
1. Deputies freely exercise their mandate by sensing them with guaranteed conditions
appropriate to the effective exercise of their functions, specifically to the indispensable
contact with the electorate citizens and their regular information.
2. The lack of the Deputies to official acts or representations, because of meetings or
missions of the Assembly, is a justified reason for the postponement of these, without
any charge.
3. The Deputy shall not be able to invoke the grounds provided for in the preceding paragraph more than
one time in any official act or diligence.
4. All entities have, in the terms of the law, the duty to cooperate with the Deputies in the
exercise of its functions.
Article 30.
Powers of Deputies
1. Deputies have the power to:
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a) Present Forms of Critical-Administrative Status;
b) Present drafts of law concerning the election of Deputies to the
Legislative Assembly;
c) Present forbids that respect the legislative initiative of the
Legislative Assembly;
d) Present projects of regional legislative decree, of the Rules of the
Legislative Assembly and resolution;
e) Present regional referendum proposals;
f) Present motions of censorship;
g) Participate and intervene in parliamentary debates, pursuant to the Rules;
h) Rewant and obtain from the Regional Government or the organs of any entity
regional public the elements, information and official publications that
consider useful for the exercise of your mandate;
i) Formulate oral or written questions to the Regional Government, pursuant to the law
and of the Rules;
j) Suscite the holding of two debates in each legislative session on
regional policy matters, in the terms of the Rules;
l) Rewanting the constitution of parliamentary commissions of inquiry or of
possible commissions;
m) Rewant to the Constitutional Court the declaration of unconstitutionality
of any standard on the grounds of the violation of rights of the Region, the
declaration of illegality of any constant regional diploma standard
on the grounds of the violation of this Statute, or the declaration of
illegality of any constant standard of diploma emanating from the organs of
sovereignty on the grounds of violation of the rights of the consecrated Region
in this Statute;
(n) to exercise the remaining powers as consigned to law and the Rules.
2. The powers set out in paragraphs (f), j) and l) of the preceding paragraph shall only be
exercised by a minimum of five Deputies or by a parliamentary group.
3. The constant power of paragraph 1 (m) may only be exercised by one tenth of the
Deputies.
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Article 31.
Duties of Members
1. Constituts duties of the Deputies:
a) Participate in the parliamentary proceedings;
b) to appear at the plenary meetings and those of the committees to which they belong;
(c) Perform the posts of the Assembly and the duties for them to be elected
or assigned;
d) Participate in the votes;
(e) respect the dignity of the Assembly and of all those who have a seat;
f) to observe the order and discipline set out in the Rules;
g) To contribute to the effectiveness and prestige of the proceedings of the Assembly and, in
general, for the observance of the Constitution and the Statute.
2. Deputies must visit each of the islands in the Region at least once in a
each legislature.
Article 32.
Replacement, suspension, loss and resignation of the mandate
1. Deputies are entitled to their replacement and to require the suspension of their
mandate, under the terms of the implementing regime of the status of the holders of the organs of
own government.
2. Permit the mandate the Deputies who:
a) Come to incur some of the incapacities or incompatibilities
provided for in this Statute, without prejudice to the provisions of the schemes of
replacement and suspension of mandate;
b) Do not take a seat in the Legislative Assembly or exceed the number of
missing set out in the Rules;
c) Sign up for a diverse political party from that for which they were elected;
d) Be judicially convicted of a crime of responsibility in the exercise
of their function in such a penalty or for participation in racist organizations or
that perfils the fascist ideology.
3. Deputies may waive the mandate, upon written statement addressed to the
President of the Legislative Assembly.
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SECTION II
Competence
SUBSECTION I
Competence in general
Article 33.
Political competence of the Legislative Assembly
It competes with the Legislative Assembly:
a) Give possession to the Regional Government and approve the respective Programme;
b) Approve the economic and social development plan, discriminated against by
investment programs;
c) Approve the regional budget, broken down by expenditure and revenue,
including those of the regional autonomous services and funds and the programmes of
investment of each regional office;
d) Authorize the Regional Government to conduct loans and other operations of
credit other than debt fluctuating, establishing the respective
general conditions;
e) Establish the maximum limit of the avales to be granted by the Regional Government
in each year;
f) Voting motions for rejection of the Government Programme;
g) Voting motions of trust and censorship to the Regional Government;
h) Present proposals for regional referendum to the President of the Republic;
(i) Decide, on his or her initiative or under consultation of the organs of sovereignty,
on the questions of the competence of these ;
j) Participate in the definition of the positions of the Portuguese State, in the framework of the
process of European construction, in the subjects that are from your
political and legislative competence;
l) Participate in the establishment of cooperative ties with entities
foreign regional;
m) Approve agreements with regional or foreign local entities that versem
on subjects of their competence or on participation in organisations
that they have the object of fostering inter-regional dialogue and cooperation;
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n) Eleger the holders of organs or positions which by law or agreement, kayba
designate;
o) Participate in the meetings of the commissions of the Assembly of the Republic in which
whether to discuss regional legislative initiatives, through representatives of their own,
in the terms of the Rules of the Assembly of the Republic.
Article 34.
Participation and monitoring in the process of the construction of the European Union
It is incumbent upon the Legislative Assembly, in the exercise of powers of participation and
monitoring in the European construction process:
a) Set out the major intervention guidelines of the Region in the process of
European construction and follow up and appreciate the developed activity
in that area by the Regional Government;
b) Participate in the European construction process, upon representation in the
respective regional institutions and in the delegations involved in proceedings
of a Community decision, when they are in question subjects that are from their
political and legislative competence;
c) Promoting regional inter-parliamentary cooperation in the European Union;
d) to Fiscalize the application of structural funds in the Region and others
community programmes of a regional or national scope with
incidence in the Region;
e) Participate, in accordance with the law, in the setting of appropriations to be allocated to the authorities
places and corresponding to the allocation of public resources applied in
community programs specific to the Region;
(f) Appreciate semiannual report of the Regional Government on the participation of the
Region in the European Union.
Article 35.
Legislative initiative
1. Compete to the Legislative Assembly, in the exercise of its competence of initiative
legislative:
a) Elaborate the projects of Administrative-Administrative Status of the Region and of law
on the election of Members to the Legislative Assembly , well how to issue
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opinion on the respective rejection or introduction of amendments by the
Assembly of the Republic, in accordance with Article 226 of the Constitution ;
(b) to exercise legislative initiative, by the submission of proposals for law or
of amendment to the Assembly of the Republic.
2. In the exercise of the competence provided for in the preceding paragraph, the Legislative Assembly
may apply for the declaration of urgency of the respective processing and still its
scheduling.
Article 36.
Own legislative competence
1. Compete to the Legislative Assembly legislate, for the regional territory, in the subjects of the
own legislative competence of the Region and which are not reserved by the articles
161., 164, 165 or by Article 198 (2) of the Constitution to the organs of
sovereignty.
2. Are matters of the own legislative competence of the Region as referred to in subsection
II of the present section.
Article 37.
Supplementary legislative competence
1. Compete to the Legislative Assembly to develop, for the regional territory, the
principles or the general bases of the legal regimes contained in law or decree-law that
to them to be circumscribe, save when they are in question subjects whose regime is
fully reserved to the organs of sovereignty.
2. Regional legislative decrees approved under this Article shall
invoke expressly the laws or ordinances-laws whose principles or general bases
develop.
3. The competence enunciated in paragraph 1 is not limited to the subjects of competence
own legislative of the Region, set out in subsection II of the present section.
4. When laws or decrees-laws of bases focus on matters covered in the
own legislative competence of the Legislative Assembly, this may opt for
develop, for the regional territory, the principles or general bases of the schemes
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legal in them contained in the terms of this Article or, alternatively, exercise the
own legislative competence, in the terms of the previous article.
Article 38.
Delegated legislative competence
1. Compete to the Legislative Assembly legislate, upon permission of this, in the subjects
of the relative reserve of the Assembly of the Republic provided for in the second part of the
d), in points (e), (g), (h), (j), and (l), first part of (m), and (n), (r), u) and z) of the
n Article 165 (1) of the Constitution.
2. The proposals for a permit law must be accompanied by the preliminary draft of the
regional legislative decree to be authorized, applying to the corresponding laws of
authorization the provisions of the n. the
2 and 3 of Article 165 of the Constitution.
3. The authorizations referred to in the preceding paragraph shall lapse with the term of the legislature or
with the dissolution of the Assembly of the Republic or of the Legislative Assembly.
4. Regional legislative decrees approved under this Article shall
to expressly invoke the laws of authorization under which they were drawn up.
5. The Assembly of the Republic may submit the regional legislative decrees
approved under this Article to their assessment for the purpose of cessation of
effective, in accordance with Article 169 of the Constitution, and may not, however, change them.
6. The competence enunciated in paragraph 1 is not limited to the subjects of competence
own legislative of the Region, set out in subsection II of the present section.
Article 39.
Legislative competence of transposition of legal acts of the European Union
It is incumbent upon the Legislative Assembly to transact the legal acts of the European Union into the
territory of the Region, in the matters of own legislative competence.
Article 40.
Regulatory competence of the Legislative Assembly
1. It is the sole competence of the Legislative Assembly to regulate the laws and
decrees-laws emanating from the organs of sovereignty that do not reserve for the Government the
respective regulatory power.
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2. For the effects of the preceding paragraph, the organs of sovereignty can only reserve
to the Government the regulatory power of laws and decrees-laws that they have on
matters of the respective reserves of legislative competence, delimited by the
articles 161, 164, 165 or paragraph 2 of the 198 of the Constitution.
Article 41.
Other skills
1. Compete to the Legislative Assembly , in the exercise of supervisory functions:
a) Watch for compliance with the Constitution, the Statute and the laws and appreciate
the acts of the Government and the autonomous regional administration;
b) Approve the accounts of the Region relating to each economic year and appreciate
the implementation reports of the economic and social development plan
regional;
c) Request to the Constitutional Court the declaration of unconstitutionality
of any standard on the grounds of the violation of rights of the Region, the
declaration of illegality of any constant regional diploma standard
on the grounds of the violation of this Statute, or the declaration of
illegality of any constant standard of diploma emanating from the organs of
sovereignty on the grounds of violation of the rights of the consecrated Region
in this Statute.
2. Compete to the Legislative Assembly, in the exercise of follow-up functions:
a) Follow up the activity of the holders of organs or positions designated by the
Legislative Assembly;
b) Follow the tutelage of the Regional Government on the activity of the authorities
places of the Azores;
(c) to appreciate reports of the entities created pursuant to this Statute;
d) Proceed to the annual hearing of the Director of the Regional Centre for the Azores of the
radio and public television and of the responsible in the news agency Region
public.
3. Compete also to the Legislative Assembly to approve its Rules.
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Article 42.
Regional referendum
1. Compete to the Legislative Assembly to submit regional referendum proposals to the
President of the Republic.
2. The electoral college for the regional referendum consists of the set of citizens
census voters in the territory of the Region.
3. The regional referendum may have on the subject matters of relevant regional interest
that are of the legislative competence of the Legislative Assembly, except for
issues and acts of budgetary, tax or financial content.
4. The regulation of the regional referendum is established by law.
Article 43.
Form of acts
1. Revestin the form of regional legislative decree the acts provided for in points (b), (c),
(d) and (e) of Article 33, in Article 36 (1), Article 38 (1), para.
article 39 and in Article 40 (1).
2. Review the draft form the acts set out in paragraph 1 (a) of Article 35 and
of proposal the acts set out in paragraph 1 (b) of the same article.
3. Revestin the manner of resolution the remaining acts of the Legislative Assembly, including
those provided for in the second part of subparagraph (a) and (h) of Article 33 and paragraph 3 of the
article 40.
4. Revise the form of motion the acts provided for in Article 33 (f) and (g).
5. Acts provided for in paragraphs 1, 3 and 4 of this Article are published in the Journal of the
Republic and republished in the Official Journal of the Region .
Article 44.
Legislative initiative and regional referendum
1. The regional legislative and referendum initiative competes with the Members, the groups and
parliamentary representations, to the Regional Government and yet, in the terms and conditions
established in the following article, to groups of citizen voters.
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2. Deputies and parliamentary groups and representations may not present
projects or proposals to amend regional legislative decree or forbids
of regional referendum involving, in the current economic year, increase in
expenditure or decrease in the revenue of the Region provided for in the Budget.
3. The projects and proposals for regional legislative decree or regional referendum
definitely rejected cannot be renewed in the same legislative session.
4. The projects and proposals for regional legislative decree and regional referendum
not flown in the legislative session in which they have been presented do not lack the
be renewed in the following legislative sessions, save term of the legislature or
dissolution of the Assembly.
5. The proposals for regional legislative decree and referendum lapses with resignation
of the Regional Government.
6. Parliamentary commissions may submit replacement texts, without prejudice
of the projects and the proposals to which they relate.
7. The present article applies, with due adaptations, to the foreheads and
antepropositions of law.
Article 45.
Legislative initiative and citizens ' referendums
1. Citizens regularly enrolled in the electoral census in the territory of the
Region are holders of the right of legislative initiative, the right of participation in the
legislative procedure to which they give rise to and from the right of initiative referendums.
2. Citizens ' legislative initiative may have as subject to all matters included
in the legislative competence of the Legislative Assembly, with the exception of those revisiting
nature or have budgetary, tax or financial content.
3. Groups of citizen voters may not bring forward legislative initiatives that:
a) Violate the Constitution of the Portuguese Republic or the present Statute;
b) Do not contain a concrete definition of the sense of modifications to
introduce in the legislative order;
c) Envolve, in the current economic year, increase in expenditure or
decrease in revenue forecast in the Region Budget.
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4. The citizens ' referendums initiative may have the subject matter referred to in the
n Article 42 (3) and may not involve, in the current economic year, an increase
of the expenditure or a decrease in the revenue provided for in the Region Budget.
5. The exercise of the right of initiative is free and free of charge, and may not be impeded or
impeded, by any public or private entity, the collection of signatures and the
too much acts necessary for its effectivation, nor giving way to the payment of
any taxes or fees.
6. The right of legislative initiative of citizens is exercised through the presentation to the
Legislative Assembly of draft regional legislative decree, subscribed by a
minimum of 1500 citizen voters census on the territory of the Region, and the right to
Referendum initiative through the presentation of the referendum bulkhead,
subscribed by a minimum of 3000 citizen registered voters in the territory of the
Region.
7. The exercise of the right of legislative initiative and citizens ' referendums is defined
by regional legislative decree.
Article 46.
Discussion and voting
1. The discussion of projects and proposals for regional legislative decree and
anteprojects or antepropositions of law comprises a debate in generality and another
in specialty.
2. The vote comprises a vote in generality, a vote in the specialty
and a global final vote.
3. The draft Politio-Administrative and Law Regulations on the election of the
Deputies to the Legislative Assembly are approved by a two-thirds majority of the
Deputies in effectivity of duties.
4. They lack a majority of two-thirds of the Deputies present, as long as it exceeds the
absolute majority of the Deputies in effectivity of functions:
a) The approval of the Rules of the Legislative Assembly;
b) The election of the members of independent administrative entities
regional that it couber to designate;
c) The election of regional sectoral providers.
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5. Caress of an absolute majority of the Deputies in effectivity of duties:
a) the rejection of the Regional Government's programme;
b) the approval of motions of censorship;
c) the rejection of motions of trust;
d) The creation or extinction of local authorities;
e) The election of officeholders or bodies, in representation of the Region,
provided for in the law.
Article 47.
Signature of the Representative of the Republic
The decrees of the Legislative Assembly shall be sent to the Representative of the Republic
to be signed and published.
SUBSECTION II
Matters of own legislative competence
Article 48.
Political and administrative organization of the Region
1. Compete to the Legislative Assembly legislating on political organization and
administrative of the Region.
2. The subject matter of the political organization of the Region shall cover, in particular:
a) the concretization of the Statute and its regulations;
b) The Organic of the Legislative Assembly;
(c) the regime for drafting and organizing the Region's budget;
d) The regime of implementing the status of the holders of the governing bodies
own;
e) interregional cooperation of national, European or international scope;
f) The mode of designation of officeholders or bodies in representation of the
Region.
3. The subject matter of the administrative organization of the Region shall cover, in particular:
a) The organization of the direct and indirect autonomous regional administration,
including scope and regime of public administration workers
autonomous regional and too many agents of the Region;
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b) The legal regime of public institutes, including public foundations and
the autonomous regional funds, public companies and institutions
private individuals of public interest who carry out their exclusive functions or
predominantly in the Region;
c) the status of regional independent administrative entities;
d) the creation of the representative bodies of the islands;
e) The creation and extinction of local authorities, as well as modification of the
respective area, and elevation of populations to the category of villas or cities.
Article 49.
Own tax power and adaptation of the tax system
1. Compete to the Legislative Assembly legislate in matters of its tax power
own and the adaptation of the national tax system.
2. The subjects of the tax power of its own and the adaptation of the national tax system
cover, specifically:
a) The power to create and regulate taxes, defining the respective incidence, the
fee, settlement, collection, tax benefits and guarantees of the
taxpayers, pursuant to the Finance Act of the Autonomous Regions,
including the power to create and regulate improvement contributions to tax
increases in value of real estate arising from works and investments
regional public and to create and regulate other special contributions
to compensate for the largest regional expenditons arising from
degasting private activities or abusers of the public goods or the
regional environment;
b) The power to adapt national scope taxes to the specificities
regional, in the area of incidence, rate, tax benefits and guarantees of the
taxpayers, pursuant to the Finance Act of the Autonomous Regions;
c) The power to launch additional on the tax collection in force in the
Autonomous Region of the Azores;
(d) the power of, pursuant to the Finance Act of the Autonomous Regions,
lower the national rates of income and tax taxes
on value added, and excise taxes, according to
with the legislation in force;
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e) The power to determine the application, in the Autonomous Region of the Azores, of
reduced rates of the Tax on Collective Persons ' income
(IRC) defined in national legislation;
f) The power to grant deductions to the collection on commercial profits,
industrial and agricultural reinvested by the taxable persons;
g) The power to authorize the Regional Government to grant tax benefits
temporary and conditioned, relative to national scope taxes and
regional, in contractual arrangements, applicable to investment projects
significant, pursuant to the Finance Act of the Autonomous Regions.
Article 50.
Heritage autonomy
1. Compete to the Legislative Assembly to legislate in matters of own heritage and of
heritage autonomy.
2. Heritage and heritage matters of heritage cover,
specifically:
a) the private domain goods of the Region;
b) The special expropriation and requisition regimes, by public utility, of
goods located in the Region.
Article 51.
Agricultural policy
1. Compete to the Legislative Assembly legislate on agricultural policy.
2. The agricultural policy matter covers, specifically:
a) Agriculture, including organic agriculture, forestry, animal husbandry, well
as the agro-food sector;
b) The regional agricultural reserve;
c) the pastures, baldiums and forest reserves;
d) the rural emparcelment and the land structure of agricultural holdings;
e) animal and plant health;
f) Research, development and innovation in the agricultural sectors,
forest and agri-food, including genetic improvement and the use of
genetically modified organisms;
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g) The defence, promotion and support of regional products, including the
geographical denominations of origin and quality.
Article 52.
Fisheries, sea and marine resources
1. Compete to the Legislative Assembly to legislate in matters of fisheries, sea and resources
marine.
2. The subjects of fisheries, sea and marine resources cover, specifically:
a) The conditions for access to inland waters and territorial sea belonging to the
territory of the Region;
b) The piscading resources and other aquatic resources, including their
conservation, management and exploitation;
c) The fishing activity in inland waters and territorial sea belonging to the
territory of the Region or by vessels registered in the Region;
d) aquaculture and processing of fishery products in regional territory;
e) the fishing vessels that exert their activity in the inland waters
and territorial sea belonging to the territory of the Region or which are registered
in the Region;
f) lucid fishing;
g) the nautical recreation activities, including the scheme applicable to the
recreational browsers;
h) The crews;
i) The licensing regimes, within the scope of the custodiation of the goods of the
maritime public domain of the State, of the activities of extraction of inert
and of fishing.
Article 53.
Trade, industry and energy
1. Compete to the Legislative Assembly legislating in matters of trade, industry and
energy.
2. The subjects relating to trade, industry and energy cover, specifically:
a) the operation of regional markets and economic activity;
b) The supply regime;
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c) the promotion of competition;
d) The defence of consumers and the fostering of the quality of products
regional;
e) the alternative resolution of consumer-related disputes;
f) The privatizations and reprivatizations of public companies;
g) the modernization and competitiveness of private companies;
h) The markets, fairs and trade in general, including establishments
of catering and beverages, the large commercial surfaces, as well as the
respective calendars and times;
i) The handicraft;
j) Licensing and surveillance of industrial activity;
l) The facilities for production, distribution, storage and transport of
energy and regional production energy, including renewable energy and
energy efficiency.
Article 54.
Tourism
1. Compete to the Legislative Assembly legislate on tourism.
2. The subject of tourism covers, specifically:
a) the regime for the use of tourism resources;
b) Tourist training of human resources, including activities and
tourist professions, as well as the certification of schools and courses;
c) The legal regimes of tourism ventures and agencies and
travel and tourism operators, including the respective licensees,
classification and operation;
d) Tourist use of sites, sites or monuments of tourist interest
regional, including ranked marine areas with special interest to
the underwater tourism;
e) the maritime activities-tourism;
f) The tourist investment;
g) Regime of the declaration of tourist utility and interest for tourism;
h) The delimitation and concession of gambling zones of fortune or gambling, and the
their respective regime of operation, surveillance and sanctionatory framework;
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i) The regime of denominations of origin and quality of equipment,
activities and touristic products.
Article 55.
Infrastructure, transport and communications
1. Compete to the Legislative Assembly legislating in matters of infrastructure,
transport and communications.
2. Infrastructure, transport and communications subjects cover,
specifically:
a) social equipment;
(b) the scheme of employment and public works;
c) The concessions of public works and public services;
d) The civil construction;
e) the traffic and routes of movement, including the setting of the limits of
speed;
f) the ports, marinas and other civil port infrastructure;
g) The airports, aerodromes, heliports and other infrastructure
civil airports;
h) Land, sea and air transport;
i) Telecommunications;
j) the postal and goods distribution.
Article 56.
Environment and spatial planning
1. Compete to the Legislative Assembly to legislate in matters of environment and planning
of the territory.
2. The subjects of the environment and spatial planning cover, in particular:
a) The protection of the environment, promotion of ecological balance and defence of the
nature and natural resources, including surveillance and monitoring
of natural resources;
b) The protected and classified areas and the conservation areas and
protection, land and navies;
c) the regional ecological reserve;
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d) Natural resources, including habitats , biodiversity, fauna and flora,
geothermal, forest and geological resources;
e) the assessment of the environmental impact;
f) hunting and remaining kinetic exploration activities;
g) Water resources, including mineral and thermal waters, surface and
subterranean, canals and regadios;
h) the caption, treatment and distribution of water;
i) The collection, treatment and rejection of effluents;
j) the collection, management, treatment and valorisation of waste;
l) The control of soil and subsoil contamination;
m) The control of environmental quality;
n) the information, awareness and environmental education;
o) the environmental associativism;
p) The planning of the territory and instruments of territorial management;
q) urbanism, including the regime of urbanization and edification and use
of soils.
Article 57.
Solidarity and social security
1. Compete to the Legislative Assembly legislate in matters of solidarity and security
social.
2. The subjects of solidarity and social security cover, specifically:
a) the management and economic regime of social security;
b) Institution of regional complement of pension, reform and benefits
social;
c) The regulation of social services, social support and social solidarity;
d) The regime of cooperation between the regional administration and the institutions
individuals of social solidarity;
e) combating social exclusion and the promotion of equal opportunities and
of social inclusion;
f) The support for citizens with disabilities;
g) Social action, volunteering and the organisation of leisure time.
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Article 58.
Health
1. Compete to the Legislative Assembly legislate on health policy.
2. The matter corresponding to the health policy covers, specifically:
a) The regional health service, including its organisation, planning,
operation, financing and human resources;
b) Private health activity and its articulation with the regional service of
health;
c) public and community health;
d) preventive, curative and rehabilitation medicine;
e) The licensing and operation regime of pharmacies and access to
medication.
Article 59.
Family and migrations
1. Compete to the Legislative Assembly to legislate in matters of support to the family and to the
migrations.
2. Family support materials and migrations cover, specifically:
a) The protection of minors, the promotion of childhood and support for motherhood and
to parenthood;
b) The support for the elderly;
c) The integration of immigrants;
d) The support for the communities of emigrants;
e) the associativism and the diffusion of Portuguese and fused culture in the diaspora;
f) The reintegration of the returning emigrants.
Article 60.
Work and vocational training
1. Compete to the Legislative Assembly legislating in matters of work and training
professional.
2. The subjects relating to work and vocational training cover,
specifically:
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a) The promotion of the fundamental rights of workers, protection in the
unemployment and the guarantee of the exercise of trade union activity in the Region and the
regional add-on institution to the national minimum wage;
b) individual and collective labour relations in the Region;
c) Professional training and valorisation of human resources, achievement and
homologation of professional titles and the certification of workers;
d) Social concertation and mechanisms for alternative resolution of conflicts
labour.
Article 61.
Education and youth
1. Compete to the Legislative Assembly legislate in matters of education and youth.
2. The subjects of education and youth cover, specifically:
a) The regional education system, including the respective organisation,
operation, human resources, equipment, administration and management
of educational and educational establishments;
b) The assessment in the regional educational system and curriculum plans;
c) The private activity of education and its articulation with the education system
regional;
d) School social action in the regional education system;
e) The incentives for study and means of combating unsuccessful and abandonment
school;
f) Student and juvenile associativism;
g) Youth mobility and tourism;
h) The regulation and management of activities and facilities aimed at young people.
Article 62.
Culture and media
1. Compete to the Legislative Assembly legislating in matters of culture and communication
social.
2. Culture and media subjects cover, specifically:
a) The historical, ethnographic, artistic, monumental, architectural heritage,
archaeological and scientific;
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b) Cultural equipments, including museums, libraries, archives and others
spaces of cultural or artistic fruition;
c) The support and diffusion of theatrical creation and production, musical, audiovisual,
literary and dance, as well as other types of intellectual and artistic creation;
d) The folklore;
e) The spectacles and public amusements in the Region, including bullfighting and
tauromadic traditions in their various manifestations;
f) The cultural mecenact;
g) the media, including the financial support scheme;
h) The regulation of the exercise of the activity of the media organs.
Article 63.
Research and technological innovation
1. Compete the Legislative Assembly to legislate in matters of research and innovation
technological.
2. The subjects of research and technological innovation cover, specifically:
a) The centres of research and technological innovation, including their
organization, coordination, operation, and support and accreditation schemes;
b) The support for scientific and technological research;
c) the training of researchers;
d) The diffusion of scientific knowledge and technologies.
Article 64.
Sport
1. Compete to the Legislative Assembly legislating in the matter of sport.
2. The sports matter covers, specifically:
a) The regional sports system and the sports information system,
including organisation, administration, planning, financing and
surveillance;
b) Professional and non-professional sporting activity, including the
sports exchange, school sport, sport of high competition and
sports volunteering;
c) the infrastructure, facilities and sports equipment;
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d) Human resources in sport;
e) the sports mecenact;
f) The sports associative movement and sports societies.
Article 65.
Public safety and civil protection
1. Compete to the Legislative Assembly legislating in matters of order and security
public and civil protection.
2. The matters of order and public safety and of civil protection cover,
specifically:
a) The maintenance of public order and the security of public spaces,
including the administrative police;
b) The legal regime of the licensing of armeiro;
c) Civil protection, firefighters, paramedics and medical emergency;
d) Meteorological, oceanographic, seismological and meteorological monitoring and surveillance
volcanological, as well as the mitigation of geological risks;
e) The assistance and surveillance on beaches and bathing areas and coastal relief.
Article 66.
Other subjects
1. Compete still to the Legislative Assembly legislate in the following subjects:
a) The symbols of the Region;
b) regional protocol and mourning;
c) The regional holidays;
d) The creation and status of regional sectoral providers;
e) The foundations of private law;
f) The institution of supplementary remuneration to employees, agents and
too many workers of the autonomous regional administration;
g) gender policies and the promotion of equality of opportunity;
h) The special regimes of unlawful acts of mere social ordering and of the
respective process;
i) The special rural and urban tenancy schemes;
j) The incentive and incentive systems of incentives in the cases of
structuring investments or strategic value for the economy;
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l) The relevant foreign investment;
m) the regime of public-private partnerships in which it intervenes the Region;
n) The statistic;
o) The marketing and advertising;
p) Road prevention and safety.
2. The Legislative Assembly also competes legislating, for the regional territory and in
concretization of the principle of subsidiarity, in other matters not reserved to the
organs of sovereignty.
SECTION III
Organization and operation
Article 67.
Legislature
1. The legislature has the duration of four legislative sessions.
2. The legislative session has the duration of one year and starts on September 1.
3. The Assembly meets in plenary, at the minimum, in nine legislative periods by
legislative session, between September 1 to July 31.
4. Out of the legislative periods provided for in the preceding paragraph, the Assembly
Legislative can muster extraordinarily, in plenary, upon convocation of the
your President, in the following cases:
a) On the initiative of the Standing Committee;
b) At the initiative of a third of the Deputies;
c) By request of the Regional Government.
Article 68.
Dissolution of the Assembly
1. The Legislative Assembly may be dissolved by the President of the Republic, ears
the Council of State and the parties represented therein.
2. Dissolution may occur, specifically, by:
a) Impossibility of formation of Regional Government, in particular by
occur for twice some of the situations provided for in points (e), f) and g)
of Article 85 or in the terms of paragraph 3 of the same article;
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b) Grave politico-constitutional instability.
3. The Legislative Assembly shall not be dissolved in the six months after its
election or for the duration of the state of site or the state of emergency in
territory of the Region.
4. The failure to comply with the provisions of the preceding paragraph determines the legal non-existence of the
decree of dissolution.
5. The dissolution of the Legislative Assembly is without prejudice to the livelihood of the mandate of the
Deputies, nor of the competence of the Standing Committee, until the first meeting of the
Assembly after the subsequent elections.
6. In the event of dissolution of the Legislative Assembly, the elections take place on time
maximum of 60 days, under penalty of legal non-existence of that act.
7. Elected Legislative Assembly after dissolution starts new legislature and new
legislative session whose respective duration is initially increased from time
required to complete the period corresponding to the current legislative session
at the date of the election.
Article 69.
Start of the legislature
1. The Legislative Assembly meets, in its own right, no later than 10. to the
general clearance of election results.
2. At the first meeting the Legislative Assembly checks the powers of its members
and elects your Table.
Article 70.
Health
1. The Assembly operates in plenary meetings and in commissions.
2. The plenary meetings are public and those of the committees may be able to be.
3. It is published a Journal of the Legislative Assembly with the full reporting of the meetings
plenaries of the Assembly, as well as the reports and opinions of the committees, of whose
meetings are lavished minutes.
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4. The Legislative Assembly considers itself to be constituted at a plenary meeting finding itself
present the majority of the legal number of its members.
5. The Assembly may, by its initiative or the request of the Regional Government,
declare the urgency of any initiative, which must follow special plotting.
Article 71.
Participation of members of the Regional Government
1. Members of the Regional Government have a seat at the Assembly meetings and the
right to use the word for the submission of any communication or
provision of clarifications.
2. Members of the Regional Government may request their participation in the proceedings
of the committees and shall appear before them when they are required.
Article 72.
Commissions
1. The Legislative Assembly shall have the committees set out in the Rules and may constitute
any possible, enquiry commissions, or for any other determined purpose.
2. The composition of the committees corresponds to the representativeness of the parties in the
Legislative Assembly.
3. The presidencies of the committees are, in each set, rematch by the groups
parliamentarians, in proportion to the number of their Deputies.
4. The petitions addressed to the Assembly are appreciated by the committees or by committee
specially constituted for the purpose, which can hear the remaining committees
competent on the grounds of matter, as well as to request the testimony of any
citizens.
5. Without prejudice to its constitution in the general terms, the parliamentary committees of
enquiry are compulsorily constituted where this is required by a
fifth of the Deputies in effectivity of functions, up to the limit of one by
Deputy and by legislative session.
6. Parliamentary commissions of inquiry shall enjoy own investigative powers
of the judicial authorities.
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7. The legal regime of parliamentary commissions of inquiry shall be established by
regional legislative decree.
Article 73.
Standing Committee
1. Outside of the legislative periods, during the period in which it is found to be dissolved and
in the remaining cases provided for in the Constitution and the Statute, the Commission works
Permanent of the Legislative Assembly.
2. The Standing Committee shall be chaired by the President of the Legislative Assembly and
made up of the Vice-Presidents and Deputies nominated by all parties, from
agreement with the respective representativeness in the Assembly.
3. Compete to the Standing Committee:
a) Watch for compliance with the Constitution, the Statute and the laws and appreciate
the acts of the Government and the autonomous regional administration;
(b) Decide, on his or her initiative or under consultation of the organs of sovereignty,
concerning the matters of competence of these who respect the Region;
(c) to exercise the powers of the Assembly regarding the mandate of the
Deputies;
d) Promote the convening of the Assembly whenever this is necessary;
e) Prepare the opening of the legislative session.
Article 74.
Parliamentary groups and parliamentary representations
1. Deputies elected by each party or coalition of parties may constitute themselves
in parliamentary group.
2. Constitutions rights of each parliamentary group:
a) Participate in the committees of the Assembly depending on the number of its
members, indicating their representatives in them;
b) To be heard in the fixation of the agenda and to appeal to the Plenary of the
order of the day fixed;
(c) provoking, with the presence of the Government, the debate of issues of interest
current and urgent public;
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(d) provoke, by means of interpellation to the Government, the opening of two debates
in each legislative session, on general or sectoral policy subjects;
e) Request to the Standing Committee to promote the convening of the
Assembly;
f) Rewant the constitution of parliamentary committees of inquiry;
(g) to exercise legislative initiative;
h) Present motions of rejection of the Government Programme;
i) Present motions of censorship;
j) To be informed, regularly and directly, by the Government on the progress of the
main subjects of public interest.
3. The Deputy who is the sole representative of a party or coalition may
constitute itself as parliamentary representation.
4. Constituting rights of the parliamentary representations as provided for in points (a), (b),
d), (g) and (j) of paragraph 2 of this Article.
5. Each parliamentary group or parliamentary representation has a right to have venues
of work at the headquarters and remaining premises of the Legislative Assembly, as well as of
technical and administrative staff of your trust, in the terms that the law determines.
6. To Deputies not integrated into parliamentary groups or representations
parliamentarians are assured rights and minimum guarantees, under the terms of the
Regiment.
CHAPTER II
REGIONAL GOVERNMENT
SECTION I
Function, structure, training and responsibility
Article 75.
Definition and headquarters
1. The Regional Government is the executive body for the conduct of the Region's policy and the
top body of the autonomous regional administration.
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2. The Presidency and the Regional Secretaries constitute the departments of the Government
Regional and have their headquarters in the cities of Angra do Heroism, Horta and Ponta
Delgada.
Article 76.
Composition
1. The Regional Government shall be constituted by the President and the Regional Secretaries.
2. The Regional Government may include Vice-Presidents and Regional Undersecretaries.
3. The number and the denomination of the members of the Government, the area of its competence and the
organic of government departments are fixed by regulatory decree
regional.
4. Regional Subsecretaries have the powers delegated to them by the
respective members of the Regional Government.
Article 77.
Council of the Regional Government
1. Constitutions the Council of the Regional Government the President, the Vice-Chairs, if
the there are, and the Regional Secretaries.
2. You may be summoned to participate in the Regional Government meetings the
Regional Subsecretaries.
3. The Regional Government Council meets whenever it is summoned by its
President, it is to fit the definition of the general direction of government policy.
Article 78.
President of the Regional Government
1. The Regional Government is represented, directed and coordinated by its President.
2. The President of the Regional Government may have his or her office any of the departments
government.
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Article 79.
Replacement of members of the Regional Government
1. In its absences and impediments, the President designates to replace him with a Vice-
President, if there is, or a Regional Secretary.
2. Each Vice-President or Regional Secretary is replaced, in his absence or
impediment, by the member of the Regional Government appointed by the President of the
Regional Government.
Article 80.
Initiation and cessation of functions
1. The President of the Regional Government shall be appointed by the Representative of the Republic,
taking into account the results of the elections to the Legislative Assembly , ears the
political parties in it represented.
2. The Vice-Presidents, the Secretaries and the Regional Undersecretaries are appointed and
exonerated by the Representative of the Republic, on a proposal from the President of the
Regional Government.
3. The Regional Government takes office before the Legislative Assembly .
4. The duties of the Vice-Presidents and the Regional Secretaries cease with those of the
President of the Regional Government and those of the Undersecretaries with those of the members of the
Government that they depend on.
5. In the event of the resignation of the Regional Government, the President of the Regional Government
remains in office, being exonerated on the date of the inauguration of the new President of the
Regional Government.
6. Prior to the approval of your programme by the Legislative Assembly or after your
resignation, the Regional Government is limited to the practice of the strictly necessary acts
to ensure the day-to-day management of public business.
7. For the purposes of the preceding paragraph, acts strictly necessary shall be deemed to be
ensuring the day-to-day management of public business:
a) Acts that, cumulatively, are urgent or inadible, have as
objective the pursuit of a public interest of relief and that they are
appropriate to the achievement of the invoked purpose;
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b) acts of ordinary administration, maintenance of operation or
of conservation;
c) Acts of mere execution or realization of measures taken in
moment prior to the resignation of the Government.
Article 81.
Political responsibility
The Regional Government is politically accountable to the Legislative Assembly.
Article 82.
Programme of the Regional Government
1. The Regional Government Programme contains the main policy guidelines and
measures to be adopted or to propose in the exercise of the governing activity.
2. The Regional Government Programme is delivered to the Legislative Assembly on the deadline
maximum of 10 days after the taking of possession of the Regional Government .
3. The Regional Government Programme is submitted for consideration and voting to the
Legislative Assembly, which convene mandatorily to the effect, up to 15 th day
after the possession of the Regional Government.
4. The debate on the programme of the Regional Government may not exceed three days.
5. Until the closing of the debate any parliamentary group may propose the rejection
of the Regional Government Programme in the form of a motion properly
substantiated.
Article 83.
Motions and confidence votes
1. The Regional Government may request the Legislative Assembly, by one or more
times, the approval of a motion of confidence about its performance.
2. The Regional Government may, too, request the Legislative Assembly to approve
of vote of confidence on any matters of sectoral policy.
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Article 84.
Motion of no confidence
1. The Legislative Assembly may vote on motions of censure to the Government Regional about
the execution of your Program or subject of relevant interest to the Region.
2. The motion of censorship cannot be enjoyed before decorations seven days after your
presentation, not owing the debate to have a duration of more than two days.
3. If the motion of censorship is not passed, its signatories may not submit
another during the same legislative session.
Article 85.
Resignation of the Regional Government
1. Imply the resignation of the Regional Government:
a) The beginning of new legislature;
b) The dissolution of the Legislative Assembly;
c) The submission of a request for resignation by the President of the Government
Regional to the Representative of the Republic;
d) The death or lasting physical impossibility of the President of the Government
Regional;
e) the rejection of the Government Programme;
f) The non-approval of a motion of no confidence;
g) The approval of motion of censorship.
2. In the cases of resignation of the Regional Government in the situations provided for in points (c) to
g) of the preceding paragraph, the Representative of the Republic appoints new President of the
Regional Government, in accordance with Article 80 (1).
3. In the case provided for in the preceding paragraph, if, after the hearing of the parties represented
in the Legislative Assembly, the Representative of the Republic will see that they do not exist
conditions to appoint the President of the Regional Government taking into account the
results of the elections, must communicate such a fact to the President of the Republic, to
effects of point (a) of Article 68 (2).
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Article 86.
Mandatory visits by the Regional Government
1. The Regional Government visits each of the Islands of the Region at least once by
year.
2. On the occasion of one of the visits referred to in the preceding paragraph, the Council of the Government
gathers on the visited island.
SECTION II
Competence
Article 87.
Political competence of the Regional Government
It is incumbent on the Regional Government, in the exercise of political functions:
a) Conduct the policy of the Region, defending democratic legality;
(b) Decide, on his or her initiative or under consultation of the organs of sovereignty,
on the issues of the competence of these which concern the Region;
c) Participate in the elaboration of the national plans;
d) Participate in the definition and implementation of fiscal, monetary, financial policies
and currency exchange, so as to ensure the regional control of means of payment
in circulation and the financing of the investments required by
economic-social development of the Region;
e) Participate in the definition of the policies relating to inland waters, the sea
territorial, the contiguous zone, the exclusive economic zone and the platform
contiguous continental to the archipelago;
f) Present to the Legislative Assembly proposals of legislative decree
regional, regional referendum and bulkheads of law;
(g) to draw up its Programme and to present it, for approval, to the Assembly
Legislative;
(h) draw up the proposals for economic and social development plan of the
Region;
(i) to draw up the budget proposal and submit it to the approval of the Assembly
Legislative;
j) Present to the Legislative Assembly the accounts of the Region;
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l) Participate in the definition of the positions of the Portuguese State within the framework of the
process of European construction in matters of interest of the Region;
m) Participate in the negotiations of treaties and international agreements that
directly relate to the Region and administer the benefits of them
stemming;
n) Establish cooperative relations with foreign regional entities,
notably through the negotiation and adjustment of agreements;
o) Rerepresenting the Region in organizations that have the object of fostering the
dialogue and inter-regional cooperation;
p) Participate in the European construction process, upon representation in the
respective regional institutions and in the delegations involved in processes
of a Community decision, when they are concerned with matters of interest
regional.
Article 88.
Regulatory competence of the Regional Government
1. Compete to the Regional Government, in the exercise of regulatory functions:
a) Approve their own organisation and operation;
(b) Regulatory to regional legislation;
(c) Regulatory acts of the European Union;
(d) to elaborate the regulations necessary for the effective functioning of the
autonomous regional administration and the proper execution of laws.
2. The matter enunciated in (a) of the preceding paragraph is the exclusive competence of the
Regional Government.
3. The Regional Government may issue independent regulations in the framework of
competency conferred by paragraph 1 of this article.
Article 89.
Executive competence of the Regional Government
1. Compete to the Regional Government, in the exercise of administrative powers:
(a) to exercise executive power of its own;
(b) directing the services and activities of autonomous regional administration;
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c) To coordinate the drafting of the regional plan and budget and to ensure it
good execution;
d) Adopt the necessary measures for economic promotion and development
and social and to the satisfaction of regional collective needs;
e) to administer and dispose of the regional heritage and to conclude the acts and contracts
in which the Region has an interest;
(f) to administer, pursuant to the Statute and the Finance Act of the Regions
Autonomous, the tax revenue collected or generated in the Region, as well as the
participation in the state's tax revenues, and other revenue that it
are assigned and allocate them to their expenses;
(g) Exercising power of guardian over local authorities;
h) Superintender in the services, public institutes and public companies and
nationalised that exercise its exclusive activity or
predominantly in the Region, and in other cases in which the regional interest
the justifying;
i) Proceed to civil requisition and expropriation by public utilities, nos
terms of the law;
(j) practise all the acts required by the law relating to the officials and
agents of the autonomous regional administration;
(l) Exercise the remaining executive functions that are committed to him by law.
2. Compete still to the Regional Government in tax matters, pursuant to the law:
a) Launch, liquidate and collect taxes and fees through own services or
using the services of the State;
(b) to raise the revenue from other taxes, fees or equivalent revenue;
(c) to exercise the position of an active subject in the tax relations in which the Region
be part;
d) Grant tax benefits.
Article 90.
Form of the acts of the Regional Government
1. Revestin the form of regional regulatory decree the acts of the Regional Government
provided for in points (a) and (d) of paragraph 1 and in Article 88 (3).
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2. They are approved in Council of Regional Government the regulatory decrees
regional, the proposals for regional legislative decrees and regional referendums and
the forefathers of law.
3. Regional regulatory decrees are sent to the Represent of the Republic to
signature and are warrants publish in the Journal of the Republic and republish in the Newspaper
Officer of the Region .
4. All the remaining acts of the Regional Government and its members shall be
published in the Official Journal of the Region , in the terms defined by legislative decree
regional.
CHAPTER III
STATUS OF HOLDERS OF POLITICAL OFFICE
SECTION I
Common provisions
Article 91.
Holders of political office of the governing bodies of their own
They are holders of political office of the self-governing bodies of the Autonomous Region
of the Azores the Deputies to the Legislative Assembly and the members of the Regional Government.
Article 92.
Remunerative status of holders of political office
1. The President of the Legislative Assembly and the President of the Regional Government have
remunerative status identical to that of the Minister .
2. Deputies to the Legislative Assembly perceive monthly a maturity
corresponding to that of the Deputies to the Assembly of the Republic, deduced from the
percentage of 3.5%.
3. The Vice President of the Regional Government perceives a maturity on a monthly basis
corresponding to half of the sum of the salary of the President of the Government
Regional with the maturity of a Regional Secretary.
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4. The Vice President of the Regional Government is entitled to an allowance for expenses of
representation equal to half of the sum of the equivalent sum earned by the President
of the Regional Government with the equivalent grant earned by a Regional Secretary.
5. The Regional Secretaries have remunerative status identical to that of the Secretaries of
State and the Subsecretaries Regional to that of the Undersecretaries of State.
6. The Vice-Presidents of the Assembly and the chairmen of parliamentary groups have
right to a monthly allowance for expenses of representation in the amount of 25% of the
maturity of the President of the Legislative Assembly.
7. The vice-presidents of parliamentary groups, the Deputies constituted in
parliamentary representation and the chairpersons of parliamentary committees are entitled
to a monthly allowance for expenses for representation in the amount of 20% of the
maturity of the President of the Legislative Assembly.
8. Secretaries of the Bureau and the rapporteurs of parliamentary committees are entitled to a
monthly allowance for expenses of representation in the amount of 15% of the salary of the
President of the Legislative Assembly.
9. The remaining Deputies not referred to in paragraphs 6, 7 and 8 shall be entitled to a monthly allowance
for expenses of representation in the amount of 10% of the salary of the President of the
Legislative Assembly, as long as they perform the respective mandate in regime
of unique dedication.
Article 93.
Cost aid
1. Political officeholders who lode out of the island of their residence
on official service may opt for one of the following benefits:
a) Abono of daily cost aid equal to the one fixed for the members of the
Government;
(b) Accommodation in hotel establishment, plus the amount
corresponding to 50% or 70% of the daily cost aids, as per
displacement takes place in the national territory or abroad.
2. The provisions of the preceding paragraph shall also apply to holders of political office who
get out inside the island of your residence, on official service, save when the
distance between your abode and the place of work does not exceed 40 kilometres, case
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where they are entitled to one-third of the cost aid fixed under the terms of point (a) of the
previous number.
3. Deputies shall be entitled to the cost aid fixed pursuant to this Article by
each day of presence in parliamentary work, to which the allowance is to be summoned
corresponding to two days for each week in which work takes place
parliamentarians.
Article 94.
Count of time
The time of exercise of any political office in the governing bodies of the
Region adds to the exercised as a political office holder in the organs of sovereignty.
Article 95.
Record of interests
1. A public register of interests is created in the Legislative Assembly, to be regulated
by regional legislative decree.
2. The registration of interests consists of the inscription, in a document of its own, of all the
activities of political officeholders likely to be relevant in respect of
incompatibility or impediment.
3. The registration is public and it may be consulted by those who request it.
SECTION II
Status of Members to the Legislative Assembly
Article 96.
Rights, perks and implants of the Deputies
The Statute of Deputies to the Assembly of the Republic shall apply to the Members of the
Legislative Assembly with regard to rights, perks and immunities
constitutional and legally enshrined, with the necessary adaptations and agreement
with the specificities enshrined in this Statute and in the respective legal regime of
execution.
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Article 97.
Social security of Members
1. Deputies are entitled to the social security regime of civil servants.
2. In the case of any Member of Parliament opting for the social security regime of his or her activity
professional, it is up to the Legislative Assembly to the satisfaction of the charges that
corresponded to the respective employer.
Article 98.
Deputies not permanently allocated
1. Deputies may choose not to be permanently allocated to the Assembly
Legislative.
2. In the case provided for in the preceding paragraph, the Deputy shall be obligatorily
affection to the Legislative Assembly only in the periods of operation of the Plenary
or during the performance of official works or missions so that it has been
specially elected or designated.
3. Deputies not permanently allocated to the Legislative Assembly are entitled to
dispensation of all professional, public or private activities:
a) During the effective operation of the Plenary of the Assembly, the Bureau and
of the committees or deputations to which they belong;
b) During the five days preceding the Plenary of the Assembly or its
departure for the same and for equal period of time following the end of the
Plenary or on your return, in your constituency;
c) Up to five days a month, followed or interpolated, in your constituency;
d) During the displacement to your residence at the end of each week of work
of the Assembly, either in Plenary or in commissions;
e) During the displacement between his residence and the circle why he was elected,
if these do not coincide and the Deputy resides in the Region, up to five times
by legislative session;
f) During the displacement between your residence and the islands of the Region,
in particular for the purposes set out in Article 31 (2), once by
year.
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Article 99.
Displacements
In the offsets carried out in the performance of their duties or because of them, the
Deputies are entitled to the corresponding transport, life insurance and assistance
emergency medical.
Article 100.
Incompatibilities
1. Are inconsistent with the exercise of the term of office of the Deputy to the Assembly
Legislative the following posts or functions:
a) President of the Republic, Deputy to the Assembly of the Republic and member of the
Government of the Republic;
b) Representative of the Republic and member of the Regional Government;
c) Member of the Constitutional Court, of the Supreme Court of Justice, of the
Supreme Administrative Court, the Court of Auditors and the Council
Superior of the Magistrature and the Ombudsman;
(d) Member of the European Parliament;
e) Ambassador;
f) Governor and vice-governor civil;
g) President and full-time councillor or in half-time regime of
city chamber;
h) Employee of the State, Region or other public entity;
(i) Member of the National Election Commission;
j) Member of Staff of the Government of the Republic, of the Representative of the
Republic or of the Regional Government or legally equated;
(l) Employee of international organization or foreign State;
m) President and Vice President of the Economic and Social Council and the
Economic and Social Council of the Azores;
n) Regional sectoral providers;
o) Member of the governing body or administration of regulatory body
independent, public company or public institute.
2. The provisions of paragraph (h) of the preceding paragraph shall not cover the free exercise of
lecturers in higher education, research activity or relevant
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social interest, if previously authorized by the relevant parliamentary committee
on incompatibilities and impediments.
Article 101.
Impediments
1. The Deputy to the Legislative Assembly may engage in other activities, within the
limits of this Statute and the law, and shall communicate its nature and
identification to the Constitutional Court and the relevant parliamentary committee in
matter of incompatibilities and impediments.
2. Without prejudice to the provisions of special law, it is impeditive to the exercise of the mandate of
Member of the Legislative Assembly:
a) Participation in organ with steering functions or administration of
dealerships that have activity in the Region;
b) Presidency of executive body of association or private foundation that
have a lasting financial cooperation agreement with the State,
the Region, the authorities or the other public entities.
3. Without prejudice to the provisions of special law, it shall also be vetted to the Members:
a) Participate in the exercise of trade or industry activity, directly,
per se, or indirectly, specifically by the spouse not separated from
persons and goods or through an entity in which it detains relevant participation
or dominant influence, in mandatory open procedures, in the
terms of the law, to various competitors or candidates, in the framework of training
of public contracts whose object covers benefits that are or are
liable to be subjected to market competition and whose entity
contracting is the Region, the local authorities of the Azores or any
integrated entity in its indirect administrations;
(b) to exercise judicial mandate as an author on cable shares, at any venue,
against the Region;
c) Sponsoring Foreign States;
(d) to benefit, staff and improperly, from acts or taking part in contracts
in whose formation process intervene organs or services placed
under its direct influence;
(e) to appear or participate in any form in acts of commercial advertising.
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4. The Deputy lacks the authorization of the Legislative Assembly, under penalty of
impediment, through the competent parliamentary committee, to:
a) Be a referee, sworn, expert or witness;
b) To be a holder of government appointment.
5. The authorisation referred to in point (a) of the previous number must be requested by the
competent judge or by the instructor of the proceedings, in a document addressed to the President
of the Legislative Assembly, the deliberation being preceded by hearing of the Deputy.
6. The exercise of the function of expert or arbitrator shall not be allowed to be
remunerated in any process in which they are part of the Region, the local authorities
of the Azores or any integrated entity in their indirect administrations.
7. The infringement of the provisions of paragraphs 1, 2 and 3 and 4 of this Article shall determine, for the
Deputy concerned, without prejudice to its accountability to other securities:
(a) Warning;
b) Suspension of the mandate while it lasts the impediment, per period never
less than 50 days;
c) Mandatory reposition of the entire remuneration that the holder auffers for
exercise of public functions, from the moment and as long as the
situation of hindrance.
Article 102.
Control of impediments and incompatibilities
Verified any impediment or incompatibility by the parliamentary committee
competent in the grounds of the matter and approved the respective opinion by the Plenary, the
Deputy is notified to, within 30 days, put an end to such a situation.
SECTION III
Status of members of the Regional Government
Article 103.
Status of members of the Regional Government
The status of the members of the Government of the Republic shall apply to the members of the Government
Regional, with regard to duties, responsibilities, incompatibilities, rights,
perks and immunities, with the necessary adaptations and in accordance with the
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specificities enshrined in this Statute and in the respective legal regime of
execution.
Article 104.
Limitation of mandates of the President of the Regional Government
1. The President of the Regional Government can only be appointed for three terms
consecutive.
2. The President of the Regional Government, after having completed the mandates referred to in the
previous number, cannot take on new mandate during the quadriennium
immediately subsequent to the last consecutive term allowed.
3. In the case of application for resignation, in the course of its third term
consecutive, the President of the Regional Government may not be named in the sequence
of the immediate elections or those to be held in the quadriennium immediately
subsequent to the resignation.
Title V
RELATIONSHIP OF THE REGION WITH OTHER PUBLIC LEGAL PERSONS
CHAPTER I
OF COOPERATION IN GENERAL
Article 105.
General principles
The relations between the Region and other public legal persons are governed by the
principles of cooperation, sharing of information and transparency, loyalty
institutional, national solidarity, subsidiarity and decentralization.
Article 106.
Instruments of cooperation with the Republic
The Region and the Republic, within the framework of their respective assignments, may conclude agreements
and to resort to any other means of cooperation appropriate to the pursuit of their
common goals.
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Article 107.
Cooperation agreements
1. The Region and the State, represented by the Regional Government and the Government of the
Republic, respectively, may conclude legally binding agreements
on matters of common interest with the objectives, of a sectoral or general scope,
of establishment of mixed composition bodies, public or private companies of capital
mixed, pursuing plans, programmes or joint projects, or still from
management or operation of services corresponding to their assignments.
2. Agreements that entail the pursuit, by the Region, of State assignments are
accompanied by the transfer to the Region of sufficient financial means.
3. After its conclusion, agreements involving changes in the allocation of
assignments and competences between Region and the State shall be approved by law or,
in matters not covered by the absolute reserve of competence of the Assembly of the
Republic, by decree-law.
Article 108.
Participation in organs of the Republic
The Region participates in the determination, conduct and implementation of the general policies of the
State on matters that concern you through the competent bodies, according to
with the one set out in this Statute and in the law.
Article 109.
Delegation of powers of the Government of the Republic in the Regional Government
1. In matters whose regulatory competence is reserved to the Government of the
Republic, pursuant to the Constitution, may this delegate, by resolution of the
Council of Ministers, the competence for the exercise of the administrative function,
in full or in part, in the Regional Government.
2. The competence for the exercise of the administrative function, for the purposes of the number
previous, encompasses the issuance of regulations, the practice of administrative acts and the
conclusion of administrative contracts, as well as the joint exercise of
competencies.
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3. The Government of the Republic may also delegate to the Regional Government powers of
coordination of state services in the Region with regional services.
4. The delegation of powers provided for in paragraph 1 of this Article shall not become extinguished by the
change of the holders of the Government of the Republic or the Regional Government.
5. To the act of delegation of powers of the Government of the Republic in the Regional Government
complies with the provisions of the Administrative Procedure Code, with due
adaptations.
Article 110.
Relations with local and regional entities
The Region, through the Regional Government, may establish special relations of
coordination, collaboration or cooperation, including through the celebration of
agreements, with other public entities, namely the Autonomous Region of the
Wood, the administrative regions and too many local authorities or their associations,
applying for the envisaged scheme for the conclusion of cooperation agreements with the
State, with due adaptations.
CHAPTER II
OF THE HEARING OF THE ORGANS OF SELF-GOVERNMENT BY THE ORGANS OF
SOVEREIGNTY
Article 111.
Hearing by the President of the Republic on the exercise of political skills
1. The Legislative Assembly shall be heard by the President of the Republic before the
appointment or exoneration of the Representative of the Republic in the Region.
2. The Legislative Assembly, the President of the Regional Government and the groups and
congressional representations of the Legislative Assembly should be heard by the
President of the Republic prior to the dissolution of the Legislative Assembly and the
marking the date for the holding of regional or regional referendum elections.
3. The President of the Legislative Assembly and the President of the Regional Government shall
be heard by the President of the Republic prior to the declaration of the state of site or of
emergency in the territory of the Region.
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Article 112.
Hearing by the Assembly of the Republic and the Government on the exercise of
political skills
The Assembly of the Republic and the Government shall listen to the Region, through the Government
Regional, on the exercise of their assignments and political skills, as well as
when they participate, within the framework of the Community institutions, in the exercise of
political skills, on matters that relate to the Region.
Article 113.
Hearing on the exercise of legislative skills
1. The passage of laws and decrees-laws applicable in the regional territory shall be
preceded by hearing of the Legislative Assembly on the issues of which to tell you
respect.
2. In addition to the matters of the Assembly's own legislative competence
Legislatively, they consider matters that concern the Region, namely:
a) the policies relating to inland waters, the territorial sea, the area
contiguous, to the exclusive economic zone and to the contiguous continental shelf
to the archipelago;
b) The fiscal, monetary, financial and exchange rate policies, so as to ensure the
regional control of the means of payment in circulation and the financing
of the investments necessary for its economic development-social;
c) The regime of the regional referendum;
d) The regional finance regime;
e) The status of local authorities of the Azores and their funding;
f) General regime of the drafting and organization of the regional budget;
g) Definition and regime of regional and domain public domain goods
state public situated in the regional territory;
h) The judicial organization in the regional territory;
i) Public security and the organization of the security forces in the territory
regional;
j) the planning and regulation of spatial planning and urbanism,
with regard to the regional territory;
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l) Regional regime of the means of integrated production in the cooperative sector and
property social.
3. Taking into account its legislative competence of development, the Region, through
of the Legislative Assembly, must also be heard by the Assembly of the Republic
when this exercise its legislative competence over:
a) Bases of the education system;
b) Bases of the social security system and the national health service;
c) Bases of the system of protection of nature and ecological balance;
d) Bases of cultural heritage;
e) Bases of agricultural policy;
f) Bases of the regime and scope of public function;
g) General rules of the scheme of public companies and public foundations;
h) Bases of spatial planning and urbanism.
Article 114.
Hearing on the exercise of administrative skills
The Government of the Republic shall listen to the Region, through the Regional Government, on the
exercise of administrative skills, as well as when I participate, in the framework of
community institutions, in the exercise of administrative skills, on subjects
that concern the Region.
Article 115.
Form and term of the hearing
1. The organs of self-government pronounces themselves through the issuance of opinion
reasoned.
2. In situations of manifest urgency declared by the body of sovereignty or when such
if justifying, particularly in relation to unipersonal organs, the hearing may be
made by oral form.
3. The organs of sovereignty may determine the secretive character of the hearing when the
nature of the situation or matter the justifying or when it is in cause of defence
national.
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4. The deadline for pronunciation shall be reasonable and shall be fixed by the body of sovereignty, not
may be less than 15 days for the Regional Government and 20 days for the
Legislative Assembly.
5. The time limits provided for in the preceding paragraph may be extended, when the
complexity of the matter justifies it, or shortened, in situations of manifest
duly substantiated urgency, declared by the body of sovereignty, not
it may, save the provisions of paragraph 2, be less than 5 days.
6. The governing bodies of their own may ask for an extension of the period granted
by the organ of sovereignty to speak out, through reasoned decision-making.
7. Other forms of hearing of the organs of self-government may be agreed upon
the activity of the organs of sovereignty that concerns the Region, as well as the
terms of their collaboration in that activity.
Article 116.
Qualified hearing
1. The Assembly of the Republic and the Government shall adopt the procedure of hearing
qualified, in the following cases:
a) Legislative initiatives likely to be non-compliant with any
standard of this Statute;
b) Legislative or regulatory initiatives aimed at suspension, reduction
or suppression of rights, attributions or regional competences, in the terms
of Article 14 (3);
c) Legislative initiatives aimed at the transfer of assignments or
competencies of the state administration for local authorities of the
Azores, in accordance with Article 132.
2. The qualified hearing procedure starts with the sending to the organ of
own competent government of the proposal or draft act accompanied by a
special and sufficient statement of reasons for the proposed solution, in the light of the principles of
primacy of the Statute, the acquired autonomic and the subsidiarity.
3. Within the time limit indicated by the body of sovereignty concerned, which may never be lower than
15 days, the competent governing body shall issue reasoned opinion.
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4. In the event of the opinion being unfavourable or non-acceptance of the proposed amendments
by the body of sovereignty concerned, shall constitute a bilateral commission, with
an equal number of representatives of the organ of sovereignty and the governing body
own, to formulate, by common agreement, an alternative proposal, within 30
days, unless otherwise agreed.
5. Decorating the period provided for in the preceding paragraph, the body of sovereignty decides
freely.
Article 117.
Pronunciation of own governing bodies
1. The governing bodies of their own may still, on their initiative, pronounce themselves on
matters of the competence of the organs of sovereignty which concern the Region,
through the issuance of reasoned opinion.
2. The organs of sovereignty shall take into account in their performance the pronunciations
issued by the governing bodies of their own in the terms of the previous number.
Title VI
OF THE INTERNATIONAL RELATIONS OF THE REGION
Article 118.
Participation of the Region in the foreign policy of the Republic
1. The Region, through the Regional Government, participates in the determination and driving of the
foreign policy of the Republic when they are in question matters that tell you
respect.
2. They shall be matters that concern the Region, for the purposes of the preceding paragraph,
particularly:
a) Those who focus on their assignments or competences;
b) The policies relating to the territorial sea, the exclusive economic zone and the
continental shelf;
c) The fiscal, monetary, financial and exchange rate policies, so as to ensure the
regional control of the means of payment in circulation and the financing
of the investments necessary for its economic development-social;
d) The condition of the outermost region and the insularity;
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e) the use of military bases in the regional territory;
f) Public security in the regional territory;
g) the agricultural and fishing policy, when incited over the territory of the Region;
h) The regulation of protected designations of origin, geographical indications
protected or other systems for protection and enhancement of products and
brands of the Region;
i) Environmental policy, resource management and protection of fauna and flora
of the Region;
j) International trade, when incited over products of production
regional;
l) The investments in the Region;
m) The cultural heritage located in the Region;
3. Within the scope of the right of participation referred to in paragraph 1 of this Article, the Region
has the right to:
a) Rewant to the Republic the celebration or accession to treaties or agreements
international who are afflicted appropriate to the pursuit of the objectives
fundamental of the Region;
b) To be informed, by the Republic, of the negotiation of treaties or agreements;
c) Participate, integrated in the Portuguese delegation, in the negotiation of treaties or
international agreements and in other international negotiations or summits;
d) Participate in the Portuguese representations to organizations
international;
(e) Addressing the organs of sovereignty, through the Legislative Assembly or the
Regional Government, the observations and proposals that understand pertinent in the
scope of the previous paragraphs of this paragraph.
4. Within the framework of its tasks and powers of its own, the Region shall perform, in the
its territory, the treaties and international agreements, as well as the decisions
binding of international organizations.
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Article 119.
Participation in European construction
1. The Region shall be entitled to participate in the processes of forming the will of the State
portuguese in the framework of European construction when they are in question subjects that
concern you, pursuant to paragraph 2 of the previous article.
2. For the purposes of the preceding paragraph, the Region shall have the right to:
a) Integrate the delegations of the Portuguese state for negotiations in the framework of
revision of the right originating in the Union, the approval of new treaties, or
of the decision-making process;
b) Participate in the Committee of the Regions, through the President of the Government
Regional or of whom he is appointed, as well as in other bodies of the
Union;
c) To be consulted, through the Legislative Assembly, on the initiatives
normative of the Union, in the context of the verification procedure of the
compliance with the principle of subsidiarity, when these affect their
assignments and competences or their outermost condition;
d) To be informed, by the organs of sovereignty, of the initiatives or proposals that
these present before European institutions, or of the procedures in
that are directly involved;
e) Establish collaborative relations, through the Legislative Assembly,
with the European Parliament;
f) Propose of legal actions in the European instances, to the extent of their
legitimacy or require the Republic to appeal to the jurisdictional means
appropriate with the community courts for the defence of their rights.
3. When questions are concerned that relate exclusively to the Region, the
State should assure him of a preponderant position in the respective negotiations.
Article 120.
External cooperation of the Region
1. The Region, through the Regional Government and under the guidance and supervision of the
Legislative Assembly, exercises its action within the framework of foreign policy and the
foreign affairs, in defence and promotion of the interests incumbent upon them
constitutional and statutorily proceed.
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2. The Region coordinates its international performance with the guidelines set by the
organs of sovereignty with competence in foreign policy matters.
3. The State's external representation services provide the Region with all aid
necessary for the pursuit of its foreign cooperation policy.
Article 121.
External relations with other entities
1. Within the framework of its external relations with other entities, it competes in the Region, in
special:
a) Boosting the development of cultural, economic and social ties
with territories where they reside communities of Portuguese emigrants
coming from the Region and their descendants or from where they provence
communities of immigrants who reside in the Region;
b) Developing privileged relationships with entities from the countries with language
Portuguese officer, notably through participation in projects and
cooperation actions within the framework of the Community of Countries of Language
Portuguese;
c) Establish cooperative relations and collaboration with entities of states
Europeans, in particular, of Member States of the European Union,
particularly at the level of the provision and exploitation of public services;
d) Develop partnerships with other outermost regions, namely
within the framework of European territorial cooperation programs and deepen the
cooperation in the framework of Macaronesia;
e) Participate in international organizations that have the object to foster
the inter-regional dialogue and cooperation.
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2. Within the scope of the preceding paragraph, the Region may, through the Regional Government,
establish or access cooperation agreements with entities from other states.
Title VII
ORGANIZATION OF PUBLIC ADMINISTRATIONS
CHAPTER I
AUTONOMOUS REGIONAL ADMINISTRATION
Article 122.
Administrative Organization of the Region
The administrative organisation of the Region shall reflect the geographical reality,
economic, social and cultural of the archipelago, in order to better serve the respective
population and, simultaneously, to encourage the unity of the açorian people.
Article 123.
Regional services
1. The autonomous regional administration aims at the pursuit of public interest, in the
respect for the legally protected rights and interests of the citizens and of the
principles of equality, proportionality, fairness, impartiality and good faith.
2. The organization of the autonomous regional administration obeys the principles of
decentralization and de-concentration of services, takes into consideration the
condialisms of each island and aims to ensure a speedy administrative activity,
effective and quality.
3. The Regional Government, with a view to ensuring an effective approximation of services
to populations, promotes the existence on each island of services of its
departments or a delegation of the Regional Government.
Article 124.
Regional public function
1. Autonomous regional administration has frameworks of its own that must comply with
criteria for economy of means, qualification and professional efficiency.
2. The bases and general scheme of recruitment for public function in services
regional, technical training, the framework of frameworks and careers, of the statute
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discipline and the retirement scheme are those defined by law for the administration
public of the State.
3. Mobility is guaranteed between the frameworks of the autonomous regional administration,
local administration and administration of the State, without prejudice to the acquired rights,
specifically in seniority and career.
CHAPTER II
OTHER REGIONAL BODIES
Article 125.
Representative bodies of the islands
1. Each island has a representative body of its interests.
2. To the representative bodies of the islands competes:
(a) to issue opinion on matters with an interest to the island, on its initiative or
the solicitation of one of the governing bodies of its own;
(b) Fostering collaboration and cooperation between authorities of the same island and the
uniformity of municipal regulations;
(c) to exercise the remaining skills assigned to it by decree
regional legislative.
3. The representative bodies of the islands shall be composed of representatives of the
organs of own government, local authorities and society.
4. The constitution, organization and operation of the representative bodies of the islands,
as well as the rights and duties of its members, are regulated by decree
regional legislative.
Article 126.
Regional independent administrative entities
1. The Region may, in the context of its tasks and by means of legislative decree
regional, create regional independent administrative entities, whenever the
nature of the administrative activity in question justifies it.
2. Regional independent administrative entities may assume functions of
regulation, surveillance and supervision.
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3. Regional independent administrative entities are legal persons of
public law and dispose of budgetary and financial autonomy.
4. Its specific scope of acting, composition, organization and operation are
regulated by regional legislative decree.
Article 127.
Regional sectoral providers
1. The Region may create regional sectoral providers that, respecting assignments
of the Ombudsman and in coordination with this, receive complaints from citizens
by shares or omissions of organs or services of the autonomous regional administration,
of public or private bodies that it is dependent on, from private companies
in charge of the management of regional public services or carrying out activities of
general or universal interest in the regional scope.
2. Regional sectoral providers can drive the recommendations they understand
to the entities referred to in the preceding paragraph and to exercise the remaining competences which
come to them to be assigned by regional legislative decree.
3. Regional sectoral providers are elected by the Legislative Assembly and have a
status of independence.
4. The establishment of a regional sectoral provider does not involve any restriction on the
right of complaint to the Ombudsman or his / her competences.
Article 128.
Economic and Social Council of the Azores
1. The Economic and Social Council of the Azores is the independent collegial body of
advisory and monitoring character to the governing bodies of their own for
subjects of an economic, labour, social and environmental character, having the purpose of
foster the dialogue between political power and civil society.
2. The Economic and Social Council of the Azores participates in the elaboration of the plans of
economic and social development, exercises social concert functions and can
have a comment, at the request of the governing bodies of their own or on their initiative, on the
matters of its competence.
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3. The composition, skills, organization and operation of the Council
Economic and Social of the Azores are regulated by regional legislative decree,
ensuring the equitable participation of social, business, economic and social groups
professionals in the Region.
CHAPTER III
ADMINISTRATION OF THE STATE
Article 129.
General principles of the State Administration in the Region
1. The State administration in the Region is organized in a way to combat the
negative consequences of the insularity and outermost region of the archipelago and has in
account for regional specificities.
2. The State ensures a balanced distribution of its services among the various
islands.
3. The Region may ask the State for the establishment of regional delegations within the framework of
your direct or indirect administration, when your nature or assignments
the justices.
Article 130.
Judicial organization
1. The regional judicial organization takes into consideration the specifics and
own needs of the Region.
2. Each island, with the exception of the Corvo, shall correspond at least to the area of
circumscription of a judicial court of first instance, and shall exist in the
archipelago a judicial court of second instance.
CHAPTER IV
LOCAL ADMINISTRATION
Article 131.
Relations with local entities of the Azores
1. The Region has special relations of cooperation, coordination and collaboration with the
local authorities and their associations located in their territory.
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2. The Region encourages the establishment of mechanisms for inter-city cooperation
on its territory.
Article 132.
Reservation of administrative competence of the Region
The transfer of assignments and competences of the State administration to the
local authorities in the Azores must take into account regional specificities, in the respect
by the principle of subsidiarity, and shall in any case be preceded by the
qualified hearing procedure of the Region.
Article 133.
Municipality of the island of the Corvo
The municipality of the island of the Corvo, by constraints of its own, is the holder of the
generic skills of the freguesias, with due adaptations, in the respective
territory.
Title VIII
REVIEW OF THE STATUTE
Article 134.
Reservation of legislative initiative
This Statute may only be reviewed at the initiative of the Legislative Assembly,
through the drafting and approval of a draft law to be sent to the Assembly of the
Republic.
Article 135.
Elaboration of the project
1. The initiative to open the review process of the Statute belongs to the Deputies.
2. The assumption of statutory review powers, the definition of the respective procedure
and the consequent opening of the procedure for the revision of the Statute is deliberated by the
absolute majority of the Deputies in effectivity of functions.
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Article 136.
Assessment of the project by the Assembly of the Republic
1. The Assembly of the Republic, in appreciating the draft revision of the Statute, shall hear
the Legislative Assembly whenever it considers appropriate.
2. The Legislative Assembly designates a representative delegation of the parties that
in it have a seat to present the draft revision of the Statute to the Assembly of the
Republic, to which you may request to be heard by the President of the Assembly of
Republic, by the Commissions tasked with discussing the project, by the groups
parliamentarians or by the Deputies, at any time of the procedure
legislative in the Assembly of the Republic.
3. The Legislative Assembly may deliberate, by an absolute majority of the Deputies in
performance of duties, withdraw the draft revision of the Statute, by the end of the
voting in the specialty.
Article 137.
Amendment of the project by the Assembly of the Republic
1. If the Assembly of the Republic changes the draft revision of the Statute shall remetallerate
lo to the Legislative Assembly so that this will appreciate all the amendments made and
about them issue opinion.
2. The powers of review of the Statute by the Assembly of the Republic are limited to the
statutory standards on which the initiative of the Legislative Assembly is incited.
Article 138.
New text of the Statute
The amendments to the Statute are inserted in the place of their own, upon substitutions, the
suppressions and the necessary additions, being the Statute, in its new text, published
jointly with the revision law.
