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DRAFT LAW NO. 430 /X

Creates the legal regime of the Municipal Councils of Youth

Exhibition of Motives

It is today unquestionable the transversality of public policies directed at youth.

Being equally undeniable the advantages for public institutions in establishing a

permanent dialogue with citizens and citizenships, fostering mechanisms of democracy

participatory and open to all and all, many Portuguese municipalities have already taken it

initiative to create instances of hearing and representation of local youth. The cases in which

these forms of participation have been instituted reveal a positive balance sheet, marked by

possibility of identification of solutions to the problems of young people who sometimes

go unnoticed by the classic channels of access to public powers and reinforcement of the

civic participation through the representative associations of the multifaceted interests of the

young people and young Portuguese.

In spite of this rich experience that we can already observe in various authorities today,

several factors advise the approval of a common legal regime to all councils

municipal youth. First, it deposes in this sense the need to institute

the said advisory bodies in the municipalities that have not yet proceeded voluntarily

to its creation, allowing them to benefit from a recognised formula of success in the

contact with the youth. On the other hand, the multiplicity of organisational models between

the already existing municipal youth councils advises also on an effort to

rationalization and uniformity, generator of greater legal certainty and allowing to collect

the existing normative teachings and practice.

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Part of the philosophy of the present draft law is also based on the principle of

autonomy of each municipality in its implementation in concrete. Search apply a

same device acrytically in all the county's concelhos, without a weighting

in casu of the young population, of the local relevance of the associativism and other entities in the

life concelhia, without meeting even the dimension of the municipal self-made organs would

surely in an unsettling result that of the whole is not intended. Thus being, the

project refers some decisions as to the composition and functioning of councils

municipal youth for the regulation of each council, to be approved by the respective

municipal assemblies, conferring further on these to the faculty of committing others

competencies for municipal youth councils.

The rationalization effort referred to arises in the first place with regard to the

composition of the municipal youth councils. Addressing an advisory body

of the municipality, matters to pool the various active forces of the local civil society and,

simultaneously, ensure the representation of local political actors of the remaining organs

municipal. The recent amendment of the legal framework applicable to young associativism comes

assist the clarification of which juvenile associations are likely to obtain representation

in the municipal councils, setting as a requirement for your prior registration in the Register

National of Young Associations. In the framework of student associativism, open the door

also to the representation of the student federations, provided that they have demonstrated their connection

privileged to the concelho. In this framework, the possibility of the associations is acauctions

existing in the county to assume a number that would render their presence unbeatable

concurrently in the municipal youth council, having conferred on the assemblies

municipal the faculty of establishing a maximum limit of associations with representation

where your number is more than 15 juvenile associations and / or 15 associations of

students. Still as to the composition of the council, through the figure of the observers

permanent and from the faculty conferred on the municipal council to request the participation of

other entities in their works, it remains open the door to other elements of the

civil society that can enrich their activity.

In the framework of skills to be committed to municipal youth councils

are highlighting their consultative skills, among which they avulate the issuance of opinion

mandatory on the annual plan of activities, the municipal budget, the projects of

municipal regulation and land-use planning plans, in the matters in which

focus on youth policies. To these add still competences of

monitoring of the implementation of municipal youth policy and policies

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transversal with incidence in the younger sections of the population and, still, the

monitoring of civic and associative participation of the youth of the county. Finally,

you are still committed to the municipal councils for dissemination and promotion skills of the

public discussion around youth policies.

With regard to the operation of the municipal councils of the youth, the

essential to the legal discipline is remitted to the respective internal regiments and to the

Administrative Procedure Code. Still, the project determines the existence of

a main training of the council in plenary, admitting the creation or of sections

permanent specialist, whether from possible commissions for the performance of tasks

specific and of limited duration.

The project intends to still ensure the possibility of external articulation of the

activity of municipal youth councils. In the first place, and in a way

ensuring the consistency of the monitoring of educational policies in the county, establish itself

a mechanism of reciprocal information between the municipal councils of youth and the

municipal boards of education provided for in Decree-Law No. 73/2003 of January 15.

On the other hand, it allows for the constitution of intermunicipal youth commissions,

acauteling the existence of problems and youth policies common to more than one

municipality and fostering the dialogue between the homologous structures.

Thus, in the terms of the applicable constitutional, legal and regimental provisions,

the Deputies of the Parliamentary Group of the Socialist Party, below signed, present the

next Draft Law:

CHAPTER I

General provisions

Article 1.

Subject

This Law establishes the legal regime of municipal youth councils,

establishing its composition, competencies and rules of operation.

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Article 2.

City council of youth

The municipal youth council is the advisory body of the municipalities of the municipalities on

matters related to youth policy.

Article 3.

Purposes

The municipal youth councils pursue the following purposes:

(a) collaborate in the definition and implementation of municipal youth policies,

ensuring their articulation and coordination with other sectoral policies,

particularly in the areas of employment and vocational training, housing, education

and higher education, culture, sport, health and social action;

b) Ensuring the hearing and representation of public and private entities which, in the

municipal scope, continue assignments concerning the youth;

c) To contribute to the deepening of knowledge of economic indicators,

social and cultural relative to youth;

d) Promote the discussion of subjects concerning the aspirations and needs of the

young population resident in the respective concelho;

E) to collaborate with the organs of the municipality in the exercise of the competences of these

related to youth;

(f) Encouraging and supporting youth associative activity, ensuring their representation

together with the municipal bodies, as well as with other public entities and

private, national or foreign;

g) Promoting collaboration among youth associations in their scope of action.

CHAPTER II

Composition

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Article 4.

Composition of municipal youth councils

Each municipal youth council is composed of:

a) The President of the City Hall, who presides;

b) The councillor responsible for the Youth pellor;

c) A municipal deputy from each party or group of citizen voters

represented in the Municipal Assembly;

d) the representative of the municipality in the Regional Youth Council;

e) A representative of each juvenile association with registered office in the concelho inscribed on the

National Register of Young Associations (RNAJ);

f) A representative of each association of elementary and junior high school students

headquartered in the county entered in the RNAJ;

g) A representative of each association of students of higher education based

in the county inscribed in the RNAJ;

h) A representative of each federation of students entered in RNAJ whose scope

geographical of acting if they circumscribe to the area of the county or in which the

student associations headquartered in the county represent more than 50% of the

associates;

i) A representative of the local structure of each partisan youth organization

belonging to the political parties with representation in the organs of the municipality or

in the Assembly of the Republic.

Article 5.

Municipal deputies

For the purposes of the provisions of paragraph (c) of the preceding article, the parties or groups of citizens

voters represented in the Municipal Assembly must nominate a municipal MP

under the age of less than 30 years, only may indicate a municipal MP with age

top in cases where none of the local elected meets the said requirement.

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Article 6.

Representatives of the juvenile associations

1-In the municipalities in which the number of the youth associations referred to in point (e) of the

article 4 is greater than 15, may the regulation of the municipal youth council, the

approve by the Municipal Assembly, determine which maximum number of associations

represented in the municipal youth council.

2-In the cases provided for in the preceding paragraph, the regulation of the municipal council of

youth must provide for a form of selection of the youth associations that ensure the

diversity of the areas of intervention and the representativeness of youth associativism

existing in the concelho.

3-A The selection provided for in the preceding paragraph takes place at the beginning of each term

autarditic.

4-Representatives of youth associations should preferably be of lower age than

30 years.

Article 7.

Representatives of student associations

1-In municipalities in which the number of student associations is more than 15,

may the regulation of the municipal youth council, to be approved by the Assembly

Municipal, determine which maximum number of associations represented in the council

youth municipal, fixing a maximum number of student associations from the

basic and secondary teaches and higher education.

2-In cases provided for in the preceding paragraph, it shall apply to the selection of the associations of

students from the basic and secondary teaches, and to the students ' associations of teaching

higher, the provisions of paragraph 2 of the previous article, with the necessary adaptations.

3-A The selection provided for in the preceding paragraph takes place at the beginning of each term

autarditic.

4-Representatives of student associations should preferably be of age

less than 30 years.

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Article 8.

Observers

The municipal youth council regulation may still award the status of

permanent observer, without the right to vote, to other local public or private entities,

particularly to private institutions of social solidarity enticed in the county and

which develop the title main activities related to youth, associations

juveniles or informal groups of young people not registered in RNAJ or young associations of

national scope which, having no seat in the county, in it develops relevant activities

or in it maintain decentralized local structures.

Article 9.

External participants

By deliberation of the municipal youth council, they may be invited to participate

in your meetings, without the right to vote, people of recognized merit, other holders of

organs of the municipality, representatives of the entities referred to in the previous number who do not

have the status of permanent observer or representatives of other entities

public or private whose presence is deemed useful for the works.

Article 10.

Indication and replacement of members

1-The representatives of the youth associations, the associations and federations of students

are indicated by written communication of the respective social organs addressed to the President

of the municipal youth council.

2-A written communication referred to in the preceding paragraph may include the identification of

supplent representatives.

3-The entities referred to in paragraph 1 may replace their representatives on the boards

municipal youth at all time, upon new written communication addressed to the

chairman of the municipal youth council.

4-The chairman of the city hall may make himself replaced by the Vice-President or the

councillor with the youth pellor.

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CHAPTER III

Competencies

Article 11.

Consultative skills

1-Compete for municipal youth councils to issue opinion binding on the

following subjects:

a) General orientation lines of the municipal policy for youth, constants of the

annual plan of activities;

b) Municipal budget, with respect to allocations allocated to youth policies

and to the sectoral policies with that related;

c) Projects of municipal regulations and postures that versem on subjects that

respect the policies of youth;

d) Projects of municipal planning of land use planning, with respect to the

its impact on youth policies.

2-The municipal council of youth must still be ausculated by the city hall

during the drafting of the draft acts provided for in the preceding paragraph.

3-Compete still to the municipal council of youth to issue opinion on initiatives of the

municipal chamber with incidence in youth policies, upon request from the

city hall, the mayor or councillors, within the framework of the competences

own or delegated.

4-A Municipal assembly may also request the issuance of opinions to the council

municipal youth on subjects of their competence with incidence in the policies of

youth.

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Article 12.

Issuance of the mandatory opinions

1-A city hall is expected to ausculate the municipal youth council during the phase of

drawing up of the proposal for a plan of activities and municipal budget.

2-For the purpose of issuing the opinions provided for in the preceding article, the chamber shall, after

your approval, refer to the municipal youth council the draft budget and

of activity plan.

3-A approval of the budget and the plan of activities by the municipal assembly can only

occur after the issuance of opinion by the municipal youth council or after the course

of a period of 15 days counted from the date on which the latter has received the projects.

Article 13.

Follow-up skills

It is incumbent on the municipal youth councils to follow up and issue recommendations to the

organs of the municipality on the following subjects:

a) Execution of the municipal youth policy;

b) Incidence in the area of the county of the evolution of public policies with impact on the

youth, particularly in the areas of employment and vocational training,

housing, education and higher education, culture, sport, health and social action;

c) Incidence of the evolution of the socio-economic situation of the municipality between the

young population of the county;

d) Civic participation of the young population of the county, particularly in what

respects juvenile associativism.

Article 14.

Electoral skills

It is incumbent on the municipal youth councils to elect the representative of the municipality in the

regional youth councils.

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Article 15.

Dissemination and information

It is incumbent on the municipal councils of youth, within the framework of its activity of

dissemination and information:

a) Promoting the debate and discussion of matters relating to municipal policy of

youth, ensuring the connection between the young residents in the county and the

holders of the organs of the municipality;

b) Divulgar among the young population resident in the county their initiatives and

deliberations;

c) Promoting the achievement and dissemination of studies on the situation of young people

residents in the concelho.

Article 16.

Internal organization

Within the framework of its internal organisation, it competes with the municipal youth council:

a) Approve the plan and the report of activities;

b) Approve your internal regiment;

c) Constituting any possible commissions for temporary assignments.

Article 17.

Competences committed by the municipal assembly

The municipal assembly can commit to the municipal councils of youth, in the

their respective regulation, other competences beyond those provided for in this Law.

Article 18.

Coordination in educational matters

It is also incumbent on the municipal councils of youth to keep up with the policy developments

of education in coordination with the municipal boards of education, through sending

reciprocal of their deliberations in educational matters.

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Article 19.

Inter-municipal youth commissions

For the exercise of their competences with regard to youth policies common to

diverse municipalities, municipal youth councils can establish forms

permanent cooperation, through the constitution of intermunicipal commissions of

youth.

CHAPTER IV

Rights and duties of the members of the municipal youth council

Article 20.

Rights of the members of the municipal youth council

1-The members of the municipal youth council identified in paragraphs (e) to (i) of the

article 4 have the right to:

a) Intercoming at the meetings of the plenary or of the specialized sections of which they are a part;

b) Participate in the votes of all subjects submitted to the council's assessment

municipal youth;

c) Propose the adoption of recommendations by the municipal youth council;

d) Request and obtain access to the information and documentation necessary for the exercise of the

its mandate, together with the bodies and services of local authorities, as well as of the

respective municipal business entities.

2-The remaining members of the municipal youth council only enjoy the rights

identified in points (a), (c) and (d) of the preceding paragraph.

Article 21.

Duties of the members of the municipal youth council

The members of the municipal youth council have a duty to:

a) Participate assiduously at board meetings or to make themselves substitute, when

legally possible;

b) To contribute to the digniation of the work of the municipal youth council;

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c) Ensuring the articulation between the entities they represent and the city council

of youth, through the transmission of information about the works of this.

CHAPTER V

Organization and operation

Article 22.

Health

1-The municipal youth council can meet in plenary and in sections

permanent specialized.

2-The municipal youth council can enshrine in its internal regiment a

constitution of a coordinating committee that ensures its functioning between

plenary meetings.

3-The municipal youth council may still deliberate the constitution of commissions

possible temporary duration.

Article 23.

Plenary

1-The plenary of municipal youth councils meets ordinarily four times

per year, being one of the meetings aimed at the assessment and issuance of opinion in relation to the

annual plan of activities and the budget of the municipality and the other intended for consideration

of the report of activities of the municipality.

2-The plenary of the municipal youth councils brings together still extraordinarily by

initiative of your President or upon application for at least one third of your

members with the right to vote.

3-Should the President not proceed to the convening of the plenary within eight days,

Counted from the delivery of the application for the purpose, may the first underwriter of the application

remit the summonses.

4-Should the president not compare, nor do it replace in the meeting convened in the

terms of the previous number, compete to the plenum the election of a president ad hoc from between

its members, in session presided over by one of the desk secretaries, or by their

substitutes, preferring the newest.

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5-At the beginning of each term the plenum elects two secretaries from among its members

that, together with the president, constitute the table of the plenary of the city council

of youth.

6-The meetings of the municipal youth councils must be convened on time

compatible with the academic and professional activities of its members.

Article 24.

Coordinating committee

1-In cases where it is planned for its constitution in the internal regiment of the council,

the coordinating committee exercises the competences delegated to it by the plenary in the

period that medey the meetings of that.

2-A The coordinating committee should integrate the plenary table and at least one

representative of each of the categories of members identified in Article 4.

Article 25.

Permanent specialized sections

1-For preparation of the opinions to be submitted to the plenary of the council of

youth municipal can be constituted permanent specialized sections in the

respective internal regiment.

2-There may still be specialized sections composed of only

representatives from each category or from various categories of members identified in the article

4.

3-The plenum may still delegate to the specialized sections its remaining

competencies.

Article 26.

Possible commissions

For the assessment of one-off issues, of limited duration, may the municipal council of

youth to deliberate the constitution of possible commissions, and may delegate them to

competencies that understand necessary for the purpose.

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CHAPTER VI

Support for the activity of the municipal youth council

Article 27.

Logistical and administrative support

The logistical and administrative support for the municipal councils of youth and events

organized by its initiative, namely the realization of encounters of young people,

colloquia, seminars or conferences or the editing of dissemination materials, is ensured

by the city hall.

Article 28.

Facilities

1-The municipality must ensure the provision of conditionable facilities for the

operation of the municipal youth council, as well as for the operation of the

support services.

2-The municipal council of youth may request the ceding of space to the Chamber

Municipal for organization of activities and hearing of entities.

Article 29.

Advertising

The municipality shall make available the access of the municipal youth council to its

municipal bulletin so that this one can publish its deliberations and publicize its

initiatives.

Article 30.

Site in the Internet

The municipality should make a page available on its website at the Internet to the city council

of the youth so that the latter can keep up-to-date information about their composition,

competences and functioning and disseminate the contents referred to in the previous article.

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CHAPTER VII

Final and transitional provisions

Article 31.

Regulation of the municipal youth council

The municipal assembly approves the regulation of the respective municipal council of

youth, from which they must appear in the provisions establishing the organ in each municipality,

as well as the remaining standards regarding their composition and competences, in the terms of

present law.

Article 32.

Internal Rules of the municipal youth council

The municipal youth council approves the respective internal regiment of which they must

record the operating standards that are not provided for in the Code of

Administrative Procedure and in this Law.

Article 33.

Transitional arrangements

1-The rules of operation of the existing municipal youth councils at the date of

entry into force of this Law shall be subject to adaptation within the maximum period of six

months.

2-The municipalities that at the date of entry into force of this Law shall not meet

endowed with a municipal youth council must proceed to their institution, in the

terms of this Act, within the maximum period of six months.

3-The entities represented in the municipal youth councils shall proceed to the

designation of its representatives within 30 days after the institution or adaptation of the

municipal youth councils, as the case may be.

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Article 34.

Entry into force

This Law shall come into force on the first day of the month following that of its publication.

The Deputies,