PROPOSED LAW NO. 234 /X

RESOLVES TO PRESENT TO THE ASSEMBLY OF THE REPUBLIC THE PROPOSED LAW THAT ENSHRINES THE GUARANTEE OF INTERCOM-NESS BETWEEN

LECTURERS COMING FROM THE AUTONOMOUS REGIONS WITH THE REMAINING NATIONAL TERRITORY

During the duration of the Decree-Law No. 1/98 of January 2, which

formalized the Status of Docent Carrier (ECD) of Childhood Educators and Teachers of Basic and Secondary Teaching, vigorated an ECD that

covered all lecturers in effective exercise of functions in education or public education institutions located throughout the national territory (Continent and Autonomous Regions). In this way, that ECD

was identical on the continent and the Autonomous Region of Madeira. In The Autonomous Region of the Azores, the same Statute has been established, with the final adaptations enshrined by the Regional Legislative Decree No. 28 /2006 / A, of August 8.

In that period the intercommunicability of lecturers between the Autonomous Regions of Madeira and the Azores and the Mainland has been permanently

guaranteed and assured.

With the revocation of Decree-Law No. 1/98 of January 2 and the entry into force of the Decree-Law No. 15/2007 of January 19, an ECD has been instituted

whose scope is restricted solely to the lecturers performing duties in the public educational establishments in the dependence of the Ministry of Education. They were thus left out the public establishments of education in the

Dependence of the Regional Secretaries of Education of the Autonomous Regions of Madeira and the Azores.

For this reason, the Autonomous Regions of Madeira and the Azores, approved and made already entry into force, two Statutes of their own, respectively, enshrined in the Regional Legislative Decree No. 6/2008/M, 25 of

February and in the Regional Legislative Decree No. 21 /2007 / A, of August 30.

It is found that in the ECD of the Autonomous Region of Madeira is

envisioned an open system that allows the communicability of the lecturers of the remaining national space. Thus, in paragraph 3 of Article 37º of the Regional Legislative Decree No. 6/2008/M of February 25, it is determined that the lecturers

coming from the Mainland and the Autonomous Region of the Azores are positioned in the teaching career, safeguarding the index and step of which they were

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holders at the date of their provement in the Region. In the ECD of the Autonomous Region of the Azores it is found that nothing is referred to in this matter.

From this situation can-be infers the following: the lecturers coming

of the Mainland and the Autonomous Region of the Azores, they can freely compete in equal circumstances, with no loss of rights to join the teaching career in the Autonomous Region of Madeira.

In the contest for the teaching career of the Autonomous Region of the Azores, fruit of the existing legal vacuum, it is not guaranteed that the lecturers from the

Continent and the Autonomous Region of Madeira can do so in equal circumstances.

In the contest for the Continent, by virtue of the provisions of the Decree

Legislative Regional No 6/2008/M of February 25, the possibility of the lecturers coming from the Autonomous Region of Madeira to be able to compete in equal circumstances and without loss of the rights

professionals in the meantime acquired. For the lecturers coming from the Autonomous Region of the Azores, that possibility may be or is not guaranteed,

as a result of the legal omission on that matter.

We thus have a legal scenario, which can propitiate differentiated, unwarranted treatments and for this unfair reason to the lecturers

coming from the Azores and Madeira who want to join the teaching career of the Mainland.

Thus, the present proposed law to the Assembly of the Republic aims to enshrine the guarantee of intercommunicability of the lecturers coming from the Autonomous Region of Madeira and Azores with the Mainland, contributing to

that in this way the principle of territorial cohesion is an effective reality and that the possible ambiguities and injustices emerging from the current legal framework are definitely eliminated.

The procedures stemming from Law No. 23/98 of May 26 were observed.

Thus, the Legislative Assembly of the Autonomous Region of Madeira, pursuant to Article 227º (1) (f) of the Constitution of the Portuguese Republic and (b) of Article 37º (1) of the Politie-Adminis Regulations-

Autonomous Region of the Wood Autonomous Region, approved by Law No. 31/91 of June 5, with the amendments introduced by Law No 130/99 of August 21 and

12/2000 of June 21, presents to the Assembly of the Republic the following proposal for a law:

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Article 1º Subject

The Teachers and Educators, hired or owned by the

cadres of teaching staff of the public network of the Autonomous Regions of Madeira and the Azores, may be opposing the concourse for teaching staff in the remaining national territory, in equal circumstances with the

lecturers who provide service on the continent, regardless of whether they have carried out, or not, proof of assessment of knowledge and skills for

admission to the teaching career, with no loss of any professional rights and perks in the meantime acquired in the two Regions.

Article 2º

Entry into force

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

Approved in Plenary Session of the Legislative Assembly of Madeira

on October 29, 2008.

THE PRESIDENT OF THE LEGISLATIVE ASSEMBLY OF WOOD,

____________________________________________ José Miguel Jardim Olival de Mendonça

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JUSTIFICATION NOTE

1-Summary to be published in the Journal of the Republic Enshrines the guarantee of intercommunicability among the lecturers coming

of the Autonomous Regions with the remaining national territory.

2-Synthesis of Project content The present diploma aims to guarantee the intercom-ness between the

lecturers coming from the Autonomous Regions with the remaining national territory.

3-Need for the form of Draft Law Proposal to the Assembly of the Republic

The guarantee of intercommunicability can only be guaranteed with a Law passed by the Assembly of the Republic, as the problem arises

with the lecturers who having provided service in the Autonomous Regions intend to transfer to an Establishment located on the mainland

Portuguese. 4-Sumerian assessment of the financial means involved

Of the diploma and by its nature do not result in new financial burdens for the Region.

5-Impact assessment arising from the application of this Project

Once approved, this diploma guarantees intercommunicability among the lecturers coming from the Autonomous Regions with the remaining territory

national, and may thus be opposed to tender for teaching staff in the remaining national territory, in equal circumstances with the lecturers

providing service on the continent, regardless of whether they have carried out, or not, proof of assessment of knowledge and skills for admission to the teaching career, without loss of any professional rights and perks

meanwhile acquired in the two Regions.