Establishes The Guarantee Of Intercomunicabilidade Between Teachers From The Autonomous Regions With The Rest Of The National Territory

Original Language Title: Consagra a garantia de intercomunicabilidade entre os docentes provenientes das Regiões Autónomas com o restante território nacional

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244497a4e4331594c6d527659773d3d&fich=ppl234-X.doc&Inline=false

DRAFT law No. 234/X RESOLVES to SUBMIT to Parliament the DRAFT LAW that ESTABLISHES the guarantee of INTERCOMUNICABILIDADE BETWEEN TEACHERS FROM the AUTONOMOUS REGIONS with the REST of the NATIONAL TERRITORY during the term of the Decree-Law No. 1/98, 2 January, which technical school formalized the status of the teaching career (ECD) of the kindergartners and teachers of Basic and secondary education , ran an ECD covering all teachers in effective implementation of functions in educational establishments or public education, located throughout the national territory (Mainland and autonomous regions). In this way, that ECD was identical in mainland Portugal and the autonomous region of Madeira. In the autonomous region of the Azores, ran the same status, with the final adjustments laid down by Regional Legislative Decree nº 28/2006/A, of 8 August. During this period the intercomunicabilidade of teachers between the autonomous regions of Madeira and the Azores and the Continent was permanently assured and assured. With the repeal of Decree-Law No. 1/98, 2 January and the entry into force of Decree-Law No. 15/2007, of 19 January, ECD has been established whose scope is limited only to teachers who exercise functions in public educational establishments depending on the Ministry of education. Stayed that way from outside public establishments of education in Regional Departments of education dependence of the autonomous regions of Madeira and the Azores. For this reason, the autonomous regions of Madeira and the Azores, approved and made already come into force, two own statutes, established respectively in the Regional Legislative Decree nº 6/2008/M, of 25 February and in the Regional Legislative Decree nº 21/2007/A, of 30 August. It is noted that in the ECD of the autonomous region of Madeira is an open system that allows the communicability of the professors of the remaining national space. Thus, in paragraph 3 of article 37 of the Regional Legislative Decree nº 6/2008/M, of 25 February, is determined that teachers from the Mainland and the autonomous region of the Azores are positioned in the teaching career, safeguarding the index and rank that were 2 keepers of your success in the region. In ECD of the autonomous region of the Azores noted that nothing is mentioned about this matter. This situation can infer the following: teachers from the Mainland and the autonomous region of the Azores may freely compete on equal terms, without 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, due to the existing legal vacuum, it is not guaranteed that teachers from the Mainland and the autonomous region of Madeira can do on equal terms. In the contest for the Continent, pursuant to Regional Legislative Decree nº 6/2008/M, of 25 February, is sealed the possibility of teachers from the autonomous region of Madeira can compete on equal terms and without loss of professional rights however acquired. With regard to teachers from the autonomous region of the Azores, that possibility may or may not be guaranteed as a result of the omission cool about that matter. We have a nice scenario, that can provide differentiated treatments, unjustified and therefore unfair to teachers from the Azores and Madeira who wish to join the teaching career of the continent. Thus, the present Bill to Parliament aims to devote to guarantee intercomunicabilidade of teachers from the autonomous region of Madeira and the Azores with the Continent, helping in this way the principle of territorial cohesion is a reality and that any ambiguity and injustice emerging from the current legal framework are definitely eliminated. The procedures were observed as a result of law No. 23/98 of 26 May. Thus, the Legislative Assembly of the autonomous region of Madeira under f) of paragraph 1 of article 227 of the Constitution of the Portuguese Republic and b) of paragraph 1 of article 37 of the administrative procedure should apply political Status of the autonomous region of Madeira, approved by law No. 31/91, of June 5, with the amendments introduced by law No. 130/99 , August 21 and no. 12/2000, of 21 June, the Assembly of the Republic the following Bill: 3 article 1 Subject Teachers and Educators, contractors or belonging to tables of teaching staff of the public network of the autonomous regions of Madeira and the Azores, the opponents can be competition for teaching staff in the rest of the national territory , on equal terms with the teachers to provide service on the continent, regardless of whether they have carried out, or not, the evidence of evaluation of knowledge and skills for the teaching career, without loss of any rights and benefits professionals however acquired in both regions. Article 2 entry into force this law shall enter into force on the day following your publication. Adopted in Plenary Session of the Legislative Assembly of Madeira on October 29 2008.

The PRESIDENT of the LEGISLATIVE ASSEMBLY of MADEIRA, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jose Miguel Olive Garden of Marie 4 STATEMENT 1-Contents published in Diário da República Establishes the guarantee of intercomunicabilidade between teachers from the autonomous regions with the rest of the national territory.
2-Summary of the content of the project the present law aims to guarantee the intercomunicabilidade between teachers from the autonomous regions with the rest of the national territory.
3 – need for form of draft law to Parliament to guarantee intercomunicabilidade can only be guaranteed with a law passed by the Assembly of the Republic, once the problem arises with teachers having provided service in the autonomous regions plan to transfer to an establishment situated in Portuguese territory. 4 – evaluation of financial resources involved in the Sumerian diploma and by your nature not result new financial burden for the region.
5 – impact assessment arising from the application of this project once approved, this legislation ensures the intercomunicabilidade between teachers from the autonomous regions with the rest of the national territory, and thus can be opponents the competition for teaching staff in the rest of the national territory, on equal terms with the teachers to provide service on the continent, regardless of whether they have carried out, or not, the evidence of evaluation of knowledge and skills for the teaching career without loss of any rights and benefits professionals however acquired in both regions.