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Establishes The Legal Regime For Combating Violence, Racism, Xenophobia And Intolerance In Sports Shows, In Order To Permit The Achievement Of The Same Safely

Original Language Title: Estabelece o regime jurídico do combate à violência, ao racismo, à xenofobia e à intolerância nos espectáculos desportivos, de forma a possibilitar a realização dos mesmos com segurança

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CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 249 /X

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Exhibition of Motives

Recognized the inadequacies of the current legislative framework, established by Law No. 16/2004,

of May 11, the Programme of the XVII Constitutional Government, in paragraph 2 (Generalize a

sports practice in safety) of your Chapter IV (More and better sport) took over as

priority measure " accentuate, in the guarantee of sport ethics, the combating of doping (...), well

how to strengthen the fight against corruption and violence in sport. "

For its part, Article 3 of the Law on Bases of Physical Activity and Sport (Law

n. 5/2007 of January 16) provides in its paragraph 1 that " Sports activity is developed

in observance of the principles of ethics, the defence of the sporting spirit, the truth

sports and the full training of all participants "and, in paragraph 2 that" lies with the

State to adopt the measures aimed at preventing and punishing anti-sports demonstrations,

specifically violence, doping, corruption, racism, xenophobia and any form

of discrimination. "

In order to realize this desideratum, the still National Council Against the

Violence in Sport to submit a proposal for amendments, proposal that which was

consubstantiated in Opinion No 1/CNVD/2007.

In the framework of the State Central Administration Restructuring Programme (PRACE), and

of the Organic Law of the Presidency of the Council of Ministers, passed by the Decree-Law

n. 202/2006, of October 27, was extinguished the Superior Council of Sport and provided for

establishment of the National Council of Sport. Still in the framework of the new organic structure, it was

equally extinct the National Council against Violence in Sport, being the respective

assignments integrated into the new National Council of Sport.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 249 /X

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Article 4 of the present Proposal for Law clarifies the Council for Ethics and Security in the

Sport (CESD) is the competent body to promote and coordinate the adoption of measures

of combating the manifestations of violence, racism, xenophobia and intolerance in the spectacles

sports, and it works with the National Council of Sport under the Decree-Law

n ° 315/2007 of September 18, in its current wording, which sets out the competences, the

composition and the functioning.

In the present Proposal for Law, the first measure to be observed is the enlargement of the

respective object, conds if it is to take into account the new realities, already mirrored in the

international instruments.

Thus, preventive and sanctionatory measures are established with the aim of eradicating the

sport violence, racism, xenophobia and intolerance in sporting spectacles, from

way to enable the achievement of the sporting performances safely and in accordance with

the ethical principles inherent in its practice.

It has therefore opted for an approach in which the positive aspects of sport are emphasized,

that is, ethical principles, recognizing in this way that violence, in all forms, is

a strange pathology to this same sport, but one that finds on this a stage of

excellence to develop and potentiate.

In addition to the accuracy of concepts and suppression of the gaps contained in the diploma still in force,

this proposal begins by settling on the submission of a set of preventive measures, the

implement either by the organisers of sports competitions or by their

promoters.

Out of these measures are highlighted those concerning the adoption of regulation of

prevention and control of violence, the compulsion of the existence of activity plans,

in which sports federations and professional leagues must contemplate measures and

programmes to promote good practice that safeguard ethics and sporting spirit

in the respective annual activities plans, in particular in the field of associated violence

to sport.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 249 /X

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Still in this scope, a set of measures to support the promotion of ethics are envisaged in the

sport, of which it stands out the stimulus to the parity presence on the benches in a way

ensure the family dimension of the sporting spectacle or support for the creation of " embassies

of adepts ".

Matter that earned particular attention was the one that is concerned with the organised groups of

adepts. Since soon, clarifying and typifying the situations in which support can be provided

to these and establishing themselves as a sanction for the failure to comply with these rules by the

promoter, as long as the situation is maintained, the realization of sports spectacles at the door

closed.

Also the registration and access of the organised groups of fans to the sports enclosure was

weighting, considering, among other measures, that in the games of the

sports competitions of a professional or non-professional nature deemed to be at risk

high, whether national or international, the promoters of the sporting spectacle do not

may give in or sell tickets to organised groups of adepts at number higher than

affiliated with those groups and identified in the register deposited with the promoters and the

CESD.

Likewise, also the conditions of access and permanence of the spectators to the precincts

sports have been revisited, providing for the immediate removal of the sports enclosure for

the prevaricators.

It is reformulated the sanctionatory framework, adept at the prevailing criminal standards and reinforce itself

the sanctionatory measures that arise from the illicit of mere social ordering.

On the other hand, in addition to the necessary regulation of CESD and other aspects

arising from this law, this proposal, in a logic of legislative simplification, repealed the

scattered legislation, however, welcoming some of its provisions, as is the case with those

on the qualification of the spectacles or on the police herds.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 249 /X

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It is further proposed that the aggravation of sanctions in relation to the nature of the victim. Thus, the

prison terms or fine should be aggravated to one third, in their minimum and maximum,

when the victims are sports agents or media organs

Should the Assembly of the Republic consider consultation with the Autonomous Regions and the Commission

National Data Protection.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Subject

The present law establishes the legal regime of combating violence, racism, xenophobia and the

intolerance in sporting spectacles, so as to enable the achievement of the same

with safety and in accordance with the ethical principles inherent in its practice.

Article 2.

Scope

This Law applies to all sports spectacles, with the exception of cases

expressly provided for in other legal provisions.

Article 3.

Definitions

For the purposes of this Act, it shall be understood by:

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a) "Ring or perimeter of safety", the space, defined by the security forces,

adjacent or outside to the sports enclosure, whose assembly or installation is of the

responsibility of the promoter of the sporting spectacle, understood among the

exterior limits of the enclosure or construction, endowed either with permanent sealing or

temporary want of pass vans with control of inputs and outputs, intended

to ensure the safety of the sporting spectacle;

b) 'Sports spectacle area', the surface where the show unfolds

sports, including the protection zones defined in accordance with the regulations

of the respective modality;

c) "Assistant to sports enclosure", the specialist private security watchdog,

directly or indirectly contracted by the promoter of the sporting spectacle, with

the functions, duties and training set out in the legislation applicable to the exercise of the

private security activity;

d) "Sports Complex", the set of land, constructions and facilities intended

the practice of one or more modalities, understanding the spaces reserved to the

public and to the parquement of viatures;

e) "Safety Coordinator", the person with appropriate technical training designated

by the promoter of the sporting spectacle as the operational officer for the

safety in the sports enclosure and safety rings for, in cooperation with the

security forces, the health entities, the National Civil Protection Authority

(ANPC) and the organiser of the sporting competition, to head and coordinate the activity

of the sports recorder assistants and volunteers, if they exist, as well as to provide for the

safety in the course of the sporting spectacle;

f) "Sporting Spectacle", event that encompasses one or several individual competitions

or collective, which takes place under the aegis of the same sports entity, elapse

from the opening to the closure of the sports enclosure;

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g) "Organised group of fans", the set of fans, affiliated or not in a

sports entity, having the object of support for clubs, associations or societies

sports;

h) "Interdiction of sports precincts", the temporary ban on realising in the enclosure

sports official sports spectacles in modality, age and categories

equal to those in which the phalts have occurred;

i) 'Promoter of the sporting spectacle', the associations of territorial scope, clubs and

sports societies, as well as the federations themselves and leagues, when they are

simultaneously organizers of sports competitions;

j) "Organiser of the sport competition", the federation of the respective modality,

concerning the non-professional or international competitions that are held under

the aegis of the international federations, the professional leagues of clubs as well as the

associations of territorial scope, in respect of their respective competitions;

l) "Realization of sporting spectacles behind closed doors", the obligation of the promoter

of the sporting spectacle to be held in the sports enclosure that is affective to you

official sports performances in modality, age ranking and equal categories

to those in which the falles have occurred, without the presence of public;

m) "Sports receptive", the place intended for the practice of sport or where this has

place, confined or delimited by walls, walls or sealings, as a rule with access

controlled and conditioned;

n) "ticket titles", the tickets, cards, invitations and too many documents that

allow entry into sports precincts, whatever their support.

CHAIR OF THE COUNCIL OF MINISTERS

Proposed Law No. 249 /X

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Article 4.

Council for Ethics and Security in Sport

For the purposes of this Act, the Council for Ethics and Safety in Sport (CESD) is the

competent body to promote and coordinate the adoption of measures to combat the

manifestations of violence, racism, xenophobia and intolerance in sporting spectacles, and

it works with the National Council of Sport under the Decree-Law No. 315/2007,

of September 18, in its current wording.

CHAPTER II

Safety measures and conditions of the sporting spectacle

SECTION I

Organisation and promotion of sports competitions

Article 5.

Regulations for the prevention of violence

1-The organiser of the sports competition approves internal regulations in respect of

prevention and punishment of the manifestations of violence, racism, xenophobia and intolerance in the

sports spectacles, under the law.

2-The regulations provided for in the preceding paragraph are subject to registration with the CESD,

which is a condition of its validity, and must be in accordance with:

a) The rules laid down by this Law and regulatory provisions;

b) The standards set out in the framework of international conventions on violence

associated with the sport to which the Portuguese Republic finds itself bound.

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3-The regulations provided for in paragraph 1 shall contain, among others, the following subjects:

a) Preventive procedures to be observed in the organization of the competitions

sports;

b) Typified enumeration of situations of violence, racism, xenophobia and intolerance

in sporting performances, as well as the corresponding penalties to be applied to the

sports agents;

c) Tramping of the procedure for the implementation of the sanctions referred to in the preceding paragraph;

d) Breakdown of the types of objects and substances provided for in the paragraph d) of paragraph 1 of the

article 22 para.

4-The sanctions referred to in paragraph b) from the previous number may consist of sanctions

disciplining, sporting and, when they focus on promoters of the sporting spectacle, in the

interdiction of sports precincts or in the obligation to conduct sports competitions to the

closed door.

5-A non-approval and the non-adoption of the regulations provided for in paragraph 1 by the organizer

of the sporting competition, as well as the adoption of regulation whose registration is refused

by CESD, imply, as long as the situation is maintained, the impossibility of the organiser of the

sports competition in question benefit from any kind of public support, and, should it be treated

of proprietor entity of sport utility status, suspension of the same.

Article 6.

Plan of activities

Sports federations and professional leagues are required to insert measures and

programmes to promote good practice that safeguard ethics and sporting spirit

in the respective annual activities plans, in particular in the field of associated violence

to sport.

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Article 7.

Safety and use regulations of public access spaces

1-The promoter of the sporting spectacle approves internal regulations in respect of

safety and use of public access spaces.

2-The regulations provided for in the preceding paragraph shall contain, among others, the following

measures, the implementation of which shall be preceded by concertation with the security forces, the

ANPC, the medical emergency services and the organiser of the sports competition:

a) Physical separation of adherents by reserving them distinct zones, in the competitions

sports of a professional or non-professional nature deemed to be at risk

high;

b) Control of the sale of ticket securities, with recourse to mechanical means,

electronic or electromechanical, in order to ensure the flow of input of the

spectators, preventing reuse of the ticket title and allowing detection

of false ticket titles, in the sporting competitions of a professional nature or

non-professional deemed to be of high risk;

c) Surveillance and control intended to prevent excess lotion in any area

of the enclosure, as well as to ensure the unimpeding of the access routes;

d) Installation or assembly of safety rings and the mandatory adoption of systems

of access control, so as to prevent the introduction of objects or substances

prohibited or likely to enable or generate acts of violence, in the terms

provided for in this Law;

e) Prohibition of sale, consumption and distribution of alcoholic beverages, substances

narcotic drugs and psychotropic substances in the interior of the ring or perimeter of

safety, as well as the adoption of a system of control of states of

alcoholemia and narcotic drugs and psychotropic substances;

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f) Surveillance of groups of fans, particularly in the offshoots to watch the

sports competitions of a professional or non-professional nature considered

of high risk, disputed outside the promoter's own sports precinct

sports spectacle;

g) Definition of the conditions for the exercise of the activity and the respective circulation of the means

of social communication in the sports enclosure;

h) Elaboration of an internal emergency plan, predicting and defining,

in particular, the performance of sports recorder assistants, if any.

4-The regulations provided for in paragraph 1 are subject to registration with the CESD, which is

condition of their validity.

5-A non-approval and the non-adoption of the regulations provided for in paragraph 1 by the promoter of the

sports spectacle, or the adoption of regulations whose registration is turned down by the

CESD, entail, as long as the situation is maintained, the impossibility of being carried out

sports spectacles in the respective sports enclosure, as well as the impossibility of

obtaining of operating leave or the immediate suspension of operation, depending on

the cases.

6-The sanctions mentioned in the preceding paragraph are applied by the Institute of Sport of

Portugal, I. P., on a proposal from CESD.

Article 8.

Duties of the promoters of the sporting spectacle

1-Without prejudice to other duties that are committed to them pursuant to this Law, and in the

other applicable legislation or regulation, are duties of the promoters of the show

sports:

a) Take responsibility for the safety of the sports enclosure and rings of

security, without prejudice to the provisions of Article 13;

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b) To encourage the ethical and sporting spirit of its fans, especially among the

organized groups;

c) Apply sanctionatory measures to their associates involved in disturbance of the

public order, preventing access to sports precincts on the terms and conditions

of the respective regulation or by promoting their expulsion from them;

d) To protect individuals who are the target of threats and the goods and belongings of these,

by facilitating the respective exit in a safe manner from the complex

sports, or its transfer to safe sector, in coordination with the

elements of the security force;

e) Adopt regulations for safety and use of public access spaces

of the sports enclosure;

f) Designate the safety coordinator, in the situations provided for in the law.

2-The provisions of the preceding paragraph, with the exception of your point f), applies, with due

adaptations, to the organisers of the sporting competition.

Article 9.

Partner prevention actions-educational

The organisers and promoters of sporting spectacles, in articulation with the State,

they should develop socio-educational prevention actions, in the areas of ethics in sport, of

violence, racism, xenophobia and intolerance in sporting spectacles,

specifically through:

a) Approval and implementation of plans and measures, in particular among the population in

school age;

b) Development of advertising campaigns that promote sportsmanship, the

ideal of clean play and integration, especially among the school-age population;

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c) Implementation of measures that aim to ensure conditions for full

family framing, specifically by the adoption of a ticket system

more favorable;

d) Development of actions that enable the framing and the convivid between

adepts;

e) Support for the creation of "embassies of fans" with a view to giving compliance to the

provisions of this Law.

SECTION II

From security

Article 10.

Coordinator of security

1-Compete to the promoter of the sporting spectacle, for sporting spectacles

integrated into the sports competitions of a professional or non-professional nature

considered to be of high risk, whether national or international, to designate a coordinator of

security.

2-The safety coordinator is the operational officer for the safety within the

sports enclosure and the safety rings, without prejudice to the skills of the organs of

criminal police.

3-The promoters of the sporting spectacle, before the start of each sporting season,

must communicate to the CESD the list of the safety coordinators of the respective precincts

sports.

4-Compete to the safety coordinator coordinate the activity of the recinth assistants

sports, with a view to, in cooperation with the organiser of the sport competition, with the

security force, with the ANPC and with the health entities, to ensure the normal course of the

sports spectacle.

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5-The safety coordinator meets with the entities referred to in the preceding paragraph, before

and after each sporting spectacle, and draws up a final report, which is delivered to the

organizer of the sport competition, with copy to CESD.

6-Failure to comply with the provisions of paragraph 1 implies, for the promoter of the show

sports, as long as the situation holds, the realization of sporting spectacles at the door

closed.

Article 11.

Policing of sports spectacles

The regime of policing and satisfaction of the respective burdens, carried out in an enclosure

sports, it appears in a decree-law.

Article 12.

Qualification of spectacles

1-As for sporting spectacles with an international nature, they consider themselves to be at risk

high those:

a) Which correspond to the final stage of a European or world championship, in the

modalities to be defined annually by the CESD, heard the security forces;

b) Let them be as such declared by the international organisations, at European level and

worldwide, of the respective modalities, on the basis of incidents occasioned by the

adherents of at least one of the teams or, yet, for exceptional reasons;

c) In which the fans of the visiting team presumably come to exceed 10% of the

capacity of the stadium or are in number equal to or greater than 2000 persons;

d) In which the sports enclosure is presumably fraught or in which the number

likely for spectators to be more than 30000 people.

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2-As for sporting spectacles with a national nature, they consider themselves to be at risk

high those:

a) That they are defined as such by the CESD, heard the security force

territorially competent;

b) Where the clearance in a competition by qualifiers is at issue in the two

final qualifiers of the final;

c) In which the number of spectators predicted to perdo 80% of the lotion of the enclosure

sports;

d) Where the likely number of adherents of the visiting team perses 20% of the number of

expected spectators;

e) In which the fans of the participating clubs hajam occasioned serious incidents in

previous games;

f) In which the sporting performances are decisive for both teams in the

conquest of a trophy, access to international evidence or change of step

divisionary.

3-Considerate of normal risk, sporting performances not covered by the

previous numbers.

Article 13.

Security forces

1-When the commander of the territorially competent security force considers that

the conditions are not met for the sporting spectacle to perform safely

communicates the fact to the Commander-General of the GNR or to the national director of the PSP, depending on the

case.

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2-The GNR Commander-General or the national director of the PSP, as the case, informs

the organiser of the sports competition on the security measures to be corrected and the

implement by the promoter of the sporting spectacle.

3-A failure to comply with the provisions of the preceding paragraph by the promoter of the show

sports means the non-realization of that spectacle, which is determined by the organiser

of the sporting competition.

4-The commander of the security force present at the site may, in the course of the show

sports, take on, at all times, the responsibility for safety in the sports enclosure

where the lack of this determines the existence of risk for people and facilities.

5-A The decision to evacuate, in whole or in part, from the sports enclosure lies solely with the

commander of the security force present at the site.

SECTION III

Organized groups of adherents

Article 14.

Support for organised groups of adherents

1-Only organised groups of supporters constituted as associations, pursuant to the

applicable legislation or in the framework of juvenile associativism, and registered as such together of the

CESD, they may be the subject of support, on the part of the promoter of the sports spectacle,

notably through the provision of facilities for use or ceding of facilities,

technical, financial or material support.

2-The technical, financial and material supports granted by the promoter of the show

sports to organised groups of fans are the subject of protocol, to be celebrated in each

sports season, which is made available, whenever requested, to the security force and to the

CESD.

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3-The protocol referred to in the preceding paragraph shall identify, in annex, the elements

which integrate the respective organized group, referred to in paragraph 1 of the following article.

4-It is expressly forbidden for support, on the part of the promoter of the sporting spectacle, to

organized groups of adherents adopting signs, symbols and expressions that incited to the

violence, racism, xenophobia, intolerance in sporting spectacles, or any

another form of discrimination, or which translate expressions of political ideology.

5-A provision of facilities for use or ceding of facilities to groups of fans

constituted in the terms of this Law is the responsibility of the promoter of the show

sporting, in this measure, the respective review in order to ensure that in these

no materials or objects prohibited or likely to be deposited

enabling or generating acts of violence, racism, xenophobia, intolerance in the spectacles

sports, or any other form of discrimination, or which translate manifestations of

political ideology.

6-Failure to comply with the provisions of this Article implies for the promoter of the show

sports, while the situations indicated in the previous figures will remain, the

realization of sporting spectacles behind closed doors.

7-A The sanction mentioned in the preceding paragraph is applied by the Institute of Sport of

Portugal, I. P., on a proposal from CESD.

Article 15.

Registration of organised groups of fans

1-Organised groups of supporters must have an organised and up-to-date register

of their affiliates, with an indication of the following elements:

a) Name;

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b) Number of the identity card;

c) Date of birth;

d) Photography;

e) Membership, should you treat yourself to underage; and

f) Morada.

2-The registration referred to in the preceding paragraph shall be carried out with the respective promoter of the

sports spectacle, which, in the five days following its reception, sends copy to CESD

that makes it available immediately to the security forces.

3-The registration referred to in paragraph 1 is updated whenever any change occurs

as to their affiliates, and may be suspended or annulled in the case of non-compliance with the

provisions of this Article.

4-The organised groups of fans must possess an up-to-date listing containing the

identification of all affiliates, registered in the terms of the previous numbers, present in the

shift in concrete to the sporting spectacle.

5-A Listing referred to in the preceding paragraph is made available, whenever requested, to the forces

of security and the CESD.

6-The elements responsible for organised groups of fans who do not comply with the

provisions in the previous figures become unable to access the interior of any

sports enclosure by decision of the Institute of Sport of Portugal, I. P., under proposal

of CESD, as long as the default situation holds.

7-In the event of a recidivism, CESD shall suspend, for a period not exceeding one year, or

annul the register referred to in paragraph 1.

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Article 16.

Access of organised groups of fans to the sports enclosure

1-The promoters of the sporting spectacle must reserve, in the sporting precincts that

are allocated to them, one or more specific areas for the affiliates of the organised groups of

adepts.

2-In the sporting competitions of a professional or non-professional nature considered to be

high risk, whether national or international, the promoters of the sporting spectacle

you cannot give in or sell tickets to organised groups of adherents in higher numbers to the

of affiliates in those groups and identified in the register referred to in paragraph 1 of the previous article,

owing to the record in each ticket yielded or sold the name of the filtered holder.

3-Only access and admission is allowed in the areas referred to in paragraph 1 to the carriers

of a special card issued for the purpose by the promoter of the sporting spectacle.

4-Failure to comply with the provisions of this Article implies for the promoter of the show

sports, while the situations indicated in the previous figures will remain, the

realization of sporting spectacles behind closed doors.

5-A The sanction mentioned in the preceding paragraph is applied by the Institute of Sport of

Portugal, I. P., on a proposal from CESD.

SECTION IV

Sports enclosure

Article 17.

Seating and physical separation of spectators

1-Sports precincts in which sport competitions are held in nature

professional or non-professional deemed to be of high risk, whether national or

international, are endowed with seated, individual and numbered seats equipped with

officially approved model seats.

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2-The provisions of the preceding paragraph shall be without prejudice to the installation of sectors duly

identified as buffer zones, which allow to physically separate the spectators and

ensure a speedy and effective evacuation of the sports enclosure, and may involve the restriction

of sale of tickets.

3-The sports precincts in which the games provided for in paragraph 1 are held are, still,

endowed with appropriate places for persons with disabilities and or incapacities,

notably, for people with conditioned mobility.

Article 18.

Videovigilance system

1-The promoter of the sporting spectacle, in which sport competitions are held

professional or non-professional nature deemed to be of high risk, whether national or

international, must install and maintain in perfect condition a videovigilance system

that allows visual control of the entire sports enclosure and respective ring or perimeter of

safety, endowed with fixed or mobile cameras with image recording and sound and printing of

photograms, which are aimed at the protection of persons and goods, with observance of the provisions of the

Law No. 67/98 of October 26.

2-A recording of image and sound, upon occurrence of a sports spectacle, is

obligatory, from the opening up to the closure of the sports enclosure, owing the

respective records to be kept for 90 days, deadline for which they are destroyed in

case of non-use in the terms of the applicable criminal and criminal procedural law.

3-In the places of videovigilance it is obligatory to affix, in a well visible location, of

a warning that verse " For your protection this site is found under surveillance of a circuit

closed television, proceeding to the recording of image and sound ".

4-The notice referred to in the preceding paragraph shall also be accompanied by information

oral and proper symbology and be translated into at least one foreign language.

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5-The videovigilance system provided for in the preceding paragraphs may, on the same terms,

be used by elements of the security forces.

6-The organiser of the sports competition can access the images recorded by the system of

videovigilance, for the uniquely disciplinary effects of sports foreseen in the present

law, and in respect of Law No. 67/98, of October 26, and shall, without prejudice to the application of the

n. 2, ensure the conditions of reservation of the records obtained.

Article 19.

Car parks

Sports precincts in which sport competitions are held in nature

professional or non-professional deemed to be of high risk, whether national or

international, must have suitably sized car parks to

the respective lotion of spectators as well as predicting the existence of parking for

persons with disabilities and or disabilities, in accordance with the legislation in force, to

the security forces, for the arbitration team and for the delegates of the respective

federation and league.

Article 20.

Access for persons with disabilities and or incapacities to sports precincts

1-Sports precincts must have special accesses for persons with disabilities and

or incapacities, pursuant to the terms set out in Decree-Law No. 163/2006 of August 8.

2-People with disabilities and or inabilities can access sports precincts

accompanied by the assistance dog, under the terms set out in the Decree-Law No. 74/2007, of

March 27.

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Article 21.

Measures of beneficiation

1-The Institute of Sport of Portugal, I. P., may determine, subject to the proposal of the CESD, or

through this, on the proposal of the security forces, that sports precincts in which to

contest for sports competitions of a professional or non-professional nature considered

of high risk, whether national or international, are the subject of beneficiation measures,

with a view to strengthening the safety and improvement of hygiossanitary conditions.

2-In the event of non-compliance with the provisions of the preceding paragraph, the Institute of Sport of

Portugal, I. P., may determine the interdiction of the enclosure for the intended purposes.

Article 22.

Conditions of access for spectators to the sports enclosure

1-Are conditions of access for spectators to the sports enclosure:

a) The possession of valid ticket title;

b) The observance of the standards of the " safety and use regulation of the

public access spaces ";

c) Not being under the influence of alcohol, narcotic drugs, psychotropic substances or

analogous effect products, accepting to submit to control tests and

depistage, to be carried out under the direction of the elements of the security force;

d) Do not transport or bring with you objects or prohibited substances or

capable of generating or enabling acts of violence;

e) Do not bear posters, banners, symbols or other signs with messages

offensives, of a racist or xenophobic character;

f) Not chanting racist or xenophobic chants or inciting to violence;

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g) Consent to the personal journal of prevention and safety, with the aim of detecting

and prevent the entry of prohibited or susceptible objects and substances from generating or

enabling acts of violence;

h) Consent to the collection of image and sound, pursuant to Law No. 67/98, of 26 of

October.

2-For the purposes of the point c) of the previous number, consider themselves under the influence of alcohol the

individuals who present an alcohol rate in the blood equal to or greater than 1.2 g/l,

applying for them, with due adaptations, procedures, tests, instruments and

modes of measurement provided for in the Road Code, approved by the Decree-Law No. 114/94,

of May 3, with the last wording given by the Decree-Law No. 113/2008 of July 1 to

the situations of alcoholemia and influence of narcotic drugs or psychotropic substances in the

drivers.

3-It is vetoed access to the sports enclosure to all the spectators who do not comply with the

provided for in paragraph 1, excepted the conditions set out in paragraphs b ), d) and e) of the same

number, when dealing with objects that are ancillary to persons with disabilities and or

incapacities.

4-Police authorities deployed for the sporting spectacle may submit the

control tests of alcohol or other toxic substances the individuals who

present evidence of being under the influence of them, as well as those that manifest

violent behaviour or that they endanger the safety of that same spectacle

sporting.

5-It is vetoed access to the sports enclosure, to those whose tests prove positive and the

all those who refuse to submit it to them.

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Article 23.

Conditions of permanence of spectators in the sports enclosure

1-Are conditions of permanence of the spectators in the sports enclosure:

a) Do not bear posters, banners, symbols or other signs with messages

offensive, violent, of a racist or xenophobic character, intolerant in the spectacles

sports, to any other form of discrimination, or which translate

manifestations of political ideology;

b) Do not obstruct the routes of access and evacuation, especially the emergency routes,

without prejudice to the use of the same by persons with disabilities and incapacities;

c) Do not practise violent acts, which inciting violence, racism or xenophobia, à

intolerance in sporting spectacles, to any other form of discrimination,

or that translate expressions of political ideology;

d) Do not outrage or lack the respect that is due to the national symbols, through

any means of communication with the public;

e) Not chanting racist or xenophobic chants or that inciting violence, intolerance

in sporting spectacles, any other form of discrimination, or that

translates expressions of political ideology;

f) Do not access the areas of access reserved or not intended for the public;

g) Not to move from one sector to another;

h) Do not pitch any objects in the interior of the sports enclosure;

i) Do not use fire-producing material, any other ingenious

pyrotechnicians or producers of analogous effects;

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j) Comply with the regulations of the sports enclosure;

l) Observe the safety conditions laid down in the previous article.

2-Failure to comply with the conditions laid down in points a), (c), (d), and), g) and h) of the number

previous, as well as in the points c) and d) of paragraph 1 of the preceding Article, implies the removal

immediate from the sports enclosure to be carried out by the security forces present at the site, without

injury of other sanctions eventually applicable.

3-Failure to comply with the conditions laid down in points b), f), g) and l) of paragraph 1, as well as in the

points a), b), e) and f) of paragraph 1 of the preceding Article, implies the immediate removal of the enclosure

sports to be carried out by the sports recon assistants present at the site, without prejudice

of other sanctions eventually applicable.

Article 24.

Special conditions of permanence of the organised groups of fans

1-The organised groups of fans can exceptionally use the following

materials or articles in the interior of the sports enclosure:

a) Instrument producers of noises, usually named "megaphone" and

"drums";

b) Pyrotechnic artifice of using fumogenic technical use, usually called " pot of

smoke ".

2-The provisions of the a) of the preceding paragraph lacks prior authorization from the promoter of the

sports spectacle, and this shall communicate to the security force.

3-The provisions of the b) of paragraph 1 lacks authorization and monitoring of the force of

security, in concordance with the ANPC and with the promoter of the sporting spectacle.

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Article 25.

Personal journal of prevention and safety

1-The sports enclosure assistant may, in the area defined for the control of accesses,

carry out personal prevention and safety magazines to the spectators, under the legislation

applicable to the exercise of private security activity, with the aim of preventing the

introduction into the sports enclosure of banned objects or substances, likely to

enable or generate acts of violence.

2-The sports recorder assistant shall carry out, before the opening of the doors of the enclosure,

a safety check to your entire interior, in such a way as to detect the existence of

objects or prohibited substances.

3-The security forces deployed for the sporting spectacle, whenever such if

show necessary, can proceed to magazines to the spectators, so as to avoid existence

in the enclosure of objects or prohibited substances or likely to enable acts of

violence.

4-A The magazine is mandatory with regard to the organised groups of fans.

Article 26.

Issuance and sale of ticket securities

1-In the ensuing precincts in which professional competitions and competitions are held not

professionals deemed to be of high risk, whether national or international, compete with the

organiser of the sports competition develop and use a uniform system of emission

and sale of ticket securities, controlled by computer means.

2-It is up to the organiser of the sporting competition the issuance of the ticket titles, owing

define, at the beginning of each sporting season, the characteristics of the ticket title and the limits

minimum and maximum of the respective price.

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3-The ticket securities shall contain the following mentions:

a) Sequential numbering;

b) Identification of the sports enclosure;

c) Entrance door to the sports enclosure, sector, queue and chair as well as the

plant of the enclosure and the place of access;

d) Designation of sports competition;

e) Sport modality;

f) Identification of the organiser and promoters of the sporting spectacle

actors;

g) Summary specification of the impediment facts of the access of the spectators to the

sports precinct and the consequences of non-compliance with the regulation of

safety and use of public access spaces.

4-The organiser of the sports competition can wake up with the promoter of the show

sports the issuance of the ticket titles.

5-The number of ticket titles issued pursuant to this Article shall not be

superior to the lotion of the respective sports enclosure.

6-A violation of the provisions of this Article implies, as long as the situation is maintained, the

suspension of the achievement of the sporting spectacle in question.

7-A The sanction mentioned in the preceding paragraph is determined by the Institute of Sport of

Portugal, I. P., on a proposal from CESD.

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CHAPTER III

Sanctionatory regime

SECTION I

Crimes

Article 27.

Distribution and sale of fake or irregular ticket securities

1-Who to distribute for sale or sell ticket titles for a sports show

in violation of the system of issuance and sale of ticket securities provided for in the previous article

or without having received express and prior permission from the organiser of the sporting competition, it is

punished with imprisonment for up to 1 year or with penalty of fine.

2-A attempt is punishable.

Article 28.

Irregular distribution and sale of ticket securities

1-Who to distribute for sale or sell ticket titles for a sports show,

so as to cause overcrowding of the sports enclosure, in part or in its whole, or with

intention to obtain, for themselves or for another person, advantage without that for this to be

authorized, is punished with imprisonment for up to 1 year or with penalty of fine.

2-A attempt is punishable.

Article 29.

Qualified damage in the scope of sports spectacle

Who, when inserted in a group of fans, organised or not, destroy, in whole or in

part, damage, disfigure or render non-usable public transport, installation or

equipment used by the public or from collective usefulness or other relief goods, is

punished with imprisonment of 1 a to 5 years, or with penalty of a fine of up to 600 days.

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Article 30.

Participation in rift in displacement to or from sports spectacle

1-Who, when travelling to or from sports spectacle, intervier or take part

in feud between two or more people that results:

a) Death or offence to the physical integrity of the contenders;

b) Risk of offence to physical integrity or danger to third parties; or

c) Alarm or restlessness among the population;

is punished with a prison sentence up to 3 years or with penalty of fine.

2-A The participation in rift is not punishable when it is determined by non-objectionable reason,

particularly when aiming to react against an attack, defend another person or separate the

contenders.

Article 31.

Pitch of objects or liquid products

Who, finding themselves inside the sports enclosure during the occurrence of a

sports spectacle, pitch objects or liquid product and create this danger mode

for the life or physical integrity of another person, is punished with imprisonment up to 3 years or

with penalty of fine.

Article 32.

Invasion of the area of the sporting spectacle

1-Who, finding themselves inside the sports enclosure during the occurrence of a

sports spectacle, break into the area of that spectacle or access areas of the enclosure

sports inaccessible to the general public, it is punishable with imprisonment up to 1 year or with

penalty of fine.

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2-If the ducts referred to in the preceding paragraph result in disturbance of the normal course of the

sports spectacle that involves the suspension, interruption or cancellation of the same, the

agent is punished with imprisonment for up to 2 years or with penalty of fine.

Article 33.

Offenses to physical integrity acting in group

Who, finding themselves inside the sports enclosure, during the occurrence of a

sports spectacle, acting in group, offending physical integrity of third parties, is punishy

with penalty of imprisonment up to 3 years or with penalty of a fine not less than 500 days.

Article 34.

Crimes against specific sports agents

1-If the acts described in Articles 29 to 31 are practiced so as to put in danger

life, health, physical integrity or the safety of practitioners, coaches, referees and

too many sports agents who are in the area of the sporting spectacle as well as the

members of the media organs in service in the same, the feathers in those

predicted are aggravated, at their minimum and maximum limits, up to a third.

2-A attempt is punishable.

Article 35.

Deprivation penalty of deprivation of the right to enter sporting precincts

1-For the conviction of the crimes provided for in articles 29 to 31, a measure of

interdiction of access to sports precincts for a period of 1 a to 3 years, if incidental punishment

more serious do not fit him by force of another legal provision.

2-A The application of the ancillary penalty referred to in the preceding paragraph shall include the obligation to

presentation to a judicial authority or the criminal police body in days and hours

pre-established, taking into account both their professional demands and the domicile of the agent.

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3-Does not count for the purposes of counting the time limit of the interdiction measure provided for in paragraph 1, the

time in which the agent is deprived of freedom by force of coaction measure

procedural, penalty or measure of security.

Article 36.

Interdiction coaction measurement of access to sports precincts

1-If there are strong indications of the practice of crime provided for in this Law, the judge may impose the

argued the measures of:

a) Interdiction of access or permanence to the sports enclosure within which to perform

sporting spectacles of the modality in which the facts occurred; and or

b) Prohibition of approaching any sports enclosure, during the 30 days

previous to the date of the realization of any sporting spectacle and on the day of

realization of the same.

2-To the extent of coaction referred to in paragraph a) of the previous number apply to deadlines

maximum provided for the preventive arrest provided for in the Code of Criminal Procedure.

3-A The coaction measure provided for in paragraph 1 may be cumulated with the obligation of the accused

to present yourself to a judicial authority or criminal police body in days and hours pre-

established, taking into account their professional demands and the place in which it inhabits.

Article 37.

Provision of work in favour of the community

If the agent should be applied for a prison sentence in a measure not more than 1 year, the court

replaced it with work provision in favour of the community, save opposition from that or if if

conclude that by this means they do not perform properly and sufficient the purposes of the

punishment, in the remaining terms provided for in the Criminal Code and in the Code of Criminal Procedure.

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Article 38.

Duty of communication

1-Courts communicate to the criminal police bodies the decisions that apply the

measures provided for in Articles 33 and 34.

2-Whenever requested, the criminal police bodies send the information to which it relates

the previous number to CESD.

SECTION II

Illicit from mere social ordering

Article 39.

Counter-ordering

1-Constitute counterordinance, for the purposes of the provisions of this Law:

a) The introduction, sale and consumption of alcoholic beverages in the ring or perimeter of

security;

b) The introduction, transportation and sale in the sports precincts of beverages or other

products contained in containers that are not made of light material not

blunt;

c) The introduction, sale and rental or distribution in the cushion sports precincts

that are not made of non-blunt lightweight material;

d) The practice of acts or incitement to violence, racism, xenophobia and the

intolerance in sporting spectacles, without prejudice to other applicable sanctions;

e) The use in the sports precincts of buzins powered by batteries, current

electrical or other forms of energy, as well as any producing instruments

of noises installed in a fixed form, with the exception of the sound installation of the promoter

of the sporting spectacle;

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f) The use of luminous devices type laser light, which, by its intensity, is

capable of causing physical damage or disrupting the concentration and performance of the

athletes;

g) The introduction or use of explosive or pyrotechnician substances or devices or

objects that produce similar effects, without prejudice to other applicable penalties;

h) The pitch of objects, outside the cases provided for in Article 29.

2-To the practice of the acts provided for in the preceding paragraph when practiced against persons with

Disability and or incapacity, the counterordinational regime provided for in Law n.

46/2006, of August 28.

Article 40.

Fines

1-Constitui counterordinate very serious, punishing with fine between € 2000 and € 3500, the

practice of the acts provided for in points a), d) and g) of paragraph 1 of the previous article.

2-Constitui counterordinate serious, punishing with fine between € 1000 and € 2000, the practice

of the acts provided for in points b), e) and f) of paragraph 1 of the previous article.

3-Constitui counterordinate lightweight, punished with fine between € 500 and € 1000, the practice of the

acts provided for in points c) and h) of paragraph 1 of the previous article.

4-Sports agents who, by any way, practise or incite to the practice of

acts framed in the previous article are punishable by high fines, in their amounts

minimum and maximum, for double the predicted in the previous figures, respectively.

Article 41.

Determination of the measure of the fine

1-A The determination of the measure of the fine, within its limits, is done in the function of the

gravity of the counterordinance, the fault, the economic situation of the agent and the benefit

economic that this has removed from the practice of counterordinance.

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2-A attempt and neglect are punishable by being the minimum and maximum limits of the fine

applicable reduced to half.

Article 42.

Ancillary sanction

1-A conviction for the counter-ordinance provided for in the paragraph d) of Article 39 (1) may

determine, depending on the seriousness of the offence and the fault of the agent, the application of the penalty

accessory access to sports precincts for a period up to 1 year.

2-The provisions of Article 35 (2) and (3) apply, with the necessary adaptations, to the

present article.

Article 43.

Instruction of the process and application of the fine

1-A The instruction of the counterordinance processes referred to in this Law shall compete with the

Institute of the Sport of Portugal, I. P.

2-A The application of the fines is the competence of the civil governors of the district, in the territory

of the continent, and, in the Autonomous Regions, of the member of the Regional Government responsible for the

area of sport.

3-A The application of the fines, within the scope of the sporting competitions of a professional nature,

is within the competence of the President of the Institute of Sport of Portugal, I. P., who shall

to notify the Ministry of the Internal Administration of the opening of the respective proceedings of

counterordinance, the filing and the application of the fines that the case couber.

4-The final decisions of the counterordinance processes initiated by the practice of acts

xenophobes or racists are reported by the Institute of Sport of Portugal, I. P., à

Commission for Equality and Against Racial Discrimination.

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Article 44.

Product of the fines

1-The product of the fines reverses in:

a) 60% for the State;

b) 20% for the security force that raises the auto;

c) 20% for the Institute of Sport of Portugal, I. P.

2-In The Autonomous Regions, the product of the fines reverses in:

a) 60% for the Autonomous Region;

b) 20% for the security force that raises the auto;

c) 20% for the regional service of the area of sport.

Article 45.

Subsidiary law

The processing of the counter-ordinations and the implementation of the corresponding penalties

in this Law are subject to the general regime of counter-ordinations.

SECTION III

Disciplinary disciplining

Article 46.

Disciplinary sanctions for acts of violence

1-A The practice of acts of violence is punished, as per the respective gravity, with the

following sanctions:

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a) Interdiction of the sports enclosure, and, well thus, the loss of the sporting effects of the

results of the sporting competitions, namely the titles and the apurings,

that are related to the acts that have been practiced and, still, the loss, total or

partial, of points in the sports classifications;

b) Realization of sports performances behind closed doors;

c) Fine.

2-The penalties provided for in the paragraph a) of the previous number are applicable, depending on the severity

of the acts and their consequences, to clubs, associations and sports societies

actors in the respective sports spectacle whose partners, fans or supporters,

practise one of the following offences:

a) Aggression on sports agents, elements of the security forces in service,

safety coordinator, sports precinct assistants, as well as all the

persons authorized by law or by regulation to remain in the area of the

sporting spectacle that justifiably take the referee not to start or

restart of the sporting spectacle or even give it for finning ahead of time

regulatory;

b) Encroachment of the area of the sporting spectacle which is justified in a justified way to the start

or completion of the sporting spectacle;

c) Occurrence, before, during or after the sporting spectacle, from aggressions to persons

referred to in para. a) , which prove lesions of particular gravity, either by their

nature, both for the time and degree of disability.

3-A The sanction of carrying out sports spectacles behind closed doors is applicable to the

entities referred to in the previous number whose partners, adherents or sympathisers, practice

one of the following offences:

a) Aggressions on the persons referred to in para. a) of the previous number;

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b) Occurrence of disturbances or encroachment of the sporting spectacle area which

provoat, in an unwarranted manner, the delay in the beginning or restart of the show

sports or lead to its non-definitive interruption;

c) Aggressions on the spectators or on the elements of the media,

within the sports enclosure, before, during or after the sporting spectacle, which

determine lesions of particular gravity, either by their nature or by the time of

disability.

4-Without prejudice to the penalties provided for in the preceding paragraphs, the penalty of fine shall be imposed

on the terms set out in the regulations of the organisers of the sports competition or the

promoters of the sporting spectacle when the practice of the following offences is checked:

a) Aggressions provided for in paragraph c) of the previous number that do not review special

gravity;

b) The practice of threats and or coerson against the persons or entities referred to in the

a) of the previous number;

c) Occurrence of disturbances that provoat, unreasonably, the delay in the beginning or

restart of the sporting spectacle or lead to its non-definitive interruption.

5-If the situations provided for in the preceding paragraph result in damage to the infrastructures

sports that jeopardize the conditions of safety, the sports enclosure remains

interstated for the period necessary to the repose of them.

Article 47.

Other sanctions

1-The promoters of sporting spectacles that violate the provisions of Articles 19 and 21.

incur disciplinary and pecuniary sanctions, which must be applied by the respective

federation and professional league, pursuant to the respective regulations.

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2-We shall also incur the said penalties for promoters issuing securities of

ingress in violation of the provisions of Article 26 (3) and 5.

Article 48.

Disciplinary procedure

1-The penalties provided for in the paragraphs a) and b) of Article 46 (1) can only be applied

upon the introduction of disciplinary procedure to be carried out by the organiser of the

sports competition.

2-The disciplinary procedure referred to in the preceding paragraph starts with the reports of the

arbitrator, security forces, security coordinator and the organizer's delegate

of the sporting competition.

3-A competent body to apply for interdiction or spectacle sanctions

sports at the closed door graduates the penalty to be applied for a period of one to five

sports performances, implying recidivism in the same sporting epoch the

aggravation of the sanction for at least double the previous sanction.

Article 49.

Realization of competitions

In the case of interdiction of the sports precincts, the sporting competitions that the promoter

of the interdicted sports spectacle would be carried out as visited carry out in an enclosure to

indicate, by the federation or by the professional league, depending on whether they are respectively

professional or non-professional sport competition, and in the terms of the regulations

adopted.

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CHAPTER IV

Final and transitional provisions

Article 50.

Deadlines for the implementation of certain measures

1-It should occur until the beginning of the time of 2009-2010:

a) The adoption of the regulations laid down in Article 5 by the organiser of the competition

sports;

b) The fulfillment of the provisions of Article 15 by the organised group of supporters;

c) The installation of the videovigilance system provided for in Article 18, by the promoter of the

sports spectacle.

2-To the promoters of the sporting spectacle who obtain the right to participate in

sports competitions of a professional nature, by ascent step or by any

another procedure provided for in regulatory standards of the competitions, the deadline for whether

adept at the provisions of this Law shall be two years, counted from the beginning of the time

sports in which that right is obtained.

Article 51.

Default

The promoters of the sports show which, fining the deadlines referred to in the previous article,

do not comply with the requirements in this forecast, they are inhibited from holding any competition

sports of a professional nature.

Article 52.

Abrogation standard

It is repealed Law No. 16/2004 of May 11 and Article 6 of the Decree-Law No 238/92 of 29

of October.

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Article 53.

Entry into force

This Law shall come into force 30 days after the date of its publication.

Seen and approved in Council of Ministers of November 7, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs