Approving The Organic Law Of The Armed Forces Organization

Original Language Title: Aprova a Lei Orgânica de Bases da Organização das Forças Armadas

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449304e5331594c6d527659773d3d&fich=ppl245-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 245/X/4th explanatory statement the reorganization of the upper structure of national defense and the armed forces, set out as a priority in the Government's Program and also provided for the major Options of the plan for the period 2005 to 2009, is essential in view of the need to adapt the institutional frameworks and decision-making processes and resource management to the growing complexity of defence policies and and safety of the missions of the armed forces. It becomes therefore essential to achieve reform of the model of organization of the national defence and Armed forces, in order to restructure and optimize the conditions for operational command and control in the missions of the armed forces, in particular in the perspective of joint use of forces and their interoperability. Competes for the need of reorganization and rationalization measures implementation of structures, personnel and management of resources, restructuring the State's central administration, established in the resolution of the Council of Ministers No. 124/2005, de 4 de Agosto. The organic law of the Armed Forces Organization, abbreviated designated LOBOFA, approved by law No. 111/91, of 29 August, and amended by law No. 18/95, of 13 July, is an instrument that requires updating. In this sense, the present Bill passes to include military principles and concepts, as well as the hierarchical and operational decision-making framework of the armed forces, PRESIDENCY of the COUNCIL of MINISTERS 2 including command structures in a State of war and for the fulfillment of the set tasks that fit to the armed forces, as well as other issues relevant to your organization , and discipline. In the operational plan, the solutions enshrined in this Bill are designed to ensure the best conditions for the employment of military forces, including the new international missions through the new organisation of staff-General of the armed forces, including the Joint Staff and operational command Set. The aim is to improve operational response capacity, in line with the new requirements of employment of forces, conditions essential to ensure an increasing ability of projection, or in autonomous missions in international missions. Following the guidelines for the implementation of the reorganization of the upper structure of the national defence and Armed forces, expressed in the Council of Ministers Resolution No. 39/2008, of 28 February, this proposal of law thus ensure proper coordination and consistency with the solutions defined. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: organic law of Bases of the Organization of the armed forces chapter I General principles article 1 1 armed forces – the Portuguese armed forces are an essential pillar of national defence and the structure of the State whose mission is essential to ensure the military defense of the Republic.

PRESIDENCY of the COUNCIL of MINISTERS 3 2-Armed Forces comply with the competent organs of sovereignty, in accordance with the Constitution and the law, and integrate the direct administration of the State, through the Ministry of national defense. 3 – the organs of the State directly responsible for national defense and the armed forces are the following: a) President of the Republic; b) Assembly of the Republic; c) Government; d) Superior Council for national defence; e) Supreme Military Council. 4-the Minister of national defence is politically responsible for the preparation and implementation of the military component of the national defence policy, the administration of the armed forces and results of your job. 5-other than those referred to in the preceding paragraphs, the organs of the State directly responsible for the armed forces and the national defence military component are as follows: the) Council of Chiefs (CCEM); b) Chief of staff General of the armed forces; c) chiefs of the Navy, army and air force.



PRESIDENCY of the COUNCIL of MINISTERS article 2 4 Operation 1-armed forces military defense of the Republic, guaranteed by the State is guaranteed exclusively by the armed forces. 2-the functioning of the armed forces is directed towards their permanent preparation, with a view to their action to deal with any kind of aggression or external threat. 3-the activities of the Armed Forces developed in compliance with the Constitution and the law on national defence policy defined and approved national defense strategic concept, and in order to meet the standards and guidelines laid down in the following documents: the) military strategic concept; b) Missions of the armed forces; c) system of forces; d) device. Article 3 1 military strategic concept – the military strategic concept, arising from national defence strategic concept approved, defines the major conceptual lines of action of the armed forces and the General guidelines for its preparation, and job support. 2 – the military strategic concept is elaborated by the Council of Joint Chiefs of staff, approved by the Minister of national defence and confirmed by the Supreme Council of national defense.

PRESIDENCY of the COUNCIL of MINISTERS 5 article 4 1 armed forces Missions – under the Constitution and the law, it is up to the armed forces: a) perform all the necessary military missions to ensure the sovereignty, national independence and territorial integrity of the State; b) participate in international military missions necessary to ensure that the international obligations of the State under military, including humanitarian and peace missions undertaken by international organisations of which Portugal is part; c) Perform missions outside the national territory, or multinational, autonomous framework aimed at ensuring the safety of life and the interests of the Portuguese; d) Run the military-technical cooperation, within the framework of national policies of cooperation; e) Collaborate with the forces and security services in the field of internal security; f) Cooperate with the forces and security services with a view to the fulfilment of their missions in combat conjugate to assaults or transnational threats; g) Collaborate in civil protection missions and tasks related to the satisfaction of basic needs and improving the quality of life of the people. 2-the armed forces can be used, in accordance with the Constitution and the law, when the State of siege or emergency.

PRESIDENCY of the COUNCIL of MINISTERS 6 3 – The specific missions of the armed forces arising from the missions set out in the preceding paragraphs shall be adopted by the Supreme Council of national defense, on a proposal of the Minister of national defence, based on a project of the Council of Joint Chiefs of staff. Article 5 force System and device of 1 forces-forces system defines the types and quantity of forces and means that must exist for the accomplishment of the missions of the armed forces, taking into account their specific skills and the adequate operational complementarity of means. 2-the system of forces consists of: a) an operational component, encompassing the set of forces and means related to each other in a perspective of integrated operational job; b) A fixed component, encompassing the set of organs and essential services to the Organization and general support of the armed forces and its branches. 3-the system of forces must, within the time limits allowed in the General plans of defence or contingency plans, have the capacity to reach the levels of strength or means them considered. 4-the forces system is approved by the Board of Governors of national defense, on a proposal of the Minister of national defence, based on a project of the Council of Joint Chiefs of staff. 5-the force device is approved by the Minister of national defence, on a proposal of the Council of Joint Chiefs of staff.

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7 article 6 General principles 1-Organization the Organization of the armed forces has as objectives the provision of efficient and effective operational employment of the forces in carrying out tasks assigned. 2 – the Organization of the armed forces shall be governed by the principles of efficiency and rationalization, and shall in particular ensure: a) the optimum relationship between the operational component of the force system and the fixed component; b) articulation and complementarity between the EMGFA and the branches, avoiding unnecessary duplication and creating joint bodies, inter-ramos or to support more than one branch where objective reasons the advise; c) the correct use of human potential, military or civilian, promoting the full and proper use of permanent frames and ensuring proper proportion and articulation between the various forms of service provision. 3-respect for its fundamental mission, the Organization of the armed forces must allow the transition to the State of war take place with minimal changes possible. Article 7 1 armed forces Structure – the structure of the armed forces includes: a) the staff-General of the armed forces; (b)) The three branches of the armed forces, i.e., Navy, army and air force;

PRESIDENCY of the COUNCIL of MINISTERS 8 c) military command organs of the armed forces. 2-The military command organs of the armed forces are the Chief of the General staff of the armed forces and the Joint Chiefs of the branches. CHAPTER II Organization of the armed forces general staff section I General article 8 armed forces General staff of the armed forces 1-the General staff of the armed forces, known as EMGFA for short, mission planning, directing and controlling general employment of the armed forces in carrying out tasks and operational tasks that these incumbent. 2-the EMGFA has a mission to ensure the functioning of the Institute for higher studies and Military Hospital of Armed Forces. 3-the EMGFA is the headquarters of the armed forces, comprising the set of structures and capabilities to support the Chief of the General staff of the armed forces in the exercise of its powers. Article 9 Organization of staff-1 armed forces – the EMGFA is headed by the Chief of General staff of the armed forces and comprises: a) the Joint Staff;

PRESIDENCY of the COUNCIL of MINISTERS 9 b) joint operational command; c) Operating Commands joint nature of the Azores and Madeira; d) commands-heads who, in a State of War eventually set up depending on the Chief of General staff of the armed forces; and Information Centre) and Military Security; f) General support bodies. 2-under the EMGFA are still as organs in direct dependence of the Chief of General staff of the armed forces and governed by its own legislation: a) the Institute of Military Studies; b) the armed forces Hospital. 3-the staff Set, designated by EMC for short, is the Director of planning and support for the decision of the Chief of the General staff of the armed forces, including military and strategic foresight joint military doctrine for the military component of external relations. 4-the joint operational Command, abbreviated known as COC, endowed with the necessary functions of command, control, communications and information systems, is the permanent body for the exercise by the Chief of General staff of the armed forces, the operational-level command of all the forces and means of operating component in all kinds of situations and the specific missions of the armed forces taken together with the exception of particular missions approved, regulated by legislation own missions and other operational missions that are assigned to the branches.

PRESIDENCY of the COUNCIL of MINISTERS 10 5-the COC ensures also the connection with the forces and security services and other State organizations relating to security and defence and Civil Protection, within the framework of its mission. 6-for the purposes set out in paragraphs 4 and 5, the COC is functionally and continuously, with the component commands of the branches, including the administrative and logistics coordination tasks, without prejudice to the powers of their own chiefs of the branches. 7 – The Operational Commands of the Azores and Madeira, as indicated, respectively, by COA and with, are organs of command and control of joint nature, dependent for employment, the COC, with the aim of making the joint operational planning, training and operational employment of forces and means assigned to them. 8-In a State of war, can be formed, depending on the Chief of General staff of the armed forces, commands-heads with the objective of enabling the conduct of military operations, with the respective commanders of competences, strengths and means granted to them by letter. 9 – the Centre of information and Military Security is responsible for the production of information necessary for the fulfilment of the missions of the armed forces and ensuring military security. 10-General support bodies ensure the logistic and administrative support necessary for the operation of the EMGFA.



PRESIDENCY of the COUNCIL of MINISTERS 11 SECTION II Chief of staff-General article 10 armed forces Chief of staff Gen. 1 – the armed forces Chief of staff General of the armed forces is the principal military advisor to the Minister of national defence and the Chief of the highest authority in the hierarchy of the armed forces. 2 – the Chief of the General staff of the armed forces is responsible for the planning and implementation of military strategy, operating continuously responding to the Government, through the Minister of national defence, the military response capability of the armed forces, notably by readiness, employment and Operating System Component support. 3-In situation arising from the State of war, the Chief of the General staff of the armed forces as operational commander, holds the highest authority for the exercise of operational command of the armed forces, being responsible for the use of all forces and means of Operating System Component forces, for carrying out tasks, external and internal plans. 4-in the exercise of operational command, referred to in the preceding paragraph, the Chief of the General staff of the armed forces has hierarchical authority over operational commands and exercises operational command of joint forces and national forces that are in your addiction, having as their direct subordinates, for this purpose, the commanders of those commands and forces.

PRESIDENCY of the COUNCIL of MINISTERS 12 5 – support and joint forces of the quotas and national forces referred to in the preceding paragraph it is up to the branches of the armed forces, depending on the respective Chiefs of General staff of the armed forces for this purpose. Article 11 Responsibilities of the Chief of the General staff of the armed forces 1 – it is incumbent upon the Chief of the General staff of the armed forces: a) Planning, directing and controlling the implementation of the strategy of military defense, superiorly approved, ensuring coordination between the political and strategic levels and strategic-operational, in close liaison with the Joint Chiefs of the branches; b) Ensure the direction and oversight of military operations to the strategic and operational levels; c) presiding over the Council of Joint Chiefs of staff, with a casting vote; d) develop strategic military foresight, particularly in the context of the transformation processes; e) Confirm the certification of the forces belonging to the operational component of the force system and ensure joint forces, assessing its state of readiness, their operational effectiveness and the ability to support, promoting the adoption of the corrective measures taken by; f) in the context of force planning, assessing the military situation, issue the directive forces planning, assess the suitability of the proposed military force, draw up the draft proposals for national forces, to proceed to the respective risk analysis and elaborate the draft objectives of national strength;

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13 g) within the framework of the military programming, draw up, under the directive of the Minister of national defence planning, the preliminary draft proposals of military programming law and law of military infrastructure, programming relating to EMGFA; h) Manage the systems of command, control, communications and military operational scope information, including their security and operational requirements and technical definition, in observance of the integrative policy established by the Ministry for the whole area of information systems and information and communication technologies (is/ICT) in the universe of national defence; I) direct information and Military Security of military and operational nature, for the benefit of the planning and conduct of missions assigned to the armed forces and of the actions necessary for ensuring military security, in conjunction with the Joint Chiefs of the branches, particularly in the aspects of standardization of their doctrine and procedures and the training of human resources; j) Coordinating, within the limits of their jurisdiction and under the guidance of the Minister of national defence, the participation of the armed forces abroad, including in relations with other countries or international military and other activities of a military nature, bilateral and multilateral plans, including the coordination of the participation of the branches of the armed forces in joint actions of military-technical cooperation commitments arising out of the relevant framework programmes coordinated by the Directorate-General of National Defence Policy;

PRESIDENCY of the COUNCIL of MINISTERS 14 l) Directing the action of military representatives in diplomatic representations abroad, without prejudice to their functional dependence of the Directorate-General of National Defence Policy; m) plan and direct the joint operational training and formulate guidelines for the following training in combined exercises; n) Driving the design and approval processes, ratification and implementation of the joint military doctrine and joint/combined, in conjunction with the chiefs of the branches; the) Driving the military higher education together, taught at the Institute of Higher Military Studies, in conjunction with the chiefs of the branches, in order to promote the doctrine and the joint military training of officers of the armed forces; p) Driving the hospital assistance provided by the Armed Forces Hospital, in conjunction with the chiefs of the branches, in compliance with health policies under military approved by Minister of national defence; q) Drive the fittings and accessories mounted on its dependence, namely practice management acts in respect of military and civilian personnel that integrates those organs, without prejudice to the competence of the Joint Chiefs of the military personnel concerned; r) perform duties fit within the military justice and administer discipline in the bodies of other dependents; s) Submit to the Minister of national defence on matters of a general nature specific fittings and accessories mounted on their dependence;

PRESIDENCY of the COUNCIL of MINISTERS 15 t) Propose the establishment of restrictions on the exercise of the right of ownership for neighbouring areas with organizations or military installations in its reliance on or of interest for national defense; u) Studying and planning the preparation of the transition from the military to the State of war, in particular with regard to the mobilization and military requisition and the form of participation of the non-military components of national defence in support of military operations, without prejudice to and in conjunction with the other relevant departments of the Ministry of national defence; v) Directing the operations covered by the preceding paragraph in a State of war, in the cases and in accordance with applicable law; x) Exert, in war or State of exception, the operational command of the security forces when, in accordance with the law, they are placed in their addiction. 2 – it is incumbent upon the Chief of the General staff of the armed forces, having heard the Council of Joint Chiefs of staff: a) develop plans for employment of forces, in accordance with the directives of the Government, and carrying out international coordination required to commitments in the multinational framework; b) prepare and submit to the approval of the Minister of national defence military defense plans and contingency plans; c) propose to the Minister of National Defence, the Armed forces on the job satisfaction of international commitments, in particular the military response options;

PRESIDENCY of the COUNCIL of MINISTERS 16 d) Ensure, with the Secretary-General of the internal security system operating on the joint cooperation between the armed forces and the forces and the security services for the purposes set out in paragraph 1(e)) and f) of paragraph 1 of article 4; and) within the military and programming under the directive of the Minister of national defence, to harmonize the draft proposal of law on military programming, refer the Supreme Military Council and after approved the law, follow the corresponding implementation, without prejudice to the specific competence of other bodies and services of the Ministry of national defence; f) give opinions on the draft annual budget of the armed forces in the aspects that have an impact on the operational capability of the forces; g) Propose the establishment and extinction of chiefs and commands joint forces; h) propose to the Minister of national defence the appointment and dismissal of the commanders of operational commands, the directors of the Institute of Higher Military Studies and Hospital of the armed forces and the Chief of the Information Center and Military Security; I) propose to the Government, through the Minister of national defence, the nominations and disclaimers that are formulated on its own initiative; j) propose to the Minister of national defence and readiness levels of forces support; l) define the conditions of employment of forces and means assigned to the operational component of the system of forces in carrying out tasks and tasks referred to in paragraph 1(e)), f) and (g)) of paragraph 1 of article 4; m) approve and ratify the joint military doctrine and joint/combined.

PRESIDENCY of the COUNCIL of MINISTERS 17 article 12 appointment of the Chief of staff-1-armed forces Chief of staff General of the armed forces is appointed and dismissed by the President of the Republic on the proposal of the Government, which must be preceded by the hearing, through the Minister of national defence, of the Council of Joint Chiefs of staff. 2-whenever possible should the Government begin the process of appointment of the Chief of the General staff of the armed forces at least one month before the vacancy of the position in order to allow currently immediate replacement of the right holder. 3-If the President of the Republic to fight the proposed name, the Government will present to you new proposal. Article 13 replacing the Chief of the General staff of the armed forces Chief of staff General of the armed forces is replaced in his absence or impediment, by the Chief of staff of the Branch Office. SECTION III branches of Armed Forces article 14 Branches of the armed forces the branches of the armed forces, i.e., Navy, army and air force, are primary mission participate, in an integrated manner, in the military defense of the Republic, in accordance with the provisions of the Constitution and the law, being essentially aimed at the generation, preparation and support of operational component of the PRESIDENCY of the COUNCIL of MINISTERS 18 National Forces system ensuring compliance with particular missions also adopted and other operational missions assigned to them, including those governed by its own legislation. Article 15 organisation of Armed Forces branches 1-For fulfilment of the respective missions, the branches are led by its Chief of staff and include: a) the staff; b) the organs of Central Administration and management; c) the component command; d) the Council; and inspection bodies); f) organs; g) the elements of the operating system component of national forces. 2-The staffs are planning bodies and decision support of their chiefs and can only assume functions of direction, control, and where there is no inspection organs with these skills. 3-The central organs of administration and management has functional and seek to ensure the direction and execution of essential areas or specific activities, in accordance with the guidelines above.

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19 4-component commands – air, land and naval-are intended to support the exercise of command of the chiefs of the branches, in order: a) the preparation, provision and support of forces and means of the respective operating system component forces and still comply with the respective particular approved missions and other operational missions assigned to them , including those governed by its own legislation, articulating itself functionally and continuously with the joint operational Command. (b)) the Administration and management of the units and organs of the fixed component placed on your direct dependency. 5-The Council bodies are intended to support the decision of the Chief of staff of the branch in special and important issues in preparation, discipline and administration of the business. 6-inspection organs are designed to support the exercise of the function of monitoring and evaluation by the Chief of staff. 7 – are the base for the training, support and general support in the business. 8-the elements of operating-system component forces are the forces and means the business intended for carrying out tasks of an operational nature. 9-the branches can still have other organs that integrate systems regulated by its own legislation, in particular the Maritime Authority System.



PRESIDENCY of the COUNCIL of MINISTERS IV SECTION 20 chiefs of the branches article 16 chiefs of branches 1-The chiefs of the Navy, army and air force command their branches and are the heads of higher military authority in its hierarchy, being the main contributors to the Minister of national defence and the Chief of the General staff of the armed forces in all matters specific to your business. 2-within the framework of the tasks assigned to the armed forces, in situation arising from the State of war, the chiefs of the branches are part of the operational command structure of the armed forces, as subordinate commanders of the Chief of the General staff of the armed forces, aimed at the permanent functional articulation of the respective component command with the joint operational Command. 3-The chiefs of the branches are still responsible for compliance with their particular missions approved and other operational missions assigned to them, including those governed by its own legislation. 4-in the situation referred to in the preceding paragraphs, and without prejudice to the generic skills of the Chief of staff-General of the armed forces and of the Council of Joint Chiefs of staff in the field of coordination and harmonization, the chiefs of staff of the Navy, army and air force are related directly to: PRESIDENCY of the COUNCIL of MINISTERS the 21) the Minister of national defence, in particular in the field of sustainable management of staff and careers , the day-to-day management of material resources, financial and infrastructure; b) Chief of staff General of the armed forces in matters related to the training of operational units, military intelligence, military higher education together, joint doctrine, military health and harmonization of the preliminary draft of the proposed law on military programming. Article 17 powers of the chiefs of branches 1-it is the responsibility of the chiefs of each branch, without prejudice to the provisions of article 11:) Drive, coordinate and manage their business; b) Ensure the generation, preparation, provision and support of forces and means of the respective branch; c) Certify the respective forces branch; d) exercising command of forces and means of the operational component of the system of national forces belonging to your business, such as subordinate commanders of the Chief of the General staff of the armed forces for operational activity and without prejudice to the specific tasks entrusted to them under the law, to the exclusion of joint forces and the quotas and national forces that are placed or constituted direct operational command of the Chief of the General staff of the armed forces While remain in this situation;

PRESIDENCY of the COUNCIL of MINISTERS and 22) Keep the Chief of the General staff of the armed forces permanently informed about the readiness and commitment of forces and means assigned to the operational component of the system of forces; f) Define specific operational doctrine of the appropriate branch joint military doctrine established; g) appoint officers for command functions, direction and leadership within their branch, notwithstanding that the matter has the law of national defence; h) Ensure the conduct of military-technical cooperation activities in the projects in which they are constituted as entities primarily responsible as its framework programmes coordinated by the Directorate-General of National Defence Policy; I) plan and execute, in accordance with established guidelines, operational training activities combined bilateral in nature. 2-it is the responsibility of the chiefs of the branches: a) to formulate and propose structural strategy of its business, its transformation and genetic strategy associated with the necessary weapons systems to its refit in cycle with the ministerial directives. b) present to the Chief of the General staff of the armed forces the positions and proposals of the respective branch in relation to issues of competence that military body; c) under the planning of forces and military equipment and infrastructure programming, to conduct the analysis and prepare the proposals regarding the respective branch;

PRESIDENCY of the COUNCIL of MINISTERS 23 d) Decide and sign the promotions of the officers of the respective branch to the rank of Colonel or captain-and-war; e) propose to the Council of Joint Chiefs of staff, in accordance with the law, the promotion to general officer and his generals officers branch; f) perform the duties fit within the military justice and administer discipline within their branch; g) proposing the establishment of restrictions on the exercise of the right of ownership for neighbouring areas with the respective branch organizations or facilities or of interest for national defense; h) Submit to the Minister of national defence General Affairs, branch-specific, not related to the responsibilities of the Chief of the General staff of the armed forces. Article 18 appointment of Chiefs of branches 1-The chiefs of the branches are appointed and removed by the President of the Republic on the proposal of the Government, which must be preceded by the hearing, through the Minister of national defence, the Chief of the General staff of the armed forces. 2 – the Chief of the General staff of the armed forces is pronounced, in accordance with the provisions of the preceding paragraph, after hearing of the Board of Governors of the respective branch. 3 – whenever possible should the Government begin the process of appointing the chiefs of at least one month before the vacancy of the position in order to allow currently immediate replacement of the right holder.

PRESIDENCY of the COUNCIL of MINISTERS 24 4-If the President of the Republic to fight the proposed name, the Government will present to you new proposal. Section V military Organs of Council article 19 Council of Chiefs 1-the Council of Joint Chiefs of staff is the principal military organ of a coordinator and has administrative responsibilities laid down in law. 2 – are members of the Council of Joint Chiefs of staff, the Chief of the General staff of the armed forces, who chairs and has a casting vote, and the chiefs of the branches, without prejudice to other military entities may be invited to participate in its meetings without voting rights. 3-the Council of Joint Chiefs of staff decide on: a) the drafting of the military strategic concept; (b)) the draft definition of the specific missions of the armed forces, the national forces and systems of military device; c) plans and reports of activities of information and military security in the armed forces; d) harmonisation of the preliminary draft of the proposed annual budget of the armed forces, to send the Supreme Military Council;

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25 e) harmonisation of the preliminary draft of the proposed law of military infrastructure programming; f) the criteria for the operation of military higher education set given in the Institute of Higher Military Studies in order to promote the doctrine and the joint military training of officers of the armed forces; g) the criteria for the operation of the Hospital of the armed forces; h) promotion to general officer and officers generals; I) Regiment. 4 – the Council of Chiefs give opinion on: the) proposals for definition of the strategic concept of national defence; (b)) the draft proposals of national forces and the preliminary draft proposal for a law on military programming; c) the doctrine and joint/combined joint military; d) acts fall within the jurisdiction of the Chief of the General staff of the armed forces lack your previous opinion; and any matter to be submitted) to the Minister of national defence, as well as about other than the Chief of the General staff of the armed forces may refer you on its own initiative or at the request of the chiefs of the branches. 5-the execution and the eventual spread of the deliberations of the Council of Joint Chiefs of staff compete to the Chief of General staff of the armed forces.

PRESIDENCY of the COUNCIL of MINISTERS article 20 superior Advice of 26 branches and similar bodies 1-In each of the branches of the armed forces there is a Board of Governors, chaired by the Chief of staff. 2-there are still classes advice on Armada, weapons and advice services in the army and air force specialty boards. 3-the advice referred to in the preceding paragraph comprise always elected members, which are never in less than 50%. 4-the composition, powers and mode of operation of the Board referred to in paragraph 2 are defined in law. SECTION VI common provisions article 21 1 – common provisions of the acts of the Chief of the General staff of the armed forces and the Joint Chiefs of staff of non-hierarchical appeal. 2-judicial processes relating to the action or omission of the organs of the Armed Forces in matters of discipline and personnel administration, respondent is the General staff of the armed forces or its business, as appropriate, being represented in court by lawyer or licensed in law with legal support functions, comprising or designated by the Chief of staff.

PRESIDENCY of the COUNCIL of MINISTERS 27 CHAPTER III the armed forces in a State of war article 22 Armed Forces in a State of war 1-In a State of war, the armed forces have a predominant role in national defense and committed all the resources necessary in support of military action and its implementation. 2-Declared War, the Chief of the General staff of the armed forces takes complete command of the armed forces, is responsible to the President of the Republic and the Government for the preparation and conduct of operations. 3-In a State of war, the Chief of the General staff of the armed forces shall exercise, under the authority of the President of the Republic and the Government, the complete command of the armed forces: a) either directly or through the commanders for the operational command, as deputy commanders, the Joint Chiefs of the branches; b) through the chiefs of branches for administrative and logistical aspects. 3-The chiefs of the branches respond in respect of the implementation of the directives and ensure the performance of their forces before the Chief of the General staff of the armed forces, depending on this in all aspects. 4 – the Council of Joint Chiefs of staff, at all times, the Chief of the General staff of the armed forces in the conduct of military operations and in the preparation of proposals for appointment of the commanders of the theatres and areas of operations.

PRESIDENCY of the COUNCIL of MINISTERS 28 5 – it is incumbent upon the Chief of the General staff of the armed forces present to the Minister of national defence, for a decision of the Higher Council of national defense, the draft definition of the theatres and areas of operations, as well as proposals for the appointment or dismissal of their commanders and of his letters. CHAPTER IV Appointments and promotions article 23 common rules regarding the appointment of Chiefs 1-the Chief of the General staff of the armed forces and the Joint Chiefs of the branches are named, between admirals, vice-almirantes, generals or Lieutenant-generals, in the situation of property for a period of three years, renewable for two years, without prejudice to the Faculty of exemption at any time and the exoneration for age limit. 2 – the military proposed for the posts of Chief of the General staff of the armed forces and chiefs of the branches, that matches the rank of Admiral, or four-star general, is from the date of the proposal of the Government, suspended the passage the age limit recently, extending the suspension, for the appointed, until the expiry of its mandate. Article 24 1 Appointments-appointments of officers to command positions in the armed forces, as well as the corresponding exemptions, by decision of the Chief of staff of the respective branch, without prejudice to the provisions laid down in the following paragraphs.

PRESIDENCY of the COUNCIL of MINISTERS 29 2 – the President of the Republic on the proposal of the Government, formulated after the initiative of the Chief of the General staff of the armed forces and adopted by the Supreme Council of national defense, to appoint: a) the President of the Supreme Military Court; b) commanders; c) commanders or military representatives with any Alliance of which Portugal is a member, as well as the officers, naval force commanders, generals, land or air, aimed at the fulfilment of missions on that Board. 3 – it is incumbent upon the Minister of national defence to appoint, upon a proposal by the Chief of staff of the respective branch, the holders of the following positions: a) Vice Chiefs of the branches; b) Commanders of the component commands, naval, land and air; c) commanders of the Military Academy, the Naval Academy and the Air Force Academy. 4 – it is incumbent upon the Minister of national defence, on a proposal from the Chief of the General staff of the armed forces, having heard the Council of Joint Chiefs of staff, appoint or remove holders of the following positions: a) joint operational command; (b) the operational commands of the Commanders) Azores and Madeira; c) information center Chief and Military Security;

PRESIDENCY of the COUNCIL of MINISTERS 30 d) Director of the Institute of Higher Military Studies; and Hospital Director) of the armed forces. 5-nominations and exemptions referred to in (a)) paragraphs 3 and 4 shall be confirmed by the President of the Republic, without which do not produce any effects. 6-the military proposed for the post of President of the Supreme Military Court, as well as to the military positions in international organisations of which Portugal is part and which complies with the rank of Admiral, or four-star general, is, from the date of the proposal of the Government, suspended the passing the age limit recently, extending the suspension, for the named , until the expiry of their mandate. Article 25 1 Promotions-promotions to general officer, as well as the promotions of officers, generals of any branch of the armed forces shall be by resolution in this sense of the Council of Joint Chiefs of staff, preceded by a proposal from its Chief of staff, the Board of Governors. 2-promotions referred to in the preceding paragraph are subject to approval by the Minister of national defence and confirmation by the President of the Republic, without which do not produce any effects. 3-promotions to the rank of Colonel or captain-and-war shall be carried out exclusively within the framework of the armed forces, the Councils of ears, arms, services or classes.

PRESIDENCY of the COUNCIL of MINISTERS 31 chapter V final provisions article 26 operational Coordination between the armed forces and the forces and security services 1-the armed forces and the forces and the security services cooperate with a view to the fulfilment of their missions to conjugate the effects referred to in paragraph 1(e)) and f) of paragraph 1 of article 4. 2-to ensure the cooperation envisaged in the preceding paragraph, are established structures and procedures to ensure the interoperability of equipment and systems, as well as the use in common of operational resources. 3 – it is incumbent upon the Chief of the General staff of the armed forces and Secretary General of the internal security system to ensure operational coordination among themselves, for the purposes set out in the preceding paragraphs. Article 27 General bases Development of this law, in particular as regards the Organization of staff-General of the armed forces and of the branches, are developed by decree-law. Article 28 set Standard is revoked the law No. 111/91, of 29 August, as amended by law No. 18/95 of 13 July.

PRESIDENCY of the COUNCIL of MINISTERS 32 article 29 entry into force this law shall enter into force on the day following that of its publication.

Seen and approved by the Council of Ministers of 11 December 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency