Approves The Law Of National Defense

Original Language Title: Aprova a Lei de Defesa Nacional

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449304d7931594c6d527659773d3d&fich=ppl243-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 243/X/4th explanatory memorandum defined as priority in the Government Program, and also provided for the major Options of the plan for the period 2005 to 2009, the reorganization of the upper structure of national defense and Armed forces is an imperative that stems from the need to adapt the structure of national defense and Armed forces to structural changes in the external and internal order to ensure the best political and institutional conditions for the exercise of their missions of defending the territorial integrity, national independence and State sovereignty. In the external order, the international strategic environment, that determines the definition of the priorities of the national defence policy has changed radically since the end of the cold war and, in particular, after the September 11 2001. The new international security framework and the corresponding priorities of national defense point, necessarily, to a wider and integrated concept of security and defence policies with deep reflections on strategic and operational doctrine, in the definition of the command and control structures and the missions of the armed forces. As a result of this new framework, the Portuguese armed forces began to undertake new international military missions in theatres, requiring an adaptation at all levels of the military structure.



PRESIDENCY of the COUNCIL of MINISTERS 2 internally, the current upper structure of national defense and Armed Forces expressed in the existing legal framework, reflects, in part, and even today, a solution resulting from a political context marked by the conditions of the transitional period. The law of national defense and the armed forces, approved by Act No. 29/82 of 11 December, is undoubtedly a basic degree of our legal system and a key milestone in the consolidation of democracy. However, after 26 years, is an instrument that requires update, despite the changes introduced by law n° 41/83, of 21 December, no. 111/91, of 29 August, no. 113/91 of 29 August, no. 18/95, of 13 July, and the Organic Law No. 3/99 of 18 September, no. 4/2001 , August 30, no 2/2007 of 16 April. Thus, the separation, already initiated in previous revisions of the law, between the upper structure of national defense and the Armed Forces Organization, together with the definition of the fundamental principles of national defence policy, the powers of the President of the Republic, the Assembly of the Republic and of the Government and of the rights, freedoms and guarantees, are relevant aspects of update carried out by this Bill. In terms of the definition of the fundamental principles of national defence policy, this Bill establishes the objectives of national defence – as the guarantor of State sovereignty, national independence and territorial integrity, as well as establishes their general principles, on defense of national interests and in compliance with the international commitments of Portugal. In the definition of the powers of the President of the Republic, the Assembly of the Republic and the Government, is preserved the essential balance between the three organs of sovereignty. At the same time, are included in this Bill the new practices imposed by the implementation of international military missions and the new threats, in particular the right of the President to be briefed by the Government on the employment of the armed forces, either in external missions, either in domestic missions.

PRESIDENCY of the COUNCIL of MINISTERS 3 the definition of rights, freedoms and guarantees, remains the essential of the texts in force, in line with the new rules of military discipline. This proposal for a national defense Law, following the guidelines expressed in the resolution of the Council of Ministers No. 39/2008, of 28 February, for the reorganization of the upper structure of national defense and the armed forces, 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 proposal of law: Law of national defence chapter I General principles article 1 national defence 1-national defense aims to guarantee State sovereignty, national independence and territorial integrity of Portugal, as well as ensure the freedom and security of populations and the protection of fundamental values of the constitutional order against any aggression or external threat. 2-national defence guarantees the fulfilment of the international commitments of the State military, according to the national interest. Article 2 General principles 1-Portugal defends the principles of national independence and equality of States, respect for human rights and for international law and the PRESIDENCY of the COUNCIL of MINISTERS resolution 4 of the Pacific international conflicts and contributes to the safety, stability and international peace. 2-the Portuguese Republic defends the national interest by all legitimate means, inside and outside of your territory, exclusive economic zone, the contiguous seabed and waters and airspace under your responsibility. 3 – the safety of life and the interests of the Portuguese is also national interest that the State stands for autonomous or multinational framework. 4-in the exercise of the right of self-defense, Portugal reserves the use of war in case of actual or imminent aggression. Article 3 national defence and international commitments to national defence is also guaranteed and exercised within the framework of the international commitments undertaken by the Portuguese State in pursuit of the national interest.

CHAPTER II national defence policy article 4 components of national defence policy national defence policy integrates the principles, objectives, guidelines and priorities defined in the Constitution, this law, in Government and in the strategic concept of national defense.

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5 article 5 permanent Objectives of national defence policy the national defence policy aims to ensure permanently and with national character: a) State sovereignty, national independence, the integrity of the territory and the fundamental values of the constitutional order; b) liberty and security of the people, as well as their goods and the protection of the national heritage; c) the freedom of action of the organs of sovereignty, the proper functioning of democratic institutions and the possibility of carrying out the functions and duties of the State; d) ensure the maintenance or the restoration of peace in conditions that correspond with national interests.

Article 6 fundamental Guidelines of the national defence policy The fundamental guidelines of the national defence policy are defined in the Government programme, in obedience to the principles and objectives defined in the Permanent Constitution and this law. Article 7 national defence strategic concept 1 – the national defence strategic concept defines the priorities of the State in the area of defence, according to the national interest, and is an integral part of the national defence policy. 2 – the national defence strategic concept is approved by resolution of the Council of PRESIDENCY of the COUNCIL of MINISTERS 6 Ministers, under joint proposal of the Prime Minister and the Minister of national defence, the Supreme Council of national defense and the Council of Joint Chiefs of staff. 3 – The great options the strategic concept of national defense will be the subject of debate in the Assembly of the Republic, at the initiative of the Government or a parliamentary group, prior to your adoption. CHAPTER III responsibilities of the organs of the State article 8 bodies responsible in matters of national defence 1-are directly responsible for national defense: a) the President of the Republic; b) the Assembly of the Republic; (c)) the Government; d) the Superior Council for national defence; and) the Supreme Military Council. 2 – as well as of the bodies referred to in the preceding paragraph, are directly responsible for the Armed Forces and the military component of national defense: a) the Council of Chiefs; b) Chief of staff General of the armed forces; c) The chiefs of the Navy, army and air force.

PRESIDENCY of the COUNCIL of MINISTERS 7 article 9 1 – President of the Republic the President of the Republic represents the Republic of Portugal, guarantees national independence, the unity of the State and the proper functioning of democratic institutions and, by extension, the Supreme Commander of the armed forces. 2-Without prejudice to any other powers assigned to him by the Constitution or by law, the President of the Republic, national defence: a) carry out the duties of Supreme Commander of the armed forces; b) declare war, in case of actual or imminent aggression, and make peace, on the proposal of the Government, having heard the Council of State and with the permission of the Assembly of the Republic, or, when this is not assembled, nor is your immediate, your meeting Standing Committee; c) Assume the higher direction of the war, in conjunction with the Government, and contribute to maintaining the spirit of Defense; d) declaring a State of siege and a State of emergency, heard the Government and upon authorization by the Assembly of the Republic, or, when this is not assembled, nor is your immediate, your meeting Standing Committee; e) Ratify International treaties in which the State assumes international responsibilities in the field of defence, in particular the participation of Portugal in international security and defence organizations, as well as the treaties of peace, of Defense, of rectification of frontiers and the respect of military affairs; f) presiding over the Superior Council for national defence; g) appoint, on the proposal of the Government, the Chief of the General staff of the armed forces, as well as, heard the Chief of staff-General of the PRESIDENCY of the COUNCIL of MINISTERS 8 Armed Forces, the Joint Chiefs of staff of the Navy, army and air force. Article 10 Supreme Commander of the armed forces 1-the functions of Supreme Commander of the armed forces assigned constitutionally due to the President of the Republic include the following rights and duties: the) duty to contribute, within the limits of its constitutional powers, to ensure the loyalty of the armed forces to the Constitution and democratic institutions; b) right to be informed by the Government about the situation of the armed forces; c) right to be informed by the Government, through communication based on the employment of the armed forces in missions involving collaboration with the forces and the security services against attacks or transnational threats; d) duty to advise the Government about the private conduct of national defence policy; e) refer to the Chief of the General staff of the armed forces and the Joint Chiefs of staff of the Navy, army and air force on matters of national defense; f) Confer, on its own initiative, military decorations; g) right to occupy the first place in the hierarchy of the armed forces. 2 – employment of the armed forces in military operations outside the national territory is always preceded by a reasoned communication to the Prime Minister.

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9 Article 11 Parliament Without prejudice to any other powers assigned to him by the Constitution or by law, it is up to Parliament, national defence: a) to authorize the President of the Republic to declare war and make peace; b) to authorize the President to declare a State of siege and emergency; c) approve international treaties in which the State assumes international responsibilities in the field of defence, in particular the participation of Portugal in international security and defence organizations, as well as the treaties of peace, of Defense, of rectification of frontiers and the respect of military affairs; d) enjoy the fundamental guidelines of the national defence policy set out in the Government's program and discuss the major options of the strategic concept of national defence; and) legislate on the Organization of national defense and the definition of the obligations which flow from it; f) Legislating on General bases of the Organization, the functioning, the re-equipment and discipline of the armed forces; g) Legislate about restrictions on the exercise of rights by the military and militarized officers in effective implementation; h) Legislate about the limits of territorial waters, exclusive economic zone and the rights of Portugal on the adjacent seabed; I) Legislate on the definition of strictly military crimes and penalties; j) Legislation on the status of military condition, in particular as regards the PRESIDENCY of the COUNCIL of MINISTERS 10 rights and duties of the military and the guiding principles of their careers; l) Legislate on mobilization and requisition; m) legislate on military obligations and other restrictions on the right of property for reasons relating to national defence; n) Legislate about the Organization, the functioning, the competence and the process of military tribunals in time of war, as well as on the status of its judges; the Government action) to inspect in the exercise of its powers relating to national defense and the armed forces; p) monitor the participation of Armed forces detachments in military operations outside the national territory; q) Elect, by a two-thirds majority of members present higher than the absolute majority of deputies in effectiveness of functions, both to members of the Supreme Council of national defense. Article 12 1 Government – the Government is the organ of national defence policy and Armed forces and the top organ of Directors of national defense and the armed forces. 2-Without prejudice to any other powers assigned to him by the Constitution or by law, the Council of Ministers, national defence, under legislative and political: a) to propose to the President of the Republic the Declaration of war and the making of peace; b) be heard prior to the Declaration of a State of siege and State of emergency;

PRESIDENCY of the COUNCIL of MINISTERS 11 c) Negotiate and adjust the international treaties in which the State assumes international responsibilities in the field of defence, in particular the participation of Portugal in international security and defence organizations, as well as the treaties of peace, of Defense, of rectification of frontiers and the respect of military affairs; d) Legislate in matters not reserved for the Assembly of the Republic or, under this authorisation, relating to integrated in its reservation in respect, in particular those referred to in subparagraphs (i)), j), l), m) and (n)) of article 11; and) present proposals for law to Parliament; f) approving the fundamental guidelines of the national defence policy, to include in your program, and ensure all the conditions for your implementation, within the framework of the budget of the State and of the military programming law; g) approving the strategic concept of national defence; h) Determine the mobilisation of citizens to national defence; 3 – without prejudice to any other powers assigned to him by the Constitution or by law, it is up to the Government, national defence, under Administration: a) ensure compliance with the Constitution and the laws relating to the national defense and the armed forces, in particular by making the necessary regulations to your proper implementation; b) without prejudice to the competence of the Assembly of the Republic, guide and oversee the implementation of the law on military programming and the budget of the Armed Forces, as well as its asset management, overseeing the exercise of the powers delegated and the Joint Chiefs of staff in the field of financial administration; c) to ensure that national defence is exercised for the benefit of the PRESIDENCY of the COUNCIL of MINISTERS competent bodies information 12 the Information System of the Portuguese Republic (SIRP) and the armed forces, in accordance with the law; d) Ensure the capacity, the means and the readiness of the armed forces for the fulfilment of their missions; e) propose to the President of the Republic the appointment and the dismissal of the Chief of the General staff of the armed forces and the Joint Chiefs of staff of the Navy, army and air force; f) Driving organs and direct services and exercise supervision and supervision on the indirect administration of national defense; g) Ordering the movable and immovable, tangible and intangible, indispensable for the national defence; h) approve mechanisms to ensure cooperation between the armed forces and the forces and the security services, with a view to the fulfilment of their missions conjugate under the assaults or fighting transnational threats. Article 13 1-Prime Minister the Prime Minister heads the national defence policy and Armed forces, as well as the functioning of the Government in this respect. 2-Without prejudice to any other powers assigned to him by the Constitution or by law, it is for the Prime Minister, national defence: a) participate in the Superior Council for national defence; b) inter-ministerial implementation activity Driving the policy of national defense and the armed forces; c) Inform the President on policy and decisions in the matters of the PRESIDENCY of the COUNCIL of MINISTERS


13 national defense and Armed forces; d) Without prejudice to the provisions of the preceding paragraph, the use of Armed Forces in military operations outside the national territory is always preceded by a reasoned communication to the Prime Minister to the President of the Republic; and) Inform the President of the Republic, through communication based on the employment of the armed forces in missions involving collaboration with the forces and the security services against attacks or transnational threats; f) Propose to the Council of Ministers, together with the Minister of national defence, the appointment and dismissal of the Chief of the General staff of the armed forces and the Joint Chiefs of staff of the Navy, army and air force; g) Propose to the Council of Ministers, together with the Minister of national defence, the approval of the strategic concept of national defense. 3 – the Prime Minister may delegate, in whole or in part, the powers referred to in subparagraph (b)) of the previous paragraph in the Minister of national defence. Article 14 1 – Minister of national defence the Minister of national defence ensures the development and implementation of national defence policy and Armed forces and is politically responsible for the military component of the defence, by the employment of the armed forces and their capabilities, resources and readiness. 2 – it is incumbent upon, in particular, to the Minister of national defence: a) submit to the Council of Ministers all proposals relating to the competence of this body in the fields of national defense and the armed forces, including your military component;

PRESIDENCY of the COUNCIL of MINISTERS 14 b) Participate on the Board of Governors of national defence; c) presiding over the Supreme Military Council; d) Drive the inter-ministerial activity implementation of national defence policy and Armed forces, by delegation of the Prime Minister; and approve the military strategic concept) drawn up by the Council of chiefs, according to the national defense strategic concept referred to in article 7; f) Coordinate and guide the actions necessary to ensure compliance with military commitments resulting from international agreements, in particular the participation of Armed forces detachments in military operations outside the national territory; g) Coordinate and guide relations with ministries and military institutions foreign counterparts and international organizations pursuing powers regarding military, without prejudice to the competence of the Minister for Foreign Affairs; h) guiding the elaboration of the budget of the national defence and Armed forces, as well as the laws of military programming, and to guide and monitor their execution and asset management; I) Propose to the Council of Ministers, together with the Prime Minister, the appointment and dismissal of the Chief of the General staff of the armed forces and the Joint Chiefs of staff of the Navy, army and air force; j) Propose to the Council of Ministers, together with the Prime Minister, the approval of the strategic concept of national defense and ensure their implementation; l) to propose to the Board of Governors of national defence concept confirmation PRESIDENCY of the COUNCIL of MINISTERS 15 military strategic and approval, under project of the Council of Joint Chiefs of staff, the missions of the armed forces and the forces necessary to your systems compliance; m) approve the device forces systems defined by the Council of Chiefs; n) Approve and do publish the standards necessary for the execution of the laws of the national defence and Armed forces that are not within the competence of the Council of Ministers; the) develop and drive national policy of armaments and equipment of national defence; p) exercise the powers of the Government regarding the direction of organs and direct services and guardianship and supervision on the organs and services indirect administration of national defense; q) Authorize the holding of military exercises and maneuvers; r) Licensing works in subject areas and military servitude, heard the Chief of staff of the branch of the armed forces; s) Superior Council of national defense, as well as to the Council of Ministers, proposals for the mobilization and requisition, necessary for the attainment of permanent objectives of national defence policy; t) appoint or remove holders of submitted to your power of management or supervision; u) approve the promotions to general officer, as well as the promotions of General officers, after deliberation by the Council of Chiefs; v) Coordinate and guide the actions necessary to ensure the cooperation of the armed forces with the forces and security services.

PRESIDENCY of the COUNCIL of MINISTERS article 15 competences of 16 other Ministers 1 – in conjunction with the Minister of national defence, all other Ministers shall ensure the implementation of non-military components of national defence policy which fall within the jurisdiction of the respective ministries. 2 – it is incumbent upon, in particular, every Minister:) prepare the adaptation of their services to the State of war, State of siege and a State of emergency; b) direct action of its services on mobilization and requisition, in civil-emergency planning and civil protection. Article 16 National Defense Superior Council 1-the Supreme Council of national defense is the specific organ of consultation for matters relating to national defence and to the Organization, functioning and discipline of the armed forces. 2 – the National Defence Council is chaired by the President of the Republic, who shall have the casting vote. 3 – the Supreme Council of national defence has the following composition: the) Prime Minister; b) Deputy Prime Minister and Ministers of State, if any; c) Minister of national defence, Minister of Foreign Affairs, Minister of Internal Affairs and Minister of finance; d) Ministers responsible for the areas of industry, energy, transport and communications;

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17 e) Chief of staff General of the armed forces; f) representatives of the Republic to the autonomous regions; g) Presidents of the Governments of the autonomous regions of the Azores and Madeira; h) National Defense Committee of the Assembly of the Republic; I) Joint Chiefs of staff of the Navy, army and air force; j) two members to Parliament, elected under q) article 11. 4-in the exercise of the powers provided for in paragraph 2 of article 17, the Supreme Council of national defense is composed exclusively by the members referred to in (a))) and (i)). 5-the President of the Republic may, on your own initiative or at the request of the Prime Minister, invite others to participate, without the right to vote, in meetings of the Supreme Council of national defense. 6-the Supreme Council of national defence meets ordinarily every three months, and extraordinarily whenever convened by the President of the Republic, for your initiative or at the request of the Prime Minister. 7-the Supreme Council of National Defense Secretariat for a general officer or another personality of recognized merit, appointed and dismissed by the President of the Republic, having heard the Government.

8-the Office of the Secretary of the Supreme Council of national defence shall, for all purposes, the upper steering position. 9 – the support of the Supreme Council of national defence is provided by the General Secretariat of the Presidency of the Republic, in which shall be entered in the budget requirements for your PRESIDENCY of the COUNCIL of MINISTERS 18 execution. Article 17 Jurisdiction of the Supreme Council of national defence 1-Without prejudice to any other powers assigned to him by the Constitution or by law, the duties and responsibilities of the Supreme Council of national defense, under issue advisory opinion on: a) the Declaration of war and peace making; b) national defence policy; c) the approval of international treaties in which the State assumes international responsibilities in the field of defence, in particular the participation of Portugal in international security and defence organizations, as well as the treaties of peace, of Defense, of rectification of frontiers and the respect of military affairs; d) projects and proposals for legislative acts relating to national defence policy and Armed forces, the organisation, functioning and discipline of the armed forces and the conditions of employment of the armed forces in a State of siege and State of emergency; e) projects and the proposals of military programming law; f) the draft strategic concept of national defence; g) the participation of Armed forces detachments in military operations outside the national territory; h) the civil protection organisation, the assistance to the populations and safeguarding of public and private goods, in the event of war; I) fundamental defence infrastructure;

PRESIDENCY of the COUNCIL of MINISTERS 19 j) proposals for the mobilization and requisition, necessary for the achievement of the permanent objectives of national defence policy; l) other matters relating to national defence and Armed forces which are submitted by the President of the Republic, on its own initiative or at the request of the Prime Minister. 2-Without prejudice to any other powers assigned to him by the Constitution or by law, the duties and responsibilities of the Supreme Council of national defense, under administrative: the military strategic concept) confirm and approve the specific missions of the armed forces and the forces necessary to your systems performance, after proposal of the Minister of national defence; b) Exercise, in time of war, the powers laid down in article 43; c) approve proposals for appointment and dismissal of the President of the Supreme Military Court, working in time of war, the commanders, the commanders or military representatives to the Organization of any Alliance of which Portugal is a member, as well as the officers, generals, commanders of naval, land or air force intended for the fulfilment of international missions on that Board. 3-the opinions of the Supreme Council of national defense are only published when that so decide. Article 18 1 Supreme Military Council-the Supreme Military Council is the principal organ of consultation of the Minister of national defence. 2-the Supreme Military Council is chaired by the Minister of national defence.

PRESIDENCY of the COUNCIL of MINISTERS 20 3-the Supreme Military Council has the following composition: the Minister of national defence); b) Chief of staff General of the armed forces; c) Joint Chiefs of the Navy, army and air force. 4 – Integrate still the Supreme Military Council Secretaries of State who coadjuvem the Minister of national defence, unless otherwise decided by this. 5 – the Minister of national defence, for your initiative or at the request of any member of the Council may convene other holders of public agencies or invite others to participate in meetings of the Supreme Military Council. 6-the Supreme Military Council meets ordinarily every three months, and extraordinarily whenever convened by the Minister of national defence. Article 19 the Supreme Military Council of the Supreme Military Council: the) issue opinions on matters relating to national defence and Armed forces that are the responsibility of the Government, of the Supreme Council of national defence or the Minister of national defence; b) prepare draft proposal of military programming law and the budget of the armed forces, according to government guidance.



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21 CHAPTER IV Ministry of national defence article 20 responsibilities of the Ministry of national defence 1 – the Ministry of national defence is the Government Department which aims to prepare and execute the policy of national defense and the armed forces, as well as ensure and oversee the administration of the armed forces and other authorities and bodies in it. 2 – the Ministry of national defence provides the support needed to perform the duties of the Prime Minister in the framework of national defense and the armed forces. Article 21 organic structure of the Ministry of national defence the organic structure of the Ministry of national defence is set out in Decree-Law, which identifies the organs and services integrate, as well as legal persons subject to supervision and guardianship of the Minister of national defence. Chapter V article 22 armed forces national defence and Armed Forces 1-Armed Forces is the national institution responsible for ensuring the military defense of the Republic. 2-the armed forces comply with the competent organs of sovereignty, as defined in the Constitution and in the law. 3-the armed forces are at the service of the Portuguese and are strictly non-partisan.

PRESIDENCY of the COUNCIL of MINISTERS 22 4-Armed Forces consist exclusively of Portuguese citizens and your organization is unique to the entire national territory. 5-the implementation of the military component of national defence is the responsibility exclusively to the armed forces, being prohibited the establishment of associations or armed groups, military, militarized or paramilitary. Article 23 the integration of the armed forces in the administration of the State Armed Forces are in direct administration of the State through the Ministry of national defense. Article 24 – 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;

PRESIDENCY of the COUNCIL of MINISTERS 23 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. Article 25 provided that The military members of the armed forces serve, exclusively, the Republic and the national community and voluntarily assume the rights and duties of the military condition, in accordance with the law. Article 26 fundamental rights the military in service effectiveness, permanent frames and voluntary and of contract, shall enjoy the rights, freedoms and guarantees constitutionally provided for, with restrictions on the exercise of the rights of expression, meeting, demonstration, Association and collective petition and passive electoral capacity provided for in this law, under the Constitution. Article 27 General rules on the exercise of rights 1 – in the exercise of their rights, the effectiveness of military service are subject to the obligations arising from the Statute of the military condition, and observe a conduct in accordance with the military ethics and respect to cohesion and discipline of the armed forces.

PRESIDENCY of the COUNCIL of MINISTERS 24 2 – The effectiveness of military service are strictly non-partisan and cannot use your weapon, your post or your function to any political party or Trade Union intervention, this consisting the duty of your exemption. 3 – the military in service effectiveness are not applicable constitutional standards concerning workers ' rights whose exercise involves the fundamental rights referred to in the following articles, to the extent that for them to be restricted, in particular the freedom of Association, the right to the creation and integration of workers ' committees and the right to strike. Article 28 freedom of expression 1-The effectiveness of military service have the right to issue public statements on any subject, with the reservation of the status of the military condition, since those don't jeopardize the discipline and cohesion of the armed forces, or the duty of political, partisan and exemption of Association of its members. 2-The effectiveness of military service are subject to the duty of confidentiality with respect to the matters covered by the secrecy of Justice or by the State secret and other classification systems, the facts pertaining to the device, the military capacity, equipment and operational action of the armed forces that have knowledge by virtue of the exercise of their functions, as well as the elements contained in data centers and personnel records that cannot be disclosed. Article 29 right of meeting 1-the military in service effectiveness can, since trajem civilly and not bearing any national symbol or the armed forces, convene or participate in legally convened meetings with no party-political or trade union nature.

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25 2 – the military in service effectiveness can watch party-political and Trade Union meetings legally called if you don't use the word nor exercise any function in your preparation, organisation or driving or in the implementation of the decisions taken. 3-the right of Assembly cannot be exercised within military establishments and units not so detrimental to the service normally assigned to the military or the permanent availability of this for your compliance. Article 30 right to demonstrate The effectiveness of military service can participate in demonstrations legally convened without party-political or trade union nature, as long as they are unarmed, civilly and not bearing any trajem national symbol or Armed forces and since your participation does not endanger the cohesion and discipline of the armed forces. Article 31 freedom of Association 1-The effectiveness of military service have the right to constitute or integrate associations having no political, partisan or trade union, including professional associations. 2 – the exercise of the right of Professional Association of military personnel is regulated by law of its own. Article 32 right of collective petition the military in effectiveness of service have the right to promote or present collective petitions addressed to the organs of sovereignty or to other public authorities, since the same 26 PRESIDENCY of the COUNCIL of MINISTERS does not jeopardize the discipline and cohesion of the armed forces, or the duty of political, partisan and exemption of Association of its members. Article 33 1 – passive electoral Capacity in wartime, the military in service effectiveness may not run for elections to the organs of sovereignty, Government of the autonomous regions and the local authorities, or to the European Parliament. 2 – in peacetime, the military in effectiveness of service may apply to the bodies referred to in the preceding paragraph by special license to be granted by the Chief of staff of the branch to which they belong. 3-the application for issuance of the special license shall state the will of the applicant to be a candidate not enrolled in any political party and indicate the election that intends to compete. 4-the special license is necessarily granted within 10 or 25 working days, depending on the applicant's service in the national territory or abroad, and shall take effect from the date of publication of the date of the election concerned. 5 – the time of exercise of the mandates for which the military is elected pursuant to the preceding paragraphs count as time spent in rank and how long effective service for seniority purposes. 6-the special license expires, the return of the military effectiveness of service: the final qualifying results) that the electoral candidate was not elected; (b)) When, having been elected candidate, your term is extinguished in any way or be suspended for a period exceeding 90 days;

PRESIDENCY of the COUNCIL of MINISTERS 27 c) With the Declaration of war, State of siege and State of emergency. 7-the military reserve situation outside the effectiveness of service who are holders of one of the bodies referred to in paragraph 1, except the organs of sovereignty or of the European Parliament, can only be called to service effectiveness in the event of a declaration of war, State of siege or State of emergency, which determine the suspension of their mandate. 8-in situations where the military elected to exercise the mandate in full time, and may require, within 30 days, the transition volunteered to the situation, which must be granted with effect from the date of those functions. 9-in the case of exercise of the option referred to in the previous paragraph, and not the conditions of transition to the reservation, the military is obliged to indemnify the State, in accordance with the status of military personnel of the armed forces. 10 – Determines the transition to the election of a military reserve to a second term, with effect from the date of commencement of the respective financial year. Article 34 1 Ombudsman – the military on effectiveness of service may, after exhausted the administrative resources legally provided for, to complain to the Ombudsman for actions or omissions of the public authorities responsible for the Armed Forces resulting in violation of their rights, freedoms and guarantees, except as regards operational or classified. 2 – the exercise of the right referred to in the preceding paragraph and the terms of the corresponding action of the Ombudsman are regulated by law.

PRESIDENCY of the COUNCIL of MINISTERS article 35 28 Justice and military discipline specific requirements relating to Military Justice and discipline are governed by special laws.

CHAPTER VI defense of Homeland Defense of the fatherland and article 36 military service 1 – defending the Country's right and fundamental duty of all Portuguese. 2-the civic duty of military service is regulated by law, which lays down the respective form, nature, duration and content. 3-the army is based, in peacetime, in volunteering. 4-citizens be subject by law to the provision of the service may, exceptionally, be summoned to the armed forces in peacetime, pursuant to the law governing the military service. 5-the law referred to above provides for the situations in which exceptionally citizens summoned for the military can be exempted from military service. Article 37 and request 1 Mobilization-the State can determine the use of human and material resources necessary for national defense through mobilization and requisition.

PRESIDENCY of the COUNCIL of MINISTERS 29 2-all the people mobilized or covered by obligations of mobilization or requisition may be subject to legal regimes of discipline and military justice, under the conditions laid down in the law.


Article 38 1 Mobilization-the State can mobilize citizens to national defense. 2 – the mobilisation may cover all or part of the population and can be imposed for periods of time, by territorial areas and sectors of activity. 3 – the mobilization can determine the subordination of citizens covered by this directive to the armed forces or the civil authorities of the State. Article 39 1 Request – the State can order the movable and immovable, tangible and intangible, essential to national defense that's not possible or convenient to obtain otherwise. 2-the request can still focus on companies, services, industrial, commercial or scientific establishments and goods that are subject to intellectual and industrial property. 3-the request ceases when the goods ordered are no longer necessary for national defense. 4-the request confers the right to fair compensation.

PRESIDENCY of the COUNCIL of MINISTERS 30 CHAPTER VII State of war article 40 duration of the State of war the State of war has existed since the Declaration of war to the making of peace. Article 41 the public agencies in State of war 1 – the performance of public agencies in State of war meets the following principles: the total Commitment in pursuit of) purposes of the war; b) adjustment of the national economy to the war effort; c) mobilization and requisition of the required resources to the war effort; d) urgency in meeting the needs of the military component of national defense. 2-In a State of war, the competent bodies shall adopt, in accordance with the Constitution and the laws, all necessary and appropriate measures for the conduct of the war, including through the provision of all resources necessary for national defense and the armed forces to prepare and run the military actions, as well as to the restoration of peace. Article 42 the direction and conduct of war 1-the Directorate top of war competes jointly to the President of the Republic and to the Government within their constitutional limits. 2-driving the war's military Chief of staff General of the armed forces, attended by chiefs of the branches of the armed forces, and the PRESIDENCY of the COUNCIL of MINISTERS 31 commanders, in accordance with the guidelines and directives of the organs of sovereignty.

Article 43 the Higher Council of national defense during the State of war 1-In a State of war, the Supreme Council of national defense works in permanent session to assist the President of the Republic, the Prime Minister and the Minister of national defence in the direction of the war. 2 – it is incumbent upon the Supreme Council of national defence, during the State of war: the) define and activate the theatres and areas of operations; b) approving command letters addressed to commanders; c) approving the general orientation of military operations and plans; d) Study, adopt or propose the measures required to ensure the necessities of life and of the armed forces. 3-the Minister of national defence maintains the National Defense Council permanently informed about the political and strategic situation. 4-the command define the mission, dependency, the degree of authority and the area where this arises, the entities covered, assigned and other relevant aspects. 5-the letters are signed by the President of the Republic, the Prime Minister, by the Minister of national defence and the Chief of the General staff of the armed forces. 6-in a State of war and for the implementation of military operations, the Council of Ministers may delegate in military skills and media authorities normally PRESIDENCY of the COUNCIL of MINISTERS allocated 32 ministerial departments, upon proposal from the Superior Council of national defense. Article 44 armed forces during the State of war 1-In a State of war, the Chief of the General staff of the armed forces takes complete command of the armed forces, responding to the President of the Republic and the Government for the preparation and the conduct of military operations. 2-in the exercise of charge referred to in the preceding paragraph, the Chief of the General staff of the armed forces have as deputy commanders, the Joint Chiefs of staff of the Navy, army and air force, which before him respond in respect of the implementation of the directives and the action of their respective forces. 3-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. 4 – 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 appointment and removal of their commanders and their command cards. Article 45 damages and compensation 1-losses of the war are the responsibility of the aggressor and the compensation due by them is reclaimed in the Treaty of peace or Armistice Convention. 2-the State does not respond civilly for damage directly or indirectly caused by military actions committed during the State of war.

PRESIDENCY of the COUNCIL of MINISTERS 33 CHAPTER VIII final provisions article 46 military Programming 1-the prediction of military expenditures to be incurred by the State in the re-equipment of the armed forces and the defence infrastructures should be the subject of medium-term planning, constant military programming law. 2 – the draft budget of the Ministry of national defense, in part on the re-equipment of the armed forces and defense infrastructure, includes necessarily the set for the year in question on military programming law into force. Article 47 Restrictions of fundamental rights within the framework of the National Republican Guard articles 26 to 35 shall apply to military and militarized officers of permanent tables and the actual service contracted in the National Republican Guard. Article 48 Security Forces 1-Security Forces collaborate on national defence in accordance with the Constitution and the law. 2 – 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 paragraph 1(e)) and f) of paragraph 1 of article 24 PRESIDENCY of the COUNCIL of MINISTERS


34 article 49 set Standard is revoked the law No. 29/82 of 11 December, amended by Law No. 41/83, of 21 December, no. 111/91, of 29 August, no. 113/91 of 29 August, no. 18/95, of 13 July, and the Organic Law No. 3/99 of 18 September, no. 4/2001 , August 30, and no. 2/2007, 16 April. Article 50 entry into force this law shall enter into force on the day following your publication.

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