Key Benefits:
PROPOSED LAW NO. 219 /X
PRESENTS TO THE ASSEMBLY OF THE REPUBLIC THE PROPOSED AMENDMENT TO THE DECREE-LAW NO. 241/2007 OF June 21 LAYING DOWN THE LEGAL REGIME APPLICABLE TO PORTUGUESE FIREFIGHTERS
The Decree-Law No. 241/2007 of June 21 set out the legal regime
applicable to Portuguese firefighters, particularly as to duties,
rights and perks to which they have access and the conditions under which such access is
concretizes, the responsibilities of the State and the local authorities and still the
clarification of the responsibilities of the Bomber Social Protection Fund.
The current legal regime involves subjects whose application
generalized to the entire national territory imposes itself, notably on what if
refers to the scheme of social protection, assistance and insurance, by imperative
constitutional. The Bomber Social Protection Fund managed since 1932
by the League of Portuguese Firefighters will always have to include all the
Portuguese firefighters, due to the implications arising from the headquarters of
social protection of Portuguese firefighters from all over the national territory and not
only from mainland territory.
Thus, pursuant to paragraph 1 (f) of Article 227º of the Constitution
of the Portuguese Republic and point (b) of Article 37º (1) of the Staff Regulations
Politico-Administrative Region of the Autonomous region of Madeira, in the wording given by the
Law No. 130/99 of August 21, the Legislative Assembly of Madeira presents
to the Assembly of the Republic the following proposal for amendment:
Article 1º Amendment to Decree-Law No. 241/2007 of June 21
Article 1º of Decree-Law No. 241/2007 of June 21 shall have the
following wording:
" The present decree-law defines the legal regime applicable to the
Portuguese firefighters in the national territory, without prejudice to the
competences of the self-governing bodies of the Autonomous Regions. "
Article 2º Entry into force
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This diploma shall come into force with reported effects to the beginning of
term of the Decree-Law No. 241/2007 of June 21.
Approved in Plenary Session of the Legislative Assembly of Madeira
on June 24, 2008.
THE PRESIDENT OF THE LEGISLATIVE ASSEMBLY OF WOOD
____________________________________________
José Miguel Jardim Olival of Mendonça
JUSTIFICATION NOTE
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A) Summary to be published: First amendment to Decree-Law No 241/2007
of June 21 setting out the legal regime applicable to firefighters
Portuguese.
B) Legal Framework: The present diploma changes the Decree-law n.
241/2007 of June 21.
C) Synthesis of content: The initiative consists in the amendment of the scope of
application of the legal regime to include the entire territory
national.
D) Reasons that advise the amendment of the existing situation: The
amendment to the current legal regime is based on the need for
apply to all Portuguese Firefighters, from all over the territory
national, the social protection regime, assistance and insurance. With
effect DL 241/2007 proceeded to the repeal of Law No. 21/87 of 20 of
June and the DL n. 36/94 of February 8 and No 297/2000 of 17 of
November. The legal normative has concentrated the considered aspects
relevant to the consecration of a social status of the firefighter
integrated and institutionally valued, including in addition to duties,
rights and the regalies of firefighters, the definition of responsibilities
of the State and of the Authorities, as well as the clarification of the
responsibilities of the Bomber Social Fund. To this extent are
in question subjects whose widespread inclusiveness to the whole territory
national imprints. Ultimately this situation would require the
recourse to an extensive interpretation of the law. It would not be therefore reasonable
apply for diplomas in the meantime revoked to firefighters outside the
continental territory what in practice would raise a series of
issues since soon because the Portuguese League itself would have to apply
two distinct regimes for their associates.
And) Necessity of the proposed form: impose a diploma with the same
normative hierarchical value.
F) Reference to the issuance of opinions: compliance with Law No 23/98
of May 16 with the participation of the employees through the
commission of workers and union structures in RAM.
G) Reference to the holding of external hearings: They must be heard the
Association of Municipalities of the Autonomous Region of Madeira (AMRAM),
to ANAFRE through its regional delegation, the Delegation of Madeira
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of the National Association of Portuguese Firefighters, the Federation of the
Firefighters from RAM.