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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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Proposal for Law No. 245 /X/4.

Exhibition of Motives

The reorganization of the superior structure of National Defence and the Armed Forces,

enunciated as a priority in the Government Programme and equally foreseen in the Great

Plan options for the period from 2005 a to 2009, constitutes an imperative vis-à-vis the

need to adapt the institutional frameworks and decision-making and management processes of

resources to the growing complexity of defence and security policies and missions of the

Armed forces.

It is therefore becoming indispensable to realize the reform of the organisation model of the

National Defence and the Armed Forces, so as to restructure and optimise the conditions

of command and operational control in the missions of the Armed Forces, specifically in the

perspective of joint use of forces and their interoperability.

Agree further on the need for the reorganization and implementation of measures of

rationalization of structures, personnel and resource management, the duty of restructuring

of the central administration of the State, established in the Resolution of the Council of Ministers

n. 124/2005, of August 4.

The Organic Law of Bases of the Organization of the Armed Forces, abbreviately designated

by LOBOFA, approved by Law No. 111/91, of August 29, and amended by the Law

n ° 18/95 of July 13 is an instrument that lacks updating.

In this sense, the present proposal of law becomes to include the principles and concepts

military, as well as the hierarchical and operational decision-making framework of the Armed Forces,

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including the command structures in a state of war and for the fulfillment of the

set of the missions that fit the Armed Forces, as well as other relevant issues

for your organization, functioning and discipline.

In the operational plan, the solutions enshrined in this proposed law aim to ensure

the best conditions for the employment of military forces, notably in the new

international missions through the new organization of the State-Biggest-General of Forces

Armed, including the Joint Chiefs of Staff and the Joint Operational Command. The

objective is the improvement of operational response capacity, in line with the new

job requirements of forces, indispensable conditions to ensure a growing

projection capacity, either in autonomous missions or in international missions.

Following the guidelines for the implementation of the reorganization of the superior structure of Defence

National and the Armed Forces, expressed in the Resolution of the Council of Ministers n.

39/2008, of February 28, the present proposal of law shall thus ensure the appropriate

articulation and coherence with the defined solutions.

Thus:

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

Assembly of the Republic the following proposal for a law:

The Organic Law of Bases of the Organization of the Armed Forces

CHAPTER I

General principles

Article 1.

Armed forces

1-The Portuguese Armed Forces are an essential pillar of National Defence and

constitute the structure of the State which has as the fundamental mission to guarantee the defence

military of the Republic.

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2-The Armed Forces obey the competent organs of sovereignty, pursuant to the

Constitution and the law, and integrate into the direct administration of the State, through the

Ministry of National Defence.

3-The organs of the State directly responsible for national defence and the Forces

Armed are the following:

a) President of the Republic;

b) Assembly of the Republic;

c) Government;

d) Top National Defense Council;

e) Military Top Council.

4-The Minister of National Defence is politically responsible for the elaboration and implementation

of the military component of the national defense policy, by the administration of the Forces

Armed and results of your employment.

5-In addition to those referred to in the preceding paragraphs, the organs of the State directly

responsible for the Armed Forces and the military component of the national defence are the

following:

a) Council of Chiefs of Chiefs of Staff (CCEM);

b) Head of the State-Major-General of the Armed Forces;

c) Chiefs of Staff of the Armada, the Army and the Air Force.

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Article 2.

Operation of the Armed Forces

1-A military defence of the Republic, guaranteed by the State shall be ensured in exclusive by the

Armed forces.

2-The operation of the Armed Forces is directed towards its permanent preparation,

having in view their performance to cope with any kind of aggression or threat

external.

3-A the performance of the Armed Forces develops in respect of the Constitution and the law,

in execution of the defined national defence policy and the strategic defence concept

national approved, and in such a way as to correspond to the standards and guidelines established in the

following structuring documents:

a) Military strategic concept;

b) Missions of the Armed Forces;

c) System of forces;

d) Device of forces.

Article 3.

Military strategic concept

1-The military strategic concept, stemming from the strategic concept of national defence

approved, sets out the major conceptual lines of acting of the Armed Forces and the

general guidelines for your preparation, employment and livelihood.

2-The military strategic concept is drawn up by the Council of Chiefs of Staff,

approved by the Minister of National Defence and confirmed by the Higher Council of

National Defense.

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Article 4.

Missions of the Armed Forces

1-Under the Constitution and the law, it is incumbent on the Armed Forces:

a) Perform all the military missions necessary to ensure sovereignty, the

national independence and the territorial integrity of the State;

b) Participate in the international military missions necessary to secure the

international commitments of the state in the military sphere, including missions

humanitarian and peace assumed by the international organizations that Portugal

take part;

c) Carry out missions abroad of the national territory, in an autonomous framework or

multinational, designed to ensure the safeguarding of the life and interests of the

Portuguese;

d) Carry out the technical-military cooperation actions, in the framework of national policies

of cooperation;

e) Collaborate with the forces and security services in internal security;

f) Cooperate with the forces and security services with a view to compliance

conjugated to their respective missions in combating aggression or threats

transnational;

g) Collaborate on civil protection missions and task-related tasks

of basic needs and the improvement of the quality of life of populations.

2-The Armed Forces may be employed, pursuant to the Constitution and the law, when

if you check the state of site or emergency.

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3-Specific missions of the Armed Forces arising from the missions set out in the

previous figures are approved by the National Defense Council, under

proposal of the Minister of National Defence, drawn up on the basis of a project of the Council of

Chiefs of Staff.

Article 5.

System of forces and device of forces

1-The system of forces defines the types and quantitative of forces and means that must exist

for the fulfillment of the missions of the Armed Forces, taking into account their capabilities

specific and the appropriate operational complementarity of the means.

2-The system of forces consists of:

a) An operational component, encompassing the set of forces and means

related to each other in an integrated operational employment perspective;

b) A fixed component, encompassing the set of essential organs and services to the

organization and general support of the Armed Forces and their branches.

3-The system of forces shall, in the time limits accepted in the general defence plans or in the

contingency plans, dispose of capacity to reach the levels of forces or means in them

considered.

4-The system of forces is approved by the National Defense Council, under

proposal of the Minister of National Defence, drawn up on the basis of a project of the Council of

Chiefs of Staff.

5-The device of forces is approved by the Minister of National Defence, on the basis of

proposal of the Council of Chiefs of Staff.

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Article 6.

General principles of organisation

1-A The organisation of the Armed Forces has as essential objectives the apronment

efficient and effective operational employment of forces in the fulfillment of the missions

assigned.

2-A The organization of the Armed Forces is governed by principles of efficacy and rationalization,

owing, in particular, to ensure:

a) The optimization of the relationship between the operational component of the system of Forces and the

its fixed component;

b) The articulation and complementarity between the EMGFA and the branches, avoiding

unnecessary duplications and creating joint, inter-branches or supporting bodies

more than one branch whenever objective reasons advise you;

c) The correct use of human, military or civil potential, by promoting full and

proper harnessing of the permanent frames and ensuring a correct

proportion and articulation between the various forms of effective service delivery.

3-In respect for its fundamental mission, the organization of the Armed Forces shall

allow the transition to the state of war to take place with the minimum of changes

possible.

Article 7.

Structure of the Armed Forces

1-A The structure of the Armed Forces comprises:

a) The State-Major General of the Armed Forces;

b) The three branches of the Armed Forces, i.e., Navy, Army and Air Force;

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c) The military organs of command of the Armed Forces.

2-The military commanding bodies of the Armed Forces are the Chief of the General Staff-

General of the Armed Forces and the heads of state-largest of the branches.

CHAPTER II

Organization of the Armed Forces

SECTION I

State-Biggest-General of the Armed Forces

Article 8.

State-Biggest-General of the Armed Forces

1-The State-Biggest-General of the Armed Forces, abbreviated by

EMGFA, has by general mission to plan, drive and control the employment of the Forces

Armed in the fulfillment of the missions and operational tasks that these are incumbent upon.

2-The EMGFA has yet as a mission to ensure the functioning of the Institute of

Superior Military Studies and Armed Forces Hospital.

3-The EMGFA constitutes itself as the headquarters of the Armed Forces,

understanding the set of the appropriate structures and capacities to support the Chief

of the State-Major General of the Armed Forces in the exercise of their powers.

Article 9.

Organization of the State-Major General of the Armed Forces

1-The EMGFA is headed by the Chief of Staff-General of the Armed Forces and

understands:

a) The Joint Chiefs of Staff;

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b) The Joint Operational Command;

c) The Operational Commands of a joint nature of the Azores and Madeira;

d) The commandos-bosses who, in a state of War eventually constitute themselves in the

dependency of the Chief of Staff-General of the Armed Forces;

e) The Center for Military Information and Security;

f) The general support bodies.

2-Within the framework of the EMGFA are still being made as organs in direct dependence on the

Head of State-Major General of the Armed Forces and regulated by own legislation:

a) The Institute of Military Higher Studies;

b) The Hospital of the Armed Forces.

3-The Joint Chiefs of Staff, abbreviated by EMC, constitutes the organ

of planning and support for the decision of the Chief of the Chief of the Forces-General of the Forces

Armed, including for the military strategic prospective and joint military doctrine,

as well as for the military component of external defence relations.

4-The Joint Operational Command, abbreviately designated by COC, endowed

of the necessary valences of command, control, communications and systems of

information, is the permanent organ for the exercise, on the part of the Head of State-

Largest-General of the Armed Forces, of the operational level command of all the

forces and means of the operational component in all manner of situations and for the

specific missions of the Armed Forces considered as a whole, with the exception

of the approved private missions, of missions governed by own legislation and of

other missions of an operational nature that are assigned to the branches.

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5-The COC further ensures the connection with the security forces and services and others

state bodies related to security and defence and Civil Protection, in the

scope of its tasks.

6-For the purposes set out in paragraphs 4 and 5, the COC joints itself functionally and in

permanence, with the component commands of the branches, including for the tasks of

administrative coordination-logistics, without prejudice to the own competences of the

Chiefs of Staff of the branches.

7-The Operational Commands of the Azores and Madeira, abbreviately designated,

respectively, by COA and COM, are bodies of command and control of nature

dependent joint, for the operational employment, of the COC, with the aim of

carry out the planning, joint operational training and operational employment of the

forces and means that are assigned to them.

8-In a state of war, they may be constituted, in the dependence of the Head of State-

Largest-General of the Armed Forces, commandos-chiefs with the aim of enabling the

conduct of military operations, availing the respective commanders of the

skills, forces and means that are heard from them by letter of command.

9-The Center for Military Information and Security is responsible for the production of

information necessary to comply with the missions of the Armed Forces and the guarantee

of military security.

10-General support bodies ensure the necessary administrative-logistical supports

to the operation of the EMGFA.

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SECTION II

Head of the State-Major-General of the Armed Forces

Article 10.

Head of the State-Major-General of the Armed Forces

1-The Chief of the State-Major-General of the Armed Forces is the chief advisor

military of the Minister of National Defence and the head of highest authority in the

hierarchy of the Armed Forces.

2-The Chief of the State-Major-General of the Armed Forces is responsible for the

planning and implementation of operational military strategy, responding in

remain before the Government, through the Minister of National Defence, by the

capacity of military response of the Armed Forces, specifically by preparedness,

employment and sustainment of the Operational Component of the Forces System.

3-In situation not arising from the state of war, the Chief of the State-Major-General

of the Armed Forces as the operational commander, holds the maximum authority for the

operational command exercise of the Armed Forces, being the responsible for the

employment of all forces and means of the Operational Component of the Forces System,

for fulfillment of the missions, in the external and internal plans.

4-In the operational command exercise, referred to in the preceding paragraph, the Head of the

State-Major-General of the Armed Forces has hierarchical authority over the

operational commands and exercises the operational command of the joint forces and forces

nationals who constitute themselves in their dependence, having as direct subordinates,

to this effect, the commanders of those commandos and forces.

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5-A sustenance of joint forces and national contingents and forces

in the preceding paragraph competes with the branches of the Armed Forces, depending on the

respective heads of state-largest of the Chief of the State-Major General of the Forces

Armed, for this purpose.

Article 11.

Competencies of the Chief of the Chief of Staff-General of the Armed Forces

1-Compete to the Chief of the State-Major-General of the Armed Forces:

a) Planning, directing and controlling the implementation of the strategy of military defence,

superiorly approved, ensuring the articulation between the levels

politico-strategic and strategic-operational, in close connection with the Heads

of the General Staff of the branches;

b) Ensuring the direction and supervision of military operations at the strategic levels and

operational;

c) Chairing the Council of Chiefs of Staff, availing of a quality vote;

d) Developing the military strategic prospective, particularly within the framework of the

processing processes;

e) Confirm the certification of the forces belonging to the operational component of the

system of forces and certify the joint forces, assessing their state of

preparedness, its operational effectiveness and the ability to sustain, promoting the

adoption of the corrective measures taken by necessary;

f) In the framework of the planning of forces, assessing the military situation, issuing the directive

of planning of forces, assessing the military suitability of the force proposals,

draw up the draft proposals of national forces, carry out the respective analysis

of risk and draw up the project of national strength objectives;

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g) Within the framework of military programming, to draw up, under the planning directive of the

Minister of National Defence, the drafts of draft laws of

military programming and programming law of military infrastructure,

concerning the EMGFA;

h) Managing the command, control, communications and military information systems of

operational scope, including the respective security and definition of requirements

operational and technical, in observance of the integrative policy established by the

ministry for the whole area of Information Systems and Technologies of

Information and Communication (SI/ICT) in the universe of National Defence;

i) Directing the Center for Information and Security Military of nature

strategic-military and operational, to the advantage of the planning and conduct of the

missions committed to the Armed Forces and the actions necessary for the guarantee of the

military security, in articulation with the Joint Chiefs of Staff of the branches,

in particular in the aspects concerning the uniformity of the respective doctrine and

procedures and the training of human resources;

j) Coordinate, within the framework of your competences and under the guidance of the Minister of

National Defence, the participation of the Armed Forces in the external plan,

specifically in relations with military bodies of other countries or

international and other activities of a military nature, in the bilateral plans and

multilateral, including the coordination of the participation of the branches of the Forces

Armed in joint actions of technical-military cooperation in commitments

arising from the respective Framework Programs coordinated by the Directorate General

of National Defense Policy;

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l) Directing the action of military representatives in diplomatic representations in the

foreign, without prejudice to its functional dependence on the Directorate General of

National Defense Policy;

m) Planning and directing joint operational training and formulating guidelines for the

training to follow in the combined exercises;

n) Drive the design and processes of approval, ratification and implementation of the

joint military doctrine and conjuncta/combined, in articulation with the Heads

of Staff of the branches;

o) Directing the joint military higher education, delivered at the Institute of Studies

Superior Military, in articulation with the Chiefs of Staff of the branches,

in the direction of promoting the doctrine and joint military training of the officers of the

Armed forces;

p) Directing the hospital assistance provided by the Armed Forces Hospital, in

articulation with the Heads of Staff of the branches, in observance of the

health policies in the military approved by the Minister of National Defence;

q) Directing the organs placed in their dependence, specifically practise the acts

of management regarding military and civilian personnel that integrates those organs, without

prejudice to the competence of the heads of the state-largest of the branches to which the staff

military belongs;

r) Exercising assignments that fit you in the framework of military justice and administer the

discipline in the organs of themselves dependent;

s) Submit to the Minister of National Defence the matters of a general nature,

specific of the organs placed in their dependence;

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t) To propose the establishment of restrictions on the exercise of the right of ownership,

relatively to confined zones with organizations or military installations in the

your dependence or of interest for National Defence;

u) To study and plan the preparation of the passage of the Armed Forces to the state of

war, notably as to the military's mobilization and requisition and the manner of

participation of the non-military components of the national defence in support of the

military operations, without prejudice and in articulation with the other services

competent of the Ministry of National Defence;

v) Driving the operations covered by the previous point of war, in the cases

and pursuant to the applicable law;

x) Exercise, in a state of war or of exception, the operational command of forces

of security when, under the law, those are placed in your

dependency.

2-Compete still to the Chief of the State-Major-General of the Armed Forces, heard the

Council of Chiefs of Staff:

a) Draw up the employment plans of forces, in accordance with the directives of the

Government, and carry out the necessary international coordination of the endeavors

in the multinational framework;

b) Draw up and submit to the approval of the Minister of National Defence the plans of

military defence and contingency plans;

c) To propose to the Minister of National Defence the employment of the Armed Forces in the

satisfaction of international commitments, specifically the options for response

military;

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d) Ensuring, with the Secretary General of the Internal Security System, the articulation

operational relating to the cooperation between the Armed Forces and the forces and the

security services for the purposes set out in points e) and f) of the Article 1 (1)

4.

e) Within the framework of military programming and under the planning directive of the Minister

of National Defence, harmonize the preliminary draft of the proposed law of

military programming, to refer to the Military Superior Council and after approved the law,

follow up with the corresponding implementation, without prejudice to the skills

specific to other organs and services of the Ministry of National Defence;

f) Give opinion on the annual budget projects of the Armed Forces in the

aspects that have an incidence on the operational capability of the forces;

g) To propose the constitution and extinction of joint commandos and joint forces;

h) To propose to the Minister of National Defence the appointment and exoneration of the

commanders of the operational commands, of the Directors of the Institute of Studies

Superior Military and Hospital of the Armed Forces and the head of the Center of

Military Information and Security;

i) To propose to the Government, through the Minister of National Defence, the nominations and

exonerations that are formulated by your initiative;

j) To propose to the Minister of National Defence the levels of preparedness and sustaining

of the forces;

l) Define the conditions of employment of forces and means allocated to the component

operation of the system of forces in the fulfilment of the assignments and tasks referred to

in the points e) , f) and g) of Article 4 (1);

m) Approve and ratify the joint military doctrine and conjuncta/combined.

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Article 12.

Appointment of the Chief of the Chief of Staff-General of the Armed Forces

1-The Chief of the State-Major-General of the Armed Forces is appointed and exonerated

by the President of the Republic, on a proposal from the Government, to which it shall be preceded by the

hearing, through the Minister of National Defence, of the Council of Heads of

General Staff.

2-Where possible should the Government initiate the process of appointment of the Chief of the

State-Major-General of the Armed Forces at least one month before the vacancy of the

cargo, so as to allow at this time the immediate replacement of the respective holder.

3-If the President of the Republic disagrees with the proposed name, the Government shall submit-

will-to you new proposal.

Article 13.

Replacement of the Chief of the Chief of Staff-General of the Armed Forces

The Chief of the State-Major-General of the Armed Forces is replaced, in his absence

or hindrance, by the Chief of Staff of the branch in office longer.

SECTION III

Branches of the Armed Forces

Article 14.

Branches of the Armed Forces

The branches of the Armed Forces, i.e., Navy, Army and Air Force, have for

main mission to participate, in an integrated manner, in the military defence of the Republic, in the

terms of the provisions of the Constitution and the law, being fundamentally vocationalized

for the generation, preparation and sustaining of the forces of the operational component of the

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System of National Forces, ensuring also the fulfillment of the missions

private individuals approved and of other operational nature assignments that are

assigned, including those regulated by own legislation.

Article 15.

Organization of the branches of the Armed Forces

1-For fulfillment of the respective missions, the branches are commanded by the

respective Chief of Staff and understand:

a) The state-majority;

b) The central bodies of administration and direction;

c) The component command;

d) The organs of council;

e) The inspection bodies;

f) The basic organs;

g) The elements of the operational component of the system of national forces.

2-The larger states constitute the planning bodies and support for the decision of the

respective heads of state-largest and can only assume steering functions,

control, advice and inspection when there are no organs with those skills.

3-The central bodies of administration and steering have functional character and aim

to ensure the direction and implementation of specific areas or activities essential, according to

with the superiorly defined guidelines.

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4-Commandos of component-naval, land and air-are intended to support the

exercise of the command by the heads of state-largest of the branches, having in view:

a) The preparation, the apronment and the livelihood of the forces and means of the respective

operational component of the system of forces and still the fulfillment of the

respective approved private missions and other nature missions

operational that are assigned to them, including those regulated by legislation

own, articulating itself functionally and in permanence with the Command

Joint Operational.

b) The administration and direction of the units and organs of the fixed component

in its direct dependence.

5-The governing bodies are intended to support the decision of the head of the state-largest of the

branch in special and important matters in the preparation, discipline and administration of the

branch.

6-The inspection bodies are intended to support the exercise of the control function and

assessment by the head of state-major.

7-Basic organs those aiming at the formation, sustainment and general support of the branch.

8-The elements of the operational component of the system of forces are the forces and

means of the branch intended for the fulfilment of the missions of an operational nature.

9-The branches may still have other organs that integrate regulated systems

by own legislation, namely the Maritime Authority System.

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SECTION IV

Chiefs of Staff of the branches

Article 16.

Chiefs of Staff of the branches

1-The Joint Chiefs of Staff of the Armada, the Army and the Air Force commanded

the respective branches and are the military chiefs of highest authority in their

hierarchy, being the main collaborators of the Minister of National Defence and the

Head of the State-Major General of the Armed Forces in all specific subjects

of your branch.

2-In the frame of the missions committed to the Armed Forces, in a situation not arising

of the state of war, the heads of state-largest of the branches integrate the structure of

operational command of the Armed Forces, as subordinate commanders of the Chief

of the State-Major-General of the Armed Forces, aiming for permanent articulation

functional of the respective component command with the Operational Command

Set.

3-The Chiefs of Staff of the branches are still responsible for compliance

of the respective approved private missions and other missions of nature

operational that are assigned to them, including those regulated by their own legislation.

4-In the situation referred to in the preceding paragraphs, and without prejudice to the skills

generics of the Chief of the State-General of the Armed Forces and the Council of

Chiefs of Staff in matters of coordination and harmonization, the Heads of

General Staff of the Armada, Army and Air Force relate directly to:

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a) The Minister of National Defence, specifically, within the framework of sustained management

of herds and careers, of the current management of material, financial and

infrastructure;

b) The Chief of the State-General of the Armed Forces in the related aspects

with the training of the operational units, military information, higher education

joint military, joint doctrine, military health and harmonisation of the preliminary draft

of the proposed military programming law.

Article 17.

Competences of the Chiefs of Staff of the branches

1-Compete to the Chiefs of Staff of each branch, without prejudice to the provisions of the

article 11:

a) Drive, coordinate and administer the respective branch;

b) Ensuring the generation, preparedness, apportionment and sustainment of forces and

means of the respective branch;

c) Certify the forces of the respective branch;

d) Exert the command of the forces and means that integrate the operational component

of the system of national forces belonging to its branch, as commanders

subordinates of the Chief of the State-Major General of the Armed Forces for the

operational activity and without prejudice to the specific assignments that are to them

committed under the law, with the exclusion of joint forces and the

contingents and national forces that are placed or constituted under

direct operational command of the Chief of the General Staff-General of the Forces

Armed, as long as they remain in that situation;

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e) Keep the Chief of the State-Major-General of the Armed Forces permanently

informed about the preparedness and commitment of forces and means to the

operating component of the system of forces;

f) Define the specific operational doctrine of the branch appropriate to military doctrine

joint established;

g) Nominate and exonerate the officers for command, steering and managerial roles in the

scope of the respective branch, without prejudice to what on the matter provides the Law of

National Defence;

h) Ensuring the conduct of technical-military cooperation activities in the projects

in which they are constituted as primarily responsible entities, as

respective framework programmes coordinated by the Directorate-General for Policy of

National Defence;

i) Planning and executing, in accordance with the established guidelines, the activities of

combined operational training of a bilateral character.

2-Compete still to the Chiefs of Staff of the branches:

a) Formulate and propose the structural strategy of the respective branch, its processing

and the genetic strategy associated with the weapons systems needed by their

reequipment, in cycle with the ministerial directives.

b) Present to the Chief of the State-Major General of the Armed Forces the positions and

the proposals of the respective branch in respect of the subjects of competence

of that military organ of command;

c) Within the scope of planning of forces and military equipment programming and

infrastructure, carry out the analyses and draw up the proposals relating to the respective

branch;

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d) Decide and sign the promotions of the officers of the respective branch up to the post of

colonel or captain-of-sea-and-guerra;

e) To propose to the Council of Chiefs of Staff, under the Act, the promotion to

officer general and general officers of his branch;

f) Exercising assignments that fit you in the framework of military justice and administer the

discipline in the respective branch;

g) To propose the establishment of restrictions on the exercise of the right of ownership,

relatively to confined areas with organizations or facilities of the respective

branch or of interest for national defence;

h) Submit to the Minister of National Defence the matters of a general nature,

specific to the respective branch, unrelated to the own competences

of the Chief of the General Staff-General of the Armed Forces.

Article 18.

Appointment of the Heads of Staff of the branches

1-The Chiefs of Staff of the branches are appointed and exonerated by the President

of the Republic, on a proposal from the Government, to which it shall be preceded by the hearing, through

of the Minister of National Defence, of the Chief of the Chief of Staff-General of the Forces

Armed.

2-The Chief of the State-Major-General of the Armed Forces pronounced, in the terms

of the previous number, after hearing of the Higher Council of the respective branch.

3-Where possible should the Government begin the process of appointing the Heads of

General Staff of the branches at least one month prior to the vacancy of the office, so to

allow at this time the immediate replacement of the respective holder.

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4-If the President of the Republic disagrees with the proposed name, the Government shall submit-

will-to you new proposal.

SECTION V

Military bodies of council

Article 19.

Council of Chiefs of Staff

1-The Council of Chiefs of Staff is the main military body of character

coordinator and has the administrative skills set out in the law.

2-Are members of the Council of Chiefs of Staff, the Chief of the Joint Chiefs of Staff-

General of the Armed Forces, who presides over and has a quality vote, and the Heads of

General Staff of the branches, without prejudice to other military entities may be

invited to participate in their meetings, with no voting rights.

3-Compete to the Council of Chiefs of Staff deliberating on:

a) The elaboration of the military strategic concept;

b) The elaboration of the draft definition of the specific missions of the Forces

Armed, the systems of national forces and the military device;

c) The plans and reports of military information and security activities in the

Armed forces;

d) The harmonisation of the preliminary draft of the annual budget of the Forces

Armed, to refer to the Military Superior Council;

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e) The harmonisation of the preliminary draft of the proposed schedule of infra-

military structures;

f) The criteria for the operation of joint military higher education imparted

at the Institute of Military Higher Studies in the direction of promoting doctrine and

the joint military training of the officers of the Armed Forces;

g) The criteria for the operation of the Hospital of the Armed Forces;

h) The promotion to general officer and general officers;

i) Your regiment.

4-Compete to the Council of Chiefs of Staff to give advice on:

a) The proposals for defining the strategic concept of national defence;

b) The draft of proposals by national forces and the preliminary draft law of

military programming;

c) The joint military doctrine and conjuncta/combined;

d) The acts of the competence of the Chief of the Chief of Staff-General of the Armed Forces

that are lacking in their prior opinion;

e) Any matters that are subject to your consideration by the Minister of

National Defence, as well as on others that the Chief of the State-Major-General

of the Armed Forces understand to submit it on their own initiative, or the solicitation

of the heads of state-largest of the branches.

5-A implementation and the possible diffusion of the deliberations of the Council of Heads of State-

Greater compete to the Chief of the State-Major-General of the Armed Forces.

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Article 20.

Superior advice from the similar branches and bodies

1-In each of the branches of the Armed Forces there is a superior council of the branch,

chaired by the respective Chief of Staff.

2-There are still class councils in the Armada, advice of arms and services in the

Army and specialty advice in the Air Force.

3-The boards referred to in the preceding paragraph always integrate elected members, the

which are never in number less than 50%.

4-A composition, competence and mode of operation of the boards referred to in the

number 2 are set out in special law.

SECTION VI

Common provisions

Article 21.

Common provisions

1-From the acts of the Chief of the State-Major General of the Armed Forces and the Heads of

General Staff of the branches is not up to hierarchical appeal.

2-In the jurisdictional proceedings that have as an object the action or omission of organs

of the Armed Forces in matters of discipline and personnel administration, part

demanded is the State-Major-General of the Armed Forces or the respective branch,

as per cases, being represented in judgment by counsel or by licensee in

right with legal support functions, constituted or designated by the respective Chief

of Chiefs of Staff.

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CHAPTER III

The Armed Forces in a state of war

Article 22.

The Armed Forces in a state of war

1-In a state of war, the Armed Forces have a predominant function in defence

national and the Country commit all necessary resources in support of military actions and

your execution.

2-Declared the war, the Chief of the State-Major-General of the Armed Forces assumes

full command of the Armed Forces, is accountable 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 State-Major-General of the Armed Forces

exercises, under the authority of the President of the Republic and the Government, the command

complete of the Armed Forces:

a) Directly or through the commanders-heads for the operational command,

having as commanders adjoining the heads of state-largest of the branches;

b) Through the Heads of Staff of the branches for the administrative aspects-

logistics.

3-The Chiefs of Staff of the branches respond by the implementation of the directives

superiors and guarantee the performance of their respective forces before the Head of the State-

Greater General of the Armed Forces, depending on this one in all respects.

4-The Council of Chiefs of Staff assists, in permanence, the Chief of the

State-Major-General of the Armed Forces in the conduct of military operations and the

drafting of the proposals for the appointment of the commanders of the theatres and areas of

operations.

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5-Compete to the Chief of the State-Major-General of the Armed Forces present to the

Minister of National Defence, for decision of the National Defence Council,

the draft definition of theatres and areas of operations, as well as the proposals of

appointment or exoneration of the respective commanders and of their letters of command.

CHAPTER IV

Nominations and promotions

Article 23.

Common rules as to the appointment of Joint Chiefs of Staff

1-The Chief of the State-Major General of the Armed Forces and the Joint Chiefs of Staff

of the branches are named, from among admirals, deputy almirants, generals or lieutenant-

generals, in the situation of assets, for a period of three years, extended by two years,

without prejudice to the faculty of exoneration at all time and of exoneration by limit of

age.

2-To the proposed military for the posts of Chief of the State-Major General of Forces

Armed and Chiefs of Staff of the branches, which matches the rank of admiral or

four-star general, it is since the date of the Government's proposal, suspended the limit of

age of passage to the reserve, prolonging the suspension, relatively to the nominee, until

to the end of the respective mandate.

Article 24.

Appointments

1-The appointments of officers for commanding positions in the Armed Forces, as well as the

corresponding exonerations, takes place by decision of the head of state-largest of the

respective branch, without prejudice to the provisions of the following.

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2-Compete to the President of the Republic, on a proposal from the Government, formulated after

initiative of the Chief of the General Staff-General of the Armed Forces and approved by the

Top National Defense Council, appoint and exonerate:

a) The President of the Supreme Military Court;

b) The commanders-chefes;

c) The commanders or military representatives along with any alliance of which

Portugal to be a member, as well as generational officers, commanders of force

naval, land or air, intended for the fulfillment of missions in that framework.

3-Compete to the Minister of National Defence to appoint and exonerate, on a proposal from the Chief

of state-largest of the respective branch, the holders of the following posts:

a) Deputy chiefs of state-largest of the branches;

b) Commanders of the component, naval, ground and air commands;

c) Commanders of the Military Academy, the Naval School and the Academy of the Force

Air.

4-Compete to the Minister of National Defence, on a proposal from the Chief of the General Staff-

General of the Armed Forces, heard the Council of Chiefs of Staff, appoint and

exonerate the holders of the following posts:

a) Commander of the Joint Operational Command;

b) Commanders of the operational commands of the Azores and Madeira;

c) Head of the Center for Military Information and Security;

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d) Director of the Institute of Military Higher Studies;

e) Director of the Hospital of the Armed Forces.

5-The nominations and exonerations referred to in points a) of paragraphs 3 and 4 shall be

confirmed by the President of the Republic, without which they do not produce any effects.

6-To the military proposed for the post of President of the Supreme Military Court, well

as for the military posts in international organizations that Portugal is a part of and

the one that matches the rank of Admiral or four-star general, it is, since the date of the

proposal of the Government, suspended the age limit of passing the reservation, prolonging

the suspension, in respect of the nominee, until the expiry of the respective term of office.

Article 25.

Promotions

1-The promotions to officer general, as well as the promotions of general officers, of

any branch of the Armed Forces takes place upon deliberation in that sense of the

Council of Chiefs of Staff, preceded by proposal of the respective head of

state-largest, heard the top council of the branch.

2-The promotions referred to in the preceding paragraph shall be subject to approval by the Minister of

National defence and confirmation by the President of the Republic, without what they do not produce

any effects.

3-Promotions up to the rank of colonel or captain-of-sea-and-war carry out

exclusively within the framework of the Armed Forces, listened to the advice of arms, services,

classes or specialties.

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CHAPTER V

Final provisions

Article 26.

Operational articulation between the Armed Forces and the forces and services of

security

1-The Armed Forces and the forces and the security services cooperate with a view to the

conjugate fulfillment of its missions for the purposes set out in points e) and f) from the

n Article 4 (1).

2-To ensure the cooperation provided for in the preceding paragraph, the

structures and procedures that guarantee the interoperability of equipment and

systems, as well as the common use of operating means.

3-Compete to the Chief of the State-Major-General of the Armed Forces and the Secretary-

General of the Internal Security System to ensure among itself the operational articulation, for

the effects provided for in the preceding paragraphs.

Article 27.

Development

The general bases of this Law, in particular with regard to the organization of the State-

Greater-General of the Armed Forces and the branches, are developed upon decree-law.

Article 28.

Abrogation standard

It is repealed Law No 111/91 of August 29, amended by Law No. 18/95 of July 13.

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Article 29.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of December 11, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs