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Authorizes The Government To Establish The Legal Framework Of The Structure And Organization Of The Services Of The Municipal Administration By Repealing Decree-Law No. 116/84, Of 6 April

Original Language Title: Autoriza o Governo a estabelecer o regime jurídico da estrutura e organização dos serviços da administração autárquica revogando o Decreto-Lei n.º 116/84, de 6 de Abril

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PROPOSED LAW NO. 286 /X/4.

Exhibition of Motives

The structure and organization of the municipal bodies and services currently govern by the

Decree-Law No. 116/84, of April 6, a diploma with about 25 years, which today if

reveals manifestly unsettling of the reality of the local administration.

Effectively, the consolidation of the autonomy of democratic local power in the latter

decades, translated into the strong bet on decentralization of assignments, in various sectors,

for local authorities, presupposes an organisation of the municipal bodies and services

in moulds that allow them to give a better response to the solicitations arising from the

their new assignments and competences.

It is therefore necessary to revise the legislation regulating the functioning of the

municipal bodies and services to new organisational realities, which allow for exercise

of the respective functions according to a more operatively model.

The aim of the present legislative initiative is to provide local authorities with conditions that

enable them to fulfil their broad assignments, relating to the pursuit of

local interests by nature, or the pursuit of general interests which, however,

can be achieved more efficiently by the local administration by virtue of its

close relationship with the populations, in the framework of the constitutional principle of the

subsidiarity.

2

The improvement of the conditions for the exercise of the mission, functions and assignments of the

local authorities, as well as the skills of their respective bodies and services, implies,

since soon, the decrease of the structures and decision-making levels-avoiding the dispersion of

functions and competencies by small organic units-and the recourse to flexible models

of operation in function of the objectives, personnel and technologies available. The

implementation of these two objectives will produce a local administration whose mode of

operation will be fundamentally based on simplification, rationalization and

reengineering of administrative procedures, conferring efficiency, effectiveness, quality and

agility to the performance of its functions and, in a logic of rationalization of services and

of the establishment of transversal work methodologies, the aggregation and sharing of

services that meet needs common to various organic units.

The prevailing legal framework in various fields of the performance of local bodies and services,

such as urban licensing, performance evaluation and staff status

leader, propicuous the dematerialisation of processes, the sharing of objectives, the

administrative simplification and the adoption of new forms of relationship with the municipes,

showing that all the conditions are met to overcome the traditional spraying

of functions, rigidly distributed by various organic units that do not communicate

each other and the lack of recognition of merit and good organizational performance.

In that sense, it is sought, through the present proposal of law and the future decree-law,

ensure greater rationality and operationality of municipal services,

ensuring that greater autonomy of decision always has as a counterpart

a more direct accountability of councillors.

3

The self-governing bodies of the autonomous regions and the Association were consulted

National of Portuguese Municipalities.

It was promoted to the hearing of the National Association of Freguesies.

The procedures stemming from Law No. 23/98 of May 26 were observed.

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:

Article 1.

Subject

Permission is granted to the Government to revoke the Decree-Law No. 116/84 of April 6,

amended by Law No. 44/85 of September 13 by the Decree-Law No. 198/91 of 29 of

May, by Law No. 96/99, of July 17, and by Law No. 169/99 of September 18 and for

approving the new legal regime of the organisation of the services of local authorities.

Article 2.

Sense

This Law of Legislative Authorization is granted to allow the Government to revocation

of the Decree-Law No. 116/84 of April 6, in its current wording, with a view to the approval of

a new legal regime applicable to the organisation of the services of local authorities, in the

sense of gaining greater effectiveness and efficiency in the operation of them.

Article 3.

Extension

The extent of the legislative authorization granted is as follows:

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a) Define as principles of the organization, structure and operation of the services of the

municipal administration the principles of unity and effectiveness of the action, of the

approaching services to citizens, from de-bureaucratization, to the rationalization of

means and efficiency in the allocation of public resources, quantitative improvement and

qualitative of the service provided and the guarantee of participation of citizens;

b) Define that the internal structure of the municipal administration consists of the provision and

organization of the units and organic subunits of the respective services;

c) Define that the process of restructuring the services of the municipal administration

stems from the terms of the Decree-Law No. 200/2006 of October 25 and comprises

all the operations and decisions necessary to bring about the changes

introduced in their respective attributions, competences and internal organic structure;

d) Define that the restructuring process stems during the period of 60 working days,

by competing for the direction of the same to the mayor in the case of the

municipalities, and the freguesie joint, in the case of fregues;

e) Define that it is incumbent upon the municipal assembly, on a proposal from the city hall, to

approval of the model of organic structure, of the nuclear structure, defining the

corresponding nuclear organic units, of the maximum number of units

flexible organic, organic subunits, project teams and teams

multidisciplinary;

f) Define that it is incumbent upon the municipal chamber, on a proposal from the mayor

municipal, the creation of flexible organic units and the definition of the respective

assignments and competences, within the limits set by the municipal assembly, the

establishment of project teams and multidisciplinary teams and the definition of the

remunerative status of the respective leader;

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g) Define that it is incumbent upon the Chair of the municipal chamber to conformation the

internal structure of the organic units and the project teams and

multidisciplinary, by the assignment of the assignment or reallocation of the staff of the respective

map, and, still, the creation, alteration and extinction of organic subunits;

h) Define that it is incumbent upon the assembly of freguesia, on a proposal from the freguesia board,

approve the model of organic structure, define the maximum number of units

flexible organic and the maximum total number of organic subunits;

i) Define that it is incumbent on the freguish board, on a proposal from the chairman of the joint

freguesia, create flexible organic units and subunits and define the respective

assignments and competences, within the limits set by the assembly of freguesia;

j) Define that it is incumbent on the freguesia board to conformation of the internal structure of the

organic units, by allocating you the allocation or reallocation of the staff of the

respective map, and, still, the creation, alteration and extinction of organic subunits;

l) Define that the internal organisation of municipal services should be appropriate to the

assignments of the municipality, obeying a model of hierarchized structure or

of matrix structure;

m) Define that when it is exclusively adopted the hierarchized structure, and since

that is warranted, with a view to increasing flexibility and effectiveness in management,

may be set up, by reasoned deliberation of the city hall, under

proposal of the respective President, temporary project teams and with

specified objectives, directed by municipal project directors;

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n) Allow the hierarchized internal structure to consist of units

nuclear and flexible organic, owing to the nuclear structure of the services being

approved by the city hall, and may be made up of directions or

municipal departments, but corresponding always to a

fixed departmentalization, and being the flexible structure of the services composed of

flexible units, directed by a head of municipal division, created, amended and

extinguished by dispatching of the mayor of the city hall, which will define the

respective skills, as well as the allocation or reallocation of the staff of the

respective map, in accordance with the previously fixed ceiling;

o) Allow, when they are predominantly in cause of execution functions,

may be set up, by dispatch of the mayor of the city hall, subunits

organic within the framework of the organic units;

p) Determine that the reasoned deliberation of the municipal chamber for the creation of

project teams must compulsorily establish the designation of the project, the

terms and the duration of the mandate, with the clear definition of the objectives to be achieved, the

appointment of the project director, the number of elements that must integrate the

project team and the respective functions and the charges and respective cabling

budget;

q) Determine that it is incumbent on the municipal assembly, on a proposal from the chamber

municipal, the fixation of the remunerative status of the chefias, by equating to the

remunerative status of the directors of municipal department or of the heads of

municipal division, as well as the determination of the maximum number of teams

multidisciplinary, and that the constitution and the designation of the members of the teams

multidisciplinary and of the respective chefias, to be carried out compulsorily from among

actual services, it is carried out through deliberation of the city hall, under

proposal of the mayor;

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r) Fix that the services of the local municipal administration are, under the law,

object of annual internal evaluation, defined in own regulation, to which it shall

contribute to modifying and perfecting policies, programmes or projects, improve

the response of the services to the respective users, to perfect the decisions,

streamline the resources and evidencing responsibility, and must be submitted to

appreciation of the municipal chamber, together with the budget proposal, the plan

annual activities for the following year, the breakdown of which should reflect the

internal organisation of services;

s) To determine that the internal organisation of the services of the freguish joints shall be

appropriate to the assignments of the same and to the respective staff and may include the

existence of organic units, headed by an intermediate leader of a second

degree, provided that these have at least five employees, of which two

are superior technicians;

t) Define that the intermediate direction positions of the 2. second of the freguesias is

applied, with due adaptations, the status of the official staff of the chambers

municipal and municipalized services;

u) Determine that the municipal chambers and freguesia joints should promote the

review of its services until December 31, 2010.

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Article 4.

Deadline

The legislative authorization granted by this Law shall be for the duration of 90 days.

Seen and approved in Council of Ministers of May 7, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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The structure and organization of the municipal bodies and services currently govern by the

Decree-Law No. 116/84, of April 6, a diploma with about 25 years, which today if

reveals manifestly unsettling of the reality of the Local Administration.

Effectively, the consolidation of the autonomy of democratic local power in the latter

decades, translated into the strong bet on decentralization of competences, in several

sectors, for local authorities, presupposes an organisation of the organs and services

municipal in moulds that allow them to give a better response to requests

arising out of your new assignments and competences.

It is therefore necessary to adapt the legislation regulating the functioning of the

municipal bodies and services to new organisational realities, which allow for exercise

of the respective functions according to a more operatively model. This aim is

incidentally in line with the reform of the Public Administration that has been undertaken by

this Government.

The modernization of the Public Administration is an essential piece of the strategy of the

Government of growth for the Country. They were done, from the past, all diagnoses,

pending, a mythical "major reform of Public Administration" has long been pending.

This Government has preferred the path of conducting a reformatory process made of steps

positive, firm and consequential, to achieve a more effective Public Administration,

that serves citizens and businesses well, at the time of what is expected of a state

modern. In this context, it is sought that the present decree-law will be articulated with the

set of diplomas relating to the reorganization of the Central Public Administration without,

however, to forget, the acknowledged specificities of the exercise of functions in the

local authorities.

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The purpose of this review is to provide local authorities with conditions to comply with

its broad assignments and relating to the pursuit of local interests by

nature, or general interests that can be pursued more efficiently by the

local administration by virtue of its relationship of proximity to populations, in the

framework of the constitutional principle of subsidiarity.

The improvement of the conditions of the exercise of the mission, functions and tasks of the authorities

places and skills of their organs and services that are radicalized in the decrease of structures

and decision-making levels, avoiding the dispersion of functions or competencies by small

organic units, and in the recourse to flexible models of operation depending on the

objectives, of available personnel and technologies, in simplification, rationalization and

reengineering of administrative procedures, conferring efficiency, effectiveness, quality and

agility to the performance of its functions and, in a logic of rationalization of services and

of the establishment of transversal work methodologies, the aggregation and sharing of

services that meet needs common to various organic units.

The legal framework in place in various fields, such as urban licensing, the

performance evaluation and the status of the governing staff, propicuous the dematerialisation of the

processes, the sharing of objectives, the administrative simplification and adoption of new

forms of relationship with the municipes, so conditions are gathered to overcome the

traditional spraying of functions, rigidly distributed by various units

organic that do not communicate with each other and the lack of recognition of merit and good

organizational performance.

In that sense, it sought, through this proposed law, to guarantee a greater

rationality and operationality of municipal utilities, ensuring that a greater

autonomy of decision always as a counterpart to more accountability

direct from councillors.

11

The governing bodies of the Autonomous Regions, the Association, were heard

National of Portuguese Municipalities and the National Association of Freguestics.

The procedures stemming from Law No. 23/98 of May 26 were observed.

Thus:

In the use of the legislative authorization granted by the Law No. .........................., and in the

terms of the point a) of Article 198 (1) of the Constitution, the Government decrees the

next:

Chapter I

General provisions

Article 1.

Subject

The present decree-law establishes the arrangements for the organization of the services of the authorities

locations.

Article 2.

Scope

The present decree-law applies to the services of the municipal administration of municipalities and

of the freguesias.

Article 3.

Principles

The organization, structure and operation of the services of the municipal administration

shall be guided by the principles of the unity and effectiveness of the action, of the approximation of the

services citizens, de-bureaucratization, rationalization of means and efficiency in the

allocation of public resources, the quantitative and qualitative improvement of the service provided and

of the guarantee of citizen participation, as well as by the remaining constitutional principles

of the administrative activity hosted by the Code of Administrative Procedure.

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Chapter II

Organization of the services of the municipal administration

Section I

Common provisions

Article 4.

Internal structure

1-A The internal structure of the municipal administration consists of the provision and organization

of the units and organic subunits of the respective services.

2-For the purposes of this decree-law, consider:

a) Organic units, the units led by leading personnel;

b) Organic subunits, the units led by personnel with functions of

coordination.

Article 5.

Process of restructuring services

1-The process of restructuring the services of the municipal administration comprises

all operations and decisions necessary for the realization of the changes

in the respective tasks, competences and internal organic structure.

2-The process of restructuring of the municipal administration services has by

object:

a) Nuclear organic units;

b) Flexible organic units;

c) Organic subunits.

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3-The restructuring process commencement after the entry into force of the act which

proceeds, whose approval is up to:

a) In the case of municipalities:

i) To the municipal assembly, on a proposal from the city hall, when in question

are nuclear organic units;

ii) To the mayor of the city hall when they are in cause units

flexible organic or organic subunits.

b) In the case of the municipalized services, to the municipal chamber, under proposal of the

respective board of directors;

c) In the case of the freguesias, to the freguesy assembly, on a proposal from the junta

freguesia.

4-The restructuring process stems during the time of 60 working days, competing for

direction of the same to the mayor, in the case of municipalities, and the

joint of freguesia, in the case of freguestics.

Article 6.

Procedure in case of restructuring

1-After the decision to initiate the restructuring procedure, the responsible body

by its course elabora:

a) List of activities and procedures that must be ensured for the

pursuit and the exercise of attributions and competences and for the realization of the

objectives, in line with existing budgetary availabilities;

b) List of jobs required to ensure the activities and

procedures referred to in the preceding paragraph, by unit and, or, subunit

organic, when justifying, identifying the career and the functional areas,

habilitational and geographical, where necessary, with the respective statement of reasons

and in line with existing budget availabilities;

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c) Comparative map between the number of existing herds in the service and the

number of jobs referred to in the preceding paragraph.

2-The lists and the map referred to in the preceding paragraph are submitted, for approval, to the

executive body.

3-Without prejudice to the provisions of paragraph 7, when the number of jobs is

lower than the number of existing staff in the service there is place for the placement of personnel

in the situation of special mobility or, being the case, to the application of the provisions

proper cessation of the legal public employment relationship.

4-For the purposes of the preceding paragraph, it shall be included in the existing herds in the service the staff

that there exercise functions in service commission regime, ceding of public interest

and internal mobility.

5-For the purposes of paragraph 3, it does not include in the existing herds in the service:

a) Personnel who perform duties in another body, service or entity in one of the scheme

referred to in the preceding paragraph;

b) The staff who find themselves in any license situation, which holds on to this

situation, applying to the respective regime.

6-In the course of the restructuring procedure it also stems from the period of

voluntary mobility of staff, during which the refusal of applications for mobility

general formulated by other services shall be duly substantiated.

7-The staff referred to in paragraph 4 who, at the end of the restructuring procedure, should not

continue to perform duties in the restructured service, may choose to return to your

source service.

8-The staff referred to in para. a) of paragraph 5 is notified of the beginning of the procedure of

restructuring, for, wanting, communicating to your home service, within 10

working days from the notification:

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a) Your return to the home service, applying for the scheme of the herds

existing in the service; or

b) The ticket on the map of the service where it exercises functions, existing agreement of that service,

with the nature of the bond suitable to the type of personnel map of the service in

cause.

9-In the absence of the communication provided for in the preceding paragraph, the personnel referred to therein are

immediately placed in special mobility situation.

10-For selection of staff to be placed in special mobility apply the

methods referred to in Articles 16 to 18 of Law No 53/2006 of December 7.

Section II

Municipal services

Article 7.

Competences of the municipal assembly

To the municipal assembly, on a proposal from the city hall, it competes:

a) Approve the model of organic structure;

b) Approve the nuclear structure, defining the corresponding organic units

nuclear;

c) Define the maximum number of flexible organic units;

d) Define the maximum total number of organic subunits;

e) Define the maximum number of project teams;

f) Define the maximum number of multidisciplinary teams.

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Article 8.

Competences of the city hall

To the city hall, on a proposal from the mayor of the city hall, it competes:

a) Create flexible organic units and definition of the respective assignments and

competences, within the limits set by the municipal assembly;

b) Create project teams;

c) Create multidisciplinary teams and definition of the remunerative status of the

respective leader.

Article 9.

Competences of the mayor of the city hall

To the chairman of the city hall compete the conformation of the internal structure of the

organic units and project and multidisciplinary teams, by allocating you the allocation

or reallocation of the staff of the respective map, and still the creation, alteration and extinction of

organic subunits.

Article 10.

Types of organization

1-A The internal organisation of municipal services shall be appropriate to the tasks of the

municipality, obeying the following models:

a) Hierarchized structure;

b) Matrix structure.

2-Where a mixed structural model is adopted should be distinguished from the areas of

activity by each model adopted, particularly with respect to the provisions of the

n. 1 of the previous article.

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3-When it is exclusively adopted the hierarchized structure, and provided that

justifies, with a view to increasing flexibility and effectiveness in management, can be

created, by reasoned deliberation of the municipal chamber, on a proposal from the

respective president, temporary project teams and with specified objectives,

directed by municipal project directors.

4-A Organic structure referred to in this Article shall be approved by the assembly

municipal, on a proposal from the House and published in Journal of the Republic .

Article 11.

Hierarchized structure

1-A The hierarchized internal structure consists of nuclear organic units and

flexible.

2-A The nuclear structure of the services is approved by the city hall, and may be

composed of directorates or municipal departments, but always corresponding

to a fixed departmentalization.

3-A The flexible structure of the services is composed of flexible units, directed by a

head of municipal division, created, altered and extinguished by dispatch of the president of the

municipal chamber, which will define the respective competences, as well as the allocation or

reallocation of the staff of the respective map, according to the ceiling

previously fixed.

4-When they are predominantly in cause implementing functions, they may be

created, by dispatching of the mayor of the city hall, organic subunits in the

scope of the organic units.

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5-Within the scope of the ceiling previously fixed by deliberation of the assembly

municipal, on proposal of the chamber, flexible organic units are created,

altered or extinguished by dispatch of the speaker of the chamber, which will define the respective

assignments and competences, as well as the allocation or reallocation of the staff of the

respective frame.

6--The dispatching referred to in the preceding paragraph is published in the Journal of the Republic , under penalty

of ineffectiveness.

Article 12.

Project teams

1-A reasoned deliberation of the municipal chamber for the creation of teams of

project must establish compulsorily:

a) The designation of the project;

b) The terms and duration of the mandate, with the clear definition of the objectives to be achieved;

c) The appointment of the project director;

d) The number of elements that should integrate the project team and the respective

functions;

e) The charges and their budgetary cabling.

2-A project team considers itself to be automatically extinguished once the deadline has elapsed

by which it has been constituted, without prejudice to the respective mandate being extended

by deliberation of the municipal chamber, under a reasoned proposal of the respective

president, to which he shall refer, in particular, to the degree of fulfilment of the objectives

initials.

3-Expainting the project team, the project director draws up a report of the activity

developed and of the results achieved, which is submitted to the chamber's appreciation

municipal.

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4-A The deliberation referred to in paragraph 1 is published in the Journal of the Republic , under penalty of

ineffectiveness.

Article 13.

Matrix structure

1-A The matrix structure is adopted whenever the operative areas of the services are able

develop essentially by projects, and they should group together by nuclei of

well-identified skills or product, aiming to ensure the constitution of

multidisciplinary teams based on functional mobility.

2-Compete to the municipal assembly, on a proposal from the city hall, the fixation of the

remunerative status of the chefias, by equating to the remunerative status of the

directors of municipal department or municipal division heads, as well as the

determination of the maximum number of multidisciplinary teams.

3-A The constitution and the designation of the members of the multidisciplinary teams and of the

respective cheats, to be carried out compulsorily from among actual services, is

carried out through deliberation of the municipal chamber, on a proposal from the President of the

chamber.

4-A The deliberation referred to in the preceding paragraph is published in the Journal of the Republic , under penalty

of ineffectiveness.

Article 14.

Evaluation

1-Municipal services are, under the law, the subject of annual internal evaluation,

defined in own regulation, which it shall contribute to:

a) Modifying and perfecting policies, programs or municipal projects;

b) Improve the response of services to their respective users;

c) Perfecting the decisions;

20

d) Rationalize the resources;

e) Evidencing the responsibility.

2-To comply with the provisions of the preceding paragraph, shall be submitted to the

city hall, together with the budget proposal, the annual plan of

activities for the following year, the breakdown of which should reflect the internal organisation

of the services.

Section III

Services of freguesia joints

Article 15.

Competences of the freesthesia assembly

To the assembly of freguesia, on a proposal from the freguesia board, it competes:

a) Approve the model of organic structure;

b) Define the maximum number of flexible organic units;

c) Define the maximum total number of organic subunits.

Article 16.

Competences of the freguish joint

To the freguesia board, on a proposal from the president of the freguesy board, compete to create

units and flexible organic subunits and definition of the respective assignments and

competences, within the limits set by the assembly of freguesia.

Article 17.

Competences of the president of the freguish joint

To the president of the freguesia board competes the conformation of the internal structure of the

organic units, by allocating to you the allocation or reallocation of the staff of the respective map,

and still the creation, alteration and extinction of organic subunits.

21

Article 18.

Organization

1-A The internal organisation of the services of the freesthesia joints shall be appropriate to the

assignments of the same and the respective staff.

2-A The internal organisation of the services may include the existence of organic units,

headed by an intermediate leader of 2. degree, provided that these have, in the

minimum, of five employees, of which two are superior technicians.

3-When they are predominantly at cause execution functions can be created

organic subunits, integrated or not in organic units, provided that

have at least four workers integrated in grade 2 careers.

complexity.

4-Organic units and organic subunits are created by deliberation of the

assembly of freguesia, under a reasoned proposal from the freguesia board.

5-The deliberations referred to in the preceding paragraphs are published in edital, to be affixed to us

style places of the freguesia, under penalty of ineffectiveness.

6-The intermediate direction positions of the 2º degree of the freguesias is applied, with due

adaptations, the status of the governing staff of the municipal chambers and services

municipalized.

Article 19.

Evaluation

The organic units of the freguesias are the subject of assessment, under the law, to which

should contribute to:

a) Modifying and perfecting policies, programmes or projects;

22

b) Improve the response of services to their users;

c) Perfecting the decisions;

d) Rationalize the resources;

e) Evidencing the responsibility.

Chapter III

Final and transitional provisions

Article 20.

Review of internal structures

Municipal chambers and freesthesia joints should promote the review of their

services, in compliance with the provisions of this Law, until December 31, 2010.

Article 21.

Autonomous Regions

The provisions of this diploma shall apply directly and immediately to the services of the

Local authorities of the Autonomous Regions of the Azores and Madeira, without prejudice to the

possibility of introduction of adaptations by own diploma, when required by the

regional specificities.

Article 22.

Abrogation standard

The Decree-Law No. 116/84 of April 6, as amended by Law No. 44/85, is repealed, 13 of

September, by the Decree-Law No. 198/91 of May 29, by Law No. 96/99 of July 17 and

by Law No. 169/99 of September 18.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance