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First Amendment To Decree-Law No. 241/2007, Of 21 June, Which Defines The Legal Regime Applicable To Portuguese Firefighters In Continental Territory

Original Language Title: Primeira alteração ao Decreto-Lei n.º 241/2007, de 21 de Junho, que define o regime jurídico aplicável aos bombeiros portugueses no território continental

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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.