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Third Amendment Of Decree-Law No. 290/2001, Of 17 November, Which Approves The Regime Of Office And The Staff Regulations Of The Foreigners And Borders Service (Sef)

Original Language Title: Terceira alteração do Decreto-Lei n.º 290-A/2001, de 17 de Novembro, que aprova o regime de exercício de funções e o estatuto do pessoal do Serviço de Estrangeiros e Fronteiras (SEF)

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CHAIR OF THE COUNCIL OF MINISTERS

1

Proposed Law No. 263 /X

Exhibition of Motives

The Office of Foreign Affairs and Borders (SEF) is a security service which, in the frame of the

internal security policy, has as fundamental objectives the control of movement

of persons at the borders and of the permanence and activity of foreigners in territory

national.

As a security service, the SEF competes with the other services and forces of

safety to ensure internal security, understood as the activity developed by the

State to, specifically, ensure order, safety and public tranquility,

protect people and property and prevent and crack down on crime.

For fulfillment of its mission, the SEF has a composite own organic structure

by central and decentralized services, some of which, in the face of their operational nature,

impose the adoption of special rules of provement of the respective posts, consenting

with the specificity of proceeding directly from research and surveillance actions.

The changes that have occurred in recent years to the level of the migratory phenomenon

require a new approach and a more dynamic form of SEF performance in the

pursuit of its tasks, which must have appropriate projection in the human means,

specifically in the case of the qualifications required for admission to the career of

research and surveillance, whose competences impose the title of higher education.

They also welcome solutions and adopt criteria identical to those that exist in others

organs of criminal police.

CHAIR OF THE COUNCIL OF MINISTERS

2

With a view to achieving these objectives, a one-off adjustment in the Statute of the

Personnel of the SEF, approved by the Decree-Law No. 290-A/2001 of November 17.

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 the following proposed law:

Article 1.

Amendment to the Staff Regulations of the Office of Foreign and Border Services

Article 24 of the Staff Regulations of the Office of Foreign and Border Services, approved

by Decree-Law No. 290-A/2001 of November 17, it is replaced by the following:

" Article 24.

[...]

1-A admission to the internship for provement in the categories of inspector and

adjunct inspector is made from among individuals of Portuguese nationality,

enabled, respectively, with graduation that is defined as

suitable in the notice of opening of the contest, approved in tender

external, whose shelf life could be set between one and three years.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...]. "

Article 2.

CHAIR OF THE COUNCIL OF MINISTERS

3

Addition to the Staff Regulations of the Office of Foreign and Frontiers Service

It is added to the Staff Regulations of the Office of Foreign and Border Office, approved by the

Decree-Law No 290-A/2001 of November 18, Article 17 to the following wording:

" Article 17.

Leading posts with an operational nature

Senior management positions with an operational nature are provided by choice, by

dispatch of the member of the Government responsible for the area of the administration

internal, on a proposal from the national director, from among the constant universe of the

previous article and Articles 66 and 67 of the Decree-Law No. 252/2000, 16 of

October. "

Seen and approved in Council of Ministers of April 9, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs