Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 23 /XI/1.
Exhibition of Motives
The economic and financial stability of the Eurozone has to be ensured, by the individual
State Member to assume its responsibilities, both at the level of development of
sans internal policies, whether through solidarity participation in scope initiatives
European who aim to safeguard that stability.
There is not currently in European law a specific regulatory framework for
resolution of crisis situations that jeopardize economic and financial stability
of the Eurozone. In that measure, and in a context in which a Member State upfront
financial difficulties that do not allow it to regulate financing by the markets
financial, the remaining Member States shall have the legal mechanisms that
allow for prompt and coordinated performance in the direction of complying with your
European bonds and guarantee financial stability in the Eurozone.
In the national framework, it stands out for the Initiative for the Strengthening of Financial Stability
(IREF) that arose in the framework of a coordinated response from the Member States of the Union
European, as an instrument of governing action to combat the effects of the crisis
international financial and response to the expected difficulties at a juncture
adverse economic.
IREF is thus an important tool already at the disposal of the Portuguese State and has
coming to be implemented in various mechanisms that allow to contribute to the
maintenance of the regular operation of financial markets.
At this time it matters to expand the subjective scope of the Initiative allowing the State to
Portuguese can associate with the remaining member states of the Eurozone in the
funding for Member States of the Euro zone who face financial difficulties
which put into question the stability of the single currency.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 23 /XI/1.
With this Act, it may the Government to provide loans and carry out other operations of
active credit to Member States of the Eurozone, as well as providing personal guarantees of the
State to operations that target the financing of those states, with the aim of guaranteeing
the financial stability of the Eurozone.
The financing operations that the Portuguese state will be part of are coordinated with
the remaining member states of the Eurozone and with the Community instances, will not have
concessional nature and shall be subject to the adoption by the State member state to be financed from
certain conditions, in order to hold you accountable and to encourage such a rapid return
how much possible to finance by the market.
The Bank of Portugal and the Institute of Treasury and Credit Management were heard.
Public. I. P.
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
1-The Government may, through the member of the Government responsible for the area of finance,
with the faculty of delegation, grant loans and carry out other operations of
credit active to States Members of the Euro zone and provide personal guarantees of the State
to operations that target the financing of those states, in the framework of the initiative for the
reinforcement of financial stability.
2-The conditions of the operations to be carried out in the terms of the previous number are negotiated
by the member of the Government responsible for the area of finance, with the faculty of
delegation.
Article 2.
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 23 /XI/1.
Purpose
The present law aims to allow the Portuguese state to join coordinated initiatives of the
Member states of the eurozone and other community bodies to ensure stability
economic and financial of the Eurozone.
Article 3.
Budgetary limits
The operations provided for in Article 1 benefit from budgetary and financing limits
affections to the initiative for the enhancement of financial stability.
Article 4.
Nature of operations
The financial operations to be carried out under this Act shall have non-concessional nature
and become dependent on the commitment, on the part of the member state to be financed, to adopt
measures that enable it to return, in the shortest time possible, to funding
by the markets.
Article 5.
Instruction of the processes
Verified the printability of the financing of a member state of the Eurozone
to ensure the political and financial stability of the Eurozone, by the member of the Government
responsible for the area of finance, the instruction of the lending process or
personal guarantee of the State competes with the Directorate General of the Treasury and Finance.
Article 6.
Subsidiary regime
CHAIR OF THE COUNCIL OF MINISTERS
Proposal for Law No. 23 /XI/1.
The granting of personal guarantees by the State provided for in this Law shall apply
subsidally, with the necessary adaptations and in what with this is not incompatible,
the scheme provided for in Law No 112/97 of September 16.
Article 7.
Monitoring by the Assembly of the Republic
1-The Government informs the Assembly of the Republic, within one month, of the justification,
terms and conditions of the operations carried out under this Act.
2-Semestrally, the Government informs the Assembly of the Republic of the implementation of the
operations carried out pursuant to this Law.
Article 8.
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 April 29, 2010
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs