Machine Translation of "Modifies The Procedures For Recruitment, Selection And Provision In Top Management Positions In Public Administration, T..." (Portugal)

Modifies The Procedures For Recruitment, Selection And Provision In Top Management Positions In Public Administration, The Fourth Amendment To Law No. 2/2004, 15 January, Which Approves The Statute Of Personnel Services And Organism

Original Language Title: Modifica os procedimentos de recrutamento, selecção e provimento nos cargos de direcção superior da Administração Pública, procedendo à quarta alteração à Lei n.º 2/2004, de 15 de Janeiro, que aprova o estatuto do pessoal dirigente dos serviços e organism

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Exhibition of Motives

The Law No. 2/2004 of January 15, which approved the status of the personal staff of the

services and bodies of the central, regional and local government of the state, set out for the

top management positions of the Public Administration a recruitment procedure

on the basis of the mere choice of between licensed individuals, linked or not to the

Public administration and possessors of technical competence, aptitude, experience

professional and training appropriate to the exercise of duties. More defined that the

pavement in those posts is carried out by means of dispatching joint of the First-

Minister and the member of the relevant government, on a commission of service committee, by

periods of 3 years, ceasing, for the generality of senior management positions, by

change of Government.

Within the framework of the European Union, the majority of its member states have adopted regimes of

recruitment, selection and provement in the top management positions of the Administration

Public that are characterized by a clear separation between the entity responsible for the

selection of individuals, carried out in a transparent manner, on the basis of merit, in

competence and in the professional curriculum and the entity responsible for the final decision of

choice and designation, regardless of the choice by career systems directed at

exclusive for employees in public functions or employment systems directed towards the

generality of citizens. From among the Member States that present regimes of

recruitment by competition more structured and with greater tradition, developed by

independent entities, the United Kingdom, Austria, the Netherlands and Belgium, the Netherlands and Belgium, the

par with the European Commission itself.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

The comparative study of regimes applied by the Member States of the European Union

allows to conclude that the procedure for recruitment and provisioning in the posts of

top management currently beholdant in Portugal, based on personal choice criteria

by the members of the Government, has distanced itself from the normative solutions followed by the

generality of the Member States, which choose, as a rule, by tender procedures

and application of selection methods for filling these posts, in line with the

recommendations carried out by international instruments or institutions, as is the case

of the Convention against Corruption, adopted by the General Assembly of the United Nations in

October 31, 2003, adopted by the Resolution of the Assembly of the Republic No 47/2007

on July 19, 2007 and ratified by the Decree of the President of the Republic No 97/2007,

of September 21.

Considering the exposed and listening to which the XIX Constitutional Government took over, in the

your programme, the establishment of an independent system of recruitment and selection

of the holders of senior management positions, with the aim of promoting merit in the

access to the posts and " departidarize " the apparatus of the state, it is now intended to introduce the

necessary changes to the implementation of a new recruitment procedure,

selection and flooring for the top management positions of 1. and 2. degree, ensuring

effective conditions of equality and freedom in access to such posts and respect for the

principles of competence, impartiality and transparency.

Thus, it is expected that the filling of senior management positions will no longer be carried out

by mere choice and pass to be preceded by tender, open to citizens with and without bond

to the Public Administration, by the end of the initiative to open the procedure to the member

Government that has the power of direction or oversight and guardian about the service or

organ in which the top management office is to be held, to whom it will fit to define generically

the profile, professional experience, appropriate knowledge and training and draw up the letter

of mission, where the objectives, suitably quantified and calendarized, are verted, the

reach by the holder of the top management position in the performance of duties.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

The competence for the development of the recruitment phase, in which it is included, among the

too much acts, the detail of the profile required of the candidates for tender and the publication of the

their respective notice of openness will be up to an independent entity, the Commission of

Recruitment and Selection for Public Administration.

A selection phase is introduced, subsequent to the recruitment phase, dedicated to the

application of selection methods and clearance of candidates presenting the best

profile for the post to tender, being the driving skills of the process of

selection, in particular, the curriculum evaluation and the conduct of interviews to candidates

and the formation of the final listing of candidates, i.e. restricted competencies to the evaluation of the

merit, awarded to a jury composed of elements of the Commission of Recruitment and

Selection for the Public Administration.

Finishes the stages of recruitment and selection, the jury of the procedure presents a list,

elaborately elaborated, to the member of the Government who has the power of direction or

of superintendence and guardian on the service or organ to which the contest is intended, with the

candidates, in number of three, who gather the best profiles for the post the contest,

by the end of the final decision of choice and designation to the same member of the Government.

In the case of the exercise of the senior management positions, the scheme of

commission of service, but passing from 3 to 5 five years the respective duration, with the

objective to promote its independence in relation to political cycles.

An independent monitoring is still provided for, through a Commission of Surveillance to

work together with the Assembly of the Republic, which has the task to accompany the activity

of the Commission on Recruitment and Selection for Public Administration, ensuring the

advocacy and promotion of the principles of exemption, merit and transparency in the procedures of

recruitment, selection and provement in senior management positions.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

The changes to be made in the recruitment and selection model for senior management positions

higher aim to, still, contribute to the increase in efficiency in the Public Administration,

favoring the impartial implementation of policies, the strengthening of management culture by objectives

and the increment of dynamism and innovation.

Listening to the implementation of the new model of recruitment, selection and provement,

as well as the constitution and commissioning of the Recruitment Commission and

Selection for the Public Administration and the Supervisory Commission is provided for a scheme

transitional, which intends to ensure the normal functioning of the services and organs of the

Public Administration.

The National Data Protection Commission was heard.

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 Law:

Article 1.

Subject

This Law modifies the procedures for recruitment, selection and provement in the

senior management positions of the Public Administration, proceeding to the fourth amendment to the Act

no 2/2004 of January 15, as amended by the Laws No 51/2005 of August 30, 64-A/2008,

of December 31, and 3-B/2010, of April 28, approving the status of the governing staff

of the services and bodies of the central, regional and local government of the State, and to the fifth

amendment to Law No. 4/2004 of January 15, as amended by Laws No. 51/2005, 30 of

August, and 64-A/2008, of December 31, and by the Decrees-Leis n. ºs 200/2006, of 25 of

October, and 105/2007, of April 3, which sets out the principles and standards to which it is to

obey the organization of the direct administration of the State.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 2.

Amendment to Law No. 2/2004 of January 15

1-Are amended Articles 1, 5, 12, 16, 18, 19, 19, 21, 22, 24, 24, 24, 24, 24, 24, 24.

25, 26.-A, 27, 31 and 33 of Law No. 2/2004 of January 15, as amended by the Laws

51/2005, of August 30, 64-A/2008, of December 31, and 3-B/2010, of April 28,

which are replaced by the following:

" Article 1.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...]:

a) [...];

b) Of the Armed Forces, security forces and services and the organs

public who carry out internal security duties, on the terms

defined by the Internal Security Act, as well as the System of

Information from the Portuguese Republic and the service that you have by

mission to ensure the management of the prison system;

c) [...];

d) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

e) From the Ministry of Foreign Affairs who, by virtue of

legal provision of its own, have to be provided by staff of the

diplomatic career or for whose provement has been chosen

staff of the same career or who are exercised in the services

external;

f) [...].

Article 5.

[...]

1-The holders of the leadership positions should promote a targeted management

for results, in accordance with the annual and multi-annual targets to be achieved,

defining the resources to be used and the programmes to be developed, applying from

systematic form of mechanisms for monitoring and evaluation of results.

2-[...].

3-[...].

4-[...].

Article 7.

[...]

1-[...].

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

f) [...];

g) [...];

h) [...];

i) [...];

j) [...];

l) [...];

m) [...].

2-[...]:

a) Enforce the obligations set out in the terms of the law for the

process for assessing the merit of employees in office

public, ensuring the uniform application of the evaluation regime in the

scope of the respective service or organ;

b) [...];

c) [...];

d) [...];

e) [...].

3-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

f) [...].

4-[...]:

a) [...];

b) [...];

c) [...];

d) [...].

5-[...].

Article 12.

[...]

1-The performance of leading functions is accompanied by the achievement of

specific professional training in management in the fields of the Administration

Public, differentiated, if necessary, depending on the level, degree, competencies

and responsibilities of the leading posts.

2-A specific vocational training privileges the following areas of

competencies:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) Management of change.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

3-The courses appropriate to the specific vocational training referred to in

this article, whatever its designation and duration, are

secured, preferably, within the framework of the Public Administration, by the

service or organ with assignments in the area of vocational training, owing

the respective regulations and conditions of access to be the subject of the porterie

of the member of the Government responsible for the area of Public Administration.

4-A specific training referred to above may also be guaranteed by

institutions of higher education, in terms set in diploma

regulatory.

5-[...].

Article 16.

[...]

1-The exercise of leading positions is done in exclusivity arrangements, in the

terms of the law.

2-The exclusivity regime implies renunciation of the exercise of any

other activities or functions of a professional, public or private nature,

exercised with a regular character or not, and regardless of the respective

remuneration, without prejudice to the provisions of Articles 27 to 29 of the Law

n 12-A/2008, of February 27.

3-[ Revoked ].

4-[ Revoked ].

5-[...].

6-[ Revoked ].

7-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 17.

[...]

1-In addition to the provisions of the previous article, the participation of the holders of the

top management positions in social bodies of legal persons is only

permitted, under the law, when it deals with functions in persons

not-for-profit collective.

2-The governing staff is subject to the incompatibility regime,

impediments and inhibitions provided for in the regulatory provisions of conflicts

of interests resulting from the exercise of public functions, specifically

in the constants of Law No 12-A/2008 of February 27 and in those of the Articles

44. to 51 of the Code of Administrative Procedure.

3-The holders of the senior management positions are still applicable, with the

necessary adaptations, Articles 5, 9, 9.-A, 11, 13, paragraph 4, para. 4, and 14.

of Law No. 64/93 of August 26 on the wording in force.

4-[...].

5-[...].

6-[...].

Article 18.

[...]

1-The holders of the senior management positions are recruited, by

concursal procedure, in the terms of the following articles and 19.-A, from among

individuals with graduation completed at the opening date of the contest, there are

at least twelve or eight years, depending on whether they are managerial positions

higher than 1 or 2. degree, linked or not to the Public Administration,

who possess technical competence, aptitude, professional experience and

training appropriate to the exercise of their respective functions.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

2-A The initiative of the concursal procedure referred to in the preceding paragraph is up to

member of the Government with power of direction or oversight and

tutelage on the service or organ in which it integrates the post to be filled,

to compete with you, in this scope, to define the profile, professional experience and

managerial skills that are required of candidates.

3-The concursal procedure is carried out by independent entity, the

Commission for Recruitment and Selection for Public Administration,

hereinafter referred to by the Commission, which works with the member of the

Government responsible for the area of Public Administration, in the terms of the

respective statutes.

4-A The Commission sets out, in the terms of its powers, the criteria

applicable in the selection of candidates for senior management positions,

specifically, the skills of leadership, collaboration, motivation,

strategic orientation, guidance for results, guidance for the citizen

and public service, management of change and innovation, social sensitivity,

professional experience, academic training and vocational training.

Article 19.

Selection and provement in senior management positions

1-The concursal procedure is compulsorily advertised in the bag of

public employment (BEP) and at least on the electronic platform of the

Government and on two other electronic platforms, for 10 days, with the

indication of the formal requirements of the profiling, the required profile and the

selection methods, which include, necessarily, the curriculum evaluation and,

to candidates enabled for the procedure, the conduct of interviews

of evaluation by the Commission.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

2-A advertiment referred to in the preceding paragraph is preceded by notice to be published

in the 2 th grade of the Journal of the Republic , and may yet be disclosed in a body of

press of national expansion.

3-A Promotion of the advertises provided for in the preceding paragraphs is

ensured by the Directorate General of Administration and Public Employment,

in accordance with the instructions of the Commission.

4-The jury shall be constituted:

a) By the President of the Commission, who has a vote of quality, or by

who this designe, who presides;

b) By a permanent vowel of the Commission;

c) By a non-permanent vowel of the Commission, in exercise of functions

in organ or service integrated into the Organic of the Ministry to which

respects the concursal procedure, but in organ or service no

coincident with this;

d) By the expert co-opted by the previous of an expert fellowship

it works with the Commission, in exercise of functions in an organ or

integrated service in the organic of the Ministry to which respects the

concursal procedure, but in organ or non-coincidental service

with this one.

5-In the selection of candidates the jury carries out the application of the methods of

selection set out in the respective notice of opening procedure

concursal.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

6-The jury, after completion of the application of the planned selection methods,

elabates the assignment proposal indicating three candidates, ordered

in alphabetical order and accompanied by the fundamentals of the choice of

each of them, and presents it to the member of the Government who has the power

of direction or oversight and guardian about the service or organ to which

respects the concursal procedure, which in advance to the designation may

conduct an evaluation interview to the three candidates.

7-In the situation of concursal procedure in which there is no number

sufficient applicants for the effects of the preceding paragraph or in which the

even be deserted, should the Commission proceed to the repetition of notice of

opening referring to the same concursal procedure, pursuant to paragraph 1

and following and, verifying the same result, can the member of the

Government competent for the provement to carry out recruitment by

choice, from among individuals who gather the profile defined by the warning of

opening.

8-The top management positions are provided by dispatching the member of the

Competent government, in commission of service commission, for a period

of five years, renewable for equal period with no need to appeal to

concursal procedure.

9-A The duration of the service commission and the respective renovations cannot

exceed, on the whole, 10 consecutive years, not the leader

be propped in the same post of the respective service before decorating

five years.

10-The provement in the senior management positions produces effects on the date of

order dispatch, unless another date is expressly fixed.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

11-The order dispatch, duly substantiated, is published in the

Journal of the Republic , together with a note on the curriculum

academic and professional of the nominee.

12-A designation dispensation with the authorization of the service or organ of origin of the

assigned.

13-The concursal procedure is urgent and of public interest, not

place the audience of interested.

14-There is no suspensive effect of the interposed administrative resource of the

dispatch of designation or of any other act practiced in the course

of the procedure.

15-A proposition of cautionary providence of suspension of the effectiveness of an act

administrative practiced in the procedure does not have the effect of prohibition

of the implementation of that act.

16-In the event of a judicial suspension of the effectiveness of the assignment dispatch, it is

applicable the provisions of Article 27.

17-Applicants may submit complaint regarding the procedure

concursal for an independent entity, the Supervisory Commission,

that works with the Assembly of the Republic and has the mission of the

monitoring of the activity of the Commission on Recruitment and Selection for the

Public administration and the defence and promotion of the principles of the exemption,

merit and transparency in the procedures for recruitment and selection for

the top management positions of the Public Administration.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 19-The

Letter of mission

1-With the notice of opening of the contest is published the letter of mission,

drawn up by the member of the Government who directs or superintende and guardian the

service or body in which the post to be completed, which constitutes a

management commitment.

2-In the mission letter are defined in an explicit way the objectives,

suitably quantified and calendarized, to be achieved in the course of the

exercise of duties, without prejudice to your review, where this is

justifies, by changes of general context or by specific circumstances

which determine it, by guidance of the respective member of the

Government.

3-Applicants must put together a statement to their application, drawn up

in accordance with model approved by Regulation of the Commission of

Recruitment and Selection for the Public Administration, accepting the terms

of the letter of mission, under penalty of non-acceptance of the application.

Article 20.

[...]

1-The holders of the intermediate management positions are recruited, by

concursal procedure, in the terms of the following article, from among

workers in public roles hired or appointed by time

indeterminate, licensed, endowed with technical competence and aptitude for

the exercise of steering, coordination and control functions that meet six

or four years of professional experience in roles, positions, careers or

categories for whose exercise or probation is required a degree,

depending on whether it is for interim senior management positions of 1 or 2.

respectively.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

2-[...].

3-[...].

4-[...].

5-In cases where the concursal procedure is desert or in which

none of the candidates assemble conditions to be designated, under the terms of the

n. 7 of the following article, the holders of the intermediate management positions

may also be recruited, in subsequent concursal procedure,

from among licensed individuals with no link to the Public Administration that

meet the requirements set out in paragraph 1 and provided that:

a) The interested service or body has requested it, in proposal

grounded, to the member of the Government responsible for the area of

Public Administration;

b) Recruitment kayba within the quota annually fixed for the

effect by the member of the Government responsible for the area of

Public Administration;

c) The member of the Government responsible for the area of the Administration

Public has authorized him.

Article 21.

[...]

1-[...].

2-[...].

3-[...]:

a) [...];

b) [...];

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

c) [...].

4-[...]:

a) [...];

b) [...].

5-To the element of the jury referred to in the c) of paragraph 3 that is not linked to the

Public Administration is due remuneration in the terms set by the

member of the Government responsible for the area of Public Administration.

6-[...].

7-[...].

8-A request from the service or interested body, the concursal procedure is

ensured by competent public entity, integrated in different

ministry, with dispensation of jury constitution, but with intervention of the

individual provided for in ( c) of paragraph 3, being, in that case, applicable, with

the due adaptations, the provisions of paragraphs 1, 2, 4, 5, 6 and 7.

9-[...].

10-[...].

11-[...].

12-A designation dispensation with the authorization of the service or organ of origin of the

assigned.

13-[ Previous Article No 12 ].

14-[ Previous Article No 13 ].

15-[ Previous Article No 14 ].

16-[ Previous Article No 15 ].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 22.

[...]

1-[...].

2-A communication referred to in the preceding paragraph shall be accompanied by report

of the results obtained during the exercise of the post, having always as

reference letter of mission and the plans and reports of activities, well

as of a synthesis of the application of the evaluation system of the respective

service.

3-[...].

Article 24.

[...]

1-A Decision on the renewal of the commission of service to which the

previous articles is communicated in writing to those interested up to 60 days

prior to your term, being accompanied by determination for openness

of the corresponding concursal procedure when that one has not been

renovated.

2-[ Revoked ].

3-In the event of non-renewal of the service commission, the functions are

secured under current management regime or, transiently, in regime

of replacement up to the designation of new holder.

4-[...].

Article 25.

[...]

1-[...]:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

a) [...];

b) [...];

c) [...];

d) In the cases in Article 16 (4) and Article 17 (6) of the

this Act, and of Article 29 (3) of the Law No 12-A/2008 of 27 of

February;

e) [...];

f) [...];

g) [...];

h) [ Repealed ];

i) [...].

2-[...].

3-[ Revoked ].

4-[ Revoked ].

Article 26-The

[...]

1-A The service commission of the holders of the top management positions of 2.

degree and intermediate direction suspense when they are assigned to

enclosures of members of the Government or similar or in a regime of

replacement.

2-[...].

3-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 27.

Assignment in substitution

1-[...].

2-A designation under replacement scheme is made by the competent entity,

all the legal requirements required for the

pavement of the post, with the exception of the concursal procedure to which if

refer articles 18 to 21.

3-A replacement basket on the date on which the holder resumes duties or past 90

days on the date of the vacancy of the place, save if it is under way

procedure tendant to the designation of new holder.

4-[...].

5-[...].

6-[...].

Article 31.

[...]

1-[...].

2-To the leading staff are abated expenses of upstream representation

fixed in order of the Prime Minister and the member of the Government

responsible for the area of Public Administration.

3-[...].

4-[...].

5-[...].

6-[...].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

7-[...].

8-[...].

Article 33.

[...]

1-[...].

2-The holders of the top management positions of 1. degree may be supported

by a worker who exercises secretarial duties.

3-[...].

4-[...].

5-[...].

6-[...]. "

2-It is amended the epiggrafe of Chapter II of Law No. 2/2004 of January 15, which passes the

following wording: "Recruitment, selection, provement and cessation of functions".

3-It is amended the epiggrafe of Section I of Chapter II of Law No 2/2004 of January 15, which

is replaced by the following: " Recruitment, selection and provement of positions of

top direction "".

Article 3.

Abrogation standard

Paragraphs 3, 4 and 6 of Article 16 (2) of Article 24 (2) shall be repealed. h) of paragraph 1, the

n 3 and Article 25 (4) of Law No 2/2004 of January 15, amended by the Laws

paragraphs 51/2005, of August 30, 64-A/2008, of December 31, and 3-B/2010, of 28 of

April.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 4.

Amendment to Law No. 4/2004 of January 15

Article 28 of Law No. 4/2004 of January 15, as amended by the Laws 51/2005, of 30 of

August, and 64-A/2008, of December 31, and by the Decrees-Leis n. ºs 200/2006, of 25 of

October, and 105/2007, of April 3, is replaced by the following:

" Article 28.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

10-The responsible officers of mission structures, commissions and groups of

work or project are freely appointed and exonerated. "

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 5.

Commission for Recruitment and Selection for Public Administration

The Commission on Recruitment and Selection for the Administration is set up by this Law

Public and are approved the respective statutes, published in Annex I to this Law, of the

which are an integral part.

Article 6.

Commission of Surveillance

It is created, by this law, the Supervisory Commission and are approved the respective

statutes, published in Annex II to this Law, of which they form an integral part.

Article 7.

Transitional arrangements

1-The service commissions of the holders of senior management positions to which they relate

n. paragraphs 3 and 4 of Article 25 of Law No 2/2004 of January 15 in the current wording before the

entry into force of this Law and the service commissions of officeholders of

top management who, after June 21, 2011, were the subject of renewal in the

terms of Article 24 (2) or initiated under Article 19, in the current wording

prior to the entry into force of this Law, they are the target of the approved concursal procedure

by this Law, to be held until December 31, 2013.

2-The deadline provided for in Article 27 (3) of Law No 2/2004 of January 15,

regarding assignments in replacement arrangements made after June 21 of

2011, is exceptionally extended, with the limit of December 31, 2013, up to the

occurrence of any of the following situations:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

a) Up to the designation of the new holder of the post, which follows the procedure

concursal approved by this Law;

b) Until the extinction or reorganization of the respective unit or organic structure.

3-In the course of the period specified in the preceding paragraph, the members of the Government may, the

exceptional title, delegating to the leaders who exercise senior management positions of 1.

degree in regime of substitution the skills concerning the assignments of the respective

services and organs.

4-If the concursal procedures referred to in paragraphs 1 and 2 are not completed at 31

of December 2013, cease service commissions and assignments in regime of

replacement in them provided for, being the duties of the holders of the management positions

superior secured in current management regime up to the designation of new holder.

Article 8.

Republication

1-It is republished in Annex III to this Law, of which it is an integral part, Law No 2/2004,

of January 15, with the current wording.

2-For the purpose of republication where one reads "appointment", "appointed", "employee",

"officials", "body", "organisms", "of the 1. degree", "of the 2 degree" and "of the 3 degree"

must read, respectively, "designation", "designated", " worker in functions

public "," workers in public functions "," organ "," organs "," of 1. degree "," from 2.

degree "and" of 3. degree "

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 9.

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 September 8, 2011

The Prime Minister

The Deputy Minister and Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

ANNEX I

(referred to in Article 5)

STATUTES

FROM THE COMMISSION OF RECRUITMENT AND SELECTION TO THE

PUBLIC ADMINISTRATION

CHAPTER I

General provisions

Article 1.

Nature and mission

1-A Committee on Recruitment and Selection for Public Administration, ahead

assigned by Commission, is an independent entity that works with the member

of the Government responsible for the area of Public Administration.

2-A The Commission has the task of the recruitment and selection of candidates for positions of

top management in the Public Administration.

Article 2.

Independence

The members of the Commission and the scholarship of experts act independently in the

exercise of the powers that are committed to them by law and by those present statutes, not

may request or receive instructions from the Government or any other entities

public or private.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 3.

Regime

The Commission shall be governed by the provisions of these Statutes and, as applicable, by the

Law No. 2/2004 of January 15.

Article 4.

Headquarters

The Commission is based in Lisbon, and may operate on ministry premises

responsible for the area of Public Administration.

CHAPTER II

Composition and status of members

Article 5.

Composition

1-A The Commission shall be composed of:

a) A President;

b) Three to five permanent vowels;

c) A non-permanent vowel by each ministry and respective alternating, in exercise

of functions in organ or service not coincident with that of the vowel, but integrated into the

organic of the same Ministry.

2-The president is designated from among personalities of recognized professional merit,

credibility and personal integrity.

3-Permanent vowels are assigned from among personalities of recognized merit

professional, credibility and personal integrity, the activity of which has been carried out

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

preferentially in the area of human resources or the Public Administration.

4-The non-permanent vowels and respective alternates are assigned from among

workers in public roles with recognized professional merit, credibility

and personal integrity, the activity of which has been exercised preferentially in the area of

human resources.

5-Board of the Commission works on an expert scholarship, composed of 20 a to 50 members,

designated from among workers in public functions with recognized merit

professional, credibility and personal integrity, who support the Commission in matters

specific techniques and participate in the juries of the concursal procedures for positions of

top management in the Public Administration.

Article 6.

Provement

1-The Chairman of the Commission and the permanent vowels are provided, after hearing by the

Assembly of the Republic, by Resolution of the Council of Ministers on a proposal of the

member of the Government responsible for the area of Public Administration, in regime of

commission of service for a period of five and four years, respectively, not

and may the same holders be provided in the same post before equal

period.

2-The non-permanent vowels and the respective alternates are designated by dispatching the

member of the Government responsible for the area of Public Administration and of that which

hold the power of direction or oversight and guardian over the service or organ to

which are bound to be linked, for a period of three years, may not the same

holder is assigned to the same function before the same period has elapsed.

3-Experts who integrate the scholarship of experts are designated by dispatching the member of the

Government responsible for the area of Public Administration and the one who detains power

of direction or oversight and guardian about the service or organ to which if

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

find bound, on a proposal from the Commission, for the period of one year, renewable

up to the limit of three years.

4-The provement of the President of the Commission shall ensure the alternation of gender and the

proofing of permanent vowels shall ensure the minimum representation of 33% of

each genus.

5-Members of the committee and the members of the scholarship of experts cease functions with the

designation of the member assigned to occupy the respective seat.

Article 7.

Incompatibilities and impediments

1-Members of the Commission shall be subject to the regime of incompatibilities and

impediments established for holders of high public offices.

2-They can only be members of the Commission the citizens who find themselves in the full enjoyment of the

their civil and political rights.

3-The President and the permanent vowels of the Commission shall carry out their duties in a regime

of exclusivity.

4-The non-permanent vowels of the Commission and the members of the scholarship of experts carry out the

its functions in exclusivity regime only when it integrees the jury of

concursal procedure for upper direction for which they are co-opted, and

up to its closure.

5-The members of the Commission and the scholarship of experts may not be holders of organs of

Sovereignty, the Autonomous Regions or the local power.

6-Members of the Commission and the scholarship of experts shall not be able to perform any duties

or hold social shareholdings in companies or any other external entities to the

Public Administration to provide support to the Commission in the context of the exercise of its

competencies.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 8.

Cessation of functions

1-The duties of the members of the Commission and of the expert scholarship in the course of the

respective time frame, and still by:

a) Death or permanent physical impossibility or with a duration that is provided for

surpass the date of the term of the service commission or of the period for which

have been assigned;

b) Renunciation of duties, by means of written statement submitted to the Commission;

c) Incapacity or supervenient incompatibility.

2-In the case of vacancy for one of the reasons set out in the preceding paragraph, the vacancy shall be

completed within 15 days of its verification.

Article 9.

Duties

They constitute duties of the members of the Commission and the scholarship of experts:

a) Exercise the respective functions with exemption, rigor and independence;

b) Participate actively and assiduously in the work of the entity they integrate;

c) To provide all the collaboration and information requested by the Committee on Surveillance.

Article 10.

Statute

1-The remunerative regime of the President of the Commission and permanent vowels is fixed

by Portaria of the members of the Government responsible for the areas of Finance and the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Public Administration, and may those opt for the remuneration of origin.

2-The non-permanent vowels and the experts maintain the remuneration of origin.

3-The members of the Commission and the scholarship of experts benefit from the general scheme of

social security, if they do not opt for another that covers them.

4-The President and permanent vowels of the Commission shall not be prejudiced in the

stability of your employment, your career and the social security regime of which

benefit because of the exercise of their duties.

5-The President and permanent vowels of the Commission automatically resume the

functions that they exercise at the date of the designation or commencement of exercise of duties in the

Commission, or those for which they were transferred or appointed during that exercise

of functions, specifically by virtue of promotion.

6-During the exercise of its functions the President and the permanent vowels of the Commission

they do not lose seniority in their jobs nor can they be harmed in the

promotions to which they have meanwhile acquired right.

7-In the case of the President and the permanent vowels of the Commission to meet, at the date of

designation, vested in temporary public function, by virtue of law, act or

contract, the exercise of duties for the Commission suspending the respective deadline.

8-When the President and permanent vowels of the Commission are employees of

public or private companies carry out their duties in a budding regime of

public interest.

9-The members of the Commission and the scholarship of experts who are carrying out faculty or

scientific research in higher education may continue in the exercise of these functions,

without prejudice to, when the same is exercised in educational establishment

public, to be able to apply for the suspension of the deadlines of the respective contracts or the

deadlines for the submission of reports or provision of evidence to which they are adstrated.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

CHAPTER III

Competencies

Article 11.

Competencies

Within the framework of its tasks, it shall compete with the Commission, inter alia:

a) Establish, by regulation, the rules applicable to the evaluation of profiles,

skills, experience, knowledge, academic training and training

professional applicable in the selection of candidates for senior management positions in the

Public Administration;

b) Proceed, upon the initiative of the government departments involved, to the

openness and development of the recruitment procedures for posts of

top management in the Public Administration, according to the profiles

generically defined in that initiative;

c) Establish the methods of selection to be applied in the concursal procedures,

ensuring always the achievement of curriculum evaluation and evaluation interview,

may still opt for the application of other selection methods planned for the

establishment of legal public employment relations in the linking scheme,

of careers and remuneration of workers performing public duties;

d) Support the elaboration and development of global and sectoral policy with

incidence in the senior management boards of the Public Administration and participate

in its execution;

e) Promote research and information activities to personalities who

present appropriate profile for the roles of senior management positions in the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Public Administration;

f) Promoting good management and ethical practices for senior management positions

top in the Public Administration;

g) Promoting the approval and adoption of guiding principles for codes of

conduct intended for holders of senior management positions in the Administration

Public;

h) Cooperate with organizations of international, community and other bodies

foreign counterparts, in subjects of recruitment and selection in the Administration

Public and good practice and codes of conduct of senior management positions;

i) Cooperate with public and private entities of national, regional and local levels, in

recruitment and selection subjects in the Public Administration and good practice and

codes of conduct of the top management positions.

Article 12.

Regulations

1-Compete to the Commission to approve the regulations necessary for the good implementation of the provisions

in those present statutes and in Law No 2/2004 of January 15.

2-Commission regulations are published in the 2 th series of the Journal of the Republic .

CHAPTER IV

Organization and operation

Article 13.

Health

1-Administrative support for the operation of the Commission shall be ensured by the Registry-

General of the ministry responsible for the area of Public Administration.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

2-A Directorate-General for Administration and Public Employment provides technical support and

operational to the Commission whenever requested and in the terms to be set out in regulation.

Article 14.

Deliberations

1-The deliberations of the Commission shall be taken by a majority of the members present,

president vote of quality

2-The provisions of the a ), c ) and g) of Article 11 may only be the subject of deliberation with the

presence of at least two thirds of the members of the Commission.

Article 15.

Duty of secrecy

The members of the Commission, as well as the staff who pay you support and others

possible collaborators, are especially obliged to the duty of secrecy under the terms of the

law.

Article 16.

Duty of collaboration

The secretariats-general or the departments responsible for the areas of human resources

of the ministries shall provide all the collaboration requested by the Commission in the implementation of the

tasks concerning the concursal procedures for the senior management positions that if

integrate into the organs or services under the power of direction or oversight and guardian

of the respective member of the Government.

Article 17.

Advertising

1-A The Commission shall make available on the respective site in the Internet all the information

relevant to their respect, namely the standards that regulate it and its composition,

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

including the biographical elements and remuneration of its members, and the legislation and

regulation applicable to recruitment and selection for the Public Administration.

2-A The Commission shall ensure the availability on the basis of computerized data of all

concursal procedures for senior management positions of the Public Administration.

CHAPTER V

Final and transitional provisions

Article 18.

Transitional arrangements

During the year 2011, the Commission makes the drafting of the indispensable regulations

to the performance of their competences.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

ANNEX II

(referred to in Article 6)

STATUTES

OF THE SUPERVISORY COMMISSION

CHAPTER I

General provisions

Article 1.

Nature and mission

The Supervisory Commission is an independent entity that works with the

Assembly of the Republic and has the task of the monitoring of the activity of the Commission of

Recruitment and Selection for the Public Administration and the defence and promotion of the

principles of exemption, merit and transparency in recruitment procedures and

selection for the senior management positions of the Public Administration.

Article 2.

Mandate

1-A Committee on Surveillance is integrated by three personalities from recognised

idoneity, in the full enjoyment of its civil and political rights and with experience in the area

of public law, which carries out its mandate for a period of 4 years.

2-Members of the Supervisory Commission shall be elected by the Assembly of the Republic by

majority of two thirds of the Deputies present, not lower than most of the Members

in effectivity of functions.

3-Members of the Supervisory Commission shall exercise their mandate for a period of

Four years, in service commission scheme, and may be re-elected only once,

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

for equal period.

4-The members of the Supervisory Commission shall carry out their duties in a regime of

exclusivity.

5-Members of the Supervisory Commission take office before the President of the

Assembly of the Republic.

6-It shall apply to the members of the Supervisory Commission, with the necessary adaptations, the

severance scheme established for the members of the Commission of

Recruitment and Selection for Public Administration.

Article 3.

Disability and incompatibilities

It shall apply to the members of the Supervisory Commission, with the necessary adaptations, the

regimen of incompatibilities and impediments established for the members of the Commission

of Recruitment and Selection for the Public Administration.

Article 4.

Duty of secrecy

The members of the Supervisory Commission and the support staff are especially

obliged to guard the secrecy of the facts whose knowledge adheres to them solely by the

exercise of their duties, and which cannot be disclosed, under the law.

CHAPTER II

Competencies and operation

Article 5.

Competencies

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

1-The Supervisory Commission competes:

a) Assess the operation and exercise of competences by the Commission of

Recruitment and Selection for Public Administration;

b) Analyse the practices followed in the stages of recruitment, selection and the provement in

role of senior management of the Public Administration in the framework of procedure

concursal;

c) To appreciate complaints regarding the performance of the Commission on Recruitment and Selection

for the Public Administration or the concursal procedures for the post of

superior direction in the Public Administration;

d) Point out the shortcomings in the operation of the recruitment model, selection and

pavement in the senior management positions of the Public Administration;

e) Draw up an annual report regarding your activity.

2-It is vedated to the Commission of Surveillance the possibility of direct interference in

recruitment, selection and provement processes in the top management positions of the

Public Administration or in the operation of the Commission on Recruitment and Selection

for the Public Administration.

Article 6.

Support

The Committee on Surveillance works with the Assembly of the Republic, which assures you the

means indispensable to the performance of its functions, specifically facilities,

secretarial and logistical support, enrolling the necessary financial allocation in a manner

guarantee its independence of operation.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 7.

Statute

1-The remunerative regime of the members of the Supervisory Commission shall be fixed by

Portaria of the members of the Government responsible for the areas of finance and the

Public Administration, and may those opt for the remuneration of origin.

2-Support staff keep the remuneration corresponding to their job posting

origin.

3-The members of the Supervisory Commission and the support staff benefit from the scheme

general social security, if they do not opt for another that covers them.

4-Members of the Supervisory Commission and the support staff may not be

harmed in the stability of their employment, their career and the security regime

social that they benefit from because of the exercise of their duties.

5-Members of the Supervisory Commission and the support staff resume

automatically the functions that they exercise at the date of the assignment or start of exercise

of functions, or those for which they were transferred or named during the period of

functions, specifically by virtue of promotion.

6-During the performance of its duties the members of the Supervisory Commission and the

support staff do not lose seniority in their jobs nor can they be

hindered in the promotions to which they have meanwhile acquired right.

7-Administrative support for the operation of the Supervisory Commission is ensured

by the General Secretariat of the Assembly of the Republic.

8-In the case of the members of the Supervisory Commission or the support staff if

find at the date of designation in temporary public function by virtue of law, act

or contract, your designation for the exercise of duties suspending the respective term.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 8.

Right of complaint

1-Interested parties may submit complaints to the Supervisory Commission, by actions or

omissions from the Commission for Recruitment and Selection for Public Administration or the

jury of concursal procedure for top management position in the Administration

Public, who appreciates them without power decisional power.

2-The complaints are the subject of preliminary and undue discretion inliminally when

manifestly presented in bad faith or devoid of grounds.

3-A The Supervisory Commission may carry out the requests for information that you understand

reasonable for instruction of the process originated by the complaint.

4-A The Supervisory Commission shall always listen to the entities concerned, allowing them to

who prestakes all necessary clarifications before formulating any

conclusions.

5-When in the course of the procedure they result in sufficient evidence of the practice of offences

Criminal or counter-ordinations, the Supervisory Commission shall give notice

of them to the competent entity.

6-The complainant must always be informed of the outcome of his complaint.

7-In the wake of the detection of concursal procedure disconformity for office

of higher steering, which has not been regularized by the Recruitment Commission and

Selection for the Public Administration or by the jury of the procedure, the Commission of

Supervision proceeds from the reporting of the same to the Assembly of the Republic and to the Government.

8-When circumstances advise you, the Supervisory Commission may advertise

communicated or information about the conclusions reached in the proceedings or about

any other subject matter relating to its activity.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 9.

Limits of intervention

The Supervisory Commission has no jurisdiction to annul, revoke or modify the

acts of the Commission on Recruitment and Selection for the Public Administration or other

public entities and their intervention does not suspend the course of any time limits,

specifically those of administrative and litigation challenge.

Article 10.

Deliberations

1-The deliberations of the Supervisory Commission are taken by a majority of the members

gifts.

2-The deliberations of the Supervisory Commission are not likely to appeal and only

may be the subject of a complaint to the Supervisory Commission.

Article 11.

Duty of cooperation

The Commission on Recruitment and Selection for Public Administration and Too

public entities have a duty to provide all the clarifications and information that

are requested by the Supervisory Commission.

Article 12.

Annual report

The Supervisory Commission annually draws up a report of its activity, containing

the initiatives taken, the complaints received, the representations made and the results

obtained.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 13.

Advertising

1-A Committee on Surveillance shall make available on the respective site in the Internet all the

information relevant to your respect, namely the standards that regulate it and its

composition, including the biographical elements and remuneration of its members.

2-A The Committee on Surveillance shall ensure the availability of the annual report to which

mentions the previous article.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

ANNEX III

(referred to in Article 8)

CHAPTER I

General principles

SECTION I

Object and scope of application

Article 1.

Object and scope

1-A This Law establishes the status of the official staff of the services and bodies of the

central, local and regional administration of the state.

2-A This Law shall apply to public institutes, save with respect to subjects

specific regulated by the respective framework law.

3-A The application of the scheme provided for in this Law in the Autonomous Regions of the Azores and the

Wood is without prejudice to the publication of regional legislative diploma that adapts it to

organic specificities of the official staff of the respective regional administration.

4-A This Law shall be applied, with the necessary adaptations, to the local administration

upon decree-law.

5-A This Law shall not apply to the leading posts:

a) From the bodies and services of support to the President of the Republic, to the Assembly of

Republic and the courts;

b) From the Armed Forces, the security forces and services and the public bodies that

exercise internal security functions, in the terms defined by the Security Act

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Internal as well as the Information System of the Portuguese Republic and the

service that has the task of ensuring the management of the prison system;

c) From the governing bodies of educational establishments;

d) From the governing bodies of the establishments of the administrative public sector of

health;

e) From the Ministry of Foreign Affairs who by force of legal provision

own, have to be provided by staff of the diplomatic career or for whose

pavement has been chosen personnel of the same career or who are exercised

in external services;

f) Integrated into careers.

Article 2.

Leading posts

1-Are leading positions the management, management, coordination and control of services positions

and public organs covered by this Law.

2-The leading positions qualify in senior management positions and senior management positions

intermean and, depending on the hierarchical level and skills and responsibilities

that are committed to them, subdivided themselves, the first, in two degrees, and the second ones, in

as many degrees as the one that the internal organization requires.

3-Are, in particular, senior management positions of 1. degree those of Director-General,

general secretary, inspector general and president and 2 grade those of subdirector-general,

secretary-general, sub-inspector general and vice-president.

4-Are, specifically, interim management positions of 1. degree those of director of

services and of 2 degree the head of division.

5-[ Revoked ].

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

6-Organic or statutory diplomas of the public services and bodies covered by the

present law expressly establish the qualification and degree of the respective posts

leaders, in accordance with paragraph 2, the respective designation, as well as, dealing with

intermediate direction positions of 3. degree or lower, the corresponding competences.

SECTION II

Principles of acting

Article 3.

Mission

It is the mission of the official staff to ensure the pursuit of the assignments committed

respective service, ensuring their good performance through optimization of the

human, financial and material resources and promoting the satisfaction of the recipients of the

its activity, in accordance with the law, the guidelines contained in the Government Programme and the

determinations received from the respective member of the Government.

Article 4.

General principles of ethics

The holders of the leading posts are exclusively in the service of the public interest,

owing to observe, in the performance of their functions, the fundamental values and principles

of the administrative activity enshrined in the Constitution and in the law, specifically those of the

legality, fairness and impartiality, competence, responsibility, proportionality,

transparency and good faith, in such a way as to ensure the respect and trust of the employees in

public functions and society in the Public Administration.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Article 5.

Principles of management

1-The holders of the leadership positions should promote a targeted management of

results, in accordance with the annual and multi-annual targets to be achieved, defining the

resources to be used and the programmes to be developed, applying in a systematic way

mechanisms for monitoring and evaluation of results.

2-A performance of leading officeholders should be guided by criteria of

quality, effectiveness and efficiency, simplification of procedures, cooperation,

effective communication and approximation to the citizen.

3-In your performance, the leading staff must lead, motivate and engage their

workers in public roles for the joint effort to improve and secure the

good performance and image of the service.

4-The holders of the leading posts shall adopt a training policy which

contribute to the professional valorisation of employees in public functions and to the

enhancing efficiency in the exercise of the skills of services in the framework of its

attributions.

SECTION III

Competences of the official staff

Article 6.

Competencies

1-The governing staff exercises their skills within the framework of the organic unit in which

integrates and develops its activity in harmony with the principles set out in the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

present law, without prejudice to the cases in which the respective organic laws ascribe to it

hierarchical competence over other services or organs.

2-The leading staff still exercise all the specific skills that are

afforded by law, their respective organic laws or statutes, as well as those that are

delegated and underdelegated by the respective member of the respective Government or higher hierarchical.

Article 7.

Competencies of the holders of the senior management positions

1-Compete to holders of the top management positions of 1. degree, within the scope of management

general of the respective service or organ:

a) Draw up the annual and multi-year plans for activities, with identification of the

goals to be achieved by the services, which must contemplate measures of

de-bureaucratization, quality and innovation;

b) To ensure, monitor and evaluate the implementation of the activities plans and the

achievement of the proposed objectives;

c) Elaborate the activity reports with indication of the results reached face

the defined objectives as well as the social balance, under the applicable law;

d) Practise all necessary acts to the normal functioning of services and bodies

within the framework of the management of human resources, financial, materials and heritage,

specifically those mentioned in Annex I, which is an integral part of this Law,

taking into account the limits provided for in the respective legal regimes, provided that such

competence not to be expressly committed to another entity and without

injury to the powers of steering, superintendence or guardian of the member of the

Respective government;

e) To propose to the member of the Government competent the practice of the acts of management of the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

service or organ for which it has no competence of its own or delegated, thus

as the measures it deems most advisable to achieve the objectives

and targets enshrined in the Act and the Government Programme;

f) Organizing the internal structure of the service or organ, specifically through the

creation, modification or extinction of flexible organic units, and set the rules

necessary for their functioning, articulation and, when there are, forms of sharing

of common functions;

g) To ensure the effective participation of employees in public functions in the

preparation of the plans and reports of activities and to make their disclosure and

publicitation;

h) Proceed to the internal diffusion of the missions and objectives of the service, skills

of the organic units and the forms of articulation between them, developing

forms of coordination and communication between the organic and respective units

workers in public functions;

i) Follow up and systematically evaluate the activity of the service, holding accountable

the different sectors by the use of the means put at their disposal and by the

achieved results, particularly in terms of the impact of the activity and the

quality of services provided;

j) Draw up action plans that aim at the improvement and quality of services,

notably through quality letters, defining methodologies of better

management practices and compliance assurance systems in the face of objectives

required;

l) To propose the appropriateness of outdated legal or regulatory provisions and the

rationalization and simplification of procedures;

m) Represent the service or body that drives, as well as establish the links

external, at its level, with other services and bodies of the Public Administration and

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

with other congenic, national, international and foreign entities.

2-Within the scope of human resources management, it is incumbent on the holders of the posts of

higher direction of 1. degree, specifically:

a) Enforce the obligations set out in the terms of the law for the process of

assessment of the merit of employees in public functions, ensuring application

uniform of the evaluation regime within the framework of the respective service or organ;

b) Ensure the elaboration and updating of the diagnosis of training needs

of the service or organ and, on the basis of this, the elaboration of the respective plan of

training, individual or group, as well as carry out the assessment of the effects of the

training delivered at the level of service effectiveness and impact of investment

carried out;

c) Adopt working schedules most appropriate to the operation of services,

observed the legal constraints, as well as establish the instruments and

practices that guarantee the effective control of assiduity;

d) Authorize the accumulation of activities or functions, public or private, in the terms

of the law;

e) Exercising the competence in disciplinary matters provided for in the law.

3-Within the scope of budget management and expenditure realization, it is incumbent on the holders of the

top management positions of 1. degree, specifically:

a) Elaborate the operation and investment budget projects, having in

account for the plans of activities and approved programmes;

b) Carry out the budget in accordance with a strict management of resources

available, adopting the necessary measures to the correction of any deviations or

proposing those that go beyond their competence;

c) Elaborate and approve the management account;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

d) To ensure the necessary conditions for the financial and budgetary control exercise

by the legally competent entities;

e) Authorize the realization of public expenditure on works and purchase of goods and

services, within the limits established by law;

f) Authorize the provision of services and the sale of own products, fixing the

respective prices.

4-Within the scope of the management of facilities and equipment, it is incumbent on the holders of the posts of

higher direction of 1. degree, specifically:

a) Superintender in the rational use of installations assigned to the respective service or

organ, as well as in its maintenance and conservation and beneficiation;

b) To promote the improvement of equipment that constitutes infrastructure to the

service;

c) Ensure the existence of health conditions, hygiene and safety at work,

guaranteeing, in particular, the up-to-date assessment and registration of risk factors,

planning and budgeting of the actions leading to their effective control;

d) Managing effectively and efficiently the use, maintenance and conservation of the

equipment allocated to the respective service or organ.

5-The competencies of the holders of the top management positions of 1. degree in respect of

management of human resources do not undermine the competences of the leaders of the services

and bodies responsible for the centralized management of human resources of each ministry.

Article 8.

Competence of holders of the intermediate management positions

1-Compete to the holders of intermediate management positions of 1. degree:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

a) Define the objectives of acting of the organic unit they drive by taking into account

the established general objectives;

b) To guide, control and evaluate the performance and efficiency of dependent services,

with a view to the implementation of the activities plans and the pursuit of the results

obtained and to achieve;

c) Ensure the coordination of activities and the technical quality of the provision of the

services in their dependence;

d) Manage with rigour and efficiency human, heritage and technological resources

affections to its organic unit, optimizing the means and adopting measures that

allow to simplify and speed up procedures and promote approximation to

society and other public services;

e) Practise the acts set out in Annex II, which is an integral part of this Law.

2-Compete to the holders of the intermediate management positions of 2. degree:

a) To ensure the technical quality of the work produced in your organic unit and

ensure compliance with deadlines appropriate to the effective provision of the service, having

into account the satisfaction of the interest of the recipients;

b) Carry out professional monitoring in the workplace, supporting and

motivating workers in public functions and providing them with the

appropriate knowledge and professional skills required for the exercise of the

their respective post, as well as the most appropriate procedures to

increment of the quality of the service to be provided;

c) Disclose to the employees in public functions the internal documents and the

rules of procedure to be adopted by the service, as well as to debate and clarify the

actions to be developed for fulfillment of the objectives of the service, in a manner

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

ensure commitment and the assumption of responsibilities by employees

in public functions;

d) Proceed in an objective manner to the assessment of the merit of employees in office

public, depending on individual and group results and the way in which each

engage in the pursuit of the objectives and the team spirit;

e) Identify the specific training needs of employees in roles

public of its organic unit and to propose the frequency of the trainings

deemed appropriate to the supply of the said needs, without prejudice to the

right to self-training;

f) Proceed to the effective control of the assiduity, punctuality and fulfillment of the

normal period of work by employees in public functions of their

organic unity;

g) Authorize the passage of documents from archived documents in the respective unit

organic, except when they contain confidential or reserved matter, as well as

the restitution of documents to those concerned;

h) Practise the acts set out in Annex II, which is an integral part of this Law,

when they do not find themselves directly dependent on the holders of the posts

leaders referred to in paragraph 1.

Article 9.

Delegation of competences

1-Members of the Government may delegate to the holders of the senior management positions

of 1. degree the competencies pertaining to the tasks of the respective departments and bodies.

2-The holders of the top management positions of 1 degree may delegate to all the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

levels and degrees of personnel governing their own skills.

3-A signature delegation of the correspondence or expedient required to the mere

instruction of the processes is possible in any worker in public functions.

4-A The delegation and the subdelegation of competences constitute privileged instruments of

management, fit for the holders of the top management positions of 1. degree the promotion of the

its adoption, as a means that propitiate the reduction of decision circuits and a

more speedy and unbureaucratized management.

Article 10.

[ Revoked ].

SECTION IV

Qualification and training

Article 11.

Qualification and training

1-The exercise of the governing function is dependent on the possession of profile, experience and

knowledge suitable for the performance of the respective post, as well as of the

specific vocational training set out in this Law.

2-A permanent update in the field of management techniques and development of the

skills of the governing staff is guaranteed through the training system

professional.

3-In addition to the actions arising from the provisions of the preceding paragraph, the formation of the

leaders can be updated by participation in congresses, seminars, colloquials and

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

lectures.

Article 12.

Specific vocational training

1-The performance of leading functions is accompanied by the achievement of training

specific professional in management in the fields of Public Administration, differentiated,

if necessary, depending on the level, degree, competencies and responsibilities of the posts

leaders.

2-A specific vocational training privileges the following areas of competences:

a) Organisation and administrative activity;

b) Management of people and leadership;

c) Management of human resources, budgetary, materials and technology;

d) Information and knowledge;

e) Quality, innovation and modernization;

f) Internationalisation and community affairs;

g) Management of change.

3-The courses appropriate to the specific vocational training referred to in the present

article, whatever your assignment and duration, are assured, preferably,

within the framework of the Public Administration, by the service or organ with assignments in the area of

vocational training, owing to the respective regulations and conditions of access being

object of the office of the member of the Government responsible for the area of the Administration

Public.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

4-A specific training mentioned above may also be guaranteed by institutions of

higher education, in terms set in a regulatory degree.

5-The holders of the leading posts attend one of the courses referred to in paragraph 1

during the first two years of exercise of duties or, in the event of impossibility

because it is not attributable to them, at the earliest.

SECTION V

Exercise of functions

Article 13.

Time of work

The official staff is exempt from working hours, not being due to it.

any remuneration for work provided outside the normal period of work.

Article 14.

[ Revoked ].

Article 15.

Responsibility

In the performance of their duties, the holders of leading office are responsible civil,

criminal, disciplinary and financially, in the terms of law.

Article 16.

Uniqueness and accumulation of functions

1-The exercise of leadership positions is done in exclusivity regime, under the law.

2-The exclusivity regime implies renunciation of the exercise of any other

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

activities or functions of a professional, public or private nature, exerted with

regular character or not, and regardless of the respective remuneration, without prejudice

of the provisions of Articles 27 to 29 of the Law No 12-A/2008 of February 27.

3-[ Revoked ].

4-[ Revoked ].

5-There may be accumulation of leading posts of the same level and degree, without a right to

accumulation of base remunerations.

6-[ Revoked ].

7-A violation of the provisions of this article constitutes grounds for giving by finda

commission of service.

Article 17.

Incompatibilities, impediments and inhibitions

1-In addition to the provisions of the previous article, the participation of holders of the posts of

superior steering in social organs of legal persons is only permitted, under the

law, when it deals with functions in not-for-profit legal persons.

2-The leading staff is subject to the regime of incompatibilities, impediments and

inhibitions provided for in the regulatory provisions of conflicts of interest resulting from the

exercise of public functions, specifically in the constants of Law No. 12-A/2008, of

February 27, and in those of Articles 44 to 51 of the Code of Procedure

Administrative.

3-The holders of the senior management positions are still applicable, with the necessary

adaptations, Articles 5, 9, 9.-A, 11, 13, 13, 13, and 14 of Law No. 64/93, 26

of August, in the wording in force.

4-The holders of senior management positions of the Public Administration and the members of the

government offices cannot perform, for the period of three years counted

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

of the cessation of the respective posts, the duties of inspector general and sub-inspector-general,

or to these expressly equated, in the specific sector in which they have exerted activity

leading or preselected office of advice.

5-Except for the provisions of the preceding paragraph the return to the activity exercised at the date of

investiture in the post, without prejudice to the application of the provisions on impediments

constants of Articles 44 to 51 of the Code of Administrative Procedure.

6-A violation of the provisions of this article constitutes grounds for giving by finda

commission of service.

CHAPTER II

Recruitment, selection, provement and termination of duties

SECTION I

Recruitment, selection and the proofing of senior management positions

Article 18.

Recruitment for senior management positions

1-The holders of the senior management positions are recruited, by procedure

concursal, in the terms of the following articles and 19.-A, from among individuals with a degree

completed at the date of opening of the contest, at least twelve or eight years, depending on

whether to handle senior management positions of 1. or 2 degree, whether or not bound to the

Public Administration, who possess technical competence, aptitude, experience

professional and training appropriate to the exercise of their respective duties.

2-A The initiative of the concursal procedure referred to in the preceding paragraph is up to the member

of the Government with power of direction or oversight and guardian over the service or

body in which the post to be completed, it will compete, in this scope, to define the

profile, professional experience and managerial skills required of applicants.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

3-The concursal procedure is carried out by independent entity, the Commission of

Recruitment and Selection for the Public Administration, hereinafter referred to by

Commission, which works with the member of the Government responsible for the area of

Public Administration, pursuant to the respective statutes.

4-A The Commission sets out, in the terms of its powers, the criteria applicable in the

selection of candidates for senior management positions, specifically, the skills

of leadership, collaboration, motivation, strategic orientation, guidance for results,

guidance for the citizen and public service, management of change and innovation,

social sensitivity, professional experience, academic training and training

professional.

Article 19.

Selection and provement in senior management positions

1-The concursal procedure is mandatorily advertised in the public employment exchange

(BEP) and at least on the Government's electronic platform and in two other

electronic platforms, for 10 days, with the indication of the formal requirements of

proofing, the required profile and the selection methods, which include, necessarily,

the curriculum evaluation and, the candidates enabled for the procedure, the achievement of

evaluation interviews by the Commission.

2-A The advertiicitation referred to in the preceding paragraph is preceded by notice to be published in 2ª series of the

Journal of the Republic , and may yet be disclosed in an expansion press body

national.

3-A Promotion of the advertises provided for in the preceding paragraphs is ensured by the

Directorate-General for Administration and Public Employment, in accordance with the

instructions from the Commission.

4-The jury shall be constituted:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

a) By the President of the Commission, who has a vote of quality, or by whom this

designe, who presides;

b) By a permanent vowel of the Commission;

c) By a non-permanent vowel of the Commission, in exercise of functions in organ or

integrated service in the organic of the Ministry to which it respects the procedure

concursal, but in organ or service not coincident with this;

d) By the expert co-opted by the previous ones of an expert scholarship that works together

of the Commission, in exercise of functions in organ or integrated service in the organic

of the Ministry with respect to the concursal procedure, but in organ or service

not coincident with this one.

5-In the selection of candidates the jury carries out the application of the selection methods

defined in the respective notice of opening of concursal procedure.

6-The jury, after completion of the application of the planned selection methods, elaborates on

proposal for designation indicating three candidates, ordered in alphabetical order and

accompanied by the fundamentals of the choice of each of them, and presents it to the member

of the Government that has the power of direction or oversight and guardian over the

service or organ to which it respects the concursal procedure, which in advance to

designation can carry out an evaluation interview to the three candidates.

7-In the situation of concursal procedure in which there is not a sufficient number of

candidates for the effects of the previous number or in which the same is deserted, shall

the Commission shall proceed to the repetition of notice of openness concerning the same

concursal procedure, in accordance with paragraph 1 and following and, verifying the same

result, may the Member of the Government competent for the provement proceed to

recruitment by choice, from among individuals who gather the profile defined by the warning

of opening.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

8-The senior management positions are provided by dispatch of the member of the Government

competent, in service commission of service, for a period of five years,

renewable for equal period with no need for recourse to concursal procedure.

9-A The duration of the service commission and the respective renovations may not exceed, in the

overall, 10 consecutive years, may not the leader be propped in the same

job title of the respective service before decorating five years.

10-The provement in the senior management positions shall produce effects at the date of dispatch of

designation, save if another date is expressly fixed.

11-The order dispatch, duly substantiated, is published in the Journal of the

Republic , together with a note relating to the academic and professional curriculum of the

assigned.

12-A The designation waives the authorization of the designated service or body of origin.

13-The concursal procedure is urgent and of public interest, with no place to

hearing of interested.

14-There is no suspensive effect of the interposed administrative appeal of the dispatch of

designation or of any other act practiced in the course of the procedure.

15-A proposition of cautionary providence of suspension of the effectiveness of an act

administrative practiced in the procedure does not have the effect of prohibition of execution

of that act.

16-In the event of a judicial suspension of the effectiveness of the designation dispatch, the

provisions of Article 27.

17-Applicants may submit complaint regarding the concursal procedure for a

independent entity, the Supervisory Commission, which works with the Assembly

of the Republic and has the task of monitoring the activity of the Commission of Recruitment and

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Selection for the Public Administration and the defence and promotion of the principles of the exemption,

merit and transparency in the procedures for recruitment and selection for the posts of

top management of the Public Administration.

Article 19-The

Letter of mission

1-With the notice of the opening of the contest is published the mission letter, drawn up by the

member of the Government who directs or superintende and guardien the service or organ in which if

inserts the post to be filled, which constitutes a managerial commitment.

2-In the mission letter they are defined explicitly the objectives, duly

quantified and calendarized, to be achieved in the course of the exercise of functions, without

prejudice to its review, where this is warranted, by changes of general context or

by specific circumstances that determine it, by guidance of the respective

member of the Government.

3-Applicants must put together a statement to their application, drawn up in

compliance with model approved by Regulation of the Recruitment Commission and

Selection for Public Administration, accepting the terms of the letter of mission, under

penalty of non-acceptance of the application.

SECTION II

Recruitment, selection and proofing of the intermediate management positions

Article 20.

Area of recruitment of the intermediate steering positions

1-The holders of the intermediate management positions are recruited, by procedure

concursal, in the terms of the following article, from among workers in public functions

hired or appointed by undetermined time, licensed, endowed with

technical competence and aptitude for the exercise of steering functions, coordination and

control that assemble six or four years of professional experience in duties, posts,

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

careers or categories for whose exercise or probation is chargeable a degree,

depending on whether it is for interim senior management positions of 1 or 2.

respectively.

2-Organic or statutory diplomas of the public services and bodies covered by the

present law expressly establish the area and the recruitment requirements of the

holders of the interim board positions of 3. degree or lower.

3-Without prejudice to the provisions of the preceding paragraph, the area of recruitment for the posts of

intermediate direction of organic units whose competences are essentially

ensured by integrated personnel in careers or grade 3 categories of complexity

functional to which corresponds to a specific activity is extended to workers

integrated into these careers holders of higher course that do not confer degree of

degree.

4-When organic laws expressly preview him, the recruitment for the posts of

intermediate direction can also be made from among workers in public functions

integrated into specific careers of the respective services or bodies, yet not

top course possessor.

5-In cases where the concursal procedure is deserted or in which none of the

candidates assemble conditions to be designated, in accordance with paragraph 7 of the following article,

holders of the intermediate management positions may also be recruited, in

subsequent concursal procedure, from among licensed individuals with no link to the

Public Administration who meet the requirements set out in paragraph 1 and provided that:

a) The interested service or body has requested it, in a reasoned proposal, to the

member of the Government responsible for the area of Public Administration;

b) Recruitment kayba within the quota annually fixed for the purpose by the

member of the Government responsible for the area of Public Administration;

c) The member of the Government responsible for the area of Public Administration has

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

authorized.

Article 21.

Selection and proofing of intermediate steering positions

1-The concursal procedure is advertised on the public employment scholarship for 10 days,

with the indication of the formal requirements of the profiling, the profile required, such which if

finds characterized in the personnel map and in the internal regulation, of the composition of the

jury and selection methods, which include, necessarily, the achievement of a phase

final of public interviews.

2-A The advertiicitation referred to in the preceding paragraph is preceded by notice to be published in organ of

press of national expansion and in the 2 th grade of the Journal of the Republic , in place

especially dedicated to contests for leadership positions, with the appointment of the post to

prover and the day of that advertised.

3-The jury shall be constituted:

a) By the holder of the top manageof 1. degree of the service or organ in whose

frame if you find the post to prover or by whom he designates, who presides;

b) By leader of level and degree equal to or higher than that of the post to be prover in exercise of

functions in different service or organ, designated by the respective leader

maximum; and

c) By individual of recognized competence in the respective functional area, designated

by establishment of higher level education or by public association

representative of the corresponding profession.

4-For the selection of the holders of the intermediate leading posts of 3. degree and lower, the

jury shall be constituted:

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

a) By the holder of the top manageof 1. degree of the service or organ in whose

map if you find the post the prover or by whom he designates, who presides;

b) By two leaders of level and degree equal to or higher than the post to prover, one of them in

exercise in the service or organ on whose map is found to be the post to prover and another

in different service or organ, both designated by the respective leader

maximum.

5-To the element of the jury referred to in the c) of paragraph 3 that is not linked to the

Public Administration is due remuneration on the terms set by the member of the

Government responsible for the area of Public Administration.

6-The jury, finishes the concursal procedure, draws up the assignment proposal, with the

indication of the reasons why the choice has fallen in the proposed candidate, refraining from

order the remaining candidates.

7-The jury may consider that none of the candidates gathers conditions to be assigned.

8-A request of the interested service or body, the concursal procedure is ensured by

competent public entity, integrated into different ministry, with dispensation from

constitution of jury, but with intervention by the individual provided for in point (s) c) of paragraph 3,

being, in that case, applicable, with due adaptations, the provisions of paragraphs 1, 2, 4, 5, 6 and

9-The holders of the intermediate management positions are provided by dispatch of the leader

maximum service or organ, in commission of service, for the period of three years,

renewable for equal periods of time.

10-The pavement in the intermediate management positions produces effects at the date of the dispatch of

designation, save if another date is expressly fixed.

11-The order dispatch, duly substantiated, is published in the Journal of the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Republic together with a note concerning the academic and professional curriculum of the

assigned.

12-A The designation waives the authorization of the designated service or body of origin.

13-The concursal procedure is urgent and of public interest, with no place to

hearing of interested.

14-There is no suspensive effect of the interposed administrative appeal of the dispatch of

designation or of any other act practiced in the course of the procedure.

15-A proposition of cautionary providence of suspension of the effectiveness of an act

administrative practiced in the procedure does not have the effect of prohibition of execution

of that act.

16-In the event of a judicial suspension of the effectiveness of the designation dispatch, the

provisions of Article 27 para.

SECTION III

Renewal of the service commission

Article 22.

Renewal of the commission of service of the holders of the senior management positions

1-For the purpose of possible renewal of the service commission, the holders of the posts of

superior direction will give knowledge of the term of the respective service commission to the

member of the competent Government, at the minimum 90 days notice.

2-A communication referred to in the preceding paragraph shall be accompanied by report of the

results obtained during the exercise of the post, having always as a reference to the letter

of mission and the plans and reports of activities, as well as a synthesis of the application

of the evaluation system of the respective service.

3-A The renewal of the service commission depends on the results evidenced in the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

respective exercise.

Article 23.

Renewal of the service commission of the holders of the intermediate steering positions

1-For the purpose of possible renewal of the service commission, the holders of the posts of

intermediate direction will give knowledge of the term of the respective service commission to the

maximum serving of the service, with the minimum 90 days ' notice.

2-A The renewal of the service commission will depend on the circumstantial analysis of the respective

performance and the results obtained, which will have as a reference the process of

assessment of the outgoing leader, as well as demonstration report of the

activities pursued and the results obtained.

3-In the case of renewal of the service commission of officeholders

intermediate of 2. degree or lower, the information to be submitted is confirmed by the

respective hierarchical superior.

Article 24.

Procedure

1-A Decision on the renewal of the commission of service to which the articles relate

previous is communicated in writing to those interested up to 60 days prior to their term,

being accompanied by determination for the opening of the corresponding procedure

concursal when that one has not been renewed.

2-[ Revoked. ]

3-In the event of non-renewal of the service commission, the functions are ensured in

running management regime or, transiently, on replacement arrangements until the

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

designation of new holder.

4-The exercise of duties under current management regime may not exceed the deadline

maximum of 90 days.

SECTION IV

Termination of the commission of service

Article 25.

Cessation

1-A The service commission of the holders of the leading office cesses:

a) By its term, in the cases of paragraph 1 of the preceding Article;

b) By the taking of possession followed by exercise, to any title, from another post or

function, save in cases and during the time in which there is place the suspension or in

that the accumulation under the terms of this Act is permitted;

c) By extinction or reorganization of the organic unit, unless expressly

held the commission of service in the elected office of the same level as succeeding;

d) In the cases of Article 16 (7) and Article 17 (6) of this Law, and of paragraph 3

of Article 29 of Law n 12-A/2008 of February 27;

e) By reasoned order in one of the following situations:

i. Not realization of the planned objectives, in particular of the constants of the

letter of mission;

ii. Lack of provision of information or poor provision of them,

when considered essential for the fulfillment of the global policy of the

Government;

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

iii. No supervenient proving of the appropriate capacity to be guaranteed

observation of the superiorly fixed guidelines;

iv. Need to print new guidance to the management of services;

f) Following disciplinary procedure in which it has been completed by application

of disciplinary sanction;

g) By the non-frequency, because it is attributable to them, or by the non-harnessing

in progress referred to in Article 12 (1);

h) [ Repealed ];

i) The application of the person concerned, presented in the services in advance

minimum of 60 days, and which you will consider to be deinjured if within 30 days of the

date of your entry on it does not recuse undue dispatch.

2-A termination of the commission of service on the grounds of paragraph (e) of the preceding paragraph

presupposes the prior hearing of the leader on the reasons cited, regardless

of the organization of any process.

3-[ Revoked .]

4-[ Revoked .]

Article 26.

Compensation

1-When the cessation of the commission of service merging itself into extinction or reorganization

of the organic unit or in the need to print new direction to the management of the

services, the leaders are entitled to compensation as long as they count, at least,

12 months followed by exercise of duties.

2-A The compensation referred to in the preceding paragraph shall be calculated as a function of the time that

be missing for the term of the service commission and in the amount that results from the difference between

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

the base remuneration of the outgoing leading post and the remuneration of the respective category

of origin.

3-The amount of the indemnity has as the maximum limit the corresponding value to the

annual difference of the remunerations, in them if including holiday and Christmas allowances.

4-The right to compensation provided for in the preceding paragraphs is only recognised in the cases

in which the termination of the service commission does not immediately follow new exercise of

leadership roles in office of equal or higher level or the exercise of another post

public with equal or higher remunerative level.

5-The exercise of the functions referred to in the preceding paragraph, in the period to which it is reported to

compensation, determines the obligatory of the reposition of the corresponding importance

to the difference between the number of months to which you respect the perceived compensation and the

number of months that mediate up to the new assignment.

6-For the purposes of the provisions of the preceding paragraph, the new designation shall be accompanied by

written statement by the person concerned that he has not received or that he will proceed to the reposition

of the compensation received, to which it will be communicated to the processor services.

Article 26-The

Suspension

1-A commission of service of the holders of the senior management positions of 2 degree and of

intermediate direction suspending itself when they are assigned to member offices

of the Government or similar or in a replacement scheme.

2-A service committee suspending itself for four years or while it lasts for the exercise of the

job title or function, if this has lower duration, being the source functions ensured

in replacement regime.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

3-The suspension period counts, for all legal effects such as time of service

provided in the post of origin.

SECTION V

Replacement

Article 27.

Assignment in substitution

1-Leaning posts may be exercised in replacement arrangements in cases of

absence or hindrance of the respective holder when it is anticipated that these

condialisms persist for more than 60 days or in the event of vacancy of the place.

2-A designation under replacement scheme is done by the competent entity, and it shall be

observed all the legal requirements required for the provement of the office, with

exception of the concursal procedure referred to in Articles 18 to 21.

3-A replacement basket on the date on which the holder resumes duties or past 90 days on

the date of the vacancy of the place, unless the procedure is biased to the

designation of new holder.

4-A The replacement may still cease, at any time, by decision of the entity

competent or at the request of the substitute, as soon as he deinjured.

5-The replacement period counts, for all legal effects such as time of service

provided in the previously occupied office, as well as in place of origin.

6-The substitute is entitled to the totality of the remunerations and too much allowances and perks

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

assigned by the exercise of the post of the substituted, regardless of the release of the

respective monies by this, being the charges borne by the correspondents

budgetary allocations.

CHAPTER III

Rights and duties

SECTION I

Rights

Article 28.

Safeguarding of rights

1-Leaders of leading office enjoy, regardless of their link of origin,

of the general rights recognized to employees in public functions of the service or

organ in which they exercise functions.

2-The governing staff retains the right to the place of origin and the security regime

social for which you are covered, and may not be impaired in your professional career

because of the exercise of those functions, reliefs for all the effects in place of

origin the time of service provided in that office.

Article 29.

[ Revoked ].

Article 30.

[ Revoked ].

Article 31.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Paid status

1-A remuneration of the governing staff is established in a diploma of its own, which may

determine differential levels of remuneration depending on the type of service or organ

in which it exercises functions.

2-The official staff are abated expenses of amount representation set at

dispatch of the Prime Minister and the member of the Government responsible for the area of

Public Administration.

3-The governing staff may, upon permission expressed in the order dispatch,

opt for the salary or base consideration of your function, job title or category of origin,

it may not, however, exceed, in no case, the basic salary of the First-

Minister.

4-The holders of the intermediate management positions who have no link to the Administration

Public may not opt for the maturity or consideration base of their function, cargo or

source category.

5-For the purposes of the provisions of paragraph 3, it is adopted as reference to maturity or

average base consideration actually perceived during the year prior to the date of the

dispatch of assignment.

6-A The identification of the remunerative levels corresponding to the base remunerations of the

intermediate direction positions of 3. degree or lower is carried out in the organic diploma

or statuary that provides them.

7-The holders of senior management positions are assigned management awards in terms of

defined in regulatory decree.

8-The holders of intermediate direction positions are awarded performance awards

in the terms provided for, with the necessary adaptations, for the employees who exercise

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

public functions.

Article 32.

[ Revoked ].

Article 33.

Support

1-The holders of the leadership positions apply for the judicial sponsoring schemes and

exemption from costs provided for in the Decrees-Laws paragraphs 148/2000 of July 19, and 34/2008,

of February 26.

2-The holders of the top management positions of 1. degree may be supported by a

worker who exercises secretarial duties.

3-Workers who exercise secretarial duties are assigned, with their

agreement, by order of the holder of the office, affixed to the organ or in the service and inserted in the

respective electronic page, and, without prejudice to the provisions of the following number, cease

those functions, without any formalities, on the date of the cessation or suspension of

functions of who assigned them.

4-The secretarial functions cease, at all times, on the initiative of the holder of the office or

of the worker.

5-Workers who exercise secretarial duties are entitled to a supplement

remunerative whose pecuniary amount is set in the portaria referred to in paragraph 2 of the article

68. of Law No. 12-A/2008 of February 27.

6-Without prejudice to the provisions of the preceding paragraph, the work paid out of the period and

of the normal working days of the employees who exercise secretarial duties

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

is not remunerated.

SECTION II

Duties

Article 34.

Specific duties

In addition to the general duties of the employees of the service and organ in which they exercise

functions, the governing staff are subject to the following specific duties:

a) A duty to keep informed the Government, through the competent hierarchical route,

on all relevant questions regarding the services;

b) A duty to ensure the compliance of the acts carried out by the staff of the respective

service with the statuary in law and with the legitimate interests of citizens;

c) General duty of assiduity and fulfillment of the normal period of work, thus

as the duty of at any time to attend the service when called upon.

Article 35.

[ Revoked ].

CHAPTER IV

Final and transitional provisions

Article 36.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Prevalence

1-A This Law prevails on any general or special provisions relating to the

various services or organs.

2-[ Revoked ].

Article 37.

Transitional standards

1-A Entry into force of this Law shall be without prejudice to the appointments of the official staff

existing than that date nor the counting of the respective deadlines.

2-A suspension of service commissions under the provisions of Article 19 of the Law

n ° 49/99 of June 22, it shall remain until the expiry of the mandates that they have given them

origin.

3-The equiparations of the leading posts made before the entry into force of this Law

consider themselves to be effective for the purposes of the provisions of Article 2 (3) and (4) of the same.

4-Maintain valid contests whose opening notices are found to be published to the

date of entry into force of this Law, which shall continue its terms to the

shelter from the legislation in force at the date of its opening.

5-It shall be in force the provisions of Article 3 of the Decree-Law No. 34/93, 13 of

February.

6-The provisions of Article 33 of Law No. 49/99 of June 22 shall apply to the leaders who

find themselves in office at the date of the entry into force of this Law and which fill in the

requirements in it foreseen until the termination of the respective service commission.

Article 38.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

Abrogation standard

Leis n. ºs 12/96 of April 18, and 49/99, of June 22, are repealed.

Article 39.

Entry into force

This Law shall come into force on day 1 of the month following that of its publication.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

ANNEX I

Authorize the opening of competitions and practise all subsequent acts, appoint and

exonerate the staff of the framework and determine the conversion of the provisional designation into

definitive, as well as authorising detachments, requisitions, transfers, exchange and

service commissions.

Celebrate, renew and rescind personnel contracts.

Authorize the provision of extraordinary, nighttime work, in days of rest and in

holidays.

Sign the terms of acceptance and confer possession of the staff.

Authorize the acceptance or possession in place other than the one in which the staff was placed,

extend the respective deadline, request that those be authorised or conferred by the

administrative authority or by diplomatic agent or consular and to grant the personnel of the

external services the right to maturity as of the date of acceptance or possession,

regardless of the entry into exercise of the new functions.

Authorize the allocation of the allowances and perks to which the employees or agents have

right, in the terms of law.

Authorize the enrolment and participation of staff in congresses, meetings, seminars,

colloquia, training courses or other similar initiatives that take place in territory

national when they import costs for the service, as well as enrollment and participation in

stages.

Practise all acts relating to the retirement of staff, save in the case of retirement

compulsive, and, in general, all acts relating to the social security regime,

including those referring to accidents on duty.

Practise the acts of the competence of the holders of the intermediate management positions

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

relatively to leaders and staff who find themselves in their dependence.

Authorize, within the limits set by the respective annual budget, transfers

of monies subordinated to the same organic classification and the anticipation up to two twelfths

per item, with limits annually set by the Ministry of Finance.

To authorize the constitution of permanent funds of the appropriations of the respective budget,

with the exception of items referring to staff, up to the limit of one twelfth.

Enter into insurance and leasing contracts and authorize the respective update,

where it results from legal imposition.

Authorize displacements in service, whatever the means of transport, as well as the

processing of the corresponding allowances or expenses with the purchase of tickets or

transport and cost aid titles, anticipated or not.

Authorize the expenses resulting from compensation to third parties or the recovery of goods

affections to the service damaged by accidents with third party intervention.

Authorize any possible expenses for the representation of services as well as those of a character

exceptional.

Qualify as an accident in service those suffered by the staff and authorize the processing

of the respective expenses.

Authorize the processing of expenses whose invoices, for justified reason, give

entry into services beyond the regulatory deadline.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No 15 /XII

ANNEX II

Authorize the exercise of part-time functions. Justify or injustify falters. Grant

licences and authorize the return to business, with the exception of unpaid leave by

one year for the reason of public interest and the long term permit.

Authorize the enjoyment and accumulation of vacations and approve the respective annual plan.

Authorize the allowance of the missed exercise salary for the reason of illness.

Authorize the enrolment and participation of staff in congresses, meetings, seminars,

colloquia, training courses in self-training scheme or other initiatives

similar as they are due in national territory when they do not import costs for the

service.

Authorize the staff to appear in judgment when requested under the law of

process.

Modifies The Procedures For Recruitment, Selection And Provision In Top Management Positions In Public Administration, The Fourth Amendment To Law No. 2/2004, 15 January, Which Approves The Statute Of Personnel Services And Organism

Original Language Title: Modifica os procedimentos de recrutamento, selecção e provimento nos cargos de direcção superior da Administração Pública, procedendo à quarta alteração à Lei n.º 2/2004, de 15 de Janeiro, que aprova o estatuto do pessoal dirigente dos serviços e organism

Subscribe to a Global-Regulation Premium Membership Today!

Search Translated Laws of Portugal