Key Benefits:
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Proposal for Law No 14 /XII
Exhibition of Motives
The Resolution of the Council of Ministers No. 13/2011 of June 27, published in the Journal of the
Republic , 2 th grade, paragraph 124, of June 30, proceeded to exoneration of all the
existing civil governors and mandated the Minister of Internal Affairs to
to submit to the Council of Ministers the draft legal diplomas concerning the
transfer of competences from the civil governments to other entities of the Administration
Public, to the liquidation of its heritage and to the definition of the legal regime applicable to its
workers in public functions.
A first step has been taken, with the approval of the Decree-Law n. [Reg. DL 15/2011], of
[...], with respect to the competence for granting passports, having this been
transferred to the Foreign and Border Service, allowing a network of
more extensive and close listening to citizens, as well as greater supply and efficiency
of the service provided by the Administration with regard to this concrete competence
assigned previously to civilian governors.
In a second moment, the Decree-Law n. [Reg. DL 51/2011] of [...],
through which the transfer of various competences of the governments and the
civil governors, fixed in legal diplomas from the competence of the government, to others
bodies of the Administration and has established the legal regime concerning heritage and personnel
of the civil governments. This diploma makes it possible to achieve high efficiency gains, either through
of the reallocation of heritage to different services, not least to the Forces and Services of
Security and Civil Protection, whether through a judicious use of resources
humans previously allocated to the civilian governments that were transferred to the
services that, depending on the skills transferred or existing needs,
of them meet needy.
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Through the present diploma, the process of the transfer of competences of the
civil governments for other entities of the Public Administration, now in reserve matter
of legislative competence of the Assembly of the Republic, prescinding of a structure
unsettling and onerous, which will allow with fewer resources to reach the same or
even better results in what concerne the services provided by the state to the citizens.
The hearing of the self-governing bodies of the Autonomous Regions of the Autonomous regions was promoted
National Association of Portuguese Municipalities, of the National Association of Freguesies and
of the Superior Council of Magistrate.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Subject
This Law determines the transfer of the competences of the civil governments, proceeding
to the second amendment to Decree-Law No. 406/74 of August 29, which guarantees and regulates
the right of assembly, to the nineteenth amendment to the Decree-Law No. 319-A/76 of May 3,
regulating the election of the President of the Republic, to the thirteenth amendment of the Act
n 14/79 of May 16 approving the Election Act for the Assembly of the Republic, à
fifth amendment of the Law No. 28/82 of November 15 of the Law of Organization,
Operation and Process of the Constitutional Court, the first amendment to the Act
n ° 44/86 of September 30 approving the State Regime of Sitio and the State of
Emergency, to the fourth amendment of Law No. 14/87 of April 29 approving the Election Act
for the European Parliament, the eighth amendment of the Act No 64/93 of August 26, which
establishes the legal regime of incompatibilities and impediments of officeholders
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politicians and high public offices, to the second amendment to Law No. 20/95 of July 13, which
regulates mobilization and requisition in the interests of national defence, the third amendment of the
Law No. 15 -A/98 of April 3, of the Organic Law of the Referendum Regime, to the third
amendment of the Act No 169/99 of September 18 laying down the framework of competences and
the legal regime of operation of the organs of municipalities and freguesias, by the second
amendment of the Organic Law No. 4/2000 of August 24 approving the legal regime of the
local referendum, the fourth amendment of the Organic Law No. 1/2001 of August 14, which regulates
the election of the bodies of the Local Authorities, to the fifth amendment of the Act No. 25/2006, 30 of
June, which approves the sanctionatory regime applicable to the transgressions occurring in matter
of road infrastructure, and the second amendment to the Act No 27/2006 of July 3, which
approved the Civil Protection Bases Act.
Article 2.
Amendment to Decree-Law No 406/74 of August 29
Article 2 of the Decree-Law No. 406/74 of August 29 is replaced by the following:
" Article 2.
1-The persons or entities wishing to hold meetings, rallies,
demonstrations or parades in public places or open to the public
let us know in writing and with the minimum advance of two working days the
President of the territorially competent Town Hall.
2-[...].
3-[...]. "
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Article 3.
Amendment to Decree-Law No 319-A/76 of May 3
Articles 23, 29, 31, 43, 59, 81, 97, 98, 102, 115, 115, 115, 115, 115, 115, 115.
and 159.-A of the Decree-Law No 319-A/76 of May 3, as amended by Organic Laws
n. ºs 3/2000, August 24, 2/2001, August 25, 4/2005, September 8,
5/2005, of September 8, and 3/2010, of December 15, by the Leis n. ºs 143/85, of 26 of
November, 31/91, of July 20, 72/93, of November 30, 11/95, of April 22,
35/95, August 18, 110/97, of September 16, and by the Decrees-Law n. 377-A/76, of
May 19, 445-A/76, June 4, 456-A/76, June 8, 472-A/76, from 15 of
June, 472-B/76, of June 15, 495-A/76, of June 24, 55/88, of February 26,
shall be replaced by the following:
" Article 23.
[...]
1-The applications definitively admitted are immediately affixed to the
port of the Court and sent, by copy, to the Director General of
Internal Administration or, in the Autonomous Regions, to the Representative of the
Republic, and of the municipal chambers, which publish them, within two
days, by editais affixed to the door of all municipal chambers and joints
of freguesia, as well as of the embassies, consulates and consular posts.
2-On the day of the election, the applications subject to suffrage are again
published by editais affixed to the door and inside of the assemblies of
vote.
Article 29.
[...]
1-[...].
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2-Verified the regularity of declaration of desistance, the President of the
Court sends immediately affix copy to the door of the building of the
Court and notifies the fact the National Election Commission.
3-[...].
4-[...].
Article 31.
[...]
1-[...].
2-[...].
3-[...].
4-From the decision referred to in the preceding paragraph is up to appeal, to be interacted
of two days, on the initiative of the freguesia joints, or of at least 10
voters of any polling assembly, to the Court of the Comarch with
jurisdiction in the seat of the district or Autonomous Region, which decides on
definitive and in the same time frame.
Article 38.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
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5-Until five days before Election Day, the Mayor of the City Hall
will wash the alvay of appointment of the members of the tables of the assemblies
election and will participate in nominations to the competent freguthesia joints.
6-[...].
7-[...].
8-[...].
Article 43.
[...]
1-[...].
2-The entities referred to in the preceding paragraph deliver also to each
chair of the assembly or vote section, up to three days before the day
designated for the election, the ballot papers.
Article 55.
[...]
1-The owners of rooms of spectacles or other normal enclosures
public use that meet conditions for use in the
election campaign must declare it to the respective Speaker
Municipal up to ten days before the opening of the campaign, indicating the dates and
hours in which rooms or precincts can be used for that purpose. In the
lack of declaration or in case of proven deficiency, the President of
City Hall can requisition the rooms and the precincts it considers
necessary for the election campaign, without prejudice to normal activity and
programmed for the same.
2-[...].
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3-Up to 48 hours after the opening of the campaign, the Speaker
Municipal, listened to the mandators of the applications, indicates the days and the
hours assigned to each, so as to ensure equality between all.
Article 59.
[...]
The mayors of the municipal chambers seek to ensure the ceding of use
for the purposes of the election campaign of public buildings and precincts belonging
to the State and other legal persons of public law, redeparting with
equality to its use by competitors.
Article 81.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-The recognition of the impossibility of the election being carried out and its
adjournment compete for the Mayor of Town or, in the Regions
Autonomas, to the Representative of the Republic.
6-In the case of new voting, pursuant to paragraphs 2 and 3 does not apply to
disposed of in the final part of Article 35 (3) and Article 85 and the
members of the desks can be appointed by the Speaker
Municipal or, in the Autonomous Regions, by the Representative of the Republic.
7-[...].
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Article 86.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-The Director General of Internal Administration shall refer to each President of
Town hall the ballot papers for these to comply with the
precepted in Article 43 (2) of that informing the Court of the
Comarch with jurisdiction in the seat of the district or Autonomous Region.
6-[...].
7-The Mayor and the Chairpersons of the Assemblies or
voting sections provide accounts to the Court of the Comarch with jurisdiction in the
district headquarters or Autonomous Region of the voting bulletins they received,
you shall owe the chairs of the assemblies or sections of vote to give it back,
the day after the election, the unused bulletins and the bulletins
deteriorated or unutilized by voters.
8-[...].
Article 97.
[...]
1-The clearance of the election in each district competes in an assembly of
district clearance, to which it will start its proceedings at nine o'clock in the day
subsequent to that of the election, in place determined for the purpose by the
magistrate who presides over the district clearance assembly.
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2-Until the fourteenth day preceding that of the election, the Director General of
Internal Administration, in the districts of Lisbon, Porto, Aveiro, Braga and
Setúbal, can determine the unfolding of the district in assemblies of
clearance, respecting the unity of municipalities, and which are
considered for all purposes as clearance assemblies
district.
3-[...].
4-For the purpose of the designation provided for in points a) and c) of the Article 1 (1)
98., the Director General of the Internal Administration communicates his decision
to the President of the respective Court of Relation and to the members of the
Government responsible for the areas of internal administration and education.
Article 98.
[...]
1-[...]:
a) [...];
b) [...];
c) Two professors, preferably from mathematics, who teach at the
area of the district headquarters, designated by the member of the Government
responsible for the area of education;
d) Six chairpersons of polling stations, designated by the Court of
Comarch with jurisdiction in the seat of the district or Autonomous Region;
e) [...].
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2-A Assembly should be constituted until the forearm of the election, giving-
if immediate public knowledge of the names of citizens that the
make up, and in the case of unfolding, the area that covers, through
edital to be affixed to the door of the Court of the Comarch with jurisdiction at the head office of the
district or Autonomous Region.
3-[...].
4-[...].
5-[...].
Article 102.
[...]
The results of the district clearance are published by means of edital
affixed to the door of the Court of the Comarch with jurisdiction at the district headquarters or
Autonomous Region, up to the 6 th day after the vote.
Article 103.
[...]
1-[...].
2-[...].
3-The third copy of the minutes, as well as all the documentation present to the
district clearance assembly, remains with the Court of the
Comarch with jurisdiction in the seat of the district or Autonomous Region, which
will retain and keep it under its responsibility.
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Article 104.
[...]
To the candidates and the mandators of each bid proposed to the election are
passed by the Registry of the Court of the Comarch with jurisdiction at the headquarters of the
District or Region Autonomous certificates or photocopies of the minutes of clearance
district.
Article 115.
[...]
1-[...].
2-[...].
3-[...].
4-In the two days following the expiry of the deadline provided in the preceding paragraph, the
Constitutional court, in plenary, decides the appeal, communicating
immediately the decision to the National Election Commission.
Article 159-The
[...]
1-[...].
2-The references to the Director General of Internal Administration and Court of the
Comarch with jurisdiction in the seat of the district or Autonomous Region
understood to be made, abroad, to the ambassadors.
3-References to the municipal chambers and freguesia joints understand
made, abroad, respectively:
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a) To the in-charge of the career consular post or in charge of the
consular section of the embassy or the employee of the staff frame
diplomatic with largest category to follow the ambassador;
b) To the census commission.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ]. "
Article 4.
Amendment to Law No. 14/79 of May 16
Articles 5, 6, 30, 36, 40, 52, 65, 68, 90, 108, 108, 108, 108, 108, 108, 108, 108, 108
113, 114, 116 and 118 of Law No 14/79 of May 16, as amended by Organic Laws
n. ºs 1/99, June 22, 2/2001, August 25, 3/2010, December 15, by the
Laws n. 14-A/85, of July 10, 5/89, March 17, 18/90, July 24, 31/91, of
July 20, 72/93, of November 30, 10/95, of April 7, and 35/95, of August 18, and
by the Decrees-Law No. 400/82 of September 23, and 55/88, of February 26, pass the
have the following wording:
" Article 5.
[...]
[...]:
a) [...];
b) [ Repealed ];
c) [...];
d) [...];
e) [...];
f) [...];
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g) [...];
h) [...].
Article 6.
[...]
1-They cannot be candidates for the circle where they exercise their activity the
directors and heads of finance repartitions and the ministers of any
religion or worship with powers of jurisdiction.
2-[...].
Article 30.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-Is sent copy of the lists referred to in the previous number to the Director-General
of Internal Administration or, in the Autonomous Regions, to the Representative of the
Republic.
Article 31.
[...]
1-[...].
2-[...].
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3-The result of the draw is affixed to the door of the Court, being sent
copies of the self to the National Election Commission and to the Director-General of the
Internal Administration, or, in the Autonomous Regions, to the Representative of the
Republic.
Article 36.
[...]
1-The lists definitively admitted are immediately affixed to the door of the
Court and sent, by copy, to the National Election Commission and to the
Director General of Internal Administration, or, in the Autonomous Regions, to the
Representative of the Republic, and of the municipal chambers, which publish them, in the
deadline of 24 hours, by editais affixed to the door of all chambers
municipal of the circle.
2-In the days of the elections the lists subject to suffrage are again published
by editais affixed to the door and inside of the polling stations.
Article 39.
[...]
1-[...].
2-A desistance shall be communicated by the party bidder to the Judge, which,
in turn, communicates the communica to the Directorate General of Internal Administration or, in the
Autonomous Regions, the Representative of the Republic.
3-[...].
Article 40.
[...]
1-[...].
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2-[...].
3-[...].
4-From the decision referred to in the preceding paragraph is up to appeal, to be interacted
of two days, on the initiative of the freguesia joints or of at least ten
voters of any polling assembly, to the Court of the Comarch with
jurisdiction in the seat of the district or Autonomous Region that decides, in
definitive and in the same time frame.
5-The definitive map of the assemblies and voting sections is immediately
affixed in the municipal chambers.
Article 47.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-Up to five days before Election Day, the Mayor of the City Hall
lavra the alvshall of appointment of the members of the tables of the assemblies
election and participates the nominations to the competent freguish joints.
7-[...].
8-[...].
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Article 52.
[...]
1-[...].
2-The entities referred to in the preceding paragraph deliver also to each
assembly speaker or polling section, up to three days before the day
designated for the elections, the ballot papers.
Article 65.
[...]
1-The owners of rooms of spectacles or other normal enclosures
public use that meet conditions to be used in the campaign
election must declare it to the Mayor of City Hall up to ten days
prior to the opening of the election campaign, indicating the dates and times in which
rooms or enclosures can be used for that purpose. On the lack of
statement or in the event of proven deficiency, the Speaker
Municipal can requisition the rooms and the precincts it deems necessary to
election campaign, without prejudice to normal and scheduled activity for the
same.
2-[...].
3-Until three days prior to the opening of the election campaign, the President of the
City Hall, ears the mandators of the lists, indicates the days and the
hours assigned to each party and coalition so as to ensure equality
among all.
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Article 68.
[...]
The Mayor shall seek to ensure the ceding of the use,
for the purposes of the election campaign, of public buildings and precincts belonging
to the State and other legal persons of public law, redeparting with
equality to its use by competitors in the circle in which the
building or enclosure.
Article 90.
[...]
1-[...].
2-[...].
3-The recognition of the ultimate impossibility of the holding of the vote
or its adjournment compete with the Mayor.
4-In realization of new voting, the members of the desks can be
appointed by the Mayor.
Article 95.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
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5-The Director-General of Internal Administration or, in the Autonomous Regions,
the Representative of the Republic refers to each Speaker
Municipal the ballot papers for this to comply with the precept in paragraph 2
of Article 52.
6-[...].
7-The Mayor of the City Hall and the Chairpersons of the Assemblies or
voting sections provide accounts to the Court of the Comarch with jurisdiction in the
district or Region Autonomous region of the voting bulletins that have
received, owing to the chairpersons of the assemblies or voting sections
give back to you the day after that of the elections the unused bulletins and the
bulletins deteriorated or unutilized by voters.
Article 107.
[...]
The clearance of the election results in each constituency and the
proclamation of the elected candidates compete for an assembly of
general clearance, which starts its proceedings at the nine hours of the 2 th day
subsequent to that of the election, on site for the purpose designated by the President of the
General Clearance Assembly.
Article 108.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
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d) Six assembly chairs or voting section designated by the
Court of the Comarch with jurisdiction at the district headquarters or Region
Autonomous.
e) [...].
2-[...].
3-[...].
4-[...].
Article 113.
[...]
1-[...].
2-In the two days after the general clearance is completed, the
president sends, by mail insurance or by own, against receipt, two
copies of the minutes to the National Election Commission.
Article 114.
[...]
The electoral notebooks and too much documentation present to the assembly of
general clearance are delivered to the Court of the Comarch with jurisdiction in
district headquarters or Autonomous Region.
Article 116.
[...]
To the candidates and the mandators of each list proposed to the election, as well as,
if you apply for it, to any party, even if you have not submitted candidates,
are passed by the Registry of the Court of the Comarch with jurisdiction at the headquarters of the
District or Region Autonomous certificates or photocopies of the minutes of clearance
general.
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Article 118.
[...]
1-[...].
2-[...].
3-[...].
4-In the 48 hours subsequent to the term of the deadline provided in the number
previous, the Constitutional Court, in plenary, decides definitively
of the appeal, immediately communicating the decision to the National Commission
of Elections. "
Article 5.
Amendment to Law No. 28/82 of November 15
Articles 92, 95 and 96 of Law No. 28/82 of November 15, amended by the Laws
n. ºs 143/85, November 26, 85/89, September 7, 88/95, September 1, and
13-A/98 of February 26 shall be replaced by the following:
" Article 92.
[...]
1-[...].
2-[...].
3-[...].
4-From the draw is washed auto, from which copies are sent to the Commission
National of Elections and the Directorate General of Internal Administration.
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Article 95.
[...]
The relation of the applications definitively admitted shall be sent to the Commission
National of Elections and the Directorate General of Internal Administration, on deadline
of three days.
Article 96.
[...]
1-[...].
2-Verified the regularity of the declaration of desistance, the President of the
Court immediately sends affix copy to the door of the Court building
and notifies the National Election Commission and the Directorate General of
Internal Administration. "
Article 6.
Amendment to Law No. 44/86 of September 30
Article 20 of Law No 44/86 of September 30 is replaced by the following:
" Article 20.
[...]
1-[...].
2-[...].
3-[...].
4-Also without prejudice to the attributions of the Government, the implementation of the
declaration of the state of emergency on the continental territory, at the local level,
is coordinated by the Operational District Commanders of Operations of
Help, in the area of the respective jurisdiction. "
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Article 7.
Amendment to Law No. 14/87 of April 29
Articles 5 and 6 of Law No. 14/87 of April 29, as amended by Organic Laws n. 1/99,
of June 22, and 1/2005, of January 5, and by Law No. 4/94 of March 9, pass
the following:
" Article 5.
[...]
[...]:
a) [...];
b) [...];
c) [ Repealed ];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...].
Article 6.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
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d) [...];
e) [...];
f) [...];
g) [ Repealed ];
h) [ Repealed ];
i) [...];
j) [...];
l) [...];
m) [...];
n) [...].
2-[...].
3-[...].
Article 8.
Amendment to Law No. 64/93 of August 26
Article 1 of Law No. 64/93 of August 26, as amended by the Laws n. 39-B/94, of 27 of
December, 28/95, of August 18, 42/96, of August 31, 12/96, of April 18, 12/98,
of February 24, and 30/2008, of July 10, and by the Decree-Law No. 71/2007, of 27 of
March, it shall be replaced by the following:
" Article 1.
[...]
1-[...].
2-[...]:
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a) [...];
b) [...];
c) [...];
d) [...];
e) [ Repealed ];
f) [...];
g) [...]. "
Article 9.
Amendment to Law No. 20/95 of July 13
Articles 10, 17 and 27 of Law No. 20/95 of July 13, amended by Law No 100/2003,
of November 15, they are replaced by the following:
" Article 10.
[...]
[...]:
a) The Representatives of the Republic of the Autonomous Regions of the Azores and
of Madeira;
b) [...];
c) [ Repealed ];
d) [...];
e) [...];
f) [...];
g) [...];
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h) [...].
Article 17.
[...]
1-The contents of the diploma that enact the mobilization must appear in editais
affixed to the freguish joints, municipal chambers and consular posts.
2-[...].
Article 27.
[...]
1-[...]:
a) [...];
b) The Representatives of the Republic for Autonomous Regions;
c) The members of the governments of the Autonomous Regions;
d) The Members of the Assembly of the Republic;
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [ Repealed ];
k) [...];
l) [...];
m) [...].
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2-[...].
3-[...].
Article 10.
Amendment to Law No. 15 -A/98 of April 3
Articles 77, 85, 88, 104, 145, and 150, 3 and 150 of Law No. 15 -A/98 of 3 of
April, amended by Organic Laws n. ºs 4/2005, September 8, and 3/2010, of 15 of
December, shall be replaced by the following:
" Article 77.
[...]
1-[...].
2-Of the decision of the mayor's decision is to appeal to the Court of
Comarch with jurisdiction in the seat of the district or Autonomous Region.
3-[...].
4-From the decision of the Court of the Comarch with jurisdiction in the seat of the district or
Autonomous Region is up to appeal, to the intern within one day, to the
Constitutional court, which decides in plenary in an equal term.
Article 85.
[...]
[...]:
a) The President of the Republic, the Members, the members of the government and
of the regional governments, the Representatives of the Republic and the
members of the executive bodies of the Local Authorities;
b) [...].
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Article 88.
[...]
Up to five days before the referendum, the mayor of the municipal council lavra
alvings of designation of the members of the tables of the assemblies or sections of
vote and participate in the nominations to the respective freguthesia joints.
Article 103.
[...]
The Directorate General of Internal Administration provides the sending of the bulletins
of voting to the municipal chambers.
Article 104.
[...]
1-[...].
2-[...].
3-The president and city councillors provide accounts to the
Court of the Comarch with jurisdiction at the district headquarters or Region
Autonomous of the voting newsletters they have received.
Article 122.
[...]
1-[...].
2-The recognition of the ultimate impossibility of the holding of the vote
or its postponement competes with the Court of the Comarch with jurisdiction in the
district headquarters or Autonomous Region.
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Article 145.
[...]
1-Presidents of the desks of the polling stations communicate
immediately to the freguesia joint or to the entity for that purpose
designated by the Director General of Internal Administration or by the
Representative of the Republic, depending on the cases, the constant elements
of the edital provided for in the previous article.
2-A-the entity to whom the communication is made the results of the referendum
in the freguesia and communicates them immediately to the Director General of
Internal Administration or the Representative of the Republic.
3-The Representative of the Republic immediately transmits the results to the
Directorate-General for Internal Administration.
Article 150.
[...]
1-[...].
2-Until the fourteenth day prior to the holding of the referendum, the
Managing Director of the Interna Administration in the districts of Lisbon, Porto,
Aveiro, Braga and Setúbal can decide the constitution of more than one
intermediate clearance assembly, so that each assembly
correspond to a set of geographically contiguous municipalities.
3-A Decision of the Director General of the Internal Administration is immediately
passed on to the member of the Government responsible for the area of
internal administration, to the President of the respective Court of Relation and
published by edital to be affixed upon the constitution of the assemblies of
intermediate clearance. "
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Article 11.
Amendment to Law No. 169/99 of September 18
Articles 11, 47 and 59 of Law No. 169/99 of September 18, amended by the Laws
n. 5-A/2002, of January 11, and 67/2007, of December 31, go on to have the following
wording:
" Article 11.
[...]
1-[...].
2-Esgoted the possibility of replacement provided for in the preceding paragraph and
provided that it is not in effectivity of functions the majority of the number
legal of members of the assembly, the president communicates the fact to the
member of the Government responsible for the tutelage of the Local Authorities, to
that this mark, within a maximum of 30 days, new elections, without
prejudice to the provisions of Article 99.
3-[...].
4-[...].
Article 47.
[...]
1-[...].
2-Esgoted the possibility of replacement provided for in the preceding paragraph and
provided that it is not in effectivity of functions the majority of the number
legal of members of the assembly, the president communicates the fact to the
member of the Government responsible for the tutelage of the Local Authorities, to
that this mark, within a maximum of 30 days, new elections, without
prejudice to the provisions of Article 99.
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3-[...].
4-[...].
Article 59.
[...]
1-[...].
2-Esgoted the possibility of replacement provided for in the preceding paragraph and
provided that it is not in effectivity of functions the majority of the number
legal of members of the city hall, the president communicates the fact to the
municipal assembly and the member of the Government responsible for the tutelage
of the Local Authorities, for this to proceed to the marking of the day of
realisation of the mid-term elections, without prejudice to the provisions of the article
99.
3-[...].
4-[...].
5-[...].
6-[...]:
a) [...];
b) [...].
7-[...]. "
Article 12.
Amendment to the Organic Law No. 4/2000 of August 24
Articles 67, 75, 78, 94, 95, 112, 112 and 135 of the Organic Law No. 4/2000 of 24 of
August, amended by the Organic Law No. 3/2010 of December 15, go on to have the following
wording:
CHAIR OF THE COUNCIL OF MINISTERS
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" Article 67.
[...]
1-[...].
2-[...].
3-The decision of the municipality is up to appeal to the Court of the Comarch with
jurisdiction in the seat of the district or Autonomous Region.
4-[...].
5-From the decision of the Court of the Comarch with jurisdiction in the seat of the district or
Autonomous Region is up to appeal, to the intern within one day, to the
Constitutional court, which decides in plenary in an equal term.
Article 75.
[...]
They may not be designated members of the voting assembly table:
a) The President of the Republic, the Members, the members of the Government and
of the regional governments, the Representatives of the Republic and the
members of the executive bodies of the Local Authorities.
b) [...].
Article 78.
[...]
Up to five days before the referendum, the chairman of the municipal executive will lavage
alvings of designation of the members of the polling stations, participating, in the
case of municipal referendum, the nominations to the respective freguish joints.
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Article 93.
[...]
The Directorate General of Internal Administration provides the sending of the bulletins
of voting for the freguesy where the referendum takes place.
Article 94.
[...]
1-[...].
2-[...].
3-The body referred to in paragraph 1 shall provide accounts to the Court of the Comarch with
jurisdiction in the seat of the district or Region Autonomous of the ballot papers
received.
Article 95.
[...]
On the day after the referendum was held, the president of each
assembly vote devolves to the Court of the Comarch with jurisdiction at the headquarters
of the district or Autonomous Region, or the entity that replaces it, the bulletins
of voting not used or unutilized by voters.
Article 112.
[...]
1-[...]:
a) [...];
b) [...].
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2-When, however, voting operations have not been able to perform
or proceed by occurrence of severe calamity in the freguesia, may the
Chairman of the respective City Hall to delay the holding of the vote
until the subsequent 14 the subsequent day, announcing the postponement as soon as known to
respective cause.
3-A voting can only be postponed once.
Article 135.
[...]
1-Presidents of the desks of the polling stations communicate
immediately to the freguesia joint or to the entity for that purpose
designated by the Director General of Internal Administration or by the
Representative of the Republic, depending on the cases, the constant elements
of the edital provided for in the preceding paragraph.
2-A-the entity to whom the communication is made the results of the referendum
in the freguesia and communicates them immediately to the Director General of
Internal Administration or the Representative of the Republic.
3-The Representative of the Republic immediately transmits the results to the
Directorate-General for Internal Administration. "
Article 13.
Amendment to the Organic Law No. 1/2001 of August 14
Articles 15, 29, 30, 50, 58, 70, 76, 79, 93, 141, 141, 141, 141, 141, 141, 141, 141, 141
151, 152, 221, 222 and 223 of the Organic Law No. 1/2001 of August 14, as amended by the
Organic Laws n. 5-A/2001, of November 26, 3/2005, of August 29, and 3/2010, of
December 15, shall be replaced by the following:
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" Article 15.
[...]
1-[...].
2-[...].
3-A marking of the day of the supplementary vote to which there is a place for reasons
exceptional provided for in this degree shall compete with the President of
City Hall.
4-[...].
Article 29.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
6-Is sent copy of the lists referred to in the previous number to the Director-General
of Internal Administration.
Article 30.
[...]
1-[...].
2-[...].
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3-From the act of the draw is washed auto that they are immediately sent
copies to the National Election Commission, and, quite so, to the President of the
Respective City Hall, for the purpose of printing the bulletins of
vote.
4-The denominations, siglas and symbols of political parties and coalitions
properly legalized, as well as the symbols to be used in the identification
of the organs to be elected, are remitted by the Directorate General of the Administration
Internal to the municipal chambers, judges of comarch and, in Lisbon and Porto,
to the judges of the civil courts, until the 40 the day before that of the election.
Article 37.
[...]
1-[...].
2-[...].
3-It is up to the Mayor to be the marking of the day of achievement
of the new electoral act.
4-[...].
Article 50.
[...]
1-[...].
2-[...].
3-[...].
4-The self to which he rents out Article 5 (2) of the cited diploma is sent, by
copy, to the respective President of the City Hall and, depending on the
cases, to the entities referred to in paragraph 2.
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5-A The order to change the paths or parades is given by the authority
competent, in writing, to the same entities and communicated to the President
of the territorially competent Town Hall.
6-[...].
7-[...].
8-[...].
Article 57.
[...]
1-[...].
2-Up to 10 days prior to the opening of the election campaign, the operators must
indicate to the Court of the Comarch with jurisdiction in the seat of the district or
Autonomous Region the target time for emissions concerning the
exercise of the right of antenna.
3-[...].
4-[...].
5-[...].
Article 58.
[...]
1-[...].
2-[...].
3-A The distribution of antenna times is made by the Court of the Comarch
with jurisdiction in the seat of the district or Autonomous Region by drawing draw,
up to three days before the inception of the campaign, and communicated immediately,
within the same time frame, the operators involved.
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4-For effect of the provisions of the preceding paragraph the Court of the Comarch with
jurisdiction in the seat of the district or Autonomous Region organizes so many series
of emissions as many as the applications they are entitled to.
5-[...].
Article 60.
[...]
1-A The suspension of the exercise of the right of antenna is required to the Court of
Comarch with Jurisdiction in the Seat of the District or Region Autonomous by the
Prosecutor's Office, on the initiative of this or the solicitation of representative of
any competing candidacy.
2-[...].
3-[...].
4-[...].
Article 70.
[...]
1-[...].
2-[...].
3-Of the decision referred to in paragraph 1 shall be appean to the Court of the Comarch
with jurisdiction in the seat of the district or Autonomous Region.
4-[...].
5-From the decision of the Court of the Comarch with jurisdiction in the seat of the district or
Autonomous Region is up to appeal, to the intern within one day, to the
Constitutional court, which decides in plenary in an equal term.
6-[...].
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Article 76.
[...]
They may not be designated members of the voting assembly table, for
in addition to the voters referred to in Articles 6 and 7, the Members, the members of the
Government, the members of the regional governments, the Representatives of the
Republic, the members of the executive bodies of the Local Authorities and the
mandators of the applications.
Article 79.
[...]
Up to five days before the election, City Hall President lavra alvshall
of designation of the members of the desks of the polling stations and participates in
nominations to the respective freguish joints.
Article 93.
[...]
1-The necessary paper to the printing of ballot papers is referred to by
National Press-House of the Currency to the respective Speaker
Municipal by the 43 th day before the election.
2-The denominations, siglas and symbols of political parties duly
legalized and registered coalitions are remitted by the Directorate General
of the Internal Administration to the municipal chambers, to the judges of comarch and,
in Lisbon and Porto, to the judges of the civil courts up to the previous 40 th
to that of the election.
3-[...].
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Article 111.
[...]
1-[...].
2-When, however, voting operations have not been able to perform
or proceed by occurrence of severe calamity in the freguesia, may the
respective Speaker of the City Council postpone the holding of the vote
until the subsequent 14 the subsequent day, announcing the postponement as soon as known to
respective cause.
3-[...].
4-In this vote the members of the desks can be appointed by the
respective Speaker of the City Hall.
Article 136.
[...]
1-Presidents of the desks of the polling stations communicate
immediately to the freguesia joint or to the entity for that purpose
designated by the Director General of the Internal Administration or by the
Representative of the Republic, depending on the cases, the constant elements
of the edital provided for in the previous article.
2-A entity to whom the communication is made the results of the election in the
freguesia and communicates them immediately to the Director-General of the
Internal Administration or the Representative of the Republic, depending on the
cases.
3-The respective Representative of the Republic immediately transmits the
results to the Directorate General of Internal Administration.
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Article 141.
[...]
1-[...].
2-[...].
3-Compete to the Director General of Internal Administration decide, until the 14.
day prior to the date of the election, on the unfolding referred to in the number
previous.
Article 151.
[...]
1-[...].
2-On the day after the general clearance is completed, the
president sends one of the copies of the minutes to the National Commission of
Elections, by insurance of the mail or by itself, against receipt.
Article 152.
[...]
1-The census notebooks and too much documentation present to the
general clearance assembly, as well as the minutes of this, are entrusted to the
guard and responsibility of the Court of the Comarch with jurisdiction at the head office
of the district or Autonomous Region.
2-Terminated the term of litigation or decided the resources that
have been submitted, the Court of the Comarch with jurisdiction at the head office
of the district or Autonomous Region proceeds to the destruction of all the
documents, with the exception of the minutes of the polling stations, of the minutes of the
general clearance assembly and one of the copies of the notebooks
election.
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Article 221.
[...]
1-[...]:
a) [...];
b) [...];
c) [...].
2-[...]:
a) Representative of the Republic, in the Autonomous Regions;
b) [...];
c) [ Repealed ].
3-[...].
4-[...].
5-[...].
6-[...].
Article 222.
[...]
1-[...].
2-It is up to the Member of the Government responsible for the tutelage of the Municipalities
Places the marking of the day of realization of the mid-term elections.
3-[...].
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Article 223.
[...]
1-Whenever there is place for the holding of mid-term elections is named a
administrative commission, the designation of which is up to the member of the Government
responsible for the area of internal administration, in the case of municipality or
freguesia.
2-[...]. "
Article 14.
Amendment to Law No. 25/2006 of June 30
Article 3 of Law No. 25/2006 of June 30, as amended by the Laws n. 67-A/2007, 31
of December, 46/2010, of September 7, and 55-A/2010, of December 31, and by the
Decree-Law No. 113/2009 of May 18, is replaced by the following:
" Article 3.
[...]
1-[...].
2-The supervisory officers referred to in the preceding paragraph shall be duly
ajurred and accredited by the Institute of Mobility and the
Land Transport, I.P. (IMTT, I.P.), and this should keep a record
permanent and up-to-date of such supervisory officers.
3-Procedures for the ajuramentation of supervisory agents are
defined by deliberation of the Managing Board of the IMTT, I.P. "
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Article 15.
Amendment to Law No. 27/2006 of July 3
Articles 13, 16, 34, 50, and 53 and 53 of Law No. 27/2006 of July 3, pass to
following wording:
" Article 13.
[...]
1-[...].
2-It's up to the District Command of Relief Operations to declare the situation
of warning, in whole or in part of its territorial scope of competence,
preceded by the hearing, where possible, of the Presidents of Chambers
Municipal of the municipalities covered.
Article 16.
[...]
The declaration of the contingency situation rests with the President of the Authority
National of Civil Protection, preceded by the hearing, where possible, of the
presidents of the municipal chambers of the municipalities covered.
Article 34.
Chairman of the National Civil Protection Authority
It is incumbent upon the President of the National Civil Protection Authority to exercise, or
delegating, the competences of, in the district scope, triggering, on the verge or
occurrence of serious accident or disaster, the civil protection actions of
prevention, relief, appropriate assistance and rehabilitation in each case.
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Article 39.
[...]
1-[...]:
a) [ Repealed ];
b) The district operational commander, who presides;
c) [...];
d) [...];
e) [...];
f) [...];
g) [...].
2-A District Commission for Civil Protection is convened by the Commander
District Operational or, in your absence or hindrance, by whom it is
by it assigned.
Article 50.
[...]
1-[...]:
a) [...]
b) [...]
c) [...]
d) [...]
e) [...]
f) [...]
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2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-The national and district emergency plans are drawn up by the
National Civil Protection Authority and those of municipal scope are
drawn up by the respective City Hall.
8-The emergency plans referred to in paragraph 3 are drawn up by the
National Civil Protection Authority.
9-[...].
Article 53.
[...]
1-[...].
2-Compete to the Operational Operational Commanders of Operations of
Help the request to the President of the National Protection Authority
Civil for the participation of the Armed Forces in protective functions
civil in the respective operational areas.
3-In the event of manifest urgency, the District Operational Commanders
of Socorro Operations can request the collaboration of the Forces
Armed directly to the commanders of the units deployed in the
respective area, informing of this even the operational commander
national. "
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Article 16.
Transitional arrangement
All assignments or competencies committed to civil governments or governors
civilians, resulting from legislative acts not mentioned in this Law and to be included in the
scope of the legislative competence of the Assembly of the Republic, are assigned to the member
of the Government responsible for the area of internal administration, with faculty of delegation and
subdelegation.
Article 17.
Abrogation standard
1-It is repealed Article 22 (3) of the Decree-Law No 319-A/76 of May 3, amended
by Organic Laws n. ºs 3/2000, August 24, 2/2001, August 25, 4/2005,
of September 8, 5/2005, of September 8, and 3/2010, of December 15, by the Laws
n. ºs 143/85, November 26, 31/91, July 20, 72/93, November 30,
11/95, of April 22, 35/95, August 18, 110/97, of September 16, and by the
Decrees-Law n. 377-A/76, of May 19, 445-A/76, of June 4, 456-A/76, of 8
of June, 472-A/76, of June 15, 472-B/76, of June 15, 495-A/76, of 24 of
June, 55/88, of February 26.
2-Are repealed at para. b) of Article 5 and Article 114 (2) of the Law No 14/79 of 16
of May, as amended by Organic Laws No. 1/99, of June 22, 2/2001, of 25 of
August, 3/2010, of December 15, by the Leis n. ºs 14-A/85, July 10, 5/89, of
March 17, 18/90, of July 24, 31/91, July 20, 72/93, November 30,
10/95, of April 7, and 35/95, of August 18, and by the Decrees-Law No. 400/82, of 23
of September, and 55/88, of February 26.
3-Are repealed at para. c) of Article 5 and points (g) and h) of Article 6 (1) of the Law
n ° 14/87 of April 29, as amended by Organic Laws No. 1/99 of June 22, and
1/2005, of January 5, and by Law No. 4/94 of March 9.
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4-It is repealed the point e) of Article 1 (2) of Law 64/93 of August 26, amended
by the Laws n. ºs 39-B/94, of December 27, 28/95, August 18, 42/96, 31 of
August, 12/96, of April 18, 12/98, of February 24, and 30/2008, of July 10, and
by Decree-Law No. 71/2007 of March 27.
5-Are repealed at para. c) of Article 10 and ( j) of Article 27 (1) of the Law
n. 20/95, of July 13.
6-It is repealed Article 18 (2) of Law No 27/96 of August 1.
7-Are repealed Article 93 (4), para. c ) of Article 221 (2) and Article 232.
of the Organic Law No. 1/2001, as amended by the Organic Laws n. 5-A/2001, of 26 of
November, 3/2005, of August 29, and 3/2010, of December 15.
8-Are repealed Article 34 (2) and (2) a ) of Article 39 (1) of the Law
n. 27/2006, of July 3.
Article 18.
Republics
1-It is republished in Annex I to the present diploma, of which it is an integral part, the
Decree-Law No 319-A/76 of May 3, with the current wording.
2-It is republished in Annex II to this diploma, of which it is an integral part, the Act
n ° 14/79 of May 16, with the current wording.
3-It is republished in Annex III to this diploma, of which it is an integral part, the Act
n ° 28/82 of November 15, with the current wording.
4-It is republished in annex IV to this diploma, of which it is an integral part, the Act
n ° 14/87 of April 29, with the current wording.
5-Is republished in annex V to the present diploma, of which it is an integral part, the Act
n ° 64/93 of August 26, with the current wording.
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6-It is republished in Annex VI to this diploma, of which it is an integral part, the Act
n. 15 -A/98 of April 3, with the current wording.
7-It is republished in annex VII to this diploma, of which it is an integral part, the Act
Organic No 4/2000 of August 24, with the current wording.
8-It is republished in annex VIII to this diploma, of which it is an integral part, the Act
Organic No 1/2001 of August 14, with the current wording.
9-It is republished in annex IX to this diploma, of which it is an integral part, the Act
n ° 27/2006 of July 3, with the current wording.
Article 19.
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
