ASSEMBLY OF THE REPUBLIC

1

DRAFT LAW NO. 23 /XII/1.

Changes the legal regime of the Municipal Councils of Youth

Exhibition of reasons

The promotion of the civic participation of young people in public life should be a central objective of modern democracies.

Assents in this priority of constructing politico-constitutional mechanisms of

participation, feature the Municipal Youth Councils of Youth (CMJ). A democratic space, where young people have the possibility to influence the elaboration of better policies, to bring their claims up to the powers constituted and in this way to be themselves also subject to the political process.

With the Municipal Councils of Youth, they meet the immediate ends of

to expand the democratic participation of citizens in general and young people in particular, as well as to train them and give them experience in civic life and involvement in the management of the public cause. On the other hand, the CMJ, as a strategic municipal support body with advisory and supervisory functions, allows for the monitoring of local projects and policies, with the purpose of further increment of the quality and the right of public decisions that are intended for this target audience.

Relying on the involvement, advice and surveillance of young people-demographic group strongly motivated and formed for civic intervention in public life-ensures modernity and innovation in the solutions and political paths to be pointed out. And, with proper and continuous training, it allows for more effective intervention in the construction of a better society, based on associativism and concepts of volunteering, cooperation and solidarity.

Today, more than ever, young people are on the basis of social concerns. The

Youth, as a cross-sectional theme and in the context of the socio-economic difficulties we live in, need concrete answers in the area of education, employment, guarantee and extension of duties and social rights and other strands that guarantee and consolidate their autonomy, indispensable to their lifelong well-being.

When we talk about the follow-up and auscultation of the transversal policies of

youth, it is unquestionable the role that youth Associations have had with the communities where they are incede. It was also for the purpose of strengthening the action of youth organizations in the Municipalities that in 2009 the legal regime was created that regulates the constitution of Municipal Councils of Youth, advisory bodies

ASSEMBLY OF THE REPUBLIC

2

where the youth is the protagonist of the debate, the exchange of opinions and experiences, of the exhibition and formulation of municipal policies.

Law No. 8/2009 of February 18 establishes the composition, competences and rules of operation of the Municipal Councils of Youth and, given the envisaged transitional arrangements, makes it mandatory to adapt, by placing the transitional period of 6 months since its date of entry into force, which it finalised in August 2009.

Already outdated the deadline stipulated by law, today, we still have in the Country a significant number of Municipalities that have not constituted them in the face of some interpretative doubts and constraints posed by the local partner-demografica reality, not always of easy adaptation to the gated model in the law.

It is incumbent on Parliament-in an attitude of responsibility and commitment to monitoring the practical implementation of the legislative measures to which it gives cradles-to create mechanisms for hearing and analysis of the possible criticism, difficulties and obstacles that the recipients of the legislative activity in question may point to or detect, so that it can then arrange for corrective or even revocation measures, or still propose or recommend pipelines to other organs of sovereignty or entities.

In that sense, the Assembly of the Republic created for the purpose, in the previous legislature, a Working Group composed of PSD, PS and CDS-PP deputies, which was left mandated to look at the " ... insufficient level of the implementation of Law No. 8/2009 and the even significant number of municipalities that have not yet adopted a municipal youth council in the exact terms provided for in that Act ", as well as" to study the possible difficulties and obstacles to the application of Law No 8/2009 that may be being created by the current model "and" submit recommendations ".

They thus proceeded to the hearings of the entities that tutelage and have competences in the related matters and intervention of the Municipal Councils of Youth, namely the National Association of Portuguese Municipalities (ANMP); the Portuguese Institute of the Youth (IPJ); the National Youth Council (CNJ) and the National Federation of Juvenile Associations (FNAJ).

Written opinions have also been requested of the entities of the Autonomous Regions which have competence in the matter, specifically the Association of Municipalities of the Autonomous Region of Madeira (AMRAM); the Association of Municipalities of the Autonomous Region of the Azores (AMRAA); the Regional Youth Directorate of the Autonomous Region of Madeira; Regional Directorate of Youth of the Autonomous Region of the Azores and Ombudsman.

Overall, all the absent entities agree on the importance of the existence of the current law to regulate the functioning of this advisory body, recognize that youth associations are an added value to the Municipalities,

ASSEMBLY OF THE REPUBLIC

3

but they understand that some standards regulated in the current legal regime should be changed, in the sense of improving and streamlining the functional model of the CMJ.

The main concerns expressed will be in the sense of the need to give greater flexibility in the composition of the CMJ depending on the characteristics of the Municipalities; clarify the nature of the opinions issued by the CMJ so that they do not check themselves dubious interpretations, as well as simplifying the mechanisms ' procedures for the full functioning of their advisory function.

We highlight in this process the communication of January 27, 2011 from the Provider of

Justice centered on two fundamental issues, and much reiterated by the organization representing the authorities, " responsibility of the municipal chamber regarding logistical and administrative support for events organised on the initiative of the municipal council of youth "and" standards regarding the competence for the election of representatives in other bodies advisory ".

Members of the PSD, PS and CDS-PP have presented a joint initiative on this

matter in the previous legislature, which would however come to lapse with the early end of it. In the sense of being able to realize the work previously developed and to allow the then proposed amendments to be discussed and possibly implemented the proposing MPs now present this bill.

Through the present draft law, it is intended, in summary, to relax the composition of the CMJ through the non-compulsion of the enrolment of the student and academic associations in the National Register of Young Associativism; clarify the issuance of opinion and with regard to logistical and administrative support to ensure respect for the administrative and financial autonomy of the Municipality. This was a thoughtful and widely discussed process by the various stakeholders. We will be able to with this proposal not to correspond with all the yearns, but we are convinced that it will certainly realize a greater participation of the youth in public life and democratic instances. This is a process that the Assembly of the Republic itself should continue to follow so that the principles versed in this project, which amends and supplement the law in force, pursue the goal of greater proximity of young people to the life of their community.

Thus, under the applicable constitutional and regimental provisions, the undersigned MPs present the following Draft Law:

Article 1 First amendment to Law No 8/2009 of February 18

ASSEMBLY OF THE REPUBLIC

4

Articles 4, 7, 8, 10, 18, 21, 21, 21 and 22 of Law No. 8/2009 of February 18, which creates the legal regime of the Municipal Youth Councils, shall be replaced by the following:

" Article 4 Composition of municipal youth councils

The composition of the municipal youth council is as follows:

a) [...] (b) [...] c) [...] e) A representative of each association of elementary and secondary school students with registered office in the municipality; f) A representative of each association of higher education students based in the municipality; g) [...] h) [...] i) [...]

Article 7 Consultative competences

1-Compete for municipal youth councils to pronounce and issue obligatory, non-binding opinion on the following subjects:

a) [...] (b) [...] c) (repealed).

2-Compete for municipal youth councils to issue opinion mandatory, non-binding, on draft regulations and municipal postures that versem on subjects that concern municipal youth policies. 3-The municipal youth council will be absent by the city hall during the drafting of the draft acts provided for in the preceding paragraph. 4-(previous n. 3) 5-(previous n. 4)

Article 8 Issue of mandatory opinions

1-At the stage of preparation of the draft documents relating to paragraphs (a) and (b) of the preceding Article 1, the city hall will meet with the municipal youth council for

ASSEMBLY OF THE REPUBLIC

5

to present and discuss the general lines of youth policies proposed by the municipal executive, as well as for the municipal youth council to be able to submit any proposals as to these subjects. 2-Upon approval by the municipal executive of the documents to which they allude subparagraphs (a) and (b), of paragraph 1 of the preceding article, it is the jurisdiction of the municipal chamber to send such documents as well as all relevant documentation for examination to the council municipal youth, requesting the issuance of the mandatory, non-binding opinion, provided for in paragraph 1 of the preceding article. 3-For the purpose of issuance of the mandatory, non-binding opinion provided for in paragraph 2 of the preceding Article, the municipal chamber shall request it immediately after the approval of the regulation for public consultation, referring to the municipal council of youth all relevant documentation. 4-The opinion of the municipal youth council requested in paragraph 2 of the preceding Article shall be referred to the competent body for final deliberation, within a maximum period of 15 days counted from the solicitation referred to in the preceding paragraph. 5-A non-issuance of mandatory opinion, within the time limit set out in paragraph 4, shall not preclude its assessment and approval by the competent bodies.

Article 9 Follow-up Competences

It is incumbent upon the municipal youth councils to monitor and issue recommendations to the municipality's bodies on the following subjects:

a) [...] (b) Execution of the budgetary policy of the municipality and its corporate sector concerning youth policies; c) [...] d) [...]

Article 10 Electoral competences

It is incumbent on the municipal youth councils to elect a representative of the municipal youth council in the municipal council of education.

Article 15 Rights of the members of the municipal youth council

1-...

a) [...] b) [...]

ASSEMBLY OF THE REPUBLIC

6

c) Eleger a representative of the municipal council of youth in the municipal council of education; d) (repealed). e) [...] f) [...]

2-...

Article 18 Plenary

1-The plenary of the municipal youth councils meets ordinarily four times a year, being two of the meetings aimed at the assessment and issuance of opinion in relation to the annual plan of activities and the budget of the municipality and another intended for the assessment of the report of activities and accounts of the municipality. 2-... 3-(revoked). 4-(repealed). 5-At the beginning of each term the plenum elects two secretaries from among its members who, together with the president, constitute the table of the plenary of the municipal youth council, and ensure, when necessary, the conduct of the proceedings. 6-...

Article 21 Logistic and administrative support

The logistical and administrative support for municipal youth councils is the responsibility of the municipal chamber, respecting the administrative and financial autonomy of the municipality.

Article 22 Facilities

1-The municipality must make decent facilities available for the operation of the municipal youth council. 2-The municipal youth council may request the ceding of space free of charge to the city hall for organizing activities promoted by you or its members and to hold the hearing with relevant entities for the exercise of the their competencies. "

Article 2.

ASSEMBLY OF THE REPUBLIC

7

Abrogation standard Article 7 (1) and (7) (15) and paragraphs 3 and 4 of Article 18 (18) of Law No 8/2009 of February 18 are hereby repealed.

Article 3 Entry into force

This Law shall come into force on the day following its publication.

Assembly of the Republic, July 22, 2011

The Deputies,