Establishes The Legal Regime Of Creation, Organization And Functioning Of Public Associations Professionals

Original Language Title: Estabelece o regime jurídico de criação, organização e funcionamento das associações públicas profissionais

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PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1 172/2012 PL 1 2012.07.18 explanatory memorandum the present law aims to establish a general legal framework applicable to all public professional associations to promote self-regulation and the administrative decentralization, with respect for the principles of harmonization and transparency. The Constitution of the Portuguese Republic recognizes public professional associations autonomy and administrative decentralization to ensure, on the one hand, the defence and safeguarding of the public interest and the fundamental rights of citizens and, on the other hand, the self-regulation of professions whose exercise requires technical independence. Additionally, the Constitution of the Portuguese Republic establishes that public associations can only be established professionals to satisfy specific needs, cannot serve own trade unions and are provided with an internal organization based on respect for the rights of its members and the democratic formation of its organs. Considering the unitary nature of the constitutional foundations and the need to eliminate differential rules between public associations professionals, shows appropriate to establish a legal framework which defines harmonizer aspects related to the creation of new associations and establishing general rules of organization and functioning of public professional associations, with full respect for fundamental rights constitutionally enshrined.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 2 beyond the constitutional framework, it should be noted that, pursuant to the memorandum of understanding on the Conditionalities of Economic Policy, signed on 17 May 2011, the Portuguese State undertook a set of commitments vis-à-vis the European Union, the European Central Bank and the International Monetary Fund , in particular as regards professional qualifications and regulated professions. The Portuguese State must thus perform the necessary steps to improve the functioning of the regulated professions, specifically with regard to the recognition of professional qualifications, the Elimination of restrictions on the use of commercial communication (advertising) and the Elimination of the requirements to the taking up and pursuit of regulated professions that are not justified or proportionate. In this sense, it is necessary, firstly, to complement the scheme approved by the law No. 9/2009, of 4 March, which transposed into the internal legal order no policy 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications and Directive No. 2006/100/EC of 20 November 2006 adapting certain directives in the field of free movement of persons, by reason of accession of Bulgaria and Romania, establishing the rules applicable in the national territory, the recognition of professional qualifications acquired in another Member State of the European Union by national of a Member State wishing to exercise, as self-employed or as a subordinate, a profession regulated by public professional association not covered by specific arrangements.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 3 In second place, it is necessary to adjust the public professions and professional associations for those governed by arrangements laid down in Decree-Law No. 92/2010 of 26 July, which transposed the Directive No. 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, which established the principles and criteria that must be observed by the access regimes and exercise services activity in the European Union. These amendments aim to facilitate the exercise of the freedoms of establishment and freedom to provide services, while guaranteeing to consumers and to the beneficiaries of the services covered greater transparency and information, providing them with a broader, diverse and offer superior quality. Thirdly, it is appropriate to establish public associations applicability expressly professionals and for those regulated professions of the arrangement provided for in Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009 of March 10, which transposed into the internal legal order No. Policy 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market. That Ordinance has made the imposition of national requirements to providers of services established in other Member States of the European Union truly exceptionally located. Therefore, revealed adequate and required a thorough review of the legal framework for the creation, organization and functioning of new public associations professionals, approved by law No. 6/2008 of 13 February. It is recalled that in the genesis of this law was the recognition of the need to create a framework scheme for new public associations professionals. It turns out, however, that the same contains a set of rules that, with benefits for citizens and for professionals, should be extended to all public professional associations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 4 should also be noted that the legal regime of public associations professionals should always articulate with the system of rights, freedoms and guarantees laid down in the Constitution, in particular with the right to choose freely the profession or the kind of work, which chairs the taking up and pursuit of the profession. These two strands of that fundamental right must be guaranteed against administrative interference or against disproportionate regulations and restrictions on access to the profession must be justified by an overriding public interest when invoked by the restrictions on the exercise of the profession. The Government launched a public consultation on the draft of this diploma on which spoken public associations and other professional entities, having been taken into account in the proposed solutions in this Decree the contributions so received. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions article 1 object to this law establishes the legal regime of creation, organization and functioning of public associations professionals.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 5 article 2 public Professional Associations for the purposes of this law, the following shall be considered as public associations professionals public entities representing professions associative structure which must be placed under, cumulatively, the respective access control and exercise, the preparation of technical standards and of deontological rules and principles and specific to a disciplinary regime autonomous for the imperative public interest pursued. Article 3 1 Constitution-the Constitution of public associations professionals is exceptionally located, and can only take place when: a) aiming at the supervision of a public interest of particular note that the State cannot ensure directly; b) is adequate, necessary and proportionate to protect legal assets to be protected; and c) Respect only professions subject to the requirements laid down in the preceding article. 2-the formation of new public associations professionals is always preceded by the following procedures: a) Presentation of study, prepared by an independent entity and recognized merit, on the requirements set out in the previous article and fulfilment of the requirements laid down in the previous paragraph, as well as on its impact on regulation of the profession in question; b) hearing the representative associations of the profession;

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c) submission to public consultation for a period of not less than 60 days, of diploma projects of creation and statutes of the professional public association, accompanied the study referred to under (a)). 3-each regulated occupation match only a single public professional association which may represent more than a profession, provided that they have a common basis of technical or scientific nature. Article 4 Nature and legal framework 1-public associations are professionals people public conferences and are subject to a system of public law in the performance of their duties. 2-In everything that is not regulated in this law and in the respective law of creation, as well as in their statutes, subsidiarily applicable to public associations professionals: a) with regard to their duties and the exercise of public powers delegated to them, the code of administrative procedure, with any necessary adaptations, and the General principles of administrative law; b) with regard to its internal organisation, the rules and principles governing private law associations. Article 5 1 Assignments-they are attributions of the public associations in accordance with law professionals: a) the protection of general interests of recipients of services; (b)) the representation and defence of the general interests of the profession;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 7 c) the regulation of access to and exercise of the profession; d) granting exclusive of professional titles which represent professions; and, where they exist), the specialty professional titles; f) the assignment, when available, of prizes or honours; g) the drawing up and updating the professional registration; h) exercise disciplinary authority over its members; I) the provision of services to its members, in relation to the professional practice, particularly in relation to information and vocational training; j) collaboration with other entities of the Public Administration in pursuing public interest purposes related to the profession; k) the participation in the drafting of legislation relating to access to and exercise of the respective professions; l) participation in official accreditation processes and in the evaluation of the courses that give access to the profession; m) the recognition of professional qualifications obtained outside the national territory, in accordance with law, of European regulation or International Convention; n) Any other committed to them by law. 2-The public associations professionals are restricted from exercise or to participate in activities or trade union nature that relate to the regulation of the economic or professional relations of its members.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/8 3-1 public professional associations may not establish restrictions on the freedom of profession that are not provided for in law or infringing the rules of competition in the provision of professional services, in accordance with national and EU rights. 4-for the purposes of paragraph 1, and without prejudice to the respective code of ethics, the public associations professionals cannot practice acts or approve regulations that restrict access to and the exercise of the profession. Article 6 principle of speciality 1-without prejudice to the observance of the principle of legality in the field of public administration, and unless expressly provided otherwise, the legal capacity of the public associations professionals covers the practice of all legal acts, the enjoyment of all rights and subject to all obligations necessary for the attainment of its purposes and tasks. 2-public professional associations may not pursue activities or use their powers outside its powers nor to devote its resources to purposes other than those for which they have been legally committed. Article 7 Creating 1-professional public associations are created by law. 2-the diploma project of creation of each public professional association must be accompanied by a statement of the need for its establishment, in accordance with article 3, as well as the options that were taken. 3-the law of creation of each public professional association defines the essential aspects of his regime, namely: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 9 a) designation; b) Occupations concerned; c) purposes and assignments. 4-The public professional associations are created for indefinite time and only be extinguished, merged or de-merged in accordance with article 3 and the preceding paragraphs. Article 8 Statutes 1-statutes of public associations are approved by law professionals and should regulate, inter alia, the following matters: a) Scope of activity, aims and tasks; b) acquisition and loss of membership; c) professional internships or other, provided for in law, which are justifiably required to access and exercise of the profession; d) registration number of periods per year, in cases where provision is made for the completion of traineeship or examination; and) category of members; f) rights and duties of members; g) internal organisation and competence of bodies; h) Incompatibilities as regards exercise of associative positions; I) elections and their election process; j) deontological principles and rules; k) Disciplinary Procedure and respective sanctions;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 10 l) economic and financial Regime, in particular concerning the establishment, collection and allocation of quotas; m) professional specialties colleges, if any; n) incompatibilities and impediments schemes relating to the exercise of the profession, if any; the) recognition of professional qualifications obtained outside the national territory, in accordance with law, of European regulation or International Convention; p) provider of recipients of services, if any. 2-for the purposes of points (a) to (c)) and (d)) of the preceding paragraph, the statutes shall lay down the arrangements for qualifying stage or, where appropriate, of the formative period, in particular, as regards the following aspects: a) maximum duration of the internship, which may not exceed the 18 months from the date of registration and including possible phases of training and assessment; b) rights and duties of the Advisor or patron; c) rights and duties of the intern; d) suspension arrangement and termination of internship; and) personal accident insurance; f) Professional Insurance.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 11 3-the Organization of any phases of training and assessment of professional stages referred to in the preceding paragraph is the sole responsibility of the respective professional public associations, unless the law define the involvement of public authorities in the procedures of implementation or enforcement of the traineeship or funding schemes of public training providers and where appropriate, the involvement of employers in the implementation of the stages. 4-in situations where the completion of traineeship or necessary training process should occur in public, the employers substances referred to in (c)) and d) of paragraph 1 are governed by decree-law. Article 9 1-administrative Autonomy in the exercise of its public powers the public associations professionals practise the necessary administrative acts to their duties and approve the regulations provided for in the law and the statutes. 2-except for the cases provided by law, the acts and regulations of professional public associations are not subject to Government approval. Article 10 Financial Autonomy 1-public professional associations have their own heritage and their own finances, as well as budgetary autonomy. 2-financial autonomy includes the power to determine, in accordance with the law, the value of: a) monthly or annual Quota of its members; b) fees for services rendered, according to criteria of proportionality.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/12 article 11 1 1 Denominations-The public associations professionals have the name ' professional ' when match professions whose exercise is conditional upon the attainment of a Bachelor's degree or higher academic qualification and the name ' professional ' camera in otherwise. 2-the use of the names ' professional ' and ' professional ' camera name «professional» specialty College is exclusive of public associations professionals or their bodies, respectively. Article 12 cooperation with other entities 1-professional public associations may form or join associations of private law and cooperate with related entities, domestic or foreign, especially within the European Union, European economic area and the community of Portuguese Language countries. 2-for the better performance of its duties, the public associations professionals may establish co-operation agreements with other public or private entities, domestic or foreign, except where the nature of association or political entities.



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Proposal of law No. 87/XII/13 3 1-public associations professionals must still provide and request public associations professionals or competent administrative authorities of the other Member States and the European Commission mutual assistance and take the necessary steps to cooperate effectively, within the framework of the procedures relating to service providers established in another Member State, in accordance with articles 26 to 29 of Decree-Law No. 92/2010 , July 26, of paragraph 2 of article 51 of law No. 9/2009, of 4 March, and of paragraphs 2 and 3 of article 19 of Directive No. 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market, notably through the internal market information system. 4-In the field of recognition of professional qualifications, public professional associations wield the powers provided for in paragraph 9 of article 47 and paragraph 2 of article 51 of law No. 9/2009, on March 4, under the coordination of the entity carrying out the tasks provided for in article 52 of law No. 9/2009, of 4 March. CHAPTER II internal organisation article 13 1 geographic scope-public associations have professionals nationwide. 2-Notwithstanding the preceding paragraph, the public associations professionals can understand regional and local structures, which it is for the continuation of the tasks of those in its territorial area, in accordance with the statutes. 3-in the case referred to in the preceding paragraph, the status of each Professional Association specifies which local and regional delegations in that structure, as well as its organization and competencies.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 14 4-Excepted checks, by overriding reasons relating to the public interest, should relate directly and specifically about certain facilities, have national validity: a) administrative permissions granted by regional and local structures; and (b)) the formalities of control practiced by professionals, the professional societies or other associations of professionals to provide services in the national territory in accordance with paragraph 4 of article 37 in view of regional and local structures. Article 14 Professional 1-Specialty Colleges where the law provides for the existence of professional specialties, public associations corresponding professionals can organize themselves internally in professional specialty colleges nationwide. 2-the statutes establish the Organization and powers of the colleges of professional specialty and can predict, by overriding reasons relating to the public interest or inherent in the ability of the people, the entry for the period of probationary or probative or exam for obtaining title professional specialty. 3-in cases in which the qualifications obtained in another Member State of the European Union or European economic area relates to the exercise of activities comparable to those exercised by specialized professionals in the national territory, the procedure for the recognition of professional qualifications follow the article specialized 47 of law No. 9/2009, of 4 March.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/15 4 1-whenever a specialty obtained in another Member State has no match in Portugal and it is not possible to recognise professional qualifications globally with compensation measures, pursuant to c) of paragraph 1 of article 11 of law No. 9/2009, of 4 March access to national specialities is governed by the provisions applicable to professionals whose qualifications were obtained based on the national territory, without discrimination, in accordance with the terms of article 47 of law No. 9/2009, of March 4, only the recognition of professional qualifications. Article 15 1 Bodies-public associations professionals have own organs and their internal organization is subject to the principle of separation of powers. 2-Constitute mandatory associations professional public bodies: a) A representative Assembly, with deliberative powers, in particular with regard to general approval of the budget, the plan of activities and projects of bylaws amendment, approval of regulations, quotas and taxes or of creating specialty colleges; b) an executive body, which exercises powers of direction and management, in particular in administrative and financial matters, as well as regarding the external representation of the interests of the Association; c) A supervisory organ, which watch over legality of the activity exercised by the organs of the Association and shall exercise powers of inspection, particularly in disciplinary matters; d) A supervisory organ of financial management, which includes a statutory auditor.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/16 3-1 the statutes of public associations professionals can predict the existence of a President or Chairman, as Chairman of the executive body or as autonomous body with its own powers, in particular the external representation of the Association. 4-the statutes may provide for even the existence of other organs to decide on general issues as well as technical and advisory bodies. 5-the mandates of the holders of the organs of public professional associations cannot be more than four years, renewable only once. 6-the name of the organs is freely chosen by each professional public association status, except for the designation «Chairman», which is the President of the private orders. 7-the representative Assembly and the supervisory organ of the public associations professionals are elected by universal suffrage, direct, secret and periodic. 8-the representative Assembly is elected through the proportional representation system, territorial circles defined in the statutes, which may however include a representation of regional structures, if they exist. 9-in the case of direct election of the President or Chairman, should be subject to the arrangements laid down in the Constitution for election of the President of the Republic, with the necessary adaptations. 10-the supervisory body is independent in the performance of their duties, and may include foreign elements to the profession, to a third of its composition. 11-The regional and local structures, if any, are required to House bodies of professionals enrolled in its territorial division and an Executive elected by that Assembly.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/17 12-1 The permanent executive positions can be remunerated pursuant to statute or regulation. Article 16 1 Eligibility-any professional member with the entry into force and the full exercise of their rights to vote and be elected to the organs of the respective Association. 2-the statutes may condition eligibility for the post of President, Chairman or member of the governing body with disciplinary powers to check for a minimum time of exercise of the profession, not more than 10 years. 3-the designation of the members of the bodies of public associations professionals is not subject to Government approval. Article 17 regulatory power 1-public professional associations regulations apply to its members, as well as the candidates for the practice of the profession. 2-the development of the regulations follows the arrangements laid down in the code of administrative procedure, including the provisions regarding the public consultation and the participation of interested, mutatis mutandis. 3-the regulations of the public associations with external effectiveness professionals are published in the second series of the Diário da República, without prejudice of its publication in the official journal or on the electronic site of the Association.



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Article 18 disciplinary power 1-professional public associations are empowered under the respective statutes and with respect, inter alia, by the audience and defence rights, the disciplinary authority over its members, registered in accordance with articles 24, 25 and 37, as well as the professionals on freedom to provide services, to the extent that the deontological principles and rules applicable to them pursuant to paragraphs 2 and 6 of article 36. 2-the statutes of each professional public association set out the facts that constitute disciplinary infraction as well as disciplinary penalties applicable. 3-disciplinary sanctions of suspension and expulsion from the professional public association shall apply only to serious and very serious offences committed in the exercise of the profession and may not originate in the breach by the Member of the obligation to pay dues or any other duty of pecuniary nature. 4-the disciplinary sanction of expulsion is applicable when, having regard to the nature of the profession, the disciplinary infraction has undermined the life, the physical integrity of persons or be seriously detrimental to the honor or unrelated heritage or equivalent values, without prejudice to the right to rehabilitation, in terms of their respective statutes. 5-exercise disciplinary functions of public associations professionals is defined in the respective statutes, competing, at least in the last instance, the body referred to in point (c)) of paragraph 1 of article 15. 6-in the omissive cases, shall apply, mutatis mutandis, the procedural rules laid down in the staff regulations to discipline workers who carry out Public Functions. 7-the disciplinary procedure can be triggered: a) By Government agencies of the Association;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 19 b) by the provider of the recipients of services, when exists; c) by prosecutors. Article 19 Incompatibilities in exercising functions 1-the performance of executive duties, disciplinary and supervisory bodies in the organs of the public associations professionals is incompatible with each other. 2-the position of holder of public associations professional body is incompatible with the exercise of any functions in the civil service leaders and with any other function which check a manifest conflict of interest. 3-the rule provided for in the first part of the preceding paragraph may be exceptional, and inform, waived by the statutes of the respective public professional association. Article 20 1 Provider-professional public associations may designate an independent person to defend the interests of recipients of professional services rendered by the members of those. 2-the provider of recipients of services is designated under the conditions laid down in the statutes of the Association and cannot be removed, except for serious misconduct in the performance of their duties. 3-it is up to the provider to analyse the complaints by recipients of services and make recommendations for the resolution of those complaints, as in General to improve the performance of the Association. 4-the Office of provider can be remunerated pursuant to statute or regulation.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 20 5-in the case of a member of the professional public, the person appointed to the Office of the Ombudsman requires the suspension of your registration pursuant to statute or regulation. Article 21 internal Referendum 1-statutes of public associations professionals can provide for the submission to a referendum, with binding or advisory character, upon decision of the representative Council, on issues of particular relevance to the Association that fit the respective assignments. 2-must be subjected to internal referendum proposals to dissolve the Association. 3-the statutes of each professional public association may specify other questions to submit the referendum procedure. 4-the referendums must be preceded by the verification of your legal or statutory supervisory authority referred to in subparagraph (c)) of paragraph 1 of article 15. Article 22 one-stop 1-all applications, communications and notifications or declarations relating to the profession organized in professional public association between the Association and the professional or professional society, with the exception of those relating to disciplinary procedures, are carried out by electronic transmission of data via the electronic one-stop-shop services, accessible via the Internet Web site of the respective public professional association.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 21 2-production of documents in a simple manner in accordance with the preceding paragraph eliminates the consignment of original documents, authentic, authenticated or certified, without prejudice to the provisions of points (a)) and c) of paragraph 3 and in paragraphs 4 and 5 of article 7 of the Decree-Law No. 92/2010 , July 26. 3-When it is not possible to comply with the provisions of paragraph 1, for reasons of unavailability of electronic platforms, as well as in cases where the person concerned does not have the means to access the same, the transmission of information in question may be made by delivery of the professional association related services, for shipment by post under register, by fax or by email. 4-Are still applicable to procedures that are carried out between the Association and the professional or professional society subparagraphs (a) (d)) and e) of article 5 and paragraph 1 of article 7 of the Decree-Law No. 92/2010 of 26 July. Article 23 transparency without prejudice to the provisions of paragraph 3 of article 6 of Decree-Law No. 92/2010 of 26 July, and of paragraph 4 of article 19 of Directive No. 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market, public professional associations must make available to the general public through the electronic site of the Association, at least the following information: a) Access Regime and exercise of the profession; b) principles and ethics rules and technical standards applicable to its members;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 22 c) registration date of the respective professionals registered that includes at least: i) the name, domicile and the number of professional portfolio or ballot; II) the designation of the title and the professional specialities; III) the situation of suspension or temporary interdiction from the exercise of the activity, if applicable. d) Record updated in professionals ' freedom to provide services in the national territory, who consider themselves entered pursuant to paragraph 2 of article 4 of law No. 9/2009, of 4 March, that includes at least: i) the name and the professional domicile and, if available, the name of the professional title of origin and of the respective specialties; II) identification of the professional public association in the Member State of origin, in which the Professional is registered; III) the situation of suspension or temporary interdiction from the exercise of the activity, if applicable; IV) information relating to professional societies or other forms of associative organization of professionals who provide services in the Member State of origin, provide services in that capacity here; and updated Register of companies) and other forms of associative organization entered that includes, inter alia, the designation, the seat, the registration number and the tax identification number or equivalent;



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f) Record updated from other providers of professional services referred to in the last part of paragraph 2 of the next article, where there is the obligation to register, with due allowance for the respective name or description and their domicile, registered office or principal place of business; g) procedure for the submission of claims or complaints by recipients with respect to professional services as part of its activity; h) job offers in public professional association. CHAPTER III access to and exercise of the profession Article 24 Access and registration 1-Without prejudice to article 36, the exercise of profession organized in professional public association, whether on an individual basis is in the form of professional society or other associative organization of professionals in accordance with paragraph 4 of article 37, depends on prior registration as a member of that public association unless different regime is established in the law of creation of the respective Association. 2-the law may extend the obligation of registration provided for in the preceding paragraph to all professionals and professional societies or other associations of professionals to provide services in the national territory in accordance with paragraph 4 of article 37 and impose a registration requirement on professional public association to other professional service providers established in national territory , employers or sub-contractors of qualified professionals, involving the practice of acts of the profession in question, unless those are covered by another public sector-wide mandatory registration.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 24 3-if it is required, pursuant to paragraph 1, the register of employers or sub-contractors of professionals who are not skilled, professional societies or other associative organization of professionals to provide services in the national territory in accordance with paragraph 4 of article 37, providing professional services to third parties still cannot even assume character of administrative permission nor his failure to determine the prohibition of the exercise of the activity. 4-requirements to which the definitive registration in public professional association are exhaustively set out in the law of creation of the Association or in the law of regulation of the profession. 5-for the purposes of the preceding paragraph, the definitive professional registration depends only on the ownership of the license lawfully required for the exercise of the profession and, if they are justifiably required for this exercise, by overriding reasons relating to the public interest or inherent to the very capacity of people, of compliance with any of the following requirements: a) verification of the professional skills by placing the traineeship or another provided for in law; b) training and verification of knowledge relating to the code of ethics of the profession; c) realization of final stage to assess the knowledge and skills necessary for the practice of acts of public trust.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/25 6 1-Without prejudice to the provisions of paragraph 1 of article 33, in no case may the fixing of numerus clausus on admission to the occupation, including any specialty, associated or not to territorial restrictions according to population or of geographical distances between professionals or their societies and associations , or accreditation, professional, public associations officially recognized courses. 7-Safe legislative provision to the contrary, granting administrative permissions to access to the profession, either individually or in professional society or other associative organization of professionals in accordance with paragraph 4 of article 37, shall not be subject to the principle of tacit acceptance, being however always apply the provisions of subparagraph (a)) of paragraph 2 of article 9 of Decree-Law No. 92/2010 , July 26. Article 25 Registration 1-are entitled to enroll in the public associations all professionals who meet the legal requirements for access to the profession and wish to exercise, individually or in professional society. 2-in case of application of shame that has the effect of prohibiting the practice of the profession, shall automatically terminate the professional public association registration, without prejudice to the right to rehabilitation, in terms of their respective statutes. 3-Notwithstanding the system of recognition of qualifications obtained outside of Portugal by national of a Member State of the European Union or the European economic area, the requirements referred to in paragraph 1 cannot be discriminatory on grounds of nationality, place of residence or domicile of professional citizen of Member State or by reason of the nationality, place of incorporation, registered office or main administration in another Member State professional society or another form of associative organization of professionals pursuant to paragraph 1 of article 10 of Decree-Law No. 92/2010 of 26 July, nor violate the provisions of subparagraph (a)) of paragraph 1 of article 11 of that Ordinance.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/26 4 1-the provisions of the preceding paragraph shall not preclude the imposition of specific requirements to the professionals or to their societies or associations, directly justified by objective criteria based on the exercise of public authority which the profession Act, the specific mission of public interest or on grounds of public safety and health, in particular the need to maintain national territory documentary file, imposing concerted action with professional established immediately in the national territory or the need to indicate a domicile, or another professional, on national territory, for receiving quotes and notifications, except when the law admit the service by telefax or electronic information system and such is expressly accepted by the professional. 5-it is prohibited the imposition of the assumptions, the requirements and conditions referred to in paragraph 1 (b)) h) of paragraph 1 of article 11 of Decree-Law No. 92/2010 of 26 July. 6-all restrictions to access to and exercise of a particular profession, including those relating to professional qualifications, must be based on overriding reasons relating to the public interest, in particular in view of the specific mission of public interest concerned, on the basis of the public authority that the profession Act, or reasons inherent in the ability of the person. Article 26 fishermen in General 1-without prejudice to the technical standards and the applicable principles and ethics rules, the profession must observe the principle of free competition, as well as the rules of competition defense and protection against unfair competition.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/27 2 1-without prejudice to the provisions of paragraph 1 of article 33, the permission for the taking up and pursuit of a profession organized in public professional association is granted for an indefinite period and may only expire when you leave to verify the assumptions, requirements or conditions to which the granting such permission may not be subject to any other term or condition. 3-Notwithstanding the provisions of paragraph 1 of article 33, no territorial restrictions may be established or the number of establishments, charges of minimum numbers of employees or service providers, nor restrictions on the pricing practice or service charges to provide the contracted services in the exercise of profession organized in public professional association. 4-professional service providers, including professional societies or other forms of associative organization of professionals referred to in paragraph 4 of article 37 and other employers or subcontractors, shall be subject to the requirements of paragraphs 1 and 2 of article 19 and of articles 20 and 22 of Decree-Law No. 92/2010 of 26 July and yet, as regards the services provided by via electronics, the provisions of article 10 of Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009 of March 10. 5-the provisions of the preceding paragraph shall not apply to services and direct and indirect government bodies of the State, the autonomous regions and local authorities, or other collective public business people. Article 27 professional companies 1-professional societies may be established which have as their primary object the exercise of professions organised in a single public professional association, jointly or separately with the exercise of other professions or activities, provided that it is subject to the regime of incompatibilities and impediments.

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2-professional societies formed in Portugal can be civil societies or take any legal way allowable by law for the exercise of commercial activities. 3-Can be partners, managers or directors of companies referred to in the preceding paragraph people which do not have the professional qualifications required for the exercise of professions organised in public their professional association, except where, in view of the company's articles of Association, such challenge activity reservation established pursuant to article 30, which should, however, be always ensured compliance with the provisions of paragraph 1 and at least : the) most of the share capital with voting rights belong to the professionals concerned established on national territory, the societies of these professionals under the national law or the other forms of associative organization of similar professionals established in another Member State of the European Union or the European economic area, whose capital and voting rights fit mostly to professionals; and (b)) one of the managers or directors to be a member of the public association or associate professional, if the registration is optional, meet the requirements for admission to the occupation in the national territory. 4-can be laid down restrictions on the previous paragraphs, the statutes of public associations professionals, just based on the exercise of powers of public authority that the profession Act or overriding reasons relating to the public interest related to the Mission of public interest that the profession as a whole.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 29 Article 28 principles and deontological rules and technical standards 1-exercise of profession organized in professional public association shall be in compliance with the principles and rules of ethics and applicable technical standards, whether the professional activity is exercised individually, in their own name or by professional employee or subcontractor , either in the form of professional society provided for in the preceding article or other associative organization of professionals in accordance with paragraph 4 of article 37. 2-Notwithstanding the provisions of paragraph 1 of article 34, cannot be prohibited the exercise of professional activity in system of subordination, or required that the employer be qualified professional or professional society, provided that they are in compliance with the principles and rules of ethics and respect for the technical and scientific autonomy and by the guarantees conferred by the respective statutes professionals , and complied with the provisions of paragraph 2 of article 30. 3-the employer, the beneficiary and the partners, managers or directors of companies of professionals who do not have the professional qualifications required for the exercise of the profession organized in public professional association must comply with the principles and rules of ethics, technical and scientific autonomy and the guarantees conferred by law professionals and by respective statutes. Article 29 Incompatibilities and impediments the statutes may provide for rules regarding incompatibilities and impediments in the exercise of the profession, subject to compliance with the provisions of this law and are proportionate to the objective to guarantee the independence, impartiality and integrity of the profession and, where appropriate, the professional secrecy.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 30 article 30 1 activity booking-Without prejudice to the provisions of subparagraph (b)) of article 358.º of the Penal Code, the professional activities associated with each occupation are reserved only when such work expressly of the law, overriding reasons relating to the public interest, in accordance with criteria of proportionality. 2-the professional services involving the practice of acts of each profession, and which is intended for third parties, even if provided under subordination, are exclusively assured by professionals legally entitled to practice those acts. 3-the provisions of the preceding paragraph shall not apply to employees of the offices of the direct and indirect administration of the State, the autonomous regions and local authorities, or other collective public business people, with the exception of employees of services and establishments that make up the national health service. Article 31 professional liability insurance subject to the provisions of article 38, the statutes of public associations professionals can do depend on the exercise of the profession of compulsory insurance professional liability or warranty or equivalent instrument, which should be appropriate to the nature and extent of the risk, and only to the extent that the professional service present direct and specific risk to the health or safety of the recipient or service third party or to the financial security of the recipient of the service.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 31 article 32 1 Advertising-Without prejudice to the provisions of the following article, cannot be laid down rules which impose an absolute prohibition of any of the methods of advertising on the profession organized in public professional association. 2-can be imposed advertising restrictions when these restrictions are non-discriminatory, are justified by overriding reasons relating to the public interest, in particular to ensure respect for professional secrecy and comply with criteria of proportionality. 3-is applicable to professionals who provide services by via electronics articles 20 to 23 of Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009 of March 10. Article 33 professional services of general economic interest and exercise of powers of public authority 1-in the case of occupations to continue, as a whole or in certain of its actions and activities, specific missions of public interest, or in the case of professions whose entirety of acts or activities having a direct and specific connection with the exercise of powers of public authority , may be established, in the respective statutes, requirements contrary to the provisions of paragraph 6 of article 24, paragraphs 2 to 3 of article 26, paragraph 2 of article 28 and paragraph 1 of the preceding article, since that may be justified and proportionate, respectively, by overriding reasons relating to the public interest related to the continuation of the Mission of public interest concerned , or the exercise of those powers of public authority.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/32 2 1-national professionals of a Member State of the European Union or European economic area qualified out of Portugal to activities comparable to activities that, in Portugal, are related to the exercise of powers of public authority, in accordance with article 51 of the Treaty on the functioning of the European Union , do not apply the arrangements provided for in Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009, of 10 March, in law No. 9/2009, of 4 March, and in Decree-Law No. 92/2010 of 26 July, the extent of that exercise of powers of authority. Article 34 members ' Rights Are rights of members of public associations: the organs of the Association) elect and run for elections, with the inelegibilidades established in the law and in the by-laws; b) participate in the activities of the Association; c) benefit from the services provided by the Association, without any discrimination; d) Other laid down by law and the statutes. Article 35 obligations of members are duties of members of public associations: the professionals) participate in life of the Association; b) Pay the quotas; c) contribute to the prestige of the Association; d) other legal and statutory duties.

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CHAPTER IV freedom to provide services and freedom of establishment, freedom to provide services article 36 1-Professional legally established in a Member State of the European Union or the European economic area that develop activities comparable to professional activities organized in Portugal in public professional association may exercise them, occasionally and sporadic, in national territory, under the conditions laid down in law No. 9/2009 , March 4, in particular the provisions of chapters II and IV. 2-The professional referred to in the preceding paragraph is still apply the provisions of paragraph 6 of article 24, paragraphs 4 and 5 of article 25, article 26, paragraph 2 of article 28 and article 30, paragraph 1 (b)) and constant d) h) of paragraph 1 of article 11 of Decree-Law No. 92/2010 , July 26, and still legal or regulatory standards relating to professional conduct, in accordance with paragraph 2 of article 3 of law No. 9/2009, of 4 March. 3-professional service, subordinate or autonomous form or as a partner or to act as the Manager or administrator in the Member State of origin, in the context of professional society or another form of associative organization of professionals and intend to pursue their professional activity in national territory as such, under the freedom to provide services, must identify the company or the associative organization , for whom services, in the Declaration or the request referred to in articles 5 and 6 of law No. 9/2009, of 4 March, respectively, without need of society or associative organization hold any administrative permission or be entered or registered in public professional association concerned.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 34 4-the remaining requirements for the professional freedom to provide services in the national territory shall be specified by law and be based on overriding reasons relating to public policy, public health, public safety and environmental protection, in compelling reasons relating to the specific mission of public interest that the profession as a whole, to continue as service of general economic interest, in the exercise of powers of public authority in the exercise of the profession Act or reasons inherent in the ability of the person. 5-the provisions of paragraphs 2 and 4 shall apply to the freedom to provide services by post, telephone or fax or by any other means of electronic not distance. 6-the requirements applicable to professionals or their associations legally established in another Member State of the European Union or the European economic area who provide services to the national territory, through e-commerce, should appear on law and be based on overriding reasons relating to public policy, public health, public safety and consumer protection, in the exercise of powers of public authority in the exercise of the profession Act or reasons inherent in the ability of the person. 7-applies also to the freedom to provide services professionals organized in Portugal in public professional association the provisions of paragraph 3 of article 19 of Decree-Law No. 92/2010 of 26 July. Article 37 right of establishment 1-the recognition of professional qualifications acquired in another Member State of the European Union or European economic area Member State national is governed by law No. 9/2009, of 4 March.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/35 2 1-without prejudice to the establishment of conditions of reciprocity, the recognition of qualifications obtained outside the European Union by national of a Member State of the European Union or the European economic area or treated as such shall be governed by the law No. 9/2009, of 4 March. 3-Can I still enroll in public associations professionals nationals of third States, in conditions of reciprocity, since obtaining the recognition of qualifications, in accordance with the law in force. 4-the professionals established in Portugal providing services or subordinate or acting as a partner or to act as managers or directors within society of professionals or other form of associative organization of professionals operating in another State can only provide services in the national territory that quality if the organization concerned is established itself in Portugal, the main or secondary title, particularly through the establishment of a society of professionals, when legally permissible pursuant to article 27, or the establishment of permanent representation, pursuant to commercial law, whenever the Organization fulfills itself, the provisions of paragraphs 3 and 4 of article 27, properly adapted. 5-the professionals established in Portugal belonging to professional society or another form of associative organization of professionals operating in another Member State shall inform the respective public professional association accordingly, identifying the organization concerned.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 36 Article 38 1-professional liability insurance cannot be imposed on a professional service provider established in another Member State of the European Union or the European economic area the subscription to a professional indemnity insurance for the activity developed in national territory if it has this activity wholly or partly covered by insurance, guarantee or equivalent instrument subscribed or paid in the Member State where he is established. 2-If the insurance guarantee or equivalent instrument signed in another Member State partially cover the risks of the activity, the service provider must complement it to cover the elements or risks not covered. 3-for the purposes of the preceding paragraphs, the seller must deliver to the public association the respective professional certificate issued by a credit institution or insurance undertaking established in any other Member State, which is title enough for demonstration of compliance with the requirement of coverage of the insurance activity or equivalent subscribed or paid in the Member State where he is established. Article 39 statement of access requirements and exercise and of restrictive measures 1-the Ministry of Foreign Affairs, when asked by the Ministry competent sector, communicates to the Commission, in accordance with applicable law, the creation or modification of access and exercise requirements applicable to professionals from other Member States of the European Union or the European economic area who perform in Portugal organized profession activity in public Professional Association in particular: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 37 a) requirements set out in subparagraphs (i)) q) of paragraph 1 of article 11 of Decree-Law No. 92/2010 of 26 July, applicable to professionals established in national territory, that do not result in European legislation, in accordance with the provisions of paragraph 7 of article 15 of Directive No. 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market; b) requirements applicable to professionals on free provision of services on national territory which do not result from European legislation, in accordance with the provisions of paragraph 5 of article 39 of the directive referred to in (a); c) requirements exclusively applicable to professionals who provide services through electronics, in accordance with the provisions of Directive No. 98/34/EC of the European Parliament and of the Council of 22 June 1998, laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services; d) requirements to providers for free provision of services by via electronics, which do not result from European legislation should not be disclosed pursuant to the preceding paragraph, in accordance with the provisions laid down in paragraphs 4 to 6 of article 3 of Directive No 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services in particular electronic commerce, in the internal market.



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2-The measures restricting the freedom to provide services of professionals from other Member States of the European Union or the European economic area, carrying on in Portugal organized profession activity in professional public association, are taken and communicated to the Commission and to the Member State of establishment of the trader concerned, in accordance with the applicable legislation, in particular article 28 of Decree-Law No. 92/2010 , July 26, or of articles 7 to 9 of Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009 of March 10. Article 40 European professional card professional public associations may establish forms of collaboration or cooperation with other foreign entities that facilitate and encourage the mobility of professionals, in particular through the issuance, validation and use of the European professional card. Chapter V technical, financial and fiscal Regime article 41 1-Staff workers of the public associations professionals shall apply the system provided for in the labour code and the following paragraphs. 2-the conclusion of an employment contract must be preceded by a screening process complying with the principles of equality, transparency, publicity and the justification based on objective criteria of selection. 3-the rules that must obey the selection process necessarily included in the statutes or internal regulations of the public associations professionals.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 39 article 42 budget, financial management and public procurement-1 public associations professionals have autonomous budget proposed by the Executive and approved by the representative Assembly. 2-public professional associations are subject:) the rules of a balanced budget and debt limitation established in own diploma; (b)) to the regime of the public procurement code; c) The system of accounting standards for entities of the non-profit sector (ESNL), which integrates the Accounting standardisation system. 3-the State does not guarantee the financial liabilities of the public associations professionals, nor is it responsible for their debts. Article 43-1 Recipes Are recipes of public associations: a) the quotas of its members; (b)) The fees charged for the provision of services; c) respective income heritage; d) the product of inheritances, legacies and donations; and) other revenue provided for in the law and the statutes. 2-the State can only finance the professional public associations in the case of the consideration of certain services, established by Protocol and not understood in their legal duties.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 40 3-the deliberations on the establishment of quotas and the rates are approved by the representative Assembly by an absolute majority, on a proposal of the Executive Body, and on the basis of a study that based the amounts proposed, observed the substantive requirements laid down in the General Law on fees and other contributions of the public administration. 4-the recovery of amounts resulting from the recipes provided for in (a)) and b) of paragraph 1 follows the tax enforcement proceedings. Article 44 1 Services-professional public associations establish the operational and technical services necessary for the performance of their tasks, without prejudice to the Faculty of externalisation of tasks. 2-public professional associations may establish cooperation agreements with the Government inspection services for the performance of the supervisory task of the fulfilment of the duties of its members. 3-can be established cooperation agreements with the inspection services referred to in paragraph 1, designed to prevent the illegal exercise of the profession, particularly by those who do not meet the legally established qualifications. CHAPTER VI Supervision, judicial oversight and responsibility article 45 administrative Supervision 1-professional public associations are not subject to government supervision or guardianship of merit, except, on this, the cases specially provided for by law.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 41 2-The public professional associations are subject to the supervision of legality exercised by the same Government on the autonomous territorial administration. 3-the law of creation of each public professional association establishes which the Member of the Government shall exercise the powers of guardianship over each professional public association. 4-subject to the following paragraph, the administrative supervision over the public associations professionals is of inspetiva nature. 5-the regulations focus on the professional stages, evidence of professional access to the profession and the professional specialties only produce effects after approval of the respective guardianship, which is considered given if there is no decision to the contrary in the 90 days following its reception. 6-is applicable to public associations professionals, with the necessary adaptations, the provisions of law No. 27/96, of 1 August, as amended by organic law No. 1/2011, from November 30. Article 46 1-judicial review decisions of public associations professionals practiced in the exercise of public authority are subject to administrative litigation, in accordance with the laws of the administrative process. 2-Has legitimacy to challenge the legality of the acts and regulations of public associations: the professionals) interested parties, in accordance with the laws of the administrative process; (b)) the Prosecutor; c) the Member of the Government shall exercise the powers of guardianship over their public Professional Association; d) the Ombudsman.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 42 article 47 Supervision by the Court of Auditors the professional public associations are subject to the jurisdiction of the Court of Auditors, in accordance with the procedure laid down in the law of process and Organization and in the general regulation of the Court of Auditors. Article 48 Annual Report and duties of information 1-The professional public associations shall draw up an annual report on the performance of its duties, which must be presented to Parliament and the Government, up to 31 March each year. 2-The public associations professionals provide to Parliament and the Government all the information that is requested in respect of the exercise of its powers. 3-The bastonários and the Presidents of the executive bodies shall correspond to the request of the competent parliamentary committees to provide information and clarification that these require. Article 49 criminal proceedings The public associations professionals can become wizards in criminal proceedings related to the exercise of the profession who represent or with the performance of positions in your organs, except in the case of facts which involve disciplinary responsibility.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 43 CHAPTER VII supplementary provisions, transitional and final provisions article 50 1-installation to the committees, the inauguration of the new public associations professionals, the respective statutes provide for a period of up to one year, the existence of commissions, which shall be responsible for installation the practice of acts necessary for the election of the representative Assembly and final installation of those organs. 2-the members of the committees installers, one being the President, are appointed by the Member of the Government shall exercise the powers of guardianship on the professional public association, after hearing the interested associations. Article 51 Professional Attributes certification system with the citizen card 1-public professional associations must provide to their members electronic quality certification mechanisms, as well as the respective professional qualifications. 2-the professional attributes certification referred to in the preceding paragraph may be made with electronic interaction between the system of certification of Professional Attributes with the citizen card and systems maintained and managed by public professional association. 3-professional public association, whenever you opt for a separate system of Professional Attributes certification system with the citizen card, indicated in the preceding paragraph, shall, together with the Agency for administrative modernisation, I.P., a cost-benefit analysis of the system adopted in relation to the Certification System of Professional Attributes with the citizen card.

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4-where it is not possible to comply with the provisions of paragraph 1, for reasons of unavailability of electronic platforms, as well as in cases where the person concerned does not have the means to access the same, evidence of the quality of associated and respective professional qualifications can be made through other means provided for in the respective statutes or regulations issued by the professional public. Article 52 1 Two-the constant norms of this Act prevail over the legal or statutory standards to the contrary. 2-the provisions of this law shall be without prejudice to the special schemes provided for in directives or European regulations or in international conventions applicable to the professions governed by public professional associations. Article 53 1-transitional and final Rules the arrangement provided for in this law shall apply to public associations professionals already established and in process of creation. 2-public professional associations already established should adopt the necessary measures to comply with the provisions of this law. 3-within 30 days of the first working day following the publication of this Act, each public professional association ever created is obliged to submit to the Government a draft amendment of the respective statutes and other legislation applicable to the exercise of the profession, the suit to the arrangements provided for in this Act.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 45 4-for the purposes of the preceding paragraph and regardless of the rules laid down in the law of creation of each public or professional association in the respective statutes, the elaboration, approval and submission to the Government of the said project, exclusively, to the collegiate executive body. 5-within 90 days from the first working day following the publication of this law, the Government presents to Parliament amendments to the statutes of public associations professionals already created that are necessary for its adaptation to the system provided for in this Act. 6-non-compliance with the provisions of paragraphs 2 to 4 determines the irrelevance of the rules of the Statute of the public associations professionals who do not comply with the provisions of this law, being directly applicable in this regime consecrated. 7-pursuant to article 6, public professional associations must, within one year after the entry into force of this Act, cease all business activities are outside the respective purposes and assignments, including ending all establishments that exploit and alienating all the shares which they hold in business entities with different object of their assignments. 8-In the event of non-compliance with the provisions of the preceding paragraph, the Member of the Government shall exercise the powers of guardianship pursuant to paragraph 3 of article 45 could determine the imposition of a periodic penalty payment, fixed according to criteria of reasonableness and proportionality, and the amount of reverts to the State. 9-the daily amount of the penalty payment can be set between € 500 and € 100 000, earned value may not exceed the amount of € 3 000 000 or the maximum duration of 30 days.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 87/XII/1st 46 article 54 set Standard is revoked the law No. 6/2008 of 13 February. Article 55 entry into force Without prejudice to the provisions of paragraphs 3 and 5 of article 53, the present law shall enter into force 30 days after its publication.

Seen and approved by the Council of Ministers of 18 July 2012 the Prime Minister Deputy Minister and Parliamentary Affairs

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