CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 87 /XII/1.

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PL 172/2012

2012.07.18

Exhibition of Motives

The present diploma aims to institute a general legal regime applicable to all associations

public professionals with the aim of promoting self-regulation and decentralization

administrative, with respect for the principles of harmonization and transparency.

The Constitution of the Portuguese Republic recognizes to professional public associations

autonomy and administrative decentralization to ensure, on the one hand, defence and

safeguarding of the public interest and fundamental rights of citizens and, on the other

side, the autoregulation of professions whose exercise requires technical independence.

Additionally, it establishes the Constitution of the Portuguese Republic that the associations

public professionals can only be constituted for the satisfaction of needs

specific, they cannot exercise own functions of the trade union associations and are gifted

of an internal organization based on the respect of the rights of its members and the

democratic formation of their organs.

Considering the unitary nature of the constitutional underpinnings and the need for

eliminate differentiated rules between professional public associations, it is shown to be appropriate

establish a harmonizing legal framework that defines the aspets related to the

establishment of new professional associations and to establish the general rules of organization and

operation of all professional public associations, with full respect for the

constitutionally enshrined fundamental rights.

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In addition to the constitutional framework, it should be noted that by virtue of the Memorandum

of Understanding on Economic Policy Conditionals, signed in 17 of

may 2011, the Portuguese State has taken on a set of commitments before the Union

European, the European Central Bank and the International Monetary Fund, specifically

with respect to professional qualifications and regulated professions. The State

Portuguese must thus carry out the necessary measures to improve the functioning of the

sector of the regulated professions, specifically with regard to the

recognition of professional qualifications, the removal of restrictions on the use of

commercial communication (advertising) and the elimination of the requirements for access and exercise of

regulated occupations that do not show justified or proportional.

In this sense, it is primarily important to supplement the scheme approved by the Act

n ° 9/2009 of March 4, which transposed into the internal legal order the Directive

n. 2005 /36/CE of the Parliament and of the Council of September 7, 2005 on the

recognition of professional qualifications, and Directive No 2006 /100/CE, of the

Council, of November 20, 2006, which adapts certain directives in the field of

free movement of persons by virtue of the accession of Bulgaria and Romania, establishing

the applicable regime, in the national territory, to the recognition of professional qualifications

acquired in another Member State of the European Union by national member state

who intends to exercise, as an independent worker or as a subordinate worker,

a profession regulated by professional public association not covered by scheme

specific.

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Second, it is necessary to appropriate the professional public associations and the

occupations by those regulated to the scheme provided for in the Decree-Law No. 92/2010, of 26 of

July, which transposed Directive No 2006 /123/CE, of the European Parliament and of the Council,

of December 12, 2006, concerning services in the internal market, which established the

principles and criteria that should be observed by access and exercise regimes

of service activity in the European Union. These changes aim to facilitate the exercise of the

fundamental freedoms of establishment and free provision of services, ensuring

simultaneously to consumers and the beneficiaries of the services covered a greater

transparency and information, providing them with a wider, diversified and a

top quality.

Third, it is justified to expressly enshrine applicability to the associations

public professionals and the professions by these regulated regimen in the Decree-Law

n ° 7/2004 of January 7, as amended by Decree-Law No. 62/2009 of March 10, which

transposed to the internal legal order to Directive No 2000 /31/CE of the European Parliament

and of the Council of June 8, 2000 on certain legal aspements of the services of the

information society, in particular of the electronic trade, in the domestic market. That one

decree-law has made the imposition of national requirements on service providers

established in other Member States of the truly excecional European Union.

By the exposed, an in-depth review of the scheme proved to be appropriate and necessary

legal for the creation, organization and operation of new public associations

professionals, approved by Law No 6/2008, of February 13.

It was recalled that, in the genesis of this law was found to be the recognition of the need for

create a framework regime for the new professional public associations. Check it out,

however, that the same contains a set of standards which, with benefit to the

citizens and for professionals, it should be extended to all public associations

professionals.

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Proposal for Law No. 87 /XII/1.

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It should also be pointed out that the legal regime of professional public associations must

always articulate themselves with the system of rights, freedoms and guarantees fixed in the Constitution,

in particular, with the right to freely choose the profession or the gender of work, the

which presides over the access and exercise of the profession. These two strands of that right

fundamental should be guaranteed against administrative intromissions or against norms

disproportionate and the restrictions on access to the profession must be justified by a

public interest superior to the invocation of the restrictions on the exercise of the profession.

The Government has promoted a public consultation on the antedesign of this diploma on the

what have been pronounced professional public associations and other entities, having been

taken into account in the solutions proposed in this diploma the contributions then

received.

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:

CHAPTER I

General provisions

Article 1.

Object

This Law establishes the legal regime for the creation, organization and operation of the

professional public associations.

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Article 2.

Professional public associations

For the purposes of this Law, professional public associations are deemed to be the entities

public associative structure representative of occupations that should be subject,

cumulatively, to the control of respect for access and exercise, to the elaboration of standards

techniques and principles and specific deontological rules and to a disciplinary regime

autonomous, by the imperative of tutelage of the public interest pursued.

Article 3.

Constitution

1-A The constitution of professional public associations is excecional, and may only have

place when:

a) To aim at the tutelage of a public interest of special relief that the State cannot

ensure directly;

b) It is appropriate, necessary and proportionate to tutelise the legal goods to be protected;

and

c) Respect only to occupations subject to the requirements provided for in the previous article.

2-A The constitution of new professional public associations is always preceded by the

following procedures:

a) Presentation of study, drawn up by entity of independence and merit

recognized, on the requirements referred to in the previous article and compliance

of the requirements set out in the preceding paragraph, as well as on their impact on the

regulation of the profession in question;

b) Hearing of 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 projects

of diploma in creation and of statutes of the professional public association,

accompanied by the study referred to in para. a ).

3-A each regulated profession corresponds only to a single public association

professional, and may this represent more than one profession, as long as they have

a common basis of a technical or scientific nature.

Article 4.

Nature and legal regime

1-Professional public associations are collective people of public law and are

subject to a public law regime in the performance of their assignments.

2-In all that is not regulated in this Law and in the respect of the law of creation, well

as in their bylaws, they are subsidarily applicable to public associations

professionals:

a) With regard to their assignments and the exercise of the public powers which

are conferred, the Code of Administrative Procedure, with the necessary

adaptations, and the general principles of administrative law;

b) With respect to its internal organisation, the standards and principles governing the

private law associations.

Article 5.

Attributions

1-Are assignments of the professional public associations, under the law:

a) The defence of the general interests of the recipients of the services;

b) The representation and defence of the general interests of the profession;

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c) The regulation of access and exercise of the profession;

d) The granting, in exclusive, of the professional titles of the professions that

represent;

e) The concession, when there are, of the professional specialty titles;

f) The award, when there are, of prizes or honorific titles;

g) The elaboration and updating of the professional register;

h) The exercise of disciplinary power over its members;

i) The provision of services to its members, in respect of the financial year

professional, specifically in relation to information and training

professional;

j) The collaboration with the other entities of the Public Administration in the

pursuit of purposes of public interest related to the profession;

k) The participation in the drafting of legislation that concerns access and

exercise of the respects occupations;

l) The participation in the official accreditation processes and the evaluation of the courses

that give access to the profession;

m) The recognition of professional qualifications obtained outside the territory

national, in the terms of law, European regulation or convention

international;

n) Any others that are committed to them by law.

2-Professional public associations are prevented from exercising or participating in

activities of a trade union nature or that relate to the regulation of relations

economic or professional of its members.

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3-Professional public associations cannot establish restrictions on the freedom of

profession that are not provided for in the law, nor infringes the rules of competition in the

provision of professional services, in the terms of national and Union rights

European.

4-For the purposes of the provisions of the preceding paragraph, and without prejudice to the respecting code

deontological, professional public associations cannot practice acts or approve

regulations that restrict the access and exercise of the profession.

Article 6.

Principle of specialty

1-Without prejudice to the observance of the principle of legality in the field of public management, and

unless expressly provided otherwise, the legal capacity of public associations

professionals covers the practice of all legal acts, the enjoyment of all rights and

the subjection to all the obligations necessary for the pursuit of the respect for the purposes and

attributions.

2-Professional public associations can neither pursue activities nor use the

your powers outside of your assignments nor dedicate your resources to purposes

several of those that have been legally committed to them.

Article 7.

Creation

1-Professional public associations are created by law.

2-The establishment diploma project of each professional public association must be

accompanied by a justifying note of the need for its constitution, in the terms

of Article 3, as well as the options that have been taken.

3-A The law of creation of each professional public association defines the essential aspements of the

its regime, namely:

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a) Denomination;

b) Occupations covered;

c) Purposes and assignments.

4-Professional public associations are created by indefinite time and can only be

extinct, fused or fissile under Article 3 and the preceding paragraphs.

Article 8.

Statutes

1-The bylaws of professional public associations are passed by law and must

regulate, inter alia, the following subjects:

a) Scope of acting, purposes and assignments;

b) Acquisition and loss of the quality of member;

c) Professional or other stages, provided for in special law, which are

justifiably necessary for the access and exercise of the profession;

d) Number of enrolment periods per year, in cases where it is planned to

realisation of professional internship or examination;

e) Category of members;

f) Rights and duties of members;

g) Internal organisation and competence of the organs;

h) Incompatibilities with respect to the exercise of associative positions;

i) Elections and respect for electoral process;

j) Principles and deontological rules;

k) Disciplinary procedure and respect for sanctions;

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l) Economic and financial regime, in particular relating to fixation, collection and

allocation of quotas;

m) Colleges of professional specialties, if any;

n) Regimes of incompatibilities and impediments concerning the exercise of the

profession, if any;

o) Recognition of professional qualifications obtained outside the territory

national, in the terms of law, European regulation or convention

international;

p) Provider of the recipients of the services, if any.

2-For the purposes of the items c) and d) of the preceding paragraph, the bylaws shall establish the

regime of the stage of access to the profession or, being the case, of the formative period

corresponding, inter alia, as to the following aspets:

a) Maximum duration of the internship, which may not exceed 18 months, from the

date of enrolment and including the possible stages of training and evaluation;

b) Rights and duties of the advisor or patron;

c) Rights and duties of the trainee;

d) Suspension and cessation regime of the internship;

e) Personal accident insurance;

f) Professional insurance.

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3-A organization of the eventual stages of training and evaluation of professional internships

referred to in the preceding paragraph shall be the sole responsibility of the public associations

respect professionals, save if the law defines the involvement of public entities in the

implementation or implementation procedures of the professional stage or regimes of

financing of public trainer entities and, being the case, involvement

of public employing entities in the realization of the internships.

4-In situations where the realization of the professional internship or the necessary process

formative should occur in public employing entities, the subjects referred to in the

points c) and d ) of paragraph 1 are regulated by decree-law.

Article 9.

Administrative autonomy

1-In the exercise of its public powers the professional public associations practise

the administrative acts necessary for the performance of their duties and approve the

regulations provided for in the Act and in the statute.

2-Thessaloniki the cases provided for in the law, the acts and regulations of the public associations

professionals are not subject to government approval.

Article 10.

Patrimonial and financial autonomy

1-Professional public associations dispose of own heritage and finance

own, as well as budgetary autonomy.

2-A The financial autonomy includes the power to fix, under the law, the value of:

a) Monthly or annual quota of its members;

b) Fees for the services provided, according to criteria of proportionality.

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Article 11.

Denominations

1-Professional public associations have the denomination "professional order" when

correspond to professions whose exercise is conditional on the prior obtaining of a

academic habilitation of undergraduate or higher and the denomination " chamber

professional " in the contrary case.

2-A The use of the denominations "professional order" and "professional chamber" as well as

of the appellation "College of professional specialty" is exclusive to the associations

public professionals or their bodies, respectively.

Article 12.

Cooperation with other entities

1-Professional public associations may constitute or participate in associations of

private law and cooperate with related, national or foreign entities, especially

within the framework of the European Union, the European Economic Area and the Community of

Portuguese Language Countries.

2-For better performance of your assignments, professional public associations

may establish cooperation agreements with other public or private entities,

national or foreign, re-salvaged the entities of a union or political nature.

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3-Professional public associations must still provide and request the associations

public professionals or competent administrative authorities of the other States-

members and the European Commission with mutual assistance and to take the necessary measures to

cooperate effectively, within the framework of procedures concerning service providers

already established in another Member State, pursuant to Articles 26 to 29 of the

Decree-Law No. 92/2010 of July 26, of Article 51 (2) of Law No 9/2009 of 4

of March, and of Article 19 (2) and (3) of Directive No 2000 /31/CE of the Parliament

European and of the Council of June 8, 2000 on certain legal aspements of the

services of the information society, in particular of the electronic commerce, on the market

internal, notably through the Internal Market Information System.

4-In relation to the recognition of professional qualifications, public associations

professionals exercise the powers provided for in Article 47 (9) and in paragraph 2 of the

Article 51 of Law No. 9/2009 of March 4, under the coordination of the entity that exercises

the assignments provided for in Article 52 of Law No 9/2009 of March 4.

CHAPTER II

Internal organization

Article 13.

Geographical scope

1-Professional public associations have a national scope.

2-Without prejudice to the provisions of the preceding paragraph, professional public associations

can understand regional and local structures, to which the pursuit of the

assignments of those in the respect of the territorial area under the statutes.

3-In the case provided for in the preceding paragraph, the status of each professional association

specifies which regional and local delegations in which they structure, as well as their

organization and competencies.

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4-Exceeds the controls which, for compelling reasons of public interest, should focus

direct and specifically on certain physical facilities, have national validity:

a) The administrative permissions granted by regional and local structures; and

b) The formalities of control practiced by professionals, by the societies of

professionals or by other associative organizations of professionals to provide

services on national territory in accordance with Article 37 (4) before

regional and local structures.

Article 14.

Professional specialty colleges

1-Whenever the law provides for the existence of professional specialties, the associations

corresponding professional public can organize-internally in colleges

of professional specialty, nationwide.

2-The statutes establish the organization and competences of the specialty colleges

professionals, and may provide for, for compelling reasons of public interest or inherent

to the very capacity of the people, the subjection to the period of internship or probation or the

examination achievement for the achievement of professional specialty title.

3-In cases where the qualification obtained in another Member State of the European Union or

of the European Economic Area concerns the exercise of comparable activities

to those exerted by the professionals specialized in national territory, the

procedure for recognition of specialized professional qualifications follows the

terms of Article 47 of Law No. 9/2009 of March 4.

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4-Where a specialty obtained in another Member State does not have

correspondence in Portugal and it is not possible to recognize the qualifications of the

professional in a global manner with recourse to countervailing measures, pursuant to the

point ( c) of Article 11 (1) of the Law No 9/2009 of March 4, access to

national specialties is governed by the provisions applicable to professionals whose

basic qualifications were obtained in national territory, without any discrimination,

following the terms of Article 47 of Law No. 9/2009 of March 4, only the

recognition of basic professional qualifications.

Article 15.

Organs

1-Professional public associations dispose of own organs and their organisation

internal is subject to the principle of separation of powers.

2-Constitutions compulsory organs of professional public associations:

a) A representative assembly, with general deliberative powers,

particularly in relation to the approval of the budget, the plan of activities,

and of projects to amend the statutes, of approval of regulations, of

quotas and fees or the creation of specialty colleges;

b) A collegial executive body, which exercises powers of direction and management,

particularly in administrative and financial matters as well as in regard to the

external representation of the interests of the association;

c) A supervisory body, which candles for the legality of the activity exercised by the

organs of the association and exercises powers of control, in particular in respect of

discipline;

d) A supervisory body for heritage and financial management, which includes a

official reviewer of accounts.

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3-The statutes of professional public associations may provide for the existence of a

president or bastonary, as the chairman of the executive body or as an organ

autonomous, with own competences, specifically of external representation of the

association.

4-Statutes may further predict the existence of other organs to deliberate on

issues of general character, as well as technical and advisory bodies.

5-The mandates of the holders of the bodies of the professional public associations cannot

be higher than four years, being renewable only for one time.

6-A The appellation of the organs is freely chosen by the status of each association

professional public, resourced the designation "bastonary", which is privative to the president

of the orders.

7-A representative assembly and the supervisory body of public associations

professionals are elected by universal, direct, secret and periodic suffrage.

8-A representative assembly is elected through the proportional representation system,

in the territorial circles defined in the bylaws, and may however include a

representation of regional structures, if they exist.

9-In the event of a direct election of the president or bastonary, the regime should be observed

provided for in the Constitution for the election of the President of the Republic, with the necessary

adaptations.

10-The supervisory body shall be independent in the performance of its duties, and may

include extraneous elements to the profession, up to a third of its composition.

11-Regional and local structures, if they exist, have as mandatory bodies to

assembly of professionals enrolled in the respective territorial circumscription and an organ

executive elected by that assembly.

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12-Permanent executive positions may be remunerated, pursuant to the

statutes or the regulation of the association.

Article 16.

Eligibility

1-Any professional member effective with enrollment in force and full exercise

of your rights can vote and be elected to the organs of the respective association.

2-Statutes may condition eligibility for the office of the president, of

bastonary or member of the organ with disciplinary competence for the verification of a

minimum exercise time of the profession, never exceeding 10 years.

3-A The designation of the members of the bodies of the professional public associations is not

subject to governmental approval.

Article 17.

Regulatory power

1-The regulations of professional public associations apply to their members and,

well thus, to the candidates for the exercise of the profession.

2-A The drafting of the Regulations follows the scheme provided for in the Code of Procedure

Administrative, including the provisions of the public consultation and the participation of the

interested, with due adaptations.

3-The regulations of professional public associations with external effectiveness are

published in the 2 th series of the Journal of the Republic , without prejudice to its publication in the journal

officer or on the association's electrolytic site.

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Article 18.

Disciplinary power

1-Professional public associations exercise, in the terms of the respective articles of association and

with respect, inter alia, for the rights of hearing and defence, the disciplinary power

about its members, enrolled in the terms of Articles 24, 25 and 37, as well as

on professionals in free provision of services, to the extent that the principles and

deontological rules are applicable to them, pursuant to Article 36 (2) and 6.

2-The bylaws of each professional public association enunciate the facts that

constitute disciplinary infraction as well as the applicable disciplinary sanctions.

3-The disciplinary sanctions for suspension and expulsion of the professional public association

are applicable only to the serious and very serious infractions practiced in the exercise of the

profession, may not have a origin in default by the member of the duty to pay

quotas or any other duty of pecuniary nature.

4-A The disciplinary sanction of expulsion shall apply when, taking into account the nature of the

profession, disciplinary infraction has put into question the life, physical integrity of the

people or be seriously injured by the honour or of the alheios or values of values

equivalents, without prejudice to the right to rehabilitation, in the terms of the respective statutes.

5-The exercise of the disciplinary functions of professional public associations is defined

on the respected statutes, competing, at least in the last instance, to the organ

provided for in paragraph c) of Article 15 (1).

6-In the missing cases, they are applicable, with the necessary adaptations, the standards

Proceedings provided for in the Disciplinary Status of Workers Who Exercise

Public functions.

7-The disciplinary procedure can be triggered:

a) By the governing bodies of the association;

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b) By the provider of the recipients of the services, when it exists;

c) By the Public Ministry.

Article 19.

Incompatibilities in the exercise of functions

1-The exercise of the executive, disciplinary and supervisory functions in organs of the

professional public associations is incompatible with each other.

2-The post of organ holder of the professional public associations is incompatible with the

exercise of any leadership roles in the civil service and with any other

function with which a manifest conflict of interest occurs.

3-A The rule provided for in the first part of the preceding paragraph may be exceptional, and

fundamentedly, waived by the statutes of the respective public association

professional.

Article 20.

Provider

1-Professional public associations can designate an independent personality

with the function of defending the interests of the recipients of professional services

provided by the members of those.

2-The provider of the recipients of the services is designated in the terms set out in the

statutes of the association and may not be impeached, save for serious lack in the exercise of the

their functions.

3-Compete to the provider analyzing the complaints made by the recipients of the services

and make recommendations, both for the resolution of these complaints, and in general for the

improvement of the performance of the association.

4-The post of provider may be remunerated, under the terms of the statutes or the

regulation of the association.

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5-In the case of being a member of the professional public association, the person designated for the

job of provider requires the suspension of its enrollment under the statutes or the

regulation of the association.

Article 21.

Internal referendum

1-The bylaws of professional public associations can provide for submission to

referendum, with binding or consultative character, upon deliberation of the assembly

representative, on issues of particular relevance to the association that fall into the

respects assignments.

2-They are compulsorily subjected to internal referendum the dissolution proposals of the

association.

3-Statutes of each professional public association may specify other issues

obligatorily submit the internal referendum.

4-A The holding of referendums is mandatorily preceded by the verification of your

legal or statutory compliance by the supervisory body set out in para. c ) of paragraph 1

of Article 15.

Article 22.

One-stop shop

1-All requests, communications and notifications or statements relating to the

organized profession in professional public association between the association and the

professional or society of professionals, with the exception of those relating to procedures

disciplars, are effected by electronic transmission of data, through the counter

single electronical of the services, accessible through the site in Internet of the respect

professional public association.

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2-A presentation of documents in simple form pursuant to the previous number

dispensing the consignment of the original, authentic, authenticated or certified documents,

without prejudice to the provisions of the provisions of a ) and c) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the

Decree-Law No. 92/2010 of July 26.

3-When it is not possible to comply with the provisions of paragraph 1, on grounds of

unavailability of the electrolytic platforms, as well as in cases where the

interested do not have means that will enable you to access them, the transmission

of the information in appreciation can be done by delivery on the services of the association

professional respect, per consignment by mail under registration, by fax or by

electro mail.

4-Are still applicable to the procedures that elapse between the association and the

professional or society of professionals the provisions of the points d ) and and ) of Article 5 and

in Article 7 (1) of the Decree-Law No 92/2010 of July 26.

Article 23.

Transparency

Without prejudice to the provisions of Article 6 (3) of the Decree-Law No 92/2010 of July 26,

and in Article 19 (4) of Directive No 2000 /31/CE, of the European Parliament and of the

Council of June 8, 2000 on certain legal aspements of the services of society

of information, in particular of the electronical trade, in the internal market, the associations

public professionals should make available to the general public, via the electronic site

of the association, at least, the following information:

a) Regime of access and exercise of the profession;

b) Principles and deontological rules and technical standards applicable to your

associates;

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c) Updated record of professional enrolled professional respects that behold, by the

less:

i) The name, the professional domicile and the number of wallet or ballot

professionals;

ii) The designation of the title and professional specialties;

iii) The situation of suspension or temporary interdiction of the exercise of the activity,

if it is the case.

d) Updated registration of professionals in free provision of services in the territory

national, which are deemed to be enrolled in accordance with Article 4 (2) of the Law

n ° 9/2009 of March 4, which shall behold, at least:

i) The name and professional domicile and, in case there is, the designation of the title

professional of origin and respect specialties;

ii) The identification of the professional public association in the member state of

origin, in which the professional finds himself enrolled;

iii) The situation of suspension or temporary interdiction of the exercise of the activity,

where appropriate;

iv) The information relating to the companies of professionals or other forms of

associative organization of professionals to provide services in the

State-member of origin, in case here you provide services in that capacity;

e) Updated registration of companies of professionals and other forms of

associative organization inscribed that includes, inter alia, the designation, the

seat, the enrolment number and the tax identification number or equivalent;

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f) Updated registration of the remaining providers of professional services referred to in

the final part of paragraph 2 of the following article, if there is the obligation to register, which

behold the respected name or designation and its domicile, head office or

main establishment;

g) Procedure for filing a complaint or complaints by the recipients

concerning the services provided by the professional in the scope of his

activity;

h) Offers of employment in the professional public association.

CHAPTER III

Access and exercise of the profession

Article 24.

Access and registration

1-Without prejudice to the provisions of Article 36, the exercise of an organized profession in

public professional association, be it individual title is in the form of society of

professionals or other associative organization of professionals under the terms of paragraph 4 of the

article 37, depends on prior enrollment as a member of that public association,

save if different regime is established in the law of creation of the association's respective.

2-A The law may extend the obligation of enrollment provided for in the preceding paragraph to all

professionals and societies of professionals or other associative organizations of

professionals to provide services in national territory pursuant to Article 37 (4)

and impose still an obligation to register in professional public association to the rest

professional service providers, established in national territory,

employers or subcontractors of qualified professionals, who involve the practice

of own acts of the profession concerned, save if those are covered by

another mandatory public register of sectoral scope.

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3-In case it is required, in the terms of the preceding paragraph, the registration of employers or

subcontractors of professionals who, not being skilled professionals, societies

of professionals or other associative organization of professionals to provide services in

national territory in accordance with Article 37 (4), they still provide services

professionals to third parties, can't the same assume character of permission

administrative nor its failure to determine the interdiction of the exercise of the

activity.

4-The requirements of which is dependent on permanent enrollment in professional public association

are taxactively fixed in the association's creation law or in the regulation law of the

profession.

5-For the purposes of the preceding paragraph, the definitive enrollment of professional depends only

of the entiarity of the legally required habilitation for the exercise of the profession and, case

are justifiably necessary for the exercise of this, for compelling reasons of

public interest or inherent in the people's own capacity, the fulfilment of

any of the following requirements:

a) Verification of professional abilities by subjecting the professional stage or

other, provided for in special law;

b) Training and verification of knowledge concerning the deontological code of the

profession;

c) Achievement of final internship exam with the aim of evaluating the

knowledge and skills required for the practice of acts of

public trust.

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6-Without prejudice to Rule 33 (1), under no circumstances may the fixation be established

from numerus clausus on access to the profession, including any specialty, associated

or not to territorial restrictions depending on the population or geographical distances

between professionals or their societies and associative organizations, or accreditation,

by the professional public associations, from officially recognized courses.

7-Unless lawful provision to the contrary, the granting of administrative permissions for the

access to the profession, individually or in society of professionals or other

associative organization of professionals in accordance with Article 37 (4), is not

subject to the principle of tacit deferris, being however always applicable

provisions of the paragraph a) of Article 9 (2) of the Decree-Law No 92/2010 of July 26.

Article 25.

Inscription

1-Have a right to register with professional public associations all those who

they fulfil the legal requirements for access to the profession and desiring to exercise,

individually or in society of professionals.

2-In case of application of punishment that has as effect the definitive interdiction of the

exercise of the profession, automatically cesses the enrollment in the public association

professional, without prejudice to the right to rehabilitation, in the terms of the respected statutes.

3-Without prejudice to the recognition scheme of qualifications obtained outside Portugal

per national of State-member of the European Union or the Economic Area

European, the requirements referred to in paragraph 1 shall not be discriminatory on the grounds of

nationality, place of residence or the professional domicile of a citizen of

Member State, not on the grounds of the nationality, place of constitution, seat or

lead administration in another state-member society of professionals or other

form of associative organisation of professionals, in accordance with Article 10 (1) of the

Decree-Law No 92/2010 of July 26, nor violate the provisions of the a) of paragraph 1 of the

article 11 of that decree-law.

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4-The provisions of the preceding paragraph shall be without prejudice to the imposition of specific requirements on the

professionals or their societies or associative organizations, directly

justified by objective criteria on the basis of the exercise of the public authority that the

exercise of the profession behaving, in the specific mission of public interest concerned or

on reasons of order, safety and public health, namely the need for

hold in national territory documentary file, the imposition of concerted acting

with professional established immediately on the national territory or the need

of indicating a domicile, own or of another professional, in national territory, to

receipt of citations and notifications, save when the law admits the citation and notification by

telecopy or electronic information system and such is expressly accepted by the

professional.

5-The imposition of the assumptions, requirements and conditions referred to in the above shall be prohibited

points b) a h) of Article 11 (1) of the Decree-Law No 92/2010 of July 26.

6-All restrictions on the access and exercise of a particular profession, including the

referring to professional qualifications, they must grounded in compelling reasons of

public interest, particularly given the specific mission of public interest

at cause, depending on the public authority that the exercise of the profession behaved, or

in reasons inherent in the person's own capacity.

Article 26.

Exercise of the profession in general

1-Without prejudice to the technical standards and the applicable principles and deontological rules, the

exercise of the profession must observe the principle of free competition, as well as the

rules of the defence of competition and protection against unfair competition.

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2-Without prejudice to the provisions of Article 33 (1), permission for access and exercise

of a profession organized in professional public association is granted by time

undetermined and can only lapse when they cease to check the assumptions, the

requirements or the conditions of which it depends on its concession, and may not be referred to

permission to be subject to any other term or condition.

3-Without prejudice to Rule 33 (1), no restrictions may be established

territorial or the number of establishments, impositions of minimum numbers of

workers or service providers, nor restrictions on fixing prices to

practice or impositions of services to be provided on par with the services contracted in the financial year

of a profession organized in professional public association.

4-Professional service providers, including the companies of professionals or

other forms of associative organization of professionals referred to in Article 4 (4)

37. and the remaining employers or subcontractors of professionals, shall be subject to the

requirements set out in Article 19 (1) and (20) and Articles 20 and 22 of the

Decree-Law No. 92/2010, of July 26, and still, with regard to services provided

by electronic means, to the provisions of Article 10 of the Decree-Law No. 7/2004, 7 of

January, as amended by Decree-Law No. 62/2009 of March 10.

5-The provisions of the preceding paragraph shall not apply to the services and bodies of the

direct and indirect administration of the State, Autonomous Regions and authorities

locals, nor to the remaining non-corporate public collective people.

Article 27.

Societies of professionals

1-Can be constituted of companies of professionals who have by main object the

exercise of occupations organized in a single professional public association, in

set or separately with the exercise of other professions or activities, provided that

is observed the regime of incompatibilities and applicable impediments.

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2-The societies of professionals constituted in Portugal may be civil societies or

assume any admissible legal form by law for the exercise of activities

commercials.

3-Can be partners, managers or administrators of the companies referred to in the number

previous people who do not possess the professional qualifications required for the

exercise of the professions organized in the professional public association respecting, saved

if, mindful of the statutes of the society, such a putting into question the reservation of activity

established pursuant to Rule 30, and shall, however, always be assured of the

compliance with the provisions of paragraph 1 and at least:

a) The majority of the social capital with voting rights belong to the professionals in

cause established in national territory, to societies of these professionals

constituted under national law or other forms of organisation

associative of equied professionals constituted in another member state of the

European Union or the European Economic Area, whose capital and rights of

vote falls majority-to the professionals concerned; and

b) One of the managers or administrators being a member of the public association

professional respect or, should enrollment be optional, comply with the requirements

of access to the profession on national territory.

4-restrictions may be established on the provisions of the preceding paragraphs by way of the

statutes of professional public associations, only on the grounds of exercise

of powers of public authority that the profession behaved or in compelling reasons of

public interest connected to the mission of public interest that the profession, in its

globality, proceed.

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Article 28.

Principles and deontological rules and technical standards

1-The exercise of organized profession in professional public association must respect the

compliance with the principles and rules of ethics and the applicable technical standards,

either the professional activity is exercised individually, in proper name or by

professional employee or subcontractor, either in the form of a society of

professionals provided for in the previous article or other associative organization of

professionals in accordance with Article 37 (4).

2-Without prejudice to the provisions of Article 34 (1), the exercise of the

professional activity in a legal subordination regime, nor required that the

employer is a qualified professional or society of professionals, as long as they are

observed principles and deontological rules and respect for technical autonomy and

scientific and by the guarantees conferred on practitioners by the respected statutes, and

complied with the provisions of Article 30 (2).

3-The employer, the beneficiary and the associates, managers or administrators of companies of

professionals who do not possess the professional qualifications required for the financial year

of the profession organized in professional public association must respect the

principles and deontological rules, technical and scientific autonomy and guarantees

conferred on professionals by the law and by the respected statutes.

Article 29.

Incompatibilities and impediments

The statutes may provide for rules regarding incompatibilities and impediments in the

exercise of the profession, as long as they respect the provisions of this Law and show themselves

proportional to the goal of ensuring independence, impartiality and integrity of the

profession and, should it be justified, the professional secret.

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Article 30.

Reservation of activity

1-Without prejudice to the provisions of the paragraph b) of Article 358 of the Criminal Code, the activities

professionals associated with each profession are reserved only when such result

expressly of the law, founded on compelling reasons of public interest, of agreement

with criteria of proportionality.

2-Professional services involving the practice of own acts of each profession and

are intended for third parties, even if provided in a legal subordination scheme, are

exclusively secured by legally-enabled professionals to practice

those acts.

3-The provisions of the preceding paragraph shall not apply to employees of the Services and

bodies of the direct and indirect administration of the State, the Autonomous Regions and the

local authorities, nor to the remaining non-corporate public collective, with

the exception of workers in the services and establishments that integrate the Service

National of Health.

Article 31.

Professional liability insurance

Without prejudice to the provisions of Article 38, the bylaws of professional public associations

may make the exercise of the profession of the underwriting of a compulsory insurance conditional on

professional civil liability or the provision of guarantee or equivalent instrument,

which should be appropriate to the nature and size of the risk, and only to the extent in

that the professional service presents direct and specific risk to the health or safety of the

recipient of the service or third party or for the financial security of the recipient of the

service.

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Article 32.

Advertising

1-Without prejudice to the provisions of the following article, standards may not be established that

impose an absolute ban on any of the modalities of relative advertising

the profession organised in professional public association.

2-restrictions may be imposed on advertising when such restrictions do not

are discriminatory, be justified by compelling reasons of public interest,

specifically to ensure respect for professional secrecy, and are in agreement

with criteria of proportionality.

3-It shall apply to professionals who provide services by electronically the willing us

articles 20 to 23 of the Decree-Law No. 7/2004 of January 7, amended by the Decree-Law

n. 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 professions that pursue, on the whole or in some of their acts and

activities, specific missions of public interest, or in the case of professions whose

overall of acts or activities has a direct and specific connection to the exercise of

powers of public authority, may be established, in respect of statutes,

requirements contrary to the provisions of Article 24 (6), paragraphs 2 a to 3 of Article 26,

n Article 28 (2) and in paragraph 1 of the preceding Article, provided that they show justified and

proportional, respectively, for compelling reasons of general interest connected to the

pursuit of the mission of public interest in question, or the exercise of those powers

of public authority.

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2-To national professionals of State-Member of the European Union or Space

European Economic Qualified outside Portugal for the exercise of 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, the schemes provided for in the European Union shall not apply

Decree-Law No. 7/2004 of January 7, as amended by Decree-Law No. 62/2009, of 10

of March, in Law No. 9/2009 of March 4, and in the Decree-Law No. 92/2010, 26 of

July, to the extent of that exercise of authority powers.

Article 34.

Rights of members

They are the rights of the members of the professional public associations:

a) Electing the bodies of the association and applying for the elections, re-salvaged the

inelegibilities established in law and statutes;

b) Participate in the activities of the association;

c) Benefit from the services provided by the association, without any

discrimination;

d) Others provided for in law and in the statute.

Article 35.

Duties of members

They are duties of the members of the professional public associations:

a) Participate in the life of the association;

b) Pay the quotas;

c) Contribute to the prestige of the association;

d) The remaining legal and statutory duties.

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CHAPTER IV

Free provision of services and freedom of establishment

Article 36.

Free provision of services

1-The legally established professional in State-Member of the European Union or of the

European Economic Area that develops activities comparable to the activities of

profession organised in Portugal in professional public association can exercise them,

occasional and sporadic form, on national territory, pursuant to the Act

n ° 9/2009 of March 4, in particular the provisions of its Chapters II and IV.

2-The professional referred to in the preceding paragraph shall still apply to the provisions of paragraph 6 of the

article 24, in Article 25 (4) and (5), in Article 26 (2) and in the

article 30, the constant prohibition of points b) and d) a h) of Article 11 (1) of the

Decree-Law No. 92/2010 of July 26, and still legal or regulatory standards

relating to professional conduct, pursuant to Article 3 (2) of Law No 9/2009, of

March 4.

3-The professional who pays services, in a subordinate or autonomous manner or in quality

of a partner or who atue as a manager or administrator in the home member state, at the

scope of society of professionals or other form of associative organization of

professionals and intend to exercise their professional activity on national territory in that

quality, in regime of free provision of services, must identify the society or the

associative organization, on account of which it provides services, in the declaration or in the

application referred to in Articles 5 and 6 of Law No 9/2009 of March 4,

respects, with no need for the society or associative organization to be a holder

of any administrative permission nor to be entered or registered in the association

professional public concerned.

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4-The remaining requirements applicable to the professional in free provision of services in

national territory must be specified by law and be substantiated in reasons

imperious public order, public health, public safety and protection of the environment,

on compelling reasons connected to the specific mission of public interest that the profession,

as a whole, proceed as a service of general economic interest, in the

exercise of powers of public authority that the exercise of the profession behaved or

in reasons inherent in the person's own capacity.

5-The provisions of paragraphs 2 and 4 shall apply to the free provision of services by mail, telephone or

telecopy or through any other means of non-electronical rendering at a distance.

6-The requirements applicable to professionals or their associative organizations

legally established in another Member State of the European Union or Space

European Economic shall provide services for the national territory by means of

electro trade, must appear in law and be substantiated on compelling reasons

of public order, public health, public safety and consumer protection, in the

exercise of powers of public authority that the exercise of the profession behaved or

in reasons inherent in the person's own capacity.

7-Applies still to the regime of free provision of professional services organised in

Portugal in professional public association the provisions of Art. 19 (3) of the

Decree-Law No. 92/2010 of July 26.

Article 37.

Right of establishment

1-The recognition of professional qualifications acquired in another Member State

of the European Union or of the European Economic Area by national of

Member State shall be governed by Law No. 9/2009 of March 4.

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2-Without prejudice to the establishment of conditions of reciprocity, the recognition of

qualifications obtained outside of the European Union by national member state of the

European Union or the European Economic Area or equated is regulated by the Law

n. 9/2009, of March 4.

3-Can they still register in the professional public associations the nationals of

Third States, under conditions of reciprocity, as long as they obtain the

recognition of the necessary qualifications, under the law in force.

4-Professional practitioners established in Portugal who provide services in a subordinate manner

or autonomous or in the quality of a partner or who act as managers or

administrators in the scope of society of professionals or other form of

associative organization of professionals to operate in another state can only provide

services in a customary manner on national territory in that quality if the organisation

in the cause establishes itself, itself, in Portugal, by the main or secondary title,

particularly by the constitution of a society of professionals, when legally

permissible under Article 27, or by the constitution of representation

permanent, under the terms of the commercial law, whenever the organization complies, it

own, the provisions of Article 27 (3) and (4) duly adapted.

5-Professional practitioners established in Portugal who belong to the society of professionals

or other form of associative organisation of professionals operating in another state

they shall inform the professional public association of that fact, by identifying the

organization concerned.

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Article 38.

Professional liability insurance

1-It cannot be imposed on a professional service provider established in another

Member State of the European Union or of the European Economic Area to be subscribed

of a professional liability insurance by the activity developed in territory

national if the same has such activity, in whole or in part, covered by insurance,

warranty or equivalent instrument subscribed to or provided in the Member State where to

find established.

2-In case the insurance, guarantee or equivalent instrument subscribed to in another State-

member partially covers the risks arising from the activity, the service provider

should complement it in such a way as to cover the uncovered elements or risks.

3-For the purposes of the provisions of the preceding paragraphs, the professional shall deliver to the

public professional association the respect certificate issued by credit institution or

insurance company established in any other Member State, to which it is title

quite a lot for the demonstration of the fulfilment of the activity coverage requirement

by insurance or equivalent guarantee subscribed to or provided in the Member State where if

find established.

Article 39.

Communication of access and exercise requirements and restrictive measures

1-The Ministry of Foreign Affairs, when requested by the ministry's sectoral ministry

competent, communicates to the European Commission, pursuant to the applicable law, to

creation or alteration of access and exercise requirements applicable to professionals

coming from another member state of the European Union or the Economic Area

Europeans who exercise in Portugal activity of organized profession in association

professional public, namely:

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a) Requirements provided for in points i) a q ) of Article 11 (1) of the Decree-Law

n ° 92/2010 of July 26 applicable to professionals established in

national territory, which does not result from European legislation, according to the

Provisions of Article 15 (7) of Directive No 2006 /123/CE of Parliament

European and of the Council of December 12, 2006 on services in the

internal market;

b) Requirements applicable to professionals in free provision of services in territory

national that does not result from European legislation, in accordance with the provisions of the

n Article 39 (5) of the directive referred to in the preceding paragraph;

c) Requirements exclusively applicable to professionals who provide services by

via electronica, in accordance with the provisions of Directive No 98 /34/CE, of the

European Parliament and of the Council of June 22, 1998 on a

information procedure in the field of standards and regulations

techniques and rules relating to the services of the information society;

d) Requirements for providers in free provision of services by way of

electro, which do not result from European legislation nor should they be

communicated in the terms of the preceding paragraph, in accordance with the provisions of the

n. paragraphs 4 a to 6 of Article 3 of Directive No 2000 /31/CE of the European Parliament and

of the Council of June 8, 2000 on certain legal aspements of the

services of the information society, in particular of the electronic commerce, in the

internal market.

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2-The restrictive measures of the free provision of services of professionals from

another state-member of the European Union or the European Economic Area, which

exercise in Portugal activity of organized profession in public association

professional, are taken and communicated to the Commission and the State-member of

establishment of the professional concerned, under the applicable law,

notably from Article 28 of the Decree-Law No. 92/2010 of July 26 or of the

articles 7 to 9 of the Decree-Law No. 7/2004 of January 7, amended by the Decree-Law

n. 62/2009, of March 10.

Article 40.

European professional portfolio

Professional public associations can establish forms of collaboration or

cooperation with other foreign entities that aim to facilitate and encourage mobility

of the professionals, particularly through the issuance, validation and use of the portfolio

European professional.

CHAPTER V

Labour, financial and tax regime

Article 41.

Personnel

1-The workers of the professional public associations shall apply for the arrangements provided for

in the Labour Code and the provisions of the following numbers.

2-A contract celebration of work must be preceded by a selection process that

comply with the principles of equality, transparency, advertising and the

rationale based on objective selection criteria.

3-The rules to which you must obey the selection process are mandatorily listed

own statutes or the internal regulations of professional public associations.

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Article 42.

Budget, financial management and public procurement

1-Professional public associations have own budget, proposed by the body

executive and approved by the representative assembly.

2-Professional public associations are subject:

a) To the rules of budgetary balance and limitation of established indebtedness

in own diploma;

b) To the regime of the Code of Public Procurement;

c) To the regime of accounting normalization for sector entities not

lucrative (ESNL), which integrates the Accounting Normalization System.

3-The State does not guarantee the financial responsibilities of public associations

professionals, nor is it responsible for their debts.

Article 43.

Recipes

1-Are revenue from the professional public associations:

a) The quotas of its members;

b) The fees charged for the provision of services;

c) The incomes of the patrimony patrimony;

d) The product of heritages, legacies and donations;

e) Other revenue provided for in the law and in the statutes.

2-The State can only fund professional public associations when it comes to the

counterpart of determined services, established upon protocol and not

understood in your legal incumbencies.

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3-The deliberations on the setting of the quotas and the fees are approved by the assembly

representative, by an absolute majority, on a proposal from the executive body, and on the basis of a

study that properly properly the proposed amounts, observed the

substantive requirements set out in the general law on the fees and other contributions of the

Public Administration.

4-A collection of the credits resulting from the revenue provided for in points a) and b) of paragraph 1

follows the process of tax enforcement.

Article 44.

Services

1-Professional public associations set up operational and technical services

necessary for the performance of your assignments, without prejudice to the faculty of

externalization of tasks.

2-Professional public associations can establish cooperation agreements with the

inspection services of the Public Administration for the performance of the task of

monitoring of the performance of professional duties by its members.

3-Cooperation agreements may be established with the inspection services indicated

in the preceding paragraph, which aim to prevent the illegal exercise of the profession, inter alia

by whom do not gather the legally established qualifications.

CHAPTER VI

Tutelage, judicial control and accountability

Article 45.

Administrative tutelage

1-Professional public associations are not subject to oversight

government nor the tutelage of merit, resalvaged, as to this, the cases

specially provided for in the law.

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2-Professional public associations are subject to tutelage of legality identical to the

exercised by the Government on the territorial autonomous administration.

3-A The law of creation of each professional public association establishes which member of the

Government that exercises the powers of guardius over each professional public association.

4-Ressalved the provisions of the following number, the administrative tutelage on the associations

public professionals is of an inspection nature.

5-The regulations that versem on the professional stages, the professional evidence of

access to the profession and professional specialties only produce effects after

homologation of the tutelage respect, which considers itself given if there is no decision in

otherwise in the 90 days following that of your fearage.

6-It shall apply to professional public associations, with the necessary adaptations, the

provisions of Law No. 27/96 of August 1, as amended by the Organic Law No. 1/2011, of 30

of November.

Article 46.

Judicial control

1-The decisions of professional public associations practiced in the exercise of powers

public are subject to administrative litigation, pursuant to the laws of procedure

administrative.

2-Have legitimacy to impugt the legality of the acts and regulations of the associations

public professionals:

a) Those interested, in the terms of the laws of the administrative procedure;

b) The Public Ministry;

c) The member of the Government who exercises the powers of guardius on the respective

public professional association;

d) The ombudsman.

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Article 47.

Audit by the Court of Auditors

Professional public associations are subject to the jurisdiction of the Court of Auditors, in the

terms set out in the Organization and Process Act and the General Rules of the

Court of Auditors.

Article 48.

Annual report and information duties

1-Professional public associations annually draw up a report on the

performance of its assignments, which shall be submitted to the Assembly of the

Republic and the Government, until March 31 of each year.

2-Professional public associations provide to the Assembly of the Republic and the Government

all the information you are asked for in respect of the exercise of their

attributions.

3-The bastonaries and the chairpersons of the executive bodies shall correspond to the application

of the relevant parliamentary committees to provide the information and

clarifications that these will require.

Article 49.

Criminal procedure

Professional public associations may constitute assistants in the criminal proceedings

related to the exercise of the profession they represent or with the performance of

positions in your organs, save when you are dealing with facts involving liability

discipline.

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CHAPTER VII

Supplementary, transitional and final provisions

Article 50.

Installed commissions

1-Until the taking of possession of the organs of the new professional public associations, the

respects statutes must provide for, for the maximum period of one year, the existence of

installative commissions, to which it is incumbent on the practice of the acts necessary for the election of

representative assembly and to the definitive installation of those organs.

2-The members of the installers ' commissions, being one of them the president, are appointed

by the member of the Government who exercises the powers of guardian over the public association

professional, listened to the professional associations interested.

Article 51.

System of Certification of Professional Attributes with the Citizen Card

1-Professional public associations must provide their associates with mechanisms

electrolytic certification of the quality of associate, as well as of the respective titles

professionals assigned.

2-A certification of professional attributes predicted in the previous number can be effected

with electrochemical interaction between the Professional Attribute Certification System with

the Citizen Card and the systems maintained and managed by the public association

professional.

3-A professional public association, whenever it chooses a distinct system of the System

of Certification of Professional Attributes with the Citizen Card, indicated in the

previous number, must proceed, in conjunction with the Agency for Modernization

Administrative, I.P., to a cost-benefit analysis of the system adopted face to the System

of Certification of Professional Attributes with the Citizen Card.

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4-When it is not possible to comply with the provisions of paragraph 1, on grounds of

unavailability of the electrolytic platforms, as well as in cases where the

interested do not have means that will enable you to access them, the proof of

quality of associate and respect professional titles can be done through others

means provided for in the respects statutes or regulations issued by the association

professional public.

Article 52.

Imperativity

1-The standards set out in this Law shall prevail over legal or statutory standards

that counteract them.

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

regulated by professional public associations.

Article 53.

Transitional and final standards

1-The scheme provided for in this Law shall apply to professional public associations already

created and in the legislative process of creation.

2-The professional public associations already set up must adopt the necessary measures

for compliance with the provisions of this Law.

3-Within a maximum of 30 days from the first working day following that of the publication

of this Law, each professional public association already established shall be obliged to

present to the Government a draft amendment of the respected statutes and too much

legislation applicable to the exercise of the profession, which the adeqúe to the scheme provided for in the

present law.

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4-For the purposes of the preceding paragraph and regardless of the standards laid down in the law of

setting up of each professional public association or in the respective statutes, the

elaboration, approval and presentation to the Government of the said project competes, in

exclusive, to the collegiate executive body of that.

5-Within 90 days of the first working day following that of the publication of the

present law, the Government presents to the Assembly of the Republic the proposals of

amendment of the statutes of the professional public associations already created that are revealed

necessary for the purpose of adapting to the scheme provided for in this Law.

6-A failure to comply with the provisions of paragraphs 2 a to 4 determines the inapplicability of the standards

of the statutes of professional public associations that do not comply with the

provisions of this Law, being directly applicable to the scheme in this consecrated.

7-By virtue of the provisions of Article 6, professional public associations shall, in the

period of one year from the entry into force of this Law, cease all

business activities that extravags the purpose of respect and assignments, namely

shutting down all establishments that exploit and alienate all

participations that hold in commercial entities with diverse object of their

attributions.

8-In the event of non-compliance with the provisions of the preceding paragraph, the Member of the Government

which exercises the powers of guardius under Article 45 (3) may determine the

application of a compulsory financial penalty, fixed second criteria of

reasonableness and proportionality, and the amount of which reverts to the State.

9-The daily amount of the compulsory financial penalty can be set between € 500 and €

100000, may not the accumulated value surpass the amount of € 3000000 nor

the maximum duration of 30 days.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 87 /XII/1.

46

Article 54.

Abrogation standard

It is repealed the Act No 6/2008 of February 13.

Article 55.

Entry into force

Without prejudice to the provisions of Article 53 (3) and (5), this Law shall enter into force 30 days

after its publication.

Seen and approved in Council of Ministers of July 18, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs