Key Benefits:
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Proposal for Law No 104 /XII
Exhibition of Motives
The Government has been undertaking a set of initiatives of a legiferous nature
whose material assumptions arise from the opportunely stated goals in the
Green Document of the Local Administration Reform and the Resolution of the Council of
Ministers n. 40/2011, September 8.
It is conspicuous that the local administration is both tax and expressive of an effective living and
democratic maturity, recognizing the Government, in a vehemently manner, that the authorities
sites have constituted an essential vehicle in the field of policy decentralization and
of the economic and social development of populations in the light of the principles of
subsidiarity and the corresponding intangibility of attributions.
On the other hand, it matters to have due account that national cohesion and the
territorial competitiveness complain, inexorably, the enhancement and optimization of acting
of the public, morally of local authorities, according to a logic not only of
development, but also of improvement of the prestational activities involved, to which
will not be eluded the efficiency in the management and the affectation of public resources, always
scarce, while variables so often affected as a function of the acting scale of acting.
In such an assumption, the Government has carried out the pilot study on models of
skills, funding, governance, management and resource transfers
for inter-municipal communities (CIM), having as a reference the Community
Intermunicipal Alto Minho and the CIRA-Intercity Community of the Aveiro Region-
Low Vouga.
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Following the weighting on the results of the said pilot study, as well as the
discussion held within the framework of various initiatives, constitutes a predominant note to
confirmation of the premence in matching the current legal framework of the acting framing
of the authorities, as well as of CIM and metropolitan areas, which are intended to
pass on to integrate the conceptual notion of Intermunicipal Entities.
In the case of the municipal assignments, urge to enshrine in the ordinary law what
results from the letter of the Constitution of the Portuguese Republic, abandoning at a time
taxative enumeration-although mitigated by the mention of the principles of subsidiarity and the
decentralization-introduced in our legal order by Law No. 159/99, 14 of
September, pore only a system of "general clause" of municipal assignments is that
constitutes expression of the autonomy of local authorities and democratic decentralization,
taking on the principle of subsidiarity as an optimising criterion of the pursuit
of the purposes of public interest.
Destart, the Government understands that the law must enshrine as the allocation of the authorities everything
what concerns the promotion and safeguarding of the respective interests of the respective
populations, the same is worth the purpose of the inter-municipal entities, while entes
integrators of the various municipalities, option that constitutes one of the matrix elements of the
present proposed law.
However, it also urges to expedite the decision-making flows by conferring on the various organs
self-respecting powers compatible with respect nature.
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In what tange the freguessages, it matters to mention that the project comes to broaden the competencies of the
freguish joint, specifically with respect to: the promotion and execution of projects of
community intervention and social action initiatives; issuance of opinion on the
naming of the streets and squares of the localities and settlements; to the conservation, management and
cleaning of seaside resorts, lavadors and public toilets; management and maintenance of parks
infantile, chafarizes and fontanariums; placement and maintenance of toponymic plates;
conservation and repair of unilluminated vertical signalling installed on the municipal routes;
maintenance and conservation of pedonal pavements; to the prior control skills,
how to succeed in the case of car tiers, the walking sale of lotteries or
of the noisy activities of temporary character.
In what the inter-municipal entities concern (CIM and AM), the Government understands that
these entes must integrate the scope of this proposed law, from as soon as the function of the
its nature and also because its genesis is inextricably linked to municipalities
that integrate them.
In good truth, municipal cooperation takes on itself as one of the main vectors of the
territorial cohesion, with obvious repercussions on the quality of life of populations and
competitiveness of cities, which has led the Government to rethink the legal regime still in
vigour, so as to obtain normative solutions best suited to new challenges in the meantime
placed to the Country.
In this particular, it should be pointed out that the size of the inter-municipal constituencies
constitutes a real difficulty in the "sub-regional" domain mainly from the finding
that some of the inter-municipal entities do not have a suitable dimension today for the
pursuit of the respective assignments, particularly in what concerne the articulation with
the various municipalities whose activity involves an effective interdependence and correlation,
soon to be potentially generating synergies and "scale gains".
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In the face of such dissuitability-equally felt in the face of the parameters resulting from the
European legislation-, the present proposed law aims to ensure a dimension and scale
suitable for all inter-municipal entities, advocating that their creation, by
law, be subject to the verification of "minimum requirements".
Thus, any inter-municipal entity is intended to integrate at least five
municipalities, and the territorial circumscription should still be respected to cover a minimum of
90000 inhabitants.
Likewise, it wishes to strengthen the generic nature of the tasks of the entities
intermunicipal, regardless of the species ' respect, ensuring the realization of the
effective articulation with the municipalities.
Such an option, fruit of the constitutional framework and also of the strengthening of the cohesion of the
territory and territorial competitiveness, advises still to a careful change of the
nature of the organs and respect composition; everything so that, in the end, it can come out
effectively invigorated the intervention capacity of these in the various fields
where gains of scale or rationalization of the affectation of means may occur.
The metropolitan council / intercity council (AM or CIM, respectively) will be the
deliberative body of the intermunicipal entity, consisting of the chairpersons of the chambers
municipal of the municipalities that integrate it, the mandate of which will coincide with the taking of possession
as edil.
For his shift, the metropolitan executive board / intercity executive committee (AM
or CIM, respectively) will be the executive body of the inter-municipal entity, formed in the
sequence of an electoral process to be realized in the framework of an electoral college a
constitute from among the various municipal assemblies, which will be extinguished in the wake of the
election of the commission.
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The metropolitan executive committee shall be constituted by a first-secretary and by
four metropolitan secretaries, whereas the inter-municipal executive board will have
a first-secretary and two intermunicipal secretaries.
Still in the plan of the bodies of the inter-municipal entities, the introduction of
an organ of a consultative nature: the strategic council for development
metropolitan / intercity (AM or CIM, respectively), intended to support the
decision-making process of the organs of the inter-municipal entity.
However, the present proposal of law intends to acclaim, still, the introduction of a regime
legal framework of the transfer of competences to the authorities and entities
intermunicipal that the Government, in the light of the mentioned principles of subsidiarity and the
decentralization-and completed that stay the global weighting currently under way-,
intends to encourage as an expression of a new reorganization factor of the own
State.
The justification of such a legal regime becomes even more necessary from the finding that the
transfer of competences must be ensured in a paulatine and sustained manner,
acauteling the various procedures and materials that the present proposal
of law intends to enshrine in the letter of the law, so that the operationalization of the various
decentralization measures can find respalate in an orderly framework and
conformer of the initiatives, always under the cotejo provided by the principle of
intangibility of municipal and inter-municipal assignments.
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The present proposed law aims to introduce still a regulatory framework regime
of the delegations of competences to be operated by the various government departments in the
organs of local authorities and inter-municipal entities, as well as the organs of the
municipalities in the organs of freguesias and inter-municipal entities. For the purpose, they are
created various control mechanisms of the procedures that should lead to the
celebration of the corresponding contractualization of interadministrative nature, as well as
the rules regarding the formation, execution and extinction of the delegation contracts of
competencies, with particular emphasis on the introduction of rules that aim to acautelate the
effective observance of the principles of equality, non-discrimination, stability,
protection of the public interest, the continuity of the provision of public service and the
need and sufficiency of resources.
At this point, urge to atone for the innovation protagonised by the introduction of the figure of the
legal delegation of competences of the municipal chambers in the freighters ' joints, as, the
pair of the maintenance of the possibility of recourse to the general figure of the delegation contract of
skills, they will be considered delegated to the joints various competences, the
which, for a reason of practicability and caution, will continue to be ensured by the
municipal chambers as long as the competent implementing agreements are not heard.
The range of the competences of the municipal chambers delegated by law in the freighters ' joints
is significant and comprehensive, if well that guided by the principle of subsidiarity, in it if
understanding, specifically, the skills for the management and maintenance of spaces
green; the cleaning of the streets; the maintenance and replacement of urban furniture; the
maintenance of fairs and markets; the realization of small repairs in establishments
of preschool education and the first cycle of basic education; and for prior control and
monitoring in various areas such as, for example, with respect to use and
occupation of the public route, to the afixing of advertising, to the activity of exploitation of machines
of fun, the improvised precincts, the realisation of sporting spectacles and
divertiments on the public thorn, the activity of the nightguard, the holding of camps
occasional and the realization of bonfires and burnings.
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Finally, the proposal intends to discipline the municipal associativism tendant to the
pursuit of special purposes, qualifying the respective associations as persons
private law collectives, although subject to some particularities in the field of
applicable legal regime, with particular emphasis on the mandatory application of the
Code of Public Procurement and subjection to the legal regime of the administrative tutelage. The
which adds to the mandatory articulation of activity with the intermunicipal entities
whose territorial constituencies cover the territory of the associates.
The National Association of Portuguese Municipalities and the National Association were heard
of Freguesias.
Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic,
the self-governing bodies of the Autonomous Regions should be heard.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the republic the following proposal for law:
Article 1.
Object
1-A present law approves:
a) The legal regime of local authorities;
b) The status of intermunicipal entities;
c) The legal regime of the transfer of state competences to the authorities
places and for intermunicipal entities, as well as the delegation of
state competences in local authorities and in inter-municipal entities and
of the municipalities in the inter-municipal entities and in the freguesias.
d) The legal regime of municipal associativism.
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2-The legal regimes and the status referred to in the preceding paragraph shall be annexed in the annex
to this Act, of which it is an integral part.
Article 2.
Abrogation standard
1-Are revoked:
a) The Decree-Law No 78/84 of March 8;
b) The Law No. 159/99 of September 14, amended by the Decrees-Laws 7/2003,
of January 15, and 268/2003, of October 28, and by the Leis n. ºs 107-B/2003, of
December 31, 55-B/2004, December 30, 60-A/2005, from 30 of
December, 53-A/2006, December 29, 67-A/2007, December 31, 64-
A/2008, of December 31, 3-B/2010, of April 28, and 55-A/2010, of 31 of
December;
c) The Act No. 45/2008 of August 27;
d) The Law No. 46/2008 of August 27, amended by Law No. 55-A/2010, 31 of
december.
2-Are further revoked:
a) Articles 1 to 3, 10.-A, 13 to 16, the 16 c) a o) and and q) a s) of paragraph 1 and the
n. paragraphs 2 a to 6 of Article 17, Articles 18 to 20, Article 23 (1), 30 to 41,
46.-A, 49 to 52.-A, the points b ) a j) and m) a r) of paragraph 1 and n. paragraphs 2 a to 8 of the article
53. Articles 54 and 55, 62 to 74, 81 to 95, and 98 and 99 of Law No 169/99,
of September 18, as amended by the Leis n. ºs 5-A/2002 of January 11, and
67/2007, of December 31, and by the Organic Law No. 1/2011, of 30 of
November;
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b) Article 2 (1) of the Decree-Law No 310/2002 of December 18, amended
by the Decrees-Leis n. ºs 156/2004, June 30, 9/2007, January 17,
114/2008, of July 1, 48/2011, of April 1, and 204/2012, of August 29, at the
part in which he mentions the points b ), c) and f ) of Article 1 of the said diploma and
respect the activities provided for in Article 16 (3) of the schemes and status
approved in annex to this Law, as well as the corresponding provisions
of the said diploma contrary to the provisions of this Law;
c) Articles 2 to 7, 10, 13, 14, 103, 105, 105, and 177, 105 and 177 of the
Administrative Code.
Article 3.
Entry into force
1-Without prejudice to the provisions of the following number, this Law shall enter into force on the day
next to the holding of the general elections for the organs of local authorities
immediately subsequent to their publication.
2-Article 64 of the legal regimes and statute approved in annex to this Law enters
in force on the day following that of its publication.
Seen and approved in Council of Ministers of October 18, 2012
The Prime Minister
The Deputy Minister and Parliamentary Affairs
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ANNEX
(as referred to in Article 1 (2))
Title I
General provisions
Article 1.
Object
1-A This Law establishes:
a) The legal regime of local authorities;
b) The status of intermunicipal entities;
c) The legal regime of the transfer of state competences to the authorities
places and for intermunicipal entities, as well as the delegation of
state competences in local authorities and in inter-municipal entities and
of the municipalities in the inter-municipal entities and in the freguesias.
d) The legal regime of municipal associativism.
2-The standards set out in this Law shall be of imperative application and shall prevail over the
special standards currently in force, unless the contrary result
expressly of this Law.
Article 2.
Attributions
They constitute assignments of local authorities and inter-municipal entities to be promoted and
safeguarding of the own interests of the respective populations.
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Article 3.
Competencies
Local authorities and inter-municipal entities continue their respective assignments
through the exercise by the respected bodies of the legally provided powers,
specifically:
a) Advisory;
b) Of planning;
c) Of investment;
d) Of management;
e) Of licensing and prior control;
f) Of supervision.
Article 4.
General principles
The pursuit of assignments and the exercise of the competences of local authorities and of the
inter-municipal entities must comply with the principles of administrative decentralization,
of subsidiarity, of complementarity, of the pursuit of public interest and of the
protection of the rights and interests of citizens and the intangibility of the assignments of the
State.
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Title II
Local authorities
CHAPTER I
General provisions
Article 5.
Organs
1-The representative bodies of the freguesia are the assembly of freguesia and the joint of
freguesia.
2-The representative bodies of the municipality are the municipal assembly and the chamber
municipal.
Article 6.
Nature
1-A The assembly of the freguesia and the municipal assembly are the deliberative bodies,
respect, from the freguesia and the municipality.
2-A freguesia board and the city hall are the executive bodies, respectively, of the
freguesia and the municipality.
3-A The constitution, composition and organization of the organs of local authorities are regulated
in Law No. 169/99 of September 18 amended by the Leis n. ºs 5-A/2002, 11 of
January, and 67/2007, of December 31, and by the Organic Law No. 1/2011, of 30 of
november.
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CHAPTER II
Freguesia
SECTION I
Attributions
Article 7.
Assignments of the freguesia
They constitute attributions of the freguesia to the promotion and safeguarding of the interests of the
respects populations, in articulation with the municipality.
SECTION II
Assembly of freguesia
SUBSECTION I
Competencies
Article 8.
Nature of competences
Without prejudice to the remaining legal powers and in accordance with the provisions of Article 3, the
assembly of freguesia has the skills of appreciation and surveillance and the skills
of operation provided for in this Law.
Article 9.
Competencies of appreciation and surveillance
1-Compete to the assembly of freguesia, on proposal of the freguesia board:
a) Approve the plan's options and the budget proposal, as well as its
reviews;
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b) Appreciate the inventory of assets, rights and heritage obligations and the respect
assessment, as well as to appreciate and vote on the accountability documents;
c) Authorize the freguish board to borrow short-term loans and the
proceed to credit openings;
d) Approve the rates of the freesthesia and set the respect for value;
e) Authorize the acquisition, disposal or burdening of immovable property of superior value
to the limit set for the freguesia board and to define the general conditions,
may determine the appeal to the public hoisting;
f) Approve the external regulations;
g) Authorize the conclusion of delegation contracts of competences and agreements
of execution between the freguesia board and the municipal chamber, as well as the
respect for resolution and, in the case of delegation contracts of competences, the
your withdrawal;
h) Authorize the celebration of delegation protocols of administrative tasks
between the freguesia board and the residents ' organisations;
i) Authorize the celebration of protocols with public institutions, private individuals and
cooperatives that develop their activity in the territorial circumscription of the
freguesia, specifically when the equipment involved is
property of the freguesia and to safeguard its use by the community
location;
j) Authorizing the freguesia to establish forms of cooperation with entities
public or private;
k) Authorize the freguesia to constitute the associations provided for in Title V;
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l) Authorize the granting of financial support or of any other nature to the
institutions dedicated to the development of cultural, recreational activities and
sports lawfully constituted by the workers of the freguesia;
m) Approve the personnel map of the services of the freguesia;
n) Approve the creation and reorganization of the services of the freguesia;
o) Regulate the aphortation of cattle, in the respect of geographical area;
p) Establish, after appearing from the Heraldic Commission of the Association of the
Portuguese Archaeologists, the constitution of the crests, of the stamps and the flags
of the freguesia and its localities and stands and proceed to its publication in the
Journal of the Republic ;
q) Check the compliance of the requirements for the performance of duties to
full time or the half-time of the president of the freguish board;
r) Authorize the twinning of the freguesia with other freguesies.
2-Compete still to the freguish assembly:
a) Accept donations, legacies and inheritances the benefit of inventory;
b) To establish the general rules of administration of the heritage of the freguesia or
under its jurisdiction;
c) Deliberating on the administration of water resources that integrate the field
public of the freguesia;
d) Get to know and take a position on the definitive reports resulting from actions
tutelars or from audits performed on the activity of the organs and services of the
freguesia;
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e) Enjoy, in each of the ordinary sessions, a written information from the
chair of the freguish board about the activity of this and the financial situation
of the freguesia, to which must be sent to the chair of the assembly desk of
freguesia with the advance of five days on the start date of the session;
f) Discuss, following the request of any of the right holders of
opposition, the report referred to in the Statute of the Right of Opposition;
g) Approve local referendums;
h) To appreciate the refusal of the provision of any information or refusal of the delivery of
documents on the part of the freguesia board or any of its members
that shall prevent the realization of follow-up and supervisory actions;
i) Follow up and scrutinize the activity of the freguish joint;
j) Pronounting and deliberating on all matters that aim to pursue the
assignments of the freguesia;
k) Pronounting and deliberating on all matters with an interest to the freguessness,
on your initiative or after request from the freguesia board.
3-Cannot be changed in the freguish assembly the proposals put forward by the junta
of freguesia referred to in points a ), f) and m) of paragraph 1, nor the documents referred to in
point ( b ) of the same number, without prejudice to this power coming to host in new proposal
the recommendations or suggestions made by the assembly of freguesia.
Article 10.
Competencies of operation
1-Compete to the assembly of freguesia:
a) Elaborate and approve your regiment;
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b) Deliberating on interposed resources of the marking of unjustified flawed to the
your members;
c) Deliberating on the constitution of delegations, commissions or working groups
for the study of subjects related to the assignments of the freguesia and without
harm the functioning and normal activity of the freguish joint;
d) Soliciting and receiving information, through the table and at the request of any member,
on matters of interest to the freguesia and on the implementation of deliberations
previous.
2-In the exercise of the respective competences, the assembly of freguesia is supported, being
case, by workers of the services of the freguesia appointed by the junta
freguesia.
SUBSECTION II
Health
Article 11.
Ordinary sessions
1-A The freguish assembly convenes in four annual ordinary sessions, in April, June,
September and November or December, convened with a minimum advance notice of
eight days by edital and by letter with notice of prescription or protocol.
2-A The appreciation of the inventory of assets, rights and heritage obligations, the respect
assessment and the assessment and voting of the accountability documents of the year
previous must take place in the first session, and the approval of the plan and the
proposal to budget for the following year in the fourth session, save the provisions of the article
61.
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Article 12.
Extraordinary sessions
1-A assembly of freguesia gathers in extraordinary session on the initiative of the table or
after application:
a) From the president of the freesthesia board, in fulfillment of deliberation of this;
b) Of a third of its members;
c) From a number of citizen voters enrolled in the electoral census of the
freguesia equivalent to 30 times the number of elements that make up the
assembly of freguesia, when that number of citizen voters is equal
or less than 5000, or at 50 times, when it is superior.
2-The president of the freesthesia assembly, within five days after the initiative of the
table or the receiving of the required requirements in the preceding paragraph, by edital and by
letter with notice of recetion or protocol, convene the extraordinary session of the assembly
of freguesia.
3-A extraordinary session referred to in the preceding paragraph shall be held on time
minimum of three days and maximum of 10 days after your convocation.
4-When the president of the desk of the freguish assembly does not convot the session
extraordinary required, can the applicants convene it directly, observing,
with due adaptations, the provisions of paragraphs 2 and 3 and promoting the respect
publicitation at the usual locations.
Article 13.
Table of the freguish assembly
1-Compete at the table:
a) To draw up the agenda of the sessions and to carry out its distribution;
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b) Deliberating on the issues of interpretation and integration of gaps in the
regiment;
c) Forwarding, in accordance with the regiment, the initiatives of the members
of the assembly of freguesia and the freguish board;
d) Communicating to the assembly of freguesia the judicial decisions regarding the loss of
mandate in which it inruns any of its members;
e) Giving notice to the expedient's freguesia assembly concerning the
relevant subjects;
f) Proceed to the marking and justification of missing members of the assembly of
freguesia;
g) Exercise the functional powers and comply with the representations that are
determined by the assembly of freguesia;
h) Exercising the remaining legal skills.
2-The request for the justification of falters by the person concerned is made in writing and directed at the table,
within five days of the date of the session or meeting in which the lack is
verified, and the decision is notified to the person concerned, personally or by post.
3-From the deliberations of the table it is up to the plenary of the freguish assembly.
Article 14.
Competences of the President and the Secretaries
1-Compete to the president of the freguish assembly:
a) Represent the assembly of freguesia, ensure its smooth functioning and
presiding over their works;
b) Convene the ordinary and extraordinary sessions;
c) To draw up the agenda of the sessions and to carry out its distribution;
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d) Open and direct the proceedings by maintaining the discipline of the sessions;
e) To ensure compliance with the law and the regularity of deliberations;
f) Suspend and terminate sessions in advance, when circumstances
excecional the justices, upon reasoned decision to be included in the minutes of the
meeting;
g) Communicate to the freguesia board the tales of your president or the legal substitute
to the sessions of the freguish assembly;
h) Communicating to the Public Prosecutor's Office the unjustified fallings of the members of the
assembly of freguesia and the freguesia board, when in relevant number
for legal purposes;
i) Exercise the functional powers and comply with the representations that are
determined by the regiment or the assembly of freguesia;
j) Exercising the remaining legal skills.
2-Compete to the secretaries co-adjuvar the president of the freguish assembly in the exercise
of their duties, ensure the expedient and, in the lack of worker assigned to the
effect, wash the minutes of the sessions.
SECTION III
Joint of freguesia
SUBSECTION I
Competencies
Article 15.
Nature of competences
Without prejudice to the remaining legal powers and in accordance with the provisions of Article 3, the
freguish joint has the material skills and the operating skills
provided for in this Law.
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Article 16.
Material competences
1-Compete to the freguish joint:
a) Draw up and submit to the approval of the freguish assembly the options of the plan
and the proposal of the budget, as well as the revisions;
b) Carry out the plan's options and budget, as well as approve your
changes;
c) Acquire, divest or burden immovable property of value up to 220 times the remuneration
guaranteed monthly minimum (RMMG) in the freguesies up to 5000 voters, of value
up to 300 times RMMG in the freguesies with more than 5000 voters and less than
20000 voters, and of value up to 400 times the RMMG in the freguesies with more than
20000 voters;
d) Alienate in public hoisting, regardless of authorization from the assembly of
freguesia, immovable property of higher value than those referred to in the previous subparagraph, since
that the divestment decorates from the execution of the plan's options and the respect
deliberation has been approved by a two-thirds majority of the members of the
freguish assembly in effectivity of functions;
e) Elaborate and approve the internal control standard, as well as the inventory of the
goods, rights and patrimonial obligations of the freguesia and respect assessment, and
still the reporting documents, to be submitted to the assessment of the
assembly of freguesia;
f) Perform, by endeavor or direct administration, the works that build from the
options of the plan and have adequate budgetary allocation in the instruments of
predictive management approved by the assembly of freguesia;
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g) Approve urbanistic operations in real estate integrated in the heritage domain
deprived of the freguesia, in accordance with the prior opinion of the competent entities;
h) Elaborate and submit to the approval of the assembly of freguesia the projects of
external regulations of the freguesia, as well as passing internal regulations;
i) Discuss and prepare with the municipal chamber of delegation contracts of
competencies and implementing agreements, in the terms provided for in this Law;
j) Submit to the assembly of freguesia, for the purpose of authorisation, proposals for
celebration of delegation contracts of competences and agreements of
implementation, as well as of the resolution and, in the case of contracts of
delegation of competences, revocation;
k) Discuss and prepare with the organizations of residents protocols of delegation
of administrative tasks that do not involve the exercise of powers of
authority;
l) Submit to the assembly of freguesia, for the purpose of authorisation, proposals for
celebration of the delegatory protocols of administrative tasks provided for in the
previous point;
m) Discuss and prepare with public institutions, private individuals and cooperatives that
develop their activity in the territorial circumscription of the freguesia protocols
of collaboration, specifically when the respects equipment is
property of the freguesia and to safeguard its use by the community
location;
n) Submit to the assembly of freguesia, for the purpose of authorisation, proposals for
conclusion of the collaboration protocols referred to in the preceding paragraph;
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o) Deliberating on the forms of support for entities and bodies legally
existing, particularly with a view to the execution of works or the realization of
events of interest to the freguesia, as well as to the information and defence of the
rights of citizens;
p) Pronounce on construction and occupation projects of the public route,
where this is required by the city hall;
q) Participate, in the agreed terms with the city hall, in the process of
drafting of the municipal planning plans of the territory;
r) Collaborate, on the terms agreed with the city hall, in the public discussion
of the municipal plans for spatial planning;
s) Provide consultation with the stakeholders of municipal planning plans
of the territory;
t) Promote and execute community intervention projects in the areas of action
social, culture and sport;
u) Participate, in collaboration with private institutions of social solidarity,
in social action programs and initiatives;
v) Supporting activities of a social, cultural, educational, sporting, recreational nature
or another of interest for the freguesia;
w) Issue opinion on the denomination of streets and squares of the localities and of the
stands;
x) To provide other public entities with all the collaboration that is requested to it,
particularly in the fields of statistics and others in the interest of the population
of the freguesia;
y) Collaborate with the municipal civil protection authority on the imminence or
occurrence of serious accident or disaster;
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z) To promote the conservation of existing passenger shelters in the freguesia;
aa) Manage, conserve and promote the cleaning of seaside resorts, lavadors and toilets
public;
bb) Manage and maintain public playgrounds;
cc) To conserve and promote the repair of public fountains and phontans;
dd) Place and maintain the toponymic plates;
ee) Conserve and repair the unilluminated vertical signage installed in the tracks
municipal;
ff) Proceed to maintenance and conservation of paths, wasps and pavements
pedals;
gg) Grant land, in the cemeteries owned by the freguesia, to lay deposits,
mausoleums and perpetual graves;
hh) Manage, conserve and promote the cleaning of cemeteries owned by the
freguesia;
ii) Administer and conserve the heritage of the freguesia;
jj) Elaborate and keep up to date the enrollment of movable and immovable assets
property of the freguesia;
kk) Acquire and alienate movable property;
ll) Declare prescribed in favour of the freguesia, after publication of notices, the lay-deposits,
mausoleums or other works, as well as perpetual graves installed in the
cemeteries owned by the freguesia, when they are not known the
owners or in respect of which show that, after notification
judicial, it remains disinterested in its conservation and maintenance of form
unambiguous and enduring;
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mm) Provide cleaning and expedient material to schools of the 1 ° cycle of teaching
basic and preschoon education establishments;
nn) Carry out the registration and licensing of canids and kittens;
oo) Proceeding to the administration or use of baldiums whenever they do not exist
assemblies of compares;
pp) Perform, within the framework of the census commission, the operations of
electoral census, as well as performing the functions that are
determined by electoral laws and referendums;
qq) To whitewash terms of identity and administrative justification;
rr) Pass attested;
ss) Get to know and take a position on the definitive reports of tutelary actions or
of audits carried out in effect to the bodies or services of the freguesia;
tt) To comply with the Statute of the Right of Opposition;
uu) Deliberation on the constitution and participation in the associations provided for in the title
V;
vv) Refer to the Court of Auditors the accounts of the freguesia;
ww) Exercise the functional powers and comply with the representations that are
determined by the assembly of freguesia;
xx) Submit proposals to the freesthesia assembly on subjects of competence
of this.
2-Compete also at the freguesia board to proceed to the construction of the equipments
referred to in points z) the cc) of the previous number when the same ones are intended for
integrate the patrimony patrimony.
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3-Compete still to the freguesia board the licensing of the following activities:
a) Walking sale of lotteries;
b) Car arranger;
c) Noisy activities of temporary character that respect for popular parties,
romices, fairs, arraials and bailes.
4-A The alienation of goods and artistic values from the heritage of the freguesia is the object of
special legislation.
Article 17.
Delegation of competences in the chair of the freguish joint
1-A The freguish board can delegate its competences in the respect of the president, with
exception of those provided for in points a ), c ), and ), h ), j ), l ), n ), the ), p), q ), r ), v ), oo ), ss ), tt) and xx ) from the
n. 1 of the previous article.
2-To the revocation of the acts and to the appeal of the decisions of the president of the freguish board in the
exercise of delegated powers, is applicable, with due adaptations, the intended
in Article 34 (2) and (3).
Article 18.
Competences of the president of the freguish joint
1-Compete to the president of the freguish board:
a) Represent the freguesia in judgment and outside of it;
b) Elaborate the order of the day, convene, open and close the meetings of the joint
freguesia, directing the works and ensuring compliance with law and regularity
of the deliberations;
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c) Represent the freguesia board in the freguesy assembly and integrate the
municipal assembly of the municipality in whose territorial circumscription if
understands the territorial circumscription of the freguish respect, attending to the
sessions, unless of the fair impediment, being represented, in this case, by the
legal substitute per se designated;
d) Reply, within a maximum of 30 days, to requests for information
formulated by the members of the freguesia assembly through the respect
table;
e) Suspend or terminate meetings in advance, when circumstances
exceptional the justifying, upon reasoned decision to be included in the minutes of the
meeting;
f) Carry out the deliberations of the freguesia board and coordinate the respect of the activity;
g) Giving fulfillment to the deliberations of the freguish assembly, whenever for the
your implementation is necessary the intervention of the freguish board;
h) Authorize the realization of expenditure up to the limit stipulated by delegation of the
joint of freguesia;
i) Authorize the payment of the budgeted expenses, according to the
deliberations of the freguish board;
j) Submit the internal control standard, where applicable, as well as the
inventory of goods, rights and heritage obligations and respects assessment and
still the accountability documents, to the approval of the freguesia board
and to the appreciation and voting of the freguish assembly, with the exception of the norm of
internal control;
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k) Submit the prior visa of the Court of Auditors, pursuant to the law, the acts
practiced and the contracts entered into by the freguesia board, as well as
any other instruments that entail spending for the freguesia;
l) Sign up, on behalf of the freguesia board, all correspondence as well as the
terms, attestations and certificates of the competence of the same;
m) Collaborate with other entities in the field of civil protection with a view to the
compliance with the emergency plans and established programs,
specifically in relief operations and assistance in the imminence or
occurrence of serious accident or disaster;
n) Participate in the municipal security council;
o) Presiding over the local civil protection unit;
p) Determine the instruction of the counterordinate processes and proceed to the
application of the fines, with the faculty of delegation in any of the remaining
members of the freguish board;
q) Communicating to the assembly of freguesia the unjustified lines marked to the
members of the freguish board;
r) Give notice to the remaining members of the freguesia board and refer to the
assembly of freguesia copies of the definitive reports of tutelary actions or of
audits on the activity of the freguesia board and the services of the freguesia, in the
maximum period of 10 days after the receipt of them;
s) Promote the publication by edital of the assessment report provided for in the Staff Regulations
of the Right of Opposition;
t) Chairing the census committee of the freguesia;
u) To promote all necessary actions to the administration of the heritage of the
freguesia;
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v) Draw up and send to the assembly of freguesia the elements referred to in the e)
of Article 9 (2);
w) To inform the municipal chamber about the existence of degraded buildings or
that threatens to crumble and solicit the vistory respect;
x) Reply, within a maximum of 20 days, to requests for information
formulated by the census citizens in the freguesia on subjects in which
have an interest and that they are from the assignment of the freguesia or the competence of the
joint of freguesia;
y) Exercising the remaining legal and delegated powers, as well as exercising the
functional powers and comply with the representations that are determined by the
joint of freguesia.
2-Compete still to the president of the freguish board:
a) Decide on the exercise of duties in full-time or half-time arrangements
time, in the terms of the law;
b) Proceed to the distribution of functions by the remaining members of the joint
freguesia and designate your substitute in the situations of phalds and impediments.
3-A The distribution of functions implies the designation of the members to which the same
fit and shall provide for, in particular:
a) The elaboration of the minutes of the meetings of the freguesia board, in the lack of worker
appointed to the effect;
b) The certification, upon dispatch of the president of the freguesia board, of the
facts that build from the archives of the freguesia and, regardless of
dispatch, the contents of the minutes of the meetings of the freesthesia board;
c) The underwriting of the attestations that should be signed by the chairman of the board of
freguesia;
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d) The execution of the expedient of the freguish joint;
e) The revenue collection, the payment of the authorized expenses and the
writing of the accounting models of revenue and expenditure, on the basis of the
respects documents that are signed by the president of the freguish board.
Article 19.
Competencies of operation
It is incumbent on the freguish joint:
a) Carry out and ensure compliance with the deliberations of the freguish assembly;
b) Managing the services of the freguesia;
c) Carry out the marking of the flawings of its members and the justification;
d) To institute pleats and defend themselves in them, and may confess, give up or transigir, if
there is no offence of rights of third parties;
e) Managing human resources in the service of the freguesia.
SUBSECTION II
Health
Article 20.
Periodicity of meetings
1-A The freguish board gathers ordinarily once a month, or fortnightly, if the
judge convenient, and extraordinarily whenever necessary.
2-A The freguish board deliberates on the days and times of the ordinary meetings, and may
establish the right day and time for them, and in the latter case, to publish
editais, what dispensation other forms of convocation.
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Article 21.
Convocation of the ordinary meetings
1-In the absence of the deliberation referred to in paragraph 2 of the preceding Article, it shall compete with the President
of the freguish board mark the right day and time of the ordinary meetings and publicize the
decision in the terms and with the effects of the final part of the same number.
2-Any changes to the day and time marked in the terms of the preceding paragraph shall be
communicated to all members of the freguish board with at least three days of
in advance and by letter with notice of recetion or protocol.
Article 22.
Convocation of the extraordinary meetings
1-The extraordinary meetings can be convened at the initiative of the junta president
of freguesia or the requirement of the majority of its members, and may not, in this case,
be refused the convocation.
2-Extraordinary Meetings are convened with at least five days of
in advance, being communicated to all members of the freguesia board by edital and
by letter with notice of recetion or protocol.
3-The president of the freguesia board convenes the meeting for one of the eight days
subsequent to the recetion of the application provided for in paragraph 1.
4-When the president of the freesthesia board does not effectuate the convocation that has been
required under the terms of the previous number, may the applicants directly effectuate it,
observing, with due adaptations, the provisions of paragraphs 2 and 3 and promoting the
respects advertised in the usual locations.
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CHAPTER III
Municipality
SECTION I
Attributions
Article 23.
Tasks of the municipality
Constitutes the allocation of the municipality for the promotion and safeguarding of the interests of the
respects populations, in articulation with the freguesias.
SECTION II
Municipal assembly
SUBSECTION I
Competencies
Article 24.
Competencies
Without prejudice to the remaining legal powers and in accordance with the provisions of Article 3, the
municipal assembly has the skills of appreciation and surveillance and the skills
of operation provided for in this Law.
Article 25.
Competencies of appreciation and surveillance
1-Compete to the municipal assembly, on a proposal from the city hall:
a) Approve the plan's options and budget proposal, as well as the
respects revisions;
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b) Approve the municipality's fees and set the respect value, after appearing from the
metropolitan or intercity council, as the case may be;
c) Deliberating on the exercise of the municipality's tax powers, after
opinion of the metropolitan or intercity council, as the case may be;
d) Fix annually the value of the municipal tax rate on real estate, well
how to authorize the launch of spills, after advice from the board
metropolitan or intercity, as the case may be;
e) To comment, within the legal period, on the recognition by the Government of
tax benefits in the scope of taxes whose revenue reverses to the
municipalities, after opinion from the metropolitan or intercity council,
as the case;
f) Authorize the hiring of loans;
g) Approve the postures and regulations with external effectiveness of the municipality;
h) Approve the plans and too much strategic instruments needed by
pursuit of the tasks of the municipality;
i) Authorize the city hall to acquire, divest or burden immovable property of
value exceeding 1000 times the RMMG, and set the respects general conditions,
may determine the appeal to the public hoisting, as well as to divest or burden it
goods or artistic values of the municipality, regardless of its value, without
prejudice to the provisions of Article 33 (2);
j) Deliberating on forms of support for freguesias in the framework of promotion and
articulated safeguard of the own interests of the populations;
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k) Authorize the conclusion of delegation contracts of competences between the
city hall and the state and authorize the celebration and denunciation of contracts
of delegation of competences and of implementing agreements between the chamber
municipal and the freguish joints;
l) Authorize the resolution and revocation of the delegation contracts of competences
and the resolution of the implementing agreements;
m) Approve the creation or reorganization of municipal services and the structure
organic of the municipalized services;
n) Deliberating on the creation of municipalized services and all subjects
provided for in the legal regime of local business activity and shareholdings
places that the same does not ascribe to the city hall;
o) Approve the personnel maps of municipal services and services
municipalized;
p) Authorize the municipal chamber to enter into concession contracts and fix the
respects general conditions;
q) Deliberating on the affectation or disaffection of goods from the public domain
municipal;
r) Approve the standards, delimitations, measures and other acts provided for in the schemes
of spatial planning and urbanism;
s) Deliberating on the creation of the local council of education;
t) Authorize the twinning of the municipality with other municipalities or entities
equated from other countries;
u) Authorize the municipality to constitute the associations provided for in Title V;
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v) Authorize the boards of directors of the municipalized services to
to deliberate on the granting of financial support or of any other nature to
institutions legally constituted or participated by their employees,
having by object the development of cultural, recreational activities and
sports, or the granting of social benefits to the same and respect
family;
w) Deliberating on the creation and the institution in concrete of the police corps
municipal.
2-Compete still to the municipal assembly:
a) Follow up and scrutinise the activity of the city hall, services
municipalized, local companies and any other entities that
integrate the perimeter of the local administration;
b) Appreciate, on the basis of the information made available by the city hall, the
results of the municipality's participation in local companies and in any
other entities;
c) Enjoy, in each of the ordinary sessions, a written information from the
chairman of the city hall about the activity of this and the situation
financial of the municipality, to which must be sent to the President of the assembly
municipal with the minimum advance of five days on the date of the start of the
session;
d) Soliciting and receiving information, through the table and at the request of any group
municipal or member, in the event that this is not integrated in any group
municipal, on matters of interest to the municipality and on the execution of
previous deliberations;
e) Approve local referendums;
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f) To appreciate the refusal of the provision of any information or refusal of delivery
of documents by the city hall or any of its
members who are obstinating to carry out follow-up and supervisory actions;
g) Get to know and take a position on the definitive reports resulting from actions
tutelars or from audits performed on the activity of the organs and services of the
municipality;
h) Discuss, following the request of any of the right holders of
opposition, the report referred to in the Statute of the Right of Opposition;
i) To draw up and approve the regulation of the municipal security council;
j) Taking position before any organs of the State or public entities on
matters of interest to the municipality;
k) Pronounting and deliberating on all matters that aim to pursue the
attributions of the municipality;
l) Appreciate the inventory of assets, rights and heritage obligations and the respect
assessment, as well as to appreciate and vote on the accountability documents;
m) Set the annual holiday day of the municipality;
n) Establish, after appearing from the Heraldic Commission of the Association of the
Portuguese Archaeologists, the constitution of the crests, of the stamps and the flags
of the municipality and proceed to its publication in the Journal of the Republic .
3-It cannot be changed in the municipal assembly the proposals made by the
municipal chamber referred to in points a ), i ) and m ) of paragraph 1 and (1) l) of the number
previous, without prejudice to this power to come to host in new proposal the recommendations
or suggestions made by the assembly of freguesia.
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4-The proposals for authorization for the contracting of loans submitted by the
city hall, under the terms of the point f) of paragraph 1, are compulsorily accompanied
of detailed information on the proposed conditions by, at the minimum, three institutions
of credit, as well as the demonstrative map of the borrowing capacity of the
municipality.
Article 26.
Competencies of operation
1-Compete to the municipal assembly:
a) Elaborate and approve your regiment;
b) Deliberating on interposed appeals of unjustified phalps to the
your members;
c) Deliberating on the constitution of delegations, commissions or working groups
for the study of subjects related to the tasks of the municipality and without
harm the functioning and normal activity of the municipal chamber.
2-In the exercise of the respective competences, the municipal assembly is supported by
Employees of the municipality's services to be affected by the city hall, in the terms
of Article 31.
SUBSECTION II
Health
Article 27.
Ordinary sessions
1-A Municipal assembly meets in five annual ordinary sessions, in February, April,
June, September and November or December, convened with a minimum advance notice
of eight days per edital and by letter with acknowledgation of receipt or protocol.
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2-A The appreciation of the inventory of assets, rights and heritage obligations, the respect
assessment and the assessment and voting of the accountability documents of the year
previous should take place in the ordinary April session, and the approval of the plan's options
and of the budget proposal for the following year in the November session, save the
provisions of Article 61.
Article 28.
Extraordinary sessions
1-A Municipal assembly meets in extraordinary session on the initiative of its President,
of the table or after application:
a) Of the chairman of the municipal chamber, in fulfillment of this;
b) Of a third of its members;
c) From a number of citizen voters enrolled in the electoral census of the
Municipality equivalent to 30 times the number of elements that make up the
municipal assembly when that number of citizen voters is equal or
less than 10000 and 50 times when it is superior.
2-The chairman of the municipal assembly, within five days after his or her initiative
of the table or the recetion of the required requirements in the preceding paragraph, by edital and by
letter with notice of recetion or protocol, convene the extraordinary session of the assembly
municipal.
3-A extraordinary session referred to in the preceding paragraph shall be held on time
minimum of three days and maximum of 10 after your convocation.
4-When the chair of the municipal assembly desk does not convot the session
extraordinary required, can the applicants convene it directly, observing,
with due adaptations, the provisions of paragraphs 2 and 3, and promoting the respect
publicitation at the usual locations.
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Article 29.
Table of the municipal assembly
1-Compete at the table:
a) Elaborate the regiment project of the municipal assembly or propose to
constitution of a working group for the purpose;
b) Deliberating on the issues of interpretation and integration of gaps in the
regiment;
c) To draw up the agenda of the sessions and to carry out its distribution;
d) Check the legal compliance and admit the proposals of the city hall
legally subject to the deliberative competence of the municipal assembly;
e) Forwarding, in accordance with the regiment, the initiatives of the members
of the municipal assembly, the municipal groups and the city hall;
f) To ensure the final essay of deliberations;
g) Carry out the actions determined by you by the municipal assembly in the
exercise of the competence referred to in point (s) a) of Article 25 (2);
h) Forward to the municipal assembly the petitions and complaints addressed to the
same;
i) Apply for the city hall or its members for documentation and
information that you consider necessary for the exercise of the competences of the
municipal assembly, as well as the performance of their duties, in the
terms and with the periodicity judged to be convenient;
j) Proceed to the marking and justification of departing members of the assembly
municipal;
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k) Communicating to the municipal assembly the refusal of the provision of any
information or documents, as well as the lack of collaboration on the part of the
municipal chamber or its members;
l) Communicating to the municipal assembly the judicial decisions regarding the loss of
mandate in which it inruns any member;
m) Giving notice to the municipal assembly of the expedient on the subjects
relevant;
n) Exercise the functional powers and comply with the representations that are
determined by the municipal assembly;
o) Exercising the remaining legal skills.
2-The request for the justification of falters by the person concerned is made in writing and directed at the table,
within five days of the date of the session or meeting in which the lack is
verified, and the decision is notified to the person concerned, personally or by post.
3-Of the deliberations of the table of the municipal assembly rests with the plenary.
Article 30.
President and Secretaries
1-Compete to the president of the municipal assembly:
a) Represent the municipal assembly, ensure its smooth functioning and
presiding over their works;
b) Convene the ordinary and extraordinary sessions;
c) Open and end the proceedings of the sessions;
d) Drive the proceedings and maintain the discipline of the sessions;
e) To ensure compliance with the law and the regularity of deliberations;
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f) Suspend and terminate sessions in advance, when circumstances
excecional the justices, upon reasoned decision to be included in the minutes of the
session;
g) To integrate the municipal security council;
h) Communicating to the assembly of freguesia or the municipal chamber the fallers of the
joint chairpersons of freguesia and the mayor of the city hall at
sessions of the municipal assembly;
i) Communicating to the competent prosecutor's office the unjustified fallings of the
remaining members of the assembly, for the legal purposes;
j) Exercise the functional powers and comply with the representations that are
determined by the regiment or by the municipal assembly;
k) Exercising the remaining legal skills.
2-Compete still to the president of the municipal assembly authorize the realization of
budgeted expenses relating to presence passwords, cost aids and subsidies of
transport of the members of the municipal assembly and expenditure relating to the acquisitions
of current goods and services required for their regular operation and representation,
communicating the fact, for due legal effects, including the corresponding
administrative procedures, to the mayor of the city hall.
3-Compete to the Secretaries co-adjuvar the president of the municipal assembly in the exercise
of their duties, ensure the expedient and, in the lack of worker assigned to the
effect, wash the minutes of the sessions.
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Article 31.
Health
1-A The municipal assembly has a core of its own support, under guidance from the
respects President and composed of workers of the municipality, in the defined terms
by the table and to affect it by the city hall.
2-A Municipal assembly also has necessary facilities and equipment
to its functioning and representation, to be affected by the city hall.
3-In the municipal budget are entered, on a proposal from the table of the municipal assembly,
appropriations broken down into own items for payment of the presence passwords,
cost aid and transport subsidies of the members of the municipal assembly, well
as for the acquisition of the current goods and services necessary for its operation and
representation.
SECTION III
City chamber
SUBSECTION I
Competencies
Article 32.
Nature of competences
Without prejudice to the remaining legal powers and in accordance with the provisions of Article 3, the
city hall has the material skills and the operating skills
provided for in this Law.
Article 33.
Material competences
1-Compete to the city chamber:
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a) Draw up and submit to the approval of the municipal assembly the necessary plans
to the realization of the municipal tasks;
b) Participate, with other entities, in planning that directly relatise
with the tasks of the municipality, issuing opinion to submit the assessment and
deliberation of the municipal assembly;
c) Draw up and submit the approval of the municipal assembly the options of the plan and
the proposal of the budget, as well as the revisions;
d) Carry out the plan and budget options, as well as approve your
changes;
e) Set the prices of the provision of services to the public by municipal services
or municipalized, after opinion of the metropolitan or intercity council,
and without prejudice, where appropriate, of the legal powers of the entities
regulating;
f) Approve the projects, tender programs, charge notebooks and the
award for the employment and purchase of goods and services, whose authorisation of
expense kayba;
g) Acquire, divest or burden immovable property of value up to 1000 times the RMMG;
h) Alienate in public hoisting, regardless of authorization from the assembly
municipal, immovable property of higher value than referred to in the previous subparagraph, since
that the divestment decorates from the execution of the plan's options and the respect
deliberation has been approved by a two-thirds majority of the members of the
municipal assembly in effectivity of functions;
i) Elaborate and approve the internal control standard, as well as the inventory of the
goods, rights and patrimonial obligations of the municipality and respect assessment and
still the accountability documents, to be submitted to the assessment and vote
of the municipal assembly;
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j) Accept donations, legacies and inheritances the benefit of inventory;
k) Elaborate and submit to the approval of the municipal assembly the projects of
external regulations of the municipality, as well as passing regulations
internal;
l) Discuss and prepare with government departments and with the joints of
freguesia contracts of delegation of competences and implementing agreements, in the
terms provided for in this Law;
m) Submit to the municipal assembly, for the purpose of authorisation, proposals for
conclusion of delegation contracts of competences with the State and
proposals for the conclusion and denunciation of delegation contracts of competences
with the State and the freguish joints and of implementing agreements with the joints
of freguesia;
n) Submit to the municipal assembly, for the purpose of authorisation, proposals for
resolution and revocation of the contracts of delegation of competences and of the
implementing agreements;
o) Deliberating on the forms of support for entities and bodies legally
existing, particularly with a view to the execution of works or the realization of
events of interest to the municipality, as well as to the information and defence of the
rights of citizens;
p) Deliberating on the granting of financial support or any other nature
to institutions lawfully constituted or participated by the employees of the
municipality, with the object of the development of cultural activities,
recreational and sports, or the granting of social benefits to the same and
family respects;
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q) Ensuring the integration of gender perspetive in all areas of action
of the municipality, specifically through the adoption of municipal plans for the
equality;
r) Collaborate in support of programs and projects of municipal interest, in partnership
with entities of the central administration;
s) Deliberation on the constitution and participation in the associations provided for in the
title V;
t) Ensuring, including the possibility of constitution of partnerships, the
surveying, classification, administration, maintenance, recovery and
dissemination of the natural, cultural, landscaping and urban heritage of the
municipality, including the construction of monuments of municipal interest;
u) Supporting activities of a social, cultural, educational, sporting, recreational nature
or another of interest to the municipality, including those that contribute to the
promotion of health and prevention of diseases;
v) Participate in the provision of services and provide support to people in a situation of
vulnerability, in partnership with the competent entities of the administration
central and with private institutions of social solidarity, in the conditions
constants of municipal regulation;
w) Order, preceding survey, the full or partial demolition or the beneficiation of
constructions that threaten ruin or constitute danger to health or
security of people;
x) Issue licences, registrations and setting of contingents in respect of vehicles, in the
legally-provided cases;
y) Exercising prior control, specifically in the fields of construction,
reconstruction, conservation or demolition of buildings, as well as relatively
to the unsanitary, cumbersome, dangerous or toxic establishments;
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z) Issue opinion on projects of works not subject to prior control;
aa) To promote compliance with the legal and regulatory standards applicable to the works
referred to in the preceding paragraph;
bb) Perform the works, by direct administration or endeavor;
cc) Alienating movable goods;
dd) Undertake the acquisition and leasing of goods and services;
ee) To create, build and manage facilities, equipment, services, circulation networks,
of transport, energy, distribution of goods and integrated physical resources
in the heritage of the municipality or placed, by law, under administration
municipal;
ff) Promote and support the development of activities and the realization of events
related to the economic activity of municipal interest;
gg) To ensure, organize and manage school transport;
hh) Deliberating, in the field of school social action, in particular with regard to
food, accommodation and allocation of economic aid to students;
ii) Proceed to the capture, accommodation and slaughter of canids and kittens;
jj) Deliberating on the deamulation and extinction of animals deemed harmful;
kk) Declare prescribed in favour of the municipality, after publication of notices, the deposits,
mausoleums or other works, as well as perpetual graves installed in the
cemeteries municipal property, when they are not known to their
owners or in respect of which show that, after notification
judicial, it remains disinterested in its conservation and maintenance, in a way
unambiguous and enduring;
ll) Participate in management bodies of entities of the central administration;
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mm) Designate the representatives of the municipality in the local councils;
nn) Participate in advisory bodies of entities of the central administration;
oo) Designate the representative of the municipality at the general meeting of local companies,
as well as their representatives in any other entities in which the
municipality participates, regardless of whether or not they integrate the perimeter of the
local administration;
pp) Appoint and exonerate the board of directors of the municipalized services;
qq) Administer the municipal public domain;
rr) Deliberate on the parking of vehicles on the public roads and too much
public places;
ss) To establish the denomination of streets and squares of the localities and the stands,
after opinion of the corresponding freguish joint;
tt) Establish the rules of numeration of buildings;
uu) Deliberating on the administration of water resources that integrate the
public domain of the municipality;
vv) To propose the declaration of public utility for the purposes of expropriation;
ww) Send to the Court of Auditors the accounts of the municipality;
xx) Deliberating, within the maximum of 30 days, on hierarchical resources
improper of the deliberations of the board of directors of the services
municipalized;
yy) To comply with the Statute of the Right of Opposition;
zz) To promote the publication of documents and records, annals or from any other
nature, which safeguard and perpetuates the history of the municipality;
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aaa) Deliberating on the participation of the municipality in projects and actions of
decentralized cooperation, specifically within the framework of the European Union and
of the Community of Portuguese-speaking Countries;
bbb) To ensure appropriate support for the exercise of skills by the
State;
ccc) Submit proposals to the municipal assembly on subjects of competence
of this.
2-A The disposal of goods and artistic values of the heritage of the municipality is the subject of
special legislation.
Article 34.
Delegation of competences in the mayor of the city hall
1-A The city hall may delegate its competences in the respective President's respect, with
exception of those provided for in points a ), b ), c ), and), i ), j ), k ), m ), n ), o) , p ), s), u) , z ), hh) , oo), vv),
aa) and ccc) of paragraph 1 of the preceding Article and in the a) of Article 39, with the possibility of
subdelegation in any of the aldermen.
2-Of the decisions taken by the mayor of the city hall or by the aldermen in the
exercise of delegated or subdelegated competencies rests with the chamber
municipal, without prejudice to its contentious challenge.
3-The appeal to the city hall may have on the grounds of unlawfulness or
inconvenience of the decision and is appreciated within the maximum period of 30 days.
Article 35.
Competences of the mayor of the city hall
1-Compete to the president of the city hall:
a) Represent the municipality in judgement and outside it;
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b) Carry out the deliberations of the municipal chamber and coordinate the respect of the activity;
c) Giving fulfillment to the deliberations of the municipal assembly, whenever for the
your implementation is necessary the intervention of the city hall;
d) Elaborate and keep up to date the enrollment of the movable and real estate of the
municipality;
e) Attend the Public Prosecutor's Office the unjustified flawings of the members of the chamber
municipal, for the legal effects;
f) Approve the projects, tender programs, charge notebooks and the
award for the employment and purchase of goods and services, whose authorisation of
expense kayba;
g) Authorize the realization of the budgeted expenditure up to the limit stipulated by
law or by delegation of the municipal chamber, with the exception of those referred to in paragraph 2
of Article 30;
h) Authorize the payment of the expenses incurred;
i) Communicate, within the legal period, to the competent entities for the respect of collection
the value of the municipal tax rate on real estate, as well as, when it is the
case, the deliberation on the launch of spills;
j) Submit the internal control standard, as well as the inventory of goods,
rights and patrimonial obligations of the municipality and respect assessment, and still the
reporting documents, the approval of the city hall and the
appreciation and voting of the municipal assembly, with the exception of the standard of
internal control;
k) Send to the Court of Auditors the documents that should be submitted to your
assessment, without prejudice to the provisions of paragraph ww) of Article 33 (1);
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l) Sign or visit the correspondence of the city hall that has as
recipients any public entities or bodies;
m) Convene, in the cases provided for in Article 40 (4), the ordinary meetings of the
city hall for the scheduled day and time and send the order of the day to all
the other members;
n) Convene the extraordinary meetings;
o) Establish and distribute the agenda of the meetings;
p) Open and close meetings, direct the work and ensure compliance with the
law and the regularity of deliberations;
q) Suspend or terminate meetings in advance, when circumstances
excecional the justices, upon reasoned decision to be included in the minutes of the
meeting;
r) Represent the city hall in the sessions of the municipal assembly;
s) Reply, in good time and in such a way as to allow your appreciation in the session
following of the municipal assembly, to the requests for information submitted by
this;
t) To promote the publication of the decisions or deliberations provided for in Article 56;
u) Promoting compliance with the Statute of the Right of Opposition and the publication
of the respected assessment report;
v) Driving, in articulation with the bodies of public administration with
competence in the field of civil protection, the municipal protection service
civil, with a view to compliance with the emergency plans and programmes
established and the coordination of the activities to be developed in that scope,
specifically in relief operations and assistance in the imminence or
occurrence of serious accident or disaster;
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w) Chairing the city council for safety;
x) Refer to the municipal assembly the minuta of the minutes and the minutes of the meetings of the
municipal chamber, as soon as approved;
y) Send to the municipal assembly, for the purposes set out in the c) of paragraph 2 of the
article 25, all documentation, specifically reports, opinions,
memorandums and documents of equal nature, including the one concerning the
entities covered by the legal regime of local business activity and the
local holdings, when there are, indispensable for understanding and
critical and objective analysis of the information therein.
2-Compete still to the mayor of the city hall:
a) Decide all matters related to the management and direction of resources
humans affections to municipal services;
b) Designate the worker who serves as a public officer to wash all the
contracts under the law;
c) Modifying or revoking the acts practiced by workers affections to the services
of the municipal chamber;
d) Managing the human resources of education institutions;
e) To promote the execution, by direct or undertaken administration, of the works, well
how to proceed with the acquisition of goods and services;
f) Outoring contracts in representation of the municipality;
g) To intry lawsuits and defend themselves in them, and may confess, give up or
transigir, if there is no offence of rights of third parties;
h) Practise the necessary acts to the current administration of the heritage of the
municipality and its conservation;
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i) Proceed to the predial records of the real estate of the municipality, well
as to records of any other nature;
j) Granting authorizations for use of buildings;
k) To embark and order the demolition of any works, constructions or
edifices, effected by private individuals or collective persons, in the following cases:
i) Without a licence or in the absence of any other prior control procedure
legally provided for or with failure to comply with the conditions in them;
ii) With violation of regulations, of municipal postures, of measures
preventive, of provisional standards, of priority construction areas, of
areas of priority urban development or municipal plans of
fully effective planning of the territory;
l) Order the summary eviction of the buildings whose expropriation by public utility
has been declared;
m) Granting police or tax licences, under the law, regulations and
postures;
n) Determine the instruction of the counterordinate processes and apply the fines,
with the faculty of delegation in any of the other members of the chamber
municipal;
o) Give notice to the city hall and send to the municipal assembly copies
of the definitive reports resulting from tutelary actions or audits of the
activity of the municipal chamber and the services of the municipality, at the maximum time
of 10 days after the receipt of them;
p) Grant land, in the cemeteries owned by the municipality, to lay deposits,
mausoleums and perpetual graves.
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3-In excecional circumstances, and in the case of, by reason of urgency, not possible
bring together extraordinarily the city hall, the president can practice any
acts of the competence of this, by staying the same subjects to ratification at the first meeting
carried out after its practice, under penalty of cancellability.
4-Of the information provided for in the c) of Article 25 (2) shall appear on the balance and the
state of the debts to suppliers, and the claims, hierarchical features and processes
judicial pending, with indication of the respect phase and state.
Article 36.
Distribution of functions
1-The chairman of the city hall is coadjured by the aldermen in the exercise of their
functions.
2-The chairman of the city hall may delegate or underdelegate skills in the
councillors.
Article 37.
Coordination of municipal services
Without prejudice to the powers of supervision of which the members of the chamber are holders
municipal in the areas under its responsibility, compete with the mayor
municipal the coordination of municipal services.
Article 38.
Delegation of competences in the leaders
1-The chairman of the city hall and the aldermen may delegate or subdelegate to the
leader of the materially competent organic unit the skills provided in the
points a ), b ), c ), g ), h ), k ) and v) of paragraph 1 and d ), f ), h ), i ), m ) and p) of Article 35 (2).
2-In the field of management and direction of human resources, they may still be the object of
delegation or subdelegation the following skills:
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a) Approve and change the holiday map and remaining decisions regarding vacations, without
injury by the regular operation of the service and the safeguarding of the interest
public;
b) Justify faltas;
c) Grant licences without pay or without salary up to the maximum period
of one year;
d) Homologating the performance evaluation of workers, in cases where the
deputy or subdelegate was not the notor;
e) Decide on organisation and working hours, taking into account the
superiorly fixed guidelines;
f) Authorize the provision of extraordinary work;
g) Sign contracts for work in public functions;
h) Homologation of the evaluation of the experimental period;
i) Practise the acts relating to the retirement of workers;
j) Practise the acts relating to the social security regime, including the
relating to accidents in service and accidents at work.
3-They may still be the subject of delegation or subdelegation the following skills:
a) Authorize the realization and payment of expenses in fulfillment of
adhesion contracts whose celebration has been authorized and with cabling in the
budget in force;
b) Authorize the realization of expenditure up to the limit set by law;
c) Authorize the registration of enrolment of technicians;
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d) Authorize terms of opening and closing in books subject to that
formality, in particular works books;
e) Authorize the restitution to the interested persons of documents together with proceedings;
f) Authorize the passage of terms of identity, idoneity and justification
administrative;
g) Authorize the passage of authenticated certificates or photocopies to those interested,
relating to constant processes or documents of archived processes and that
they are lacking dispatch or deliberation of the local elected;
h) Issue alvaras required by law in the wake of the decision or deliberation that
confirm this right;
i) Granting occupation permits from the public route by reason of works;
j) Authorize the renewal of licences that depend solely on the fulfillment of
bureaucratic or similar formalities by the concerned;
k) Issue the traveling salesman card;
l) Determine the instruction of counterordinate processes and assign the respect
instructor;
m) Practise other acts and formalities of instrumental character required by
exercise of the decisional competence of the delegator or sub-delegator.
4-A delegation or subdelegation of the competence provided for in the a) of the Article 1 (1)
35. depends on the practice of act especially directed to each of the representations
in cause.
5-The delegations and subdelegations provided for in this Article shall apply, with due
adaptations, the provisions of Article 34 (2) and (3).
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Article 39.
Competencies of operation
Compete with the city hall:
a) Elaborate and approve the regiment;
b) Carry out and ensure compliance with the deliberations of the municipal assembly;
c) Proceed to the marking and justification of the flawings of its members.
SUBSECTION II
Health
Article 40.
Periodicity of meetings
1-A The city hall has a weekly, or fortnightly, ordinary meeting if judging
convenient, and extraordinary meetings whenever necessary.
2-The ordinary meetings of the city hall shall take place on the right day and time, whose
marking is the object of deliberation at its first meeting.
3-A deliberation provided for in the preceding paragraph is object of edital publicitation and shall
appear on stay on the site of the Internet of the municipality, considering summoned
all members of the city hall.
4-Any changes to the day and time object of the deliberation provided for in paragraph 2 shall be
duly justified and communicated to all members of the organ with, by the
less, three days in advance and by protocol.
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Article 41.
Convocation of the extraordinary meetings
1-Extraordinary Meetings may be convened at the initiative of the President of the
city chamber or after application for at least one third of the respects
members.
2-Extraordinary Meetings are convened with at least two days in advance
per protocol, applying, with due adaptations, the provisions of paragraph 3 of the article
previous.
3-The chairman of the municipal chamber convene the meeting for one of the eight subsequent to the
receipt of the application provided for in paragraph 1.
4-When the mayor of the city hall does not make the convocation that it has been
required or does not do so in the terms of the preceding paragraph, may the applicants effectuate
la directly, applying, with due adaptations, the provisions of the preceding paragraph
and publishing convocation at the usual locations.
Article 42.
Support for members of the city hall
1-The chairman of the city hall may constitute a office of support for the presidency,
with the following composition:
a) In municipalities with a number of voters equal to or less than 50000, a
chief of the cabinet and a secretary;
b) In municipalities with a number of voters higher than 50000 and equal or
less than 100000, a head of the cabinet, an adjunct and a secretary;
c) In the remaining municipalities, a chief of the cabinet, two adjoining and one secretary.
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2-The chairman of the city hall may constitute a joint office of support
of aldermen who exercise full-time or half-time functions, with the following
composition:
a) In municipalities with a number of voters equal to or less than 10000, a
secretary;
b) In municipalities with a number of voters higher than 10000 and equal or
less than 50000, two secretaries;
c) In municipalities with a number of voters higher than 50000 and equal or
less than 100000, three secretaries;
d) In the remaining municipalities, two adjoining and three secretaries.
3-The support office provided for in paragraph 2 shall be called the office of support for the vereation.
4-The mayor of the city hall and councillors can delegate the practice of acts of
ordinary administration in the chiefs of the Cabinet and adjoining of the respected offices of
support.
5-The chairman of the city hall shall make available to all councillors the
physical, material and human resources necessary for the exercise of the term of office,
owing, to the effect, to use preferentially to the services of the municipality.
Article 43.
Status of members of the personal support offices
1-A remuneration of the head of the office of support for the chairmanlike is equal to 90% of the
base pay of the full-time councillor, on exclusive basis, of the chamber
corresponding municipal.
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2-A remuneration of the adjoining offices of support for the Chair and the vereation is equal to
80% of the base remuneration of the full-time councillor, in exclusivity scheme, of the
corresponding municipal chamber.
3-A The remuneration of the secretaries of the office of support for the Chair and the vereation is equal
a 60% of the base remuneration of the full-time councillor, in exclusive scheme,
of the corresponding municipal chamber.
4-Members of the chairman-support offices and the vereation are designated and
exonerated by the chairman of the city hall, on a proposal from the aldermen in the case
of the office of the support for the vereation, and the exercise of its functions shall be equally with the
cessation of the term of office of the mayor's office.
5-To the members of the support offices referred to in the preceding paragraphs shall apply,
with due adaptations, the provisions of the diploma which establishes the legal regime to
which are subject to the offices of the members of the Government with regard to the designation,
functions, uniqueness regime, incompatibilities, impediments, duties and
guarantees.
CHAPTER IV
Common provisions to the organs of local authorities
Article 44.
Principle of independence
The organs of local authorities are independent and their deliberations can only be
suspended, modified, revoked or annulled, pursuant to the law.
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Article 45.
Principle of specialty
The organs of local authorities can only deliberate in the frame of the pursuit of the
assignments of these and in the scope of the exercise of their powers, under the law.
Article 46.
Session
The deliberative bodies may, where necessary, gather more than once in the course
of the same session.
Article 47.
Participation of voters
1-In the extraordinary sessions of the deliberative bodies convened after application for
citizens voters have the right to participate, in the terms to be defined in the regiment and without
right to vote, two representatives of the requesting respects.
2-Representatives referred to in the preceding paragraph may submit suggestions or
proposals, which are voted on if this is deliberated.
Article 48.
First meeting
The first meeting of the executive bodies is held within the maximum period of five days after the
your constitution, competing to your president the respectful marking and convocation, with the
two-day minimum advance notice, by edital and by letter with notice of fearful or
protocol.
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Article 49.
Sessions and meetings
1-The sessions of the deliberative bodies of local authorities are public, being fixed,
in the terms of the regiment, a period for intervention and enlightenment to the public.
2-The executive bodies of local authorities carry out at least one public meeting
monthly, applying, with due adaptations, the provisions of the final part of the number
previous.
3-The sessions and meetings of the bodies of local authorities shall be given publicity, with
indication of the days, times and places of its achievement, so as to promote the
knowledge of those interested in advance of at least two working days
on the date of the same.
4-A no citizen is allowed to meddle in the discussions, applaud or re-prove the
opinions issued, the votes made or the deliberations taken.
5-A violation of the provisions of the preceding paragraph is punishable with fine of € 150 a € 750, for
whose application is competent the judge of the comarch, after participation of the President of the
respect organ.
6-The minutes of the sessions and meetings, ended the mention of the subjects included in the order of the
day, make summary reference to the possible interventions of the public in the solicitation of
clarifications and the answers given.
Article 50.
Object of deliberations
1-Can only be the object of deliberation the subjects included in the agenda of the session or
meeting.
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2-Dealing with ordinary session of deliberative organ, and in the case of urgency
recognized by two thirds of its members, may the same deliberation on
subjects not included in the order of the day.
Article 51.
Illegal convocation of sessions or meetings
The illegality resulting from the failure to comply with the provisions on convening sessions or
meetings only consider themselves sanada when all the members of the organ do compare and not
suscitem opposition to its realization.
Article 52.
Period of before the order of the day
At each session or ordinary meeting of the organs of local authorities is set a period
from before the order of the day, with the maximum duration of 60, for treatment of
general subjects of municipal interest.
Article 53.
Order of the day
1-A order of the day shall include the subjects indicated by the members of the respective organ,
provided that they are from the competence of this and the corresponding application is submitted by
written with a minimum advance of:
a) Five working days on the date of the session or meeting, in the case of sessions or
ordinary meetings;
b) Eight working days on the date of the session or meeting, in the case of sessions or
extraordinary meetings.
2-A order of the day is delivered to all members of the body in the minimum advance
of two working days on the date of the start of the session or meeting, by sending them, in
concurrent, the respect documentation.
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Article 54.
Quorum
1-The organs of local authorities can only gather and deliberate when they are present to
majority of the legal number of its members.
2-deliberations are taken to the plurality of votes, having the president vote of
quality in the event of a tie, not counting the abstentions for the clearance of the
majority.
3-When the organ cannot muster for a lack of quorum, the president designates another day
for new session or meeting, which has the same nature as the previous one, to convene in the
terms set out in this Law.
4-Of the sessions or meetings cancelled because of a lack of quorum is drawn up minutes in which if
note the attendance and absences of the members ' respective members, giving these place to the
marking of foul.
Article 55.
Forms of voting
1-A voting is nominal, unless the regiment stipulates or the organ deliberates, by proposal
of any member, another form of voting.
2-The president votes in last place.
3-The deliberations that involve the appreciation of behaviors or qualities of
any person is taken by secret ballot and, in case of doubt, the organ
deliberates on the form of the vote.
4-Havendo draw in a vote by secret ballot, immediately proceeds to new
voting and, if the tie holds, is postponing deliberation for the session or meeting
next, by proceeding the nominal vote if in the first vote of this session or
meeting if you repeat the draw.
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5-When necessary, the statement of reasons for the deliberations taken by secret ballot is
made by the President after the vote, taking into account the discussion that has preceded it.
6-They may not be present at the time of the discussion nor of the voting the members of the
organ that meet or consider themselves to be prevented.
Article 56.
Publicity of deliberations
1-In addition to the publication in Journal of the Republic when the law expressly determines it,
the deliberations of the bodies of local authorities, as well as the decisions of the respects
holders intended to have external effectiveness, should be published in edital affixed to us
places of style during five of the 10 days subsequent to the taking of deliberation or
decision, without prejudice to the provisions of special legislation.
2-The acts referred to in the preceding paragraph are still published on the website of Internet , in the
newsletter of the local municipality and in the regional newspapers edited or distributed in the area of
respects autarchy, in the 30 days subsequent to his practice, which they gather
cumulatively the following conditions:
a) Be Portuguese, in the terms of the law;
b) Be of general information;
c) Have a periodicity not exceeding fortnightly;
d) Contem with a minimum average tirage per edition of 1500 copies in the
last six months;
e) Do not be distributed free of charge.
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3-The cost tables relating to the publication of the decisions and deliberations referred to in paragraph 1
are established annually by poration of the members of the responsible government
by the areas of the media and local administration, heard the associations
representative of the regional press and the National Association of Municipalities
Portuguese.
Article 57.
Atas
1-From each session or meeting is washed ata, which contains a summary of what an essential
in it if it has passed, indicating, in particular, the date and place of the session or meeting,
the members present and absent, the subjects appreciated, the decisions and deliberations
taken and the form and outcome of the respected votes and, well so, the fact that the minutes
have been read and approved.
2-The atas are washed, where possible, per worker of the designated local municipality
to the effect and are put to the approval of all members at the end of the respect
session or meeting or at the beginning of the following, being signed, after approval, by the
president and by whom he washed them.
3-The atas or the text of the most important deliberations can be approved in minuta,
at the end of the sessions or meetings, as long as this is deliberated by the majority of the
members present, being signed, after approval, by the president and by whom the
laundered.
4-The deliberations of the organs only acquire efficacy after they have approved and signed the
respects at or after signed the minutes, in the terms of the previous figures.
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Article 58.
Registration in the minutes of the vote of venue
1-The members of the organ may make the minutes appear in the minutes their vote of vencent and the
respects justifying reasons.
2-When it deals with opinions to be issued to other entities, the deliberations are always
accompanied by the declarations of vote presented.
3-The registration in the minutes of the voting vote excludes the elected from the responsibility that
eventually results from the deliberation.
Article 59.
Null acts
1-Are void the acts for which the law expressly comines this form of invalidity.
2-Are, in particular, nulls:
a) The acts that extend illegal or irregularly the payment deadlines
voluntary of taxes, fees, spills, more-worth and prices;
b) The deliberations of any organ of the local authorities involving the
exercise of tax powers or determine the launch of fees or more-
valias not provided for in the law;
c) The deliberations of any organ of local authorities that determine or
authorize the realization of expenses not permitted by law;
Article 60.
Formalities of the convocation requirements of extraordinary sessions
1-The applications to which the points are reported c) of paragraphs 1 of Articles 12 and 28.
are accompanied by certiactive certificates of the quality of citizen census in the
area of the local municipality's respective area.
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2-The certificates referred to in the preceding paragraph shall be passed within eight days by the
commission census committee respecting and are exempt from any fees, emoluments and the
stamp duty.
3-A The submission of the order of the certificates shall be accompanied by a list containing
the signatures, as well as identification document, of the citizens who want to
require the convening of the extraordinary session.
Article 61.
Special approval of the predictive instruments
The approval of the plan's options and the budget proposal for the immediate year to the
of the realization of mid-term elections in the months of November or December takes place,
in ordinary or extraordinary session of the deliberative body that results from the act
election, by the end of the month of April of that year.
Article 62.
Alvarás
Save if the law prescribes special form, the title of rights conferred on individuals by
deliberation of the organs of local authorities or decision of their holders is an alvshall
expedted by the respected president.
Title III
Intermunicipal entities
CHAPTER I
Nature, creation and regime
Article 63.
Nature and regime
1-Intermunicipal entities are collective persons of public law of scope
municipal territorial administration that integrate the municipal autonomous administration.
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2-Are intermunicipal entities the metropolitan area and the intercity community.
3-Intermunicipal entities are subject to the regime of the administrative tutelage.
4-The status of intermunicipal entities is the constant of the following articles to 98.
Article 64.
Creation
1-Intermunicipal entities are created by law and constitute administrative units,
also for the purposes set out in Regulation (EC) No 1059/2003 of Parliament
European and of the Council of May 26, 2003 on the institution of a
nomenclature common to statistical territorial units (NUTS).
2-A The law can create metropolitan areas in the large urban areas of Lisbon and Porto.
3-A The law provided for in the preceding paragraph shall not create intermunicipal entities with a
number of municipalities lower than five nor with population less than 90000
inhabitants.
Article 65.
Attributions
They constitute attributions of the intermunicipal entities to the promotion and safeguarding of the
own interests of the populations covered by the respective territorial constituencies,
in articulation with the municipalities.
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CHAPTER II
Metropolitan area
SECTION I
Organs
Article 66.
Organs
Are organs of the metropolitan area the metropolitan council, the executive board
metropolitan and the strategic council for metropolitan development.
SUBSECTION I
Metropolitan council
Article 67.
Nature and constitution
1-The metropolitan council is the deliberative organ of the metropolitan area.
2-The metropolitan council consists of the chairpersons of the municipal chambers of the
municipalities that integrate the metropolitan area.
3-The metropolitan council consists of a president and two vice-presidents,
elected by the one, from among its members.
4-The exercise of functions in the metropolitan council does not correspond to any
remuneration, without prejudice to the cost aid due under the law.
Article 68.
Mandate
1-The mandate of the members of the metropolitan council shall begin with the installation of the
respects municipal chambers.
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2-A loss, cessation and renunciation of the term of mayor of city hall
determines the same effect on the mandate held in the metropolitan council.
Article 69.
Meetings
1-The metropolitan council has twelve annual meetings with monthly periodicity.
2-The metropolitan council brings together extraordinarily on the initiative of its president
or after application by a third of its members.
3-The meetings of the metropolitan council are public.
4-A first meeting takes place within 30 days after holding general elections
for the deliberative bodies of the municipalities and is convened by the mayor
municipal of the municipality with greater number of voters.
5-The meetings of the metropolitan council can be held in the territorial circumscription of
any of the municipalities that integrate the metropolitan area.
6-The president of the metropolitan council can convene, whenever he understands
necessary, the members of the metropolitan executive committee for the meetings of that
organ.
7-It shall apply, with due adaptations, to the provisions of Article 40 (3) and (4).
Article 70.
Competencies
It competes with the metropolitan council:
a) Elect your President and Vice-Presidents, at your first meeting;
b) Define and approve the political and strategic options of the metropolitan area;
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c) Approve the metropolitan area action plan and the budget proposal and the
your changes and revisions, as well as appreciate the inventory of all goods,
rights and heritage obligations and respect assessment and, still, appreciate and vote
the reporting documents;
d) Approve the plans, programs and investment projects and
development of metropolitan interest;
e) Follow up and scrutinize the activity of the metropolitan executive board, das
local companies and any other entities that integrate the perimeter of the
local administration;
f) Appreciate, on the basis of the information made available by the executive board
metropolitan, the results of the participation of the metropolitan area in the
local companies and in any other entities;
g) Get to know and take a position on the definitive reports resulting from actions
tutelars or from audits performed on the activity of the organs and services of the
metropolitan area;
h) Taking position before any organs of the State or public entities on
matters of interest to the metropolitan area;
i) Authorize the conclusion of delegation contracts of competences with the
State and with municipalities, as well as respect for resolution and revocation;
j) Authorize the metropolitan area to associate with other public entities,
private, or the social and cooperative sector, to create or participate in other people
collectives and to constitute local companies;
k) Deliberating on the number of paid metropolitan secretaries, in the
terms of this Law;
l) Approve your regiment;
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m) Approve, on a proposal from the metropolitan executive committee, the regulations
with external effectiveness;
n) Deliberating, on a proposal from the metropolitan executive committee, on the form of
material imputation to the integral municipalities of the metropolitan area of the
expenses not covered by own revenue;
o) To appreciate and deliberate on the exercise of the collection competence of the
municipal taxes by the services of the metropolitan area, in the terms to be defined
by diploma of their own;
p) Approve or authorize the hiring of loans;
q) Designate, on a proposal from the metropolitan executive board, the representative
of the metropolitan area at the general assembly of local companies, as well as the
your representatives in any other entities, bodies or commissions
in which the metropolitan area participates, regardless of whether they integrate or
not the perimeter of the local administration;
r) Designate, on a proposal from the metropolitan executive board, the official reviewer
of accounts or the society of statutory auditors;
s) Follow up on the activity of the metropolitan area, and evaluate the respects
results, in local companies and other entities in which the area
metropolitan hold some participation;
t) Approve the creation or reorganization of metropolitan services;
u) Approve the map of personnel of metropolitan services;
v) Authorize the metropolitan executive board to celebrate, after contest
public, concession contracts and fix the general conditions;
w) Accept donations, legacies and inheritances the benefit of inventory;
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x) Authorize the metropolitan executive commission to acquire, divest or burdensome goods
real estate and fix the respective general conditions, and may determine the appeal to
public hoisting, as well as to alienate or burdensome goods or artistic values of the area
metropolitan, applying, with due adaptations, the provisions of paragraph 2 of the
article 33;
y) Deliberating on the participation of the metropolitan area in projects and actions of
decentralized cooperation, specifically within the framework of the European Union and the
Community of Portuguese-speaking Countries;
z) Deliberating on the concrete composition of the strategic council for the
metropolitan development;
aa) Ratify the organization and operation regiment of the strategic council
for metropolitan development;
bb) Deliberate on the opinion relating to the subjects provided for in points b) a e) from the
n Article 25 (1);
cc) To approve the constitution of the managing entity of the special mobility of the municipal government,
as well as the specific regulation, on the proposal of the executive board
metropolitan;
dd) Pronounting and deliberating on all matters that aim to pursue the
assignments of the metropolitan area;
ee) To exercise the remaining powers provided for in law and in the regiment.
Article 71.
President
Compete for the president of the metropolitan council:
a) Represent in judgment the metropolitan area;
b) To ensure the institutional representation of the metropolitan area;
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c) Convene the ordinary and extraordinary sessions;
d) Drive the works of the metropolitan council;
e) Confer possession of the members of the metropolitan executive board;
f) Initiate the process of formation of the metropolitan executive board;
g) To exercise the remaining powers provided for in law and in the regiment.
SUBSECTION II
Metropolitan executive commission
Article 72.
Nature and constitution
1-A The metropolitan executive board is the executive body of the metropolitan area.
2-A The metropolitan executive committee consists of a first-secretary and by
four metropolitan secretaries and is elected pursuant to the following articles.
Article 73.
Training
1-The president of the metropolitan council, the day after that of his election, fixed to the
chair of the municipal assembly with greater number of mandates assigned to the
same party, coalition or group of citizens at the electoral college provided for in the article
following a deadline of between three to five days to submit the vote on this list of the
members of the metropolitan executive board, pursuant to the following number.
2-A submission of the list takes place through its presentation to the chairman of the board
metropolitan, which is responsible for the coordination of the organization of the electoral act
provided for in Article 75.
3-The president of the metropolitan council is aided in the exercise of his duties
by the presidents of the municipal assemblies.
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4-A The list provided for in the preceding paragraph shall state the member of the executive board
metropolitan who will be the first-secretary.
Article 74.
Electoral college
1-A The metropolitan executive committee is elected by an electoral college constituted by
members of the municipal assemblies of the municipalities that integrate the area
metropolitan, on the following terms:
a) 15 members, in municipalities with a number of voters equal to or lower than
10000;
b) 21 members, in the municipalities with a number of voters above 10000 and
equal to or less than 50000;
c) 27 members, in the municipalities with a number of voters above 50000 and
equal to or less than 100000;
d) 33 members, in the municipalities with a number of voters above 100000.
2-A The indication of the members of the electoral college is made in accordance with the results of the
elections to the municipal assemblies and is ordered, according to the system of
proportional representation and the method of the highest average Hondt, second to
constant sequence of the corresponding lists and application statements.
3-The electoral college dissolves with the election of the metropolitan executive council.
Article 75.
Election
1-A The metropolitan executive committee is elected by a simple majority of the votes cast
of the members of the electoral college present.
2-A The election provided for in the preceding paragraph respects the form of secret suffrage.
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3-Following the submission of the list provided for in Article 73, the electoral act takes place on time
maximum five days.
4-The day and time of the election act are marked by the coordinator of the electoral college
referred to in Article 73 (2), and the one shall take place in the places where
usually take place the sessions of the municipal assemblies of the municipalities that
integrate the metropolitan area, under the coordination of the respected president of the
municipal assembly.
5-Partial results of the electoral act are immediately communicated by the
chairpersons of the municipal assemblies to the coordinator of the electoral college, for purposes
of final clearance.
6-The coordinator of the electoral college communicates to the president of the metropolitan council
the end result of the electoral act pertaining to the metropolitan executive commission as soon as
the final clearance operation is completed.
Article 76.
New list
1-In the case of the non-election of the metropolitan executive committee following the provisions of
in Article 73 (1), the metropolitan council, taking into account the results of the
general elections for municipal assemblies and ears the parties, coalitions and
groups of citizens in them represented, submit a new list for that organ to
voting of the electoral college.
2-It shall apply, with due adaptations, to the provisions of Article 73 (2 a) to 4 and articles
74. and 75.
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Article 77.
Taking of possession
The members of the metropolitan executive committee take office in the face of the president of the
metropolitan council within a maximum of five days after the communication provided in the
n Article 75 (5).
Article 78.
Mandate
1-The mandate of the members of the metropolitan executive committee begins with the
taking possession and cesses with the election of new president of the metropolitan council,
following the holding of general elections for the deliberative bodies of the
municipalities, without prejudice to the provisions of the following article.
2-The members of the metropolitan executive committee remain in office until the
taking possession of the new members, in the terms of the previous articles.
Article 79.
Vacancy
1-A vacancy of the post of first-secretary by death, resignation, loss of mandate or
any other legally serviceable reason determines the dissolution of the commission
metropolitan executive and the realization of new electoral act.
2-A vacancy of the office of metropolitan secretary by death, resignation, loss of
mandate or any other legally serviceable reason determines the achievement of a
new electoral act limited to the election of a new member.
3-The elected members in the dissolution sequence of the metropolitan executive board
or from vacancy of the office of metropolitan secretary, complete the mandates before
initiated in the conduct of the holding of general elections for deliberative bodies
of the municipalities.
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4-The electoral acts provided for in paragraphs 1 and 2 are carried out in accordance with the provisions of the
previous articles, with due adaptations.
Article 80.
Meetings
1-A metropolitan executive committee has a fortnightly ordinary meeting and meetings
extraordinary whenever necessary.
2-The meetings of the metropolitan executive committee are not public.
3-Without prejudice to the provisions of the preceding paragraph, the metropolitan executive board
should ensure consultation and participation of populations on subjects of interest
metropolitan, specifically through the marking of dates for this purpose.
4-The minutes of the meetings of the metropolitan executive committee are mandatorily
advertised on the site of the Internet of the metropolitan area.
Article 81.
Competencies
1-Compete to the metropolitan executive committee:
a) Elaborate and submit to the approval of the metropolitan council the plans
necessary for the realization of metropolitan assignments;
b) To propose to the Government the plans, programmes and investment projects and
development of metropolitan interest;
c) Participate, with other entities, in planning that directly relatise
with the assignments of the metropolitan area, issuing opinion to be submitted to
appreciation and deliberation of the metropolitan council;
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d) Pronounce on the plans and programmes of the central administration with
metropolitan interest;
e) Ensuring the articulation between municipalities and services of the administration
central;
f) Collaborate with the services of the central administration with competence in the
field of civil protection and with municipal civil protection services, having
in view of compliance with the emergency plans and established programmes,
as well as in the operations of protection, relief and assistance in the imminence or
occurrence of serious accident or disaster;
g) Participate in the management of regional development programmes and present
applications for funding through programs, projects and too much
initiatives;
h) Elaborate and submit the approval of the metropolitan council the plan of action and
the proposal of the budget, as well as the respective amendments and revisions;
i) Perform the plan and budget options;
j) Elaborate and present to the metropolitan council proposals for harmonisation
in the field of the tax powers of municipalities;
k) Approve the projects, tender programs, charge notebooks and the
award for the employment and purchase of goods and services, whose authorisation of
expense kayba;
l) Propose to the metropolitan council the representative of the metropolitan area in the
general assembly of local companies, as well as their representatives in
any other entities, bodies or commissions in which the area
metropolitan participates, regardless of whether or not they integrate the perimeter
of the local administration;
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m) Divesting immovable property in public hoisting, regardless of authorization from the
metropolitan council, provided that the disposal decorates the execution of the options
of the plan and the deliberation's deliberation has been approved unanimously from the
metropolitan council;
n) Elaborate and approve the internal control standard, as well as the inventory of the
goods, rights and patrimonial obligations of the metropolitan area and respect
evaluation and still the accountability documents, to be submitted to the
appreciation and voting of the metropolitan council;
o) Collaborate in support of programs and projects of metropolitan interest, in
partnership with entities of the central administration;
p) Elaborate and submit to the approval of the metropolitan council projects of
regulations with external effectiveness of the metropolitan area;
q) Undertake the acquisition and leasing of goods and services;
r) Perform works by endeavor;
s) To approve the regulations for the organization and operation of services;
t) Alienating movable goods;
u) Participate in management bodies of entities of the central administration;
v) Participate in advisory bodies of entities of the central administration;
w) To propose the declaration of public utility for the purposes of expropriation;
x) Send to the Court of Auditors the accounts of the metropolitan area;
y) Giving knowledge of metropolitan area accounts to municipal assemblies
of the respective municipalities;
z) Develop human resources training projects of the municipalities;
aa) Develop projects to support municipal management;
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bb) Follow up and support the instruction of the tax enforcement processes in the framework
of the municipal administration;
cc) Follow up and support the instruction of the prior control procedures,
specifically in the areas of construction, reconstruction, conservation or
demolition of buildings, as well as in respect of establishments
unsanitary, cumbersome, dangerous or toxic, of the competence of the chambers
municipal;
dd) Exercising the competences delegated to the terms of the contracts provided for in the
article 108;
ee) To ensure compliance with the deliberations of the metropolitan council;
ff) Drive the metropolitan services;
gg) Discuss and prepare with government departments and with cameras
municipal powers delegation contracts, in the terms provided for in the
present law;
hh) Submit to the metropolitan council, for the purpose of authorization, proposals
of the conclusion of the delegation contracts of competences provided for in the paragraph
previous;
ii) Submit to the metropolitan council, for the purpose of authorization, proposals
of resolution and revocation of contracts set out in paragraph dd );
jj) To propose to the metropolitan council the opinion relating to the subjects provided for in the
points b) a e) of Article 25 (1);
kk) To propose to the metropolitan council the constitution of the managing entity of the
special municipal mobility, as well as the respecting regulation
specific;
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ll) Exercising the remaining legal skills, including those that the state comes
transferring to the metropolitan areas in the framework of decentralization;
mm) Submit proposals to the metropolitan council on matters of the
competence of this.
2-A The metropolitan executive committee can delegate its competences in the first-
secretary, with subdelegation faculty in the metropolitan secretaries, with the exception
of those provided for in points a) , b) , c) , d) , h) , j) , k) , l) , m ), n ), p ), s ), u) , v ), x ), hh ), ii) , jj ), kk ) and
mm ) of the previous number.
3-Compete to the first-secretary, with faculty of subdelegation in the secretaries
metropolitans, outoring contracts in representation of the metropolitan area.
Article 82.
Status of members of the metropolitan executive committee
1-A the remuneration of the first-secretary is equal to 45% of the base remuneration of the
President of the Republic.
2-A remuneration for metropolitan secretaries is equal to the base remuneration of alderman
full time, in exclusive regimen, of municipal municipality of municipality with
a number of voters higher than 10000 and lower than 40000.
3-The first-secretary and the metropolitan secretaries are entitled to expenses of
representation, respectively, in the value of 30% and 20% of its remunerations
basis.
4-The first-secretary is compulsorily remunerated.
5-The metropolitan council deliberates, unanimously, on the number of secretaries
remunerated metropolitans, which cannot be less than two.
6-The members of the paid metropolitan executive committee exercise duties in
regimen of exclusivity.
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7-The members of the metropolitan executive board are vetted the exercise of
any posts in the organs of sovereignty or local authorities.
8-The members of the metropolitan executive committee may not be harmed in the
respect placement or permanent employment by virtue of the performance of your
mandates.
9-During the exercise of the respecting term of office cannot the members of the committee
metropolitan executive to be harmed with respect to promotions, gratuities,
social benefits or any other acquired right of non-pecuniary character.
10-The time of service provided as a member of the metropolitan executive committee is
counted as if it had been provided to the employing entity.
11-Basic remunerations and expenses for representation due to members of the
metropolitan executive committee are supported by the budget of the respect area
metropolitan.
12-The provisions of Articles 78 and 79 of the Retirement Status shall apply, approved
by Decree-Law No. 498/72 of December 9.
SUBSECTION III
Strategic advice for metropolitan development
Article 83.
Nature and constitution
1-The strategic council for metropolitan development is an organ of nature
advisory aimed at supporting the decision process of the remaining organs of the area
metropolitan.
2-The strategic council for metropolitan development consists of
representatives of the institutions, entities and organizations with relevance and intervention
in the field of metropolitan interests.
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3-Compete to the metropolitan council deliberating on the composition in concrete of the
strategic advice for metropolitan development.
Article 84.
Health
1-Compete to the strategic council for metropolitan development to approve the
respects regiment of organization and functioning.
2-The regiment provided for in the preceding paragraph shall be valid after ratification by the council
metropolitan.
3-To the exercise of functions in the strategic council for development
metropolitan does not match any remuneration.
SECTION II
Health
Article 85.
Health
To the operation of the deliberative and executive organs of the metropolitan area applies,
subsidally, the scheme applicable to the organs of the municipality.
Article 86.
Deliberations
The deliberations of the deliberative and executive bodies of the metropolitan area link the
municipalities that integrate it.
Article 87.
Metropolitan services
The metropolitan area can create metropolitan services of technical and administrative support.
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Article 88.
Personnel
1-A The metropolitan area has its own personnel map, privileging the appeal to the
its filling through the legally anticipated general mobility instruments,
preferentially from workers coming from the staff maps of the municipalities that
integrate it.
2-The workers of the metropolitan area shall apply for the legal regime of the contract of
work in public functions.
CHAPTER III
Intercity community
SECTION I
Organs
Article 89.
Organs
They are organs of the intermunicipal community the inter-municipal council, the executive board
intercity and the strategic council for inter-municipal development.
SUBSECTION I
Inter-municipal council
Article 90.
Inter-municipal council
1-It shall apply, with due adaptations, to the provisions of Articles 67 to 71.
2-The intercity council consists of a president and two vice-presidents.
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SUBSECTION II
Inter-municipal executive committee
Article 91.
Inter-municipal executive committee
1-It shall apply, with due adaptations, to the provisions of Articles 72 to 82.
2-A inter-municipal executive board has one first-secretary and two secretaries
intermunicipal.
3-The first-secretary is compulsorily remunerated.
4-The inter-municipal council shall act unanimously on the number of secretaries
intermunicipal paid intermunicipal, which is, at the very least, one.
SUBSECTION III
Strategic advice for intercity development
Article 92.
Strategic advice for intercity development
It shall apply, with due adaptations, to the provisions of Articles 83 and 84.
SECTION II
Health
Article 93.
Health
It shall apply, with due adaptations, to the provisions of Articles 85 to 88.
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Title IV
Decentralization and delegation of competences
CHAPTER I
Decentralization
SECTION I
General provisions
Article 94.
Administrative decentralization
For the purposes of this Law, administrative decentralization concretizes through the
transfer by legislative skills of State organ skills to organs of the
local authorities and the inter-municipal entities.
Article 95.
Goals
The realization of administrative decentralization aims at the approximation of decisions to
citizens, the promotion of territorial cohesion, the enhancement of interregional solidarity, the
improvement of the quality of services provided to populations and the rationalization of resources
available.
Article 96.
Intangibility of attributions and nature and scope of decentralization
administrative
In respect of the intangibility of municipal and intermunicipal assignments, the State
concretizes administrative decentralization by promoting the progressive transfer,
continuous and sustained skills in all fields of the interests of the
populations of local authorities and intermunicipal entities, in particular in the framework of the
economic and social functions.
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SECTION II
Transfer of competences
Article 97.
Transfer of competences
The transfer of competences has definite and universal character.
Article 98.
Resources
1-A The law must expressly provide for human, heritage and financial resources
necessary and sufficient for the exercise by the organs of local authorities and entities
intermunicipal of the competences for them transfered.
2-In the forecast of the resources referred to in the preceding paragraph, the law does compulsorily
reference to the respect sources of funding and their modes of affectation.
3-The State shall promote the necessary studies in such a way that the realization of the
transfer of competencies ensure the demonstration of the following requirements:
a) The non-increase in overall public spending;
b) The increase in the efficiency of resource management by local authorities or by
intermunicipal entities;
c) The gains in effectiveness of the exercise of competences by the organs of the
local authorities or the inter-municipal entities;
d) The fulfillment of the objectives referred to in Article 95;
e) The articulation between the various levels of public administration.
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4-The studies referred to in the preceding paragraph are drawn up by technical teams
multidisciplinary, composed of representatives of government departments
involved, of the regional coordination and development committees, of the Association
National of the Portuguese Municipalities and the National Association of Freguestics.
5-A The law must compulsorily make reference to the studies referred to in paragraph 3.
CHAPTER II
Delegation of competences
SECTION I
General provisions
Article 99.
Scope
This Chapter establishes the legal regime of the delegation of organ competences
of the State in the organs of local authorities and inter-municipal entities and bodies
of the municipalities in the organs of the freguesias and the intermunicipal entities.
Article 100.
Pursuit of assignments and delegation of competences
1-The State, local authorities and inter-municipal entities articulate among themselves, in the
terms of Article 4, the pursuit of the respective assignments, and may, to the effect,
turn to the delegation of competences.
2-For the purposes of the provisions of the preceding paragraph, the organs of the State may delegate
skills in the organs of local authorities and inter-municipal entities and the
organs of the municipalities may delegate competences in the organs of the freguesias and the
intermunicipal entities.
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Article 101.
Goals
The achievement of the delegation of competences aims at promoting the territorial cohesion, the
strengthening interregional solidarity, improving the quality of services provided to the
populations and the rationalization of available resources.
Article 102.
Intangibility of the tasks and scope of the delegation of competences
In respect for the intangibility of state, municipal and intermunicipal assignments, the
State and municipalities concretize the delegation of competences in all fields
of the own interests of the populations of the freguesias, municipalities and entities
intermunicipal.
Article 103.
Contract
1-A delegation of competences concretizes themselves through the conclusion of contracts
interadministrative, under penalty of nullity.
2-To the negotiation, celebration and execution of the contracts shall apply to the provisions of the present
law and, secondarily, the Code of Public Procurement and the Code of Procedure
Administrative.
Article 104.
General principles
The negotiation, celebration, execution and cessation of contracts shall comply with the following
principles:
a) Equality;
b) Non-discrimination;
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c) Stability;
d) Pursuit of the public interest;
e) Continuity of the provision of the public service;
f) Need and sufficiency of resources.
Article 105.
Resources
1-It shall apply, with due adaptations, to the provisions of paragraphs 1, 2 and 5 of Article 98.
2-The public counterparts should promote the necessary studies to the demonstration of the
requirements set out in points a) a and ) of Article 98 (3).
3-A The affectation of human resources through mobility instrument is valid by the
period of term of the contract, unless otherwise specified.
Article 106.
Termination of the contract
1-The contract may cease by expiry, revocation or resolution.
2-The contract cede by expiry in the general terms, specifically by the course of the
respects period of duration.
3-Without prejudice to the provisions of Article 109 (3) and 3 (3), the change
of the holders of the organs of the public contractors does not determine the expiry of the
contract.
4-Public contractors can revoke the contract by mutual agreement.
5-Public contractors may resolve the contract by default of the counterparty
or for reasons of relevant public interest duly substantiated.
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6-In the case of cessation by revocation or resolution for reasons of relevant interest
public, the public counterparts must demonstrate the fulfillment of the requirements
provided for in points a) a e) of Article 98 (3).
7-A cessation of the contract may not originate break or discontinuity of the provision of the
public service.
SECTION II
Delegation of State competences in the municipalities and entities
intermunicipal
Article 107.
Intangibility of the tasks and scope of the delegation of competences
In respect for the intangibility of state assignments, the State concretizes the delegation
of competences in all areas of the own interests of the populations of the
local authorities and inter-municipal entities, in particular in the framework of the functions
economic and social.
Article 108.
Equality and non-discrimination
1-In the realization of the delegation of competences, and in respect of the principles of
equality and non-discrimination referred to in points a) and b) of Article 104, the State
considers, in particular, the caraterization of the inter-municipal entity as an area
metropolitan or as an intercity community.
2-In the realization of the delegation of competences, and in respect of the principles of
equality and non-discrimination referred to in points a ) and b) of Article 104, the State
considers, in particular, the caraterization of the local municipality as a municipality or
freguesia, as well as criteria related to the respect of geographical caraterization,
demographic, economic and social.
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3-It shall apply, with due adaptations, to the provisions of Article 98 (4).
Article 109.
Period of duration
1-The term of the contract coincides with the duration of the Government's term of office,
except for excecional cases, duly substantiated, and without prejudice to the provisions of the
the following number.
2-The contract shall be deemed to be renewed after the government's takeover, without prejudice
of the provisions of the following number.
3-The Government may promote the termination of the contract, within six months after its
taking of possession.
4-The deliberative bodies of local authorities and inter-municipal entities do not
may, under no circumstances, promote the denunciation of the contract.
Article 110.
Communication
1-The relevant government departments communicate in the service of the
central administration responsible for the monitoring of local authorities, by way of
electro and within 30 days, the celebration, alteration and termination of contracts,
upon sending of copy.
2-Compete to the service referred to in the preceding paragraph keep up to date the registration of the
contracts mentioned in the previous number.
3-The contracts are available for consultation, pursuant to the law.
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SECTION III
Delegation of competences of the municipalities
SUBSECTION I
In the intermunicipal entities
Article 111.
Scope of the delegation of competences
1-The municipalities concretize the delegation of competences in the inter-municipal entities
in all areas of the own interests of the populations of these, in particular in the
scope of the planning and management of the economic and social development strategy,
of the territorial competitiveness, the promotion of endogenous resources and valorisation
of the patrimonial and natural resources, entrepreneurship and job creation,
of mobility, urban infrastructure management and the respective activities
prestationals and the promotion and management of generating activities of significant flows
of population, goods and information.
2-The municipalities further concretize the delegation of competences in the entities
intermunicipal in the instrumental domains related to the organization and
operation of municipal services and support for the activity.
3-A The validity and effectiveness of the delegation of competences of a municipality in an entity
intermunicipal does not depend on the existence of a minimum number of municipalities with
delegation contracts of competences in the same intercity entity.
Article 112.
Period of duration
1-The term of the contract coincides with the term of office of the body
Deliberative of the municipality, save excecional cases, duly substantiated, and without
injury to the provisions of the following number.
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2-The contract considers itself to be renewed after the installation of the deliberative organ of the
municipality, without prejudice to the provisions of the following number.
3-The deliberative organ of the municipality may authorise the denunciation of the contract, within the period of
six months after your installation.
4-The deliberative body of the inter-municipal entity shall in no case authorize the
termination of the contract.
Article 113.
Registration
1-The public counterparts maintain an updated record of the contracts concluded.
2-The contracts are available for consultation, pursuant to the law.
SUBSECTION II
In the freguesies
Article 114.
Scope of the delegation of competences
The municipalities concretize the delegation of competences in the freguesies in all
fields of the own interests of the populations of these, in particular in the framework of the
services and activities of proximity and direct support to local communities.
Article 115.
Legal delegation
1-Considered delegated to the freguish joints the following competences of the chambers
municipal:
a) Manage and ensure the maintenance of green spaces;
b) Ensure the cleaning of the roads and public spaces, gutters and sinks;
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c) Maintain, repair and replace the urban furniture installed in the public space,
with the exception of the one that is object of concession;
d) To manage and ensure the current maintenance of fairs and markets;
e) Ensuring the realization of small repairs in the establishments of
preschool education and the first cycle of basic education;
f) To promote the maintenance of the surrounding spaces of the establishments
referred to in the preceding paragraph.
2-Considered still delegated to the freguish joints, when provided for in law, the
prior control skills, conduct of surveys and supervision of cameras
municipal in the following areas:
a) Use and occupation of the public route;
b) Advertising attachment of a commercial nature;
c) Operating activity of fun machines;
d) Improvised precincts;
e) Realisation of sporting spectacles and amusements on the public track, gardens and
other public places outdoors, without prejudice to the provisions of paragraph (c) of the n.
3 of Article 16;
f) Activity of warden-noturno;
g) Realization of occasional camps;
h) Realization of bonfires and burnings.
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Article 116.
Agreements for implementation
1-The municipal chambers and the freguesia joints conclude an implementing agreement that
expressly provides for the necessary human, patrimonial and financial resources and
sufficient for the exercise of all or some of the powers provided for in the article
previous.
2-It shall apply, with due adaptations, the provisions of Article 98 (98), in paragraph 2 of the
article 103, in Article 104 and in Article 118 (1).
Article 117.
Cessation
1-The term of the implementation agreement coincides with the length of the term of office of the
deliberative body of the municipality, save excecional cases, duly substantiated,
and without prejudice to the provisions of the following number.
2-Until the entry into force of the implementing agreement, the powers provided for in the article
115. are exercised by the city hall.
3-The implementing agreement considers itself to be renewed after the installation of the deliberative body
of the municipality, not determining the change of the holders of the organs of the municipality and of the
freguesia to its expiry, without prejudice to the provisions of the following number.
4-The deliberative body of the municipality may authorise the denunciation of the implementing agreement,
within six months after its installation.
5-It shall apply, with due adaptations, to the provisions of paragraphs 2, 5, 6 and 7 of Article 106.
6-The provisions of the final part of paragraph 2 shall apply to the cases of expiry and resolution of the
execution agreement.
7-The execution agreement is not susceptible to revocation.
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Article 118.
Equality and non-discrimination
1-In the realization of the delegation of competences, and in respect of the principles of
equality and non-discrimination referred to in points a) and b) of Article 104, the
municipalities consider, in particular, criteria related to caraterization
geographical, demographic, economic and social media of all the freguesias covered by the
respects territorial circumscription.
2-It shall apply, with due adaptations, to the provisions of Article 98 (4).
Article 119.
Period of duration
1-The provisions of paragraphs 1, 2 and 3 (112) shall apply.
2-The deliberative body of the freguesia shall in no case authorize the denunciation of the
execution agreement.
Title V
Associativism autarctic
Article 120.
Associativism autarctic
Local authorities may constitute among themselves associations for the realization of purposes
special, pursuant to the Civil Code and the present law.
Article 121.
Constitution and legal regime
1-A The constitution of the associations referred to in the preceding Article shall be preceded by deliberation
of the respective municipal assemblies and is communicated to the service of the administration
central responsible for the monitoring of local authorities.
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2-Associations shall be governed by the standards of this Law and other legislation applicable to the
public collective persons, as well as by the respected statutes and regulations
internal, being subject:
a) To the constitutional principles of administrative law;
b) To the general principles of administrative activity; and
c) To the principles of advertising, competition and non-discrimination in
matter of recruitment of personnel.
3-Are, specifically, applicable to the associations referred to in paragraph 1, whatever they may be
the particularities of its statutes and its management regime:
a) The Code of Administrative Procedure;
b) The Code of Public Procurement;
c) The laws of administrative litigation;
d) The law of organization and process of the Court of Auditors and the regime of jurisdiction
and financial control of the Court of Auditors and the Inspectorate General of Finance;
e) The legal regime of the administrative tutelage;
f) The legal regime of the financial and heritage administration of the State;
g) The legal regime of incompatibilities and impediments of public office and
of workers in public functions, including incompatibilities
provided for in Articles 78 and 79 of the Status of Representation;
h) The legal regime applicable to employees performing public duties;
i) The scheme of the realization of public expenditure;
j) The regime of civil liability of the State.
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Article 122.
Articulation
1-The associations provided for in this title articulate their activities with the
inter-municipal entities whose territorial constituencies cover the territory of the
associates, in particular in the scope of the areas referred to in Article 111.
2-The associations provided for in this title shall also articulate their activities with
the associations provided for in the legal regime of local business activity and the
local participations that develop their activities in the territory of the associates
of those.
3-The provisions of the preceding paragraph shall apply, with due adaptations, the final part
of paragraph 1.
Title VI
Final provisions
Article 123.
Deadlines
Unless otherwise provided, the deadlines set out in this Law shall be continuous.
Article 124.
Autonomous Regions
1-A This Law applies to the Autonomous Regions of the Azores and Madeira, with the exception
of Title III and without prejudice to the provisions of the following number.
2-The provisions of Chapter I and Sections I and II of Chapter II of Title IV are
applicable, with due adaptations and in the terms of the respects political statutes-
administrative, in the Autonomous Regions of the Azores and Madeira.
