Key Benefits:
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Proposal for Law No 223 /XII
Exhibition of Motives
The National Defense Act and the Organic Law of the Bases of the Armed Forces Organization
(LOBOFA), approved respectively by the Organic Law No. 1-B/2009, of July 7, and
by the Organic Law No. 1-A/2009 of July 7 constitute essential tools for the
organization and operation of the Armed Forces and national defense.
The revision of this second degree stems from the structural reform in national defence and the
Armed forces, henceforth designated by reform "Defence 2020", approved by the Resolution
of the Council of Ministers n. 26/2013 of April 11.
The current LOBOFA, which repealed Law No. 111/91, of August 29, amended by the Law
n. 18/95, of July 13, sought to translate the objectives targeted in the Resolution of the
Council of Ministers No. 39/2008 of February 28. In concrete, " strengthen the
capacity for the exercise of the politico-strategic direction of the Minister of National Defence
and to ensure, at this level, the ability to obtain centralized resources and their efficient
management "; the" structural suitability of the Armed Forces, in the sense of strengthening their
capability of military response "; and the achievement of" efficiency and effectiveness gains and
ensuring a rationalization of structures, at the Ministry of National Defence, in the
State-Biggest-General and in the three branches of the Armed Forces ".
In the follow-up to the Government Programme of the XIX Constitutional Government, which
has established a set of options and structuring measures for national defence, having
into account the budgetary and financial constraints with impact on the operation
of the Armed Forces and the concrete circumstances of the pursuit of the Program of
Economic and Financial Assistance, there was the need to revisit the Concept
Strategic National Defence (CEDN) approved by the Resolution of the Council of
Ministers n. 6/2003, January 20.
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The new CEDN, Resolution of the Council of Ministers No 19/2013 of April 5,
has established as priority action lines, within the framework of the strategic vector concerning the
exercise of national sovereignty, neutralization of threats and risks to national security,
"adapt and streamline structures", and "profiten means and capacities", recognizing that
the " demands of the responses to the current framework of threats and risks make it indispensable that
if you take into account the necessary growth capacity of the system of forces, when
required, by convocation or mobilization ".
It is from these priority lines of action that is devised the model of the reform " Defence
2020 ", approving guidelines for the strategic defence planning cycle and for the
reorganisation of the macrostructure of national defence and the Armed Forces, which
conforms a greater integration of command and direction structures and of organs and
administrative and logistical services, as a reflection of a philosophy and operative practice that
privilege the joint acting.
It is therefore apparent that structural reform has underlying the application of
new processes and methods, which determine new concepts of employment and
operation of the Armed Forces, maxime a new military strategic concept and the
reach reconfiguration of the system of forces and the device of forces, which cannot
stop to determine the qualitative improvement or reorganization of the macrostructure
of national defense and the Armed Forces. Thus, the guidelines in this framework constitute
as the second pillar in the continuation of work arising from the CEDN and which
lead to the drafting of the proposed law updating the LOBOFA, which now presents itself
to the Assembly of the Republic.
In effect, gated changes have as a genetic reference the established goals
in the reform "Defence 2020".
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In this sense, it is expected that the Chief of the State-General of the Armed Forces
(CEMGFA) is responsible for the planning and implementation of the military strategy
operational, " having in its hierarchical reliance on the Joint Chiefs of Staff
for the issues involving the readiness, employment and livelihood of the forces and means of the
operating component of the system of forces ", responding in permanence to the
Government, through the Minister of National Defence, for the military's responsiveness of the
Armed forces.
In this way, the Joint Chiefs of Staff (CEM) of the branches relate directly to
the CEMGFA, as commanders, " for the issues involving the preparedness, employment
and the sustainment of the forces and means of the operational component of the system of forces ", and
still " on the aspets related to military information and security, higher education
military, military health and other areas of joint or integrated activity ".
The direct relationship of the CEM with the Minister of National Defence justifies only
" on the aspets related to the current management of resources of the respective branch, as well as
with the operation of the organs, services or systems regulated by own legislation ",
but, on the other hand, it goes on to compete with the Council of Chiefs of Staff (CCEM)
" to set out guidelines regarding the management of the resources affections to the Armed Forces in its
set " what is consenting, yet, with the fact that they have been eliminated all the
mentions to approved private missions of the branches.
Concomitantly, set out, in the plan of the principles of the organization of the Forces of the
Armed forces that this is based on a vertical and hierarchical structure, being defined
the types of levels of authority (hierarchical, functional, technical, and coordination) that
can characterize the relationship between the different organs.
From among the provisions with impact to the level of the strengthening of the strategic direction-military of the
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CEMGFA, avulate the possibility of the CEMGFA, after hearing the CCEM, " propose to the
Minister of National Defence measures and actions having aiming for sustained management and
sustainable resources of the affective resources to the Armed Forces as a whole " and the assumption of the
CCEM as " CEMGFA's consultation body on the matters concerning the Forces
Armed within the framework of their competences ".
Another innovative aspea consists in the possibility that the CEMGFA will issue subsequent opinion,
when requested by the Minister of National Defence, on the deliberations of the CCEM,
particularly on the elaboration of the military strategic concept, of the projects of
definition of the specific missions of the Armed Forces, the system of forces and the
device of forces, or still on the previeheads of the proposed programming law
military and military infrastructure programming law, the criteria for the
functioning of military health and integrated higher education.
It is further established that the " device of forces establishes the relationship between the commands
operational, forces, units and means of the operational component of the system of forces
with the infrastructure or elements of the fixed component of the system of forces that give them
support ".
Finally, in the framework of military higher education and military health, the EMGFA passes the
guarantee the conditions for its functioning. In this way, it is expressly provided for the
future Military University Institute and the future Military Health Direction, placed in the
Dependence of the EMGFA, respectively, in the scope of military higher education and the
military health system.
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 proposed law:
Article 1.
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Object
This Law proceeds to the first amendment to the Organic Law of Bases of the Organization of the
Armed forces, approved by the Organic Law n. 1-A/2009, of July 7.
Article 2.
Amendment to the Organic Law No. 1-A/2009 of July 7
Articles 1, 5, 6, 8, 10, 13, 14, 15, 16, 17, 19, 21, 21, 21, 21, 21, 21, 21, 21, 21, 21
22, 24, 25 and 26 of the Organic Law No. 1-A/2009 of July 7, they go on to have the following
essay:
" Article 1.
[...]
1-The Portuguese Armed Forces are an essential pillar of national defense and
constitute the structure of the State which has as a fundamental mission
guarantee the military defence of the Republic.
2-[...].
3-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [ Repealed ].
4-[...].
5-In addition to the organs referred to in the previous figures, they are directly
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responsible for the Armed Forces and the military component of the defence
national:
a) [ Repealed ];
b) [...];
c) The Joint Chiefs of Staff of the Armada, the Army and the Force
Air.
6-Constitutions still bodies of consultation in national defence, the
Top Military Council and the Council of Chiefs of Staff.
Article 5.
[...]
1-The system of forces defines the set of capacities that must exist
for the fulfillment of the missions of the Armed Forces, identifying the
types and quantitative of forces and means, taking into account their proper
operational complementarity.
2-[...]:
a) [...];
b) A fixed component, encompassing the set of commands,
units, establishments, organs and services essential to the organisation
and general support of the Armed Forces and their branches.
3-[...].
4-[...].
5-The device of forces establishes the relationship between the commands
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operational, forces, units and means of the operational component of the
system of forces with the infrastructures or elements of the fixed component
of the system of forces that give them support.
6-[ Previous Article No 5 ].
Article 6.
[...]
1-[...].
2-[...]:
a) [...];
b) The complementarity between the State-Major General of Forces
Armed and the branches, avoiding unnecessary duplications and creating
joint bodies, inter-branches or support for more than one branch always
what objective reasons advise you;
c) [...];
d) Within the framework of the attributions affected to the Ministry of National Defence, the
provision of human resources and materials needed by the
performance of the skills of organs or services regulated by
own legislation, namely the National Maritime Authority and
the National Aeronautical Authority.
3-[...].
4-A The organisation of the Armed Forces is based on a vertical structure and
hierarchized, whose organs relate through the following levels of
authority:
a) Hierarchical;
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b) Functional;
c) Technique;
d) Of coordination.
5-For the purposes of the provisions of the preceding paragraph:
a) The hierarchical authority is the command line that establishes the
dependence on an organ or service in the structure of the Armed Forces
in relation to the military organs of command of the Armed Forces;
b) Functional authority is the type of authority conferred on an organ
to superintend processes, in the framework of the respect areas or
specific activities, without any such adding disciplinary competence;
c) Technical authority is the type of authority that allows for a holder
fix and disseminate standards of a specialized nature, without any such include
disciplinary competence;
d) The coordinating authority is the type of authority conferred upon the
subordinate bodies, at any level, to consult or coordinate
directly an action with a command or entities, inside or outside
of the command line of command, without such an added competence
discipline.
Article 7.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
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d) The military organs of council.
2-The military commanding bodies of the Armed Forces are the Chief of the
State-Major-General of the Armed Forces and the Joint Chiefs of Staff
of the Armada, the Army and the Air Force.
Article 8.
[...]
1-[...].
2-The EMGFA has yet as a mission to ensure the conditions for the
operation of military higher education and military health, under the terms of the
law.
3-[...].
Article 9.
[...]
1-The EMGFA is headed by the Chief of the State-Major General of the Forces
Armed and comprises:
a) The joint command for military operations;
b) The commands of the Azores and Madeira;
c) The state-majority;
d) The military's information and security organ;
e) [ Repealed ];
f) [...].
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2-Within the scope of the EMGFA to be still as organs in dependence
direct from the Chief of the State-Major-General of the Armed Forces and regulated
by own legislation:
a) The Military University Institute;
b) The Direction of Military Health.
3-Joint command for military operations ensures the exercise of the
operational command of the forces and means of the operational component of the
system of forces, by the Chief of the State-Major General of the Forces
Armed, in all manner of situations and for the missions of the Forces
Armed, with the exception of those regulated by own legislation and assigned to the
branches, as well as the connection with the security forces and services and others
state bodies related to safety and defence and protection
civil, within the scope of its assignments.
4-The commands of the Azores and Madeira are intended to ensure the
planning, joint operational training and operational employment of the
forces and means that are assigned to them.
5-The state-largest, of a joint nature, ensures level planning
military strategic and the support for the decision of the Chief of the State-Major-General
of the Armed Forces.
6-The military information and security body ensures the production of
information necessary for the fulfillment of the missions of the Armed Forces and
to the guarantee of military security.
7-[ Revoked ].
8-[ Revoked ].
9-[ Revoked ].
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10-[...].
Article 10.
[...]
1-[...].
2-The Chief of the State-Major-General of the Armed Forces is responsible for the
planning and implementation of operational military strategy, having in the
its hierarchical dependence on the Chiefs of Staff of the branches, for the
issues involving preparedness, employment and sustaining forces and
means of the operational component of the system of forces, responding in
remain before the Government, through the Minister of National Defence,
by the military response capacity of the Armed Forces.
3-In situation not arising from the state of war, the Chief of the General Staff-
General of the Armed Forces, as operational commander of the Forces
Armed, is the responsible for the employment of all the forces and means of the
operating component of the system of forces, for compliance with the
missions of an operational nature, in the external and internal plans.
4-In the context of the said in the preceding paragraph, the Chief of the General Staff-
General of the Armed Forces has the operational command over the forces and
means that constitute themselves in their dependence, having as a subordinate
direct, to that effect, the commanding respects.
5-A The sustainment of the forces and means referred to in the preceding paragraph competes to the
branches of the Armed Forces, depending on the respective Heads of State-
Largest of the Chief of the General Staff-General of the Armed Forces, for this
effect.
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Article 11.
[...]
1-[...]:
a) Planning, directing and controlling the implementation of the strategy of military defence,
superiorly approved, ensuring the articulation between the levels
politico-strategic and strategic-operational, in close connection with
the Heads of Staff of the branches;
b) To ensure the command of military operations at the strategic levels and
operational;
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
i) [...];
ii) Follow up on the implementation of the military programming law, without
injury to the specific competences of other organs and
services of the Ministry of National Defence;
h) Manage, in coordination with the branches, the systems of command,
control, communications and military information, including the respect
safety and definition of the operational and technical requirements, in
observance of the integrative policy established for the area of
information systems and information and communication technologies
in the universe of national defense;
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i) To ensure the service of communications and information systems, and the
operation of the cyberdefence centre;
j) Directing the military information and security body of nature
strategic-military and operational, to the advantage of planning and
conduct of the missions committed to the Armed Forces and the actions
necessary for the guarantee of military security, in articulation with the
Chiefs of Staff of the branches, specifically in the aspets
relative to the definition of the geospatial data architecture, à
uniformity of the doctrine and procedures and the formation of
human resources;
k) Driving, within the framework of your competences and under guidance from the
Minister of National Defence, the participation of the Armed Forces in the
external plan, specifically in relations with military bodies
from other countries or international and other nature activities
military, in the bilateral and multilateral plans, including the participation of the
branches of the Armed Forces in joint actions of cooperation
technical-military in commitments arising from the respects
framework programs coordinated by the Directorate General of Policy of
National Defence;
l) [...];
m) [...];
n) Drive the conceit and the processes of approval, ratification and
implementation of the joint and combined military doctrine, in
articulation with the Chiefs of Staff of the branches;
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o) Driving military higher education, in coordination with the Heads of
General Staff of the branches and the Commander-General of the National Guard
Republican, in the sense of promoting doctrine and military training
of the officers of the Armed Forces and the Republican National Guard;
p) Directing the hospital assistance provided by the bodies of the service of
military health, specifically by the Hospital of the Armed Forces, in
observance of the health policies in the military approved by the
Minister of National Defence;
q) Drive the units, establishments and organs placed in your
dependency, specifically to practise the acts of management relatively
to military and civilian personnel that integrates those organs, without prejudice to the
competence of the Heads of Staff of the branches to which the staff
military belongs;
r) Exercising assignments that fit you in the framework of military justice and
administer the discipline in the units, establishments and bodies of themselves
dependent;
s) [...];
t) [...];
u) To study and plan the preparation of the passage of the Armed Forces to
the state of war, particularly as to the mobilization and requisition
military and the form of participation of the non-military components of the
national defence in support of military operations, in articulation with
the competent departments of the Ministry of National Defence;
v) [...];
x) [...];
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z) Issue opinion on the deliberations laid down in Article 19 (3),
when requested by the Minister of National Defence.
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) Define the conditions of the employment of forces and means of the component
operational system of forces in the fulfillment of the missions and
tasks referred to in points and ) and f ) of Article 4 (1);
f) To propose the constitution and extinction of joint forces;
g) Give advice on the annual budget and framework projects
multi-annual budget of the national defence, in the aspets that have
incidence on the operational capability of the forces;
h) To propose to the Minister of National Defence measures and actions targeting the
sustained and sustainable management of the resources affective to the Armed Forces
as a whole;
i) To propose to the Minister of National Defence the appointment and exoneration
of the commanders of the operational commanders and the commanders,
directors or heads of the bodies referred to in points a ), b ) and d ) of paragraph 1
and in Article 9 (2);
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j) To propose to the Government, through the Minister of National Defence, the
nominations and exonerations that are formulated by your initiative,
specifically of the commanders or military representatives along
of the international organizations that Portugal is a part of, and the
general officers, naval, ground or air force commanders, to
the fulfilment of international missions;
l) [ Previous point (i) ];
m) Approve and ratify the joint and combined military doctrine.
Article 13.
[...]
The Chief of the State-Major-General of the Armed Forces is replaced, in his
absence, lack or hindrance, by the Chief of Staff of the branch in
functions longer.
Article 14.
[...]
The branches of the Armed Forces-Navy, Army and Air Force-have for
main mission to participate, in an integrated manner, in the military defence of the Republic,
in the terms of the provisions of the Constitution and the law, being fundamentally
vocationalized for the generation, preparation and sustaining of the forces of the
operating component of the system of forces, ensuring also the
compliance with the missions regulated by own legislation and the missions of
operational nature that are assigned to them by the Chief of the General Staff-
General of the Armed Forces.
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Article 15.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) The elements of the operational component of the system of forces.
2-The Member States constitute the planning bodies and support for the
decision of the respective Joint Chiefs of Staff and may take up duties
of direction, control, advice or inspection.
3-The central bodies of administration and direction have functional character and
aim to ensure the direction and execution of specific areas or activities
essential, specifically, in the management of human resources, materials,
financial, information and infrastructure.
4-The component-naval, land and air commands-are intended to
support the exercise of the command by the Chiefs of Staff of the
branches, having in view:
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a) The preparation, the aphortation and the livelihood of the forces and means of the
respects the operational component of the system of forces, and still, the
compliance with the missions regulated by own legislation and other
missions that are assigned to them, keeping the Head of the
State-Biggest-General of the Armed Forces permanently
informed of the forces and means committed and of development and
results of the respective operations;
b) [...].
5-For the purpose of support for the exercise of the command by the Head of the
State-Major-General of the Armed Forces, the component commands
mentioned in the previous number can be placed in your dependency
direct, in accordance with the modalities of command and control applicable to
specific situations of operational employment of forces and means, to be defined
case-by-case.
6-[ Previous Article No 5 ].
7-[ Previous Article No 6 ].
8-[ Previous n. 7].
9-[ Previous Article No 8 ].
10-Integrate still the organic of the branches, in the Navy, the Hydrographic Institute
and the Maritime Search and Rescue Service, and, in the Air Force, the Service
of Search and Air Rescue.
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Article 16.
Chiefs of Staff of the branches
1-The Joint Chiefs of Staff of the Armada, the Army and the Air Force
run the respects branches and are the highest military chiefs
authority in its hierarchy, being the chief advisors of the Minister
of National Defence and the Chief of the State-Major General of the Forces
Armed in all the specific subjects of your branch.
2-In the frame of the missions committed to the Armed Forces, in situation no
arising from the state of war, the Chiefs of Staff of the branches
integrate the operational command structure of the Armed Forces, as
subordinate commanders of the Chief of the State-Major General of the Forces
Armed, for the issues involving preparedness, employment and
sustaining the forces and means of the operational component of the system of
forces.
3-The Chiefs of Staff of the branches are still responsible for the
compliance with the missions regulated by own legislation and the missions of
operational nature that are assigned to them by the Chief of the General Staff-
General of the Armed Forces.
4-The Chiefs of Staff of the branches relate directly to the
Head of the State-Major General of the Armed Forces, in addition to the said
in paragraph 2, on the aspets related to the information and security
military, military higher education, military health and other areas of activity
joint or integrated.
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5-The Chiefs of Staff of the branches relate directly to the
Minister of National Defence, in the aspements related to the management
current of resources of the respect branch, as well as with the functioning
of the organs, services or systems regulated by own legislation.
Article 17.
Competences of the Chiefs of Staff of the branches
1-[...]:
a) [...];
b) [...];
c) [...];
d) Exert the command of the forces and means that integrate the component
operational of the system of forces belonging to its branch, always
that are not engaged in missions of direct responsibility
of the Chief of the General Staff-General of the Armed Forces;
e) Keep the Chief of the State-Biggest-General of the Armed Forces
permanently informed about preparedness and commitment
of forces and means of the operational component of the system of forces;
f) [...];
g) [...];
h) [...];
i) [...].
2-Compete still to the Chiefs of Staff of the branches:
a) [...];
b) [...];
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c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) Submit to the Minister of National Defence the specific subjects of the
respect branch, unrelated to the own competences of the
Head of the State-Major General of the Armed Forces.
Article 18.
Appointment of the Heads of Staff of the branches
1-The Chiefs of Staff of the branches are appointed and exonerated by the
President of the Republic, on a proposal from the Government, to which it shall be
preceded by the hearing, through the Minister of National Defence, of the Head of the
State-Biggest-General of the Armed Forces.
2-[...].
3-Where possible, should the Government initiate the process of appointing the
Chiefs of Staff of the branches, at least one month before the vacancy
of the post, so as to allow at this time the immediate replacement of the
respect holder.
4-[...].
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Article 19.
[...]
1-The Council of Chiefs of Staff is the main military body of
coordinator character with administrative competences laid down in the law,
constituting also the consultation body of the Chief of the General Staff-
General of the Armed Forces on the matters relating to the Armed Forces
within the framework of their competences.
2-Are members of the Council of Chiefs of Staff, the Chief of the
State-Major-General of the Armed Forces, who presides and has a vote of
quality, and the Chiefs of Staff of the branches, without prejudice to other
military entities may be invited to participate in their meetings,
without right to vote.
3-[...]:
a) [...];
b) The elaboration of the design projects of the specific missions of the
Armed forces, the system of forces and the device of forces;
c) [...];
d) [ Previous point (e) ];
e) The criteria for the operation of military higher education
integrated, in the sense of promoting doctrine and military training
joint of the officers of the Armed Forces;
f) The criteria for the operation of military health;
g) [ Previous point (h) ];
h) The proposal for the appointment of military judges, under the law;
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i) [...].
4-[...]:
a) [...];
b) [...];
c) [...];
d) The options for military response in the framework of strategic assessment for
the employment of forces.
e) [ Previous point (d) ];
f) The appointment of the commander-in-chief of the Republican National Guard,
if the same relapse into officer general of the Armed Forces;
g) Any matters that are submitted to your assessment by the
Minister of National Defence, as well as on others that the Chief of the
State-Major-General of the Armed Forces understand to submit by
initiative of its own, or the solicitation of the Joint Chiefs of Staff
branches.
5-Compete to the Council of Chiefs of Staff set out guidelines
relating to the management of the affections resources to the Armed Forces as a whole.
6-[ Previous Article No 5 ].
Article 20.
[...]
1-[...].
2-Other organs of council of the branches, specifically the advice of
classes in the Navy, the advice of weapons and services in the Army and
specialty advice in the Air Force, are set out in special law.
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3-[ Revoked ].
4-[ Revoked ].
Article 21.
[...]
1-From the acts of the Chief of the State-Major General of the Armed Forces and the
Chiefs of Staff of the branches are not up to hierarchical appeal.
2-In the jurisdictional processes that have per object the action or omission of
organs of the Armed Forces in matters of discipline and administration of
personnel, the respondent party is the State-General Staff of the Armed Forces
or the respect branch, as the cases, being represented in judgment by
counsel or by law licensee with legal support functions,
constituted or designated by the Chief of Chief of Staff.
Article 22.
[...]
1-[...].
2-[...].
3-In a state of war, commandos can be constituted-chiefs, in the
dependency of the Chief of the State-Major-General of the Armed Forces, with
the goal of allowing the conduct of military operations, avails of the
Commanding commanders-heads of the skills, forces and means that
are heard by letter of command.
4-[ Previous Article No 3 ]:
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a) Directly or through the commanders-chiefs to the command
operational, having as commanders adjoining the Heads of State-
Largest of the branches;
b) Through the Chiefs of Staff of the branches for the aspets
administrative-logistics.
5-The Chiefs of Staff of the branches respond by the execution of the
superior directives and guarantee the performance of the respective forces in the face of the
Head of the State-Major General of the Armed Forces, depending on this
on all the aspets.
6-[ Previous Article No 5 ].
7-[ Previous Article No 6 ].
Article 23.
Common rules as to the appointment of Joint Chiefs of Staff
1-The Chief of the State-Major General of the Armed Forces and the Heads of
General Staff of the branches are appointed, from among admirals, deputy
almirants, generals or tenures-generals, in the asset situation, by a
period of three years, extended for two years, without prejudice to the faculty
of exoneration at all time and from exoneration by age limit.
2-In the extension of the mandates of the Chief of the Chief of the State-Major General of the
Armed forces and the Chiefs of Staff of the branches must be
complied with all legal formalities provided for the purpose of appointment,
with the exception of the hearings provided for in Article 18 (1) and 2.
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3-To the proposed military for the posts of Chief of the State-Major-General
of the Armed Forces and Chiefs of Staff of the branches, to which
match the rank of admiral or four-star general, it is, since the
date of the proposal of the Government, suspended the age limit of passage to
reservation, prolonging the suspension, relatively to the nominee, until the
term of the term of office.
Article 24.
[...]
1-[...].
2-Compete to the President of the Republic, on a proposal from the Government, formulated
after initiative of the Chief of the General Staff-General of the Armed Forces and
approved by the National Defense Council of National Defense, appoint and exonerate
the commanders-bosses.
3-Compete to the Minister of National Defence to appoint and exonerate, under proposal
of the Chief of the General Staff of the respected branch, the holders of the posts
following:
a) Deputy chiefs of staff of the branches;
b) [...];
c) [ Repealed ].
4-Compete to the Minister of National Defence, on a proposal from the Chief of the
State-Major-General of the Armed Forces, heard the Council of Heads
of the Joint Chiefs of Staff, appoint and exonerate the holders of the following posts of the
structure of the EMGFA:
a) Commander of the operational level command;
b) Commanders of the commands of the Azores and Madeira;
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c) Head of the military information and security body;
d) Director of the Military University Institute;
e) Director of Military Health.
5-[...].
6-To the proposed military for military posts in organizations
international that Portugal is a part of and the one that corresponds to the post of
admiral or general, it is, since the date of the proposal of the Government, suspended the
age limit of passage to the reserve, prolonging the suspension,
relatively to the nominee, until the term of the respective term of office.
Article 25.
[...]
1-The promotions to officer general, as well as the promotions of officers
generals, from any branch of the Armed Forces are effected by
deliberation in that sense of the Council of Chiefs of Staff,
preceded by proposal of the Chief of the Chief of the General Staff, heard the
top council of the branch.
2-[...].
3-Promotions up to the rank of colonel or captain-of-the-sea-and-war effectuate
if exclusively in the scope of the Armed Forces, ears the organs of
advice from the branches provided for in Article 20 (2)
Article 26.
[...]
1-[...].
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2-To ensure the cooperation provided for in the preceding paragraph, they are established
procedures that guarantee the interoperability of equipment and
systems, as well as for the use of means.
3-Compete to the Chief of the State-Major-General of the Armed Forces and the
Secretary General of the Internal Security System to ensure among themselves the
implementation of the coordination measures, for the anticipated effects on the
previous figures, without prejudice to the provisions of the Internal Security Act. "
Article 3.
Transitional provisions
1-As long as the bodies and services of higher education are not regulated
military and military health, the specific provisions of the Act remain in force
n 1-A/2009, of July 7, and of the diplomas that discipline the correspondents
subjects.
2-The provisions of the c ) of the following article produces effects from the beginning of the year
letivo 2014/2015.
Article 4.
Abrogation standard
They are revoked:
a) The point and ) of paragraph 3 and (3) a ) of Article 1 (5), paragraph 1 and ) of paragraph 1 and the
n. paragraphs 7 a to 9 of Article 9, paragraphs 3 and 4 of Article 20 and (4) c ) of paragraph 3 of the
Article 24 of the Organic Law n 1-A/2009 of July 7;
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b) All provisions in the scope of polytechnic public higher education
relating to the School of the Military Health Service, namely, the and ) from the
n 1 and Article 4 (5) and (4) of Article 13 of the Decree-Law No 37/2008,
of March 5, as amended by Decree-Law No. 27/2010 of March 31, which
confers on this school the status of higher education establishment
military public.
Article 5.
Republication
1-It is republished, in the Annex to this Law, of which it is an integral part, the Organic Law
n 1-A/2009, of July 7, with the current essay.
2-For the purpose of republication, the epiggraft of section IV of Chapter II passes the following
essay: "Chiefs of Staff of the branches".
Article 6.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of April 17, 2014
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
(referred to in Article 5)
Republication of the Organic Law No. 1-A/2009 of July 7
CHAPTER I
General principles
Article 1.
Armed forces
1-The Portuguese Armed Forces are an essential pillar of national defence and constitute
the structure of the state which has as the fundamental mission to guarantee the military defence of the
Republic.
2-The Armed Forces obey the competent organs of sovereignty, pursuant to the
Constitution and the law, and integrate into the direct administration of the state, through the
Ministry of National Defence.
3-The State organs directly responsible for national defense and the Forces
Armed are the following:
a) President of the Republic;
b) Assembly of the Republic;
c) Government;
d) Top National Defense Council;
e) [ Repealed ].
4-The Minister of National Defence is politically responsible for the elaboration and implementation
of the military component of the national defense policy, by the administration of the Forces
Armed and results of your employment.
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5-In addition to the organs referred to in the preceding paragraphs, they are directly responsible for the
Armed forces and by the military component of national defense:
a) [ Repealed ];
b) The Chief of the State-General of the Armed Forces;
c) The Joint Chiefs of Staff of the Armada, the Army and the Air Force.
6-Constitutions still bodies of consultation in national defence, the Council
Superior Military and the Council of Chiefs of Staff.
Article 2.
Operation of the Armed Forces
1-A The military defence of the Republic, guaranteed by the State, is ensured in exclusive by the
Armed forces.
2-The operation of the Armed Forces is directed towards its permanent preparation,
with a view to their acting to cope with any kind of aggression or threat
external.
3-A The acting of the Armed Forces develops in the respect of the Constitution and the law,
in execution of the defined national defence policy and the strategic defence concept
national approved, and in such a way as to correspond to established standards and guidelines
in the following structuring documents:
a) Military strategic concept;
b) Missions of the Armed Forces;
c) System of forces;
d) Device of forces.
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Article 3.
Military strategic concept
1-The military strategic concept, stemming from the strategic concept of national defence
approved, sets out the broad conceptual lines of acting of the Armed Forces and the
general guidelines for your preparation, employment and livelihood.
2-The military strategic concept is drawn up by the Council of Chiefs of Staff,
approved by the Minister of National Defence and confirmed by the Higher Council of
National Defense.
Article 4.
Missions of the Armed Forces
1-Under the Constitution and the law, it is incumbent on the Armed Forces:
a) Perform all the military missions necessary to ensure sovereignty, the
national independence and the territorial integrity of the State;
b) Participate in the international military missions necessary to secure the
international commitments of the state in the military sphere, including missions
humanitarian and peace assumed by the international organizations that Portugal
take part;
c) Carry out missions abroad of the national territory, in an autonomous framework or
multinational, designed to ensure the safeguarding of the life and interests of the
Portuguese;
d) Carry out the actions of military-technical cooperation, in the framework of national policies
of cooperation;
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e) Cooperate with the forces and security services with a view to compliance
conjugate of the respective missions in the combat of aggressions or threats
transnational;
f) Collaborate on civil protection missions and job satisfaction-related tasks
of basic needs and the improvement of the quality of life of populations.
2-The Armed Forces may be employed, pursuant to the Constitution and the law, when
if you check the state of site or emergency.
3-Specific missions of the Armed Forces arising from the missions set out in the
previous figures are approved by the National Defense Council, under
proposal of the Minister of National Defence, drawn up on the basis of a project of the Council
of Joint Chiefs of Staff.
Article 5.
System of forces and device of forces
1-The system of forces defines the set of capacities that must exist for the
compliance with the missions of the Armed Forces, identifying the types and quantitative of
forces and means, taking into account their proper operational complementarity.
2-The system of forces consists of:
a) An operational component, encompassing the set of forces and means
related to each other in an integrated operational employment perspement;
b) A fixed component, encompassing the set of commands, drives,
establishments, organs and services essential to the organisation and general support of the
Armed forces and their branches.
3-The system of forces shall, in the time limits accepted in the general defence plans or in the
contingency plans, dispose of capacity to reach the levels of forces or means
in them considered.
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4-The system of forces is approved by the National Defense Council, under
proposal of the Minister of National Defence, drawn up on the basis of a project of the Council
of Joint Chiefs of Staff.
5-The device of forces establishes the relationship between the operational commands, forces,
units and means of the operational component of the system of forces with the
infrastructures or elements of the fixed component of the system of forces that give them
support.
6-The device of forces is approved by the Minister of National Defence, on the basis of
proposal of the Council of Chiefs of Staff.
Article 6.
General principles of organisation
1-A The organization of the Armed Forces has as essential goals the apronment
efficient and effective operational employment of forces in the fulfillment of the missions
assigned.
2-A The organization of the Armed Forces is governed by principles of efficacy and rationalization,
owing, in particular, to ensure:
a) The optimization of the relationship between the operating component of the system of forces and the
its fixed component;
b) The complementarity between the State-Major General of the Armed Forces and the
branches, avoiding unnecessary duplications and creating joint organs, inter-
branches or support to more than one branch whenever objective reasons advise you;
c) The correct use of human, military or civil potential, promoting full and
proper harnessing of the permanent frames and ensuring a correct
proportion and articulation between the various forms of effective service delivery;
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d) Within the framework of the attributions affected to the Ministry of National Defence, the
provision of human resources and materials required for the performance of the
skills of organs or services regulated by own legislation,
notably the National Maritime Authority and the Aeronautics Authority
National.
3-In respect for its fundamental mission, the organization of the Armed Forces shall
allow the transition to the state of war to take place with the minimum of changes
possible.
4-A The organisation of the Armed Forces is based on a vertical and hierarchical structure,
whose organs relate through the following levels of authority:
a) Hierarchical;
b) Functional;
c) Technique;
d) Of coordination.
5-For the purposes of the provisions of the preceding paragraph:
a) The hierarchical authority is the command line that establishes the
dependency on an organ or service in the structure of the Armed Forces in
relation to the military organs of command of the Armed Forces;
b) The functional authority is the type of authority conferred on an organ for
superintending processes, in the framework of respect for areas or activities
specific, without this includes disciplinary competence;
c) The technical authority is the type of authority that allows a holder to fix and
disseminate standards of a specialized nature, without such an added competence
discipline;
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d) The coordinating authority is the type of authority conferred on the organs
subordinates, at any level, to consult or coordinate directly
an action with a command or entities, in or out of the respect
command line, without any such adding disciplinary competence.
Article 7.
Structure of the Armed Forces
1-A The structure of the Armed Forces comprises:
a) The State-Major General of the Armed Forces;
b) The three branches of the Armed Forces, Navy, Army and Air Force;
c) The military organs of command of the Armed Forces;
d) The military organs of council.
2-The military commanding bodies of the Armed Forces are the Chief of the
State-Major-General of the Armed Forces and the Joint Chiefs of Staff of the Armada,
of the Army and the Air Force.
CHAPTER II
Organization of the Armed Forces
SECTION I
State-Biggest-General of the Armed Forces
Article 8.
State-Biggest-General of the Armed Forces
1-The State-Major General of the Armed Forces, abbreviated by EMGFA,
has by general mission to plan, drive and control the employment of the Armed Forces in the
fulfillment of the missions and operational tasks that these are incumbent upon.
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2-The EMGFA has yet as a mission to ensure the conditions for the operation of the
military higher education and military health, in the terms of law.
3-The EMGFA constitutes itself as the headquarters of the Armed Forces, comprising the
set of the appropriate structures and capacities to support the Head of the
State-Major-General of the Armed Forces in the exercise of their powers.
Article 9.
Organization of the State-Major General of the Armed Forces
1-The EMGFA is headed by the Chief of the Chief of Staff-General of the Armed Forces and
understands:
a) The joint command for military operations;
b) The commands of the Azores and Madeira;
c) The state-majority;
d) The military's information and security organ;
e) [ Repealed ];
f) The general support bodies.
2-Within the scope of the EMGFA to be still as organs in the direct dependence of the Chief
of the State-Major General of the Armed Forces and regulated by own legislation:
a) The Military University Institute;
b) The Direction of Military Health.
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3-Joint command for military operations ensures the exercise of the command
operational of the forces and means of the operational component of the system of forces, by the
Head of the State-Major General of the Armed Forces, in all manner of situations and
for the missions of the Armed Forces, with the exception of those regulated by own legislation
and assigned to the branches, as well as the connection with the security forces and services and
other State bodies related to safety and defence and civil protection,
within the scope of its assignments.
4-The commands of the Azores and Madeira are intended to ensure the planning, the
joint operational training and the operational employment of the forces and means that
are assigned.
5-The state-largest, of a joint nature, ensures strategic level planning
military and the support for the decision of the Chief of the Chief of the General Staff of the Armed Forces.
6-The military information and security body ensures the production of information
necessary for the fulfillment of the missions of the Armed Forces and the security guarantee
military.
7-[ Revoked ].
8-[ Revoked ].
9-[ Revoked ].
10-General support bodies ensure the administrative-logistical supports required by
functioning of the EMGFA.
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SECTION II
Head of the State-Major-General of the Armed Forces
Article 10.
Head of the State-Major-General of the Armed Forces
1-The Chief of the State-Major-General of the Armed Forces is the main military adviser
of the Minister of National Defence and the head of highest authority in the hierarchy of
Armed forces.
2-The Chief of the State-Major-General of the Armed Forces is responsible for the
planning and implementation of operational military strategy, having in its
Hierarchical dependence on the Heads of Staff of the branches, for the issues that
involve the preparedness, employment and sustainment of the forces and means of the component
operational of the system of forces, responding in stay before the Government,
through the Minister of National Defence, by the military's capacity for military response
Armed.
3-In situation not arising from the state of war, the Chief of the State-Major-General of the
Armed forces, as the operational commander of the Armed Forces, is the responsible
by the employment of all the forces and means of the operational component of the system of
forces, for fulfillment of the missions of operational nature, in the external plans and
internal.
4-In the context of the said in the preceding paragraph, the Chief of the State-Major-General of the
Armed forces has the operational command over the forces and means that constitute
in their dependence, having as direct subordinates, to that effect, the respects
commanders.
5-A The sustainment of the forces and means referred to in the preceding paragraph competes in the branches of the
Armed forces, depending on the respective Chiefs of Staff of the Chief of the
State-Major-General of the Armed Forces, for this purpose.
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Article 11.
Competencies of the Chief of the Chief of Staff-General of the Armed Forces
1-Compete to the Chief of the State-Major-General of the Armed Forces:
a) Planning, directing and controlling the implementation of the strategy of military defence,
superiorly approved, ensuring the articulation between the political levels-
strategic and strategic-operational, in close connection with the Heads of
General Staff of the branches;
b) To ensure the command of military operations at the strategic and operational levels;
c) Chairing the Council of Chiefs of Staff, availing of a quality vote;
d) Developing the military strategic prospearment, particularly within the framework of the
processing processes;
e) Certify the joint forces and evaluate the state of readiness, availability,
effectiveness and the ability to sustain combat forces, as well as promote
the adoption of corrective measures taken by necessary;
f) In the framework of the planning of forces, assess the military situation, issue the directive
of planning of forces, assessing the military suitability of the force proposals,
draw up the draft proposals of national forces, proceed to the analysis
of risk and draw up the project of national strength goals;
g) Within the scope of military programming:
i) Elaborate, under the planning directive of the Minister of National Defence, the
previeheads of proposed military and law programming law proposals
programming of military infrastructure, concerning the EMGFA;
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ii) Follow up on the implementation of the military programming law, without prejudice to the
specific skills of other organs and services of the Ministry of the
National Defence;
h) Manage, in coordination with the branches, the control systems, control,
military communications and information, including respect for security and definition
of the operational and technical requirements, in observance of the integrative policy
established for the area of information systems and information technologies and
communication in the universe of national defence;
i) To ensure the service of communications and information systems, and the
operation of the cyberdefence centre;
j) Directing the military's information and security body of a strategic nature-
military and operational, to the advantage of the planning and conduct of the missions
committed to the Armed Forces and the actions necessary for ensuring security
military, in articulation with the Chiefs of Staff of the branches,
specifically on the aspets concerning the definition of the data architecture
geospatial, the uniformity of the doctrine and procedures and the training
of human resources;
k) Driving, within the framework of your competences and under the guidance of the Minister of Defence
National, the participation of the Armed Forces in the external plan, specifically
in relations with military bodies in other countries or international and other
activities of a military nature, in the bilateral and multilateral plans, including the
participation of the branches of the Armed Forces in joint actions of cooperation
technical-military in commitments arising from the respective framework programmes
co-ordinated by the Directorate General of National Defence Policy;
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l) Directing the action of the military representatives in diplomatic representations in the
foreign, without prejudice to its functional dependence on the Directorate-General of
National Defense Policy;
m) Planning and directing joint operational training and formulating guidelines for the
training to follow in the combined exercises;
n) Drive the conceit and processes of approval, ratification and implementation of the
joint and combined military doctrine, in articulation with the Heads of State-
Largest of the branches;
o) Driving military higher education, in coordination with the Heads of State-
Largest of the branches and the commander-general of the Republican National Guard, in the
a sense of promoting the doctrine and military training of the officers of the Forces
Armed and the Republican National Guard;
p) Directing the hospital assistance provided by the organs of the military health service,
specifically by the Hospital of the Armed Forces, in observance of the policies
of health in the military scope approved by the Minister of National Defence;
q) Drive the units, establishments and organs placed in their dependence,
specifically practise the acts of management concerning military and civilian personnel
that integrates those organs, without prejudice to the competence of the Heads of
General Staff of the branches to which the military personnel belong;
r) Exercising assignments that fit you in the framework of military justice and administer the
discipline in the units, establishments and bodies of themselves dependent;
s) Submit to the Minister of National Defence the matters of a general nature,
specific of the organs placed in their dependence;
t) To propose the establishment of restrictions on the exercise of the right of ownership,
relatively to confined zones with organizations or military installations in the
your dependence or of interest for National Defence;
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u) To study and plan the preparation of the passage of the Armed Forces to the state of
war, notably as to the military's mobilization and requisition and the manner of
participation of the non-military components of the national defence in support of the
military operations, in articulation with the competent departments of the Ministry of
National Defence;
v) Driving the operations covered by the previous point of war, in the cases
and pursuant to the applicable law;
x) Exercise, in a state of war or of exception, the operational command of the forces of
security when, under the law, those are placed in their dependence;
z) Issue opinion on the deliberations provided for in Article 19 (3), when
requested by the Minister of National Defence.
2-Compete still to the Chief of the State-Major-General of the Armed Forces, heard the
Council of Chiefs of Staff:
a) Elaborate the employment plans of forces, in accordance with the directives of the
Government, and effecting the international coordination necessary to the endeavors
in the multinational framework;
b) Draw up and submit to the approval of the Minister of National Defence the plans of
military defence and contingency plans;
c) To propose to the Minister of National Defence the employment of the Armed Forces in the
satisfaction of international commitments, specifically the options for response
military;
d) Ensuring, with the Secretary General of the Internal Security System, the articulation
operational relating to the cooperation between the Armed Forces and the forces and the
security services for the purposes set out in the paragraph and ) of Article 4 (1);
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e) Define the conditions of employment of forces and means of the operational component
of the system of forces in the performance of the missions and tasks referred to in points and )
and f ) of Article 4 (1);
f) To propose the constitution and extinction of joint forces;
g) Give opinion on the annual budget projects and multiannual budget framework
of national defence, on the aspets that have incidence on capacity
operational of forces;
h) To propose to the Minister of National Defence measures and actions aiming at the management
sustained and sustainable of the affective resources to the Armed Forces as a whole;
i) To propose to the Minister of National Defence the appointment and exoneration of the
commanders of the operational commands and of the commanders, directors or chiefs
of the organs referred to in points a ), b ) and d ) of paragraph 1 and in Article 9 (2);
j) To propose to the Government, through the Minister of National Defence, the nominations and
exonerations that are formulated by his or her initiative, specifically of the
commanders or military representatives to the international organizations of
that Portugal be a part of, and the general officers, commanders of naval force,
ground or air, for the fulfillment of international missions;
l) To propose to the Minister of National Defence the levels of preparedness and sustaining
of the forces;
m) Approve and ratify the joint and combined military doctrine.
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Article 12.
Appointment of the Chief of the Chief of Staff-General of the Armed Forces
1-The Chief of the State-Major-General of the Armed Forces is appointed and exonerated by the
President of the Republic, on a proposal from the Government, to which it shall be preceded by the
hearing, through the Minister of National Defence, of the Council of Heads of
General Staff.
2-Where possible should the Government initiate the process of appointment of the Chief of the
State-Major-General of the Armed Forces at least one month before the vacancy of the
cargo, so as to allow at this time the immediate replacement of the titular respect.
3-If the President of the Republic disagrees with the proposed name, the Government will present it to you
new proposal.
Article 13.
Replacement of the Chief of the Chief of Staff-General of the Armed Forces
The Chief of the State-Major-General of the Armed Forces is replaced, in his absence, lack
or hindrance, by the Chief of Staff of the branch in office longer.
SECTION III
Branches of the Armed Forces
Article 14.
Branches of the Armed Forces
The branches of the Armed Forces-Navy, Army and Air Force-have per mission
principal to participate, in an integrated manner, in the military defence of the Republic, under the terms of the
provisions of the Constitution and the law, being fundamentally vocationalized for the generation,
preparation and sustaining of forces of the operational component of the system of forces,
ensuring also compliance with the missions regulated by own legislation and the
missions of an operational nature which are assigned to them by the Head of the
State-Biggest-General of the Armed Forces.
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Article 15.
Organization of the branches of the Armed Forces
1-For fulfillment of the respective missions, the branches are commanded by the respected
Head of the Joint Chiefs of Staff and understand:
a) The General Staff;
b) The central bodies of administration and direction;
c) The component command;
d) The organs of council;
e) The inspection bodies;
f) The basic organs;
g) The elements of the operational component of the system of forces.
2-The Member States constitute the planning bodies and support for the decision of the
respects Joint Chiefs of Staff and can assume direction functions, control,
advice or inspection.
3-The central bodies of administration and direction have functional character and aim to ensure the
direction and execution of specific areas or activities essential, specifically, in the
management of human resources, materials, financial, information and infrastructure.
4-Commandos of component-naval, land and air-are intended to support the exercise
of the command by the Chiefs of Staff of the branches, with a view to:
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a) The preparation, the apronment and livelihood of the forces and means of the respect
operating component of the system of forces, and still, the fulfillment of the
missions regulated by own legislation and other missions that are to them
assigned, holding the Chief of the State-Major General of the Armed Forces
permanently informed of the forces and the committed means and of the
development and results of the respective operations;
b) The administration and direction of the units and organs of the fixed component
in your direct dependency.
5-For the purpose of support for the exercise of the command by the Head of the
State-Major-General of the Armed Forces, the component commands mentioned
in the previous number can be placed in your direct dependency, according to the
command and control modalities applicable to specific situations of employment
operational forces of forces and means, to define case-by-case.
6-The governing bodies are intended to support the decision of the Chief of the General Staff of the
branch in special and important matters in the preparation, discipline and administration of the
branch.
7-Inspection bodies are intended to support the exercise of the control function and
assessment by the Chief of the General Staff.
8-Basic organs those aiming at the formation, sustainment and general support of the branch.
9-The elements of the operational component of the system of forces are the forces and means of the
branch for the fulfillment of the missions of an operational nature.
10-Integrate still the organic of the branches, in the Navy, the Hydrographic Institute and the Service
of Search and Maritime Rescue, and, in the Air Force, the Search and Salvation Service
Air.
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SECTION IV
Chiefs of Staff of the branches
Article 16.
Chiefs of Staff of the branches
1-The Joint Chiefs of Staff of the Armada, the Army and the Air Force run the
respects branches and are the military chiefs of highest authority in their hierarchy,
being the chief advisors of the Minister of National Defence and the Chief of the
State-Major-General of the Armed Forces in all matters specific to its
branch.
2-In the frame of the missions committed to the Armed Forces, in situation not arising from the
state of war, the Joint Chiefs of Staff of the branches integrate the structure of
operational command of the Armed Forces, as subordinate commanders of the Chief
of the State-Major General of the Armed Forces, for the issues involving the
readiness, employment and the sustainment of the forces and means of the operational component of the
system of forces.
3-The Chiefs of Staff of the branches are still responsible for compliance with the
missions regulated by own legislation and the missions of an operational nature which
are assigned by the Chief of the General Staff-General of the Armed Forces.
4-The Chiefs of Staff of the branches relate directly to the Chief of the
State-Major-General of the Armed Forces, in addition to that referred to in paragraph 2, on the aspets
related to military information and security, military higher education, health
military and other areas of joint or integrated activity.
5-The Chiefs of Staff of the branches relate directly to the Minister of
National defence, on the aspets related to the current management of resources of the
respect branch, as well as with the functioning of organs, services or systems
regulated by own legislation.
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Article 17.
Competences of the Chiefs of Staff of the branches
1-Compete to the Chiefs of the General Staff of each branch, without prejudice to the provisions of the
article 11:
a) Drive, coordinate and administer the respect branch,
b) Ensuring the generation, preparedness, apportionment and sustainment of forces and
means of the respect branch;
c) Certify the forces of the respective branch;
d) Exert the command of the forces and means that integrate the operational component
of the system of forces belonging to your branch, whenever they are not
committed to missions of the direct responsibility of the Head of the
State-Biggest-General of the Armed Forces;
e) Keep the Chief of the State-Major-General of the Armed Forces permanently
informed about the preparedness and commitment of forces and means of the
operating component of the system of forces;
f) Define the specific operational doctrine of the branch appropriate to military doctrine
joint established;
g) Nominate and exonerate the officers for command, direction and managerial roles in the
scope of the respective branch, without prejudice to what on the matter provides the Law of
National Defence;
h) Ensuring the conduct of technical-military cooperation activities in the projects
in which they are constituted as primarily responsible entities, as
respects framework programmes coordinated by the Directorate General of Policy of
National Defence;
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i) Plan and execute, in accordance with the established guidelines, the activities of
combined operational training of a bilateral character.
2-Compete still to the Chiefs of Staff of the branches:
a) Formulate and propose the structural strategy of the respect branch, its processing and
the genetic strategy associated with the weapons systems needed by their
reequipment, in cycle with the ministerial directives;
b) Present to the Chief of the State-Major General of the Armed Forces the positions and
the proposals of the respective branch concerning the subjects of competence
of that military organ of command;
c) Within the scope of planning of forces and military equipment programming and
infrastructures, effecting the analyses and elaborating the proposals regarding the respect
branch;
d) Decide and sign the promotions of the officers of the respective branch up to the rank of
colonel or captain-of-sea-and-guerra;
e) To propose to the Council of Chiefs of Staff, under the Act, the promotion to
officer general and general officers of his branch;
f) Exercising assignments that fit you in the framework of military justice and administer the
discipline in the respect of the branch;
g) To propose the establishment of restrictions on the exercise of the right of ownership,
relatively to confined areas with organizations or facilities of the respective
branch or of interest for national defence;
h) Submit to the Minister of National Defence the specific affairs of the branch
respect, unrelated to the skills of the Chief of the
State-Biggest-General of the Armed Forces.
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Article 18.
Appointment of the Heads of Staff of the branches
1-The Chiefs of Staff of the branches are appointed and exonerated by the President of the
Republic, on a proposal from the Government, to which it shall be preceded by the hearing, through the
Minister of National Defence, of the Chief of the Chief of Staff-General of the Armed Forces.
2-The Chief of the State-Major-General of the Armed Forces pronounced, pursuant to the
previous number, after hearing of the Superior Council of the respected branch.
3-Whenever possible, the Government should initiate the process of appointing the Heads of
General Staff of the branches, at least one month before the vacancy of the office, by form
allow at this time the immediate replacement of the titular respect.
4-If the President of the Republic disagrees with the proposed name, the Government will present it to you
new proposal.
SECTION V
Military bodies of council
Article 19.
Council of Chiefs of Staff
1-The Council of Chiefs of Staff is the main military body of character
coordinator with administrative competences laid down in the law, constituting,
also, the consultation body of the Chief of the Chief of Staff-General of the Armed Forces
on matters relating to the Armed Forces within the framework of their competences.
2-Are members of the Council of Chiefs of Staff, the Chief of the
State-Major-General of the Armed Forces, which presides over and has a quality vote,
and the Chiefs of Staff of the branches, without prejudice to other military entities
they can be invited to attend their meetings, with no voting rights.
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3-Compete to the Council of Chiefs of Staff deliberating on:
a) The elaboration of the military strategic concept;
b) The elaboration of the projects of definition of the specific missions of the Forces
Armed, the system of forces and the device of forces;
c) The plans and reports of military information and security activities in the
Armed forces;
d) The previeheads of the proposed military and law-enforcement programming law
programming of military infrastructure;
e) The criteria for the operation of integrated military higher education, in the
sense of promoting the doctrine and joint military training of the officers of the
Armed forces;
f) The criteria for the operation of military health;
g) The promotion to general officer and general officers;
h) The proposal for the appointment of military judges, under the law;
i) Your regiment.
4-Compete to the Council of Chiefs of Staff to give advice on:
a) The proposals for defining the strategic concept of national defence;
b) The project of proposals of national forces;
c) The joint military doctrine and conjuncta/combined;
d) The options for military response in the framework of strategic assessment for employment
of forces;
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e) The acts of the competence of the Chief of the Chief of Staff-General of the Armed Forces
that are lacking in their prior opinion;
f) The appointment of the commander-general of the Republican National Guard, if the same
relaping on officer general of the Armed Forces;
g) Any matters that are subject to your consideration by the Minister of
National Defence, as well as on others that the Chief of the State-Major-General
of the Armed Forces understand to submit it on their own initiative, or the solicitation
of the Chiefs of Staff of the branches.
5-Compete to the Council of Chiefs of Staff set out guidelines regarding management
of the affections resources to the Armed Forces as a whole.
6-A implementation and the eventual diffusion of the deliberations of the Council of Heads of
General Staff compete to the Chief of the General Staff-General of the Armed Forces.
Article 20.
Superior advice from the similar branches and bodies
1-In each of the branches of the Armed Forces there is a superior council of the branch,
chaired by the respected Chief of the General Staff.
2-Other organs of council of the branches, specifically the classes councils in the
Navy, the advice of weapons and services in the Army and specialty boards
in the Air Force, are set out in special law.
3-[ Revoked ].
4-[ Revoked ].
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SECTION VI
Common provisions
Article 21.
Common provisions
1-From the acts of the Chief of the State-Major General of the Armed Forces and the Heads of
General Staff of the branches is not up to hierarchical appeal.
2-In the jurisdictional processes that bear the object of the action or omission of organs of the
Armed forces in matters of discipline and personnel administration, the part
demanded is the State-Major-General of the Armed Forces or the respecting branch,
as per cases, being represented in judgment by counsel or by licensee in
right with legal support functions, constituted or designated by the Chief Minister of
General Staff.
CHAPTER III
The Armed Forces in a state of war
Article 22.
The Armed Forces in a state of war
1-In a state of war, the Armed Forces have a predominant function in defence
national and the Country commit all necessary resources in support of military actions and
your execution.
2-Declared the war, the Chief of the State-Major-General of the Armed Forces takes over the
full command of the Armed Forces, and is accountable to the President of the
Republic and the Government for the preparation and conduct of operations.
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3-In a state of war, they may consist of commandos-bosses, in dependence on the
Head of the State-Major-General of the Armed Forces, with the aim of allowing the
conduct of military operations, availing the commanding commanders-heads of the
skills, forces and means that are heard from them by letter of command.
4-In a state of war, the Chief of the State-Major-General of the Armed Forces exercises,
under the authority of the President of the Republic and the Government, the complete command of the
Armed forces:
a) Directly or through the commanders-heads for the operational command,
having as commanders adjoining the Joint Chiefs of Staff of the branches;
b) Through the Chiefs of Staff of the branches for the aspets
administrative-logistics.
5-The Chiefs of Staff of the branches respond by the execution of the directives
superiors and guarantee the performance of the respective forces forces before the Chief of the
State-Major-General of the Armed Forces, depending on this one on all the aspets.
6-The Council of Chiefs of Staff assists, in permanence, the Chief of the
State-Major-General of the Armed Forces in the conduct of military operations and the
drafting of the proposals for the appointment of the commanders of the theatres and areas of
operations.
7-Compete to the Chief of the State-Major-General of the Armed Forces present to the
Minister of National Defence, for decision of the National Defence Council,
the design projects of the theatres and areas of operations, as well as the proposals of
appointment or exoneration of the commanding respects and of their letters of command.
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CHAPTER IV
Nominations and promotions
Article 23.
Common rules as to the appointment of Joint Chiefs of Staff
1-The Chief of the State-Major General of the Armed Forces and the Joint Chiefs of Staff
of the branches are named, from among admirals, vice-almirants, generals or lieutenants-
generals, in the active situation, for a period of three years, extended by two years,
without prejudice to the faculty of exoneration at all time and of exoneration by limit of
age.
2-In the extension of the mandates of the Chief of the Chief of Staff-General of the Armed Forces
and of the Chiefs of Staff of the branches must be completed all formalities
legal purposes provided for the purpose of appointment, with the exception of the hearings provided for in paragraphs 1
and 2 of Article 18 para.
3-To the proposed military for the posts of Chief of the State-Major General of Forces
Armed and Chiefs of Staff of the branches, to which the rank of admiral
or four-star general, is, since the date of the Government's proposal, suspended the limit
of age of passage to the reserve, prolonging the suspension, relatively to the
appointed, until the term of the term of the term of office.
Article 24.
Appointments
1-The appointments of officers for commanding positions in the Armed Forces, as well as the
corresponding exonerations, are made by decision of the Chief of the General Staff of the
respect branch, without prejudice to the provisions of the following.
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2-Compete to the President of the Republic, on a proposal from the Government, formulated after
initiative of the Chief of the General Staff-General of the Armed Forces and approved by the
Top National Defense Council, appoint and exonerate the commanders-bosses.
3-Compete to the Minister of National Defence to appoint and exonerate, on a proposal from the Chief of the
General Staff of the respective branch, the holders of the following posts:
a) Deputy chiefs of staff of the branches;
b) Commanders of the component, naval, ground and air commands;
c) [ Repealed ].
4-Compete to the Minister of National Defence, on a proposal from the Chief of the
State-Major-General of the Armed Forces, heard the Council of Heads of
General Staff, appoint and exonerate the holders of the following positions of the structure of the
EMGFA:
a) Commander of the operational level command;
b) Commanders of the commands of the Azores and Madeira;
c) Head of the military information and security body;
d) Director of the Military University Institute;
e) Director of Military Health.
5-The nominations and exonerations referred to in points a) of the n. paragraphs 3 and 4 shall be
confirmed by the President of the Republic, without which they do not produce any effects.
6-To the proposed military for military positions in international organizations of which
Portugal to be a part and the one that matches the rank of admiral or general, it is, since the date
of the proposal of the Government, suspended the age limit of passage to the reservation,
prolonging the suspension, relatively to the nominee, until the end of the respect
mandate.
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Article 25.
Promotions
1-The promotions to officer general, as well as the promotions of general officers, of
any branch of the Armed Forces are effected by deliberation in that sense of the
Council of Chiefs of Staff, preceded by proposal of the Chief of the Chief of the
General Staff, heard the top council of the branch.
2-The promotions referred to in the preceding paragraph shall be subject to approval by the Minister of
National Defence and confirmation by the President of the Republic, without what not
produce any effects.
3-Promotions up to the rank of colonel or captain-of-sea-and-war are effecting
exclusively within the framework of the Armed Forces, listened to the organs of council of the
ramos provided for in Article 20 (2).
CHAPTER V
Final provisions
Article 26.
Operational articulation between the Armed Forces and the forces and services of
security
1-The Armed Forces and the forces and the security services cooperate with a view to the
conjugate fulfillment of its missions for the purposes set out in the paragraph and ) of paragraph 1
of Article 4 para.
2-To ensure the cooperation provided for in the preceding paragraph, the
procedures that guarantee the interoperability of equipment and systems, well
as for the use of means.
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3-Compete to the Chief of the State-Major-General of the Armed Forces and the Secretary-General
of the Internal Security System assuring among themselves the implementation of the measures of
coordination, for the effects provided for in the preceding paragraphs, without prejudice to the
provisions of the Internal Security Act.
Article 27.
Development
The general bases of this Law, in particular with regard to the organization of the State-
Greater-General of the Armed Forces and the branches, are developed upon decrees-laws.
Article 28.
Abrogation standard
It is repealed Law No. 111/91 of August 29, amended by Law No 18/95 of July 13.