Key Benefits:
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Proposal for Law No 222 /XII
Exhibition of Motives
In November 2010, at the Lisbon Summit of the Atlantic Treaty Organization
North (NATO), a new Strategic Concept of defence and security has been approved
NATO. On that treadmill, recognizing that the balance of power at the world level is on
mutation as new polos of power emerge and the United States of America
reshape their geostrategic priorities in the direction of the Pacific and Asia, diverse
allied countries proceeded to review the respect strategic concepts of security and
defense.
The Government Programme of the XIX Constitutional Government has established a set of
options and structuring measures for national defence, which have come to determine the
need to revisit the Strategic National Defence Concept (CEDN), approved
by the Resolution of the Council of Ministers No. 6/2003 of January 20.
Indeed, the foundations of the organization and operation of national defence and the Forces
Armed have as a necessary assumption a coherent and integrated set of responses,
that substantiate strategic functions-of prediction and anticipation, of protection,
autonomous intervention and collective defence-, in the face of the risks and threats of the environment
strategic, for which critical capacities and key means are required for the
pursuit of the priority missions of the Armed Forces.
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Thus, the new CEDN, approved by the Resolution of the Council of Ministers No. 19/2013, of
April 5, established as priority action lines, in the framework of the strategic vector
on the exercise of national sovereignty, neutralization of threats and risks to security
national, "adapt and rationalize structures", and "to profiten means and capacities",
recognizing that the " demands of the responses to the current framework of threats and risks make
indispensable that one takes into account the necessary growth capacity of the system of
forces, when necessary, by summoning or mobilization ".
It is from these priority lines of action that is devised the model of the reform " Defence
2020 ", verted on the Resolution of the Council of Ministers No. 26/2013 of April 19,
approving guidelines for the strategic defence planning cycle and for the
reorganization of the macrostructure of national defence and the Armed Forces.
In the guidelines for the strategic defence planning cycle, it was established as
objective the definition of the level of ambition for the Armed Forces and of the factors of
planning for the strategic planning cycle, with a view to the alignment with
the capacities planning cycles of NATO and the European Union.
The definition of the level of ambition, having as a starting point the frameworks of
commitment stemming from the CEDN, established that " the system of national forces must
privilege a structure-based structure of a joint nature, in a model of
modular and flexible organization, based on preparedness requirements (forces or units
constituted and with availability for commitment to political decision-making) and to
continuity (forces or units constituted and committed to the fulfillment of missions
assigned), which integrate so as to constitute three sets of forces and means ", with the
following order of priority: an Immediate Reaction Force, a set of Forces
Permanent in Action of Sovereignty and a Modular Set of Forces.
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Additionally, with a view to enabling long-term integrated planning in defence
national, indispensable tool to ensure the optimization of resources and the
suitability of weapons systems to the predicted strategic scenarios, such as
stable fiscal commitment, the affectation was established in 1.1% (± 0, to 1) of the GDP for the
national defense. On the other hand, recognizing that the device of the Armed Forces must
be rationalized, " without prejudice to the balance necessary for the fulfilment of missions in
the entire national territory, aiming at the economy of means, by making the most of the logistical support and
limiting the number of infrastructure ", the progressive suitability of the effectors of the
Armed forces in the service effectiveness, up to a maximum of 30000 a to 32000 military personnel.
In fact, the largest integration of command and direction structures and of organs and services
administrative and logistical, as a reflection of a philosophy and operative practice that privileges
joint acting, can only be materialized with the reorganization of the macrostructure of the
national defense and the Armed Forces.
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 National Defence Act (LDN),
which now presents itself to the Assembly of the Republic.
With the aim of promoting greater participation and involvement of Parliament in the
elaboration of CEDN, was changed the normative referring to the major CEDN options,
redefining that these become the object of debate and approval in the Assembly of the
Republic, on the initiative of the Government, thereby unambigually reinforcing the role of the
Parliament in that key document for national defense policy.
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The Military Superior Council, up to here a responsible body in national defence matters,
goes on to constitute a consultation body on national defence, by watching the
Minister of National Defence in the subjects of his competence, thus mirroring his
effective assignments.
The strengthening of the competences of the Chief of the Chief of Staff-General of the Armed Forces
(CEMGFA), translating one of the objectives of the reform "Defence 2020", is realized in the
scope of the LDN through the amendment of the characterization of the Council of Heads of State-
Largest (CCEM), which cede to be a body directly responsible for the Armed Forces
and by the military component of the national defence, going on to constitute the main body
military of a coordinator and the consultation body of the CEMGFA on the subjects
relating to the Armed Forces in the framework of their competences and, well, in line
with the Organic Law of Bases of the Armed Forces Organization (LOBOFA), passing
the Chiefs of Staff of the branches to be hierarchically dependent on CEMGFA in the
subjects relating to the responsiveness of the Armed Forces, specifically in the
readiness, employment and sustainment of the operational component of the system of forces.
Seeking to expedite processes that are frequent, as is the case, among others, of the
approval of the proposals for appointment and exoneration of the commanders or representatives
military along the organization of any alliance that Portugal is a member of this
competence has become only of the President of the Republic, to the detriment of his
approval at the headquarters of the National Defense Council.
Within the scope of the competences of the Assembly of the Republic, it passes the record in the LDN itself
the content of Law No 46/2003 of August 22, in which this body of sovereignty, in addition to
follow up the participation, appreciates the Government's decision to involve contingents or
military forces in military operations abroad.
Likewise, the Government's competences have been added to the need to secure the
organization and the operation of the National System of Mobilization and Application.
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It was further amended the normative regarding passive electoral capacity as well as the
suitability for the Judgment of the Constitutional Court No 404/2012 of October 8 in what
concerne at the possibility of the military in the service effectiveness present complaints to the
Ombudsman, after exhausting the legally anticipated administrative resources.
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.
Object
The present law proceeds to the first amendment of the National Defence Act, passed by the Law
Organic n. 1-B/2009, of July 7.
Article 2.
Amendment to the Organic Law No. 1-B/2009 of July 7
Articles 7, 8, 9, 11, 13, 15, 17, 19, 20, 23, 34, 34, 34, 34, 34, 34, 34, 34, 34, 34
42. and 47 of the Organic Law No. 1-B/2009 of July 7, they shall pass the following essay:
" Article 7.
[...]
1-The strategic concept of national defence sets out the priorities of the State
in defence matters in accordance with the national interest, and is part
member of the national defense policy.
2-The great options of the strategic national defense concept are the object of
debate and approval in the Assembly of the Republic, on the initiative of the Government.
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3-The strategic concept of national defence is approved by resolution of the
Council of Ministers, on a joint proposal by the Prime Minister and the
Minister of National Defence, ears the Higher Defense Council
National and the Council of Chiefs of Staff.
Article 8.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [ Repealed ].
2-[...]:
a) [ Repealed ];
b) [...];
c) [...].
Article 9.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
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c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) Nominate and exonerate, on a proposal from the Government, the commanders or
military representatives to the international organizations of which
Portugal to be part of, as well as general officers, commanders of
naval, land or air force, designated for the fulfillment of
international missions in that framework.
Article 10.
[...]
1-The duties of Supreme Commander of the Armed Forces, assigned
constitutionally by inherence to the President of the Republic,
understand the following rights and duties:
a) [...];
b) [...];
c) [...];
d) [...];
e) [ Previous point g )];
f) Consult the Chief of the State-Major-General of the Armed Forces and
the Joint Chiefs of Staff of the Armada, the Army and the Force
Air, in matters of national defence;
g) Confer, on their own initiative, military decorations.
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2-The employment of the Armed Forces, and other forces when integrated
in a military force, in military operations abroad of the national territory
it is always preceded by reasoned communication from the Prime Minister, the
which shall, in particular, include:
a) [...];
b) [...];
c) [...];
d) [...].
Article 11.
[...]
[...]:
a) [...];
b) [...];
c) [...];
d) Appreciate the fundamental guidelines of national defence policy
constants of the Government programme and debate and approve the large
options of the strategic concept of national defence;
e) [...];
f) [...];
g) [...];
h) [...];
i) [...];
j) [...];
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l) [...];
m) [...];
n) [...];
o) [...];
p) [...];
q) Appreciate the Government's decision to involve contingents or forces
military in military operations abroad, which is communicated to you
beforehand, and follow up the participation of such contingents or
forces in the missions, under the terms set in law of their own;
r) [...].
Article 12.
[...]
1-[...].
2-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
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h) [...];
i) To ensure the organization and operation of the National System of
Mobilization and Application and determine the mobilization of citizens
for national defence, under the law.
3-[...]:
a) [...];
b) Without prejudice to the competence of the Assembly of the Republic, to guide and
scrutinise the implementation of the military programming law and the budget of the
national defense, as well as the respect of heritage management,
supervising the exercise of own and delegated competences
of the heads of state-largest in financial administration;
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) Communicating to the Assembly of the Republic, in the terms of the law, the decision of the
Government to involve contingents or military forces in operations
military abroad, and present circumstantial reports on
such involvement, without prejudice to other punctual information or
urgent requests to be requested.
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j) To propose to the President of the Republic the appointment and exoneration of the
commanders or military representatives to the organizations
international that Portugal is a part of, as well as of the officers
generals, naval, land or air force commanders assigned
for the fulfillment of international missions in that framework.
Article 13.
[...]
1-[...].
2-[...]:
a) Directing the interministerial activity of enforcement of defence policy
national and the Armed Forces, including the definition of the policy
national emergency civil planning;
b) [...];
c) [...];
d) Without prejudice to the provisions of the preceding paragraph, the employment of the Forces
Armed, and other forces when integrated into a military force, in
military operations abroad of the national territory is always
preceded by reasoned communication from the Prime Minister to the
President of the Republic;
e) [...];
f) [...];
g) [...].
3-[...].
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Article 14.
[...]
1-[...].
2-The Minister of National Defence directs, assures and scrutinizes the administration
of the Armed Forces and integrated services and bodies in the Ministry
of National Defense.
3-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) Guiding the drafting of the national defence budget, as well as
of the laws of military programming, and guide and scrutinize the respects
performance and heritage management;
i) [...];
j) [...];
l) Propose to the National Defense Council National Defence confirmation of the
military strategic concept and the approval, under project of the Council
of Joint Chiefs of Staff, of the specific missions of the Forces
Armed and the system of forces necessary for their compliance;
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m) Approve the device of the system of forces proposed by the Council
of Chiefs of Staff;
n) [...];
o) To draw up and direct the national policy on armaments and equipment
of national defence;
p) [...];
q) [...];
r) [...];
s) Authorize the realization of maneuvation and military exercises outside the
national territory;
t) Licensing works in areas subject to military servitude, heard the Chief
of the General Staff of the branch of the competent Armed Forces;
u) [...];
v) [...];
x) [...];
z) [...].
Article 15.
[...]
1-In coordination with the Minister of National Defence, all the others
ministers ensure the execution of non-military components of the policy of
national defence that have been inspired by the scope of the assignments of the respects
ministries.
2-[...]:
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a) [...];
b) [...].
Article 17.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) The participation of detachments of the Armed Forces, and of others
forces when integrated into a military force, in military operations
on the exterior of the national territory;
h) [...];
i) [...];
j) [...];
l) [...].
2-[...]:
a) Confirm the military strategic concept and approve the missions
specific to the Armed Forces and the system of forces necessary to the
its compliance, following proposal by the Minister of National Defence;
b) [...];
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c) Approve the proposals for appointment and exoneration of the commanders-
bosses.
3-[...].
Article 19.
[...]
[...]:
a) [...];
b) Elaborate the draft projects of the military programming laws of
agreement with the guidance of the Government.
Article 20.
[...]
1-The Ministry of National Defence is the governmental department that has
by mission to prepare and execute the national defense policy and the Forces
Armed, as well as ensuring and scrutinizing the administration of the Forces
Armed and the services and bodies in it integrated.
2-[...].
Article 23.
[...]
1-[...].
2-The Chief of the State-Major-General of the Armed Forces depends
directly from the Minister of National Defence, in the terms of the competences
provided for in the law.
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3-The Joint Chiefs of Staff of the Armada, the Army and the Air Force
depend hierarchically on the Chief of the State-Major-General of the Forces
Armed, in the matters relating to the responsiveness of the Forces
Armed, specifically in the preparedness, employment and sustain of the
operating component of the system of forces.
4-Without prejudice to the previous number, the Joint Chiefs of Staff of the Armada,
of the Army and the Air Force depend on the Minister of National Defence,
in the remaining subjects provided for in the law.
Article 25.
[...]
The military of the Armed Forces serves, exclusively, the Republic and the
national community and voluntarily assume the rights and duties that
integrate the military condition, in the terms of the law.
Article 33.
[...]
1-During the state of war, the military in service effectivity does not
may run for elections for the organs of sovereignty, of government
own from the Autonomous Regions and the local power, or to Parliament
European.
2-In time of peace, the military in service effectiveness, on leave
unlimited or in special committee, can apply for the organs
referred to in the preceding paragraph, upon special leave to be granted by the
Chief of the General Staff of the branch to which they belong.
3-[...].
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4-[...].
5-The time elapsed from the granting of the special permit until the taking of
possession of the post for which he was elected, in the terms of the previous figures,
account as time of stay in the post and as time of service
effective for effects of seniority, for the military in the effectivity of
service.
6-A Special licence lapses in the following situations:
a) When, following the final clearance of the results
election, the military chooses to take over for it to have been elected;
b) When the final clearance of the election results results that the
candidate was not elected;
c) [...].
7-In the case of exercise of the option provided for in the a ) of the previous number, the
military is shot down to the picture, getting obliged to indemnify the State in the
case of not having complied with the minimum effective service time in your
category, in the terms and conditions regulated in specific legislation and
subsidiary in the Status of Military Forces of the Armed Forces.
8-In the situations provided for in points b ) and c ) of paragraph 6, the expiry of the licence
special determines the return of the military to the previous situation.
9-[ Revoked ].
10-[ Revoked ].
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Article 34.
[...]
1-The military in the service effectiveness can, after depleted the
legally provided administrative resources, file complaints to the
Ombudsman by actions or omissions of the public powers
responsible for the Armed Forces, except in operational matter or
ranked, pursuant to the law.
2-[...].
Article 42.
[...]
1-[...].
2-A military conduct of the war competes with the Chief of the State-Major-General
of the Armed Forces, assisted by the Joint Chiefs of Staff of the Armada,
of the Army and the Air Force, and the commanders-chiefs, according to the
guidelines and directives of the competent organs of sovereignty. "
Article 47.
[...]
The provisions of Articles 26 to 35 shall apply to the military of the tables
permanent and from the contractors in effective service in the National Guard
Republican. "
Article 3.
Addition to the Organic Law No. 1-B/2009 of July 7
It is added to the Organic Law No. 1-B/2009 of July 7, Article 8, with the following
essay:
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" Article 8.
Bodies of consultation in national defence
1-The Military Superior Council is the consultation body of the Minister of Defence
National for the subjects of their competence.
2-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. "
Article 4.
Transient standard
The provisions of Article 33 of the Organic Law No. 1-B/2009 of July 7 in the given essay
by the present law, applies only to elections for organs of sovereignty, of own government
of the Autonomous Regions and the local power, or for the European Parliament, to be held
after the date of the entry into force of this diploma.
Article 5.
Abrogation standard
The subparagraph shall be repealed. d ) of paragraph 1 and (1) a ) of Art. 8 (2) and paragraphs 9 and 10 of the
Article 33 of the Organic Law n 1-B/2009 of July 7.
Article 6.
Republication
1-It is republished, in the Annex to this Law, of which it is an integral part, the Organic Law
n 1-B/2009, of July 7, with the current essay.
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2-For republication effects, where it reads "in service effectiveness" should read " in the
effectiveness of service ".
Article 7.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved by the 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 6)
Republication of the Organic Law No. 1-B/2009 of July 7
CHAPTER I
General principles
Article 1.
National defence
1-A-The national defense has for goals to ensure state sovereignty, independence
national and the territorial integrity of Portugal, as well as ensuring freedom and
safety of populations and the protection of the fundamental values of the order
constitutional against any external aggression or threat.
2-A The national defence still ensures compliance with the international commitments of the
State in the military domain, according to the national interest.
Article 2.
General principles
1-Portugal defends the principles of national independence and equality of states, the
respect for human rights and international law and the peaceful resolution of the
international conflicts and contributes to security, stability and peace
international.
2-A The Portuguese Republic defends national interests by all legitimate means,
in and out of its territory, of the maritime areas under sovereignty or national jurisdiction
and of the airspace under his responsibility.
3-A The safeguarding of the life and interests of the Portuguese is also an interest
national that the state defends in an autonomous or multinational framework.
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4-In the exercise of the right of self-defence, Portugal reserves the recourse to war for the
cases of effective or imminent assault.
5-It is right and duty of every Portuguese to pass on the resistance, active and passive, in the areas
of the national territory occupied by foreign forces.
Article 3.
National defence and international commitments
National defence shall also be ensured and exercised in the framework of the commitments
international assumed by the Portuguese state in the pursuit of national interest.
CHAPTER II
National defence policy
Article 4.
Components of national defence policy
1-A national defense policy integrates principles, goals, guidelines, and priorities
defined in the Constitution, in this Law, in the Government's programme and in the concept
strategic national defense.
2-In addition to its military component, the national defence policy comprises the
state sectoral policies whose input is necessary for the realization of the interest
strategic of Portugal and fulfillment of the objectives of national defense.
Article 5.
Permanent goals of national defense policy
The national defence policy aims to ensure, permanently and with a national character:
a) The sovereignty of the State, the national independence, the integrity of the territory and the
fundamental values of the constitutional order;
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b) The freedom and security of populations, as well as their assets and protection
of the national heritage;
c) The freedom of action of the organs of sovereignty, the regular operation of the
democratic institutions and the possibility of carrying out the functions and tasks
essential of the State;
d) Ensuring the maintenance or restoration of peace in conditions that
correspond to national interests;
e) Contribute to the development of the moral and material capacities of the
national community, so that it can prevent or react by the means
suitable to any external aggression or threat.
Article 6.
Key guidelines of national defence policy
The fundamental guidelines of national defence policy are set out in the programme of the
Government, in obedience to the fundamental principles and the permanent goals
defined in the Constitution and in this Law.
Article 7.
Strategic concept of national defence
1-The strategic concept of national defence sets out the state's priorities in regard to
defence, in accordance with the national interest, and is an integral part of the defence policy
national.
2-The great options of the strategic concept of national defense are the subject of debate and
approval in the Assembly of the Republic, on the initiative of the Government.
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3-The strategic concept of national defence is approved by resolution of the Council of
Ministers, on a joint proposal by the Prime Minister and the Minister of Defence
National, ears the Higher National Defence Council and the Council of Heads of
General Staff.
CHAPTER III
Responsibilities of the organs of the State
Article 8.
Responsible bodies in national defence
1-Are directly responsible for national defense:
a) The President of the Republic;
b) The Assembly of the Republic;
c) The Government;
d) The Higher Council of National Defence;
e) [ Repealed ].
2-In addition to the organs referred to in the preceding paragraph, 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.
Article 8-A
Bodies of consultation in national defence
1-The Military Superior Council is the consultation body of the Minister of National Defence for
the subjects of their competence.
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2-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.
Article 9.
President of the Republic
1-The President of the Republic represents the Portuguese Republic, guarantees independence
national, the unity of the state and the smooth functioning of democratic institutions and
is, by inertia, the Supreme Commander of the Armed Forces.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent upon the President of the Republic, in national defence matters:
a) Exercise the duties of Supreme Commander of the Armed Forces;
b) Declare war, in the event of effective or imminent aggression, and make peace, under
proposal of the Government, heard the Council of State and upon authorization of the
Assembly of the Republic, or, when the latter is not reunited, nor is it possible to
your immediate meeting, from your Standing Committee;
c) Taking over the top direction of the war, in conjunction with the Government, and contributing
for the maintenance of the spirit of defence;
d) Declare the state of site and the state of emergency, heard the Government and
upon permission of the Assembly of the Republic, or, when the latter is not
reunited, nor is it possible for your immediate meeting, of your Standing Committee;
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e) Ratify the international treaties in which the State assumes responsibilities
international in the field of defence, notably the treaties of participation
of Portugal in international security and defence organizations, as well as the
peace treaties, defence, border rectification and those relating to subjects
military;
f) Presiding over the National Defence Council;
g) Nominate and exonerate, on a proposal from the Government, the Chief of the State-Major-General
of the Armed Forces, as well as, heard the Chief of the State-Major-General of the
Armed forces, the Joint Chiefs of Staff of the Armada, the Army and the Force
Air;
h) Nominate and exonerate, on a proposal from the Government, the commanders or representatives
military to the international organizations that Portugal is a part of, well
as the generational officers, naval, land or air force commanders,
designated for the fulfillment of international missions in that framework.
Article 10.
Supreme Commander of the Armed Forces
1-The duties of Supreme Commander of the Armed Forces, assigned
constitutionally by inherence to the President of the Republic, comprise the
following rights and duties:
a) A duty to contribute, within the framework of their constitutional powers, to
ensuring the allegiance of the Armed Forces to the Constitution and institutions
democratic;
b) Right to be informed by the Government about the situation of the Armed Forces;
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c) Right to be informed in advance by the Government, by means of communication
substantiated, on the employment of the Armed Forces in missions involving the
collaboration with forces and security services against aggressions or threats
transnational;
d) A duty to advise in private the Government about the conduct of the policy of
national defense;
e) Right to occupy the first place in the hierarchy of the Armed Forces;
f) Consult the Chief of the State-General of the Armed Forces and the Heads of the
Staff of the Armada, the Army and the Air Force, in defence matters
national;
g) Confer, on their own initiative, military decorations.
2-The employment of the Armed Forces, and other forces when integrated into a force
military, in military operations abroad of the national territory is always preceded by
reasoned communication from the Prime Minister, which shall, in particular, include:
a) The applications requesting such involvement, accompanied by the respect
reasons;
b) The decision or proposal projects of that involvement;
c) The military means involved or to involve, the type and degree of the estimated risks and
the foreseeable duration of the mission;
d) The elements, information and official publications deemed useful and necessary.
Article 11.
Assembly of the Republic
Without prejudice to other skills assigned to it by the Constitution or by the law,
compete for the Assembly of the Republic, in national defence matters:
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a) Authorize the President of the Republic to declare war and make peace;
b) Authorize the President of the Republic to declare the state of site and emergency;
c) Approve the international treaties in which the State assumes responsibilities
international in the field of defence, notably the treaties of participation
of Portugal in international security and defence organizations, as well as the
peace treaties, defence, border rectification and those relating to subjects
military;
d) To appreciate the fundamental orientations of the national defence policy set out in the
program of the Government and debate and approve the great options of the concept
strategic national defence;
e) Legislate on the organization of national defence and the definition of her duties
stemming;
f) Legislate on the general bases of the organisation, of the functioning, of the
reequipment and discipline of the Armed Forces;
g) Legislate on restrictions on exercise of rights by military and agents
militarized in effective exercise;
h) Legislating on the limits of territorial waters, the exclusive economic zone and the
rights of Portugal on contigued marine funds;
i) Legislating on the definition of crimes of a strictly military nature and respect
feathers;
j) Legislate on the status of the military condition, in particular with regard to the
rights and duties of the military;
l) Legislate on the guiding principles of military careers;
m) Legislate on the mobilization and requisition regime;
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n) Legislate on military servitude and other restrictions on the right of ownership by
grounds relating to national defence;
o) Legislate on the organisation, operation, competence and process of the
military courts to function in time of war, as well as on the statute
of the judges ' respects;
p) To scrutinise the action of the Government in the exercise of its competences in relation to
national defence and the Armed Forces;
q) To appreciate the Government's decision to involve contingents or military forces in
military operations abroad, which it is communicated to you in advance, and
follow up the participation of these contingents or forces in the missions, in the terms
fixed in own law;
r) Eleger, by a majority of two-thirds of the Deputies present, provided that it exceeds the
absolute majority of the Deputies in effectivity of functions, two Deputies to
members of the Higher Council of National Defence.
Article 12.
Government
1-The Government is the driving body for national defence policy and the Armed Forces
and the top body of administration of national defence and the Armed Forces.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Council of Ministers, on national defence, in the framework of
political and legislative:
a) To propose to the President of the Republic the declaration of war and the feading of peace;
b) Be heard in advance of the declaration of the state of site and the state of emergency;
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c) Negotiate and adjust the international treaties in which the State assumes
international responsibilities in the field of defence, namely the
treaties of participation of Portugal in international security organizations
and defence, as well as the peace treaties, of defence, of rectifying borders and the
relating to military affairs;
d) Legislating in matters of development of the general bases of the regime of
mobilization and requisition;
e) Legislate in matters not reserved to the Assembly of the Republic or, under
authorization of this, on integrated subjects in the relative reserve respect,
particularly those referred to in points i ), l ), m ) and the ) of Article 11;
f) Submit proposals for law to the Assembly of the Republic;
g) To approve the fundamental guidelines of national defence policy, to be included in the
your programme, and ensure all the indispensable conditions for your implementation,
in the framework of the State Budget and the laws of military programming;
h) Approve the strategic concept of national defence;
i) To ensure the organization and operation of the National System of Mobilization and
Requisition and determine the mobilization of citizens for national defence, nos
terms of the law.
3-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Government, in matters of national defence, in the administrative scope:
a) Ensuring compliance with the Constitution and laws relating to national defence and
to the Armed Forces, in particular by making the necessary regulations to their
good execution;
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b) Without prejudice to the competence of the Assembly of the Republic, to guide and scrutinize the
implementation of the military programming law and the national defence budget, well
as the respect of heritage management, overseeing the exercise of the
own and delegated powers of the heads of state-largest in matters of
financial administration;
c) Ensuring that national defence is exercised by benefiting from the activities of
information from the competent bodies of the Republic Information System
Portuguese (SIRP) and the Armed Forces, under the law;
d) Ensure the capacity, means and preparedness of the Armed Forces for the
compliance with its missions;
e) To propose to the President of the Republic the appointment and exoneration of the Chief of the
State-Major-General of the Armed Forces and the Joint Chiefs of Staff
Armed, of the Army and the Air Force;
f) Directing the organs and services of direct administration and exercise guardian and
oversight over those of the indirect administration of national defense;
g) Apply for movable and immaterial goods, materials and immaterial, indispensable for the
national defense;
h) Approve the mechanisms that ensure cooperation between the Armed Forces and
the forces and the security services, with a view to the conjugated compliance
of its missions in the context of combating transnational aggressions or threats;
i) Communicating to the Assembly of the Republic, in accordance with the law, the decision of the Government
of involving contingents or military forces in military operations in the
foreign, and present circumstantial reports on such involvement, without
injury from other punctual or urgent information that is requested by you;
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j) To propose to the President of the Republic the appointment and exoneration of the commanders
or military representatives to the international organizations that Portugal
take part, as well as from the generational officers, naval force commanders, ground
or air, designated for the fulfillment of international missions in that
frame.
Article 13.
Prime Minister
1-The Prime Minister directs the policy of national defence and the Armed Forces, well
as the functioning of the Government in that matter.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Prime Minister, in national defence matters:
a) Directing the interministerial activity of enforcement of national defence policy and of the
Armed forces, including the definition of the national civil planning policy
of emergency;
b) Participate in the National Defence Council;
c) Informing the President of the Republic of the policy and decisions in the matters of
national defence and the Armed Forces;
d) Without prejudice to the provisions of the preceding paragraph, the employment of the Armed Forces, and of
other forces when integrated into a military force, in military operations in the
exterior of the national territory is always preceded by substantiated communication
of the Prime Minister to the President of the Republic;
e) Informing the President of the Republic, through reasoned communication, about
the employment of the Armed Forces in missions involving the collaboration with the
forces and security services against aggressions or transnational threats;
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f) To propose to the Council of Ministers, jointly with the Minister of Defence
National, the appointment and exoneration of 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;
g) To propose to the Council of Ministers, in conjunction with the Minister of Defence
National, the approval of the strategic concept of national defense.
3-The Prime Minister may delegate, in whole or in part, the competence referred to in the
point ( a ) of the previous number in the Minister of National Defence.
Article 14.
Minister of National Defence
1-The Minister of National Defence ensures the drafting and implementation of the policy of defence
national and the Armed Forces and is politically responsible for the military component
of national defence, by the employment of the Armed Forces and by their capacities, means and
preparedness.
2-The Minister of National Defence directs, assures and scrutinizes the administration of the Forces
Armed and the integrated services and bodies in the Ministry of National Defence.
3-Compete, in particular, to the Minister of National Defence:
a) Present to the Council of Ministers all proposals regarding the matter of the
competence of this body in the fields of national defence and the Armed Forces,
including its military component;
b) Participate in the National Defence Council;
c) Presiding over the Military Superior Council;
d) Directing the interministerial activity of enforcement of national defence policy and of the
Armed forces, by delegation of the Prime Minister;
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e) Approve the military strategic concept drawn up by the Council of Heads of
General Staff, in accordance with the strategic concept of national defense referred to
in Article 7;
f) Coordinate and guide the actions required to ensure compliance with
military commitments resulting from international agreements, namely the
participation of outstanding deployments of the Armed Forces in military operations in the
exterior of the national territory;
g) Coordinate and guide relations with partner ministries and institutions
foreign militaries and with the international organizations that pursue
assignments in military matters, without prejudice to the competence of the Minister of the
Foreign Affairs;
h) Guiding the drafting of the national defence budget, as well as of the laws of
military programming, and to guide and scrutinize respect for implementation and management
patrimonial;
i) To propose to the Council of Ministers, jointly with the Prime Minister, to
appointment and exoneration of the Chief of the Chief of Staff-General of the Forces
Armed and the Joint Chiefs of Staff of the Armada, the Army and the Force
Air;
j) To propose to the Council of Ministers, in conjunction with the Prime Minister, to
approval of the strategic concept of national defence and ensure the respect
execution;
l) Propose to the National Defense Council National Defence confirmation of the concept
military strategic and the approval, under project of the Council of Heads of State-
Major, of the specific missions of the Armed Forces and the system of forces
necessary to their compliance;
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m) Approve the device of the system of forces proposed by the Council of Heads of
General Staff;
n) Approve and make to publish the indispensable standards for the enforcement of the laws of defence
national and of the Armed Forces other than the competence of the Council of
Ministers;
o) To draw up and direct the national policy on armaments and defence equipment
national;
p) Elaborating and directing health policies to be developed in the military and
articulation with other state counterparts in the State;
q) To draw up and direct policies related to military higher education;
r) To exercise the powers of the Government concerning the direction of the organs and services of the
direct administration and to the tutelage and oversight over the organs and services of the
indirect administration of national defence;
s) Authorize the realization of maneuvation and military exercises outside the territory
national;
t) Licensing works in areas subject to military servitude, heard the Head of the State-
Largest of the branch of the competent Armed Forces;
u) Present to the National Defence Council, as well as to the Council of
Ministers, proposals for mobilization and requisition, required by
pursuit of the permanent goals of national defense policy;
v) Appoint and exonerate the holders of the organs subjected to their power of direction or
superintendence;
x) Approve the promotions to officer general, as well with the officers ' promotions
generals, after deliberation by the Council of Chiefs of Staff;
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z) Coordinate and guide the actions required to ensure the collaboration of the Forces
Armed with the forces and security services.
Article 15.
Competences of the other ministers
1-In coordination with the Minister of National Defence, all other ministers
they ensure the execution of non-military components of the national defence policy which
have been inspired by the scope of the assignments of the respected ministries.
2-Compete, in particular, to each minister:
a) To prepare the adaptation of its services for the state of war, the state of site and
the state of emergency;
b) Drive the action of your services in mobilization and requisition, in civil planning
of emergency and in civil protection.
Article 16.
Top National Defense Council
1-The Superior Council of National Defence is the specific consultation body for the
matters concerning national defence and the organisation, operation and discipline of the
Armed forces.
2-The Higher National Defence Council is chaired by the President of the Republic, who
has a vote of quality.
3-The Superior Council of National Defence has the following composition:
a) Prime Minister;
b) Deputy Prime Minister and Ministers of State, if any;
c) Minister of National Defence, Minister for Foreign Affairs, Minister of the
Internal Administration and Minister of Finance;
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d) Ministers responsible for the areas of industry, energy, transport and
communications;
e) Head of the State-Major-General of the Armed Forces;
f) Representatives of the Republic for Autonomous Regions;
g) Presidents of the governments of the Autonomous Regions of the Azores and Madeira;
h) Chairman of the National Defence Committee of the Assembly of the Republic;
i) Chiefs of the Joint Chiefs of Staff of the Armada, the Army and the Air Force;
j) Two Deputies to the Assembly of the Republic, elected under the terms of the r ) from the
article 11 para.
4-In the exercise of the competences provided for in Article 17 (2), the Higher Council of
National Defence shall consist exclusively of the members referred to in points a ) a and )
and i ) of the previous number.
5-The President of the Republic may, on his or her initiative, or at the request of the Prime Minister,
invite other persons to participate, without a right to vote, at meetings of the Council
Superior of National Defense.
6-The Superior Council of National Defence meets ordinarily every three months and
extraordinarily whenever he is summoned by the President of the Republic, by his
initiative or at the request of the Prime Minister.
7-The National Defense Council is secretarial by a general officer or other
personality of recognised merit, appointed and exonerated by the President of
Republic, heard the Government.
8-The post of the Secretary of the National Defence Council shall be equated, to
all effects, in charge of top direction of the first degree.
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9-Support for the National Defence Council is secured by the General Secretariat
of the Presidency of the Republic, in whose budget the necessary monies are entered into
execution.
Article 17.
Competence of the National Defence Council
1-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the National Defence Council, in the advisory framework, to issue
opinion on:
a) The declaration of war and the feading of peace;
b) The national defence policy;
c) The approval of international treaties in which the State assumes
international responsibilities in the field of defence, namely the
treaties of participation of Portugal in international security organizations
and defence, as well as the peace treaties, of defence, of rectifying borders and the
relating to military affairs;
d) The projects and proposals for legislative acts pertaining to defence policy
national and of the Armed Forces, the organization, operation and discipline of the
Armed forces and the conditions of employment of the Armed Forces in the state of
site and in the state of emergency;
e) The projects and proposals of military programming laws;
f) The project of strategic national defense concept;
g) The participation of deployments of the Armed Forces, and other forces when
integrated into a military force, in military operations abroad of the territory
national;
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h) The organization of civil protection, assistance to populations and the safeguarding of the
public and private goods, in the event of war;
i) The fundamental defence infrastructure;
j) The proposals for mobilization and requisition, necessary for the pursuit of the
permanent goals of national defense policy;
l) Other matters pertaining to national defence and the Armed Forces that are
submitted by the President of the Republic, on his own initiative or at the request of the
Prime Minister.
2-Without prejudice to other skills assigned to it by the Constitution or by the
law, it is incumbent on the Higher National Defence Council, in the administrative framework:
a) To confirm the military strategic concept and approve the specific missions of the
Armed forces and the system of forces required for their compliance, after
proposal of the Minister of National Defence;
b) Exert, in time of war, the powers provided for in Article 43;
c) Approve the proposals for appointment and exoneration of the commanders-bosses.
3-The opinions of the Higher National Defence Council are only published when
the one so deliberating.
Article 18.
Military Top Council
1-The Military Superior Council is the main consultation body of the Minister of Defence
National.
2-The Military Superior Council is chaired by the Minister of National Defence.
3-The Military Superior Council has the following composition:
a) Minister of National Defence;
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b) Head of the State-Major-General of the Armed Forces;
c) Chiefs of the Joint Chiefs of Staff, the Army and the Air Force.
4-Integrate still the Military Superior Council the Secretaries of State that co-adjude the
Minister of National Defence, unless otherwise decided by this.
5-The Minister of National Defence, for his initiative or at the request of any of the
members of the Council, may convene other public organ holders or invite
other people to participate in meetings of the Military Superior Council.
6-The Military Superior Council meets ordinarily every three months and
extraordinarily whenever he is summoned by the Minister of National Defence.
Article 19.
Competence of the Military Superior Council
It is incumbent on the Military Superior Council:
a) Issuing opinions on matters relating to national defence and the Armed Forces that
are the competence of the Government, the National Defence Council or the
Minister of National Defence;
b) Elaborate the draft projects of the military programming laws in accordance with
guidance from the Government.
CHAPTER IV
Ministry of National Defence
Article 20.
Assignments of the Ministry of National Defence
3-The Ministry of National Defence is the governmental department that has per mission
prepare and implement the national defence policy and the Armed Forces, as well as
ensure and scrutinize the administration of the Armed Forces and services and bodies
in it integrated.
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4-The Ministry of National Defence provides the necessary support for the exercise of duties
own from the Prime Minister within the framework of national defence and the Armed Forces.
Article 21.
Organic structure of the Ministry of National Defence
The organic structure of the Ministry of National Defence appears from decree-law, which identifies
the organs and services that integrate it, as well as the collective persons subject to the
oversight and the tutelage of the Minister of National Defence.
CHAPTER V
Armed forces
Article 22.
National Defence and Armed Forces
1-The Armed Forces are the national institution tasked with ensuring the military defence of the
Republic.
2-The Armed Forces obey the competent organs of sovereignty, in the terms
defined in the Constitution and the law.
3-The Armed Forces are at the service of the Portuguese and are strictly apartisan.
4-The Armed Forces make up exclusively of Portuguese citizens and their
organization is unique to the entire national territory.
5-A The execution of the military component of national defence rests in exclusive to the Forces
Armed, being prohibited the constitution of armed associations or groupings, of
military, militarized or paramilitary type.
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Article 23.
Integration of the Armed Forces into the State administration
1-The Armed Forces integrate into the direct administration of the State through the Ministry
of National Defense.
2-The Chief of the State-Major-General of the Armed Forces depends directly on the
Minister of National Defence, in the terms of the powers provided for in the Act.
3-The Joint Chiefs of Staff of the Armada, Army and Air Force depend
hierarchically of the Chief of the State-Major-General of the Armed Forces, in the subjects
concerning the responsiveness of the Armed Forces, specifically in the readiness,
employment and sustainment of the operational component of the system of forces.
4-Without prejudice to the previous number, the Joint Chiefs of Staff of the Armada, the Army and
of the Air Force depend on the Minister of National Defence, on the remaining subjects
provided for in the law.
Article 24.
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;
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d) Carry out the actions of military-technical cooperation, in the framework of national policies
of cooperation;
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.
Article 25.
Military condition
The military of the Armed Forces serves, exclusively, the Republic and the community
national and voluntarily assume the rights and duties that integrate the military condition,
in the terms of the law.
Article 26.
Fundamental rights
The military in the effectivity of service, permanent and under-regime frameworks of
volunteering and contract, enjoy the rights, freedoms and guarantees constitutionally
anticipated, with the restrictions on the exercise of the rights of expression, assembly, manifestation,
association and collective petition and the passive electoral capacity set out in this Law, nos
terms of the Constitution.
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Article 27.
General rules on the exercise of rights
1-In the exercise of their rights, the military in the effectivity of service is subject to the
duties arising from the status of the military condition, and shall observe a conduct
as per the military ethics and respect the cohesion and discipline of the Armed Forces.
2-The military in service effectiveness is rigorously apartisan and cannot use
your weapon, your post or your function for any political, partisan intervention or
trade union, in this consisting of your duty of exemption.
3-The military in service effectiveness is not applicable to constitutional norms
relating to the rights of employees whose exercise presupposes the rights
fundamental to which the following articles are referred, to the extent that by them they are
restricted, namely, trade union freedom, the right to creation and integration of
commissions of workers and the right to strike.
Article 28.
Freedom of expression
1-The military in the effectiveness of service has the right to utn public statements
on any subject, with the reservation itself of the status of the military condition, since
that those do not jeopardize the cohesion and discipline of the Armed Forces, nor the
duty of political, partisan and trade union exemption from its members.
2-The military in the service effectiveness is subject to duty of secrecy regarding the
subjects covered by the secret of justice or the secret of state and by others
classification systems, the facts regarding the device, the military capacity, the
equipment and operational action of the Armed Forces of which they have knowledge
by virtue of the exercise of its functions, as well as to the constant elements of
data centres and personnel records that cannot be disclosed.
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Article 29.
Right of meeting
1-The military in the effectiveness of service can, as long as it suits civilly and not
bear any national symbol or the Armed Forces, convene or participate in
legally convened meetings without a political-partisan or trade union nature.
2-The military in service effectiveness can attend politico-partisan meetings and
union lawfully summoned if they do not use the word or exercise any
function in its preparation, organisation or conduct or in the implementation of deliberations
outlets.
3-The right of assembly cannot be exercised within the units and establishments
military nor in such a way that it prejudgates the service normally assigned to the military or the
permanent availability of this for your fulfillment.
Article 30.
Right of demonstration
The military in the service effectiveness can participate in demonstrations legally
convened without a politico-partisan or union nature, as long as they are unarmed,
costume civilly and do not bear any national symbol or the Armed Forces and
provided that their participation does not endanger the cohesion and discipline of the Forces
Armed.
Article 31.
Freedom of association
1-The military in the effectiveness of service has the right to constitute or integrate associations
with no political, partisan or union nature, notably professional associations.
2-The exercise of the right of professional association of the military shall be governed by law of its own.
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Article 32.
Right of collective petition
The military in the service effectiveness has the right to promote or file petitions
collectives directed at the organs of sovereignty or other authorities, provided that the same
do not jeopardize the cohesion and discipline of the Armed Forces, nor the duty of exemption
political, partisan and union of its members.
Article 33.
Passive electoral capacity
1-During the state of war, the military in the service effectiveness cannot run
the elections for the organs of sovereignty, of the own government of the Autonomous Regions and of the
local power, or for the European Parliament.
2-In peacetime, the military in the service effectiveness, on unlimited leave or in
special committee, may apply for the organs referred to in the preceding paragraph,
upon special leave to be granted by the Chief of the General Staff of the branch to which
belong.
3-The application for issuance of the special permit must mention the will of the
applicant in being a candidate not enrolled in any political party and indicate the election
the one that intends to run.
4-A special permit is necessarily granted within 10 or 25 working days,
depending on whether the applicant is providing service on national or foreign territory, and
produces effects from the publication of the date of the electoral act in question.
5-The time elapsed from the granting of the special permit until the taking of the possession of the
job title for which he was elected, in the terms of the previous figures, counts as time of
stay in the post and as effective service time for the purposes of seniority, for
the military in the effectiveness of service.
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6-A Special licence lapses in the following situations:
a) When, following the final clearance of election results, the military
opts to take the job for that he was elected;
b) When the final clearance of the election results results that the
candidate was not elected;
c) With the declaration of war, state of site and the state of emergency.
7-In the case of exercise of the option provided for in the a) from the previous number, the military is
shot down to the picture, getting obliged to indemnify the state in case it did not
served the minimum effective service time in its category, in the terms and conditions
regulated in specific legislation and secondarily in the Status of Military Das
Armed forces.
8-In the situations provided for in points b ) and c ) of paragraph 6, the expiry of the special permit
determines the return of the military to the previous situation.
9-[ Revoked ].
10-[ Revoked ].
Article 34.
Provider of Justice
1-The military in the service effectiveness can, after depleted the resources
legally-provided administrative, file complaints to the Ombudsman by
actions or omissions of the public powers responsible for the Armed Forces, except
in operational matter or classified under the law.
2-The exercise of the right referred to in the preceding paragraph and the terms of the corresponding
acting of the ombudsman are regulated by law.
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Article 35.
Justice and military discipline
The specific requirements relating to the Armed Forces in matters of justice and discipline
are regulated by special laws.
CHAPTER VI
Defence of the Motherland
Article 36.
Defence of the Motherland and military service
1-A The defence of the Motherland is right and fundamental duty of all the Portuguese.
2-The civic duty of provision of military service is regulated by law, which sets the respects
shape, nature, duration and content.
3-The military service is based, in time of peace, on volunteering.
4-Citizens subject by law to the provision of military service may, exceptionally, be
convened for the Armed Forces in peacetime, in the terms provided for in the law that
regulates military service.
5-A The law referred to in the preceding paragraph provides for the situations in which citizens
exceptionally summoned to the Armed Forces can be waived from the
provision of military service.
Article 37.
Mobilization and requisition
1-The State may determine the use of the indispensable material and human resources
to national defense upon mobilization and requisition.
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2-All persons mobilized or covered by the obligations arising from
mobilization or requisition may be subject to the legal regimes of the discipline and justice
military, under the conditions fixed in the law.
Article 38.
Mobilization
1-The state can mobilize citizens for national defence.
2-A mobilization may cover all or a part of the population and may be
imposed for periods of time, by territorial areas and by sectors of activity.
3-A mobilization may determine the subordination of citizens by it covered
Armed forces or the civil authorities of the State.
Article 39.
Requisition
1-The State may requisition the movable and immaterial goods, materials and imaterials,
indispensable for national defense that is not possible or convenient to obtain from
other mode.
2-A The requisition may still focus on companies, services, industrial establishments,
commercial or scientific and goods that are object of inteletual and industrial property.
3-A application basket when the requisitioned goods cease to be necessary to the defence
national.
4-A The requisition confers the right to fair compensation.
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CHAPTER VII
State of war
Article 40.
Duration of the state of war
The state of war has existed since the declaration of war to the refecture of peace.
Article 41.
Acting of public bodies in a state of war
1-A The acting public bodies in a state of war comply with the following principles:
a) Full commitment to the pursuit of the purposes of the war;
b) Adjustment of the national economy to the war effort;
c) Mobilization and requisition of the resources necessary for the war effort;
d) Urgency to the satisfaction of the needs of the military component of national defense.
2-In a state of war, the competent organs adopt, in accordance with the Constitution and
the laws, all necessary and appropriate measures for the conduct of the war,
notably through the provision of all necessary resources to the defence
national and the Armed Forces to prepare and execute the military actions, as well as
for the restoration of peace.
Article 42.
Direction and conduct of war
1-A The superior direction of the war jointly competes with the President of the Republic and the
Government, within the respects constitutional limits.
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2-A military conduct of the war competes with the Chief of the State-Major General of the Forces
Armed, assisted by the Joint Chiefs of Staff of the Armada, the Army and the Force
Air, and the commanders-bosses, according to the guidelines and directives of the organs
of competent sovereignty.
Article 43.
Top National Defense Council during the state of war
1-In a state of war, the Superior National Defense Council works in session
permanent to assist the President of the Republic, the Prime Minister and the Minister of
National defense in the direction of war.
2-Compete to the Superior Council of National Defence, during the state of war:
a) Define and activate theatres and zones of operations;
b) Approve the letters of command intended for the commanders-chefes;
c) Approve the general direction of military operations and war plans;
d) To study, adopt or propose the indispensable measures to ensure the
needs of collective life and the Armed Forces.
3-The Minister of National Defence holds the National Defence Council
permanently informed about the politico-strategic situation.
4-The command letters define the mission, the dependence, the degree of authority and the area
where this is exercised, the entities covered, the means allocated and other aspements
relevant.
5-The letters of command are signed by the President of the Republic, by the First-
Minister, by the Minister of National Defence and the Chief of the State-Major-General of the
Armed forces.
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6-In a state of war and with a view to the execution of military operations, can the Council of
Ministers delegating to military authorities competences and means normally
assigned to the ministerial departments, upon proposal of the Higher Council of
National Defense.
Article 44.
Armed forces during the state of war
1-In a state of war, the Chief of the State-Major-General of the Armed Forces takes over the
full command of the Armed Forces, responding before the President of the
Republic and the Government for the preparation and conduct of military operations.
2-In the exercise of the command referred to in the preceding paragraph, the Chief of the General Staff-
General of the Armed Forces has as commanders-adjoining the heads of the state-
Greater of the Armada, the Army and the Air Force, which before it respond by the
execution of the superior directives and the performance of the respective forces.
3-The Council of Chiefs of Staff assists, in permanence, the Head of the State-
Largest-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 the areas of
operations.
4-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 and exoneration of the commanding respects and their letters of command.
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Article 45.
Damage and compensation
1-The damage of the war is the responsibility of the aggressor and the compensation for them
due is claimed in the peace treaty or the armistice convention.
2-The State does not respond civilly for the damage directly or indirectly caused by
military actions practiced during the state of war.
CHAPTER VIII
Final provisions
Article 46.
Military programming
1-A The forecast of military expenditure to be incurred by the State in the reequipment of the Forces
Armed and in defence infrastructure must be the object of medium term planning,
constant of military programming laws.
2-A budget proposal of the Ministry of National Defence, in the part concerning the
reequipment of the Armed Forces and defence infrastructure, includes
mandatorily set for the year in question in the military programming law in
vigour.
Article 47.
Fundamental rights restrictions in the framework of the Republican National Guard
The provisions of Articles 26 to 35 shall apply to the military of the permanent cadres and the
hired in effective service in the Republican National Guard.
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Article 48.
Security forces
1-Security forces collaborate on national defence in the terms of the
Constitution and the law.
2-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 operational articulation, for the
effects set out in paragraph and ) of Article 24 (1)
Article 49.
Abrogation standard
It is repealed the Act No 29/82 of December 11, amended by the Laws 41/83, of 21 of
December, 111/91, of August 29, 113/91, August 29, 18/95, July 13, and by the
Organic Laws n. ºs 3/99, of September 18, 4/2001, of August 30, and 2/2007, of 16 of
april.
Article 50.
Entry into force
This Law shall come into force on the day following that of its publication.
