Key Benefits:
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Proposal for Law No 295 /XII
Exhibition of Motives
Law No. 2/2013 of January 10 established a new legal regime of creation,
organization and operation of professional public associations.
The new regime sets out rules on the creation, organisation and operation of the
professional public associations and on the access and exercise of regulated professions by
professional public associations, with regard to, specifically, the free provision of
services, to freedom of establishment, to professional internships, to societies of
professionals, the regimes of incompatibilities and impediments, the advertising, well with the
widespread provision of relevant information on practitioners and on the
respects societies regulated by professional public associations.
In accordance with Article 53 of Law No 2/2013 of January 10, it becomes
necessary to appropriate the status of the professional public associations already set up under the scheme
statued by that Law.
By this Law proceeds to the adequacy of the Statute of the Order of Architects approved
by Decree-Law No. 176/98 of July 3, to the scheme provided for in Law No. 2/2013, 10 of
January, which in essence translates the maintenance of the already existing statutory provisions
with the amendments arising from the application of the said framework law.
It was heard the Order of the Architects.
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Thus:
In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d ) from the
n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a
the following proposed law:
Article 1.
Object
This Law makes the first amendment to the Decree-Law No. 176/98 of July 3, which
approves the Statute of the Order of Architects, in the sense of matching it to Law No. 2/2013, of
January 10, which establishes the legal regime for the creation, organisation and operation of the
professional public associations.
Article 2.
Amendment to the Statute of the Order of Architects
The Statute of the Order of Architects, adopted in annex to the Decree-Law No. 176/98, of 3
of July, becomes the constant essay in Annex I to this Law and of which it is a part
member.
Article 3.
Transitional provisions
1-A present law does not affect the current composition of the organs of the Order of Architects and the
mandates in progress on the date of their entry into force, with the duration initially
defined, with the exception of the regional admission boards and the national council of
admission that are extinguished in the terms provided for in the following article.
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2-Maintain themselves in office, until the end of the terms of respect, all elected officeholders
or designated, without prejudice to the immediate application of all the standards of procedure
and relating to the competence and functioning of the organs of the Order with the necessary
adaptations and in the terms of the provisions of the following numbers.
3-The national and regional discipline councils exercise until the term of the mandates
respects the competences assigned to the national and regional supervisory boards.
4-The national tax council shall exercise until the end of the mandate the competences
provided for in the new Statute, appointing an official reviewer of accounts up to the 30 business day
following the entry into force of this Law.
5-The general, national and regional assemblies, the national council of delegates and the
board of directors exercise the skills in electoral matters provided for in the Statute
in annex to this Act up to the installation of the new organs, owing up to the 30 th working day
following the entry into force of this diploma proceeding to the adaptation of the
"Regulation of the Election of Social Organs and Realization of Disputes".
6-Until the installation of the assembly of delegates, the current national council of delegates
exercises the competences assigned to the assembly of delegates by the annexed Statute I to the
present law.
7-Exceed from the provisions of the previous number the competences assigned to the Assembly
General in the Statute approved by the Decree-Law No. 176/98 of July 3, which continue
to be exercised by that organ.
8-Until its extinction, with the installation of the assembly of national delegates, the current
national council of delegates and table of the general assembly practise the acts of that
strictly indispensable to the regular functioning.
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9-Keep in place all the regulations emanating by the Order of Architects until the
date of entry into force of those who, by virtue of this legal framework, the
come to replace, with due adaptations and to the extent that they do not contravenes the
provisions of Law No. 2/2013 of January 10 and in the Statute approved in annex to the
present law.
10-The regulations emanating by the Order of the Architects that counter the provisions of the
Law No. 2/2013 of January 10 or in the Statute adopted in the annex to this Law,
they must be object of change within 120 days, from the date of entry into
vigour of this Law, under penalty of expiry of the provisions affected by the
incompatibility.
Article 4.
Organs extinguished
The national council and regional admissions boards are extinguished at 60.
next to the entry into force of the new Statute, by complying with the advice
national and regional guideline, depending on the cases all procedures in instruction or
for decision, after that date.
Article 5.
Abrogation standard
Article 2 of the Decree-Law No. 176/98 of July 3 is repealed.
Article 6.
Republication
It is republished in Annex II to this Law and of which it is an integral part, the Decree-Law
n. 176/98, of July 3, with the current essay.
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Article 7.
Entry into force
This Law shall come into force 30 days after its publication.
Seen and approved in Council of Ministers of March 12, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX I
(referred to in Article 2)
STATUS OF THE ORDER OF ARCHITECTS
CHAPTER I
General provisions
Article 1.
Nature and legal regime
1-A Order of the Architects, abbreviately designated Order, is the public association
representative of all those who exercise the profession of architect, in compliance with
the present Statute and with the law, continuing assignments of public interest which
are legally committed.
2-A Order is a collective person of public law and is subject to a rule of law
public in the performance of their public tasks.
3-A Order has legal personality and enjoys administrative, financial and administrative autonomy
patrimonial.
Article 2.
Scope and headquarters
1-The attributions of the Order respect the entire national territory.
2-A Order is based in Lisbon.
3-A Order comprises the following regional structures, called sections:
a) The regional section of the North;
b) The regional section of the Centre;
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c) The regional section of Lisbon and Vale do Tejo;
d) The regional section of the Alentejo;
e) The regional section of the Algarve;
f) The regional section of Madeira;
g) The regional section of the Azores.
4-Without prejudice to the provisions of Article 87, the sections referred to in the preceding paragraph shall be
constituted with the territorial basis corresponding to the five level II units (NUT
II) and the autonomous regions of the Azores and Madeira.
Article 3.
Purposes and attributions
1-A The order is to ensure the safeguard of the constitutional interest by a correct
spatial planning, by a quality urbanism, by the defence and promotion of the
landscape, the edified heritage, the environment, quality of life and the right to
architecture.
2-Are assignments of the Order, in general, those set out in Article 5 of Law No 2/2013, of
January 10, by incumbent on him, in particular:
a) Contribute to the defence and promotion of architecture, in recognition of its
social and cultural function, and to ensure the dignity and prestige of the profession of architect,
promoting the professional and scientific valorisation of its associates and the defence
of the established deontological principles;
b) Admitting and regulating the enrollment of the architects as well as granting, in
exclusive, the professional title professional;
c) Participate in the official accreditation processes and the evaluation of the courses that
allow access to the profession of architect;
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d) Recognizing the professional qualifications obtained outside the national territory, in the
terms of the law, the law of the European Union or international convention;
e) Elaborate and approve the internal regulations of an associative and professional nature
and participate in the drafting of legislation or pronouns on the work
preparatory legislative and regulatory acts with a reach on the architecture
and the own acts of the profession;
f) Represent the architects before any public or private entities;
g) Contribute to the elevation of the architect's training standards;
h) Defend the interests, rights and prerogatives of the associates;
i) Making respect for principles and rules of ontological and exercising disciplinary power
about all national and foreign architects who exercise the profession in
national territory;
j) To foster the exchange of ideas and experiences among the members, between
foreign and international congenic bodies, notably by means of
interdisciplinary coordination initiatives, both at the level of training and
research, both at the level of professional practice;
k) Collaborate, sponsor and promote the editing of publications that contribute to
a better public clarification of the implications and relevance of architecture;
l) Collaborate with schools, colleges and other educational and cultural institutions in
initiatives that target the training of the architect;
m) Providing services to its members, in the case of the professional exercise,
specifically in relation to information and vocational training;
n) Regulate the professional internships by you organized and participate in your
evaluation;
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o) Filming yourself or establishing agreements with national, international organizations and
foreign with related objectives;
p) Follow up on the general situation of the teaching of architecture and give it look like all
the subjects related to such teaching;
q) Keep up to date the professional register and record the authorship of the work
professionals, under the law;
r) Grant the specialty professional specialty titles in urbanism,
architectural heritage and management, direction and supervision of works;
s) Assign prizes or honorific titles specified in own regulation;
t) Collaborate in the organisation and regulation of competitions that are going on in the
your goals and participate in your juries.
3-A Order may constitute an assistant in the criminal proceedings relating to the
exercise of the profession it represents or with the performance of positions in your organs.
CHAPTER II
Members
Article 4.
Species of members
The Order integrates effective members and extraordinary members.
Article 5.
Effective members
1-Can enrol as effective members the Enabling Training holders in the
domain of architecture that have completed with stage harnessing
professional in the terms of this Statute.
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2-For the purposes of the provisions of the preceding paragraph, it shall be deemed to be as empowering training
in the domain of architecture:
a) The entitlement of the degree of licentiate in architecture or in the domain of architecture
meeting the requirements of paragraphs 1 and 2 of Article 43 of Law No 9/2009 of 4 of
March, as amended by the Laws 41/2012, of August 28, and 25/2014, of May 2,
conferred following a cycle of studies carried out in the frame of the
organization of previous studies to the scheme of organization of studies introduced
by Decree-Law No. 74/2006 of March 24, amended by the Decrees-Laws
n. ºs 107/2008, June 25, 230/2009, of September 14, and 115/2013, of 7 of
august;
b) The entitlement of the master's degree in architecture or in the domain of architecture that
meets the requirements of Article 43 (1) and 2 of Law No 9/2009 of 4 of
March, amended by the Laws 41/2012, of August 28, and 25/2014, of May 2
conferred following a cycle of integrated master's studies carried out in the
framework of the organization of studies introduced by Decree-Law No. 74/2006, of
March 24, amended by the Decrees-Laws No 107/2008 of June 25,
230/2009, of September 14, and 115/2013, of August 7;
c) The entitlement of a foreign higher academic degree in the field of
architecture to which has been conferred equivalence to the degrees to which they refer to
points a ) or b ) or that have been recognized with the level of these.
3-Can still enrol as effective members the societies of architects and the
associative organizations of professionals from other Member States.
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Article 6.
Right of establishment
1-The recognition of professional qualifications of national Member State of the
European Union or the European Economic Area obtained outside Portugal for your
enrollment as a member of the Order is governed by Law No. 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2, without prejudice
of special conditions of reciprocity should the qualifications in question have been
obtained outside the European Union or the European Economic Area.
2-The professional who intends to register in the Order under the preceding paragraph and
who pay services, in a subordinate or autonomous manner or in the quality of a partner or
which act as a manager or administrator in the Member State of origin, in the framework of
associative organization of professionals, noted the provisions of Article 37 (4) of the
Law No. 2/2013 of January 10, shall identify the organization concerned in the application
presented in accordance with Article 47 of Law No. 9/2009 of March 4, amended by the
Laws No 41/2012, of August 28, and 25/2014, of May 2.
3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the
application for recognition of qualifications, must the associative organization in question be
identified before the Order within a maximum of 60 days.
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Article 7.
Free provision of services
1-The legally established professionals in another Member State of the European Union
or the European Economic Area and which there will develop activities comparable to the
professional activity of architect regulated by this Statute may exercise them, de
occasional and sporadic form, in national territory, in regime of free provision of
services, pursuant to Law No 9/2009 of March 4, as amended by the Laws 41/2012,
of August 28, and 25/2014, of May 2.
2-The professionals referred to in the preceding paragraph may make use of the professional title of
architect whenever your qualifications are considered reconnaissance
automatic under the terms of Law No. 9/2009 of March 4, amended by the Laws
n. paragraphs 41/2012, of August 28, and 25/2014, of May 2, and are, in any case,
equipped the architect for all legal effects, except when the other way round results
of the provisions in question.
3-The professional who pays services, in a subordinate or autonomous manner or in quality
of a partner or who atue as a manager or administrator in the Member State of origin, in the
scope of associative organization of professionals and intend to exercise their activity
professional in national territory in that capacity, in regime of free provision of
services, must identify before the Order the associative organization, on account of which
provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.
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Article 8.
Professional stage
1-In the frame of the specific mission of public interest of the profession of architect a
enrollment in the Order comprises an experimental professional internship in the own acts
of the profession that allows for the deontological training and the deepening of the
technical and scientific knowledge necessary for the performance of the profession,
particularly those that are relevant to the commitments made in the terms of
responsibility for architectural projects and other own activities of the
profession of architect.
2-The professional internship has the duration of 12 months, is promoted by the Order and rendered
under reception and the supervision of an advisor.
3-A The host entity is the natural or collective person, public or private, who,
developing activities in domains related to the profession's own acts
of an architect pursuant to this Statute, accepts to host stages of the Order and
certifying such acceptance, and may, in the cases of natural persons, be cumular such
responsibility with that of advisor.
4-The advisor is a member of the enrolled Order for at least five years, in full
exercise of your rights.
5-Compete to the internship advisor:
a) Accompany the trainee, at the technical and pedagogical level and supervise your
progress in the face of the objectives of the internship;
b) Evaluate, prior to the term of the internship, the results obtained by the trainee.
6-Compete to the trainee:
a) To develop the activities proposed by the advisor in the framework of the internship;
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b) Participate in the professional training actions, in general, that comprise the
knowledge of the statutory standards and principles of the Order, and in particular in the
deontological training actions;
c) Present the application notebook, accompanied by the opinion of the advisor,
on the time limits determined in the enrolment regulation.
7-A The suspension and cessation of the internship are defined by the Decree-Law No. 66/2011, 1 of
June.
8-During the period of the internship, the host entity hires an insurance for
coverage of personal accidents for the benefit of the trainee.
9-During the probationary period, the civil liability of the trainee member shall be
guaranteed by personal liability insurance of professional civil liability, whose minimum limit
should be proportional and appropriate to the acts allowed to you to practice.
10-The national board of directors annually defines the number of enrollment periods,
that it cannot be less than two, and the calendar respect.
11-The professional stages of adaptation as a measure of compensation are governed
by Law No. 9/2009 of March 4, amended by the Laws 41/2012 of August 28, and
25/2014, of May 2.
12-The professional internship of the Order does not confuse with promoted professional internship
by the public employment service.
13-Without prejudice to the provisions of the preceding paragraph, the Order may decide forms of
recognition or equiparation of the stages promoted by the public service of
employment.
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Article 9.
Extraordinary members
1-A The condition of extraordinary member of the Order covers the following categories:
a) Honorary members;
b) Corresponding members;
c) Trainee members.
2-Are honorary members the natural or collective persons that the Order understands
distinguish in the reason of important contributions within the framework of their objectives.
3-Are corresponding members of natural or collective persons, national or
foreign, which, by their activity, can contribute to the realization of the purposes of the
Order, the students of architecture and the members of congenic associations
foreigners, in conditions of reciprocity.
4-Are trainee members the natural persons with training in the field of
architecture, recognized in the legal terms and of this Statute, during the period of
stage.
Article 10.
Cancellation or suspension of enrollment
1-The cancellation of the enrolment of a member takes place at the request of the person concerned.
2-Enrollment is suspended in the following situations:
a) At the request of the person concerned;
b) To the members to which the disciplinary penalty of suspension has been applied;
c) When to check a mismatch situation.
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CHAPTER III
Organization
SECTION I
General provisions
Article 11.
Organs
1-A Order comprises national and regional bodies.
2-Are national bodies:
a) The congress;
b) The general meeting;
c) The assembly of delegates;
d) The national governing board;
e) The board of national discipline;
f) The tax advice.
3-Are regional bodies:
a) The regional assemblies;
b) The regional guideline councils;
c) The regional discipline boards.
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Article 12.
General rules
1-The mandates for the organs of the Order have the duration of three years and they can only be
renovated for once.
2-A The renewal limitation referred to in the preceding paragraph applies to all the
elected members for a same term in the executive bodies, regardless
of the post they perform.
3-It is not admitted to accumulation of posts.
4-A activity in all organs is exercised free of charge, with the exception of the board
national directive and regional directive boards, when they have character of
regularity and permanence, and provided that the remuneration of its members if
find it entered in the budget in own budget, pursuant to the internal regulation.
5-A resignation, death or prolonged impediment of a member of any organ
determines your replacement by the successive candidate on the same list of the last act
election or by the candidate indicated as an alternate, if that is the case, applying the
limitations to the renewal of mandates provided for in paragraphs 1 and 2.
Article 13.
Applications and eligibility
1-Only effective members with the enrollment in force and in the full exercise of their
rights may be candidates or underwriters of applications to the organs of the Order.
2-How much to the executive bodies the mandate complies with the following requirements of
eligibility:
a) Not be the holder of direction of direction in other architects ' associations;
b) Not to be the holder of public political office.
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3-A Election for national or regional bodies of the Order depends on proposal of
candidacy, subscribed by the number of effective members under conditions of eligibility
established in the electoral regulation, presented to the presidents of the respects
assemblies.
4-A The presentation of the candidate lists to the various social bodies takes place up to the thirtieth
day prior to the date scheduled for the electoral act.
5-Each proposal for a national or regional application comprises, under penalty of immediate
rejection, a list of the candidates for all organs, national or regional, with the
declaration of acceptance and the nomination of the candidate for president and the vice-president,
when it is the case.
Article 14.
Elections
1-The suffrage for all organs is universal, direct, secretive and periodic, in the terms of
regulation of its own, and takes place on the date designated by the president of the general assembly
or outgoing regional.
2-Only have voting rights the effective members on an individual basis with the enrollment in
vigour and in the full exercise of their rights.
3-The vote is secret, and may be exercised personally, by means of an electro-electronic means when
provided for in the electoral regulation in force, or by correspondence, directed, as
the case, to the president of the general assembly or to the president of the regional assembly.
4-In the case of a mail-order vote, the bulletin, after enclosed in overwriting
own, it is accompanied by statement by the voter, whose signature is authenticated in the
legally-anticipated terms, or by joining photocopy of the identity card or the
Citizen card.
5-Elections for national and regional bodies take place on the same date.
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SECTION II
National bodies
Article 15.
Congress
1-The congress gathers triennially and in it can participate, the effective members with
enrolment in force and in the full exercise of their rights, the extraordinary members,
people who meet the conditions of enrolment, as well as the rest that, for the
effect, be expressly invited.
2-The congress is organized by the national governing council, in collaboration with the
directional board of the region where it is held and is directed by the president of the desk of the
general assembly.
3-The congress takes place alternately in the territory of the various regional sections.
4-Compete to congress:
a) Pronounce on the exercise of the profession and its status, as well as on the
improvement of the architecture in its artistic, technical components and
humanistic;
b) Discussing the communications of scientific, artistic, technical and cultural character that
are presented;
c) Approve the orientation motions and recommendations of associative character and
professional.
Article 16.
General assembly
1-A General assembly is composed of all the effective members who meet with
enrolment in force and in the full exercise of their rights.
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2-A General assembly meets ordinarily to elect the table and national bodies, and
extraordinarily by convening the president in the terms of the following number.
3-The President shall convene the general meeting at the request of the assembly of delegates, of the
national governing council, the national tax council, a regional assembly, or
of five percent of the effective members who find themselves with enrollment in force and
in the full exercise of their rights.
4-A The table of the general assembly is composed of five members, one President and two
secretaries, elected in general assembly, and two vice-presidents, elected in assembly
general from among the presidents of the regional assemblies.
5-A General assembly meets at the national headquarters or regional headquarters, as provided for in the
convenor the determination of the president, or at the place where the congress works,
when in concurrent session with this.
6-If, at the time marked in the convening of the general meeting, they are not present,
at least, half of the effective members who find themselves with enrollment in force and
in the full exercise of their rights, the meeting will begin an hour later, with the
presence of any number of members.
7-The provisions of the preceding paragraph shall not apply, to the extraordinary meetings of the assembly
general, convened by solicitation of five percent of its effective members that if
find with enrollment in force and in the full exercise of their rights, in which case the
general assembly only meets in the presence of half of the applicants.
Article 17.
Competence of the general assembly
1-The general assembly competes:
a) Electing and impeding, under the terms of this Statute, the holders of the organs
national and the members of the table;
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b) Pronouns on all matters related to the profession.
2-A removal of the members of the national bodies can only be deliberated in assembly
general in which they participate, at least five percent of their effective members and with
favorable vote of more than three-quarters of the members present.
Article 18.
Assembly of delegates
1-A Assembly of delegates is composed of 21 members, elected by the system of
proportional representation according to the method of the highest average of Hondt , in the
territorial circles provided for in Article 2 (3)
2-The chairpersons of the regional assemblies integrate the assembly of delegates, without
right to vote.
3-Each territorial circle elects at least one representative, the remaining being
reparties by the territorial circles proportionally to the number of voters of each
one, according to the respective electoral notebooks.
4-It Is Incumbent on the table of the general meeting to share the number of seats by the various
circles, in the terms of the preceding paragraphs and proceed to their official disclosure.
5-The lists must include, for each constituency, the candidates in it enrolled in the
respects number of places and still the number of alternates established.
6-The chairman of the assembly of delegates is designated by the most voted list among the
their elected candidates and the vice-president and the two secretaries are elected in the first
meeting in which that preside.
7-A The first meeting of the assembly of delegates is directed by the oldest elected and
secretariated by the newest, up to the designation of the president.
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8-A assembly of delegates meets at the national headquarters or regional headquarters, as per
determination of the President, ordinarily four times a year and,
extraordinarily, by convening of its president or the request of the president
of any other national body.
9-A assembly of delegates can only deliberate with the presence of the majority of their
members, including the president or vice-president, and their deliberations are
taken to the plurality of votes, availing the President or the Vice-President, at the
absence of the first, of quality voting in case of a tie.
10-Meeting of the assembly of delegates may be open to the members of the Order
in the terms of your regiment.
Article 19.
Competence of the assembly of delegates
1-At the assembly of delegates compete:
a) Discuss and vote on the overall plan of activities, the budget and the report and accounts
presented by the national governing board, accompanied by the respect opinion
drawn up by the national tax council;
b) Set the value of the quota to be paid by the members and the allocation of the revenue of
quotization between the national governing council and the regional governing boards,
under proposal of the first and ears the seconds, upon approval of the majority
of its members;
c) Discuss and approve proposed amendments to this Statute, heard the
regional assemblies, upon approval of at least two thirds of their
members;
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d) Approve, on a proposal from the national governing board, the necessary regulations
the implementation of this Statute, in particular the, of the professional stage,
election and the organisation and operation of regional and local structures,
by a favourable vote of the majority of its members;
e) Pronounce on the activity of all social organs, with the exception of the
general assembly and regional assemblies;
f) Approve motions and recommendations of a professional and associative character, by your
initiative or at the initiative of 2% of the effective members who meet with
enrolment in force and in the full exercise of their rights;
g) Resolving the conflicts of competence between social bodies;
h) Pronount on proposals from the national governing council for membership in
institutions with objectives related to those of the Order;
i) Designate, under proposal of the national directive board, the provider of the architecture,
your regulation and pay respects;
j) Approve the proposals drawn up by the national governing board on divestance
or burdening of immovable property, heard the national tax council;
k) Organize the internal referendum processes and set your date.
l) Constitute commissions of work pursuant to its internal regiment;
m) Approve the internal regiment regiment.
2-Exercise advisory functions the solicitation of the social bodies.
3-A fixing of the value of quotas and fees should be based on a study that mersely
properly the proposed amounts, observed the requirements set out in the general law
on the fees and other contributions from the Public Administration.
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Article 20.
National guideline council
1-The national governing board is composed of:
a) A President;
b) A vice-president;
c) Seven vowels;
d) The presidents of the regional direct boards, by inherence.
2-The President, the Vice-President and the vowels provided for in paragraph 1 shall be elected by the Assembly
general, owing the candidate lists to the election to include members of the Order inscribed on
more than a regional section.
3-The President shall be the representative of the Order, in judgment and outside of it, and may delegate that
representation in the vice president of the national directional council, in the presidents of the
national bodies or in the presidents of the regional governing boards.
4-The president may convene for the meetings of the national governing board the president
of another national or regional body, which they have no right to vote for.
5-In the first session of each triennium, the national directional council elects, from among its
members, the secretary, the treasurer and the executive board, and may commit to these
competencies indicated in the paragraphs of the following article.
6-Application lists must submit three alternates.
7-The board works at the headquarters of the Order and meets, at least, once a month,
upon convocation of the President.
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8-The council may act only with the presence of the majority of its members, including the
president or the vice president, and their deliberations are taken to the plurality of
votes, available to the President or the Vice-President, in the absence of the first, of the vote of
quality in the event of a tie.
9-A coordination of the activity and current management of the Order in the interval between sessions
of the board competes with an executive board, made up of a minimum number of
three elements chosen by the national directional council from among its members
elected, apply, with due adaptations, the provisions of the preceding paragraph.
Article 21.
Competence of the national governing council
It is incumbent on the national governing board:
a) Define the position of the Order in the face of the organs of sovereignty and administration
public, in what is to be reported with the pursuit of the tasks of the Order;
b) Issue opinion, and participate in the preparatory work, relatively to projects
of legislative diplomas that are of interest to the exercise of the profession of architect and
propose the legislative changes to be judged by convenient, ear the
regional guideline boards;
c) Driving the national scope services of the Order;
d) Coordinate the activity of the Order by meeting with the regional boards,
at least semester in order to ensure the participation of these in the
definition of national guidelines;
e) To undertake the respect and fulfillment of this Statute and to draw up the
internal regulations necessary for its implementation and the pursuit of the purposes
institutional of the Order, ears the competent bodies;
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f) To make the deliberations of the general meeting and the assembly of delegates;
g) Propose to the assembly of delegates the general plan of activities and budget of the
Order for the following calendar year and the report and accounts relating to the calendar year
previous;
h) To propose to the assembly of delegates the value of the quota to be paid by the members and the
apportionment revenue breakdown formula among the boards of the
national and regional, ears the last;
i) Raise and distribute recipes, carry out expenses, accept donations and inheritances or
legacies, as well as alienating or burdening goods;
j) Collect the general revenues of the Order, when collection does not belong to the
regional guideline advice, and authorize expenses on account of the general budget
of the Order;
k) Providing services to members and other entities;
l) To establish the criteria for the appointment of experts in the cases of solicitation of
judicial or administrative authorities;
m) Constitute thematic organizations for the execution of tasks or the elaboration of
studies on subjects of interest to the Order;
n) Driving the international relations of the Order;
o) Organizing the congress and setting its themes, heard the assembly of delegates;
p) Recognizing the professional qualifications obtained outside the national territory in the
terms of transposition into the internal legal order of the Directive
n. 2005 /36/CE, of the European Parliament and of the Council, of September 7 of
2005, for the purpose of enrolment of members or for the registration of architects in
free provision of services;
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q) Grant the professional title of architect;
r) Assign the status of a corresponding member upon application of the
candidate;
s) Assign the status of an honorary member, upon written proposal and
duly substantiated by any of its members;
t) Define the conditions of periodic realization of the internship, in the framework of the present
Status and the respect of the Regulation;
u) Carry out the disciplinary decisions of the national discipline council;
v) To propose to the assembly of delegates to the approval of regulations;
w) To propose to the assembly of delegates, the appointment of the provider of architecture, its
regulation and pay respects;
x) Admit the enrollment of member of the Order;
y) Approve the regiment respect.
Article 22.
Council of national discipline
1-The national discipline council is the organ that zela for the fulfillment of the present
Status and the lawfulness of the activity exerted by the other organs of the Order,
by exercising the powers in disciplinary and deontology, being independent in the
exercise of the functions and avails of own allocation in the budget of the Order.
2-The board of national discipline consists of a president and four vowels
elected in general assembly and gathers at the headquarters, by convening of the president.
3-Application lists must submit two alternate candidates.
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4-In the exercise of your competences the national discipline council can be supported
by a jurist assigned by that one.
Article 23.
Competence of the national discipline council
It is incumbent on the board of national discipline:
a) Judging the resources of the deliberations in disciplinary matters of the boards of
regional discipline;
b) Judging the resources of the deliberations of regional directional boards that do not
they admit to the enrollment of professionals in the Order;
c) Judging the resources of the deliberations of the national governing council taken to the
shelter from the point p ) of Article 21;
d) Exercising the disciplinary power over the holders of the social bodies of the Order by
facts practiced in the exercise of the respected posts;
e) Arbitrate conflicts in which they intervene the members of the Order referred to in the
previous point;
f) Issue opinion on the projects of enrollment and internship regulations
professional;
g) Proceed to the verification of the statutory compliance of the referendum processes;
h) Approve the regiment respect.
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Article 24.
Tax advice
1-The national tax council consists of a president and two vowels, elected in
general assembly, and gathers at the headquarters, by convocation of its president.
2-The tax council further integrates an official reviewer of accounts, designated by the members
elected, without a right to vote, with the exception of the matter provided for in the paragraph b ) of Article 25 para.
3-Application lists must submit an alternate candidate.
Article 25.
Competences of the tax council
It competes with the national tax council:
a) Examine at least quarterly the financial management of the Order;
b) Give advice on the report and accounts;
c) Give opinion on the annual activities and budget plans presented by the
national governing council;
d) Issue opinion on the use of funds and on the disposal of immovable property from the
Order.
SECTION III
Regional bodies
Article 26.
Composition and operation of regional assemblies
1-In each regional section, a regional assembly operates, consisting of all the
members enrolled by that section and in the full exercise of their rights.
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2-A The table of the regional assembly consists of a president, two secretaries and one
supplent.
3-Regional assemblies convene ordinarily for the election of the respective table and of the
remaining regional bodies, as well as to appreciate the annual plan of activities and the
Respecting report of the regional governing council.
4-The operation of the regional assemblies apply, with the necessary adaptations,
the rules set out in this Statute and in the Regiment of the general assembly.
Article 27.
Competence of regional assemblies
It is incumbent on regional assemblies:
a) Electing and impeding regional bodies;
b) Approve the annual plan of activities of the regional governing council and its
report;
c) To comment on matters of a professional and associative character;
d) Appreciate the activity of regional social bodies and approve motions and
recommendations of a professional and associative character;
e) Pronouns on proposals for the creation of new regional sections;
f) Pronount on proposals for statutory amendment;
g) Pronount on the topics of the congress;
h) Examine the financial management of the regional governing board;
i) Appreciate associative activity in the region;
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j) Deliberating on the installation of local structures (delegations and or nuclei),
depending on its largest or smaller territorial circumscription, which by delegation of the
regional sections exert certain activities and services of those, under
proposal of the regional directional council.
Article 28.
Composition and operation of regional advisory boards
1-In each regional section, a regional directional council, consisting of a
president, a vice president and three to seven vowels, pursuant to the regulation of
organization and operation of regional and local structures.
2-Application lists must submit up to three alternate candidates, under the terms of
regulation of organization and operation of regional and local structures.
3-In the first session of the triennium, each regional directional council elects, from among its
members, a secretary and a treasurer.
4-The chairman of the regional governing board convenes and directs the meetings, with a vote of
quality and represents the respect section, specifically in the periodic meetings with the
national governing board under the terms of the ( d ) of Article 21 para.
5-The president may convene, to take part in the meetings of the board of directors
regional, without a right to vote, the presidents of other regional or local bodies.
Article 29.
Competence of regional boards of directors
It is incumbent on the regional governing board:
a) Represent the Order in the region's respective respects, specifically in the face of the
regional and local bodies;
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b) To promote the affiliation of the respect section in regional framework organizations,
national or foreign, with related objectives, heard the board of directors
national;
c) To cooperate with the other organs of the Order in the pursuit of their assignments;
d) Administer and direct the regional services;
e) To undertake the respect and fulfillment of this Statute, of the Regulations
and of the general guidelines of the Order defined by national bodies
competent;
f) Submit to the approval of the regional assembly the activities plan and the report
annual;
g) Adopt the administrative procedures necessary for the regular collection of the
shares of members enrolled in the respective region, accompanying and
promoting the coercive processes of execution;
h) Collect the own revenues from the services to your office, and authorize expenses, in the
terms of the overall plan of activities and budget;
i) Instruct the enrollment processes of professionally established members
in the area of the region, for decision of the national guideline council;
j) Send to the national governing board the list of all enrolled members, for
effects of registration and granting of the respective professional title;
k) Providing services to members and other entities, specifically giving
advice to the organization of contests and appoint representatives of juries;
l) Constitute work commissions of a regional scope and appoint its members;
m) Adjudication, the request of the national directive board, on projects of
legislative and regulatory diplomas;
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n) Adjudication, the request of the national directive board, on proposals of the
value of the quota to be paid by the members and the revenue allocation formula of
quotization among national and regional direct boards;
o) Give execution to the disciplinary decisions of regional discipline boards;
p) Certify the enrolment of members;
q) Organizing the professional internship, in accordance with this Statute, the respect
regulation and the guidelines of the national governing council;
r) Approve the internal regiment regiment.
Article 30.
Regional discipline boards
1-The regional discipline boards exercise the powers in disciplinary matters and
deontology in the respect of region and are independent in the exercise of the functions, availed
of own endowment in the budget of the Order.
2-The regional discipline boards are composed of a president and four vowels,
elected by the regional assembly, and meet at their headquarters, by convening the president.
3-Application lists must submit two alternate candidates.
Article 31.
Competence of regional discipline boards
1-Compete to the regional discipline boards:
a) Exercising the disciplinary power in the first instance on the members of the Order
with a professional domicile in the area of the corresponding section, without prejudice to the
provisions of the paragraph and ) of Article 23;
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b) Arbitrate institutional conflicts between members or between these and third parties, without
prejudice to the provisions of paragraph d ) of Article 23 (4);
c) Check the compliance of the operation of the delegations and local nuclei with the
this Statute and the Respect Thereof;
d) Approve the regiment respect.
2-In the exercise of your competences the regional discipline council can be supported
by a jurist assigned by that one.
SECTION IV
Other structures
Article 32.
Provider of the architecture
1-Compete to the provider of the architecture defend the interests of the recipients of the
professional services provided by members of the Order.
2-The provider of the architecture exercises its mandate by the time of the members ' mandate
of the national governing council, regardless of the eventual ousting of these, and not
may be impeached, save for a serious lack in the exercise of his duties.
3-Compete to the provider analyzing the complaints made by the recipients of the services and
make recommendations, both for the resolution of these complaints, and in general for the
improvement of the performance of the Order.
4-The post of provider is remunerated pursuant to the regulation approved by the
assembly of delegates.
5-In the case of being a member of the Order, the person assigned to the post of provider requires
the suspension of its enrollment pursuant to this Statute and the regulation of
inscription.
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Article 33.
Colleges
1-Can be constituted colleges with functions of study, training and dissemination, in the
domain of architecture, whenever they are in question areas with technical characteristics
and private scientific, which take on cultural, social or economic importance and
imply a specialization of knowledge or professional practice.
2-A The quality of member of the college does not differentiate the architect from the other architects not
enrolled in the said college, particularly as to the possibility of, in exclusive,
practise any act of the profession, even if you are bestoed the qualification of
specialist.
3-Colleges referred to in the previous figures do not constitute colleges of specialty
for the purposes of the provisions of Article 14 (2) of the Law No 2/2013 of January 10,
being the respect of constitution and mode of operation defined by regulation
internal.
CHAPTER IV
Internal referendums
Article 34.
Object of the referendums
1-A Order may carry out, at the national level, internal referendums with binding character
to its members, intended to subject the vote to the issues that the assembly of
delegates consider sufficiently relevant and understood in the assignments
defined in this Statute.
2-The questions should be formulated with clarity and for yes or no answers.
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3-The matters relating to matters that this Statute confers on the competence
deliberative of national body can only be submitted to binding referendum
upon authorization of that organ.
4-They are compulsorily subjected to internal referendum the dissolution proposals of the
Order.
Article 35.
Organisation of referendums
1-Compete to the assembly of delegates set the date of the internal referendum, the issues to
appreciate and organize the respect process.
2-The issues to be submitted to the internal referendum are disclosed to all the members
of the Order and shall be the subject of clarification and debate meetings.
3-Without prejudice to the provisions of the following number, the proposed amendments to the questions to
submit the internal referendum must be addressed in writing to the President of the
assembly of delegates during the period of enlightenment and debate, by members of the
Order duly identified.
4-The internal referendum proposals subscribed to by a minimum of 5% of the members
effective of the Order with enrollment in force and in the full exercise of its rights no
may be object of change.
Article 36.
Effects of referendums
1-The binding effect of the internal referendum depends on the number of voters being higher than
half of the effective members in the full exercise of their rights, in compliance
with the electoral notebooks.
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2-When dealing with issues concerning the dissolution of the Order, the approval lacks the
express vote of two thirds of the members effective in the full exercise of their rights,
in compliance with the electoral notebooks.
3-The results of the internal referendums are released by the assembly of delegates after
the recetion of the partial ascertainments.
CHAPTER V
Financial regime
Article 37.
Revenues of the national structure
They constitute revenue from the national structure of the order:
a) The percentage of the quotization that is set by the assembly of delegates;
b) The eventual product of the editorial activity, the services and other activities of
national scope;
c) The heritages, the legacies and their fruits, the donations and the subsidies;
d) The interest of bank deposits, including those of the reserve fund and the fund
of comparticipation;
e) The income of the movable and immovable property of the Order;
f) The percentage of the fees and emoluments charged by regional structures and
places that are established by the assembly of delegates;
g) Any other recipes provided for in the law.
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Article 38.
Reserve fund
1-The reserve fund, deposited in cash, is intended to meet the expenditure
extraordinary of the Order and is constituted, annually, by the amount established in the
general plan of activities and budget.
2-For use of the fund, the national governing board lacks the assent of the
national tax council and the assembly of delegates.
3-Presume favorable the opinion required for more than 15 days without pronunciation of the
national tax council.
Article 39.
Fund of comparticipation
1-The comstake fund, deposited in cash, is intended to cover, total or
partially, possible negative balances of the regional sections or expenditure on
initiatives whose interest transcends the regional scope, and is constituted, annually, by the
amount set out in the general plan of activities and budget.
2-For use of the fund, the national governing board lacks the assent of the
national tax council.
3-Presume favorable the opinion required for more than 15 days without pronunciation of the
national tax council.
Article 40.
Revenue from regional sections
They constitute revenue from the regional sections:
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a) The percentage of the quotization that is set by the assembly of delegates;
b) The product of editorial activity, services, and other scope activities
regional;
c) The income of the movable and immovable property of the Order entrusted to the guard and management
of the regional section, or by its acquired intermediary;
d) The interest on bank deposits of the regional sections.
e) The percentage of the fees and emoluments charged by the regional sections that
is established by the assembly of delegates;
f) Any other recipes provided for in the law.
Article 41.
Regional reserve funds
1-Regional reserve funds, deposited in cash, are intended to cope with the
extraordinary expenses and shall be constituted annually in the amount established in the
Plan of activities and budget.
2-Regional guideline councils may have the respective reserve fund, upon
assent of the regional assembly.
Article 42.
Financial regime
1-In its activity, the Order is subject to the regime established in the Code of the
Public Procurement, applicable with the necessary adaptations and to the jurisdiction of the Court
of Accounts, pursuant to the terms set out in the Law of Organization and Process and Regulation
General of the Court of Auditors, approved by Law No. 98/97, of August 26.
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2-In its activity, the Order is still subject to the rules of budgetary balance and
limitation of indebtedness established in own diploma and the scheme of the
accounting normalization for non-profit-sector entities, which integrates the
Accounting Standards System.
3-The overall plan of activities and budget of the Order must take into account the plan of
activities of each board of directors and the budgetary forecast of the respective costs and
ordinary income, at the national and regional level.
4-The regional governing boards send to the national directive board, up to 31 percent
Each year, of each year, the plan of your activities for the following year, accompanied by the
respects budgetary forecast for the effects provided for in the preceding paragraph.
5-The general plan of activities and budget is approved in assembly of delegates with
opinion of the national tax council.
6-The activities plans and budget forecasts of the boards of directors, when
loss-making, must be covered by the balance of previous years or by the funds of
reserve or pay-for-attendance.
Article 43.
Labour regime
1-A The admission of workers by the Order shall be through the procedure which
ensure respect for the principles of equality, transparency, advertising and the
reasons.
2-The invitation of the hiring and the final respect decision should be advertised in newspaper
journal of national circulation and on the Order's Electrogenic site.
3-The workers of the Order shall apply for the scheme provided for in the Labour Code.
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CHAPTER VI
Exercise of the profession
Article 44.
Exercise of the profession
1-regardless of the mode of exercise of the profession, or of the activities exercised, and
without prejudice to the provisions of Article 7 or in special legislation, only the architects
enrolled in the Order may, on the national territory, practise the acts of the profession themselves.
2-Are own acts of the architects the elaboration or evaluation of the studies, projects and
architecture plans, as well as the remaining acts provided for in special legislation.
3-In addition to the own acts reserved for architects provided for in the preceding paragraph, the
architects can, still, intervene in studies, projects, plans and activities of
consulting, management, supervision and direction of works, planning, coordination and evaluation,
reported to the edification, urbanism, conception and drawing of the spatial frame of the life of the
population, aiming at the harmonious integration of human activities in the territory, the
valorisation of built heritage and the environment.
Article 45.
Rights of the architect
1-Architects are entitled to apply for the intervention of the Order for the defence of their
legitimate rights or interests in professional matters, in the terms provided for in the
present Statute.
2-Constituent, specifically, rights of the architect in the exercise of the profession:
a) The right to exercise your profession, in accordance with your vocation, training and
experience, without interference in their technical autonomy, nor competition from
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professionals without proper training;
b) The copyrights and related rights on the works of architecture;
c) The right to co-authoring the work in which they collaborate, to the extent of their
responsibility, and to make it appear in publications and in the professional curriculum;
d) The right to advertise their activity and to disseminate their works or studies;
e) The right to update its training and professional and social valorisation;
f) The right to the means and assistance necessary for the tasks of which it is entrusted and the
a decent remuneration from your work.
Article 46.
Modes of exercise of the profession
The profession of architect can be exercised:
a) On his own, as an independent professional or as an entrepreneur in
individual name;
b) As a partner, administrator or manager of a society of professionals with
activity in the domain of architecture;
c) As an appointed or contracted worker for public functions of the
central, direct or indirect, regional or local administration;
d) As an employee of another architect, of other professionals or of a person
collective.
Article 47.
Societies of professionals
1-Architects established in national territory may exercise in group the profession,
provided that they constitute or join as partners in professional societies of
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architects.
2-Can still be partners of societies of architects ' professionals:
a) The societies of professionals of architects, previously constituted and inscribed
as members of the Order;
b) The associative organizations of equipared professionals of architects, constituted
in another Member State of the European Union or of the European Economic Area,
whose capital and voting rights fall majoritariously to the professionals concerned.
3-The capital requirement referred to in para. b ) of the preceding paragraph shall not apply in case of
associative organization does not have social capital.
4-The riding judgement referred to in paragraph 4 b ) of paragraph 2 is governed by:
a) As for nationals of a Member State of the European Union or of Space
European Economic Commission, by Article 1 (4) of Law No 9/2009 of March 4,
amended by Laws No 41/2012 of August 28, and 25/2014, of May 2;
b) As for nationals of third countries whose qualifications have been obtained outside
of Portugal, by the internationally-beholdant reciprocity regime.
5-Architects ' societies enjoy the rights and are subject to the applicable duties
to professionals members of the Order who are compatible with their nature,
being in particular subject to the principles and deontological rules set out in the
present Statute.
6-Societies of professionals are not recognised electoral capacity.
7-The members of the executive body of the professional societies of architects,
regardless of their quality of members of the Order, they must respect the
principles and deontological rules, technical and scientific autonomy and guarantees
conferred on the architects by the law and the present Statute.
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8-Professional societies of architects may exercise, by secondary title, any
activities that are not incompatible with the activity of architects, in relation to the
which no impediment occurs in the terms of this Statute, by not being such
activities subject to the control of the Order.
9-A The constitution and the functioning of the societies of professionals appear in diploma
own.
Article 48.
Associative organisations of professionals from other Member States
The legal arrangements for enrolment of the associative organizations of professionals of others
Member States in the Order appear in the diploma regulating the constitution and operation
of the societies of professionals.
Article 49.
Other architectural service providers
1-Companies that establish themselves on national territory for the provision of services of
architecture through its associates, administrators, managers, employees, or
subcontractors who do not constitute themselves in the form of professional corporations of
architects lack registration in the Order.
2-A violation of the provisions of the preceding paragraph constitutes counterordinance, punishable by
fine of € 2500 a € 25000, pursuant to the general scheme of the counterorders.
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Article 50.
Duties of architectural service providers
1-While providers of architecture services, the architects, the societies of
architects and equipared entities become subject to the requirements set out in paragraphs 1 and 2
of Article 19 and Articles 20 and 22 of the Decree-Law No. 92/2010 of July 26, and
as yet, with regard to services provided by electronic means, to the provisions of Article 10.
of the Decree-Law No. 7/2004 of January 7, as amended by Decree-Law No. 62/2009, of
March 10.
2-The provisions of the preceding paragraph shall not apply to the services and bodies of the
direct and indirect administration of the State, autonomous regions and local authorities,
nor to the remaining unentrepreneal public collective people.
Article 51.
Professional civil liability
1-Architect with enrollment in force is bound to ensure civil liability
emergent from the exercise of the professional activity professional activity, upon subscription of
insurance of civil liability appropriate to the nature and size of the risk, or
provision of guarantee or equivalent instrument.
2-Without prejudice to the provisions of the preceding paragraph, the architect established in another State-
Member of the European Union or of the European Economic Area shall not be subject to
obligation to subscribe to professional civil liability insurance by the activity
developed in national territory, should the same have such activity, total or
partially, covered by insurance, warranty or equivalent instrument subscribed or
provided in the Member State where it is established.
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3-In case the insurance, guarantee or equivalent instrument, subscribed in another State-
Member, partially cover the risks arising from the activity, must the provider of
services complement it in such a way as to cover uncovered risks.
CHAPTER VII
Professional deontology
Article 52.
Principles of deontology
Regardless of the mode of exercise of the profession and the nature, public or private,
of the respective duties, the architect shall orient itself in accordance with the following principles:
a) Orient your professional activity in accordance with the principles of interest
public, exemption, competence and good relationship with your colleagues;
b) Show yourself worthy of the responsibilities that correspond to you;
c) To put your knowledge and creativity in the service of interest
public, maintaining always and in any circumstances the greatest independence and
exemption;
d) Abstain from exerting any illegitimate pressure on the public authority with the
goal to get benefits for your work.
Article 53.
Enumeration of the incompatibilities
The exercise of the architecture is incompatible with the following functions and activities:
a) Holder or member of organs of sovereignty, to the exception of the Assembly of the
Republic, and respected consultants, advisors, members or workers of the
respects offices;
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b) Holder or member of regional government and respected advisors, members and
employees hired from the respective offices;
c) President or town hall councillor in the framework of what determines the
status of local elected;
d) Public manager, in the terms of the respective status.
Article 54.
Duties of the architect as a server of the public interest
The architect, in the exercise of his profession, shall:
a) Act in such a way that your work, such as artistic and technical creation, contribute to
improve the quality of the environment and cultural heritage;
b) Use processes and adopt solutions capable of ensuring the quality of the
construction, welfare and the safety of people;
c) Favouring social integration by stimulating the participation of citizens in the debate
architectonic and in the decision-making process in everything that respects the environment.
Article 55.
Duties of exemption
The architect, in the performance of his professional activity, shall:
a) Avoid all situations incompatible with your professional obligations;
b) Declare to the people involved, before making any commitment
professional, any link to interests that may put into doubt or affect the
development of the professional activities;
c) Abstain from involvement in situations that may compromise performance
of their activity with independence and impartiality;
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d) Refuse to sign any work in which it has not participated;
e) Basing the promotion of your professional activity on true information.
Article 56.
Duty of competence
1-The architect must exercise his profession with efficacy and loyalty, applying in it all the
your know, creativity and talent, having particularly in attention the interests
legitimate from those who entrust you with professional tasks.
2-The architect must, in particular:
a) Clearly define the terms of the professional relationship, namely the nature, the
objective, the extent of the services to be provided, the responsibilities, the phases and the
deadlines to be met, as well as remuneration and all remaining elements that
with it relate;
b) Refuse tasks that go beyond their competence or availability, or whose
conditions of realization harm the quality of the provision, not abandoning
without legitimate justification tasks or positions that it accepts to perform;
c) To ensure the veracity of the information it provides;
d) Refrain from giving retributions that fall back on the matter of their work by
another route that is not of previously fixed fees or maturities;
e) Refuse financial conditions that do not allow you to provide a provision
satisfying professional.
Article 57.
Reciprocal duties of architects
They constitute reciprocal duties of the architects:
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a) Basing the competition between colleagues in respect for the interests of each and the
dignity of the profession;
b) When called upon to replace a colleague in the execution of a task, not to accept it
without with him and with whom it is incumbent upon him to task, to clarify the situation beforehand
contractual and copyright;
c) To refrain from exercising competition founded solely on remuneration.
Article 58.
Duties of the Architect to the Order
They constitute the duties of the architect to the Order:
a) Comply with the provisions of this Statute, the deliberations and regulations
own;
b) Collaborate in the pursuit of your assignments and exercise the posts so that you have
been elected;
c) To inform, at the time of enrollment, the exercise of any office or other
professional activity, for the purpose of verification of incompatibilities;
d) Immediately suspend the exercise of the profession when it occurs
supervenient incompatibility;
e) Pay punctually the quotas and other charges due to the Order, established
in the terms of this Statute, without which it cannot participate in life
institutional of the Order and benefit from the services provided by this;
f) Communicate, within 30 days, any change of professional domicile;
g) Collaborate and respond to the requests of the discipline boards.
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CHAPTER VII
Disciplinary regime
SECTION I
General provisions
Article 59.
Disciplinary infraction
1-It is considered to be infringing all action or omission that consists in violation, by
any member of the Order, the professional duties consigned to the law, in the present
Status or respecting regulations and, in so far as they are classified as
such, in the remaining laws applicable to the professional activity of architects.
2-The disciplinary infractions provided for in this Statute and too much legal provisions and
applicable regulations are punishable by title of dolo or negligence.
Article 60.
Disciplinary jurisdiction
1-Members of the Order are subject to the disciplinary power of the organs of the Order, in the
terms provided for in this Statute and in the regulation of deontology.
2-A suspension or cancellation of enrollment does not cease to cease liability
discipline for infractions previously practiced by the Member of the Order as such.
3-During the time of suspension of the inscription, the associate remains subject to power
discipline of the Order.
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Article 61.
Independence of the disciplinary responsibility of the members of the Order
1-A disciplinary responsibility is independent of the possible civil liability and
criminal arising from the practice of the same fact.
2-A disciplinary liability to the Order coexists with any other foreseen
by law.
3-When, on the grounds of the same facts, criminal proceedings have been instituted
against a member of the Order and, to be aware of the existence of a disciplinary infraction,
it is necessary to judge any matter that cannot be properly resolved in the
disciplinary proceedings, the suspension of the disciplinary procedure may be ordered by a
maximum period of one year.
4-A The suspension of the disciplinary procedure, in the terms of the preceding paragraph, is communicated by the
Order to the competent judicial authority, to which you must order the consignment to the Order of
copy of the order dispatch and, if it there is place, of the pronunciation dispatch.
5-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the
same is decided in the disciplinary process.
6-Where, in criminal proceedings against Member of the Order, it is designated day for the
trial hearing, the court must order the referral to the Order, preferably
by electronicity, from the order of charge, the dispatch of pronunciation and the
contestation, if it has been presented, as well as any other elements
requested by the assembly of delegates or by the President of the Order.
7-A disciplinary liability of members before the Order arising from the practice of
infractions is independent of disciplinary responsibility in the face of respect
employers, for infringing on the emerging duties of working relationships.
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Article 62.
Disciplinary responsibility of professionals in free provision of services
Professionals who provide services on national territory in free provision
are equated with the members of the Order for disciplinary purposes, pursuant to paragraph 2 of the
Article 4 of Law No. 9/2009 of March 4, amended by the Laws 41/2012, 28 of
August, and 25/2014, of May 2, with the specificities set out in Article 69 (8).
of this Statute and of the deontology regulation, where they practise act or
omission in violation of the professional duties applicable to them in the legal terms and
attentive to the occasional and sporadic nature of its services on national territory.
Article 63.
Disciplinary responsibility of professional societies
The collective persons members of the Order are subject to the disciplinary power of the organs of the
Order, pursuant to this Statute and the law governing the constitution and the
operation of the societies of professionals.
Article 64.
Prescription of the disciplinary procedure
1-The disciplinary procedure extinguishes, by the effect of prescription, as soon as on the
practice of the infraction has elapsed the term of three years, save the provisions of the number
next.
2-If the disciplinary infraction constitutes simultaneously criminal infraction for which the law
establish prescription subject to longer term, the disciplinary procedure only
prescribe after the course of this last term.
3-The limitation period of the disciplinary procedure runs from the day on which the fact is
has consummated.
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4-The limitation period only runs:
a ) In the instantaneous infractions, from the time of its practice;
b ) In the continuing infractions, since the day of the practice of the last act;
c ) In the permanent infractions, from the day on which to cease consummation.
5-The disciplinary procedure also prescribes whether, since the knowledge or the
participation effected in accordance with paragraph 1 of the following article, not to start the proceedings
competent disciplinary at the time of one year.
6-The limitation period of the disciplinary procedure suspending itself during the time when:
a) The disciplinary process is suspended, awaiting dispatch of prosecution or of
pronunciation in criminal proceedings;
b) The final decision of the disciplinary procedure cannot be notified to the accused, by
reason that is attributable to him.
7-A suspension, when it results from the situation provided for in the paragraph b) of the previous number, no
may exceed the period of two years.
8-The limitation period comes back to running from the day on which the cause of the suspension is ceased.
9-The limitation period of the disciplinary procedure referred to in paragraphs 1 and 5 shall interrupt with
the notification to the accused:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
10-After each period of interruption begins to run new limitation period.
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SECTION II
From the exercise of disciplinary action
Article 65.
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
a) Any person directly or indirectly affected by these;
b) The President of the Order;
c) The provider of the architecture;
d) The Public Prosecutor's Office, pursuant to paragraph 3.
2-Courts and any other authorities shall give notice to the Order of the
practice, by members of this, of facts susceptible to constituting disciplinary infraction.
3-Without prejudice to the provisions of the law of criminal procedure about the secret of justice, the
Prosecutor's Office and the criminal police bodies refer to the Order certiit of the
complaints, stakes or complaints filed against associates and that may
to substantiate facts susceptible to constitute disciplinary infraction.
Article 66.
Desistance of participation
The dismissal of the disciplinary participation by the participant extinguishes the disciplinary procedure,
save if the imputed infraction affects the dignity of the target member and, in this case, this
express unambigually intention that the process will proceed, or the prestige of the
Order or from the profession.
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Article 67.
Introduction of the disciplinary procedure
1-Any organ of the Order, officiously or having on the basis of complaint, complaint or
participation submitted by duly identified person, containing facts
susceptible to integrating disciplinary infraction of the member of the Order, communicates, from
prompt, the facts to the competent body for the prosecution of the disciplinary procedure.
2-When it is concluded that participation is unfounded, knowledge of it is given to the
member targeted and are issued the certificates that this one understands necessary for the tutelage of the
your legitimate rights and interests.
3-The disciplinary proceedings against the President or against any member of the board of
national discipline in effectivity of duties can only be instituted by deliberation of the
assembly of delegates, approved by an absolute majority.
Article 68.
Procedural legitimacy
Persons with a direct, personal and legitimate interest regarding the facts involved
may request the Order to intervene in the process, requiring and claiming what
have for convenient.
Article 69.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by the
deontology regulation, being subsidiary to the procedurally applicable standards
provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of
June 20.
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SECTION III
From disciplinary sanctions
Article 70.
Application of disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
b) Repreension registered;
c) A fine of quantitative amount equal to the value of the annual quota;
d) A fine of quantitative amount equal to double the value of the annual quota;
e) Suspension of the professional exercise up to a maximum of six months;
f) Suspension of the professional exercise of six months up to the maximum of two years;
g) Suspension of the professional exercise of two up to the maximum of 10 years.
2-A warning sanction is applicable to soft phalings practiced in the exercise of the profession
of the members of the Order.
3-A The sanction of registered reprimand is applicable to soft phalds practiced in the exercise of the
profession of the members of the Order to which, in the reason of the fault of the accused, not kayba
mere warning.
4-The penalties provided for in the paragraph c ) and d ) of paragraph 1 shall apply to cases of negligence,
being applied one or the other in function of the severity of the lack committed.
5-A penalty provided for in the paragraph and ) of paragraph 1 shall apply in the event of serious guilt or
accentuated disinterest in the fulfilment of the professional duties enshrined in the
articles 54, 55, in the paragraphs c ) and d ) of Article 56 (2), in Article 57 and in the 2 a ),
c ) and d ) of Article 58 para.
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6-A penalty provided for in the paragraph f ) of paragraph 1 shall apply when the disciplinary infraction is serious
and has severely affected the dignity and professional prestige of the architect.
7-A penalty provided for in the paragraph g ) of paragraph 1 shall apply when the disciplinary infraction is also
constitutes a crime punishable with imprisonment of more than two years, or in the event of
recidivism of the infraction referred to in the preceding paragraph.
8-In the case of professionals in regime of free provision of services on national territory,
the penalties provided for in paragraphs 5, 6 and 7 assume the form of temporary interdiction or
definitive of the exercise of the professional activity in this territory, depending on the cases.
9-A more serious sanction application than that of censorship the member who exerts some
role in the organs of the Order determines the immediate ousting of that office, without
Dependence on deliberation of the assembly of delegates in this direction.
10-The product of the fines is applied in the reserve fund of the Order provided for in the article
38.
11-Whenever the infraction results from the violation of a duty by omission, compliance
of the sanctions applied does not waiver the defendants ' compliance with that, if this is still
possible.
Article 71.
Graduation
1-In the application of the sanctions must be met with professional and disciplinary background
of the accused, the degree of guilt, the gravity and the consequences of the infraction, the situation
economic of the accused and to all the other aggravating or mitigating circumstances.
2-Are mitigating circumstances:
a) The effective exercise of professional activity for a period of more than five
years, followed or interpolated, without any disciplinary penalty;
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b) The spontaneous confession of the infraction or infractions;
c) The collaboration of the accused for the discovery of the truth;
d) The remediation of damage caused by the lesive conduct.
3-Are aggravating circumstances:
a) Premeditation in the practice of the infraction and the preparation thereof;
b) The collusion;
c) The recidivism, considering itself as such the practice of infringement before elapsed
the time limit of five years after the day on which the conviction for
previous infraction commitment;
d) The accumulation of infractions, whenever two or more infractions are committed
at the same time or when another is committed before it has been punished to
previous;
e) The fact that the infraction or infractions are committed during the performance of
disciplinary sanction or in the course of the period of suspension of disciplinary penalty;
f) The production of considerable value damage, understanding itself as such always
that exceeds the value of half of the remit of the courts of the relationship.
Article 72.
Application of ancillary sanctions
1-Cumulatively with the application of the disciplinary sanctions can be applied, by title
of ancillary sanctions:
a) The mandatory frequency of supplementary training actions to the shares of
compulsory training;
b) The restitution of amounts, documents or objects;
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c) The loss, total or partial, of fees and the costing of expenses;
d) The loss of the product of the benefit obtained by the accused;
e) The ineligibility for organs of the Order for a maximum period of six years.
2-The ancillary sanctions can be cumulated with each other.
3-In the application of the ancillary sanctions shall meet the criteria laid down in paragraph 1 of the
previous article.
4-The result of the application of the ancillary penalties provided for in points c ) and d ) of paragraph 1
considers itself to be lost in favour of the reserve fund of the Order.
Article 73.
Unity and accumulation of infractions
Without prejudice to the provisions of the ancillary sanctions, it cannot apply to the same
associated with more than one disciplinary sanction for each fact punishable.
Article 74.
Suspension of sanctions
1-Taking into consideration the degree of guilt, the behavior of the accused and the rest
circumstances of the practice of the infraction, disciplinary sanctions lower than the suspension of the
exercise of professional activity up to two years may be suspended for a period
understood between one and three years.
2-A suspension of the sanction cesses whenever, in respect of the punished member, be
prowound final decision of conviction in new disciplinary process.
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Article 75.
Application of the suspension sanction of two to the maximum of 10 years
1-A The application of the penalty of suspension of the professional exercise of two to the maximum extent of
10 years can only take place after public hearing, pursuant to the terms of the regulation
of deontology.
2-A sanction of suspension of professional exercise of two up to maximum of 10 years only
may be applied by deliberation that meets the qualified majority of two-thirds of the
members of the disciplinarily competent body.
Article 76.
Implementation of sanctions
1-Compete to the national governing council to give execution to the decisions rendered at the headquarters of
disciplinary process, specifically practicing the necessary acts to the effective suspension
of the members to whom the suspension sanctions are applied.
2-A The application of sanction of entails the temporary prohibition of the practice of any act
professional and the delivery of the professional ballot at the headquarters of the Order or in the regional section
in which the accused has his or her professional domicile, in the applicable cases.
Article 77.
Start of production of effects of disciplinary sanctions
1-The disciplinary sanctions initiate the production of its effects on the day after that in
that the decision becomes final.
2-If, on the date on which the decision becomes final, the inscription of the accused is suspended,
compliance with the disciplinary penalty of suspension commencement the day after that of the
lifting of the suspension.
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Article 78.
Communication and advertising
1-With the exception of the warning, the application of the sanctions is communicated by the council
national directive:
a) To the society of professionals or associative organization on account of which the
accused were providing services at the date of the facts and the date of the conviction by the practice of the
disciplinary infraction;
b) To the competent authority in another Member State of the European Union or of the
European Economic Area for the control of the activity of the established defendant
in that same Member State.
2-When the sanction applied for is suspended, it is given advertising through the site
officer of the Order and in places deemed to be of idogens for the fulfillment of the purposes
of general prevention of the legal system.
3-If suspension sanction is applied, the national governing board shall insert the
corresponding annotation in the permanent lists of members released by means
computer.
4-A The publicity of disciplinary sanctions and ancillary sanctions is promoted by the body
disciplinarily competent, being effected at the expense of the accused.
5-Without prejudice to the provisions of the preceding paragraph, the Order restitutes the amount paid by the
argued to give publicity to your preventive suspension, whenever this one is not
doomed in the framework of the disciplinary procedure.
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Article 79.
Prescription of disciplinary sanctions
1-The disciplinary sanctions prescribe us on the following deadlines:
a) From one year, those of warning and censorship;
b) From three years, those of suspension.
2-The limitation period runs from the day after the one in which the decision becomes
definitive.
Article 80.
Principle of enrollment in the Order
1-The individual process of the members in the Order includes a enrolment, of which they are listed
disciplinary sanctions referred to in points b ) a g ) of Article 70 (1) and the sanctions
accessory that have been applied to you.
2-The enrollment is managed by the national governing board, based on the elements
communicated by the disciplinary bodies of the Order.
3-A The conviction of a member in criminal proceedings is communicated to the Order for the purpose of
averaging to the enrollment respect.
4-The sanctions referred to in points b ) and c ) of Article 70 (1) are removed from the enrollment
after the course of the five year period from its compliance.
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SECTION IV
From the process
Article 81.
Compulsion
The application of a disciplinary sanction is always preceded by the finding of the facts and the
disciplinary liability in own process, in the terms provided for in the present
Status and in the regulation of deontology.
Article 82.
Forms of the process
1-A disciplinary action may behave in the following ways:
a) Process of inquiry;
b) Disciplinary process.
2-The inquiry process is applicable when it is not possible to clearly identify the
existence of a disciplinary infraction or the infringing respect, imposing itself on
of summary representations for the clarification or realization of the facts in question.
3-Applies to the disciplinary process whenever there are indications that it is determined
member of the Order practiced properly realized facts, susceptible to constituting
disciplinary infraction.
4-During the investigation and after enquiries the identity of the offender, or, as soon as
show minimally concretized or enlightened the participating facts, being them
susceptible to constituting disciplinary infraction, is proposed the immediate conversion of the
process of inquiry in disciplinary process, upon appearing succinctly
reasoned.
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5-When participation is manifestly unviable or unfounded, it should the same be
liminally filed, giving fulfillment to the provisions of Article 67 (2).
6-If, from the analysis of the conduct of a member carried out in the context of the investigation process,
result in sufficient proof of the practice of disciplinary infraction abstractly punishable with
sanction of warning or censorship, the competent disciplinary body may determine the
provisional suspension of the proceedings by the imposition of the defendants ' rules of
conduct or payment of a certain amount, by way of collateral, whenever
if you check the following assumptions:
a) Absence of previous application of provisional suspension of the process by the same
type of infraction;
b) Absence of a high degree of guilt.
7-In the case provided for in the preceding paragraph, the following measures shall apply to the following:
a) Payment of an amount between the equivalent of three times and five times the value
of the annual quota or six times and 10 times in the case of collective persons or
equated, within 10 working days;
b) Implementation of a plan to restructure its activity, in the terms and in the
term that are set;
c) Frequency of supplementary training actions to the training shares
obligatory, in the terms and deadline that are defined;
d) Written recharting in cases where professional relationships are in question between
members of the Order.
8-The default of the determined measures, referred to in the preceding paragraph, implies
the continuation of the disciplinary procedure suspended provisionally in accordance with paragraphs 6 and
7.
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9-If the accused complies with the determined measures, the case is filed and shall be
returned the amounts referred to in the paragraph a ) of paragraph 7.
Article 83.
Disciplinary procedure
1-The disciplinary procedure is regulated in this Statute and in the regulation of
deontology.
2-The disciplinary process is composed of the following phases:
a) Instruction;
b) Defence of the accused;
c) Decision;
d) Execution.
3-Regardless of the phase of the disciplinary procedure, they are assured to the accused all the
guarantees of defence in the general terms of law.
Article 84.
Preventive suspension
1-Following the hearing of the accused, or if this, having been notified, does not appear to be
heard, can be ordered for your preventive suspension, upon deliberation taken
by qualified majority of two thirds of the members in effectivity of organ functions
competent of the Order.
2-A suspension referred to in the preceding paragraph shall only be enacted in cases where
there are indications of the practice of disciplinary infraction to which the sanction provided for in the
point ( g ) of Article 70 (1)
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3-A preventive suspension may not exceed three months and is always discounted in the sanction
of suspension.
Article 85.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or the filing.
2-The rapporteur may, however, authorize the consultation of the case by the accused, by the participant,
by the Public Prosecutor's Office, by the criminal police bodies or by the interested parties, when
hence it does not result inconvenient for the instruction and under condition of not being disclosed the
that of him const.
3-The accused or the person concerned, when associated, who does not respect the secret nature of the
process incurs disciplinary responsibility.
SECTION V
Of the guarantees
Article 86.
Recurrable decisions
1-Of decisions taken in disciplinary matters rests with the board of the discipline
national when it is this the disciplistically competent body.
2-Of the other decisions taken in disciplinary matters of which it does not fall into appeal in the
terms of the previous number are up to administrative appeal, in the general terms of law.
3-The decisions of mere expedient or concerning the discipline of the works are not
actionable in the terms of the previous numbers.
4-The exercise of the right of appeal provided for in this Article shall be governed by the
applicable provisions of the regulation of deontology.
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Article 87.
Review
1-It is permissible to review the final decision delivered by the organs of the Order with
disciplinary competence whenever:
a) A court ruling carried forward on trial to declare false any elements or
means of evidence that have been determinant for the decision to revidend;
b) A court ruling carried out on trial has given as a proven crime
committed by member or members of the organ that delivered the decision revidend and
related to the exercise of their duties in the process;
c) The facts that have served as a foundation of the sentencing decision are
irreconcilable with those that are given as proven in another definitive decision and
of the opposition result in serious doubts about the fairness of the conviction;
d) If they have discovered new facts or means of proof that, by themselves or cominate
with those who have been appreciated in the process, whisper grave doubts about justice
of the sentencing decision delivered.
2-A simple allegation of illegality, formal or substantial, of the process and of the decision
disciplining does not constitute grounds for the review.
3-A review is admissible even if the process finds itself extinct or the sanction prescribed or
fulfilled.
4-The exercise of the right of review shall be governed by the applicable provisions of the Regulation
of deontology.
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CHAPTER IX
Supplementary, final and transitional provisions
Article 88.
Regional sections
1-Until the approval of the regulation provided for in the d ) of Article 19 (1), concerning the
organization and the operation of regional structures, regional structures of
Order are:
a) The regional section of the North, based in the Port and which covers the area
corresponding to the districts of Viana do Castelo, Braga, Vila Real, Bragança,
Port, Aveiro, Coimbra, Viseu and Guard;
b) The regional section of the South, based in Lisbon and which covers the area
corresponding to the districts of Castelo Branco, Leiria, Santarém, Lisbon,
Portalegre, Évora, Beja, Setúbal and Faro, as well as, to the autonomous regions of the
Azores and Madeira.
2-Until the approval of the regulation provided for in the d ) of Article 19 (1), concerning the
organization and the operation of regional and local structures remain in
operation the delegations and nuclei created pursuant to Article 32 of the Staff Regulations
annex to Decree-Law No 176/98 of July 3.
3-In the regulation defined in the preceding paragraph the contiguous regional sections in the
continent can be aggregated, specifically those where the architects inscribed and
in the full exercise of their professional rights are in a lower number than the minimum
to create a regional section, or the economic conditions are not met and
sufficient financial in the terms of the organisation and operation regulation
provided for in paragraph d) of Article 19 (1)
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Article 89.
Electro trade
The legally established professionals in the Member State of the European Union or of the
European Economic Area that will develop activities comparable to activity
architect of architect regulated by this Statute may exercise them, through
electro trade, with destination to the national territory, observed that are the requirements
applicable in the Member State of origin, particularly the deontological standards therein
vigour, as well as the permanent provision of the information provided for in article 10.
of Decree-Law No. 7/2004 of January 7, as amended by Decree-Law No. 62/2009, of 10
of March, and by Law No. 46/2012, of August 29.
Article 90.
Documents and one-stop shop
1-All requests, communications and notifications provided for in this Law between the Order
and professionals, societies of architects or other associative organizations of
professionals for the exercise of architecture, with the exception of those concerning procedures
disciplars, are carried out by electronic means, through the single electrolytic counter
of the services, referred to in Articles 5 and 6 of the Decree-Law No. 92/2010 of July 26,
accessible via the website of the Order.
2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible
the fulfillment of the provisions of the preceding paragraph, the transmission of the information in
appreciation can be made by delivery on the services of the Order, by shipment by mail under
register, by fax or by electro mail.
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3-A presentation of documents in simple form in the terms of the previous figures
dispensing the consignment of the original, authentic, authenticated or certified documents,
without prejudice to the provisions of the paragraph a ) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the
Decree-Law No. 92/2010 of July 26.
4-Are still applicable to the procedures referred to in this Article o
points d ) and and ) of Article 5 and in Article 7 (1) of the Decree-Law No. 92/2010 of 26 of
July.
Article 91.
Information on the Internet
In addition to the information referred to in Article 6 (3) of the Decree-Law No 92/2010 of 26
of July, and in Article 19 (4) of Directive No 2000 /31/CE, of the European Parliament and
of the Council of June 8, 2000 on certain legal aspements of the services of the
information society, in particular of the electronic trade, in the internal market, the
Order to be made available to the general public, through its electronic site on the Internet,
information about:
a) The regime of access and exercise of the profession;
b) The principles and rules of ethics and the technical standards applicable to their
associates;
c) The procedure of filing of complaint or complaints by the recipients
concerning the services provided by professionals in the context of their
activity;
d) The offers of employment in the Order;
e) The updated registration of members with:
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i) The name, the professional domicile and the number of wallet or ballot
professionals;
ii) The designation of the title and professional specialties;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
f) The updated registration of professionals in free provision of services in the territory
national, which are deemed to be enrolled in accordance with Article 4 (2) of the Law
no 9/2009 of March 4, as amended by the Laws No 41/2012 of August 28, and
25/2014, of May 2, which includes:
i) The name and professional domicile and, in case there is, the designation of the title
professional of origin and respect specialties;
ii) The identification of the professional public association in the Member State of
origin, in which the professional finds himself enrolled;
iii) The situation of suspension or temporary interdiction of the exercise of the activity,
where appropriate;
iv) The information relating to the companies of professionals or other forms of
associative organization of professionals to provide services in the State-
Member of origin, if they provide services in that capacity;
g) The updated record of the architects ' societies and other forms of
associative organization inscribed with the respect designation, headquarters, number of
enrolment and number of tax identification or equivalent;
h) The updated record of the remaining providers of architecture services.
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Article 92.
Administrative cooperation
The Order provides and requests the administrative authorities of the other Member States of the
European Union and the European Economic Area and the European Commission assistance
mutual and take the necessary steps to cooperate effectively, notably through
of the Internal Market Information System, in the context of the procedures relating to
providers of services already established in another Member State, under Chapter VI
of the Decree-Law No. 92/2010 of July 26, of Article 51 (2) of Law No 9/2009 of 4
of March, amended by the Laws No 41/2012 of August 28, and 25/2014, of May 2, and of the
n. paragraphs 2 and 3 of Article 19 of Directive No 2000 /31/CE, of the European Parliament and of the
Council of June 8, 2000 on certain legal aspements of the services of society
of information, in particular of the electro trade.
Article 93.
Publication of regulations
Without prejudice to the provisions of the Code of Administrative Procedure, the regulations
provided for in this Statute, with the exception of those who have a regimental nature, are
published in the 2 th series of the Journal of the Republic and released on the Order's Electrophic site.
Article 94.
Tutela
1-A administrative tutelage of legality, provided for in Law No 2/2013 of January 10,
compete for the member of the Government responsible for the area of spatial planning.
2-The regulations that versem on the professional stages, the professional evidence of
access to the profession and professional specialties are subject to homologation of the
member of the Government responsible for the area of spatial planning.
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Article 95.
Judicial control
1-A Order shall be subject, within the framework of its tasks and the exercise of powers
public who are conferred upon it, to the administrative jurisdiction, in the terms of the respect
legislation.
2-Of the disciplinary sanctions and the counterordinations applied by the Order up to appeal
for the competent administrative courts, to be established within X days numbered
of the date of notification of the decision that applies them.
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ANNEX II
(referred to in Article 6)
Republication of the Decree-Law No. 176/98 of July 3
