Key Benefits:
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Proposal for Law No 294 /XII
Exhibition of Motives
Law No. 2/2013 of January 10 establishes the legal regime for creation, organization and
operation of the professional public associations.
The said scheme lays down 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 the provisions of Article 53 of Law No 2/2013 of January 10,
it becomes necessary to appropriate the statutes of the professional public associations already created by the
regime statued by that law.
By this proposed law proceeds to the adequacy of the Statute of the Order of the
Economists, approved by the Decree-Law No. 174/98 of June 27, to the scheme provided for in the
Law No. 2/2013 of January 10, the review of which translates, in essence, the maintenance of the
statutory provisions already existing, with the changes arising from the application of the said
law.
The National Data Protection Commission was heard.
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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 amends the Statute of the Order of Economists, approved by the Decree-Law
n. 174/98 of June 27, in accordance with Law No. 2/2013 of January 10, which
establishes the legal regime for the creation, organization and operation of the associations
professional public.
Article 2.
Amendment to the Status of the Order of Economists
The Statute of the Order of the Economists, approved by the Decree-Law No. 174/98, of 27 of
June, it becomes the constant essay in Annex I to this Law and of which it is a part
member.
Article 3.
Regulation
The regulations approved under the Statute of the Order of Economists, approved
by Decree-Law No. 174/98 of June 27, which do not contravene the provisions of the Act
n ° 2/2013 of January 10 and in the Statute of the Order of Economists listed in the Annex
I à this law, remain in force until the publication of the new regulations.
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Article 4.
Elections
1-The provisions of this Law shall not affect the current composition of the Elective organs of the Order
of the Economists, keeping up with the ongoing mandates with the duration initially
defined, and term to December 31, 2017.
2-A from the entry into force of this Law, the current elective bodies of the Order of
Economists and the bastonary respect exercise the skills and observe the standards
of functioning that correspond to them in the Statute of the Order of Economists
constant in Annex I to this Law.
3-For the purposes of the provisions of the preceding paragraph, the competences and standards of
operation of the tax council, the supervisory board and discipline and the directions
regional are exerted and observed, respectively, by the supervisory board of
accounts, by the commission of professional discipline and regional secretariats.
4-Within 30 days of the publication of this Law, the General Council of the Order
of the Economists approves, under proposal of the respectful direction, the electoral regulation
provided for in Article 61 of the Statute of the Order of Economists set out in Annex I to
present law.
5-Within 90 days of the publication of this Law, they shall be completed, of
agreement with the new statutory standards and the electoral regulation, the elections for
representative assembly, ceasing the mandate of those elected on December 31, 2017.
6-The competences assigned by the Statute of the Order of the Economists constant of the
annex I to this Law to the boards of the new professional specialty colleges are
secured by interim advice until the expiry of the period provided for in paragraph 1, fined the
what the same should be replaced, in the following first ordinary elections,
by the corresponding specialty boards.
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7-The provisional advice referred to in the preceding paragraph shall be composed of five
members, designated by the national direction, owing their members to choose, from
among themselves, a president.
8-The competences assigned by the Statute of the Order of the Economists constant of the
annex I to this Law to the regional directions of the Centre and Alentejo are ensured by
provisional secretariats until the expiry of the period provided for in paragraph 1, fined which shall
be replaced, in the following first ordinary elections, by the corresponding
regional directions.
9-The provisional secretariats referred to in the preceding paragraph are installed by the direction
national.
Article 5.
Abrogation standard
Articles 2 to 4 of the Decree-Law No. 174/98 of June 27 are 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. 174/98, of June 27, with the current essay.
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Article 7.
Entry into force
This Law shall come into force 90 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 ECONOMISTS
CHAPTER I
General provisions
Article 1.
Nature and legal regime
1-A Order of the Economists, abbreviately designated by Order, is the association
public professional representative of those who exercise the profession of economist, with
title conferred by the Order under the terms of this Statute.
2-A Order is a collective person of public law to be governed by Law No. 2/2013, 10
of January, and by the provisions of this Statute.
3-A The Order enjoys administrative autonomy and, in the exercise of its public powers,
practiced at the final title, without prejudice to the tutelary type-approval cases provided for in the
law, the administrative acts necessary for the performance of its functions and approves the
regulations provided for in the Act and in this Statute.
4-A Order has own heritage and own finances, as well as autonomy
budget.
Article 2.
Thirst and scope of acting
1-A Order has national scope and registered office in Lisbon.
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2-A The territorial organization of the Order is based on the following regional delegations, which
group the members who, in their area of jurisdiction, have located their domicile
professional or registered office on national territory:
a) North, based in Porto and encompassing the districts of Viana do Castle, Braga,
Porto, Vila Real, Bragança and Aveiro;
b) Algarve, based in Faro and covering the district of Faro;
c) Centre and Alentejo, with registered office in Lisbon and covering the remaining districts;
d) Wood, based in the Funchal and covering the Autonomous Region of Madeira;
e) Azores, based in Ponta Delgada and covering the Autonomous Region of the
Azores.
Article 3.
Mission and attributions
1-It is the mission of the Order to ensure the defence and promotion of the profession of economist, in the
scientific, pedagogical, technical and professional fields, the safeguarding of the principles
deontology that would guide the exercise of the said profession and protect interests
professionals of their members and the public interests related to their
professional delivery.
2-Are attributions of the Order:
a) Represent and defend the general interests of the profession of economist and of whom
exerts it, by caretaking for the social function, dignity and prestige of this profession;
b) To strengthen solidarity among its members and to defend the respected rights and
legitimate interests;
c) Promoting the regulation of access and exercise of the profession of economist in the
your different professional specialties;
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d) Ascribe the professional title of economist, the respective specialty titles
professional, prizes and honorific titles;
e) To draw up and update the professional register;
f) Regulation, with observance of the law, and of this Statute, the conditions
substantial and deontological of the exercise of the profession of economist in its
different professional specialties;
g) Exercising the disciplinary power over economists;
h) Participate in the drafting of the legislation that concerns the access and exercise of the
profession of economist;
i) Participate in the official accreditation processes and the evaluation of the courses they give
access to the profession;
j) Recognizing the professional qualifications obtained outside Portugal, under the terms of
law, the law of the European Union or international convention;
k) To promote the narrowing of links with foreign counterparts;
l) Contribute to the development of the economic sciences, their teaching and
research as well as its dissemination.
Article 4.
Professional titles and designation of economist society
1-A The inscription on the Order of those performing profession in the area of economic sciences is
optional.
2-To the professionals in the area of economic sciences enrolled in the Order, as their
effective members, is conferred the professional title of economist, which is reserved to them.
3-Can only use the designation of society of economists the professional society that if
find inscribed as an effective member of the Order.
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Article 5.
Exercise of the profession of economist
1-For the purposes of the provisions of this Statute, the exercise of the profession of economist
consists of the practice of the typical acts that intakes in at least one of the
professional specialities in it provided for, by professional holder of the title respect
professional, with the exception of acts legally reserved to other professionals.
2-A enrollment in vocational specialty college corresponds to the recognition,
by the Order, from the possession of a training, academic and professional, specifically
Oriented towards the practice of the following typical acts of the professional specialty represen-
tada by the high school respects:
a) Those enrolled in the college of specialty economics of political economy, for the realization of
analyses, studies, reports, opinions, peritages, audits, plans, forecasts,
projections, certifications and other acts, decisional or otherwise, concerning matters
specific to the area of the political economy;
b) Those enrolled in the college of specialty economics and business management, to
conduct analyses, studies, reports, opinions, peritages, audits, plans,
predictions, projections, certifications and other acts, decisional or otherwise, concerning
specific subjects of business management;
c) Those enrolled in the audit specialty college, to proceed to the
planning, development, implementation and monitoring of activities, including
the elaboration of opinions and reports, which integrate into the internal audit of
organizations, particularly in the areas of accounting, taxation, informatics,
processes and quality in consultancy, analysis and evaluation of structures and
internal control processes of organisations and in carrying out reports of
audit of an economic nature;
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d) Those enrolled in the college of specialty financial analysis, to proceed:
i) To the elaboration of investment recommendations in securities;
ii) To the analysis and management of investments;
iii) To risk analysis, specifically, credit risk, market risk, risk
operational, risk of asset management and liabilities;
iv) To the analysis and actuarial valuation;
v) To the realization of investment consultancies, heritage advice, analysis
financial of companies, and analysis and evaluation of investment projects;
e) Those enrolled in the college of financial management specialty, to carry out analyses,
studies, reports, opinions, peritages, audits, plans, predictions, projections,
certifications and other acts, decision-makers or not, relating to specific subjects of the
financial management of organizations, specifically concerning profitability and
financial balance, treasury and financial management, financial risks of
credit and others, investment decisions, mergers and acquisitions, sources, agents and
means of financing and investment projects;
f) Those enrolled in the college of marketing specialty, to carry out analyses,
studies, reports, opinions, peritages, audits, plans, predictions, projections,
certifications and other acts, decision-making or not, relating to matters specific to the
Marketing in organizations, in particular to techniques, instruments, models,
strategies and marketing practices adopted by the organizations;
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g) Those enrolled in the college of business strategy specialty, to carry out
analyses, studies, reports, opinions, peritages, audits, plans, forecasts,
projections, certifications and other acts, decisional or otherwise, concerning matters
business strategy specific such as, the assessment and definition of
business strategies, including processes of societtal reorganization,
transformation and innovation of internal and or productive processes, projects of
internationalization, market analysis and product;
h) Those enrolled in the college of specialty management of human resources, to
conduct analyses, studies, reports, opinions, peritages, audits, plans,
predictions, projections, certifications and other acts, decisional or otherwise, concerning
themed concerning the processes of recruitment and selection, resource management
humans, management of the organizational climate, as well as relative to other subjects
specific human resource management of the organizations;
i) Those enrolled in the college of management specialty and tax advice, to perform
analyses, studies, reports, opinions, peritages, audits, plans, forecasts,
projections, certifications and other acts, decisional or otherwise, concerning matters
specific to taxation in organizations such as, fulfilment of obligations
tax, support in the definition of policies and strategies in the tax and parafiscal areas,
support in the situations of fiscal litigation and in the relationship with the Authority
Tax and Customs that do not involve the judicial mandate, tax arbitrage,
tax management of organizations, remunerative policy with tax incidence and
screenings, transfer prices, tax and financial incentives and taxation
international;
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j) Those enrolled in the college of public management specialty, to, in the frame of the
Status of Personnel Leader of the Public Administration and the Gestor Status
Public and supplementary legislation, exercise leadership roles in a structure
public, including those of the state's business sector, which has predominant
competence in the areas of budget management, financial management, management of
human resources, from the analysis and evaluation of investment projects, from
allocation of public funding and provision of tax benefits;
k) Those enrolled in the college of insolvency and recuperation management specialty
of companies, to, in the framework of the Insolvency and Recovery Code of
Companies and supplementary legislation, exercise the duties of manager of
insolvency;
l) Those enrolled in the college of specialty expertise and commercial arbitration and
tax, to address, in the quality of experts, on issues of
predominantly economic and tax nature necessary for the resolution of
litigation and to act as arbitrators in arbitral tribunals that haves to decide
on disputes of a predominantly economic and tax nature.
Article 6.
Modalities of exercise of the profession
1-A the profession of an economist can be exercised on his own, or on an individual basis,
either in society, or on account of outrain, regardless of the public sector,
private, cooperative or social in which it is performed.
2-The exercise of professional activity on account of outrain does not affect technical autonomy
nor does it discharge the fulfillment of deontological duties
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Article 7.
Tutela
The powers of administrative tutelage referred to in Article 45 of Law No. 2/2013 of 10 of
January, are exercised by the member of the Government responsible for the area of the economy.
CHAPTER II
Members
Article 8.
Categories of members
1-A Order has the following categories of members:
a) Effective member;
b) Member trainee;
c) Honorary member.
2-Are considered effective members of the Order the individuals, the societies of
economists and the associative organizations of professionals who are equated with others
Member States of the European Union or of the enrolled European Economic Area,
in that capacity and under the terms of this Statute in at least one of the colleges of
professional specialty.
3-Are trainee members of the Order the individuals who, with a view to their enrollment as
effective member, in it are found to be attending internship.
4-Are honorary members of the Order the natural or collective persons who, by exerting
or having exercised activity of recognized public interest for the profession of
economist or for the economic sciences, be deserving of such a distinction, by
deliberation of the representative assembly, under proposal of the direction or of at least 50
effective members.
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Article 9.
Enrollment in the Order and in the specialty colleges
1-A enrollment in the Order and in the specialty colleges is done in the terms of the present
Status and regulation to be adopted by the Order, which must comply with the following
principles:
a) Dematerialization of the application procedure, without prejudice to, being this
accepted, be required to certify some of the documents that instruct it;
b) Payment of enrolment fee and first quota, which are returned in case
of rejection of the application;
c) The candidate must identify the colleges of professional specialty in which if
intends to enrol, attending to the nature of the candidate's academic training and the
your professional experience, with observance of the provisions of paragraph 4 and, as to the
collective persons, the one in paragraph 5.
2-Without prejudice to the provisions of the following article, the enrolment of a professional as
effective member of the Order and of one of its professional specialty colleges
depends cumulatively:
a) From the title of a degree, master's degree or doctorate in the area of
economic sciences, or of a foreign higher academic degree in the same
area to which it has been conferred equivalence to one of those degrees, or that has
been recognized with the level of one of them;
b) From the realization of a professional internship of specialty, when obligatory in the
terms of Article 15.
3-For the purposes of the provisions of the a ) of the previous number, consider in particular
as being inserted in the area of economic science the graduates in:
a) Economics;
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b) Management;
c) Management of companies;
d) Business sciences;
e) Administration and management of companies;
f) Finance;
g) Mathematics applied to economics and management;
h) Marketing ;
i) Management of human resources;
j) Accounting;
k) Taxation.
4-A enrollment in the college of insolvency management specialty and recovery of
companies are still dependent on the legal exercise on national territory of the activity of
judicial administrator, not being required to carry out internship.
5-A society of economists or associative organization referred to in Article 13 may
sign up as a member of a particular professional specialty college
when at least one of its associates, managers, administrators or collaborators
full time for effective member of that same college.
6-Without prejudice to the provisions of the preceding paragraph, the legal arrangements for enrolment of the organi-
associative zations of professionals from other Member States appears in the diploma that
establishes the legal regime of the constitution and operation of the societies of
professionals who are subject to professional public associations.
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Article 10.
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.
4-A The enrolment of citizens of third countries, in the lack of arrangement subscribed by the Order, is
made in terms of reciprocity, and it may be required to carry out the professional stage-
nal.
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Article 11.
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 Economist regulated by this Statute, may exercise them,
occasional and sporadic form, in national territory, in regime of free provision of
services, pursuant to Law No. 9/2009 of March 4, amended by Laws No 41/2012,
of August 28, and 25/2014, of May 2.
2-The professionals referred to in the preceding paragraph shall be exempt from the obligation to affidavit
previous Article 5 of Law No 9/2009 of March 4, as amended by the Laws n.
41/2012, of August 28, and 25/2014, of May 2, as well as of the identification of the
society or associative organization on account of which it provides services, in the terms of the
n Article 36 (3) of Law No 2/2013 of January 10.
Article 12.
Societies of economists
1-The economists and the remaining professionals established in national territory for the
activity exercise in the area of economic sciences may exercise in group a
profession constituting or joining as associates in economists ' societies.
2-Can still be professional associates of economists ' societies:
a) Companies of economists previously constituted and entered as members
of the Order;
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b) Associative organizations of professionals equipped with constituted economists
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,
previously entered in the Order in the terms of the following article.
3-The capital requirement referred to in para. b ) of the previous number is not applicable in case this
does not have a social capital.
4-The equiparation judgment referred to in point (a) 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
out of Portugal, by the internationally beholdant reciprocity regime.
5-Societies of economists shall enjoy the rights and are subject to the applicable duties
to professionals members of the Order who are compatible with their nature, with
the exception of the right to vote, being in particular subject to the principles and rules
deontological constants contained in this Statute.
6-The members of the executive body of economists ' societies, regardless of
its quality of members of the Order, must abide by the principles and rules
deontological, technical and scientific autonomy and the guarantees conferred on economists
by law and by this Statute.
7-Economists ' societies may still develop any other activities that
are not incompatible with the activity of economist, nor in relation to which if
check impediment, pursuant to this Act, not being these subject activities
to the control of the Order.
8-A constitution and the operation of the societies of professionals who are subject to
professional public associations appear in a diploma of their own.
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9-Without prejudice to the provisions of the preceding paragraph, the majority of the social capital with a right of
vote of economists ' societies, when it exists, belongs to established economists
in national territory, to companies of economists constituted under the law
national, or other forms of associative organization of equiped professionals
constituted in another Member State of the European Union or the Economic Area
European entered in the Order in the terms of the following article.
Article 13.
Associative organisations of professionals from other Member States
1-The associative organizations of professionals equated with constituted economists
in another Member State of the European Union or of the European Economic Area for the
exercise of professional activity whose manager or administrator is a professional and
whose capital with a right to vote falls majority-to the professionals concerned and or
to other associative organizations whose capital and voting rights fall majority-owned
to those professionals can enroll the respective permanent representations in
Portugal, constituted under the terms of the commercial law, as members of the Order, being
while such equates to companies of economists for the purposes of this Statute.
2-The capital requirements referred to in the preceding paragraph are not applicable if this is not
has social capital, applying, in its place, the requirement for allocation of the
majority of voting rights to the professionals there referred to.
3-The equiparation judgment referred to in paragraph 1 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
out of Portugal, by the internationally beholdant reciprocity regime.
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Article 14.
Honorary titles
They may be further attributed by deliberation of the representative assembly, on a proposal from the
direction, on the basis of merit of the professional pathway, to natural persons the
following honorary titles:
a) Senior member, to the effective members with at least 15 years of exercise of the
professional activity;
b) Member advisor, to the effective members with at least 25 years of
exercise of professional activity
Article 15.
Professional stages
1-The professional stage obeys the following rules:
a) The duration of the internship may not be more than 18 months or, should the candidate be
holder of a master's academic degree or doctor, or postgraduate degree
not lecturer of academic degree, always in the area of the specialty where if
intends to enroll, at 12 months, counted during the period in which the trainee
has patron chosen or indicated by the Order;
b) It takes into consideration, in the orientation of the internship, the prior professional experience
of the candidate;
c) The professional internship is guided by a patron, chosen by the candidate of
between effective members of the Order with more than five years of experience
professional, or indicated by the Order at the request of the candidate;
d) It is incumbent upon the patron to carry out an internship report and follow up, tutelar
and evaluate the professional activity exerted by the trainee;
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e) The trainee benefits from insertion programmes in the labour market that the
Order arrange or in which you participate;
f) The trainee may apply for suspension or extension of the internship period
due to the proven interruption of his or her professional activity or patron;
g) The trainee is relieved to carry out civil liability insurance
professional;
h) The trainee is relieved to carry out personal accident insurance, in the cases
where the professional oriented stage decorates in the framework of a contract of
work.
2-A professional internship achievement is dispensed in the cases provided for in the present
Status, and also when the professional:
a) Have completed a degree in the area of the economic sciences before 26 of
april 1999; or
b) Be a master's or doctoral degree holder with relevance to the scientific area of the
professional specialty to which you are a candidate.
3-The national professionals of Member States of the European Union or of Space
European Economic whose qualifications have been obtained outside Portugal and
intend to carry out the internship on national territory can sign up as members
trainees of the Order.
4-The cessa stage:
a) By enrollment at the college of specialty to which the internship respects;
b) By default of the limit period provided for in paragraph a ) of paragraph 1, without prejudice
of the provisions of the paragraph f ) of the same number;
c) By death or interdiction of the trainee;
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5-A professional internship achievement for enrollment in the various professional specialties
in the terms of this Statute is the object of regulation, to be approved by the assembly
representative, under proposal of the respective colleges of the professional specialty.
6-The professional stage of the Order does not confuse with the professional stage promo-
i have been in the public employment service.
7-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.
8-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.
Article 16.
Suspension of enrollment in the Order and in the specialty colleges
1-Is suspended the inscription in the Order to members:
a) Who will request you in writing to the direction, delivering the professional ballot;
b) Who are punished with disciplinary sanction of suspension, following
disciplinary procedure.
2-Is suspended the enrollment at a particular specialty college to the member that the
solicit, being in that case issued new professional ballot, valid during the period of
suspension.
Article 17.
Dispensation of payment of quotization
An effective member who has his or her enrollment suspended under the previous article stands
dispensed from the payment of quotas during the period of suspension.
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Article 18.
Cancellation of enrollment in the Order and in the specialty colleges
1-It is cancelled the enrollment in the Order to members that:
a) The request, in writing, to the direction, by delivering the professional ballot respects;
b) Be punished with disciplinary sanction of expulsion, following procedure
discipline.
2-Members may still request, in writing, at the direction, the cancellation of the inscription
at a particular specialty college, being in that case issued new ballot
professional.
3-A loss of the quality of honorary member is made by deliberation of the assembly
representative, under proposal of the direction or of at least 50 effective members.
Article 19.
Professional registration
The Order organizes and makes available to the general public, through its electro-site in the
Internet , an updated record:
a) Of the professional members of the Order, from where it is constrained:
i) The name, the professional domicile and the number of wallet or ballot
professionals;
ii) The designation of the professional and honorific titles of which they are holders;
iii) The situation of suspension of the exercise of the activity, if any.
b) From the societies of economists and other forms of associative organization
inscribed and where it is conspict, namely, the respect designation, headquarters, number
of enrolment and number of tax identification or equivalent and still indication of the
specialty colleges in which they are entered.
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Article 20.
Rights of members
1-Are the rights of the effective member those of:
a) Use the professional title of economist, as well as the honorific titles that
have been assigned;
b) Enjoy in the European Union and the European Economic Area of rights
arising from the recognition of their training as this is found
regulated by national legislation;
c) Electing the national and regional bodies of the Order and, in the case of members who
be natural persons, for them to be elected, under the conditions set out in the present
Statute;
d) Exercise the right to vote in internal referendums and meetings of the assembly
regional;
e) Be informed, participate in and benefit from the activities and services developed by the
Order, particularly of an economic, social, cultural, scientific and
formative;
f) Access all information, particularly of an economic nature,
made available by the Order;
g) Use, for your identification in the professional activity that develops, the
heraldic symbols of the Order, in the terms set out in the book of styles.
2-Honorary members and trainee members shall enjoy the rights referred to in the
point ( e) a g) of the previous number.
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Article 21.
Duties of members
They are the duties of the Member, in addition to others provided for in this Statute:
a) Comply with the regulations approved in delivery of this Statute,
specifically in deontological matters;
b) Comply with and enforce the deliberations of the organs of the Order;
c) Pay the quotas, fees and other financial contributions due to the Order;
d) Acting solidarily in the defence of the prestige of the Order and the profession of
Economist;
e) Communicating to the Order the change of the professional domicile or the registered office, in
national territory, and of other data that should appear in the professional register.
Article 22.
Duties of service providers in the area of the economy
1-Economists, economists ' societies and equated entities become subject
to the requirements set out in Article 19 (1) and (20) and Articles 20 and 22 of the
Decree-Law No. 92/2010, of July 26, and still, with regard to services provided
by electronic means, to the provisions of Article 10 of the Decree-Law No. 7/2004 of January 7,
changed by Decree-Law No. 62/2009 of March 10 and by Law No. 46/2012, 29 of
august.
2-The provisions of the preceding paragraph shall apply to all service providers in the area of
economic sciences, regardless of the nature of the link in question, including to the
professionals who choose not to enroll in the Order and the other collective people,
excepted the services and bodies of the direct and indirect administration of the State, of the
autonomous regions and local authorities, and the remaining public collective people do not
business.
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Article 23.
Professional portfolio and joint certificates
1-A Order collates and cooperates with the competent authorities of other States-
Members of the European Union and of the European Economic Area in order to issue a
European professional portfolio.
2-A Order may also link, through arrangement, to congenic organizations
of countries that have the Portuguese as the official language in order to issue them, jointly,
certificates making it possible for their holders to exercise specialties of the profession
of economist in the territory where the outorgants are based.
Article 24.
Professional specialities
1-A The profession of economist integrates the following professional specialties:
a) Political economy;
b) Economics and business management;
c) Auditing;
d) Financial analysis;
e) Financial management;
f) Marketing;
g) Business strategy;
h) Management of human resources;
i) Management and tax advice;
j) Public management;
k) Management of insolvencies and recovery of companies;
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l) Peritage and commercial and tax arbitrage.
2-A each of the professional specialties identified in the preceding paragraph
corresponds, in the professional organization of the Order, a college of specialty
professional, of a national scope.
CHAPTER III
Organization of the Order
Article 25.
Organs of the Order
1-Are national bodies of the Order:
a) The representative assembly;
b) The general council;
c) The direction;
d) The bastonary;
e) The tax council;
f) The board of supervision and discipline;
g) The advice of the profession;
h) The specialty boards.
2-Are regional bodies of the Order:
a) The regional assembly;
b) The regional direction.
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Article 26.
Rules
Without prejudice to the provisions of this Statute, each organ shall approve its regiment where
are regulated, inter alia, the following subjects:
a) Convening of the meetings;
b) Order of proceedings of the meetings;
c) Participation in meetings by teleconference;
d) Vote by correspondence and electro vote;
e) Taking of deliberations;
f) Drafting and approval of atas;
g) Accountability of members for the deliberations taken.
Article 27.
Composition of the representative assembly
1-A representative assembly shall consist of a number of members who correspond
a 5% of the effective members of the Order who, on the date of the convening of the elections for the
organs of the Order, are in the full enjoyment of their associative rights but not
may that number surpass the 100 members.
2-The finding of results and the consequent allocation of mandates is done by the
territorial circles referred to in Article 2 (2), electing each of these circles a
number of members of the representative assembly that is proportional to the number of
members of the Order by them covered.
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Article 28.
Competences of the representative assembly
It is incumbent on the representative assembly:
a) Elect and impeach the members of your desk;
b) Designate the Official Reviewer of Accounts;
c) Impeach the members of the direction;
d) Impeach the members of the supervisory board and discipline;
e) Pronount on proposals, presented by the direction, of dissolution, merger
or of integration into the Order of other professional public associations, and
submit them to the binding internal referendum;
f) Deliberating on projects to amend the Statute, presented by the direction,
and may decide that the approval of some of the amendments, given their particular
relevance, be subject to binding internal referendum;
g) Deliberating, under proposal of the direction, on the participation or inscription of the Order
in national or foreign institutions;
h) Approve, under proposal of the direction, the following regulations and respect
changes:
i) From professional specialties;
ii) Of professional registration;
iii) Disciplinary;
iv) Electoral;
v) Holding of internal referendum;
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i) Approve the regulations considered as necessary for the proper execution of the
standards of this Statute;
j) Approve, on a proposal from the tax council, the regulation on remuneration and
compensation for expenses of holders of national and regional bodies;
k) Set, under proposal of the direction, the amounts of the application fee, of the quotas and
other fees for the provision of services by the Order;
l) Admit, under proposal of the direction or of at least 50 effective members,
honorary members;
m) Assign, under proposal of the direction, the honorific titles of member advisor
and of a senior member;
n) Accepting the application for the resignation of members of national bodies and promoting their
replacement, in the terms set out in this Statute;
o) To appreciate and deliberate on the activities plan and the annual budget of the Order,
presented by the direction, for the following exercise, in it if including the
corresponding instruments of regional delegations and colleges of
professional specialty;
p) Appreciate and deliberate on the report and accounts of the Order relative to each
exercise, presented by the direction, in it if including the correspondents
instruments of regional delegations and specialty colleges
professional;
q) Authorize the direction to practice all acts of acquisition, alienation or burdening
of real estate;
r) Without prejudice to the powers of the board of supervision and discipline, to appreciate the
activity of the organs of the Order and approve motions and recommendations of character
associative and professional;
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s) Deliberating on all matters that are not understood in the
specific competences of the remaining organs of the Order.
Article 29.
Operation of the representative assembly
1-A The table of the representative assembly shall consist of a President, a
vice-president and two secretaries, being the president, in his or her lines or impediments,
replaced by the vice-president and this by one of the secretaries.
2-It is up to the table of the assembly representative the convening and direction of the meetings of this
organ, assuming, at the time of the holding of the elections for the organs of the Order, the
electoral table functions.
3-A representative assembly shall convene ordinarily:
a) In the last quarter of each year, to appreciate and deliberate on the activi-plan
ies and the annual budget of the Order;
b) In the first quarter of each year, to appreciate and deliberate on the report and
accounts of the Order, which is presented to you by the direction.
4-A representative assembly meets extraordinarily when such is required by the
chair of your desk:
a) By the direction;
b) For at least 10% of its members, when dealing with the removal of
elected holders of national bodies or approval of motions and recommendations
of an associative and professional character.
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5-deliberations are taken by a majority of votes of the members of the assembly
representative at the meeting, save in the cases of approval of proposals for:
a) Removal of holders of national bodies, dissolution, merger or integration
in the Order of other professional public associations, and of amendment to the present
Status, where the favourable vote of two-thirds of the members of the
assembly in effectivity of functions;
b) Participation or enrolment of the Order in national or foreign institutions, of
approval of regulations, setting the amounts of the application fee and the
quotas and fixing of the rules for the affectation of revenue from the Order coming
of quotas and fees to expenses originated in the regional delegations and colleges of
professional specialty, where the favorable vote of the majority of the
members in effectivity of roles.
6-Meetings intended to be deliberated on the subjects referred to in paragraph a ) of the number
previous shall only begin when two thirds of the members of the
representative assembly in effectivity of functions and, in the remaining cases, when
present the majority of the members of the assembly in effectivity of duties, and may
yet, when dealing with deliberation on the subjects referred to in points j ) a the ) of the article
previous, meetings start by being present one-third of the members of the
assembly in effectivity of functions.
Article 30.
Composition of the general council
1-The general council is composed of the bastonary, who presides and directs its meetings, by
15 elected members and by a representative of each regional direction.
2-Can participate in the meetings of the general council, without the right to vote, the president of the
specialty board of each professional specialty college.
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Article 31.
Competences of the general council
Compete for the general council:
a) Issue an advance opinion on the proposals that direction, pursuant to Article 28,
should submit to the assessment of the representative assembly.
b) To appreciate and decide on the resources on deliberations of:
i) Direction, in subjects of admission in the Order, of enrollment in college of
professional specialty and assignment of the honorific title of member con-
sellor and senior member, interposed by any interested;
ii) Electoral table, in relation to irregularities committed in proceedings
electoral, interposed in the terms of the electoral regulation;
c) Approve, under proposal of direction, the heraldic symbols of the Order and the
insignia of member advisor and senior member;
d) Exercising the disciplinary power over the members of the supervisory board and
discipline, in disciplinary commission ad-hoc ;
e) Decide the resources in disciplinary matters.
Article 32.
Operation of the general council
Without prejudice to the provisions of its Regiment, the functioning of the general council observes the
following rules:
a) The general council has semiannual ordinary meetings.
b) The general council meets extraordinarily on the initiative of the bastonary or
whenever this is required to:
i) By a national body of the Order;
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ii) For at least 20% of the members of the general council;
c) The request for an extraordinary meeting referred to in the preceding paragraph shall
come accompanied by the agenda of the meeting, which must take place on the deadline
maximum of 15 days, after receipt of that application;
d) The general council also meets extraordinarily whenever it has to
appreciate an appeal in the matter of irregularities committed in proceedings
election, in which case the meeting is due to be held in the eight days subsequent to the date
of resource interposition, being the remaining appraised features in the first
meeting of the general council that if it comes to, after its interposition;
e) The approval of binding prior opinions lacks the favorable vote of the
majority of the members of the general council.
Article 33.
Composition of the direction
The direction is composed of the bastonarium, by six effective vowels and by two alternating vowels.
Article 34.
Competence of the direction
1-Compete in the direction:
a) Drive and coordinate the activities of the Order;
b) To draw up and present to the representative assembly, the general council and the council
of the profession the proposals that these bodies haves to appreciate and vote for, including the
report and annual accounts of the Order, obtaining the opinions in advance, provided for
in this Statute, of other organs;
c) Approve the collaboration protocols to be concluded with educational institutions
top and with professional associations wishing to make represent in the
board of the profession;
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d) Proposing to the assembly representative the award of honorary title of member
adviser and senior member;
e) To accept or reject applications for enrolment in the Order and its colleges of
professional specialty, as well as authorizing the passage of a trainee to
effective member;
f) Approve the professional portfolio model, certificates and other
documents that attest to the quality of Member of the Order;
g) Approve the book of styles for the use of the heraldic symbols of the Order by the
effective members;
h) Authorize the borrowing and the acceptance of donations and legacies;
i) Nominate and impeach the members of provisional directions of colleges of
professional specialty;
j) Nominate the effective members of the Order to the board of the profession;
k) Turn to the supervisory board and discipline of the deliberations taken by
organs of the Order.
2-A direction can delegate:
a) In the bastonary, with the possibility of subdelegation, the skills referred to in the
points d ) a f ) and i ) of the previous number;
b) In the regional directions the competence referred to in the and ) of the previous number,
relatively to candidates with a professional domicile in the respective delegation
regional.
3-With the exception of the cases provided for in Article 36, the Order links with the signing
of the bastonary and a vowel of the direction in effectivity of functions.
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Article 35.
Operation of the direction
Without prejudice to the provisions of its regiment, the functioning of the direction observes the
following rules:
a) The direction has fortnightly and extraordinary ordinary meetings whenever the
bastonary the convoys;
b) The deliberations are taken with the presence of at least four members
effective and approved by majority of those present;
c) At the invitation of the bastonary can participate in the meetings of the direction, with no right of
vote, the presidents of the remaining bodies of the Order, as well as who exercises the
functions of secretary-general.
Article 36.
Competences of the bastonary
1-Compete to the bastonary:
a) Represent the Order, in judgment and outside of it, and may constitute mandators;
b) Designate, from among the effective vowels, the one that replaces it in your lines and
impediments;
c) Presiding, with a vote of quality, to the general council, to the board of the profession and to the
permanent commission of the board of the profession;
d) Decide from the purposeful of lawsuits, authorizing transactions and dismissals;
e) Provide the information that is requested of the Order;
f) Sign up for professional wallets and certificates issued by the Order;
g) Administer the goods and manage the funds of the Order;
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h) Direct the services, appoint who in them shall exercise the duties of the Secretary-General;
i) Outoring contracts with the employees;
j) Authorize the realization of expenditure;
k) Authorize the disposal and oneration of movable property and the conclusion of contracts of
leases.
2-The bastonary may delegate its powers referred to in points (s) f ), g ), j ) and k ) from the
previous number in the vowels of the direction, in the presidents of the regional directions and of the
professional specialty advice and the skills referred to in points and ) and i ) from the
previous number in whom to exercise the duties of Secretary-General, with the possibility of
subdelegation.
Article 37.
Composition of the tax council
1-The tax council is composed of a president, a vice president, an effective vowel
and two suppline vowels.
2-The tax council further integrates an Official Reviewer of Accounts, designated by the assembly
representative, under proposal of the direction.
Article 38.
Competences of the tax council
Compete for the tax council:
a) Examine the accounting of the national headquarters, at least once a quarter, and the
accountants that with it reconcile, at least once per semester;
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b) Issue opinion on:
i) The report and accounts of the Order of each exercise and the corresponding
instruments of regional delegations and specialty colleges
professional that they consolidate;
ii) The plan of activities and annual budget of the Order and the corresponding
instruments of regional delegations and specialty colleges
professional that they consolidate;
iii) The proposals on the amounts of the application and quota fee;
iv) The proposals on rules of affection of revenue from the Order from
quotas and fees to expenditure originated in regional delegations and colleges of
professional specialty;
v) The contraction of loans;
vi) The acceptance of donations and legacies;
vii) The acquisition, disposal and burdening of immovable property;
viii) All subjects that are submitted to you by the direction or on which the
advice understand to issue generic guidelines on management
economic-financial of the Order.
Article 39.
Operation of the tax council
Without prejudice to the provisions of its Regiment, the operation of the tax council observes the
following rules:
a) The tax board has quarterly and extraordinary ordinary meetings whenever the
its president the convoys;
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b) The deliberations are taken with the presence of at least two members and are
approved with at least two favorable votes;
c) At the invitation of the President may participate in the meetings, in addition to the vowels
alternates of this organ, members of the direction, of the regional secretariats and of the
specialty advice, as well as who exercises the duties of secretary-general.
Article 40.
Composition of the supervisory board and discipline
The board of supervision and discipline is composed of nine effective members of the Order,
being the cooped president of among them.
Article 41.
Competences of the supervisory board and discipline
1-It is up to the board of supervision and discipline to ensure the legality of the activity exercised
by all the organs, national and regional, of the Order and exercise the disciplinary power.
2-In the exercise of its competence of ensuring the legality, the supervisory board and
discipline can:
a) Annul or declare void, either by your initiative or the application of an organ of the
Order, the decisions or deliberations taken by the other organs that violate the
provisions of the law, the present Statute and the regulations in force, indicating the
measures that should be adopted for the reposition of legality;
b) Issue, and remit to the direction, opinions on proposals for amendment of the present
Status and regulation of professional specialty, of professional discipline
and electoral and on the holding of internal referendum;
c) Issue, and refer to the general counsel, opinion binding on compliance
legal or statutory of internal referendums;
d) Determine the conduct of audits and surveys.
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3-The board of supervision and discipline exercises the disciplinary power over the members of the
Order, including those who are holders of the remaining organs, as well as if
find enrolled in the professional register, for acts committed in the exercise of
professional and associative activities.
Article 42.
Operation of the supervisory board and discipline
Without prejudice to the provisions of its Regiment, the operation of the supervisory board and
discipline observes the following rules:
a) The meetings of the supervisory board and discipline are convened by your
president, on his or her initiative or at the request of at least one third of the members of the
board, only if it may carry out being present, at least six members;
b) A qualified majority of two-thirds of the votes of the members in attendance is required
at a meeting for her if they approve proposals for cancellation or declaration of
nullity of decisions or deliberations, of legal conformity or statutory of
internal referendums, or of the application of the disciplinary penalty of suspension for period
greater than two years or expulsion;
c) The remaining deliberations are only taken if they get the favorable vote of five
members.
Article 43.
Composition of the board of the profession
The board of the profession is composed:
a) By the bastonary;
b) By an effective member of the Order, appointed by each of the institutions of
higher education who teach undergraduate courses in the area of economic sciences
and who have concluded, for the purpose, a protocol of collaboration with the Order;
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c) By an effective member of the Order appointed by each of the organizations
exclusive professional associative or majoritarian composed of economists
and who have concluded, for the purpose, a protocol of collaboration with the Order;
d) By the president of each of the specialty boards or by a his
representative;
e) By a minimum of effective members of the Order up to a third of the universe of the
board, appointed by the direction.
Article 44.
Competences of the board of the profession
It is incumbent on the board of the
a) Issue opinion, to refer to the direction, on the proposals for a regulation of
professional specialty;
b) Issue opinion, in standing committee, on:
i) Trainee pass the effective member of a specialty college
professional, on the basis of the opinion of the respective specialty council, the
refer to the direction;
ii) Proposals for admission of honorary members, to refer to the direction and to the
representative assembly;
iii) Proposals for the award of the honorific titles of member advisor and of
senior member, to refer to the direction and the representative assembly;
c) Issue, in conjunction with the specialty boards, objective guidelines and
generic on the suitability of the various academic formations in the areas of the sciences
economic to each of the professional specialities provided for in the present
Statute;
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d) Pronount on all matters submitted to it by the bastonary or
by its standing committee.
Article 45.
Operation of the board of the profession
Without prejudice to the provisions of its Regiment, the functioning of the board of the profession
notes the following rules:
a) The board of the profession has annual ordinary meetings and its standing committee
has monthly meetings;
b) The plenary of the board of the profession brings together extraordinarily on the initiative of the
bastonary or whenever this is requested to:
i) By the standing committee of the board of the profession;
ii) For at least 20% of the members of the board of the profession;
c) The request for an extraordinary meeting referred to in the preceding paragraph shall be
accompanied by the order of proceedings of the meeting, which must take place on the deadline
maximum of 15 days, after receipt of that application;
d) Meetings should start when you meet half of the members of the
board of the profession, or, an hour later, with any number of members
gifts;
e) The deliberations are taken by a majority of votes of the members present, save in the
regard to the approval of proposals on the matters referred to in points a ) from the
previous article that lack the favorable vote of the majority of board members
of the profession.
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Article 46.
Composition and operation of the standing committee of the board of the profession
1-A The standing committee of the board of the profession shall be constituted:
a) By the bastonary, who presides with a vote of quality, and may delegate to
chair of the meeting in a member of the direction;
b) By a member who is a representative of higher education institutions,
appointed by the other representatives of these institutions;
c) By a member who is a representative of professional associations, appointed
by the other representatives of these associations;
d) By an economist, member of the board of the profession, appointed by the bastonary.
2-Whenever there is to be analyzed at a meeting of the standing committee a
application or an application which, under the terms of this Statute, has been
referred to by a professional specialty college, the respected president of the
professional specialty board, or a your representative, should participate in the
meeting, but may only exercise your vote in the matters that justified your
participation.
3-Whenever judging convenient, the standing committee can be advised by others
members of the Order or by external personalities, of recognized scientific merit
or professional.
4-A The standing committee has monthly and extraordinary ordinary meetings whenever the
bastonary the convoys.
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Article 47.
Composition of the professional specialty board
The professional specialty board is composed of 10 members elected by the
effective members in the respective professional specialty college damong their
members, being chaired by the first candidate of the most-voted list.
Article 48.
Competencies of the professional specialty board
1-Compete to the professional specialty board:
a) Represent the college of professional specialty in the national bodies;
b) Support the direction, pursuant to this fixation, in the drafting of the proposal of
budget and plan of annual activities of the Order and, once these approved,
draw up for the respective professional specialty college for the corresponding
instruments, adjusted and coherent with those;
c) Draw up the report and annual accounts of the college of professional specialty a
consolidate, in the terms set by the direction, in the corresponding instruments of the
Order;
d) Draw up proposals for a regulation of the professional specialty or its
changes, referring them to the direction;
e) Give opinion on applications for enrollment at the college of specialty
professional, to refer to the direction;
f) Give advice on the requirements of trainee trainees the effective member
of the college of professional specialty, refer to the standing committee of the
board of the profession;
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g) Pronounce on the proposals for assigning the honorific title of member
senior and member advisor relating to members enrolled in the college in
cause, referring them to the standing committee of the board of the profession;
h) Issue, in conjunction with the board of the profession, objective guidelines and
generic on the suitability of the various academic formations in the areas of
economic sciences to each of the professional specialties provided for in the
this Statute;
i) Decide on the subjects relating to the professional specialty that are
presented by the president and the bastonary.
2-The specialty board can delegate its competences to its chairman, with
possibility of sub-delegation in a vice president, by he chosen.
Article 49.
Operation of the professional specialty board
Without prejudice to the provisions of its Regiment, the operation of the specialty board
professional observes the following rules:
a) The professional specialty board has quarterly ordinary meetings;
b) The professional specialty board gathers extraordinarily on the initiative of the
your president or bastonary, or whenever this is required to the board of
professional specialty by at least 20% of the members of this council;
c) The requirement for the holding of extraordinary meeting referred to at the end of the paragraph
previous must come accompanied by the order of work of the meeting, which must take place
within the maximum period of 15 days, after receiving that application;
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d) The deliberations are taken by a majority of votes of the members present, save in the
regard to the approval of proposals on the matter referred to in para. d ) of paragraph 1
of the previous article, which lack the favorable vote of the majority of the members of the
professional specialty board.
Article 50.
Composition of the regional assembly
The regional assembly is composed of all the effective members in the full enjoyment of their
rights with a professional domicile in the area of jurisdiction of the respective regional delegation.
Article 51.
Competences of the regional assembly
It competes with the regional assembly:
a) Electing the regional assembly table and regional direction;
b) Accepting the request for resignation of members of the regional assembly and the
regional direction and promote its replacement in the terms provided for in the present
Statute;
c) Approve the report and accounts of the regional delegation relating to each financial year, the
consolidate in the accounts of the order approved by the representative assembly;
d) Appreciate and deliberate on the annual activity plan and budget for the exercise
next, proposed by the regional direction, obtained the agreement of the direction.
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Article 52.
Operation of the regional assembly
Without prejudice to the provisions of its Regiment, the operation of the regional assembly,
notes the following rules:
a) The table of the regional assembly is composed of a president and two secretaries,
to compete with you to convene and direct the meetings of this organ;
b) The regional assembly meets ordinarily:
i) Until March 1 to exercise the competence provided for in the c ) of the article
previous;
ii) In the last quarter of each year, to exercise the competence provided in the
point ( d ) of the previous article, except as to the plan and budget of the first
exercise of each mandate, in which case it must meet in the first quarter of the
mandate;
c) The extraordinary meetings of the regional assembly take place at the initiative of its
desk or whenever this is requested from the Chair of the table:
i) By the regional direction;
ii) For at least 50 or 10% of the members of the respective regional delegation;
d) The requirement for the holding of extraordinary meeting referred to in the preceding paragraph
must be accompanied by the order of proceedings of the meeting, which must take place in the
maximum period of 15 days, after receipt of that application;
e) The deliberations are taken by a majority of votes of the members present, save in the
respect for the approval of deliberations on removal of organ holders
regional, which depend on the favourable vote of the majority of the members of the assembly
regional;
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f) The meetings intended to be deliberated on the subjects referred to in points b ) a d ) from the
previous article should start when present half of the members of this body,
or, one hour later, with any number of members present.
Article 53.
Composition of the regional direction
The regional direction consists of three effective members and two alternates, elected from among
the members of the regional assembly respecting the chairmanor of the presidency to the first name of the
elected list.
Article 54.
Competences of the regional direction
It competes in the regional direction:
a) Support the direction, pursuant to this fixation, in the drafting of the proposal of
budget and plan of annual activities of the Order and, once these approved,
draw up the proposals of corresponding instruments, adjusted and consistent with
those, to be submitted, after obtained their approval by the direction, to the assembly
regional;
b) Draw up the report and annual accounts of the regional delegation, to be consolidated, on the terms
set by the direction, in the corresponding instruments of the Order, and submit it to the
appreciation of the regional assembly;
c) Submit to the consideration of the other organs of the Order the subjects on which they
should pronounce-se;
d) Nominate, from among its members, what represents the regional delegation in the
general advice.
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Article 55.
Meetings of the regional direction
The meetings of the regional direction follow the provisions of your regiment and the following rules:
a) The regional direction has monthly and extraordinary ordinary meetings whenever the
its president the convoys;
b) The deliberations are taken with the presence of at least two effective members
and approved by majority;
c) They may participate, without the right to vote, in the meetings of the regional direction their
alternate members, except when in them they find themselves replacing an effective vowel
in its absences and impediments, as well as, at the invitation of the President of the direction
regional, the members of the regional assembly table.
CHAPTER IV
Elections
Article 56.
Electoral capacity
1-You can only participate in the elections of the national and regional bodies of the Order your
effective members in the full enjoyment of their associative rights, owing yet, in the case
of the regional bodies, be enrolled in the circumscription concerned.
2-Can only be candidates for bastonics, the member of the general council and the member of the
supervisory board and discipline, the effective members who exercise activity
professional for more than 10 years.
3-Can only be candidates for members of the direction, and of the regional directions, the members
effective that have been carrying out professional activity for more than five years.
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4-The candidates for the direction, the general council, the supervisory board and discipline and the
regional directions can only run for the post to which they apply in one of these
organs.
5-The exercise of any office is incompatible with the exercise of leading functions in the
public function.
6-The exercise of executive, disciplinary and supervisory functions in the organs of the Order is
incompatible with each other.
Article 57.
Mandates and conditions of exercise of the posts
1-A The length of the mandates of the elected bodies of the Order is four years,
renewables for a single time.
2-All mandates start on January 1 and end on December 31, so on
case of destitution or loss of tenure, the substitutes only complete the
mandate of the substituted.
3-Should the replacement by alternate member occur, proceed to the mid-term election
for the post left vacant, fulfilling the elected the remaining part of the mandate of the
replaced.
Article 58.
Election period
1-The ordinary elections for national and regional bodies occur simultaneously and
must take place in the last quarter of the year in which the term of office ends
elected.
2-A the date of the elections, as well as the electoral calendar for national bodies and
regional, is fixed by the table of the representative assembly, standing to the respects
president subscribe to the convocatory announcements of the elections.
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3-The electoral calendar shall be remitted, by electro-mail, jointly with the
convenatory announcement of the elections to all members, owing on that same day to be
released on the site of the Order on the Internet and affixed to the premises of the headquarters and the
regional delegations.
Article 59.
System of voting
1-A Election is made by complete lists for national bodies and regional bodies
and the vote processes by secret and direct ballot, admitting votes by
correspondence.
2-The polling stations operate on the premises of the headquarters and regional delegations.
3-The vote by correspondence shall comply with the following requirements:
a) The ballot paper is to be bent on four and contained in envelope
closed from where to the name and the number of professional ballot of the voting
as well as their signature;
b) The envelope referred to in the preceding paragraph shall, in turn, be introduced in a
another directed at the chair of the representative assembly desk in a manner
power for him to be received by the day of the vote, including.
4-Vote bulletins are edited by the Order, upon control of the assembly table
representative.
5-The ballot papers, as well as the candidate lists and the respected programs, are
sent, by electrophic mail, to all members with active electoral capacity up to
10 working days prior to the date scheduled for the election act and are available at the site of
vote.
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Article 60.
Presentation of lists
1-The candidate lists are delivered to the chair of the representative assembly's desk
within the time limit set in the electoral calendar, but never more than 30 days before the date
of the achievement of the electoral act, which runs on a single day.
2-Each candidate list should integrate candidates for all national and regional bodies
subjected to the vote and come accompanied by the identification of the candidates and the
underwriters, dum term of acceptance, individual or collective, of application or of
application underwriting as well as the respective programme of action.
Article 61.
Clearance of results
The finding of results is done as follows:
a) In the elections to the representative assembly, the general council, the council of
supervision and discipline and the specialty boards, the system of the average applies
highest of Hondt ;
b) In the elections for the remaining national and regional bodies the system of the
simple majority of the votes cast, except for the post of bastonarium, which is
elected by the system provided for in the Constitution for the election of the President of the
Republic, with due adaptations.
Article 63.
Possession of the elected and appointment to the non-eligible posts
1-Elected members in ordinary elections take office by December 31 of the year
previous to the beginning of your term of office.
2-A the possession of the elected members of the national and regional bodies is conferred, in
public ceremony, by the president of the table of the outgoing representative assembly.
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3-With the taking of the elected officials in ordinary elections proceeds to the appointment of the
posts not eligible on the board of the profession within 30 days, ending,
with that appointment, the mandate of the previous holders.
Article 64.
Electoral regulation
The electoral regulation shall regulate, inter alia, the following subjects:
a) Drafting and publicising of the electoral rolls and complaints and their decision
about irregular inscriptions;
b) Composition and competence of the electoral supervisory commission;
c) Subscribing to candidate lists and supply of irregularities that are in them
deteed;
d) Advertising of the programmes of the candidate lists;
e) Financing of the election campaign;
f) Time and too much rules operation of the voting polls;
g) Counting of the presential and correspondence votes;
h) Complaints and resources;
i) Proclamation of the election results.
CHAPTER V
Financial regime
Article 65.
Recipes of the Order
They constitute revenue of the Order:
a) The shares of the members;
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b) The fees and too much revenue collected by the provision of services;
c) The fines imposed;
d) The income of own goods;
e) The product of heritages, legacies, subsidies and donations.
Article 66.
Recipes of the Order consigned to the colleges of specialty and delegations
regional
In addition to the percentage, set by the general council, of the revenue of the Order coming
of the enrolment fee and quotas are also consigned to the support of expenses directly
related to the activity of the professional specialty colleges and the delegations
regional the revenue of the Order from:
a) Installment of services and other paid activities developed by the council
of professional specialty or regional direction;
b) The product of inheritances and legacies, in which it is shown to be such an burden;
c) Grants and donations raised by the college or the regional delegation.
Article 67.
Registration fee and quotas
1-The amount of the application fee and quota varies depending on whether it is a person's
singular or collective.
2-The quotas can be paid annually, either half-yearly or quarterly, and the
your amount will vary depending on the mode of your payment.
3-A The contribution of members who meet retired is reduced by 50%.
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CHAPTER VI
Deontological standards and codes of good practice
Article 68.
General principles
In the exercise of their professional activity, they must be respected by the economist the
following general principles:
a) Acting with independence, exemption and professional probity;
b) Prestigious and dignifying the profession;
c) To place their capacity in the service of the public good;
d) Engage in the establishment of a dynamic of social cooperation with the
goal of improving collective well-being;
e) Defending the values of work, solidarity, tolerance and the
nationality;
f) Defend and make advocation for professional secrecy;
g) Require its members and collaborators to respect the confidentiality;
h) Use the appropriate scientific instruments to reach conclusions
precise;
i) Acting with knowledge, commitment and dedication in the activities, services and
ventures in which it involves;
j) Know and act with respect for legal and regulatory precepts.
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Article 69.
General duties
The economist must, in his professional activity:
a) Abstain from practising acts of improbity, specifically targeting
staff or by outrain;
b) Abstain from sanctioning documents or making statements that unduly
result in own or outrain favourition;
c) Prevent the misrepresentation of the interpretation of the content, explicit or implicit, of
documents of technical support for the exercise of the profession, with the aim of deluding the
good faith of outrain;
d) To ensure the interest of the entities with which they collaborate, without prejudice to their
dignity;
e) Uphold the principles of the ethics of the profession by refusing to collaborate or participate
in any service or endeavor that judges to hurt these principles;
f) Refuse any interferences in the exercise of your activity that they put in
cause technical-scientific aspetal or ethical exercise of the professional exercise, be which
are your hierarchical functions and dependencies or the place where you exercise your
activity.
Article 70.
Specific duties
1-Economists, in their relations with the other members of the Order, shall:
a) To avoid and combat any reference detrimental to the good name of the profession;
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b) Respecting initiatives, work and solutions designed by colleagues, never
usurpating his authorship.
2-In relations with other professionals, economists should cooperate in the achievements and
initiatives of mutual interest, taking advantage of synergies resulting from the teams
multidisciplinary.
3-The economist, in his relationship with the organizations and institutions where he exercises his
activity, must:
a) To use the best of your ability, experience and professional competence;
b) Refuse to engage in any kind of activity that conflicts with interests
of these organizations or institutions.
4-The economist must collaborate, within the framework of his / her competences and in the measure of his
possibilities, with the scientific and educational institutions of the economy, specifically
in shares of continuing education and socio-professional valorisation.
5-In its relations with the society at large, the economist must:
a) To refuse intervention in initiatives and achievements that contravene law and ethics
professional;
b) Refuse to avail of documents drawn up by third parties that commit to
dignity of the profession;
c) Decline cooperation with any entities in damning, ethical and practical practices
socially, and the development in ventures of dubious goals.
Article 71.
Specific technical rules and code of good practice of specialties
The regulations of professional specialties may include technical rules, as well as
a code of good practice, applicable to all members of the college of specialty
professional respect.
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CHAPTER VII
Disciplinary regime
SECTION I
General provisions
Article 72.
Disciplinary infraction
1-Consider disciplinary infraction all the action or omission of any member of the
Order that violates the duties as set out in this Statute or on the respects
regulations and, in so far as they are qualified as such, in the remaining laws
applicable to the professional activity of economists.
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.
3-A attempt is punishable.
Article 73.
Jurisdiction and disciplinary responsibility
1-Without prejudice to the provisions of the following number, the members of the Order are subject to the
disciplinary power of the supervisory board and discipline, in the terms provided for in the
this Statute, in the disciplinary regulation and, in the case of members who are persons
collectives, as it is found to be willing in the law establishing the legal regime of the
constitution and operation of the societies of professionals who are subject to
professional public associations.
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2-The exercise of the disciplinary power on the members of the supervisory board and
discipline competes with the general council which, for the purpose, constitutes a commission
discipline ad-hoc .
3-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.
4-During the time of suspension of the inscription, the member remains subject to power
discipline of the Order.
5-A The punishment with the sanction of expulsion does not stop the disciplinary responsibility of the
member regarding the infractions by him committed prior to the definitive decision that
has applied that sanction.
Article 74.
Independence of the disciplinary responsibility of the members of the Order
1-A disciplinary responsibility is independent of civil and criminal liability
stemming 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 associated and, to get to know the existence of a disciplinary infraction, is
need to judge any matter that cannot be properly resolved in the
disciplinary proceedings, the suspension of the disciplinary procedure may be ordered by the
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.
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5-Elapsed the deadline set in accordance with paragraph 3 without the matter having been resolved, the
question is decided in the disciplinary process.
6-Whenever, in criminal proceedings against associates, it is designated day for the hearing of
trial, the court must order the referral to the Order, preferably by way
electro, the order dispatch, the dispatch of pronunciation and the contestation, if
has been presented, as well as any other elements requested by the direction
or by the bastonary.
7-The facts deemed to be proven in criminal proceedings against associate consider themselves
also proven in disciplinary proceedings.
8-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.
Article 75.
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.
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;
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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 shall interrupt with the notification to the
argued:
a) Of the establishment of the disciplinary procedure;
b) From the prosecution.
7-After each interruption, it begins to run new limitation period.
8-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.
9-A suspension, when it results from the situation provided for in the paragraph b ) of the previous number, no
may surpass the two-year term.
10-The limitation period comes back to running from the day on which the cause of the suspension is ceased.
SECTION II
From the exercise of disciplinary action
Article 76.
Exercise of disciplinary action
1-Have legitimacy to participate in the Order facts susceptible to constituting infringement
discipline:
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a) The bastonary;
b) The direction;
c) The Public Prosecutor's Office, pursuant to paragraph 3;
d) Any person directly or indirectly affected by the participating facts.
2-Courts and any authorities shall give notice to the Order of practice, by
members, 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 members and that may
to substantiate facts susceptible to constitute disciplinary infraction.
Article 77.
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 intention that the process will proceed, or the prestige of the Order or the profession,
in any of their professional specialties.
Article 78.
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 set up disciplinary infraction of a member, communicates, immediately, the
facts to the competent body for the establishment of disciplinary proceedings.
2-When it concludes that participation is unfounded, hers gives knowledge to the member
targeted and are issued the certificates that the same understand necessary for the tutelage of the
your legitimate rights and interests.
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Article 79.
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 80.
Subsidiary law
Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by
disciplinary regulation, being in a subsidiary to be applicable to the procedures
provided for in the General Labor Law in Public Functions, passed by Law No. 35/2014, of
June 20.
SECTION III
From disciplinary sanctions
Article 81.
Application of disciplinary sanctions
1-The disciplinary sanctions are as follows:
a) Warning;
b) Fine in the value corresponding to an annual quota up to 10 annual quotas:
c) Suspension of enrollment in the Order between six months and 10 years;
d) Expulsion of the Order.
2-A The warning sanction is applied to light infractions in the exercise of the profession of
members.
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3-A penalty of fine is applicable to serious infractions.
4-Without prejudice to the provisions of paragraphs 3 a to 5 of Article 18 of Law No 2/2013 of 10 of
January, the suspension sanction is applicable in the cases of infringement recidivism
discipline punished with the penalty of warning or fine, when the disciplinary infraction
is seriously lesive of the honour or of the alheian heritage or of equivalent values,
as well as in the face of the culpable default of the duty to pay quotas per period
higher than 12 months.
5-A The expulsion sanction is applicable to very serious infractions that affect in such a way the
dignity and the professional prestige that definitely make the participation of the
member in associative life, as well as in cases where the reoffending occurs in
disciplinary infractions to which to match the penalty of suspension for disciplinary infraction
seriously lesive of the honour or of the alheian heritage or of equivalent values.
6-A application of suspension penalty of more than two years and expulsion to member who
exercise some office in the organs of the Order determines your immediate ousting of that
job title.
7-A attempt is punishable by the sanction applicable to the consummate infraction, especially
attenuated.
8-Where the infraction results from the violation of a duty by omission, the compliance of the
applied sanctions do not waive the defendants ' compliance with that, if this is still
possible.
9-A infraction practice is considered recidivist when repeat the illicit behavior
before the five-year period has elapsed after the day on which it becomes final to
conviction for committing the previous infraction.
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Article 82.
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 the economist profession for a period of more than five
years, followed or interpolated, without any disciplinary penalty;
b) The confession of the infraction or the 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 infringement and the preparation of it;
b) The collusion;
c) The recidivism;
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.
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Article 83.
Application of ancillary sanctions
1-Cumulatively with the application of the disciplinary sanctions, it can be applied, by title
of sanction ancillary to ineligibility for organs of the Order by one for maximum period
of 15 years.
2-In the application of the ancillary sanction shall be met with the criteria set out in paragraph 1 of the
previous article.
Article 84.
Unity and accumulation of infractions
Without prejudice to the application of the ancillary sanction referred to in the previous article, it cannot
apply to the same member more than a disciplinary sanction for each punishable fact.
Article 85.
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 expulsion
may be suspended for a period of between one and five years.
2-Cessa the suspension of the sanction whenever, in respect of the punished member, be
prowound final decision of charge in new disciplinary process.
Article 86.
Application of suspension and expulsion sanctions
1-A The application of the suspension sanctions over two years or expulsion may only have
place in the sequence of public hearing, under the disciplinary regulation.
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2-Sussuspension penalties for a period of more than two years or expulsion may only be
applied for deliberation that assemble the qualified majority of two-thirds of the members
of the disciplinarily competent body.
Article 87.
Implementation of sanctions
1-Compete in the direction of giving execution to the decisions rendered at the headquarters of disciplinary proceedings,
specifically practicing the acts necessary to the effective suspension or cancellation
of the enrolment of the members to whom the suspension and suspension sanctions are applied
expulsion respectively.
2-A The application of suspension or expulsion sanction implies the delivery of the ballot
professional at the headquarters of the Order or the regional delegation where the accused has his /
professional domicile, in the applicable cases.
Article 88.
Start of production of effects of disciplinary sanctions
1-The disciplinary sanctions produce effects from the day after the one in which the
decision becomes final.
2-If the date on which the decision becomes final is suspended the inscription of the accused, the
compliance with the disciplinary penalty of suspension commencement on the day after the
lifting of the suspension.
Article 89.
Deadline for payment of the fine
1-The fines imposed under the terms of the paragraph b ) of Article 81 (1) shall be paid in the
period of 30 days from the start of production of effects of the sanction sanction.
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2-To the Member who does not pay the fine within the time limit referred to in the preceding paragraph shall be suspended to
its enrollment, upon decision of the disciplined body, which is
communicated.
3-A suspension can only be lifted after payment of the importance in debt.
Article 90.
Communication and advertising
1-A The application of disciplinary sanctions is communicated by the direction:
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; and
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-If it is decided to hold preventive or applied suspension of suspension or expulsion,
direction must enter the corresponding annotation in the professional register.
3-When the sanction applied for suspension or expulsion, in addition to its disclosure
in the professional register, it is still given publicity through the official website of the Order and
in places deemed to be of idogens for the fulfilment of general prevention purposes
of the legal system.
4-A publicity of disciplinary sanctions, preventive suspension and sanctions
ancillary is promoted by the disciplistically competent body, being effected
expensed from 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 preventative suspension whenever this one does not come to
be sentenced in the context of the respective disciplinary procedure.
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Article 91.
Prescription of disciplinary sanctions
Disciplinary sanctions prescribe on the following deadlines:
a) The warning ones, in two years;
b) The one of fine, in four years;
c) Those for suspension and expulsion, in five years.
Article 92.
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 Article 81 (1) and the ancillary sanctions that
have been applied.
2-The enrolment is managed by the direction on the basis of the elements communicated by the organ with
disciplinary competence.
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 warning and fine penalties are eliminated from the enrollment after the course of the deadline
of five years from its fulfillment.
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SECTION IV
From the process
Article 93.
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 the disciplinary regulation.
Article 94.
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 concretization of the facts in question.
3-Applies to the disciplinary process whenever the particular Member of the Order can
are imputed facts duly realized, susceptible to constituting infringement
discipline.
4-After ascertaining the identity of the offender, or, as soon as they show minimally
concretized or clarified the participating facts, being they susceptible to constitute
disciplinary infraction, is proposed the immediate conversion of the inquiry process into
disciplinary proceedings, upon appearing succinctly reasoned.
5-When participation is manifestly unviable or unfounded, it should the same be
liminally filed, giving fulfillment to the provisions of Article 78 (2).
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6-If 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 the competent disciplinary organ may determine the suspension
provisional of the case by the imposition of the defendants ' rules of conduct or the
payment of a certain amount, by way of surety, whenever they check out 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 value corresponding to an annual quota and
five annual quotas or, in the case of collective or equated persons, between the value
corresponding to an annual quota and 10 annual quotas, within 10 working days;
b) Implementation of a plan to restructure its activity, in the terms and
term that are set.
8-The default of the determined measures, referred to in the preceding paragraph, implies
the continuation of the disciplinary proceedings provisionally suspended pursuant to paragraphs 6
and 7.
9-If the accused complies with the determined measures, the case is filed and shall be
returned the paid amounts.
Article 95.
Disciplinary procedure
1-The disciplinary procedure shall be governed by this Statute and the disciplinary regulation.
2-The disciplinary process is composed of the following phases:
a) Instruction;
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b) Defence of the accused;
c) Decision;
d) Execution.
3-At all stages of the disciplinary procedure, the defendants are assured of all the guarantees
of defence in the general terms of law.
Article 96.
Preventive suspension
1-After the hearing of the accused, or if this one, notified, does not appear to be heard,
may be ordered to hold your preventive suspension, upon deliberation taken by
qualified majority of two-thirds of the members in effectivity of functions of the organ
competent disciplinary.
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 it corresponds to one of the sanctions
provided for in points c ) and d ) of Article 81 (1).
3-A preventive suspension may not exceed three months and is always discounted in the sanction
of suspension.
Article 97.
Secret nature of the process
1-The process is of a secret nature until the dispatch of prosecution or archiving.
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.
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3-The accused or the person concerned, when member, who does not respect the secret nature of the
process incurs disciplinary responsibility.
SECTION V
Of the guarantees
Article 98.
Recurrable decisions
1-Of decisions taken in disciplinary matters rests with the plenary of the council
general.
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 shall be governed by the applicable provisions of the Regulation
discipline.
Article 99.
Review
1-It is admissible the review of decision delivered by the body with disciplinary competence
whenever:
a) A court ruling carried forward on trial to declare false any elements or
means of evidence that has 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;
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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 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
discipline.
Article 100.
Rehabilitation
1-In the case of application for sanction of expulsion the member can be rehabilitated, upon
duly substantiated application to the body of the Order which applied it in
first instance, and as long as they cumulatively fill the following requirements:
a) Have elapsed more than 15 years on the transit on trial of the decision which
applied the penalty;
b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use
any legally permissible means of proof.
2-Should the rehabilitation be dewound, the rehabilitated member fully recovers his
rights and is given the publicity due, pursuant to Article 92 (2 a) to (92), with the
necessary adaptations.
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CHAPTER VIII
Jurisdiction
Article 101.
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 applied by the Order rests with the courts
competent administrative.
3-A Order shall be subject to the jurisdiction of the Court of Auditors, on the terms set out in the
Law of Organization and Process and in the General Rules of the same Court.
CHAPTER IX
Final provisions
Article 102.
One-stop shop
1-All applications, communications and notifications provided for in this Statute between the
Order and practitioners, companies of economists or other associative organizations
of professionals, with the exception of those relating to disciplinary procedures, are carried out
by electronic means, through the single electronic counter of the services, referred to in the
articles 5 and 6 of the Decree-Law No. 92/2010 of July 26, accessible through the site in
Internet of the professional public association concerned.
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 in the services of the professional public association in
cause, by shipment by mail under registration, 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 103.
Information on the Internet
In addition to the information referred to in Article 23 of Law No 2/2013 of January 10, in the
n Article 6 (3) of the Decree-Law No 92/2010 of July 26 and in Article 19 (4) of the Article
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
electro trade, in the domestic market, the Order should make available to the general public,
through its electronic site on the Internet, the following information:
a) Regime of enrolment in the Order;
b) Principles and deontological rules and technical standards applicable to your
members;
c) Procedure for filing a complaint or complaints by the recipients
concerning the services provided by professionals in the context of their
activity;
d) Offers of employment in the Order.
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Article 104.
Administrative cooperation
The Order provides and requests the administrative authorities of the other Member States or
of the European Economic Area and the European Commission mutual assistance and take the
measures necessary to cooperate effectively, notably through the System of
Information of the Internal Market, in the context of the procedures for providers of providers
services already established in another Member State, in the terms of Chapter VI of the
Decree-Law No. 92/2010 of July 26, of Article 51 (2) of Law No 9/2009 of 4 of
The March, amended by the Laws 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.
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ANNEX II
(referred to in Article 6)
Republication of the Decree-Law No. 174/98 of June 27
