Key Benefits:
CHAIR OF THE COUNCIL OF MINISTERS
1
Proposal for Law No 333 /XII
Exhibition of Motives
Giving fulfillment to the willing in your Programme, where you have committed not only to
dempartite the apparatus of the state and promote merit in access to the posts,
establishing, for the purpose of, an independent system of recruitment and selection, but
also to depoliticize the recruitment processes of the top leadership posts
important from the Public Administration, attending to the best international practices in the
Matter, the XIX Constitutional Government submitted, in 2011, to the Assembly of the Republic to
proposed law that would come to the originate of Law No. 64/2011 of December 22, which proceeded to
fourth amendment to Law No. 2/2004 of January 15, which approved the status of staff
manager of the services and bodies of the central, regional and local administration of the state.
With the aim of making it more transparent and impartial the provement of top posts
of the Public Administration, Law No. 64/2011 of December 22, introduced a set
from innovations to the paradigm of recruitment and selection then behold, from among which to
have highlighted the institution of concursal procedures for the purposes of the
top direction posts and the creation of the Recruitment and Selection Commission for the
Public Administration (CReSAP), independent entity that works with the member
of the Government responsible for the area of Public Administration.
Decorations more than three years on the entry into force of Law No. 64/2011, 22
december, the introduction of some adjustments to Law No. 2/2004 of 15, is justified.
January, so as to modify the model of recruitment, selection and the provement of the posts
of higher direction, and the Statutes of CReSAP, so as to change the organization and the
operation of this entity.
CHAIR OF THE COUNCIL OF MINISTERS
2
In the case of the first set of modifications set out in this proposed law,
highlight those relating to the amendment of the recruitment rules laid down in Law No. 2/2004,
of January 15, since soon, the decrease from 12 to 10 years of the requirement of detention of
degree, when you handle top management positions of 1. degree.
Another innovative aspea relates to the introduction of a greater balance and
balance between the intervention of the competent Government member and the CReSAP in the
recruitment and selection process. Thus, the first, which holds today the exclusive of the
definition of the candidate's profile, will pass on to identify the competences of the post to be prover, the
characterize the managerial mandate and the main responsibility and functions that are
associated, as well as the mission's charter of mission. In turn, the second will be elaborating
a proposition profiling of the candidate to be selected, specifically with the
explanation of the academic qualifications and professional experience required, as well with the
managerial skills and recommended leadership for the exercise of the office, which is
referred to the member of the Government, for type-approval. Within 20 days, the latter or
homologs the profiling of competencies presented by CReSAP or changes the profile
of competencies by it proposed, and in this case, shall expressly substantiate that
change. In the case of not checking any of these situations, the profiling of
competencies presented by CReSAP consider themselves tacitly homologated findo that
deadline.
Within the framework of the rules on selection and proofing, also to be some
alterations with meaning, since soon, the possibility of the holders of the directing positions
immediately lower than the one for which the concursal procedure was opened, which if
find in duties in the respect of the service or organ, be automatically entered in the
list of candidates, as long as they comply with the legal requirements and do not request their exclusion
of the same list, in this way if seeking to encourage the creation and consolidation of
skills and qualifications within the Administration itself.
CHAIR OF THE COUNCIL OF MINISTERS
3
Relevant innovation lies also in the circumstance of passing on to be subject to evaluation,
non-binding, curriculum and suitability of competences to the office, carried out by the
CReSAP, in line with the model currently applied to public managers, the individuals
that gather the profile defined by the notice of openness and that are directly chosen
by the member of the relevant Government in the cases of concursal procedure in which no
there are three candidates who will allow CReSAP to submit that to the proposed designation,
or in cases where the contest is deserted, and after this Commission has proceeded to
repetition of the opening notice regarding the same concursal procedure and whether to have
verified the same result.
Another important novelty relates to the fact that it is predicted that in the 20 days following the
presentation by CReSAP, to the member of the relevant Government for the
designation proposal, if the desistance of candidates in it constant, may
the one soliciting the jury to nominating other candidates who have appropriate for
bridging that desistance.
Finally, on the subject matter, a maximum period of 45 days is fixed, counted from the
date of receipt of the CReSAP assignment proposals, so that the member of the
Competent government shall proceed to the provement of the top direction. However,
it is also introduced a rule similar to that provided for in the Statute of the Public Gestor,
approved by Decree-Law No. 71/2007 of March 17 in the sense that it cannot
occur the designation of higher direction positions between the convening of elections for the
Assembly of the Republic or the resignation of the Government and the parliamentary investiture of the new
Government.
CHAIR OF THE COUNCIL OF MINISTERS
4
Take the opportunity to introduce a change to the replacement scheme,
establishing that, in cases where a procedure is under way to the
designation of the new holder, the replacement basket imperatively if, within 45 days
after the delivery by the jury of the assignment proposal, the member of the Government who has the
power of direction or oversight and guardian over the service or organ to which it respects the
concursal procedure has not proceeded to the designation. However, it is established that this
deadline shall be suspended on the date of the convening of the elections to the Assembly of the Republic or of the
resignation of the Government and taken up on the date of the parliamentary investiture of the new Government.
The second set of amendments made by this proposed law is to be reclaimed to
punctual adjustments of the CReSAP Statutes, with the aim of making more agile and
operational the operation of this entity, from among which the following are highlighted:
The Extension of CReSAP's intervention to the recruitment and selection of candidates to the
equal positions, be that title for, or the top positions of the
central government of the State covered by the provisions of Articles 1 and 2 of the Law
n ° 2/2004 of January 15, with the exception of the leading posts referred to in paragraph 5 of the
article 1 of that law, either to the posts of public manager;
Increment Increment of one for two of the number of alternates of the non-permanent vowels;
Increase Increase from one year to three years of the period of duties of the experts who integrate the
expert scholarship and compulsory 10% of this scholarship be integrated by technicians
indicated by the Directorate General of the Qualification of Workers in Public Roles
(INA), from among personalities who in it develop training functions;
The Densification of the duty of secrecy, predicting that this comport, specifically, the
obligation to not public disclosure of the facts, circumstances and criteria of the jury, well
as from the identity of the candidates up to the final designation decision;
The Consecration of the possibility, already today provided for in the Decree-Law No. 48/2012, of 29 of
February, of the INA to provide technical and operational support to CReSAP;
CHAIR OF THE COUNCIL OF MINISTERS
5
The Obligation of the CReSAP to draw up and remit, annually, to the Assembly of the Republic, a
report on your activity, of which it appears, specifically, information not
personalized on the concursal procedures and issuing opinions;
Publication of Publication of the conclusive part of the evaluation of the curricula and suitability of the
competencies of the personalities designated in the sequence of contests that have
stayed deserted or from the indigested to exercise positions of public manager or posts a
these equated to any title, only in the cases of their effective designation;
Express Fixing express of the powers of the President.
Attentive matter, at the headquarters of the parliamentary legislative procedure shall be heard from
Recruitment and Selection for Public Administration.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Object
This Law proceeds to the sixth amendment to the Act No 2/2004 of January 15 approving the
status of the official staff of the departments and bodies of the central, regional and
location of the State, and the second amendment to the Act No. 64/2011 of December 22, which modifies
the procedures for recruitment, selection and provement in the top management positions of the
Public Administration.
Article 2.
Amendment to Law No. 2/2004 of January 15
Articles 18, 19 and 27 of Law No. 2/2004 of January 15, go on to have the following
essay:
CHAIR OF THE COUNCIL OF MINISTERS
6
" Article 18.
[...]
1-The holders of the top management positions are recruited, by
concursal procedure, in the terms of the following articles, from among
individuals with graduation completed at the opening date of the contest there are,
at least, 10 or eight years, depending on whether it deals with directing positions
higher than 1 or 2. degree, linked or not to the Public Administration,
who possess technical competence, aptitude, professional experience and
training appropriate to the exercise of the duties.
2-The concursal procedure is conducted by the Commission of Recruitment and
Selection for the Public Administration, hereinafter referred to as the Commission,
independent entity that works with the member of the Government
responsible for the area of Public Administration, in the terms of the respects
Statutes.
3-A The initiative of the concursal procedure referred to in paragraph 1 rests with the member
of the Government with power of direction or oversight and guardian over the
service or body in which it integrates the post to be filled by, in this way
scope, to identify the competencies of the direction of direction to provide,
characterizing the managerial mandate and the main responsibilities and
functions that are associated with it, as well as the mission's charter of mission.
4-A Commission, in possession of the information referred to in the preceding paragraph, shall elabor
a proposition profiling of the candidate to select,
in particular with the explanation of academic qualifications and
professional experience required, as well as managerial and technical skills
recommended leadership for the exercise of the post, and refer it to the member
of the Government with power of direction or oversight and guardian over the
service or organ in which it integrates the post to be completed, for type-approval.
CHAIR OF THE COUNCIL OF MINISTERS
7
5-Within 20 days, from the date of the submission of the said proposal
in the previous number, the member of the Government with power of direction or
superintendence and guardian on the service or organ in which it integrates the
job to fill:
a) Homologation of the profiling of competences presented by the
Commission; or
b) Alters, by express statement of reasons, the profile of competences
proposed by the Commission.
6-Not by checking any of the two situations foreseen in the number
previous, the profiling of competences presented by the Commission
considers itself tacitly homologated.
7-Without prejudice to the powers provided for in this Article, the Commission shall
still responsible for the definition of the methodologies and technical criteria
applicable in the process of selection of candidates admitted to the contest,
in particular at the level of the assessment of leadership skills,
collaboration, motivation, strategic orientation, guidance for results,
guidance for the citizen and public service, management of change and innovation,
social sensitivity, professional experience, academic training, training
professional and aptitude.
CHAIR OF THE COUNCIL OF MINISTERS
8
Article 19.
[...]
1-The concursal procedure is compulsorily advertised in the bag of
public employment (BEP) and at least on the electronical platform of the
Government and on two other electro platforms, for 10 days, with the
indication of the formal requirements of the profiling, the required profile and the
selection methods to be applied in the concursal procedures, where
always place for the realization of curriculum evaluation and evaluation interview,
may the Commission still opt for the application of other methods of
selection foreseen for the establishment of public employment linkages in the
General Labour Law in Public Functions, adopted by Law No. 35/2014,
of June 20, as amended by Law No. 82-B/2014 of December 31.
2-[...].
3-[...].
4-The holders of the direction positions immediately lower than that for which
has been opened the concursal procedure, which are found in functions in the
respect for service or organ, on the date of the advertiser referred to in paragraph 2, are
automatically included in the list of candidates, as long as they comply with the
requirements set out in the previous article.
5-The holders of the posts referred to in the preceding paragraph may, until the
conduct of the interview, ask the jury for their exclusion from the list of candidates.
6-[ Previous Article No 4 ].
7-[ Previous Article No 5 ].
8-[ Previous Article No 6 ].
CHAIR OF THE COUNCIL OF MINISTERS
9
9-In the situation of concursal procedure in which there is no number
sufficient applicants for the effects of the preceding paragraph, or in which the
even be deserted, should the Commission proceed to the repetition of notice of
opening regarding the same concursal procedure, in the terms of the n.
1 and following and, verifying the same result, may the member of the
Government competent for the provement to carry out recruitment by
choice, from among individuals who gather the profile defined by the warning of
openness, which are subject to evaluation, non-binding, of curriculum and
of suitability of competences to the office, carried out by the Commission.
10-In cases where, in the 20 days following the presentation, to the member of the
Government competent for the provement, of the proposal for designation, if
check the desistance of candidates in it constants, can that request
to the jury the nomination of other candidates who have appropriate for
bridging that desistance.
11-In cases where it is not possible for the jury to guarantee the intended replacement in the
previous paragraph, the provisions of paragraph 9 shall apply.
12-The top management positions are provided by dispatching the member of the
Competent government, within a maximum of 45 days, from the date of the
receipt of the designation proposals referred to in paragraph 8 or paragraph 10,
on commission of service commission, for a period of five years,
renewable, with no need for recourse to concursal procedure, by
equal period.
13-Cannot occur the assignment of higher direction positions between the
convocation of elections to the Assembly of the Republic or the resignation of the
Government and the parliamentary investiture of the new Government.
14-[ Previous Article No 9 ].
15-[ Previous Article No 10 ].
CHAIR OF THE COUNCIL OF MINISTERS
10
16-[ Previous Article No 11 ].
17-[ Previous Article No 12 ].
18-[ Previous Article No 13 ].
19-[ Previous Article No 14 ].
20-[ Previous Article No 15 ].
21-[ Previous Article No 16 ].
Article 27.
[...]
1-[...].
2-[...].
3-[...].
4-In any case, checking the forecast situation in the final part of the
previous number, the replacement skeptical imperatively if, within 45
days after delivery by the jury of the proposed designation referred to in paragraph 8
of Art. 19, the member of the Government who has the power of direction or of
superintendence and guardian on the service or organ to which respect the
concursal procedure has not proceeded to the designation.
5-The period of reference in the preceding paragraph is interrupted on the date of
convocation of the elections to the Assembly of the Republic or resignation
of the Government, retaking itself with the parliamentary investiture of the new
Government.
6-[ Previous Article No 4 ].
7-[ Previous Article No 5 ].
8-[ Previous Article No 6 ]. "
CHAIR OF THE COUNCIL OF MINISTERS
11
Article 3.
Amendment to the Statutes of the Commission on Recruitment and Selection for the
Public Administration
Articles 1, 5, 6, 13, 15, 15 and 17 of the Statutes of the Commission on Recruitment and
Selection for the Public Administration, published in Annex A to Law No. 64/2011, 22 of
december, go on to have the following essay:
" Article 1.
[...]
1-[...].
2-A The Commission has the task of the recruitment and selection of candidates for
top management positions of the central government of the state covered
by the provisions of Articles 1 and 2 of Law No 2/2004 of January 15, or
for positions to these equants to any title, in respect of the exclusions
provided for in Article 1 (5) of that law.
3-A The Commission is still on the mission of the assessment, in the terms provided for in the
Status of the Public Gestor, approved by the Decree-Law No. 71/2007, of 27
of March, of the curricula and the suitability of the competences of the
nominated personalities to exercise positions of public manager or posts to
these equated to any title.
Article 5.
[...]
1-[...]:
a) [...];
b) [...];
CHAIR OF THE COUNCIL OF MINISTERS
12
c) A non-permanent vowel by each ministry, and alternating respects,
in number of two, and in exercise of functions in organ or service
not coincident with that of the vowel, but integrated into the organic of the
same ministry.
2-[...].
3-[...].
4-[...].
5-[...].
6-For the purposes of the provisions of the preceding paragraph, 10% of the scholarship is
compulsorily integrated by technicians indicated by the Directorate General of the
Qualification of Workers in Public Functions (INA), from among
personalities who in it develop training functions.
Article 6.
[...]
1-[...].
2-The non-permanent vowels and alternating respects, as well as the experts
that integrate the scholarship of experts, are designated by dispatch of the member
of the Government responsible for the area of Public Administration and of that which
hold the power of direction or oversight and guardian about the service
or organ to which they are bound, for a period of three years, shall not
may the same holder be assigned to the same function before
elapsed equal period.
3-[ Revoked ].
4-[...].
5-[...].
CHAIR OF THE COUNCIL OF MINISTERS
13
Article 11.
[...]
[...]:
a) [...];
b) [...];
c) Establish the selection methods to be applied in the procedures
concursal, where there is always place to carry out curriculum evaluation
and evaluation interview, and the Commission may still opt for the
application of other selection methods predicted for the
establishment of public employment linkages in the General Law of the
Work in Public Functions, passed by Law No. 35/2014, of 20
of June, amended by Law No 82-B/2014 of December 31;
d) [...];
e) Promote research and competency confirmation activities
relatively to personalities who present appropriate profile for
the functions of higher direction positions in the Public Administration;
f) [...];
g) [...];
h) [...];
i) [...].
Article 13.
[...]
1-[...].
CHAIR OF THE COUNCIL OF MINISTERS
14
2-A Directorate General of the Administration and Public Employment and the INA provide
technical and operational support to the Commission, whenever requested and in the terms
to be defined in regulation.
Article 15.
[...]
1-[ Previous body of the article ].
2-The duty of secrecy acts, specifically, the obligation of non-disclosure
public of the facts, circumstances and criteria of the jury, as well as of the
identity of the candidates up to the final designation decision.
Article 17.
Information and advertising
1-A The Commission prepares and refers annually to the Assembly of the Republic, a
report on its activity, of which it appears, specifically, information
not personalized on the concursal and issuance procedures of
opinions.
2-[ Previous Article No 1 ].
3-[ Previous Article No 2 ].
4-A evaluation of the curricula and the suitability of the competences of the
personalities designated in the wake of contests that have been staying
deserts or from the indigitated to exercise public manager positions or posts to
these equated to any title, effected by the Commission, only is
advertised, in its conclusive part, in the cases of effective designation. "
CHAIR OF THE COUNCIL OF MINISTERS
15
Article 4.
Addition to the Statutes of the Commission on Recruitment and Selection for the
Public Administration
It is added to the Statutes of the Commission on Recruitment and Selection for the Administration
Public, published in Annex A to Law No. 64/2011 of December 22, Article 11-A,
with the following essay:
" Article 11.
Competences of the President
It shall compete with the President of the Commission
a) Drive the activity of the Commission;
b) Convene and chair the meetings of the plenary of the Commission, constituted
by the president, the permanent vowels and the vowels not
effective permanent;
c) Chairing the standing technical committee, consisting of the President and
by the permanent vowels;
d) Represent the Commission, internally and externally;
e) Exercise the management responsibilities of the Commission, inter alia
in the financial and administrative areas;
f) Exercising skills that are not expressly committed to
other organs of the Commission. "
CHAIR OF THE COUNCIL OF MINISTERS
16
Article 5.
Abrogation standard
Article 6 (3) of the Statutes of the Commission on Recruitment and Selection is repealed
for the Public Administration, published in Annex A to Law No. 64/2011, 22 of
december.
Article 6.
Republication
They are republished, in annex to this Law, of which they form an integral part, the Statutes of
Commission for Recruitment and Selection for the Public Administration, published in Annex A
to Law No. 64/2011 of December 22, with the current essay.
Article 7.
Entry into force
This Law shall come into force on the first day of the month following that of its publication.
Seen and approved in Council of Ministers of May 14, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
CHAIR OF THE COUNCIL OF MINISTERS
17
ANNEX
(referred to in Article 6)
Republication of the Statutes of the Commission on Recruitment and Selection for the Administration
Public
CHAPTER I
General provisions
Article 1.
Nature and mission
1-A Committee on Recruitment and Selection for Public Administration, hereinafter referred to
by Commission, is an independent entity that works with the member of the
Government responsible for the area of Public Administration.
2-A The Commission has the task of the recruitment and selection of candidates for positions of
top direction of the central government of the State covered by the
articles 1 and 2 of Law No. 2/2004 of January 15, or for positions to be held to these
any title, in respect of the exclusions provided for in Article 1 (5) of that law.
3-A The Commission has yet to mission the assessment, under the terms set out in the Statute of the
Public manager, approved by the Decree-Law No. 71/2007 of March 27, of the curricula
and the appropriateness of the skills of the nominated personalities to hold posts of
public manager or posts to these equated to any title.
CHAIR OF THE COUNCIL OF MINISTERS
18
Article 2.
Independence
The members of the Commission and the scholarship of experts act independently in the financial year
of the skills that are committed to them by law and by this Statute, not
may request or receive instructions from the Government or any other entities
public or private.
Article 3.
Regime
The Commission shall be governed by the provisions of this Statute and, as applicable, by the
Law No. 2/2004 of January 15.
Article 4.
Headquarters
The Commission is based in Lisbon, and may operate on ministry premises
responsible for the area of Public Administration.
CHAPTER II
Composition and status of members
Article 5.
Composition
1-A The Commission shall be composed of:
a) A President;
b) Three to five permanent vowels;
CHAIR OF THE COUNCIL OF MINISTERS
19
c) A non-permanent vowel by each ministry, and supplent respects, in number
of two, and in exercise of functions in organ or service not coincident with that of the
vogal, but integrated into the organic of the same ministry.
2-The president is designated from among personalities of recognized professional merit,
credibility and personal integrity.
3-Permanent vowels are assigned from among personalities of recognized merit
professional, credibility and personal integrity, the activity of which has been exercised
preferentially in the area of human resources or the Public Administration.
4-The non-permanent vowels and supplent respects are designated from among workers
in public functions with recognized professional merit, credibility and integrity
personnel, whose activity has been exercised preferentially in the area of resources
humans.
5-Board of the Commission works on an expert scholarship, composed of 20 a to 50 members,
designated from among workers in public functions with recognized merit
professional, credibility and personal integrity, who support the Commission in matters
specific techniques and participate in the juries of the concursal procedures for positions of
higher direction in the Public Administration.
6-For the purposes of the provisions of the preceding paragraph, 10% of the scholarship is
compulsorily integrated by technicians indicated by the Directorate General of Qualification
of the Workers in Public Roles (INA), from among personalities who in it
develop training functions.
CHAIR OF THE COUNCIL OF MINISTERS
20
Article 6.
Provement
1-The Chairman of the Commission and the permanent vowels are provided, after hearing by the
Assembly of the Republic, by resolution of the Council of Ministers, on a proposal from the
member of the Government responsible for the area of Public Administration, in regime of
commission of service for a period of five and four years, respectively, not
and may the same holders be provided in the same post before equal
period.
2-The non-permanent vowels and alternating respects, as well as the experts who
they integrate the scholarship of experts, are designated by dispatch of the member of the Government
responsible for the area of Public Administration and the one who hold the power of
direction or oversight and tutelage on the service or organ to which they are located
bound, for a period of three years, may not the same holder be designated
for the same function before elapsed equal period.
3-[ Revoked ].
4-The provement of the President of the Commission shall ensure the alternation of gender and the
proofing of permanent vowels shall ensure the minimum representation of 33% of
each genus.
5-The members of the Commission and the scholarship of experts cease functions with the possession of the new
members assigned to occupy the respective seats.
Article 7.
Incompatibilities and impediments
1-Members of the Commission shall be subject to the regime of incompatibilities and
impediments established for holders of high public offices.
CHAIR OF THE COUNCIL OF MINISTERS
21
2-They can only be members of the Commission the citizens who find themselves in the full enjoyment of the
their civil and political rights.
3-The President and the permanent vowels of the Commission shall carry out their duties in a regime
of exclusivity.
4-The non-permanent vowels of the Commission and the members of the scholarship of experts carry out the
its functions in exclusivity regime only when it integrees the jury of
concursal procedure for higher direction for which they are co-opted, and
up to its closure.
5-The members of the Commission and the scholarship of experts may not be holders of organs of
sovereignty, autonomous regions or local power.
6-Members of the Commission and the scholarship of experts shall not be able to perform any duties
or hold social shareholdings in companies or any other external entities to the
Public Administration to provide support to the Commission in the context of the exercise of its
competencies.
Article 8.
Cessation of functions
1-The duties of the members of the Commission and of the expert scholarship in the course of the
respect term, and still by:
a) Death or permanent physical impossibility or with a duration that is provided for
surpass the date of the term of the service commission or of the period for which
have been assigned;
b) Renunciation of duties, by means of written statement submitted to the Commission;
c) Incapacity or supervenient incompatibility.
2-In the case of vacancy for one of the reasons set out in the preceding paragraph, the vacancy shall be
completed within 15 days of its verification.
CHAIR OF THE COUNCIL OF MINISTERS
22
Article 9.
Duties
They constitute duties of the members of the Commission and the scholarship of experts:
a) Exercise the duties with exemption, rigour and independence;
b) Participate active and assiduously in the works of the entity they integrate.
Article 10.
Statute
1-The remunerative regime of the President of the Commission and permanent vowels is fixed
by porterie of the members of the Government responsible for the areas of finance and the
Public Administration, and may those opt for the remuneration of origin.
2-The non-permanent vowels and the experts maintain the remuneration of origin.
3-The members of the Commission and the scholarship of experts benefit from the general scheme of
social security, if they do not opt for another that covers them.
4-The President and permanent vowels of the Commission shall not be prejudiced in the
stability of your employment, your career and the social security regime of which
benefit because of the exercise of their duties.
5-The President and permanent vowels of the Commission automatically resume the
functions that they exercise at the date of the designation or commencement of exercise of duties in the
Commission, or those for which they were transferred or assigned during that exercise
of functions, specifically by virtue of promotion.
6-During the exercise of its functions the President and the permanent vowels of the Commission
they do not lose seniority in their jobs nor can they be harmed in the
promotions to which they have meanwhile acquired right.
CHAIR OF THE COUNCIL OF MINISTERS
23
7-In the case of the President and the permanent vowels of the Commission to meet, at the date of
designation, vested in temporary public function, by virtue of law, act or contract,
the exercise of duties for the Commission suspending the term of the term.
8-When the President and permanent vowels of the Commission are employees of
public or private companies carry out their duties in a budding regime of
public interest.
9-The members of the Commission and the scholarship of experts who are carrying out faculty or
scientific research in higher education may continue in the exercise of these functions,
without prejudice to, when the same is exercised in educational establishment
public, to be able to apply for the suspension of the deadlines for the respective contracts or the
deadlines for the submission of reports or provision of evidence to which they are adstrated.
CHAPTER III
Competencies
Article 11.
Competencies
Within the framework of its tasks, it shall compete with the Commission, inter alia:
a) Establish, by regulation, the rules applicable to the evaluation of profiles,
skills, experience, knowledge, academic training and training
professional applicable in the selection of candidates for higher direction positions in the
Public Administration;
b) Proceed, upon the initiative of the government departments involved, to the
openness and development of the recruitment procedures for posts of
superior direction in the Public Administration, according to the profiles
generically defined in that initiative;
CHAIR OF THE COUNCIL OF MINISTERS
24
c) Establish the methods of selection to be applied in the concursal procedures,
there is always a place for the achievement of curriculum evaluation and evaluation interview,
may the Commission still opt for the application of other selection methods
provided for the establishment of public employment linkages in the General Law of the
Work in Public Functions, approved by Law No. 35/2014 of June 20,
amended by Law No 82-B/2014 of December 31;
d) Support the elaboration and development of global and sectoral policy with
incidence in the upper direction frameworks of the Public Administration and participate
in its execution;
e) Promote research and confirmation activities of competencies relatively to
personalities who present appropriate profile for the roles of positions of
higher direction in the Public Administration;
f) Promoting good management and ethical practices for holders of direction positions
top in the Public Administration;
g) Promoting the approval and adoption of guiding principles for codes of
conduct intended for holders of higher direction positions in the Administration
Public;
h) Cooperate with organizations of international, community and other bodies
foreign counterparts in recruitment and selection subjects in the Administration
Public and of good practices and codes of conduct of the top management positions;
i) Cooperate with public and private entities of national, regional and local levels in
recruitment and selection subjects in Public Administration and good practice and
codes of conduct of the top management positions.
Article 11-The
Competences of the President
It shall compete with the President of the Commission
CHAIR OF THE COUNCIL OF MINISTERS
25
a) Drive the activity of the Commission;
b) Convening and chairing the meetings of the plenary of the Commission, constituted by the
president, permanent vowels and non-permanent vowels not effective;
c) Chairing the standing technical committee, consisting of the president and the vowels
permanent;
d) Represent the Commission, internally and externally;
e) Exercise the managerial responsibilities of the Commission, particularly in the areas
financial and administrative;
f) Exercising skills that are not expressly committed to other organs
of the Commission. "
Article 12.
Regulations
1-Compete to the Commission to approve the regulations necessary for the good implementation of the provisions
in this Statute and in Law No 2/2004 of January 15.
2-Commission regulations are published in the 2 th series of the Journal of the Republic .
CHAPTER IV
Organization and operation
Article 13.
Health
1-Administrative support for the operation of the Commission shall be ensured by the
the general secretariat of the ministry responsible for the area of Public Administration.
2-A Directorate General of the Administration and Public Employment and the INA provide support
technical and operational to the Commission, whenever requested and in the terms to be set out in
regulation.
CHAIR OF THE COUNCIL OF MINISTERS
26
Article 14.
Deliberations
1-The deliberations of the Commission shall be taken by a majority of the members present,
president vote of quality
2-The provisions of the a ), c ) and g ) of Article 11 can only be the object of deliberation with the
presence of at least two thirds of the members of the Commission.
Article 15.
Duty of secrecy
1-The members of the Commission, as well as the staff who pay you support and others
possible collaborators, are especially obliged to the duty of secrecy under the terms of the
law.
2-The duty of secrecy shall, in particular, carry out the obligation of non-public disclosure of the
facts, circumstances and criteria of the jury, as well as the identity of the candidates up to the
final decision of designation.
Article 16.
Duty of collaboration
The secretariats-general or the departments responsible for the areas of human resources
of the ministries shall provide all the collaboration requested by the Commission in the implementation of the
tasks concerning the concursal procedures for the higher direction positions that if
integrate into the organs or services under the power of direction or superintendence and guardian of the
respects member of the Government.
CHAIR OF THE COUNCIL OF MINISTERS
27
Article 17.
Information and advertising
1-A The Commission prepares and refers annually to the Assembly of the Republic, a report
about your activity, of which it appears, specifically, unpersonalized information
on the concursal procedures and issuing opinions.
2-A The Commission shall make available in the respect of the Internet all information
relevant to their respect, namely the standards that regulate it and its composition,
including the biographical elements and remuneration of its members, and the legislation and
regulation applicable to recruitment and selection for the Public Administration.
3-A The Commission shall ensure the availability on the basis of computerized data of all
concursal procedures for positions of higher direction of the Public Administration.
4-A evaluation of curricula and the suitability of the skills of personalities
designated following contests that have been staying deserts or from the indigitated to
exercise positions of public manager or posts to these equated to any title,
effected by the Commission, only is advertised, in its conclusive part, in the cases of
effective assignment.
CHAPTER V
Final and transitional provisions
Article 18.
Transitional arrangements
During the year 2011, the Commission makes the drafting of the indispensable regulations
to the performance of their competences.