Key Benefits:
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Proposal for Law No 329 /XII
Exhibition of Motives
Portugal has a long experience in budget programming. In a
first phase it appeared linked to the realization of the Plan. It had thus started, among us, the
period of active economic planning, much influenced by the French model: a
idea of a binding planning for the public sector, indicative for the private sector,
even though strongly conditioner of this, by the prior definition of the goals
economic and social considered priority for the state, of public funding.
From Article 15 (1) of the first Fiscal Framework Act, Law No. 64/77, of
August 26, resulted that " the revenues and expenses pertaining to programs and projects that entail
multi-annual charges and which, within the framework of the Plan, may be considered with autonomy, will be able to appear
of program budgets ", asserting, in this way, the principle of budgeting of the
Plan, through the outline of the first budget programmes.
The solution was still inspired by the French model of the laws of programs, laws that, in fact,
translating mere intentions of a political nature, whose legal effectiveness would be dependent
of the subsequent forecast and budgetary specification.
In paragraph 4 of the aforementioned Article 15 of the Portuguese law, it was provided, in turn, that " a
elaboration, approval and implementation of the programme budgets referred to in this article will be done on the terms
that are set out in the organic law of each project or program, to be approved by decree-law " . This forecast
legal turned out to have no practical sequence.
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It was only with the passage of the State Budget Framework Act, Law n.
40/83, of December 13, which went on to predict, with effect from 1985, a Map
VII pertaining to the multiannual programmes and projects.
The system advocated in this proposed law, following a line already evidenced by the
current Fiscal Framework Act, not least in its last amendments, and following
international and community guidelines in this field, comes thus to define a system
integrated budget programming , in which the different pieces that constitute it work
each other in a "cascading" logic, which implies a change of the whole structure and
composition of the Fiscal Framework Act, in respect of principles and rules,
execution and control.
In fact, it is considered that, upstream, are the requirements for control of the expenditure and of
budgetary discipline. This control is fundamentally done by means of tables of
midterm programming (the medium term fiscal frameworks -the programmes of stability
-and the medium term budget frameworks -the multiannual framework of public expenditure), which
will condition, downstream, budget management in a more "micro" plan. In fact, not only
the creation of budgetary programmes, but also their implementation obliges to a respect of
all of these demands and restrictions that are upstream.
A budget programme aims to link the use of public resources to the
getting a certain result. The emphasis on a programme is more placed on the side of
results instead of the resources. This means that budgeting by programs is not
necessarily a way to reduce public spending.
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The advantage of budget programmes is that they allow to assess the efficiency of the expenditure
public, as they allow to compare the results achieved with the resources
used, specifically to compare the public resources obtained through taxes
used by a given program with the results achieved by that program.
The information provided by the budget programmes should allow to evaluate the cost of the
public policies and shall be on the basis of the decision of each minister responsible for the
affectation of the public resources allocated between programmes, depending on their larger or
lower efficiency.
In addition to this larger purpose, the new budget framework law, introduces other
innovations.
First, it simplifies the budget timetable by linking it to the key dates of the
European semester. On this line, two essential moments in the budget cycle are suggested
annual: the update of the Stability Programme, accompanied by the proposals of Large
Options of the Multiannual Plan and Budget Framework, April 15, and delivery to
Assembly of the Republic of the State Budget Bill for the following year,
to October 1.
Second, it contributes to the reduction of fiscal fragmentation by increasing the
responsibility of the sectoral ministries and changing the role of the Ministry of Finance in the
management and budgetary control. Of emphasizing that the goal of reducing fragmentation
budget requires particular care in various fields. Reffollowed, in the title of
example, the definition of the expense that is the object of the multiannual spending limits, the inclusion
in the law of the framing of excecional situations and the permeability to the consideration of
"budgetary riders".
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Third, it ensures that budgeting for programs is effectively focused on the
getting results, susceptible to being evaluated with recourse to a set of
most relevant indicators. This goal aims to contribute to a paradigm alteration
in the operation of public administrations, giving a concrete, quantifiable content
and evaluable to the principle of economy, efficiency and effectiveness, simultaneously increasing the
budget transparency. Of note that the success of this orientation condones, by wide
measure, the redefinition of the role of the Ministry of Finance and the sectoral ministries to the
long of the entire budget cycle.
Finally, in accounting matters and in accordance with the report on the 11 th review
of the Economic and Financial Assistance Programme (European Commission, 2014),
regarding structural budgetary reforms, it is necessary to create in the framework of the
Ministry of Finance, through the Directorate General of the Budget, an area of
Accounting and Relate, aiming to improve reporting and monitoring of cash flows and
economic, recognizing and measuring assets, liabilities, income, expenditment, expenses,
recipes, payments and receipts.
The creation of the Accounting Entity State in the proposal for a Framework law
Budget aims to recognize according to the method of folding matches and obeying
to the principle of the addition, the tax returns, the direct debt of the state, the interest of that
debt, the financial instruments of the State, the financial investments, contracts
of concession, and other transactions that repurpose to the State as a sovereign entity,
obeying generally accepted accounting principles.
This proposed law safeguards, still, the autonomy of educational institutions
public higher and of its organic units, specifically the provisions of the Articles
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114. and 115 of the Legal Regime of Higher Education Institutions.
Notwithstanding the law may be the object of adaptations with the course of time, it is signed to
need to outline a transitional regime that allows the State and the Administrations
Public to accommodate and apply in full the constant requirements in this law.
Attentive to matter, at the headquarters of the legislative process taking place in the Assembly of the Republic,
are to be heard the self-governing bodies of the Autonomous Regions and the Association
National of Portuguese Municipalities.
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 Act passes the Budgetary Framework Act.
Article 2.
Approval
It is hereby approved, in the annex to this Act and of which it is an integral part, the Framework Act
Budget.
Article 3.
Legislative amendments
The Government approves, within one year after the entry into force of this Law, the
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alteration of the following diplomas, in such a way as to compatibilize them with the new Law of
Budgetary Framework:
a) Law No. 8/90 of February 20;
b) Law No. 43/91 of July 27;
c) Law No. 112/97 of September 16, as amended by the Laws 64/2012, of 20 of
December, and 82-B/2014, of December 31;
d) Law No 7/98 of February 3, amended by Law No. 87-B/98 of December 31;
e) Law No. 3/2004 of January 15;
f) Law No. 4/2004 of January 15;
g) Law No. 8/2012 of February 21, as amended by the Laws 20/2012, of 14 of
may, 64/2012, of December 20, 66-B/2012, of December 31, and 22/2015,
of March 17;
h) Law No. 28/2012 of July 31, as amended by the Laws No. 66-B/2012 of 31 of
December, 51/2013, of July 24, 83-C/2013, of December 31, 75-A/2014,
of September 30, and 82-B/2014, of December 31;
i) Decree-Law No. 18/2008 of January 29.
Article 4.
Implementation unit of the Budget Framework Act
1-The implementation Unit of the Budget Framework Act, henceforth
designated as "Unit", to which is directed by the member of the Government responsible for the
area of finance, and that it has by mission to ensure the implementation of the Law of
Budgetary framework in the legal, technical, communicational dimensions,
computer and control, in such a way as to provide the State and its services and
organisms greater effectiveness of public policies in a logic of results.
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2-A Unit consists of the Executive, Technical and Management Offices and
Coordination of Projects.
3-The Executive Office competes to approve the scope and objectives of each project,
respect budget, oversee project activities and adopt the decisions
necessary for the fulfilment of the established timetables;
4-The Technical Office competes in the planning, implementation and evaluation of projects and
diplomas to be developed in implementation of the Budget Framework Act;
5-The Office of Management and Coordination of Projects competes to promote, coordinate and
control the activities necessary for the realization of the goals of each project,
respecting the approved resources and timetable.
6-A The constitution and the rules of operation of the Unit shall be approved by decree-law,
no later than 180 days after the entry into force of this Law.
7-A Unit works by the three year term, renewable for equal period.
Article 5.
Regulation
1-Within a period of six months from the date of entry into force of this Law, the Government
approves the decree-law referred to in Article 45 (13) of the Framework Act
Budget, approved in annex to this Law.
2-Within a period of one year from the date of entry into force of this Law, the Government
approves a decree-law that contains the specifications and guidelines concerning the
delivery of the budget programmes to all the services and bodies of the
subsectors of the central administration and social security.
3-A The adoption of the model of budget programmes set out in the Framework Act
Budget, approved in annex to this Law, is done in the third budget year
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subsequent to that of the entry into force of this diploma.
4-In the year leading up to the adoption of the budget model by programs, the Government
approves a decree-law, of limited duration and reach, with a view to regulating, in these
first years of duration, its compatibilization with the current legislature and with the
global boundaries and expense parcellars resulting, for that period, of the law of the large
options.
5-The performance information system is introduced gradually, within three
years from the date of the entry into force of this Law, in the terms to be defined by
Decree-law.
6-The Government approves the remaining regulation required to implement the Law of
Budget Framework, adopted in annex to this Law.
Article 6.
Accounting base for budget programmes
The managing entities of the budgetary programmes provided for in Article 46 of the Law of
Budget Framework, approved in annex to this Law, dispose of the deadline of three
years after the entry into force of this diploma to implement the procedures
accounting and others that prove necessary to the presentation, in the Budget of the
State, of the financial statements that involve an optics of addition.
Article 7.
Abrogation standard
1-It is repealed Law No 91/2001 of August 20.
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2-Without prejudice to the provisions of the preceding paragraph, during the period referred to in paragraph 2 of the
next Article shall remain in force the standards of Law No 91/2001 of August 20,
relating to the budgetary process, the content and structure of the State Budget, to the
budget implementation, budgetary changes, budgetary control and
financial responsibility, the significant deviation and correction mechanism, to the accounts,
to budgetary stability, guarantees of budgetary stability as well as the
final provisions.
Article 8.
Entry into force and production of effects
1-A This Law shall come into force on the day following that of its publication.
2-Without prejudice to the provisions of the preceding paragraph, Articles 20 to 76 of the Law of
Budget Framework, adopted in annex to this Law, shall produce effects three
years after the date of the entry into force of this diploma.
Seen and approved in Council of Ministers of April 30, 2015
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs
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ANNEX
(referred to in Article 2)
Budget Framework Law
Title I
Object and scope
Article 1.
Object
This Law establishes:
a) The principles and budgetary rules applicable to the sector of administrations
public;
b) The regime of the budget process, the rules of implementation, accounting and
budgetary and financial reporting, as well as the rules of supervision, control and
budgetary and financial audit, relating to the perimeter of the subsector of the
central and the subsector of social security.
Article 2.
Institutional scope
1-The sector of public administrations covers all services and entities of the
subsectors of the central, regional, local, and social security administration, which do not
have a nature and form of company, foundation or public association.
2-Without prejudice to the principle of budgetary independence, the provisions of Title II and in the
articles 44 and 74 is applicable to the subsectors of regional and local administration, with the
due to adaptations, paying respects to the laws of financing realizes the terms
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of this application.
3-Within the sector of public administrations, it is understood by subsector of security
social the system of solidarity and social security, consisting of the set of the
systems and the subsystems defined in the respective law of bases, the respective sources of
funding and the bodies responsible for their management.
4-Integrate still the sector of public administrations the entities that,
regardless of their nature and shape, have been included in each subsector in the
scope of the European System of National and Regional Accounts, in the latest list of
entities that make up the sector of public administrations released until June 30,
by the national statistical authority, designated by reclassified public entities.
5-The reclassified public entities referred to in the preceding paragraph shall apply to the scheme
of the services and entities of the subsector of the central administration may the same
benefit from a simplified budget implementation control scheme under the terms a
set in the annual state budget law.
6-Possess special autonomy for management of own revenue the entities provided for in the
n Article 57 (3)
Article 3.
Budgetary and accounting scope
1-The budget of the central administration integrates the budgets of the services and entities
public and the Accounting Entity State, henceforth designated by ECE.
2-For the purposes of this Law, the ECE is created, which consists of the set of the
accounting operations of the responsibility of the State and integrates, in particular, the
general revenues, liabilities and assets of the State.
3-A The management of the ECE competes with the member of the Government responsible for the area of finance.
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Article 4.
Reinforced value
The provisions of this Law shall prevail over all the standards establishing regimes
particular budget that would counteract it.
Article 5.
Administrative and financial autonomy of public higher education institutions
The provisions of this Law shall be without prejudice to the special arrangements for administrative autonomy and
financial of public higher education institutions, as well as their units
organic, as disposed of in the respect of the legal regime.
Title II
Budget policy, principles and budgetary rules and financial relations between
public administrations
CHAPTER I
Fiscal policy
Article 6.
Fiscal policy
1-The fundamental legal framework of fiscal policy and financial management,
concretized in this Law, results from the Constitution of the Portuguese Republic and the
provisions of the Treaty on the Functioning of the European Union, of the Covenant of
Stability and Growth in fiscal deficit and public debt and, well
so, from the provisions of the Treaty on Stability, Coordination and Governance of the
Economic and Monetary Union.
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2-A Budget policy should be set for a medium-term horizon, reconciling
the Government's policy priorities with the constraints that result from the application
of the provisions of the preceding paragraph.
Article 7.
Council of Public Finance
1-The Public Finance Council has the mission to pronounce on the objectives
proposed in relation to the macroeconomic and budgetary scenarios, to sustainability
long term of public finances and compliance with the rule on the balance
budget, the expenditure rule of the central administration and borrowing rules
of the autonomous regions and local authorities provided for in the respective laws of
funding.
2-A composition, skills, organisation and operation of the Council of the
Public Finance, as well as the status of the members ' respective members, are defined by law.
Article 8.
Macroeconomic forecasts
1-The budgetary projections underlying the budget programming documents
provided for in this Law shall be based on the most likely macroeconomic scenario or
in a more prudent scenario.
2-Budget programming documents shall include:
a) The macroeconomic and budgetary scenario, with explaination of the hypotheses
considered;
b) The comparison with the latest predictions effected by the Government and the explanation
of the revisions effected;
c) The comparison with the predictions of other national and international bodies
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for the same period;
d) The sensitivity analysis of the macro-budgetary scenario to different hypotheses
for the main variables.
3-Budget programming documents should indicate whether the underlying scenario was
appreciated by the Council of Public Finance.
CHAPTER II
Budgetary principles
Article 9.
Unity and universality
1-The State Budget is unitary and comprises all the revenue and expenditure of the
entities that make up the subsector of the central administration and the sub-sector of security
social.
2-The budgets of the autonomous regions and local authorities are independent of the
State budget and comprise all revenue and expenditure of administrations
regional and local, respectively.
Article 10.
Budgetary stability
1-The sector of public administrations, including all entities and services that the
integrate, is subject, in the approval and execution of the respective budgets, to the principle
of budgetary stability.
2-A Budget stability consists of a situation of balance or surplus
budget.
3-A The realization of the principle of stability depends on compliance with the rules
numerical budgetary set out in Chapter III of this Title, without prejudice to the
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rules provided for in regional and local funding laws.
Article 11.
Sustainability of public finances
1-The subsectors that constitute the sector of public administrations, as well as the
services and entities that integrate them, are subject to the principle of sustainability.
2-Understand for sustainability the ability to finance all commitments,
made or to take up, with respect to the structural budget balance rule and the
public debt, as set out in this Law.
Article 12.
Reciprocal solidarity
1-A preparation, approval and implementation of the budgets of the subsectors that make up
the sector of public administrations are subject to the principle of solidarity
reciprocating.
2-The principle of reciprocal solidarity obliges all sub-sectors, through the
respects services and entities, to contribute proportionally to the realization of the
budget stability referred to in Article 10 and for compliance with the legislation
European in the field of fiscal policy and public finance.
3-The measures that come to be implemented within the framework of this article are sent
to the Council for the Monitoring of Financial Policies and the Council of
Financial Coordination and must appear in the budget summary of the month to
who respect.
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Article 13.
Intergenerational equity
1-A The financial activity of the public administrations sector is subordinated to the
principle of equity in the distribution of benefits and costs between generations, so as to
not excessively burdening future generations, safeguarding their legitimate ones
expectations through a balanced distribution of costs by the various budgets
in a multiannual framework.
2-The report and the informative elements that accompany the proposed law of the
State budget, pursuant to Article 37, shall contain information on the
future impacts of government expenditure and revenue, on state commitments and
on contingent responsibilities.
3-A The verification of the fulfilment of intergenerational equity implies the appreciation of the
budgetary incidence of the following subjects:
a) Of public investments;
b) From investment in human capacity-building, co-financed by the state;
c) Of the charges with financial liabilities;
d) From the financing needs of the entities of the corporate sector of the State;
e) Of budgetary commitments and contingent liabilities;
f) From the explicit and implicit charges in public-private partnerships, grants and
too much financial commitments of multiannual character;
g) From old-age pensions, retirement, invalidity or others with characteristics
similar;
h) Of revenue and tax expense, namely the one that results from the granting of
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tax benefits.
Article 14.
Annuality and pluriannuality
1-The State Budget and the budgets of the services and the entities that integrate the
government sector of public administrations are annual.
2-The budgets of the services and the entities that make up the subsectors of the
central and social security administration integrate budget programmes and are
framed by the Law of Major Options on Planning and the
Multiannual Budget Programming.
3-The economic year coincides with the calendar year.
4-The provisions of the preceding paragraphs shall be without prejudice to the possibility of there being a period
supplementary to budget implementation, in the terms provided for in the decree-law of implementation
budget.
Article 15.
Non-compensation
1-All revenue is provided for by the full importance in which they were assessed, without
deduction some for charge charges or any other nature.
2-A The full importance of tax revenues corresponds to the forecast of the amounts
that, after abating the estimates of the disposals by virtue of benefits
tributaries and the estimated amounts for reimbursements and refunds, are effectively
charged.
3-All expenses are entered by their full importance, without deduction of any
species, resaved the following exceptions:
a) The transactions relating to financial assets;
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b) The management operations of the direct public debt of the State, which are entered into
respects budget programmes, in the following terms:
i) The expenses arising from financial derivatives transactions are
deducted from the recipes obtained with the same operations, being the respect
balance always entered as an expense;
ii) The interest income resulting from operations associated with the issuance of debt
direct public of the State and or the management of the State's Treasury are abated
to expenses of the same nature;
iii) The interest income resulting from the operations associated with the application of the
surplus of State Treasury, as well as those associated with the
cash advances, are abated to the interest expense of the debt
direct public of the State;
iv) The interest income resulting from active operations of the Directorate General of the
Treasure and Finance.
4-A Budget enrollment of financial flows arising from operations associated with the
management of the fund portfolio of funds under management of the Institute of Management of the
Capitalization Funds of Social Security, I.P., is effected in accordance with the
following rules:
a) The revenues obtained in financial derivatives transactions are deducted from the
current expenses of the same operations, being the balance always
enrolled as revenue;
b) The interest received from debt securities is deducted from the accrued interest paid in the
acquisition of the same genus of values, the outstanding balance being always inscribed
as revenue.
5-The provisions of the preceding paragraphs shall be without prejudice to the individualized accounting record
of all financial flows, yet merely scriptural, associated with the operations
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them referred to.
Article 16.
Non-consignment
1-It cannot affect the product of any recipes to the coverage of certain
expenses.
2-Exceed from the provisions of the preceding paragraph:
a) The revenue from reprivatizations;
b) The revenue for traditional community own resources;
c) The revenue affects the financing of social security and its different
systems and subsystems, in the legal terms;
d) The revenues that correspond to transfers from the European Union and
of international organizations;
e) The proceeds from subsidies, donations and legacies of private individuals, which, by
willingness of these, they should be affected to the coverage of certain expenses;
f) The revenue that is, by reason of special reason, affects certain expenses by
express statutory or contractual statutory statuition.
3-The standards that, in the terms of the paragraph f) of the preceding paragraph, consigno revenue to
certain expenses have excecional and temporary character.
Article 17.
Specification
1-The expenditure entered in the budgets of the services and bodies of the subsectors of the
central government and social security are structured in programs, by source of
funding, by organic, functional and economic classifiers.
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2-The revenue is specified by economic classifier and source of funding.
3-Are void the budgetary credits that enable the existence of appropriations for
confidential use or for secret funds, without prejudice to the special schemes
legally provided for use of monies which excecionally are justified by
national security reasons, authorized by the Assembly of the Republic, under proposal
of the Government.
4-A The structure of the codes of the budget classifiers is defined in a diploma of their own.
Article 18.
Economy, efficiency and effectiveness
1-A The assumption of commitments and the realization of expenditure by the services and entities
belonging to the subsectors constituting the sector of public administrations are
subject to the principle of economics, efficiency and effectiveness.
2-A The economy, efficiency and effectiveness consist of:
a) Use of the minimum of resources that ensure the appropriate standards of
quality of the public service;
b) Promotion of productivity addition by the range of similar results
with lower expense;
c) Use of the most appropriate resources to achieve the result that is intended
reach.
3-Without prejudice to the provisions of the previous figures the assessment of the economy, efficiency
and of the effectiveness of public investments involving total amounts higher than
five million euros, should include, where possible, the estimation of their
net budgetary and financial incidences year to year and in global terms.
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Article 19.
Budgetary transparency
1-A approval and implementation of the budgets of the services and the entities that integrate the
government sector of public administrations are subject to the principle of transparency
budget, in the terms of the following numbers and in Chapter IV of Title VI.
2-A Budget transparency implies the provision of information on the
implementation and implementation of the programmes, objectives of fiscal policy,
budgets and accounts of the sector of public administrations, by subsector.
3-A information made available must be reliable, complete, updated, understandable and
comparable internationally, so as to allow to accurately assess the position
financial sector of the public administrations sector and the costs and benefits of their
activities, including their economic and social consequences, present and future.
4-The principle of budgetary transparency includes:
a) The duty of information by the Government to the Assembly of the Republic, in the frame of the
budgetary surveillance powers that this compete;
b) The duty of financial information among the sub-sectors, pursuant to Article 30;
c) The duty to make provision of information to the entity with competence of
monitoring and monitoring of budget implementation, on the terms and deadlines to
define in the decree-budget implementation law.
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CHAPTER III
Budgetary rules
SECTION I
General rules
Article 20.
Rule of structural budget balance
1-The medium-term budgetary objective is the one defined in the framework and in accordance with the Pact
of Stability and Growth.
2-A annual convergence trajectory to achieve the midterm goal is stated in the
Program of Stability.
3-The structural balance, which corresponds to the budget balance of public administrations,
defined in accordance with the European System of National and Regional Accounts, corrected
of the cyclical and liquid effects of extraordinary and temporary measures, it cannot be
lower than the constant midterm goal of the Stability Programme, having by
goal to achieve a structural deficit limit of 0.5% of gross domestic product (GDP)
at market prices.
4-A methodology for the clearance of the structural balance is defined in the framework and of
agreement with the Stability and Growth Pact.
5-Whenever the relationship between public debt and GDP at market prices is
significantly less than 60% and the risks to long-term sustainability of the
public finances are reduced, the threshold for the midterm goal can reach
a structural deficit of at most 1% of GDP.
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6-As long as the midterm goal is not achieved, the annual balance adjustment
structural cannot be less than 0.5% of GDP, and the rate of expenditure growth
public, net of extraordinary, temporary or discretionary measures on the side of the
revenue, may not be higher than the medium-term reference rate of growth of the
Potential GDP, as defined in the Stability and Growth Pact.
7-As long as the midterm goal is not achieved, discretionary reductions of
elements of public revenue should be compensated for by reductions in expenditure, by
discretionary increases in other elements of public revenue or by both,
as defined in the Stability and Growth Pact.
8-For the purposes of the provisions of the preceding paragraphs, the aggregate of the expenditure shall exclude the
interest expense, the expenditure on programmes of the European Union and the
non-discretionary changes in unemployment benefit expenditures.
9-For the purpose of the provisions of the previous figures, the surplus of the growth of
expenditure in relation to the midterm reference is not considered a default
of the reference value in so far as it is fully compensated by increases
of revenue imposed by law.
10-A The intensity of the adjustment referred to in the previous figures takes into account the position
cyclic of the economy.
Article 21.
Budget surpluses
1-The surpluses of the budget implementation are used in the:
a) Amortization of public debt, while checking for non-compliance of the limit of the
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public debt provided for in Article 25 (1);
b) Constitution of a stabilization reserve, intended to perform a
anticyclical function in contexts of economic recession, when to check the
compliance with the limit referred to in the preceding paragraph.
2-The annual surpluses of the previdential system revert in favour of the Fund of
Financial Stabilization of Social Security, pursuant to the Security Bases Act
Social.
Article 22.
Significant deviation
1-A identification of a significant deviation in the face of the medium-term objective or face to the
projected balance in the constant convergence trajectory, respectively, of the n. ºs 1 and 2
of article 20 is made on the basis of the comparative analysis between the verified value and the value
predicted.
2-For the purposes of the provisions of the preceding paragraph, the verified value is calculated on the basis of
in the data set out in the notification of the procedure by excessive deficits effectuated
by the statistical authorities.
3-Stocking on convergence trajectory, it is considered that there is a significant deviation
when you check in at least one of the following situations:
a) The ascertained deviation from the forecast structural balance is at least 0.5% of the
GDP, in a single year, or at least 0.25% of GDP on an annual basis in two years
consecutive;
b) The evolution of the net expenditure of extraordinary and temporary measures in
revenue matter has a negative contribution in the balance of administrations
public of at least 0.5% of GDP, in a single year, or cumulatively in two
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consecutive years.
4-For the purpose of determining a significant deviation is not considered as expected in the
point ( b ) of the previous number, if the midterm goal has been overcome, having
into account the possibility of significant excecional revenues, and whether the plans
budget set out in the Stability Programme do not put that at risk
goal over the duration of the Program.
5-The deviation may not be found to be significant in cases where it results from occurrence
excecional not controllable by the Government, in the terms provided for in Article 24, with
significant impact on public finances, and in the event of structural reforms that
have long-term effects on economic activity, as long as this does not put in
risk to fiscal sustainability in the medium term.
6-The recognition of the existence of a significant deviation is from the initiative of the Government,
upon prior consultation of the Council of Public Finance or the initiative of the
Council of the European Union, through the submission of recommendation addressed to the
Government, in accordance with Article 6 (2) of Regulation (EC) No 1466/97, of the
Council, of July 7, 1997.
7-Recognized the significant deviation in the terms of the previous number, is activated the
mechanism of constant correction of the following article.
Article 23.
Mechanism of correction of the deviation
1-When it acknowledges the situation provided for in paragraph 3 of the preceding Article, the Government shall
present to the Assembly of the Republic until the May 30, a remediation plan with
the necessary measures to ensure compliance with the stated objectives of the article
20.
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2-A correction of the deviation recognized pursuant to the previous article takes effect upon
reduction in at least two thirds of the established deviation, with the minimum 0.5% of the
GDP, to be made by the end of the year subsequent to the one in which it was recognized, owing
the remainder of the deviation to be corrected in the following year, save if they occur
excecional circumstances, in the terms provided for in the following article.
3-The adjustment to be made under the preceding paragraph may not, in any case,
be lower than that resulting from the rule provided for in Article 25.
4-The remediation plan privileges the adoption of public expenditure reduction measures, well
as the distribution of the adjustment between the subsectors of public administrations in
Obedience to the principle of reciprocity solidarity.
5-The remediation plan referred to in paragraph 1 with the necessary measures to comply with the
objectives set out in Article 20 (s) in the Stability Programme, which shall be
preceded by non-binding opinion of the Council of Public Finance.
6-Of The Stability Programme are listed:
a) The recommendations put forward by the Public Finance Council;
b) The evaluation of the recommendations put forward by the Public Finance Council
and the justification of their possible non-consideration or acceptance.
Article 24.
Excecional situations
1-A admission of a deviation in the face of the medium-term objective or in the face of the projected balance in the
trajectory of constant adjustment, respectively, in the paragraphs 1 and 2 of Article 20, only
is permitted temporarily and in excecional situations, not controllable by the Government
and as long as they do not put at risk fiscal sustainability in the medium term,
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resulting, namely:
a) From deep economic recession in Portugal, in the euro area or in the whole
European Union;
b) From natural disasters or other excecional situations with significant impact
budget.
2-The recognition of the situation of excecionality predicted in the preceding number is object
of a proposal of the Government and of appreciation by the Assembly of the Republic, preceded by
non-binding opinion of the Council of Public Finance.
3-A The correction of the deviation provided for in paragraph 1 is effected by incorporation into the Programme
of Stability of the measures necessary to ensure the fulfilment of the objectives
constants of Article 20, and the provisions of paragraphs 4, 5 and 6 of the article shall be observed
previous.
4-Ocurring the situation provided for in paragraph 1, the correction of the convergence trajectory shall be
is, at most, in the four subsequent budgetary exercises and according to
o predicted in the previous number.
Article 25.
Limit of public debt
1-When the relationship between public debt and GDP exceeds the reference value of 60%, the
Government is obliged to reduce the amount of public debt, in the excess part,
as a standard of reference, as provided for in Article 2 of Regulation (EC) No
1467/97, of the Council, of July 7, 1997, with the essay being given by the
Regulation (EU) No 1177/2011, of the Council, of November 8, 2011.
2-For the purpose of verification of the provisions of the preceding paragraph, the public debt is considered
as defined in Article 1 (5) of the Regulation (EC) No 479/2009 of the
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Council, of May 25, 2009.
3-For the purpose of determining the value of the reduction in debt is considered the influence
of the economic cycle, pursuant to the Council Regulation (EU) No 1177/2011, of
November 8, 2011.
4-A The annual change in public debt is corrected from the effects arising from the change in the
perimeter of the public administrations effected by the statistical authorities, in the terms
of Article 2 (4)
Article 26.
Interpretative rules
The articles contained in this section, with the exception of the provisions of Article 21, are
interpreted and applied in accordance with the rules and guidelines defined by the institutions
of the European Union in this framework.
SECTION II
Specific rules
Article 27.
Budget balances
1-The integrated services and entities in the organic base missions of the subsector of the
central administration must present in the drafting, approval and execution, a balance
global null or positive, as well as positive results before expenses with
taxes, interest, depreciations, provisions and impairments losses, unless the conjuncture
of the period referred to in the budget, justifiably, the non-permitting.
2-The social security subsector must present a void or positive global balance, save
if the conjuncture of the period referred to in the budget, justifiably, the no
allow.
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3-For the purposes of the provisions of the preceding paragraphs, the revenue and
expenses relating to financial assets and liabilities, as defined for purposes
budget nor the balance of the management of the previous year ascertained in accounting
budget.
4-In cases where, during the year to which they respect the budgets referred to in paragraph 1,
the budget implementation of the set of public administrations to enable it, may the
Government, through the member of the Government responsible for the area of finance, dispense,
in excecional situations, the application of the equilibrium rule established in the same
number.
5-The reports of the state budget bill and the State General Account
present the justification to which the final parts of the n. 1 and 2 are referred to.
6-Without prejudice to the provisions of paragraph 1, the reclassified public entities referred to in paragraph 4
of Article 2 present positive primary balance.
7-The decree-budget implementation law provides for the appropriate correction mechanisms for
the reclassified public entities provided for in Article 2 (4) that are in
default situation.
Article 28.
Specific rules for the subsectors of regional and local administration
The rules of the budget balance and the debt limit, applicable to the subsectors of the
regional and local administrations, are listed in respect of the funding laws.
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Article 29.
Limits of borrowing
1-In fulfillment of the budgetary stability obligations arising from the Programme
of Stability, the State Budget Act sets out specific limits of
annual indebtedness of the central administration, autonomous regions and authorities
places compatible with the budget balance calculated for the set of
public administrations.
2-Indebtedness limits referred to in the preceding paragraph may be lower than the
that would result from the financial laws especially applicable to each subsector.
3-Without prejudice to the provisions of Article 25, in addition to the maximum variation of the
consolidated overall net borrowing of the central government, this may finance-
if, in advance, up to the limit of 50% of the predicted debt amortizations founded
to be carried out in the subsequent budget year.
4-Should some advance financing be effected, the borrowing limit of the year
subsequent budget is reduced in the amount of funding, and may this be
increased up to 50% of the expected debt amortizations founded to be held in the year
subsequent budget.
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CHAPTER IV
Financial relations between subsectors
Article 30.
Transfers of the State Budget
1-To ensure compliance with the principles of budgetary stability and
reciprocal solidarity, the state budget law can determine transfers
of the State Budget of lower amount than that which would result from the application of the laws
financial especially applicable to the subsectors of the regional and local administration,
without prejudice to the commitments made by the State in the framework of the system of
solidarity and social security.
2-A The possibility of reduction predicted in the previous number depends on the verification of
excecional circumstances imperiously required by the strict observance of the
obligations arising from the Stability Programme and the principles of
proportionality, not arbitrio and reciprocating solidarity and lacks prior hearing of the
competent bodies of the involved subsectors.
Article 31.
Failure to comply with the standards of this Title
The failure to comply with the provisions of this Title constitutes aggravating circumstance of the
inherent financial responsibility, being communicated to the Court of Auditors.
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Title III
Budget process
CHAPTER I
First phase of the budget process
Article 32.
Start of the budget process
The budget process starts with the presentation, by the Government, in the Assembly of the
Republic, of the following documents:
a) Annual Update of the Stability Programme;
b) Proposed law of the Great Options in Planning Matters and the
Multiannual Budget Programming, henceforth designated by the Law of Great
Options.
Article 33.
Programme of Stability
1-A The update of the Stability Programme competes with the Government, being effected
agreement with the regulations of the applicable European Union.
2-The Government presents to the Assembly of the Republic the update of the Programme of
Stability, for the following four years, until the April 15.
3-A Assembly of the Republic proceeds to the assessment of the Stability Programme, on the deadline
of 10 days from the date of your presentation.
4-A Stability Program update specifies, departing from a scenario of
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invariant policies, the economic and budgetary policy measures of the
Portuguese state, presenting in a detailed way its financial effects, the
respect calendar of implementation and the justification of such measures.
5-A annual review of the Stability Programme includes a framework update project
multiannual of public expenditure and revenue, without prejudice to its concretization in the Law of
Great Options.
6-The Government sends to the European Commission the update of the Stability Programme up to
the end of April.
Article 34.
Law of Great Options
1-The Government presents to the Assembly of the Republic the proposed law of the Great Options,
by April 15.
2-A The proposed law to which it relates in the preceding paragraph is accompanied by explanatory note
that merrily, and should contain the justification of economic policy options
assumed and their compatibilization with the fiscal policy objectives.
3-A Assembly of the Republic approves the Law of Major Options within 30 days
count of the date of your presentation.
4-A The Great Options Act is structured in two parts:
a) Identification and planning of economic policy options;
b) Multiannual budget programming, for the subsectors of the central administration and
social security.
5-A multiannual budget programming concretizes itself through the multiannual framework of the
public expenditure.
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Article 35.
Multiannual framework of public expenditure
1-The multiannual framework of public expenditure of the central and the sub-sectors of the central government
social security, referred to in paragraph 5 of the previous article, sets out, for the respect
programming period:
a) The limit of the total expense, compatible with the program's constant objectives
of Stability;
b) The spending limits for each organic basis mission;
c) The revenue projections, by source of funding.
2-Anually, the Government presents the multiannual framework, which includes the current year and the
four years following.
3-The spending limits to which the points are referred a) and b ) of paragraph 1 are binding for the
year to which it respects the budget and indicative for the programming period that
coinced with the rest of the legislature.
4-The defined expense limit for the organic base mission concerning the subsector of the
social security can only be exceeded when it results from payment of benefits
that constitute the rights of the beneficiaries of the social security system and that if
find directly affection for the cyclical position of the economy.
5-The programme referred to in Article 45 (12) shall compete for the limits referred to in
point ( a) of paragraph 1 and may be intended for expenses of any other programme.
6-In the case where the spending limits are binding under the terms of paragraph 3, the
Government cannot set an upper limit, save if this is justified by virtue
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from:
a) Redefinition by the European Commission of the midterm goal;
b) Significant deviation from the midterm goal, taking into account the
remediation measures adopted or to be adopted pursuant to Rule 23;
c) Verification of one of the situations provided for in Article 59.
7-The provisions of paragraph 3 shall not apply to revisions arising out of the amendments of the
funding from the European Union, or from the increase in revenue from Funds
Europeans concretized.
8-The balances ascertained in each year on the organic grassroots missions can transit to the
subsequent years in accordance with the rules set out in the decree-law of execution
budget.
CHAPTER II
Second phase of the budget process
Article 36.
Drafting and submission of the proposal for the State Budget Bill
1-The Government prepares and presents to the Assembly of the Republic, until October 1 of each
year, the proposal for the State Budget Act for the following economic year,
accompanied by all the elements referred to in this Chapter.
2-The Government further sends to the European Commission for the purpose of issuance of the
national recommendations specific to the proposed State Budget Bill, within
of the time limit mentioned in the preceding paragraph, save in the situations provided for in the Chapter
next.
Article 37.
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Elements that accompany the proposed state budget bill
1-A The proposed state budget bill incorporates the elements set out in the article
40. and is accompanied by the respected report and the informative elements, referred to
in the following numbers.
2-The report accompanying the proposed state budget bill contains the
presentation and the justification of the proposed budget policy and includes the analysis of the
following aspets:
a) Evolution, forecasts and projections of major budget variables and
relevant macro-economic, in accordance with Article 8;
b) General lines of fiscal policy and its suitability for the obligations arising
of the Stability Pact and the Treaty on Stability, Coordination and
Governance of the Economic and Monetary Union;
c) Evolution of the global financial situation of each subsector and the business sectors
public, including information on the respect of the global indebtedness;
d) Sustainability of public debt, including dynamic analysis;
e) Information on the forecast of the tax revenue, allowing to check the amount of the
gross revenue, reimbursements and transfer to other subsectors;
f) Situation of treasury operations and Treasury bills;
g) Composition of the annual expenditure of each of the budget programmes, by mission
of organic basis;
h) Measures to streamline budgetary management including the identification of risks
budgetary;
i) Measures of fiscal consolidation and temporary measures;
j) Descriptive memory of the reasons justifying the resource to partnerships of the sectors
public and private;
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k) Global and individualized information on annual and multi-annual expenditure with
public-private partnerships and on the situation of global respect for respect;
l) Information on the charges assumed and running and on the whole of
contingent responsibilities of the State;
m) Evolution of late payments in each organic basic mission;
n) Statement of consolidated budget performance, prepared in accordance with
the European System of National and Regional Accounts, where the evidence is evidenced
different subsectors of the sector of public administrations, and demonstrate the
calculation of the needs or net capacity of financing;
o) Other subjects deemed relevant to the justification of the budget decision.
3-A The proposed state budget bill is still accompanied at least by the
following informative elements:
a) Budget developments that individualize each of the programmes,
disaggregated by services and entities, evidencing the respective costs and sources
of funding;
b) Estimation and forecast of the consolidated budget implementation of the sector of
public administrations and by subsector, in the optics of budget accounting and the
national accounting;
c) Descriptive memory of the reasons justifying the differences between established values,
in the optics of public accounting and national accounting;
d) Financial and equity situation of the entities that make up the subsector of the
central administration, including the subsector of social security;
e) Financial transfers between Portugal and the outside with incidence in the Budget
of the State;
f) Budgetary transfers to the autonomous regions;
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g) Budget transfers to local authorities and intermunicipal entities;
h) Budget transfers for non-integrated entities in the sector of
central administration;
i) Tax benefits, estimates of disposative income, its economic justification and
social and, well, the identification of measures aimed at the coverage of the revenue
cessation that results from the creation or enlargement of any tax benefits.
Article 38.
Discussion and voting
1-A proposed state budget bill is discussed and voted on in the terms of the provisions
in the Constitution, in this Law and in the Rules of the Assembly of the Republic.
2-A vote on the proposed state budget bill takes place within 45 days
after the date of its admission by the Assembly of the Republic.
3-The Plenary of the Assembly of the Republic discusses and votes, in generality and in the
specialty, the proposed state budget law, on the terms and deadlines
set out in the Rules of the Assembly of the Republic.
4-With the exception of the subjects voted in the specialty by the Plenary pursuant to paragraph 4
of Article 168 of the Constitution, the vote in the specialty of the proposed law of the
State budget stems from the relevant parliamentary committee and has by object the
articulated, the accounting maps and the budgetary and financial statements
constants of that proposed law.
5-Within the framework of the examination and discussion of the proposed State Budget Bill, the
Assembly of the Republic may hold any hearing in the general terms,
specifically, summoning, the request of the permanent specialist commission
competent in budgetary matters, the entities that are not subjected to power
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of direction of the Government and whose testimony deems relevant to the clarification of the
matter in appreciation.
6-Any matter understood in the voting phase in the specialty of the proposal of
state Budget law may be object of avocation by the Plenary of the Assembly
of the Republic, in the terms provided for in the Rules of Procedure.
CHAPTER III
Budget process in special situations
Article 39.
Deadline for submission and voting of the Budget Bill in situations
special
1-The time limit referred to in Article 36 shall not apply in cases where:
a) The taking of possession of the new Government occurs between July 15 and September 30;
b) The Government in office is dismissed on October 1;
c) The term of the legislature occurs between October 1 and December 31.
2-In the cases provided for in the preceding paragraph, the proposed State Budget Bill
for the following economic year, accompanied by the elements referred to in the article
37., is presented by the Government to the Assembly of the Republic and sent to the Commission
European within ninety days from the taking of the Government.
3-A The proposed law referred to in the preceding paragraph shall be preceded by the submission of the
documents referred to in Article 32 para.
Title IV
Systematization of the budget law and structure of the State Budget
CHAPTER I
Systematization of the Budget Law and content of the articulate
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Article 40.
Systematization of Budget Law
The State Budget Act integrates:
a) An articulate;
b) The accounting maps;
c) Budgetary and financial statements.
Article 41.
Content of the articulate
1-The articulation of the State Budget Act contains,
particularly:
a) The standards necessary to guide the budget implementation,
including those relating to the destination to be given to the funds resulting from surplus
budgets of the entities of the subsector of the Central Administration and those relating to
possible reservations;
b) The approval of the accounting maps and the integration of the
budget and financial statements;
c) The determination of the maximum amount of the addition
net borrowing and the remaining general conditions to which one is to subordinate the
issuance of public debt founded by the State and the services and entities of the
subsector of the central administration;
d) The indication of the monies entered in each basic mission
organic to reserve title and the rules of management rules;
e) The determination of the extra amounts to the addition
of authorized net borrowing, in cases where recourse to the
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credit to finance the expenses with the operations referred to in point (s) c ) or the
conjunctural action programs;
f) The determination of the general conditions to which they are due
subordinate the management operations of the legally foreseen government debt;
g) The determination of the maximum limit of personal guarantees to
grant by the State and the services and entities of the subsector of the administration
central, during the economic year;
h) The determination of the maximum limit of loans to
grant and other active credit operations, whose repayment term exceeds the
end of the economic year, to be carried out by the State and the services and entities of the
subsector of the central administration;
i) The determination of the maximum limit of the anticipations to be made,
pursuant to the applicable law;
j) The determination of the maximum limit of possible commitments
taking up with contracts for provision of services in financing arrangements
private or other form of partnership of the public and private sectors;
k) The determination of the maximum limits on indebtedness of
autonomous regions, under the terms provided for in the respect of the funding law;
l) The eventual update of the values below which the acts,
contracts and other instruments of expense generators or representative of
direct or indirect financial liabilities shall be exempt from supervision
prior to the Court of Auditors;
m) The maximum overall amount of financial authorization to the
Government for satisfaction of charges with the benefits to be settled regarding
public investment contracts under the Military Programming Act under the
form of leasing;
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n) The remaining measures that prove indispensable to the correct
financial management of the services and entities of the subsectors of the central administration and
of social security in the economic year to which it respects the Budget Act of the
State.
2-The provisions set out in the articulation of the Budget Law
of the State limit itself to the strictly necessary for the implementation of the budgetary policy
and financial.
Article 42.
Accounting maps
The State Budget Act contains the following accounting maps:
a) Map 1-Map of expenditure by organic base mission, disaggregated by
programs from the subsectors of central administration and social security;
b) Map 2-Map relating to the functional classification of the expenditure of the subsector of the
central administration;
c) Map 3-Map concerning the organic classification of the expenditure of the subsector of the
central administration;
d) Map 4-Map concerning the economic classification of public revenue of the subsector
of the central administration;
e) Map 5-Map regarding expenses with external linkages and expenses
mandatory;
f) Map 6-Map relating to the functional classification of the expenditure of each system and
subsystem and the total of the social security subsector;
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g) Map 7-Map relating to the economic classification of the expenditure of each system and
subsystem and the total of the social security subsector;
h) Map 8-Map relating to the economic classification of revenue of each system and
subsystem and the total of the social security subsector;
i) Map 9-Map concerning the cessation tax revenues of the subsectors of the
central administration and social security;
j) Map 10-Map concerning transfers to the autonomous regions;
k) Map 11-Map relating to transfers to municipalities;
l) Map 12-Map concerning transfers to freguesias;
m) Map 13-Map concerning the multiannual contractual responsibilities of the
entities from the subsectors of the central administration.
Article 43.
Budgetary and financial statements
The budgetary and financial statements referred to in point c ) of Article 40 are the
following:
a) Consolidated statement of budget performance, prepared second to
budget accounting for the sub-sectors of central and the
social security, where the calculation of budget balances is demonstrated;
b) Consolidated statement of the budgetary performance of each basic mission
organic, prepared second to budgetary accounting, where to demonstrate the
calculation of budget balances;
c) Statement of budget performance, prepared according to accounting
budget, for the subsector of social security;
d) Estimates for the current year for the demonstrations indicated in the paragraphs
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previous;
e) Human resources plan and respect budget;
f) Demonstration of the evolution of the direct debt of the State by instrument;
g) Appropriations for payments for each budget programme, unfolded by the
respects actions;
h) Consolidated financial statements for the subsectors of the administration
central and social security, containing an estimate for the implementation of the year in
course.
Article 44.
External linkings and mandatory expenses
1-A The enrolment of expenditure and revenue on the accounting maps takes into account:
a) The budgetary policy options contained in the Stability Programme to which if
refers to Article 33, with a view to, inter alia, ensuring compliance with the
midterm goal;
b) The spending limits and revenue projections, provided for in the Law of Great
Options, referred to in Article 34;
c) The obligations under the Treaty on European Union.
2-The accounting maps shall still provide for the appropriations necessary for the realization
of the following mandatory expenses:
a) The expenses that result from law or contract;
b) The expenses associated with the payment of charges resulting from sentences of
any courts;
c) Others who, as such, are qualified by the law.
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CHAPTER II
Structure of the State Budget
SECTION I
Budget programmes
Article 45.
Caraterization of budget programmes
1-Budget programmes include the revenue and expenditure entered in the budgets
of the services and entities of the subsectors of the central administration and security
social.
2-The most aggregated level of the specification by programs corresponds to the foundational mission
organic.
3-For the purpose of the presentation and specification of budget programmes, the
disaggregation of the organic basic mission is done by programs and actions.
4-A Organic basic mission includes the set of expenditure and respect sources of
funding that compete for the realization of the different public policies
sectoral, in accordance with the organic law of the Government.
5-Budget programmes correspond to the set of shares, of varying duration, the
run by the entities provided for in paragraph 1, with a view to achieving objectives
endings, associated with the implementation of public policies and allow for the afferment of the
total cost of the same.
6-The shares correspond to basic units of realization of a budget programme,
may translate into activities and projects.
7-At the beginning of the legislature, the member of the Government responsible for each public policy
sector defined in the organic basic mission proposes, in the fulfillment of the programme
of the Government and in respect of the provisions of the following article, the creation of programmes, the
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its denomination, the programming period, the total costs, the sources of
funding and the goals to be achieved.
8-The programmes are approved at a meeting of the Council of Ministers.
9-The member of the Government responsible for each organic basic mission determines the
managing entity of the set of the respective programmes.
10-In the case of the organic basic mission associated with the organs of sovereignty, the definition of the
respect programs rests with the member of the Government responsible, upon preview
indication of the organ of sovereignty.
11-A The management of the programmes relating to the organs of sovereignty is ensured by the member
of the Government responsible for the area of finance.
12-Within the Ministry of Finance, the constitution of a program is mandatory
intended to cope with unpredictable and unavoidable expenses, as well as of an
non-binding program intended to manage and control the tax expense resulting from the
grant of tax benefits.
13-The provisions of this Article shall be regulated by decree-law.
Article 46.
Programs with common purposes
1-In matters relating to two or more organic basic missions, the programmes
that the concretizes maintain relative budgetary autonomy within the framework of each
of them.
2-In the case provided for in the preceding paragraph, the programs may have or may not have the same
denomination.
3-Submissions respecting two or more organic basis missions may converge
in a common programme where there are reasons for economics, efficiency and effectiveness.
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4-The member of the Government responsible for the political conduct of the common programmes is
determined by decision of the Government depending on the matter.
5-A The budgetary responsibility of the common programmes is to the members of the
Sectoral government.
6-A The choice of the managing entity of the programmes with common purposes is effectuated in the
scope of each organic basic mission under the terms of paragraph 9 of the previous article.
Article 47.
Appropriations of budget programmes
1-Without prejudice to the applicable accounting benchmark, the allocations associated with each
of the budget programmes are approved annually only on a cash basis.
2-The first year of implementation of expenditure entered into multiannual programmes shall
correspond with the year of the creation of the program.
3-In case of succession of programs, with identical characteristics and objectives, the
successor program must include a segregated information about transitioned charges.
Article 48.
Managing entity of budget programmes
1-Compete to the managing entity of the budget programmes, specifically:
a) Define and enforce in a systematic way a risk management model,
identifying and promoting best practices in the framework of prevention and
mitigation of financial and governance risks;
b) To propose and develop the programs of the organic basic mission according to the
provisions of Article 45 and assess the need for budgetary changes;
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c) Draw up the treasury budgets for each of the programmes, requiring
and by collecting the elements of the entities covered by the same, and by making the
necessary corrections, following the monitoring and control of the management of the
treasury;
d) Follow up the budgetary and financial control of the programme, in close
articulation with the competent control authorities, proceeding to the
recommendations that it considers appropriate to the guarantee of compliance with the
objectives of each program and the reliability, tempestivity and comparability of the
provision of budgetary, financial and costing information;
e) Define the indicators that allow the evaluation of the budget programme, in the
terms of Article 45, on shared and transparent platform for entities
that they compete for their execution;
f) Prepare budget, financial and treasury information consolidated by
program, including a cost clearance of the program's actions.
2-A The managing body of budgetary programmes collaborates with the Ministry of Finance,
with a view to budgeting by programmes and the definition of the multiannual framework.
3-It is the responsibility of the Government member to tutelage the adequacy of resources
humans and materials necessary for the proper execution of the duties and competences of the
managing entity of budgetary programmes.
4-The legal regime of the managing entity appears in a decree-law to be approved, within 180
days from the date of the entry into force of this Law.
SECTION II
Contents of the budgets of the Accounting Entity State and too many entities
public
Article 49.
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Budget of the Accounting Entity State
1-In the ECE budget, they shall be inscribed, inter alia:
a) The general revenue of the State from taxes, fees, fines, fines,
income resulting from securities and real estate, derived from their
detention or alienation, transfers of funds from the European Union;
b) The expenditure on financial applications of the State, debt burden, appropriations
specific, financing of the state's business sector, transfers to the
too many public entities, transfers that result from legal imperatives and
external linkings, including those that are intended for other subsectors of the
public administrations.
2-A The competence for the drafting of the ECE budget is of the Directorate General of the
Budget, being the remaining public entities subject to a duty of collaboration.
3-A ECE presents a show of budget performance, prepared second to
accounting on the cash basis, where the expenditure and revenue, balances are evidenced
global, current, of capital and primary.
Article 50.
Budget of public entities
The integrated entities in the subsector of the central administration present:
a) Revenue budget, specified by source of funding and classification
economic;
b) Budget of the expenditure, specified by program, by source of funding, and
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by economic and functional classification;
c) Demonstration with budget performance, prepared according to accounting
budget, evidencing the overall, current, capital and primary balances;
d) Multi-annual charges, by sources of funding;
e) Forecasting financial statements, with respect being the regulatory
approved by decree-lei;
f) Investment plan, by sources of funding, being the respect
regulation passed in decree-law.
Article 51.
Social security budget
1-The budget of the social security subsector presents:
a) The revenues, specified by economic classification, for the total of the sub-sector
by system and subsystem;
b) The expenses, specified by economic classification, for the total of the sub-sector
by system and subsystem;
c) The expenses of the sub-sector, specified by program and by functional classification,
which are also specified by system and subsystem and total of the sub-sector;
d) The cessation revenues of the social security subsector;
e) Administration expenses by economic and organic classification.
2-The social security budget contemplates yet:
a) The demonstration of the budget performance prepared according to accounting
budget, evidencing the overall, current, capital and primary balances;
b) Predictive financial statements.
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Title V
Implementation of the State Budget and process of revision and budget amendment
CHAPTER I
General scheme of the budget implementation
SECTION I
Principles of budgetary implementation
Article 52.
General principles of revenue and expenditure
1-No revenue can be liquidated or charged without, cumulatively:
a) Be nice;
b) Has been the object of correct budgetary enrollment;
c) Be classified.
2-A settlement and collection of revenue can be effected in addition to the values
provided for in the budgetary enrollment.
3-No expense can be authorized without, cumulatively:
a) The operative fact of the obligation complies with the applicable legal standards;
b) Has budgetary enrollment in the programme and in the service or entity,
have a fit and identify if the payments have sold out in the year or in years
futures in the forecast period for the programme;
c) Satisfy the requirements of economy, efficiency and effectiveness;
4-No expense can be paid without the commitment and the respect schedule of
expected payments are secured by the entity's treasury budget.
5-The annual amount of a program establishes the maximum ceiling of payments that
can be made.
6-The implementation operations of the revenue and expenditure budget shall comply with the
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principle of segregation of settlement and collection functions, as well as the first, and
of authorization of the expense and the respect payment, as to the Mondays.
7-A segregation of functions referred to in the preceding paragraph may establish between
different services or between different agents of the same service.
8-The commitments that give rise to payments in an economic year, other than the year
of its realization, or in several economic years contained in the programmes, may be
assumed by the entities and services without payment arrears, upon prior
authorization from the minister of guardian.
9-It is up to the managing entities of the programme to ensure compliance by the
entities and the services of the thematic register in the local and central systems of the
appointments referred to in the preceding number.
Article 53.
Competence
1-The Government defines by decree-law the budgetary implementation operations of the competence
of the members of the Government and the leaders of the services under their direction or guardian.
2-In each year, the Government establishes, by decree-law, the necessary provisions to
implementation of the State Budget Act, including that of social security concerning the
year in question, without prejudice to the immediate application of the standards of this Law which are
enforceable by themselves.
3-For the purposes of the provisions of the preceding paragraph, the Government shall approve in a single
decree-law the implementing rules of the State Budget, including those relating to the
budget of the services and entities of the subsectors of the central administration and the
social security.
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4-The provisions of the preceding paragraph shall not preclude that, during the economic year, they are
approved other decrees-budget implementation laws, where this is warranted.
5-The decree-law relating to the implementation of the budget of the services and entities of the subsectors
of the central administration and social security contains, inter alia:
a) The indication of the expenses or payments whose authorisation depends on the intervention
of the managing entities of the programmes belonging to the same basic mission
organic;
b) The deadlines for the authorization of expenses;
c) The remaining standards required for the implementation of the State Budget and each
one of the budgets by it covered.
6-The decree-law referred to in paragraphs 2 and 5 shall be approved until the fifteenth day after the
entry into force of the State Budget Act.
Article 54.
Treasury unit
1-A management of the state treasury and the entities that integrate the sub-sector of the
central administration obeys the principle of the treasury unit, which consists of the
centralization and maintenance of public monies in the State Central Treasure.
2-For the effects of the provisions of the preceding paragraph, the concept of public monies
understands the cash or cash equivalents available to the guard
of the said services and entities.
3-The principle of the treasury unit concretizes itself through the integrated management of the
Central treasury of the state and the direct public debt of the state.
4-Understand by direct public debt of the State to be derived from the contraction of
loans by the state, acting through the Treasury Management Agency and the
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Public Debt, IGCP, E.P.E. (IGCP, E.P.E.), as well as the resulting debt of the
financing of the entities indicated in Article 2 (4) that are included in the
central administration.
5-The member of the Government responsible for the area of finance may authorize, by title
excecional and grounded, that certain entities, your request, are
dispensed with the fulfillment of the principle of the treasury unit.
6-The exempted entities from the fulfillment of the principle of the treasury unit stay
obliged to comply with the standards of intermediation risk management approved by the
member of the Government responsible for the area of finance, upon advice from the IGCP,
E.P.E.
7-The default of the risk management standards referred to in the preceding paragraph does
incurrents the holders of the governing body of the entities concerned in liability
financial.
8-The cases of dispensation provided for in paragraph 5 are the object of express annual renewal,
preceded by the opinion of the IGCP, E.P.E.
Article 55.
Treasury Management of the Accounting Entity State and the public entities
1-A ECE draws up a treasury budget and must have a management model that
allow to achieve the following goals:
a) Ensuring that there are sufficient financial availabilities to settle the
bonds as they are going to be due, under the terms of paragraph 4 of the
article 52;
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b) Maximize the return of the available treasury;
c) Allow the efficient management of financial risks;
d) Allow for daily reconciliation between bank information and accounting by
source of funding.
2-Public entities elaborate, too, treasury budgets that guarantee the
objectives set out in the paragraphs a) and d ) of the previous number.
3-The treasury budget is monthly, with sliding forecast for the twelve months
following, and is referred monthly to the ECE.
4-A realization of any expense to which you are consignothing determined revenue lies
also conditioned on the collection of this revenue in equal amount or to its liquidation,
owing to the schedule of the payment, in these circumstances, being associated with the date of
your effective charging.
Article 56.
Implementation of the social security budget
1-Incumbent to the Institute of Financial Management of Social Security, I.P. (IGFSS, I.P.), the
overall management of the implementation of the social security budget, in respect of the willing
in this Law and in the standards specifically applicable within the framework of the system of
social security.
2-The budgetary balances ascertained in the social security budget are used
upon prior authorization to be granted by the Government, through dispatching the
members of the Government responsible for the areas of finance and social solidarity
3-The collections of revenue and the expenditure payments of the social security system
compete for IGFSS, I.P., which assumes the unique treasury skills of the system
of social security in articulation with the State Treasurer.
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4-A The implementation of the social security system budget is on the basis of the respective
treasury plans, drawn up by the IGFSS, I.P.
5-The recourse to credit within the social security system is only permitted to
IGFSS, I.P., and as long as it does not give rise to the founded debt.
6-The IGFSS, I.P., can only carry out financing operations upon authorization to
grant through dispatch of the members of the Government responsible for the areas of
finance and social security.
7-The ins and outs of Social Security System funds are effected through the
IGFSS, I.P., directly or through collaborating entities, where if
keep deposited their surplus and cash availabilities.
Article 57.
Own recipes
1-Constitutes own revenue of the entities that integrate the subsector of the central administration
the proceeds from the transactions arising from the exercise of the mercantile activity in regime of
competition, as well as the amounts that correspond to the contraption of the service
provided.
2-Constitutions still revenue from the management of the entities that integrate the subsector of the
central administration those coming from donations, inheritances or legacies of private individuals
that, at the will of these, are specifically intended for these entities and, well
so any other recipes that by law or contract should belong to them.
3-Are entities with special autonomy for the management of revenue:
a) The services and entities that have their own revenue for coverage of the
your expenses, under the law;
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b) The entities that have a special autonomy regime by imperative
constitutional or that decorates from the legal regime of educational institutions
top;
c) The entities that have autonomy that decorates from integration in the areas of the Service
National Health and those for regulation and supervision;
d) The specially competent bodies for the management of community funds
with the autonomy indispensable to its management.
4-The services and entities referred to in the preceding paragraphs use as a matter of priority
your own income not consigned by law to specific purposes for the coverage of the
respects expenses.
5-A The percentage of the management balance generated by the use of the general revenue implies the
reduction of the management balance in the value that it is corresponding to.
CHAPTER II
Transitional arrangements for budget implementation
Article 58.
Transitional arrangements for budget implementation
1-A The term of the State Budget Act is extended when it occurs:
a) The rejection of the proposed state budget bill;
b) The taking of possession of the new Government, if this occurred between July 1 and 30
of September;
c) The expiry of the proposed state budget bill by virtue of the resignation
of the proposer Government;
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d) The non-parliamentary vote of the proposed state budget bill.
2-A extension of the duration of the State Budget Act covers the respect
articulated and the corresponding maps, as well as decrees-laws of execution
budget.
3-A extension of the duration of the State Budget Act does not cover:
a) The legislative authorizations contained in your articulation which, according to
Constitution or the terms in which they were granted, should lapse at the end of the
economic year to which he respected the law;
b) The authorization for the collection of the recipes whose schemes were intended to invigorate
only until the end of the economic year to which it complied with that law;
c) The authorization for the realization of the expenditure relating to programmes that should
extinguish it by the end of the economic year to which it respected that law.
4-During the transitional period in which the extension of the law of the law is maintained
State budget relating to the previous year, the monthly implementation of the programmes in
course may not exceed the twelfth of the total expenditure of the organic basic mission, with
exception of expenses regarding social benefits due to beneficiaries of the system
of social security and expenditure on financial applications.
5-During the transitional period in which the extension of the law of the law is maintained
Budget of the State concerning the previous year, the Government may:
a) Issue public debt founded, in the terms provided for in the respect of legislation;
b) to the limit
of a twelfth of the maximum amount authorized by the Budget Act of the
State in each month in which the same vigore transiently;
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c) Grant personal guarantees, in the terms provided for in the respect of legislation.
6-The revenue and expenditure operations implemented under the transitional scheme are
imputed to the accounts relating to the new economic year started on January 1.
7-For the purposes of the provisions of the preceding paragraphs, the decrees-law enforcement of the laws of the
State budget that enters into force with delay establish the procedures to
adopt.
CHAPTER III
Review process and budget amendment
Article 59.
Budget reviews
1-Compeve to the Assembly of the Republic the budgetary revisions involving:
a) The increase in total expenditure of the central administration's subsector and security
social;
b) The increase in the total expenditure of each organic basic mission;
c) Amendment of the budget programmes that entail the increase in commitments
of the State;
d) Transfers of monies between programmes corresponding to different missions
of organic basis with the exception of those effected by means of programme monies
referred to in the first part of Article 45 (12);
e) An extra respect for the limits of net borrowing fixed in the law of the
Budget of the State;
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f) The increase in the expenditure of the social security budget, with the exception of
expenses regarding social benefits due to the beneficiaries of the system of
social security;
g) Transfers of appropriations from the social security budget between different large
functions or functions in respect of the selective suitability of the sources of
funding enshrined in the Bases Act of the Social Security System.
2-The remaining budgetary changes fall within the competence of the Government, in the terms of
decree-law of its own.
3-Budget changes in the competence of the Government are communicated to the Assembly
of the Republic under the terms of the ( d ) of Article 75 (1)
Article 60.
Budgetary changes in the competence of the Government
It shall, inter alia, compete with the Government for the budgetary changes consisting of a
increase in the total amount of the expenditure of each organic basic mission, when the
same result:
a) From management balances or appropriations from previous years whose use is permitted
by law;
b) From the use of the monies of the programme referred to in the first part of paragraph 12 of the
article 45;
c) From the increase in effective own or consigned revenue, accounted for as
revenue of the year itself.
Article 61.
Publication of budgetary changes
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In cases where the respect for publicity is not ensured through the compulsory
publication in the Journal of the Republic of the acts that approve them, the budgetary changes and the
maps of the State Budget law, modified by virtue of the changes in them
introduced during the quarter concerned, are disclosed on the entity's Electrophic page
in charge of the monitoring of the budget implementation:
a) By the end of the following month every quarter, in the case of the first three
trimesters of the economic year;
b) By the end of the month of February, in the case of the 4 th quarter.
Title VI
Accounting, reporting, control and transparency
CHAPTER I
Accounting system
Article 62.
General principles
1-The State organizes a budget accounting for all its revenue and expenditure,
a financial accounting for all of your assets, liabilities, income and expenses, and
prepares budgetary and financial statements, individual and consolidated, which
provide a true and appropriate picture of the budget implementation, of the position
financial, of the changes in financial position, performance and cash flows.
2-Public entities shall prepare budgetary and financial statements that
provide a true and appropriate picture of the budget implementation, of the position
financial, of the changes in financial position, performance and cash flows.
Article 63.
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Accounting system
1-The accounting system of the State and of the remaining public entities included in the scope
of the application of this Law Structure to budgetary and financial information so as to
enrol, classify and record the elements of the budget statements and
financial.
2-The accounting system comprises a budget accounting, an accounting
financial and a management accounting, in the terms of accounting normalization in
vigour.
3-A Financial accounting records the operations that affect the financial position, the
financial performance and cash flows.
4-A Budget accounting provides a record of the implementation of the budget and of
possible changes.
5-A management accounting allows to evaluate the outcome of the actions that contribute to the
fulfillment of public policies and the fulfillment of the objectives in terms of services to
provide for citizens.
Article 64.
Interim financial statements
1-A ECE and the remaining public entities prepare, by the end of the following second month
to the quarter, budgetary and financial statements, individual and consolidated.
2-The budgetary and financial statements shall have an identical structure to the
accounting statements included in the budget documentation.
3-The provisions of this Article shall not apply to the finite quarter on December 31.
CHAPTER II
Annual account of the Accounting Entity State and public entities
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Article 65.
Annual reporting of public entities
1-A ECE and public entities draw up, by March 31 of the year following the year
economic to which they respect them, the reporting documents that
hand over to the member of the Government responsible for the area of finance, to the member of the
Government of the tutelage and the Court of Auditors.
2-The accountability documents integrate:
a) The management report;
b) The budgetary and financial statements;
c) Other documents required by law.
Article 66.
State General Account
1-The Government submits to the Assembly of the Republic, by May 31 of the year following the year
economic to which they respect them, the budgetary and financial statements
consolidated from the subsectors of the central administration and social security, which
integrate the General Account of the State.
2-A General Account of the State shall comprise the set of the accounts relating to the entities which
have integrated the perimeter of the state budget, as defined in Article 2 and
comprises a report, the budgetary and financial statements and the notes to
budget and financial statements.
3-Budget and financial statements should adopt the accounting system that
is in force for public administrations.
4-A The General Account of the State shall be referred to the Court of Auditors.
5-The opinion of the Court of Auditors shall be accompanied by the responses of the entities to the
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issues that this body formulating them.
Article 67.
Maps that accompany the General Account of the State
The General Account of the State is accompanied by the maps set out in Article 42.
CHAPTER III
Control and responsibilities
Article 68.
Control of budget implementation
1-A The implementation of the State Budget, including the social security budget, is
object of administrative, jurisdictional and political control, and has as objectives:
a) The confirmation of the appropriate accounting record, and the true reflection and
appropriate of the operations carried out by each entity;
b) The verification, monitoring, evaluation and information on the legality,
regularity and good management, in respect of programs and actions of entities of
public or private law, with an interest in the scope of management or guardian
government in public finance, national and European Union,
as well as other public financial interests;
c) The verification of the fulfillment of the objectives by the managers and responsible to whom
have been assigned resources.
2-Administrative control comprises the operational, sectoral and strategic levels,
defined in reason of the nature and scope of intervention of the services that integrate it.
3-Administrative control presupposes the coordinated acting and the observance of criteria,
methodologies and benchmarks in accordance with the nature of the interventions to be carried out, without
material injury to the powers of the audit authority under the law.
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4-The jurisdictional control of the implementation of the State Budget competes with the Court of
Accounts and is effected in the terms of the respect of legislation, without prejudice to the acts that
fit the remaining courts, specifically the administrative and tax courts and the
judicial tribunals, within the scope of the respective competences.
5-A Assembly of the Republic exercises political control over the implementation of the Budget
of the State and effective the corresponding political responsibilities, in the terms of the
provisions of the Constitution, in the Rules of the Assembly of the Republic, in this Law and
in the remaining applicable legislation.
Article 69.
Control system of the financial administration of the State
1-The control system of the State financial administration comprises the fields
budgetary, economic, financial and heritage and aims to ensure consistent exercise and
articulated control within the framework of public administrations.
2-Integrate the control system of the financial administration of the state to its own
entity responsible for the execution, the internal watchdog bodies, the entities
hierarchically superior of superintendence or guardian and the organisms of
inspection and control of the sector of public administrations.
Article 70.
Cross control
1-The entities responsible for the control have control powers over
any entities, public or private, in the cases where they benefit from
grants or other financial aid granted by the State entity and the
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too many public entities or those powers that show themselves indispensable to the
control, by indirect and cross-route, of budget implementation.
2-Cross-control is effected only in cases where it is indispensable and in the
measure strictly necessary for the control of budget implementation and verification of the
legality, regularity and economic and financial correctness of the application of the monies and
other public assets.
Article 71.
Political control
1-In the context of political control, the Assembly of the Republic monitors the implementation of the
State budget and the rest budgets of the central administration and ECE and
approves the General Account of the State.
2-The Government annually informs the Assembly of the Republic of audit programs
which promotes on its initiative, in the framework of the administration's control systems
state financial, accompanied by the respected terms of reference.
3-A Assembly of the Republic may request the Government and the Court of Auditors
supplementary audits.
4-The results of the audits referred to in the preceding paragraph are sent to the
Assembly of the Republic within one year, extended up to 18 months, for reasons
duly justified.
5-The Government responds in 60 days to the recommendations of the Assembly of the Republic that
to inciditate on the audits referred to in paragraph 3.
Article 72.
Responsibility in the context of budget implementation
1-Political office holders respond policy, financial, civil and criminally
by the acts and omissions practicing in the context of the exercise of its functions of
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budget implementation, under the Constitution and too much applicable legislation, to which
typifies criminal and financial infractions, as well as respect for sanctions.
2-The leaders and employees of public entities are responsible to discipline,
financial, civil and criminally by their acts and omissions that it results in violation of the
budget implementation standards, pursuant to Article 271 of the Constitution and the
applicable legislation.
3-A The financial responsibility is effective by the Court of Auditors, pursuant to the
respects legislation.
CHAPTER IV
Transparency
Article 73.
Duty of disclosure
1-In accordance with the principle of budgetary transparency, they are made available to
public, in accessible format, the information on the programs of the subsectors of the
central government and social security, the objectives of fiscal policy, the
budgets and the accounts of the sector of public administrations, by subsector.
2-The Government must create an electronic platform on site on the Internet, public access
and universal, in which it is published, in a simple and easily apprehensible manner, the information
referred to in the previous number.
3-For the purposes of the provisions of the preceding paragraphs the proposed budget of the budget of the
State, the State Budget and the General Account of the State are made available,
respects:
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a) Up to the first business day following that of the respective delivery in the Assembly of
Republic;
b) Up to the second day useful to that of the publication in Journal of the Republic ;
c) Up to the last day of the month of May of the following year to which I relate.
Article 74.
Duty of information
1-A Budget transparency implies the existence of a duty of information, in the terms
following:
a) The member of the Government responsible for the area of finance may require from the
organisms that integrate the sector of public administrations an information
detailed and justified of the observance of the measures and procedures that have
to comply with the terms of this Law;
b) Whenever you check any circumstance that involves the danger of
occurrence, in the budget of any of the services and or entities that integrate the
sector of public administrations, of an incompatible budgetary situation with
the fulfillment of the budgetary objectives, the respective member of the Government shall
refer, immediately, to the member of the Government responsible for the area of
finances a detailed and justified information about the occurred,
identifying the revenues and expenses that originated it, and a proposal to
regularization of the verified situation;
c) The member of the Government responsible for the area of finance may ask the Bank for
from Portugal and to all credit institutions and financial companies all the
information that would fall back on any service or entity of the sector of the
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public administrations and that it considers relevant for the verification of the
compliance with this Law;
d) The member of the Government responsible for the area of finance may request
fundamentedly to the entities that integrate the subsectors of administrations
regional and local, supplementary information on the budgetary situation and
financial;
e) The member of the Government responsible for the area of finance may also request the
Bank of Portugal and to all credit institutions and financial companies
information on entities from the subsector of regional and local administrations that
be customers of those institutions and societies, with a view to compliance
of this Law.
2-With the aim of allowing a consolidated information of the administrations sector
public, the autonomous regions and local authorities should refer, in the terms to
define in the decree-budget implementation law, the following elements:
a) Budgets and annual accounts;
b) Quarterly accounts;
c) Information on the contracted debt and on the assets expressed in securities of the
public debt;
d) Information on budget implementation, particularly commitments
assumed, the processings effected and the amounts paid, as well as the
updated forecast of budget implementation for the whole of the year and the Balts, with
monthly regularity.
Article 75.
Special duty of information to political control
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1-The Government makes available to the Assembly of the Republic all informative elements
necessary to enable it to monitor and control, in an effective manner, the execution of the
Budget of the State, specifically reports on:
a) The implementation of the State Budget, including that of social security;
b) The use of appropriations within the framework of the integrated programme in the basic mission
organic from the Ministry of Finance intended to cope with expenses
unpredictable and unavoidable;
c) The implementation of the consolidated budget of the services and entities of the sector of the
public administrations;
d) The budget amendments approved by the Government;
e) The public debt management operations, the recourse to public credit and the
specific conditions of public borrowing concluded in the terms provided for
in the State Budget Act and the legislation on the issuance and management of the
public debt;
f) The loans granted and other active credit operations carried out in the
terms set out in the State Budget Act;
g) The personal guarantees granted by the State pursuant to the Budget Act of the
State and other applicable legislation, including the nominal relationship of the beneficiaries
of the avales and fiances granted by the State, with individual explication of the
respect values, as well as of the overall amount in force;
h) The financial flows between Portugal and the European Union.
2-The informative elements to which the points are referred a ) and b ) of the previous number are
made available by the Government to the Assembly of the Republic on a monthly basis, and the elements
referred to in the remaining paragraphs of the same number are made available quarterly,
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owing, in any case, the sending respects to be made in the 60 days following the
period to which they respect.
3-The Court of Auditors sends to the Assembly of the Republic the final reports referring to the
exercise of your budgetary control skills.
4-A Assembly of the Republic may request the Government, in the terms provided for in the
Constitution and the Rules of the Assembly of the Republic, the provision of any
supplementary information on the implementation of the State Budget, in addition to the
provided for in paragraph 1, and such information shall be provided in a period not exceeding 60
days.
5-A Assembly of the Republic may request the Court of Auditors:
a) Technical information related to the respective control functions
financial;
b) Interim reports and opinions on the results of the monitoring of the implementation of the
State budget throughout the year;
c) Any technical information or clarifications necessary for the control of the
budget implementation, the appreciation of the State Budget and the opinion on the
General Account of the State.
Article 76.
Acting information and application of corrective measures
1-Failure to comply with the duties set out in this Title implies the clearance of the
respects counterordinational, financial and political responsibilities.
2-A violation of the duties referred to in Articles 73 and 74 determines the retention
partial or full effect of the effectivation of the State Budget transfers, until the
situation created has been properly sanated, in the terms to be defined in the decree-law of
budget implementation, and the application of counterordinations to be defined in a diploma of their own.
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