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LOCAL SELF-GOVERNMENT IN PORTUGAL. IMPORTANT DATES Portuguese Constitution, 2nd April 1976 : proclamation of decentralisation ("autonomous regions“ mentioned) 1984 Decree law : local authority status given
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IMPORTANT DATES Portuguese Constitution, 2nd April 1976: proclamation of decentralisation ("autonomous regions“ mentioned) 1984 Decree law: local authority status given 1991 Framework law: administrative regions obtain official status (they don’t exist yet...) 1998 Act: administrative regions are created (idem) 2002 Act: on how local governments are organised STRUCTURE The local government Local authorities provided for in the Constitution Internal structure of powers Participative democracy Local and regional referenda Other tools for direct participation
Legislative and constitutional framework Constitution: • Unitarian and decentralised central government • Autonomous local governments Recent legislative framework: • Competences • Attributions • Statuses
Local authorities provided for in the Constitution • Administrative regions have legally the right to exist but don’t in reality • Two autonomous regions exist • Municipalities (308): where the main parts of power lie • Districts (4252)
Metropolitan areas Porto and Lisbon Principle of local continuity Deliberative body (metropolitan assembly (assembleia metropolitana)) and two executive bodies (metropolitan council (junta metropolitana) and metropolitan executive committee (comissão executiva metropolitana)) District and municipal associations Freguesias association Inter-municipal communities (in charge of general objectives) Municipal associations (in charge of specific objectives) Associations of local government
Districts – delimited and decentralised areas of the central government • Do not have the status of legal entity (unlike the administrative regions) • Article 291C says that districts exist as long as administrative regions are not put into practice. • Organisation: • Assembly • Consultative council • Civil governor
Local authorities’ competences • Freguesias: very local administrative unit, responsible for cemetery maintenance, road maintenance of the parish, day-care centres, nursing homes, ... and the competences that municipalities devolve • Municipalities: rural and urban policies, energy, transport, patrimony, health, social policies…possibility to share competences with the central government • Districts: education, culture, environment, health… • Regions: economic and social development, spatial planning, environment, education, youth and sports… • Inter-municipalities: coordination planning, economic and social management
Career system Unified system System is based on the status of State official Source: "Structure and Operation of Local and Regional Democracy in Portugal”, Council of Europe, 2006 Local authorities’ staff
Conclusion Recent decentralisation, suspended and uncompleted The administrative regions are still not put into practice...