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Law n.º 8/95 of March 29: Access to Administrative Documents


Under the terms of Article 164, sub-paragraph d), Article 168, paragraph 1, subparagraphs b), d) and v), and Article 169, paragraph 3 of the Constitution, the Assembly of the Republic rules as follows:

Article 1

Articles 10 and 1,7 of the Law No. 65/93 , of 26 August, shall be replaced by the following provisions:

Article 10

[…]

1. The Public Administration may refuse access to documents where such access risks to disclose commercial or industrial secrets or secrets relating to the internal life of companies.

2. It is forbidden to use information without having due respect for copyrights or patent rights; it is also forbidden to reproduce, diffuse or use documents or information therein in such a way as to amount to unfair competition.

3. Personal data communicated to third parties shall not be used for purposes other than those under which access was granted, and shall otherwise entail liability for losses and damages under the terms laid clown in the law.

Article 17

[...]

The person concerned shall be entitled to appeal before the courts against any final decision as mentioned in paragraph 3 of Article 16 above, under the terms of the legislation concerning the administrative and fiscal courts and pursuant to the procedural rules, adapted as appropriate, that apply to the procedure concerning intimation to consuls documents or obtain certified copies.


Article 2

The following provisions shall be added to Article 15 [of the Law No. 65J93, of 26 August] under a new paragraph 5:

"Appeals may only be lodged subject to a complaint having previously been introduced in accordance with the provisions of paragraph 4 of this Article; the provisions of Article 17 shall apply to such appeals."


Article 3

The Committee of Access to Administrative Documents (CADA) shall follow the organic rules that appear in the Appendix to this law.


APPENDIX

Organic rules of the Committee of Access to Administrative Documents

Article 1

Services supporting the Committee of Access to Administrative Documents

1. The Committee of Access to Administrative Documents (CADA) shall have its own technical and administrative services to support its activities.

2. The Services supporting the CADA shall be empowered to perform any technical or administrative tasks required from them by the president within the Committee's powers.

3. The president of the Committee shall supervise the services supporting the CADA.


Article 2
Secretary

1. A secretary shall run the Services supporting the CADA; for all legal purposes, the secretary has the rank of director.

2. The secretary shall be empowered to:

(a) prepare the draft activity plans and the drain budget and ensure the implementation of both the plan and the budget;

(b) prepare the draft report, as mentioned in sub-paragraph f) of paragraph 1 of Article 20 of the Law No. 65/93, of 26 August;

(c) prepare the means for the evaluation and control of the activities of the services as well as the means for the implementation of the budget, in accordance with the law;

(d) take care of the administration and management of the staff;

(e) submit to the president any masters requiring his/her decision or opinion;~

(f) Exercise any other powers entrusted on him/her by the law or surrogated.

3. With observance of the legal requirements for the recruitment of directors, the president shall be empowered to appoint the secretary, upon a proposal by the Committee; appointment shall be for a period of three years, renewable, and shall follow the rules applicable to the situation of "comissão de serviço".


Article 3

Staff

1. The Services supporting the CADA shall be staffed in accordance with the appended chart.

2. The president shall be empowered to appoint the members of the staff from civil servants, by way of either their being requisitioned or seconded in accordance with both the legislation in force for the civil service and the decisions of the Committee.

3. The requisition of staff shall not be subject to authorisation from the service previously employing the person concerned.

4. The rules applying to the civil service shall also apply to the staff serving the CADA.

5. The Committee may authorise the president to conclude fixed-term contacts for the performance of a given task or for general employment purposes, in accordance with the law.


Article 4

Budget

1. The Committee shall operate on the basis of an annual budget, under a heading of the budget of the Assembly of the Republic.
2. The proposals for the draft budget, as well as any proposals for budgetary amendments shall be subject to the Committee's approval.


Article 5

Powers of management

1. Within the framework of guidelines issued by the Committee, the president shall exercise his/her powers relating to staff management, finances, property and administration, in accordance with the lega1 rules applicable to the rulers of autonomous entities.

2. Subject to, autorisation from the Committee, the president may delegate on the secretary the powers mentioned in the preceding paragraph.


Article 6

Travel and per diem allowances

1. The members of the Committee shall be entitled to travel and per diem allowances, under such terms as those prescribed in the law for directors-general.

3. The payment of any allowances due in respect of travelling of representatives of the Autonomous Regions shall be governed by the provisions in force in the respective Region.


CHART

[Abridged version]

Secretary … 1
High level administrators (legal masters) … 5
High level administrator (library and documentation) ... 1
Systems operator (data processing) … 1
Administrators (different fields) … 5
Driver … 1
Administrative assistants … 1


(Translation by Cândido Cunha)