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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)
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