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Decree Law No. 149/2017


Publication: Republic Diary No. 234/2017, Series I of 2017-12-06
  • Issuer:
  • Diploma Type: Decree Law
  • Number: 149/2017
  • Pages: 6530 - 6536

Summary in plain english

What is it?

This decree-law creates:

  • the State Centre for Legal Skills, also called JurisAPP, to provide legal services to the entire Public Administration
  • the Public Administration Legal Services Network (REJURIS — Rede de Serviços Jurídicos da Administração Pública), to share knowledge and legal resources among the various ministries.
What will change? JurisAPP will be created to replace CEJUR

The creation of JurisAPP will be based on the Legal Centre of the Presidency of the Council of Ministers (CEJUR — Centro Jurídico da Presidência do Conselho de Ministros), but will have more responsibilities.

Among other things, JurisAPP's will be responsible for the following:

  • in the area of ​​public procurement, infringements and disciplinary proceedings:
    • provide legal information to all members of the Government
    • create and provide drafts
  • provide legal advice, assistance and counselling:
    • to the Prime Minister
    • to the Council of Ministers
    • to any member of Government included in the Presidency of the Council of Ministers (PCM) or benefiting from the shared services of PCM
    • to any member of the Government when JurisAPP’s management believes it to be necessary
  • provide technical support to the Government in the evaluation:
    • of the impact of laws to be approved
    • of the quality control, validity and simplification of laws submitted to the Council of Ministers for approval
  • represent members of the Government in court cases related to the exercise of their duties
  • in proceedings that take place in arbitration courts, represent:
    • the Prime Minister
    • the Council of Ministers
    • any member of the Government included in the Presidency of the Council of Ministers (PCM) or benefiting from the shared services of PCM.

To increase the offer of training for public administration lawyers, JurisAPP will also promote:

  • training campaigns
  • topical meetings
  • seminars.

It is anticipated that JurisAPP will gain more responsibilities once its operation has been assessed during the initial period.

DIGESTO — Integrated System for the Treatment of Legal Information and PCMLEX (its legislative information database) will also be part of JurisAPP, ensuring the handling of legal information.

REJURIS will be created

The Public Administration Legal Services Network (REJURIS) will ensure cooperation and the sharing of knowledge and legal resources among the various ministries.

REJURIS will be composed of the Directors of Legal Services of the general secretariats or equivalent and will be headed by the Director of JurisAPP.

REJURIS will be responsible for:

  • promoting knowledge sharing in the legal area and the harmonization of good practice in the areas of public procurement, infringements and disciplinary proceedings
  • discussing the models and rules to cluster State legal services in the general secretariats which provide support to each of the ministries and in JurisAPP
  • identifying State workers with legal skills and the areas in which they are specialized.
The outsourcing of legal services will be avoided

The Public Administration can only outsource legal services if there are no available people, including in JurisAPP, with experience, training or degree of specialization that can guarantee this service with the necessary quality to the services or bodies that need this legal service.

What are its benefits?

This decree-law is intended to:

  • improve the internal response capacity of Public Administration in legal areas
  • reduce public spending in outsourcing legal services.
When does it come into effect?

This decree-law comes into effect the first day of the month after being published.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.