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Decree Law No. 57/2019


Publication: Republic Diary No. 83/2019, Series I of 2019-04-30
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 57/2019
  • Pages: 2284 - 2287

Summary in plain english

What is it?

This decree-law establishes rules regarding the transfer of powers from the municipalities to the parishes’ bodies (namely the parish council).

The National Assembly decided, upon Government decision, to transfer powers from the State to the local autarchies and municipal entities. In order to put this into practice, it is necessary that decree-laws like this one establish in detail how it shall be executed.

What is going to change? The parish councils now have powers to manage, for instance:
    • the green spaces;
    • the cleaning of the public roads and spaces;
    • fairs and markets;
    • the usage and occupation of the public roads;
    • the urban furniture installed in the public space (children’s playgrounds, for instance);

Until now, these were powers held by the municipalities.

To exercise these powers, the parish council must have the necessary resources (human, material and financial resources, for instance).

How are these municipality’s resources transferred to the parishes?

1. The city council and the parish councils submit a tender for this purpose. They must do so within 90 days from this decree-law’s entry into force;

2. This tender is sent, within 30 days, to the municipal and parish assemblies for approval;

3. After the favourable approval of these bodies, the transfer deed is signed within 15 days.

The powers transferred to the parishes may be returned to the municipality, upon an agreement between both parties.

The Municipality may exercise the powers deemed as of general interest and which are crucial for its direct management.

The transfer of powers implies the transfer of city council’s employees to the personnel map of the parish council.

What advantages does it bring?

This decree-law:

    • ensures the reinforcement of the local autonomy;
    • promotes the decentralization;
    • contributes for the development of the country’s regions;
    • increasingly brings the State closer to the citizens, safeguarding their interests.
When does it enter into force?

This decree-law enters into force on the day following its publication.

The parishes which want to postpone the transfer of powers to 2020 shall inform the General-Directorate of Local Autarchies up to 60 days after this decree-law enters into force.

Original Version

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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.