A Professional Order ( pt, Ordem), more generically known as a professional public association ( pt, associação pública profissional) is, in the
Portuguese legal system
The Law of Portugal is the legal system that applies to Portugal. It is part of the family of the civil law legal systems, based on Roman law. As such, it has many common features with the legal systems found in most of the countries in Continen ...
, a public entity with an associative structure representing a profession that should be subject to control of access and exercise. The Order is also responsible for the elaboration of specific technical and
deontological
In moral philosophy, deontological ethics or deontology (from Greek: + ) is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, ra ...
norms and has an autonomous disciplinary regime by imperative of tutelage, in the pursue of
public interest
The public interest is "the welfare or well-being of the general public" and society.
Overview
Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
.
General Principles
The establishment of professional Order is exceptional and can only take place when its purpose is to safeguard a public interest of particular importance that the State cannot directly ensure. Its creation must be adequate, necessary and proportionate to regulate the legal property to be protected, and to respect to professions that should be subject to it.
All Orders are
legal person
In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for ...
s governed by
public law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
and each regulated profession can only correspond to one Order.
Nevertheless, the same Order may represent more than one profession, provided that they all have a common technical or scientific basis.
Incorporation of an Order
Orders are incorporated by
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, therefore incorporation of an Order starts with a
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
tabled by the
Assembly of the Republic and approved by the
President of the Republic.
The creation of new Order is always preceded by an independent study on its need to achieve the public interest and their impact on the regulation of the profession. The study also involves the
hearing
Hearing, or auditory perception, is the ability to perceive sounds
In physics, sound is a vibration that propagates as an acoustic wave, through a transmission medium such as a gas, liquid or solid.
In human physiology and psycholog ...
of the existing professional associations and a
public consultation
Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...
.
Denomination
Under the law, the term Order (in Portuguese: ''Ordem'') is to be used only when the exercise of the regulated professions depends on the prior attainment of a
bachelor's
A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six ye ...
degree or higher. Should the profession depend on the attainment of any other degree, the association is to be called a Chamber (in Portuguese: ''Câmara'').
Colleges, Mace-Bearers and Symbols
Orders can be internally subdivided into specialized colleges (in Portuguese: Colégios das Especialidades), which group different areas of expertise within the Profession. For example, the Order of Biologist has four specialized colleges that group four major fields: the College of
Environment
Environment most often refers to:
__NOTOC__
* Natural environment, all living and non-living things occurring naturally
* Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
, the College of
Biotechnology
Biotechnology is the integration of natural sciences and engineering sciences in order to achieve the application of organisms, cells, parts thereof and molecular analogues for products and services. The term ''biotechnology'' was first used b ...
, the College of
Education
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Va ...
, and the College of
Human Biology and Health.
The President of an Order has the title of Mace-Bearer (in Portuguese: ''Bastonário'').
In accordance to Portuguese Law, Orders are entitles to their symbols,
chains of office and
flag
A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design empl ...
s. Under these
prerogative
In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. The ...
s, most Orders, namely the oldest ones have adopted as their symbols,
coat or arms, such is the case of the: Order of the
Medical Doctors
Doctor of Medicine (abbreviated M.D., from the Latin ''Medicinae Doctor'') is a medical degree, the meaning of which varies between different jurisdictions. In the United States, and some other countries, the M.D. denotes a professional degree. T ...
, the Order of the
Engineer
Engineers, as practitioners of engineering, are professionals who invent, design, analyze, build and test machines, complex systems, structures, gadgets and materials to fulfill functional objectives and requirements while considering the l ...
s, the Order of the
Engineering Technicians
An engineering technician is a professional trained in skills and techniques related to a specific branch of technology, with a practical understanding of the relevant engineering concepts. Engineering technicians often assist engineers and engi ...
, the Order of the
Economist
An economist is a professional and practitioner in the social sciences, social science discipline of economics.
The individual may also study, develop, and apply theories and concepts from economics and write about economic policy. Within this ...
s and the Order of the
Veterinarian
A veterinarian (vet), also known as a veterinary surgeon or veterinary physician, is a medical professional who practices veterinary medicine. They manage a wide range of health conditions and injuries in non-human animals. Along with this, vet ...
s.
The Order of the Nurses had adopted and
heraldic badge
A heraldic badge, emblem, impresa, device, or personal device worn as a badge indicates allegiance to, or the property of, an individual, family or corporate body. Medieval forms are usually called a livery badge, and also a cognizance. They are ...
, while the remaining Orders have adopted
logo
A logo (abbreviation of logotype; ) is a graphic mark, emblem, or symbol used to aid and promote public identification and recognition. It may be of an abstract or figurative design or include the text of the name it represents as in a wordma ...
s.
Legal Framework
The
Constitution of the Portuguese Republic, under Article 267 (4), establishes that Orders can only be incorporated to satisfy specific needs and that they cannot perform the functions of trade unions associations. Furthermore, their internal organization must be based on respect of the rights of its members and the democratic formation of their organs.
Existing Orders
Order of the Pharmacists(founded in 1835 as the Pharmaceutical Lusitanian Society and legally succeeded by incorporation as Order in 1972)
*
Order of the Lawyers (incorporated in 1926)
*
Order of the Engineers (incorporated in 1935)
*
Order of the Physicians (incorporated in 1938)
Order of the Customs Agents(incorporated first as a Chamber in 1945 and then as Order in 2015)
Order of the Veterinarians(incorporated in 1991)
Order of the Architects(incorporated in 1998)
*
Order of the Biologists (incorporated in 1998)
Order of the Economists(incorporated in 1998)
Order of the Nurses(incorporated in 1998)
Order of the Dentists(incorporated in 1998)
Order of the Chartered Accountants(incorporated in 1999)
Order of the Engineering Technicians(incorporated in 1999)
Order of the Statutory Auditors(incorporated in 1999)
Order of the Solicitors and Enforcement Agents(incorporated first as a Chamber in 2003 and then as Order in 2015)
Order of the Notaries(incorporated in 2004)
Order of the Nutritionists(incorporated in 2011)
Order of the Psychologists(incorporated in 2008)
Order of the Social Workers(incorporated in 2019)
Bibliography
* COSTA, Carlos Filipe Fernandes de Andrade. «Ordens profissionais : Associações de empresas (o caso particular da ordem dos advogados)» in ''E-publica'', vol. 2, n.º 1, março de 2015, pp. 69–98.
ISSN 2183-184x
* MOREIRA, Vital. ''Administração autónoma e associações públicas''. Coimbra, Coimbra Editora, 1997
.
* MOREIRA, Vital. ''Auto-regulação profissional e administração pública''. Coimbra, Livraria Almedina, 1997.
* PARDAL, Paulina Pinto. ''Hetero-Regulação vs. Auto-Regulação : As Entidades Reguladoras Independentes e as Associações Públicas Profissionais : em especial a Ordem dos Advogados''. Porto, 2016. Dissertação de Mestrado em Direito Administrativo apresentada à Universidade Católica Portuguesa.
References
{{Reflist
Law of Portugal