Following the news published on November 18 by Diário de Notícias entitled “Reform of the Supreme Command of the Armed Forces blocked in the Ministry”, and under the conditions of article n.º 24.º of law n.º 2 /99 of January 13 (Press Law), the General Staff of the Armed Forces (EMGFA) requests the publication of the clarifications below, under the Right of Reply:
Regarding the fact that the regulatory decrees of the EMGFA and its branches have not yet been published, a necessary step for the entry into force of the respective organic laws, the news in question reports:
1. “This impasse has practical implications and will trouble senior leaders in the EMGFA and across the industries.”
two. “Formally, there are officials who perform irregular functions, since the new structures have not yet been legally approved. Without the decree, the new structures, functions and respective powers cannot be implemented. In other words, everything is as before, even with the new law approved.”
3. “Some new structures have been created, but without the holders formally having the new powers. In the case of the EMGFA, for example, the Information, Cyberspace and Space Communications Center has been established. . And there are several other examples. Even if the new structures have been activated, their bosses have not been assigned legal powers”.
In view of these statements, which do not correspond to the truth, and since the EMGFA has not been heard about this before by Diário de Notícias, this appears to be a violation of the obligations laid down in both paragraph e) of paragraph 1 of Article 14. º of Law n.º 1/99, of June 13 (Statute of the Journalist), as well as in n.º 1 of the code of ethics of the profession, which are supported by the editorial statute of this newspaper, the following should be clarified :
1. There is no discomfort from the Chief of the General Staff of the Armed Forces, nor from the Directors, Chiefs and Commanders of the EMGFA bodies, who are perfectly aware of the procedural steps to which these legislative changes are subject. Indeed, this transitional period has been used to prepare the procedures and mechanisms necessary to adapt to the new legal framework, which will enter into force on the date of entry into force of the respective regulatory act.
two. In addition, there are also no officers performing irregular duties as the EMGFA continues to conduct its activities in accordance with the Organic Law of the General Staff of the Armed Forces (LOEMGFA) of 2014, until the entry into force of the LOEMGFA from 2022.
3. Finally, the new structures foreseen in the 2022 LOEMGFA have also not been created, since, as mentioned above, the EMGFA continues to operate under the terms of the 2014 LOEMGFA. The General Officer mentioned in the news is not in charge of the communication center and information, cyberspace and space, as this body does not yet exist, instead performs the functions of advisor to CEMGFA, which are legally assigned to it when using the power conferred by paragraph t) of paragraph 1 of Article 12. of the Organic Basic Law of the Organization of the Armed Forces, approved by Organic Law No. 2/2021 of August 9, in conjunction with the provisions of No. 1 of Article 9.º of Legislative Decree No. 184 /2014, of December 29 , which captures the organic structure of the EMGFA.
Management Note: The contradictory was carried out with the guardianship, the Ministry of Defense, a situation not indifferent to the fact that before the news in question was published, we asked the EMGFA a series of questions on various topics, which received no answer.
Source: DN
