Resolução n.º 102/82, de 29 de Junho de 1982
Resolução n.º 102/82 Nos termos da lei, o termo do período de mandato dos membros do conselho de gestão das empresas públicas verifica-se na data da aprovação das contas do último exercício, quer por força do disposto no artigo 10.º, n.º 3, do Decreto-Lei n.º 729-F/75, quer por virtude da aplicação analógica deste regime à generalidade das empresas públicas; este regime está, aliás, em consonância com o regime de tempo de mandato dos administradores por parte do Estado fixado pelo Decreto-Lei n.º 139/70, de 7 de Abril, para as sociedades em que o Estado nomeie administradores.
Suscitam-se, porém, dúvidas quanto à manutenção no exercício de funções de membros dos conselhos de gestão de empresas públicas sempre que as contas do último exercício hajam sido aprovadas e não hajam sido ainda nomeados os titulares do órgão para novo mandato. Na verdade, ao contrário do que sucede com as sociedades, em que o mesmo órgão - a assembleia geral ordinária - aprova as contas e elege os administradores, no caso das empresas públicas as contas são aprovadas pelo membro do Governo que detém a tutela, ao passo que as nomeações provêm do próprio Conselho de Ministros, podendo existir um desfasamento temporal entre estes doisactos.
O esclarecimento desta dúvida cabe ao próprio Conselho de Ministros enquanto órgão que, nos termos da lei, dispõe de competência para nomear, exonerar ou...
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