Approves The Scheme Of Organization And Functioning Of The Superior Council Of Magistracy

Original Language Title: Aprova o regime de organização e funcionamento do Conselho Superior da Magistratura

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1 DRAFT law No. 243/X APPROVES the organic law of the SUPREME JUDICIAL COUNCIL explanatory memorandum constitutionally Enshrined, the Superior Council of the Magistracy is, in legal terms, the top organ of management and discipline of the judiciary, playing a key role in the field of administration of Justice, committed to the courts, as organs of sovereignty. The status and functions of the Superior Council of Magistracy, as well as management and administration tasks that you are committed, require that it be attributed, along the lines of what already happens today with the Constitutional Court, with the Court of Auditors and with the superior courts, administrative autonomy, that is, in fact, the general scheme of the Central Government bodies in the area of financial management. Established by modifying the content of articles 148 and 150 of the Statute of judicial magistrates, that the Permanent Council members vowels should perform their duties in a full-time regime, with status similar to that of judge-Advisor. To do this, your designation to the Permanent Council will take place for the period corresponding to the duration of their mandate, disappearing the turnover rule. Also proposes, for reasons of efficiency and functionality, the amendment of article 163 of the Statute of judicial magistrates, and the reorganization of the Secretariat of the Supreme Judicial Council, as well as its services. Thus, in accordance with the rules applicable and constitutional, the undersigned, Members of the parliamentary group of the Social Democratic Party, present the following Bill: 2 article 1 approval is approved the organic law of the Superior Council of Magistracy which publishes in annex I to this Act and which is an integral part.

Article 2 amendments to the Statute of judicial magistrates articles 148, 150 and 163 of the Statute of judicial magistrates, approved by law No. 21/85 of 30 July, amended by Decree-Law No. 342/88, of September 28, by law No. 2/90, of 20 January, no. 81/98, of December 3, no. 143/99, of 31 of August , and no. 42/2005, of 29 August, is replaced by the following: "article 148 (...)

1. (…) 2. The vowels that are members of the Permanent Council perform their functions in a full-time regime. 3. The vowels Permanent Council members receive salary corresponding to the magistrate, vowel of higher category, in a full-time regime. 4. (…).

Article 150 (...)

1. (…) 2. (…) 3. Make up the Permanent Council the following members: a) (...); b) (…); c) (…);

3 d) (...); e) (…); f) four other members from the designated by the Assembly of the Republic; g) (…). 4. The designation of the Permanent Council members vowels is done for a period equal to the duration of their mandate. 5. (…).

Article 163 (...)

The Organization, the framework and arrangements for provision of the Secretariat staff of the Superior Council of Magistracy are fixed at diploma itself. "

Article 3 transitional provisions 1. Personnel who, on the date of entry into force of this law, provided in the personnel of the Superior Council of Magistracy shall be carried over to the table referred to in paragraph 3 of article 26 of annex I, in the same career, category and rank. 2. Keep the service commissions in existence at the date of entry into force of this law.

Article 4 set Standard is revoked Decree-Law No. 27/92, of February 27, without prejudice to the provisions of the following article.

Article 5 entry into force this law enters into force on 1 January 2007 and must be implemented within two years.

São Bento Palace, 4 April 2006 Members of the PSD, 5 Annex I ORGANIC LAW of the SUPREME JUDICIAL COUNCIL CHAPTER I General provisions article 1 subject-matter this law establishes the administrative autonomy of the Superior Council of Magistracy as integrated service and sets the organisation of their services.

Article 2 Administrative and Financial Arrangements the Superior Council of the Magistracy is endowed with administrative autonomy and has its own budget, entered in the General Budget of State nation, under paragraph 2 of article 2 of law No. 91/2001, of 20 August.

Article 3 1 Budget. The budget of the Supreme Judicial Council is intended to bear the costs of its members, with the magistrates and officials who are assigned to its services and other current expenditure and capital necessary for the exercise of its powers. 2. The Supreme Judicial Council approves the draft budget and submit it to the Government within the time limits established for the elaboration of the draft State budget, to be submitted to the Assembly of the Republic, and provide the information that you request. 3. The product of own resources may, in accordance with the law of budgetary implementation, be applied in the implementation of current expenditure and capital each year, cannot be supported by 6 resources entered in the budget of the State, namely editing costs of publications or conduct studies, analyses or other extraordinary works.

Article 4 in addition to the Revenue appropriations from the State budget and of the Institute of financial and Patrimonial management of Justice, are own resources of the Supreme Judicial Council-run balance of the previous year, the proceeds from the sale of publications edited, the charges for acts performed by the Secretariat and any others assigned to him by law, contract or other evidence of formal qualifications.

Article 5 financial management 1. It is up to the Supreme Judicial Council, in relation to your budget, common ministerial competence of financial administration, and may delegate it in President, for your time, you can subdelegá it in the Vice President. 2. The President of the Superior Council of the judiciary may delegate to the Secretary of the Superior Council of the Judiciary the power to allow expenditure within the limits of the powers of director-general. 3. Expenditure which, by your conduct or amount, exceeding the competence referred to in paragraph 1, as well as the ones the President may refer to the Superior Council of the Magistracy, are by this.

Article 6 release of funds 1. The Superior Council of the Magistracy prompts the release of credits to the Directorate General of the budget, according to their needs and on the overall allocation is distributed. 2. The President of the Superior Council of the judiciary may, in accordance with the law of budgetary execution, approve the expenditure of the duodecimal scheme of any of the


7 budget appropriations, as well as request the partial anticipation of its twelfths. 3. All documents relating to fund raising, cash receipts and payments shall bear two signatures compulsorily, and should a be the Secretary of the Supreme Judicial Council and, in your absence, the director of administrative and financial services, and the other a member of the High Council of the judiciary, to be designated by the plenary.

Article 7 annual management account Account of the Superior Council of Magistracy is organized and approved by the Board and is submitted, the legal deadline, the Court of Auditors, to the Presidency of the Council of Ministers and the Ministry of finance.

Article 8 powers of the President of the Superior Council of the judiciary 1. The President of the Superior Council of the judiciary, within the powers delegated to exercise this administrative and financial powers identical to those of the ministerial competence, as well as represent the Council in court and outside it. 2. The powers referred to in the preceding paragraph may be subdelegated in vice President. 3. Without prejudice to the provisions of this law, the President of the Superior Council of Magistrates, heard the Board, authorizing the opening of tenders to the admission of people into his paintings, celebrate, renew, renew and cancel the contracts of staff, authorize secondments, requisitions, transfers, exchanges and service committees and appoint other personnel regardless of contest.

Article 9 8 powers of the Secretary of the Supreme Judicial Council 1. The Secretary of the Superior Council of the Magistracy, in addition to the own powers defined in law, and without prejudice to the provisions of this law, holds the powers of the Directors-General in relation to the management of the facilities, equipment and personnel of the Superior Council of Magistracy. 2. The Secretary of the Superior Council of Magistracy of representation expenses assigned to the post of director-general.

CHAPTER II Organization of services article 10 Bodies and services 1. The Superior Council of the Magistracy has a Board of Directors, which is the deliberative body in the field of financial and patrimonial management. 2. The Superior Council of the Magistracy has a Secretary, organic unit administrative technical support required for the preparation and execution of the activities and deliberations of the Superior Council of Magistracy.

Article 11 Administrative Board 1. The Board is composed of the following members: a) the President of the Superior Council of Magistracy; b) the Vice Chairman of the Supreme Judicial Council; c) the Secretary of the Superior Council of Magistracy; d) three members of the Superior Council of Magistracy elected annually by the plenary; e) the director of administrative and financial services. 2. the Board of Directors, namely: a) give an opinion on the annual activity plans and report on activities;

9 b) give its opinion on the draft annual budget and its amendments, subject to the approval of the Superior Council of the Magistracy; c) to ensure the collection of revenue and check regularly the funds in safe and deposit; d) Authorise expenditure which should not be authorized by the President; and authorize the payment of expenses) regardless of the body which has granted the authorization; f) supervise the accounting organization and ensure that your implementation; g) approve the accounts for management and promote your submission to the Court of Auditors; h) to authorize the establishment of permanent funds for the payment of small expenses, establishing the rules that follow the your control; I) give its opinion on any subject of financial and patrimonial management to be submitted; j) Exercise any other functions provided for in the law. k) the Administrative Council shall meet ordinarily, once a month and, extraordinarily, whenever called by the President, for your initiative or at the request of three of its members. l) For validity of the deliberations of the Board of Directors requires the presence of at least five of its members, including the President, or the Vice President, under the delegated competence. m) meetings are any person appointed by an official appointed by the President.

Article 12 Secretariat the Secretariat of the High Council of Magistracy comprises: a) the Directorate of judicial services and frameworks; b) the direction of administrative and financial services; c) Division of legal documentation and information; d) computer unit; and the accompanying Office and) link to the judicial courts; f) the Office of communication; g) the Cabinet to support the Vice President; h) the support Office to the members of the Superior Council of Magistracy.

10 article 13 frame services and legal movements


1. the Directorate of services and ensures judicial moves, in General, the implementation of the actions involved in the placement, movement and constant updating of the register of judges of the judicial courts, as well as work on the same and the composition of the courts. 2. The Directorate of services and legal movements, namely: a) organize the process and prepare the proposals of the legal moves and perform their deliberations; b) Prepare and ensure the expedient concerning secondments and committees; c) Ensure work on replacements and accumulations of service; d) Ensure the expedient concerning the Organization of shifts to ensure the urgent service in the judicial holidays and Saturdays, pursuant to law No. 3/99, of 13 January; and work on) composition of collective the courts no. 4 of article 105 of the law No. 3/99, of 13 January; f) Organize and update the biographical and disciplinary record, as well as the registration of faults and licences; g) Prepare and maintain list of antiques and book and move the process of complaint that rises the same report; h) Book and move the file on the complaint procedures against acts done by the Permanent Council, the Chairperson, the Vice-Chairperson and the vowels; I) Book and move open cases with exhibitions of public authorities, including judges, concerning the functioning of the judicial courts; j) Book and move files relating to claims or determinations d acceleration procedure initiated in accordance with the legislation in force; k) carry out counting the length of service for retirement purposes, and organize the processes relating to retirement and retirement; l) draw up the tables for the sessions of the Superior Council of the judiciary;

11 m) Ensure the expedient concerning the investigation and inquiry, as well as disciplinary procedures, review and rehabilitation; n) Ensure the file relating to the inquiry; the) Provide administrative and secretarial support to the inspection services. 3. the Directorate of services and legal moves part of the Division of inspection and judicial frameworks to which the exercise of the powers referred to in points (a) n) r) of paragraph 2.

Article 14 administrative and financial services 1. The Directorate of administrative and financial services compete to perform the actions concerning the development of the administrative and financial powers of the Superior Council of Magistracy. 2. The direction of administrative and financial services, namely: a) to draw up the draft annual budget and its amendments; b) Follow the implementation of the budget and propose the necessary changes; c) processing the requisitions of funds of Auditors of appropriations allocated to the Superior Council of the Magistracy; d) draw up the account of management and prepare the draft of their reports; and) Instruct the procedures for procurement of goods and services and to carry out public works contracts; f) Ensure the bookkeeping and accounting records required; g) Ensure the processing of remuneration and other allowances, as well as carry out the liquidation of the respective services; h) Verify and process the documents; I) issue the identity cards and promote work on the provisions of article 29; j) perform the functions involved in the receipt, distribution, shipping and correspondence file and other documents; k) Collect, organize and maintain updated information on the human resources of the Superior Council of the judiciary; l) register of attendance and seniority of staff; m) Promote the professional training of staff;

12 n) prepare studies needed for the proper staff allocation to the various services of the Superior Council of the judiciary; the) report on the issues concerning the application of the system of civil service to be submitted; p) Ensure surveillance, security, cleaning and storage of the facilities, equipment and vehicles; q) Manage the vehicles used for the Superior Council of the Magistracy; r) Keep updated the cadastre and the property and mobile inventory and the inventory and records relative to the car park; s) Promote the conservation, storage and distribution of goods and current consumption and ensure the management of stocks. 3. The direction of administrative and financial services integrates the administrative-financial and General Affairs Division, to which the exercise of the tasks referred to in points (a)) h) and q) s) of the preceding paragraph.

Article 15 legal documentation and information Division the Division of legal documentation and information, in particular: a) to organize and ensure the management of the library of the Superior Council of the judiciary, encouraging in particular the procurement processing, storage and expansion of its documentary Fund; b) Keep updated their databases; c) systematic process and to file the legislation, ensuring a legislative information service; d) conduct research or computer manuals, in particular with other libraries, the request of the members of the Superior Council of Magistracy or its services; and) ensure the dissemination of the services provided by the library and documentation available; f) Cooperate with national institutions, international and foreign documentation and information; g) carry out the translation and translation of texts.

13 article 16 computer Drive Unit shall, inter alia: a) Planning and ensure the management of the informative systems of the Superior Council of the judiciary; b) Proceed to a diagnosis of the needs that arise in the operation of these systems and to formulate the corresponding proposals; c) Become accessible to members of the Superior Council of the Judiciary the major legal databases on legislation, jurisprudence and doctrine, foreign and domestic; d) Promote the training of users of such systems and cooperate in this formation, with own resources or by external entities to the Supreme Judicial Council; and technically the) support specifications, the selection, acquisition, procurement and installation of equipment; f) Maintain and update the news services that the Superior Council of Magistracy will make available to external users; g) Manage the Internet site.


Article 17 accompanying Office and judicial courts connection 1. It is incumbent upon the Office to monitor and link to the judicial courts, namely: to Treat the information provided) by inspection services and collect another concerning the situation of each of the judicial courts and release it with the members and the Secretary of the Superior Council of the judiciary; b) Elaborate predictions about the needs of placement of judges; c) Ensure contacts, receiving and promoting communication between judges of the judicial courts and the Superior Council of the Magistracy, preparing and guiding the follow-up exhibitions presented; d) Propose to the bodies of the Supreme Judicial Council measures to solve operating detected difficulties 14 judicial courts, in particular in the management of appointments, placements, transfers and replacements of judges of the judicial courts, collaborate in the implementation of the measures to be adopted; and Ensure the assessment and follow-up) of the requests and complaints concerning the operation of the judicial courts received in the Supreme Judicial Council; f) issue an opinion on the annual report on the State of the services in the judicial courts, subjecting him to the approval of the plenary. 2. The monitoring and connection to the judicial courts, under the coordination of the President, shall be the Vice-President and six vowels elected by the plenary.

Article 18 communication Office 1. It is for the Office of communication, namely: a) Ensure the citizens and the media that report to the Superior Council of the Magistracy; b) Provide the information requested to the Superior Council of the Judiciary in relation to the functioning of the courts and, broadly speaking, to the procedural formalities; c) Receive complaints, suggestions and criticism from citizens regarding the functioning of the courts; d) Exercise advice on matters of social communication; and) Ensure the dissemination service of the proceedings of the Supreme Judicial Council; f) Study and develop forms of systematic disclosure of information about the activities of the judicial courts and the Superior Council of the Magistracy, with the observance of the law and directives; g) collect and analyse information and trends of opinions concerning the action of the Superior Council of Magistracy, the courts and the administration of Justice in General; h) Ensure the Organization of meetings, conferences and seminars of the initiative of the Superior Council of Magistracy;

15 i) Ensure the production and edition of the Newsletter of the Superior Council of the judiciary; j) Submit a semi-annual report of the questions received; k) Mail to the Office of studies and planning the semi-annual report, as well as other items collected for the purpose of analysis and preparation of proposals for appropriate action and appropriate measures. 2. The Communications Office has a regulation to be approved by the Supreme Judicial Council, which contains the rules and procedures regarding contact with the citizens. 3. The Cabinet is made up of a maximum of four elements, two of which with training experience in the field of social communication. 4. The communication Office works in dependence on the President of the Superior Council of Magistracy.

Article 19 1 support Office to the Vice-President. The Vice President of the Superior Council of Magistracy shall be assisted in the performance of their duties by a Cabinet. 2. The Office comprises the Chief of staff, two deputies and two Secretaries. 3. In their absences or impediments, the Chief of staff is replaced by one of the deputies appointed by the Vice President. 4. The members of the Cabinet are freely provided and exonerated by the President of the Supreme Judicial Council, on a proposal from the Vice President. 5. The staff of the cabinet shall apply, mutatis mutandis, the conditions of appointment, removal, duties and salary guarantees applicable to the members of the ministerial offices, pursuant to Decree-Law No. 262/88, of July 23. 6. The members of the cabinet shall be deemed, for all purposes, in Office from the date of the order that you have named, with exemption from prior supervision by the Court of Auditors and whether publication of the Official Gazette.

16 7. The judicial magistrates can be provided in service, in accordance with its Statute, not determining that dismissed a vacancy in the place of origin or that for which, however, have been appointed. 8. When the provided are employees of the central, regional or local administration or public institutes, will exercise their functions on a Commission basis or service request, as appropriate, with the right to opt for the remuneration corresponding to the categories of origin. 9. When the provided are employees of public or private companies in the performance of their duties under request, in accordance with the law in force for the respective sector. 10. The Cabinet members engaged in teaching or scientific research functions in higher education may continue in the exercise of these functions, without prejudice to apply for the suspension of the terms of their contracts or the deadlines for the submission of reports or to provide evidence that they are attached, unless opt, in accordance with the limits established in the law , by the accumulation of functions. 11. The remedies do not confer in itself to link public function. 12. The performance of functions in the Office is incompatible with the exercise of law.

Article 20 support to members of the Superior Council of the judiciary 1. The support Office to the members of the Superior Council of Magistracy consists of advisers, to the number of five, freely appointed and removed by the President of the Supreme Judicial Council, on a proposal from the plenary. 2. When the assessors are judicial magistrates, applies them to the provisions of law No. 2/98, of 8 January. 3. The advisers who are not judges must be masters or Law graduates of recognised standing, racing them to assist the members of the Superior Council of the judiciary in the performance of their duties, in accordance with what they are given. 4. The advisers referred to in the preceding paragraph are named in Commission and service have warranties, duties and salaries applicable to deputies of the Office in support of the


17 Vice President, with the exception of the household allowance referred to in article 9 of Decree-Law No. 262/88, of July 23. 5. The Cabinet of advisors support to members of the Superior Council of Magistracy shall apply the provisions of .9 .10 6.8, numbers 11 and 12 of the previous article. 6. The Secretary of the Superior Council of Magistracy will highlight to the Office to support the administrative staff necessary to your operation.

CHAPTER III article 21 personnel personnel Regime for Superior Council of the Magistracy shall be governed by the provisions of this law, by the diplomas themselves and, in everything that is not incompatible with them, by the general scheme of the civil service.

Article 22 appointment of officers of Justice 1. The bailiffs are provided by appointment, in service, in accordance with article 54 of Decree-Law No. 348/99, of 26 August. 2. The committees of bailiffs service to the Office of Secretary of the inspection of the Supreme Judicial Council shall apply article 131 of Decree-Law No. 343/99, of 26 August.

Article 23 1 staff. The personnel manager of the Superior Council of Magistracy is contained in Annex II to this map, that law forms an integral part. 2. The establishment plan of bailiffs is approved in accordance with article 124 of law No 3/99 of 13 January.

18 3. The other staff of the Superior Council of Magistracy is approved by order of the Ministers of finance and justice and member of the Government that have your position, on a proposal from the Superior Council of the Magistracy.

Article 24 Equality of regime 1. Is applicable to personnel performing functions in the Superior Council of the Magistracy, with the exception of the bailiffs, the leaders and members of the offices, the provisions of article 26 of Decree-Law No. 545/99, of 14 December. 2. The driver used for the service of Vice President of the Superior Council of Magistracy shall apply the regime established by Decree-Law No. 381/89, of 28 October.

Article 25 personal identity card to the personnel service of the Supreme Judicial Council has the right to the use of identity card, according to the model adopted by order of the Minister of Justice.

Article 26 1 pass. The staff at the service of the Superior Council of the judiciary enjoys the right referred to in paragraph 1 of article 60 of the Decree-Law No. 343/99, of 26 August. 2. For the purposes of the preceding paragraph shall apply the provisions referred to in paragraphs 3 and 4 of the said decree-law.

19 ANNEX II Map referred to in paragraph 1 of article 26 ASSIGNMENT of POSITIONS POSITIONS QUALIFICATION DEGREE LEADERS LEADERS NUMBER of intermediate Direction Services Director PLACES 1st grade 2 intermediate Steering Division Chief 2nd grade 2