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DRAFT LAW NO. 243 /X

APPROVES THE ORGANIC LAW

OF THE HIGHER BOARD OF THE JUDGESHIP

Exhibition of reasons

Consecrated constitutionally, the Superior Council of Magistrature is, in the terms

legal, the superior body of management and discipline of the judicial magistrate, performing

a key role in the administration of justice, function committed to the

courts, while organs of sovereignty.

The status and functions of the Superior Council of Magistrature, as well as the tasks of

management and administration that are committed to you, impose that you are assigned, on the line

than already succeeding today with the Constitutional Court, with the Court of Auditors and with

the higher courts, administrative autonomy, which is, incidentally, general regime of the

bodies of the Central Administration in financial management.

Establish, by modifying the content of Articles 148 and 150 of the Staff Magistrates ' Statute

Judicial, which the vowels members of the Standing Council shall carry out their duties in

full time regime, with status identical to that of juiz-adviser. For so much, your

designation for the Standing Council shall be carried out by the period

corresponding to the duration of the respective tenure, disappearing the rule of turnover.

It is proposed yet, for reasons of efficiency and functionality, the amendment of Article 163º of the

Status of Judicial Magistrates, proceeding to the reorganisation of the Registrar of the

Superior Council of the Magistrature as well as its services.

So, in the applicable constitutional and regimental terms, the Deputies below

signed, from the Parliamentary Group of the Social Democratic Party, present the following

draft law:

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Article 1º

Approval

The Organic Law of the Superior Council of Magistrates is passed that publishes in the

Annex I to this Law and that it is an integral part of it.

Article 2º

Amendments to the Statute of Judicial Magistrates

Articles 148, 150º and 163º of the Statute of Judicial Magistrates, passed by the Law

n ° 21/85 of July 30, as amended by Decree-Law No. 342/88 of September 28,

by the Laws No 2/90 of January 20, para. 81/98, December 3, para. 143/99, 31

August, and paragraph 42/2005 of August 29, is replaced by the following:

" Article 148º

(...)

1. (...)

2. The vowels who are members of the Standing Council perform their

functions in full time regime.

3. The vowel members of the Permanent Council auferem salary corresponding to the

of masterly, higher category vowel, in full time regime.

4. (...).

Article 150º

(...)

1. (...)

2. (...)

3. Compose the Standing Council the following members:

a) (...);

b) (...);

c) (...);

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d) (...);

e) (...);

f) Four vowels from among those designated by the Assembly of the Republic;

g) (...).

4. The designation of the vowels members of the Standing Council shall be made for equal period

to the duration of the respective mandate.

5. (...).

Article 163º

(...)

The organisation, the framework and the scheme of the staff of the Council Secretariat

Superior of the Magistrature are set in a diploma of their own. "

Article 3º

Transitional provisions

1. The staff who, at the date of the entry into force of this Law, find themselves propped up in the

staff frame of the Higher Council of the Magistrature transits into the frame to which if

refers to Article 26º (3) of Annex I, in the same career, category and step.

2. Maintain existing service commissions at the date of entry into force of the present

law.

Article 4º

Abrogation standard

The Decree-Law No. 27/92 of February 27 shall be repealed, without prejudice to the provisions of the

next article.

Article 5º

Entry into force

This Law shall come into force on the January 1, 2007 and shall be implemented in the

maximum term of two years.

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Palace of Saint Benedict, April 2006

The Deputies of the PSD,

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ANNEX I

THE ORGANIC LAW OF THE TOP COUNCIL OF THE JUDGESHIP

CHAPTER I

General Provisions

Article 1º

Subject

This Law enshrines the administrative autonomy of the Higher Council of the

Magistrate as an integrated service and defines the organisation of its services.

Article 2º

Administrative and financial regime

The Superior Council of the Magistrature is endowed with administrative autonomy and has

own budget, inscribed in the general charges of the nation of the State Budget, in the

terms of Article 2º (2) of Law No 91/2001 of August 20.

Article 3º

Budget

1. The budget of the Higher Council of the Magistrature is intended to bear the costs

with its members, with the framework of magistrates and officials who are affectionate

to your services and the remaining current and capital expendities required for the financial year

of your competences.

2. The Superior Council of the Magistrature approves the draft budget and presents it

to the Government in the time limits determined for the drafting of the Budget Bill

of the State, to be submitted to the Assembly of the Republic, and shall still provide the elements

that this one asks you about the matter.

3. The product of own revenue may, pursuant to the budget implementation law, be

applied in the realization of current and capital expenditure which, in each year, cannot

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be borne by the appropriations entered in the State Budget, specifically expenditure

of publishing publications or carrying out studies, analyses or other work

extraordinary.

Article 4º

Recipes

In addition to the appropriations of the State Budget and those of the Institute for Financial Management and

Patrimonial of Justice, are own revenues of the Superior Council of Magistrate o

management balance of the previous year, the proceeds from the sale of edited publications, the

emoluments for acts carried out by the registry office and still any others that are

assigned by law, contract or other title.

Article 5º

Financial Management

1. It is up to the Superior Council of the Magistrature, regarding its budget, to

common ministerial competence in financial administration, and may

delegating it to the president who, in turn, may subdelegate her to the vice president.

2. The Chairman of the Higher Council of the Magistrature may delegate to the secretary of the

Superior Council of the Magistrature the competence to authorize the realization of

expenses up to the limit of the powers of director-general.

3. The expenditure which, by its realization or amount, exceeds the competence

referred to in paragraph 1 and, as well, those that the President understands to submit to the Council

Superior of the Magistrature, are by this authorized.

Article 6º

Release of funds

1. The Superior Council of the Magistrature requests the release of credits to the Directorate

General of the Budget, according to your needs and on account of the overall allocation

that is distributed to you.

2. The Chairman of the Superior Council of Magistrature may, pursuant to the law of

budget implementation, approve the expenditure of the duodecimal regime of any of the

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budgetary allocations and, well, to request the partial anticipation of the respective

duodécimos.

3. All documents relating to the surveying of funds, receipts and

payments will compulsorily contain two signatures, one being the one of the

secretary of the Superior Council of the Magistrature and, failing that, that of the director of the

administrative and financial services, and the other of a member of the Board of Governors

of the Magistrature, to be designated by the plenum.

Article 7º

Account

The annual management account of the Superior Council of Magistrature is organized and

approved by the administrative board and is submitted, within the legal period, to the Court of

Accounts, to the Presidency of the Council of Ministers and to the Ministry of Finance.

Article 8º

Competencies of the President of the Higher Council of Magistrate

1. Compete to the President of the Superior Council of Magistrature, within the framework of the

competencies by this delegate, exercise the administrative and financial powers

identical to those who integrate ministerial competence, as well as represent the Council

in judgment and out of it.

2. The competences referred to in the preceding paragraph may be subdelegated to the Deputy

president.

3. Without prejudice to the provisions of this Law, it shall compete with the President of the Council

Top of the Magistrature, heard the administrative board, authorize the opening of

contests for admission of staff for their cadres, celebrate, extend, renew

and rescindi personnel contracts, authorize detachments, requisitions, transfers,

commutes and service commissions and well so appoint another personnel independently

of contest.

Article 9º

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Competencies of the Secretary of the Superior Council of Magistrate

1. The Secretary of the Superior Council of the Magistrature, in addition to the competences

themselves defined in the law, and without prejudice to the provisions of this Law, holds the

competences of the Directors-General with respect to the management of the facilities, of the

equipment and the staff of the Superior Council of Magistrate.

2. The Secretary of the Superior Council of the Magistrature is to earn the expenses of

representation assigned to the post of director-general.

CHAPTER II

From the organisation of services

Article 10º

Organs and services

1. The Superior Council of the Magistrature has an administrative board, which is the

deliberative body in financial and equity management.

2. The Superior Council of the Magistrature has a registry, organic unit of

technical-administrative support necessary for the preparation and implementation of the activities and

deliberations of the Superior Council of Magistrate.

Article 11º

Administrative council

1. The administrative board shall be composed of the following members:

a) The President of the Superior Council of Magistrate;

b) The Vice President of the Higher Council of Magistrate;

c) the Secretary of the Superior Council of the Magistrature;

d) Three members of the Higher Council of Magistrate elected annually

by the plenary;

e) The director of administrative and financial services.

2.Compete to the administrative council, specifically:

a) Give advice on the annual activities plans and the respective report of

activities;

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(b) to issue an opinion on the draft annual budget and its amendments,

submitting it to the approval of the Superior Council of the Magistrate;

c) Zellar by the collection of the recipes and regularly check the funds in safe and

in deposit;

d) Authorize the expenses that should not be authorized by the President;

e) Authorize the payment of the expenses whatever the entity that has

granted the respective authorization;

f) to Fiscalize the organization of accounting and to ensure that it is implemented;

g) Approve the management accounts and promote their submission to the Court of Auditors;

h) Authorize the constitution of permanent funds for the payment of small

expenditure, by establishing the rules to which it will comply with its control;

(i) Pronount on any subject of financial and equity management that

be submitted to you;

(j) to exercise the remaining functions provided for in the law.

k) The administrative board meets, ordinarily, once a month and,

extraordinarily, whenever summoned by the president, on his initiative

or at the request of three of its members.

l) For the validity of the deliberations of the administrative board is necessary to

presence of at least five of its members, among whom the President,

or the vice-president, within the scope of the delegated competence.

m) Meetings are secretariats by an official designated by the President.

Article 12º

Secretion

The office of the Superior Council of Magistrature comprises:

a) the direction of services of tables and judicial movements;

b) the direction of administrative and financial services;

c) The division of legal documentation and information;

d) The unit of informatics;

e) the follow-up office and liaison to the judicial courts;

f) The communication office;

g) the office of support for the vice-president;

h) The office of support for members of the Higher Council of Magistrate.

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Article 13º

Direction of services of tables and judicial movements

1. The direction of services of tables and judicial movements ensures, in general, the

implementation of the actions inherent in the placement, displacement and permanent updating of the

enrollment of the judges of the judicial courts, as well as the expedient relative to the same and

still that of the composition of the collective courts.

2. Compete in the direction of services of tables and judicial movements, specifically:

a) Organize the process and draw up the motions of the judicial movements and

carry out the respective deliberations;

b) Prepare and secure the expedient concerning detachments and commissions of

services;

c) Ensuring the expedient concerning replacements and accumulations of service;

d) Ensuring the expedient concerning the organization of the shifts to ensure the

urgent service on judicial vacations and Saturdays, pursuant to Law No. 3/99, of

January 13;

e) Ensuring the expedient concerning the composition of the collective courts to which

alludes to Article 105º (4) of Law No 3/99 of January 13;

f) Organise and keep up to date the biographical and disciplinary record as well as the

enrollment of falters and licences;

g) Prepare and maintain up-to-date antique and autuary and movement of the

claim processes that goes up the same if they present;

h) Autuary and movement the expedient concerning the complaint processes against

acts practiced by the permanent council, by the president, by the vice president

and by the vowels;

i) Increase and move open processes with exhibitions of public entities,

including judges, relating to the operation of the judicial courts;

j) Autuary and move processes regarding requests or determinations d

procedural acceleration, triggered in the terms of the current legislation;

(k) carry out the counting of the time of service, for the purposes of retiming, and

organise the processes concerning the retirement and jubilation;

(l) draw up the tables for the sessions of the Superior Council of Magistrate;

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m) Ensuring the expedient concerning the autos of inquiry and syndication, well

as the disciplinary, rehabilitation and review processes;

n) Ensuring the expedient concerning the fact-finding autos;

o) Pressure the administrative and secretarial support for inspection services.

3. The direction of cadres services and judicial movements integrates the division of

judicial and inspection frameworks to which the exercise of the powers referred to is competes,

respectively, in points (n) to r) of paragraph 2.

Article 14º

Steering of administrative and financial services

1. At the direction of administrative and financial services compete to carry out the shares

relating to the development of administrative and financial skills of the

Top Council of the Magistrature.

2. At the direction of administrative and financial services compete, specifically:

(a) to draw up the draft annual budget and its amendments;

b) Follow up on the budget implementation and propose the necessary changes;

c) Processing the requisitions of funds from the appropriations of the appropriations consigned to the

Top Council of the Magistrature;

(d) draw up the management account and prepare the project of the respective reports;

e) Instructing the procedures relating to the acquisition of goods and services and the realization

of works of public works;

f) Ensuring the bookkeeping and the compulsory accounting records;

g) Ensuring the processing of the remunerations and other allowances, as well as

proceed to the liquidation of the respective services;

h) Check and process the expense documents;

(i) to issue the identity cards and promote the expedient concerning the provisions of the

article 29º;

j) perform the functions inherent in the reception, distribution, dispatch and file of the

correspondence and other documents;

k) We collect, organize and keep up-to-date information on resources

humans of the Superior Council of Magistrate;

l) Proceder to the record of the attendance and seniority of the staff;

m) Promoting the professional outreach of staff;

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(n) to elaborate studies necessary for the correct allocation of personnel to the various

services of the Superior Council of Magistrate;

o) Inform on the issues concerning the implementation of the public function regime which

be submitted to you;

p) Ensuring the surveillance, safety, cleaning and tidying up of the premises,

equipment and viactures;

q) Gerir the car park affection to the Superior Council of Magistrature;

r) Keep up to date the enrollment and inventory of real estate and furniture and the

inventory and enrollment pertaining to the car park;

s) Promoting the storage, conservation and distribution of goods and consumes

currents and ensure the management of stocks.

3. The direction of administrative and financial services integrates the administrative division-

financial and economate, to which it is incumbent upon the exercise of the functions to which the

points (a) to (h) and (q) to s) of the preceding paragraph.

Article 15º

Division of documentation and legal information

It is incumbent on the division of legal documentation and information, specifically:

a) Organize and ensure the management of the library of the Superior Council of the

Judgeship, encouraging in particular the acquisition treatment, conservation

and extension of the respective documentary fund;

b) Maintain updated the respective databases;

c) Proceeding to the systematic treatment and file of the legislation, ensuring a

legislative information service;

d) Realize informatic or manual research, particularly from other

libraries, the solicitation of the members of the Superior Council of Magistrature or

of your services;

e) to ensure the dissemination of the services provided by the library and

available documentation;

f) Cooperate with national, foreign and international institutions in relation to

documentation and information;

g) Proceeding to the translation and retroversion of texts.

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Article 16º

Unit of informatics

It is incumbent on the unit of computing, specifically:

a) Plan and ensure the management of the informative systems of the Superior Council of the

Judgeship;

b) Proceed to the diagnosis of the needs that occur in the operation

of the same systems and formulate the corresponding correspondents;

c) Making accessible to the members of the Superior Council of Magistrate the

major legal databases of legislation, jurisprudence and doctrine,

national and foreign;

d) Promote the training of users of such systems and cooperate in that

training, with means of its own, or by using external entities to the Council

Top of the Magistrature;

e) Supporting technically the elaboration of the contract notebook, the selection, acquisition,

hiring and installation of the computer equipment;

f) Maintaining in operation and updating the informative services that the Council

Top of the Magistrature comes to be made available to external users;

g) Generation the site Internet .

Article 17º

Follow-up office and liaison to the judicial courts

1. Compete to the follow-up office and liaison to the judicial courts,

specifically:

a) Treat the information provided by the inspection services and collect another

on the situation of each of the judicial courts and disseminating it to the

members and the Secretary of the Superior Council of Magistrate;

(b) draw up forecasts on the needs for placement of judges;

c) Ensuring the contacts, receiving and promoting communication between judges

of the judicial courts and the Superior Council of Magistrature, preparing and

guiding the follow-up of the exhibitions presented;

d) Propose together with the deliberation bodies of the Superior Council of Magistrature

measures to remedy difficulties of operation detected in the courts

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judicial, specifically in the management of nominations, placements, transfers and

substitutions of the judges of the judicial courts, collaborate in the execution of the

measures that come to be adopted;

e) Ensure the appreciation and follow up of the relative applications and complaints

to the operation of the judicial courts received in the Superior Council of the

Judgeship;

(f) to issue an opinion on the annual report on the status of services in the courts

judicial, subjecting it to the approval of the plenum.

2. The follow-up office and liaison to the judicial courts, under the coordination

of the president, consists of the vice president and six vowels elected by the plenum.

Article 18º

Communication Office

1. Compete to the communication office, specifically:

a) Ensuring the care of citizens and the media bodies that

addressed the Superior Council of the Magistrature;

b) Pressure the information requested to the Superior Council of Magistrate

regarding the operation of the courts and, in general traces, to the trames

procedural;

c) Receive complaints, suggestions and criticism from citizens regarding the

functioning of the courts;

(d) exercise advice on social communication;

e) Ensuring the broadcasting service of the deliberations of the Superior Council of the

Judgeship;

f) To study and develop forms of systematic dissemination of information on the

activity of the judicial courts and the Superior Council of Magistrature, with the

compliance with the law and higher directives;

g) To collect and analyse information and trends of opinions regarding the action

of the Superior Council of the Magistrature, the courts and the administration of the

justice in general;

h) Ensuring the organisation of meetings, conferences and seminars of the initiative of the

Top Council of the Magistrature;

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i) Ensuring the production and editing of the Higher Council Informative Bulletin of the

Judgeship;

j) Present a semiannual report of the issues received;

k) Remeter to the office of studies and planning the half-year report, as well as

other elements collected for the purpose of analysis and drafting of proposals for

appropriate and relevant action measures.

2. Communication office dispenses of a regulation to be approved by the Council

Top of the Magistrature, which contains the standards and procedures concerning the

contact with citizens.

3. The communication office consists of a maximum of four elements two

of which with training experience in the area of social communication.

4. The communication office functions in the dependence of the President of the Council

Top of the Magistrature.

Article 19º

Office of support for the Vice-President

1. The vice president of the Superior Council of Magistrature is coadjured in the exercise

of his duties by an office.

2. The office consists of the head of the cabinet, two adjoining and two secretaries

personal.

3. In your absences or impediments, the head of the office is replaced by one of the

adjoining designated by the Vice-President.

4. Members of the Cabinet are freely provided and exonerated by the President of the

Superior Council of the Magistrature, on a proposal from the Vice-President.

5. To the staff of the Cabinet is applicable, with due adaptations, the regime of

appointment, exoneration, guarantees, duties and salary applicable to the members of the

ministerial offices, pursuant to the Decree-Law No. 262/88 of July 23.

6. Members of the Cabinet consider, for all purposes, in exercise of

functions from the date of the dispatch that has appointed them, with dispensation from

prior surveillance of the Court of Auditors and independently of publication of the Journal

of the Republic .

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7. Judicial magistrates may be provided on a service commission, pursuant to the

respective status, not determining such open vacancy in the place of

origin or in that so that, in the meantime, they have been appointed.

8. When the providos are officials of the central, regional or local administration or

of public institutes, shall exercise the respective functions in a commission of the

service or requisition, as per cases, with the faculty of opting for the

corresponding remunerations to the categories of origin.

9. When the provident are employees of public or private companies will exercise

their duties under requisition regime, under the law in force for the respective

sector.

10. Cabinet members who exercise lecturer or research duties

scientific in higher education may continue in the exercise of these functions, without prejudice

to be able to apply for the suspension of the deadlines of the respective contracts or deadlines

for the submission of reports or the provision of evidence to which they are adstrated,

save when they choose, in the terms and with the limits set forth in the law, by the

accumulation of functions.

11. The provements do not confer, only by themselves bond to the civil service.

12. The performance of functions in the office is incompatible with the exercise of advocacy.

Article 20º

Office of support for members of the Higher Council of Magistrate

1. The office of support for members of the Higher Council of Magistrate composes

of advisors, up to the number of five, freely appointed and exonerated by the

president of the Superior Council of Magistrate, on a proposal from the plenum.

2. When advisors are judicial magistrates, it applies to them of the provisions of the Act

n. 2/98, of January 8.

3. Advisors who are not magistrates are compulsorily masters or

licensed in law of recognized competence, and they compete to co-adjuve them

members of the Superior Council of the Magistrature in the exercise of their duties, of

deal with what is determined to them.

4. Advisors referred to in the preceding paragraph shall be appointed in service commission and

have the guarantees, duties and maturities applicable to the adjoining of the supporting office to the

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vice president, with the exception of the allowance referred to in Article 9º of the Decree-Law No

262/88, of July 23.

5. To the advisors of the office of support to the members of the Higher Council of the

Judgeship applies to the provisions set out in paragraphs 6,8,9,10, 11 and 12 of the

previous article.

6. The Secretary of the Superior Council of Magistrate will highlight for the support office

the administrative staff deemed necessary for their functioning.

CHAPTER III

From the staff

Article 21º

Regime

The staff at the service of the Superior Council of the Magistrature shall be governed by the provisions of the

present law, by the diplomas of their own and, in all that is not with them incompatible,

by the general regime of public function.

Article 22º

Appointment of officers of justice

1. The seats of bailable officers shall be provided by appointment, in commission of service,

pursuant to Article 54º of the Decree-Law No. 348/99 of August 26.

2. To the service commissions of bail-out officers for the exercise of duties of

secretary of inspection of the Superior Council of Magistrature shall apply for article 131º

of Decree-Law No. 343/99 of August 26.

Article 23º

Frame of staff

1. The governing staffing framework of the Superior Council of Magistrature is the constant of the

map of Annex II to this Law, which of it forms an integral part.

2. The framework of the personnel of bail-out officers is approved in accordance with article 124º of the

Law No. 3/99 of January 13.

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3. The framework of the remaining staff of the Superior Council of Magistrature is approved by

joint office of the Ministers of Finance and Justice and the member of the Government who

has its post the Public Administration, on a proposal from the Higher Council of the

Judgeship.

Article 24º

Equiparation of regime

1. It shall apply to personnel who perform duties in the Superior Council of Magistrature,

with the exception of officers of justice, leaders and members of the offices, the

provisions of Article 26º of Decree-Law No 545/99 of December 14.

2. To the driver affection for the service of the Deputy Chairman of the Board of the

Magistrate shall apply the scheme established by the Decree-Law No. 381/89, 28 of

October.

Article 25º

Personal identity card

Staff at the service of the Superior Council of Magistrature are entitled to the use of card

of identity, as a model to be approved by porterie of the Minister of Justice.

Article 26º

Free transit

1. Staff at the service of the Superior Council of the Magistrature shall enjoy the right to which if

refers to Article 60º (º1) of the Decree-Law No. 343/99 of August 26.

2. For the purpose of the provisions of the preceding paragraph the provisions referred to in the

numbers 3 and 4 of the cited diploma.

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ANNEX II

Map referred to in Article 26º (1)

ASSIGNMENT

OF THE POSTS

LEADERS

QUALIFICATION

OF THE POSTS

LEADERS

DEGREE NUMBER OF

PLACES

Director of services Intermedia Directorate 1º Grade 2

Head of Division Intermediated Directorate 2º Grade 2