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 PROPOSAL of law No. 117/X 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, established constitutionally, as well as management and administration tasks that you are committed, that is, along the lines of what already happens today with the superior courts, assigned administrative and financial autonomy. With this measure, we aim not only to provide the Superior Council of the Magistracy of the instruments necessary to fully carry out its functions, but also trust him with an active role in the Administration and management of the judicial magistrates, conditions essential to the full realization of the principle of independence of judges and, consequently, of the courts. At the same time, and for practical reasons, the Superior Council of the Judiciary the power to process and pay the salaries of judicial magistrates placed in the courts, as undermining the independence of the superior courts, speeds, particularly, the management of the latter. Finally, in accordance with article 163 of the Statute of judicial magistrates, approved by law No. 21/85 of 30 August, tendering, the reorganization of the Secretariat of the Supreme Council of Magistracy. 2 was the Superior Council of the Magistracy. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law establishes the administrative and financial autonomy of the Superior Council of Magistracy as stand-alone service and sets the organisation of their services.

Article 2 Administrative and Financial Arrangements the Superior Council of the Magistracy is endowed with administrative and financial autonomy, with its own budget, entered in the General costs of the State, the State budget, in accordance with 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, with the judicial magistrates assigned to the judicial courts of first instance, with the judicial magistrates assigned as auxiliaries to the courts of appeal and the other current expenditure and capital necessary for the exercise of its powers.

3 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.

Article 4 Recipes 1-in addition to revenue from appropriations from the State budget and of the Institute of financial management and justice infrastructure, are own resources of the Superior Council of Magistracy: a) the balance of the previous year's management; b) proceeds from the sale of publications edited; c) The charges for acts done by the d) Any others that may be assigned by law, contract or other evidence of formal qualifications. 2-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 appropriations entered in the budget of the State, namely editing costs of publications or conduct studies, analyses or other extraordinary works.

Article 5 financial management 1-Fit to the Supreme Judicial Council in respect of its budget, management skills provided for in general law of financial administration, and may delegate it. 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 their conduct or amount, exceeding the 4 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 Supreme Judicial Council requests 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 budget's appropriations, as well as request the partial anticipation of its twelfths. 3-all documents relating to fund raising, cash receipts and payments shall obligatorily contain two signatures, and should a be the Secretary of the Supreme Judicial Council and, in the absence thereof, 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 of Directors, being submitted pursuant to the budget implementation Act, the legal deadline, the Court of Auditors, to the Presidency of the Council of Ministers and the ministries of finance and justice.

Article 8 powers of the President of the Superior Council of Magistracy 1-the President of the Superior Council of the judiciary, within the limits of its own powers or delegated to exercise administrative and financial powers identical to those of the ministerial competence, as well as 5 represent the Council in court and outside it. 2-the powers referred to in the preceding paragraph may be subdelegated in Vice President. 3-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 terminate staff contracts, authorize secondments, requisitions, transfers, exchanges and services committees, in accordance with the general law in force.

Article 9 powers of the Secretary of the Supreme Judicial Council Without prejudice to the provisions of paragraph 3 of the preceding article, the Secretary of the Superior Council of the Magistracy, in addition to the own powers defined in 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.

CHAPTER II organisation article 10 bodies and services services 1-the Supreme Judicial Council 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 two sections, composed of members of the Council, relating to the monitoring and connection to the judicial courts and the monitoring of training and recruitment. 3-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. 6 article 11 1 Board-the Board of Directors 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-it is the Board of Directors: a) give advice on annual activity plans and on their implementation reports; 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 to ensure their implementation; g) approve the accounts for management and promote your submission to the Court of Auditors, in accordance with the law of budgetary implementation; h) to authorize the establishment of revolving funds for the payment of small expenses, establishing rules under its 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. 3-the Board of Directors shall meet ordinarily, once a month, and 7 extraordinarily, whenever called by the Chairman, either on his initiative or at the request of three of its members. 4-for the validity of the resolutions of the Board of Directors requires the presence of at least five of its members, including the President or, in the cases referred to in point (d)) of paragraph 2, the Vice President. 5-meetings are any person appointed by an official appointed by the President.


Article 12 monitoring section and link to the judicial courts 1-monitoring section and link to the judicial courts is composed of the President, which coordinates, by Vice President and six elected by the plenary vowels. 2-the monitoring section and link to the judicial courts: a) the information provided by Treating 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 the 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 in judicial courts, in particular in the management of appointments, placements, transfers and replacements of judges of the judicial courts and cooperate 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. 8 3-monitoring section and link to the judicial courts is assisted in the exercise of its powers, by the support Office to the Vice President and members of the Superior Council of Magistracy.

Article 13 monitoring section of the training and recruiting 1-monitoring section of the training and recruiting is composed of the President, which coordinates, and by two members of the Superior Council of Magistracy, one of which necessarily superior to that of magistrate judge. 2-the monitoring section of the training and recruitment: a) Accompany the activities of initial and continuous training carried out by the Centre for Judicial Studies, ensuring an effective connection to the Centre by the Superior Council of the Magistracy; b) Submit suggestions and proposals for study plans and activities intended for initial and continuing training of judges, to be submitted to the plenary of the Superior Council of Magistracy, and shall implement the decisions of this; c) Coordinate the process of appointment of judges to juries of ticket contest on initial training and for trainers of the Judicial Studies Centre, as well as for other training activities conducted by this establishment, as provided for by law; d) ensure coordination with the Centre for Judicial Studies in the process of appointment of judges to teachers this establishment; and) Coordinate the procedures for appointment of judges in internship scheme and ensure liaison with the Judicial Studies Center in the stage, in accordance with the law. 3-follow-up section of the training and recruiting is assisted in the exercise of its powers, by the support Office to the Vice-President and the members of the Superior Council of Magistracy. 9 article 14 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) the Office of communication, institutional relations, studies and planning; and the support Office) Vice President and members of the Superior Council of Magistracy.

Article 15 frame services and legal movements 1-the Directorate of judicial services and movements frame ensures, 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: 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; d) Ensure the expedient concerning the Organization of shifts to ensure the urgent service in the judicial holidays and on Saturdays and holidays falling on Sunday; and work on) composition of collective courts; f) Organize and update the biographical and disciplinary record, as well as the registration of faults and licences; g) Prepare and maintain a list of antiques and book and move the process of complaint about the same report; h) Book and move the file on the complaint process against 10 acts performed by the Permanent Council by the President, by the vice President or the vowels; I) Book and move open cases with exhibitions of public authorities, including judges, concerning the operation of the judicial courts. j) Book and move files relating to claims or determinations of acceleration of procedure initiated in accordance with the legislation in force; l) Make counting the length of service for retirement purposes and organize the processes relating to retirement and retirement; m) Prepare the tables for the sessions of the Superior Council of the judiciary; n) Ensure the expedient concerning ordinary and extraordinary inspection procedures; the) Collaborate in the preparation of a map of inspections; p) collaborate in the elaboration, adjustment and application of vacation maps of judges; q) Book and move the file on the investigation and inquiry, as well as to disciplinary proceedings; r) Ensure the file relating to the inquiry; s) Provide administrative and secretarial support to the inspection services. 3-frame 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) s) of the preceding paragraph.

Article 16 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 shall: a) Prepare the draft annual budget and its amendments; 11 b) monitor 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 discounts; h) Verify and process the documents; I) issue the identity cards and promote work on the provisions of article 25; j) perform the functions involved in the receipt, distribution, shipping and correspondence file and other documents; l) Collect, organize and maintain updated information on the human resources of the Superior Council of the judiciary; m) register of attendance and seniority of staff; n) Promote the professional training of staff; the studies necessary to correct) preparing staff allocation to the various services of the Superior Council of the judiciary; p) report on the issues concerning the application of the system of civil service to be submitted; q) Ensure surveillance, security, cleaning and storage of the facilities, equipment and vehicles; r) Manage the vehicles used for the Superior Council of the Magistracy; s) Keep updated the cadastre and the property and mobile inventory and the inventory and records relative to the car park; t) Promote the conservation, storage and distribution of goods and current consumption and ensure the management of stocks; 12 u) and move the Office hours for the role assigned to the judges houses. 3-the direction of administrative and financial services integrates the administrative-financial and General Affairs Division, which has the powers referred to in points (a)) h) and q) u) of the preceding paragraph.


Article 17 legal documentation and information Division 1-Division is responsible for legal documentation and information: a) to organize and ensure the management of the library of the Superior Council of the judiciary, encouraging in particular the acquisition 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. h) Planning and ensure the management of the informative systems of the Superior Council of the judiciary; I) Proceed to a diagnosis of the needs that arise in the operation of these systems and to formulate the corresponding proposals; j) Become accessible to members of the Superior Council of the judiciary the major legal databases on legislation, jurisprudence and doctrine, 13 foreign and domestic. l) 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; m) technically Support the preparation of the specifications, the selection, acquisition, procurement and installation of equipment; n) Maintain and update the news services that the Superior Council of Magistracy will make available to external users; the) Manage the Supreme Judicial Council on the Internet. 2-the legal documentation and information division integrates a computer unit to which the exercise of powers laid down in points (a) to (h))) of the preceding paragraph.

Article 18 communication, institutional relations office, studies and planning 1-the Office of communication, institutional relations, studies and planning have competences in the framework of the joint between the Superior Council of Magistracy and the media and citizens, within the framework of the joint between the Superior Council of Magistracy and institutional entities and foreign nationals and, yet, in the context of studies and opinions relating to the functioning of the courts. 2-the Office of communication, institutional relations, studies and planning is coordinated by a member of the Superior Council of Magistrates, elected by the plenary, and works in dependence on the President. 3-the Office of communication, institutional relations, studies and planning integrates two mandatory elements with training and experience in the area of social communication. 4-it is the Office of communication, institutional relations, studies and planning, in the framework of the joint between the Superior Council of Magistracy and 14 domestic and foreign institutional entities: 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 observance of the law and directives; g) collect and analyse information and trends of opinion 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; 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; l) promote internal disclosure of the half-yearly report as well as other items collected for the purpose of analysis and preparation of proposals for appropriate action and appropriate measures. 5-it is the Office of communication, institutional relations, studies and planning, in the framework of the joint between the Superior Council of Magistracy and the media and citizens: a) Support the Superior Council of the Magistracy, in the area of their own powers, in the actions of national and international representation and 15 cooperation; b) coordinate the participation of the Superior Council of Magistracy, in scope, in all committees, meetings, conferences or similar organizations of justified interest, which, at both national and international, taking place in the area of Justice; c) give appropriate support, on request, to international delegations who are in Portugal to participate in initiatives relating to the area of the courts; d) Ensure the monitoring and development of protocols that the Superior Council of the Judiciary establish with national and international bodies; and response and follow-up) ensure the technical-scientific correspondence or information coming from national or international bodies; f) collect the information to refer to Portuguese Agent to the European Court of human rights; g) Support the services of Portuguese contact point of the European judicial network in Civil and commercial matters (RJECC), the contact point of the Ibero-American network of judicial cooperation (Iber-network) and the point of contact of Portuguese Language countries judicial network based on Superior Council of the Magistracy as well as the other international cooperation infrastructure that will work. 6-the powers referred to in the preceding paragraph shall be performed in accordance with a regulation, approved by the Supreme Judicial Council, which contains the rules and procedures regarding contact with the citizens. 7-it is the Office of communication, institutional relations, studies and planning, in the context of studies and opinions relating to the functioning of the courts: a) Elaborate studies of situation and analysis on the functioning of the courts, the request of the members of the Superior Council of the judiciary; b) supporting the Supreme Judicial Council in the formulation of measures that are intended to improve the functioning of the courts; 16 c) Collaborate with specialised sections and link to the judicial courts and monitoring of training and recruitment; d) prepare studies and formulate proposals of working models that aim to ensure the efficiency and productivity of the Secretariat at the request of the Secretary of the Superior Council of the judiciary; and analysis of information) collected in accordance with paragraph 1 and propose the adoption of appropriate and relevant action; f) prepare the draft annual report on the activities of the Superior Council of the judiciary; g) Present periodically a report on the attitude of the citizens regarding the functioning of the courts;


Article 19 support Office to the Vice President and members of the Superior Council of Magistracy 1-the Vice President and the members 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, four deputies and two Secretaries, and an affection only to Vice President. 3-In his absences or impediments, the Chief of staff is replaced by one of the deputies, appointed by the Vice President. 4-the Office may be assisted by a maximum of two assessors. 5-the Cabinet members and aides are freely provided and exonerated by the President of the Supreme Judicial Council, on a proposal from the plenary, except as provided in the following paragraph. 6-the Secretary's Chief of staff and the Vice President are freely provided and exonerated by the President of the Supreme Judicial Council, on a proposal from the Vice President. 17 7-the members of the Cabinet and the assessors shall apply, mutatis mutandis, the conditions of appointment, removal, warranty, duties and salary applicable to the members of the ministerial offices, pursuant to Decree-Law No. 262/88, of July 23, getting deleted as regards advisers, the application of the provisions in article 9 of this decree-law. 8-Cabinet members and aides 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 regardless of publication in the Official Gazette. 9-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. 10-When the provided are employees of the central, regional or local administration or public institutes, 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. 11-When the supplied are workers of particular enterprises, public or private, shall carry out their duties under request, in accordance with the general law in force for the respective sector. 12-The members of the Cabinet or serving teachers or aides of scientific research 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 deadlines for the submission of reports or provide evidence that they are attached. 13-non-magistrates accessors 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. 14-The remedies do not confer in itself to link public function. 15-the performance of functions in the Office is incompatible with the exercise of advocacy, solicitor or any other function or legal activity 18. CHAPTER III of the staff article 20 personnel Regime for Superior Council of the Magistracy shall be governed by the provisions of this law, by the respective statutory qualifications for magistrates or officers of Justice, and, in everything that is not incompatible with them, by the general scheme of the civil service. Article 21 appointment of officers of Justice 1-The seats of bailiffs are provided by appointment, in service, in accordance with article 54 of Decree-Law No. 343/99, of 26 August. 2-service commissions of bailiffs for the exercise of functions of Secretary of the inspection of the Superior Council of the Magistracy shall apply article 131 of Decree-Law No. 343/99, of 26 August.

Article 22 1-staff establishment plan Manager of the Superior Council of Magistracy is contained in the map of annex I to this law, and which is an integral part. 2-the establishment plan of bailiffs is approved in accordance with article 124 of law No 3/99 of 13 January, which approved the law on organization and functioning of the Judicial Courts. 3-the other staff of the Superior Council of Magistracy is approved by order of the members of the Government responsible for the areas of finance, public administration and justice, on a proposal from the Superior Council of the Magistracy. 19 article 23 personal identity card the staff serving in the Supreme Judicial Council has the right to the use of identity card, as annex II to this law, and which is an integral part of it. CHAPTER IV transitional and final provisions article 24 1-staff Transition 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 24, in the same career, category and rank.

2-keep existing service fees at the time of the entry into force of this law. 3-the adaptation of the existing support services to the provisions of this law shall be concluded within two years after the entry into force of the same.

Article 25 set Standard is revoked Decree-Law No. 27/92, of 27 February.

Article 26 entry into force this law enters into force on 1 January 2008.

Seen and approved by the Council of Ministers of 21 December 2006 20 Prime Minister the Minister of Parliamentary Affairs Minister Presidency annex I Map referred to in paragraph 1 of article 24 APPOINTMENT OF DIRECTORS POSITIONS QUALIFICATION of GRADE LEADERS POSITIONS NUMBER of intermediate Direction Services Director PLACES 1st Degree 2 Division Chief intermediate Direction 2 Degree 3 21 Annex II identification card the model referred to article 27.
(a) Superior Council of the Magistracy (b) ID card number _ _ _ _ _ _ _ _ _ Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Category _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the Judge-Secretary _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (c) (c) this card ensures the recognition of the quality of its wearer as an element of the body of the Superior Council of the Magistracy of the Signature holder _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (a)-(b) green color – red (c) – white colour width: 10 cm height: 7 cm PORTUGAL photography (White Label)