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PROPOSED LAW NO. 156 /X

Exhibition of Motives

It is consensually recognized the need for reform of the legislation concerning the

admission to the magistrates and the training of magistrates.

In fact, in particular with regard to the requirement for a waiting period of

Two years from the date of graduation to join the Center for Judicial Studies

and at the time that the auditors must opt for one of the magistratures, the

current regime has been the subject of criticism, and the time has come to review it.

The proposed reform is comprehensive. By maintaining the institutional model, they are reviewed,

notably, the recruitment and selection regime, the training-initial and continuing

-of the magistrates and the very structure and functioning of the Centre for Studies

Judiciaries.

Among the proposed innovations, it is to highlight the framework at the Centre for Studies

Judiciaries of selection, recruitment and training of magistrates for the Courts

Administrative and Fiscal. In fact, they do not see background reasons for the CEJ

have a function in the training of judicial magistrates and another, substantially

different, in the formation of judges of the Administrative and Fiscal Tribunals. In

consequence, goes on to also provide for the representation of the Superior Council of the

Administrative and Tax Courts in the organs of the CEJ, in terms analogous to that of the

Top Councils of the Magistrature and the Public Prosecutor's Office.

With regard to the admission to the initial training of magistrates, it is revoked

requirement of the course of two years after the completion of the licentiate-requirement whose

positive effects were left to be demonstrated. That requirement, founded in the mere course of the

time, is replaced by substantial requirements and-with a view to promoting the

diversification in the ingress-alternative. They are therefore created as two alternative sets of

ingress requirements, which add to the generalist training provided by the

degree in law: one based on the educational qualifications obtained, another based

in the experience gained, qualified and relevant for the future exercise of the profession.

It is valued, for, in the spirit of "Bologna", the skilled know-how and the " learn

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doing " and stimulates the diversification of sabers and experiences of the candidates that

will enter the professional training oriented towards the exercise of the magistratures that,

that yes, it is up to CEJ to guarantee.

Also the selection methods are the subject of review, particularly to promote

a rigorous selection adapted to the diversified routes of ingress.

On the other hand, with a view to an appropriate differentiation of the functions of each

magistrate-but without prejudice to a first large scale formation cycle

common-the option by the judgeship (judicial or the Public Prosecutor's Office) is taken in the

start of training. In consequence, the curriculum plans and the contents of the

programs of the theoretical-practical training should reflect that differentiation, predicting,

in addition to the common training, some modules geared specifically for each

magistrature. They must still provide for, in addition to the essential core of the training, subjects

optional, with a view to promoting the individualisation of training, also in the spirit of

"Bologna".

In the second cycle of the training, which runs in the courts, already in the framework of the magistrate

chosen, in addition to the activities in the court the auditors carry out short internships

duration in non-judicial entities. It thus provides a comprehensive perspective

and diversified from social reality and other professional realities.

The internship period goes on to obey an individual plan, of harmony with the

concern above, and sees its duration increased, preceding the appointment at

regime of effectiveness by the Councils.

Taking into account the accelerated pace of social changes, as reflected in consequent

changes of the legal system, requiring the constant magistrates reflection and

updating, the training of magistrates must be permanent, throughout the whole

professional career. Thus, it is to re-enter the mission of the CEJ, which cannot focus on

in an annual massified provision of initial training, and must have

availability to give a relevant place to the training throughout the entire career. The

continuing education activities should include not only actions directed at the

magistratures, but still actions directed also at advocacy and other professions

linked to forensic activity, in such a way that they can constitute a trait of union between

different professional experiences. The training offered by the CEJ should include still

the specialized training, vocated for the preparation of the magistrates that

admission to specialized jurisdiction courts. It will, then, fit the statutes

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professionals to properly value the continuing and specialized training in the

respective careers and define the terms in which this is mandatory or optional.

The Higher Council of the Magistrature was heard, the Higher Council of the

Administrative and Fiscal Courts, the Higher Council of the Public Prosecutor's Office and the

Order of Lawyers.

Compliance was given to the collective bargaining procedure, pursuant to the Act

n. 23/98, of May 26.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Title I

Subject

Article 1.

Subject

This Law sets out the arrangements for admission to the magistratures, initial training and

continual of magistrates and the nature, structure and functioning of the Centre for Studies

Judiciary, abbreviately designated CEJ.

TITCHAPTER II

Admission and training activities

CHAPTER I

General provisions

Article 2.

Professional training of magistrates

The professional training of magistrates for judicial tribunals and the courts

administrative and tax covers the initial training and training activities

continuous, in the regulated terms in the following chapters.

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Article 3.

Cooperation in training activities

1-Training activities may also cover other magistrates, candidates

to the judgeship and practitioners who intervene in the framework of the administration of justice,

national and foreign, under the terms of the cooperation agreements concluded between the CEJ

and other entities, in particular within the framework of the European Union and the Community of

Portuguese Official Language Countries.

2-The magistrates and the candidates for foreign magistrates have the right to

participate in the training activities in terms analogous to those established for the

auditors of justice and under the conditions set out in the internal regulation of the CEJ, except

as to the right to the training grant provided for in Article 31 (5).

Article 4.

Annual plan and report of activities

1-The year of activities of the CEJ is commencement on September 1 and ends on July 31.

2-Training activities are listed in the annual plan of activities that must be

approved until the July 31 immediately prior to the beginning of the subsequent year.

3-The annual report of activities is submitted to the Minister of Justice until

December 31, after appreciation by the general counsel.

CHAPTER II

Procedure for admission to the initial training

Section I

General provisions

Article 5.

Ingress requirements

They are general admission requirements in the initial training of magistrates and admission to

contest:

a) Be a Portuguese citizen or citizen of Portuguese-speaking states with

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permanent residence in Portugal, to whom it is recognized, in the terms of the law and

in conditions of reciprocity, the right to the exercise of the functions of magistrate;

b) Be a holder of the degree of licentiate in law or legal equivalent;

c) Be a holder of the master's degree or doctor or legal equivalent, or possess

professional experience in the forensic area or in other areas of legal relief of

effective duration of not less than five years; and

d) Bring together the remaining general requirements of provement in public functions.

Article 6.

Contest

1-The entrance in the initial training of magistrates takes place through concourse

public.

2-The contest may have as its purpose the filling of vacancies in the magistratures

judicial and the Public Prosecutor's Office or the filling of vacancies of judges of the courts

administrative and fiscal.

3-Ingress in the initial training the candidates who, having been approved in the contest,

have become graduates in position that contains within the number of vacancies

available, with respect for the fixed ticket quotas.

Article 7.

Information on the needs of magistrates

The Superior Council of Magistrate, the Superior Council of Courts

Administrative and Fiscal and the Attorney General of the Republic transmits annually

to the Minister of Justice, until the July 15, reasoned information as to the

predictable number of magistrates required in the respective magistrate, having in

account for the duration of the initial training.

Article 8.

Opening of the contest

1-When the need for magistrates to justify the holding of a contest of

ingress, the Minister of Justice authorizes the opening of tenders.

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2-The order of authorization provided in the preceding paragraph sets the number of vacancies a

fill in each magistrate.

Article 9.

Quota for admission

1-In the contest for filling vacancies in the judicial magistrate and the Ministry

Public is reserved, in respect of each magistrate, a ticket quota of 25%

for each of the two routes of admission provided for in the paragraph c) of Article 5.

2-In the contest for the filling of vacancies of judges of the Administrative Courts

and Fiscal is reserved a ticket quota of 25% for each of the two routes of

admission provided for in paragraph c) of Article 5.

Article 10.

Notice of opening

1-Compete to the Director of the CEJ to publish in the Journal of the Republic the warning of

opening of the contest, within not more than 30 days from the date of dispatch of

authorisation referred to in Article 8.

2-Of the notice shall contain the following elements obligatorily:

a) Requirements for admission to the contest;

b) Methods of selection to be used and respective stages, with indication of the respective

eliminative character;

c) Subjects of the evidence and their reference bibliography;

d) Final classification system to be used;

e) Entity to which the application application must be submitted, respective

address, delivery time, form of presentation, documents to be joined, mode

of payment of the comparticipation referred to in paragraph 4 of the following article and other

indications necessary for the formalisation and instruction of the application;

f) Indication that the non-presentation of the supporting documents of the

requirements demanded and indicated in the notice, save those in this consideration

temporarily dispensable, determines the non-admission to the contest;

g) Forms of publicising the list of admitted and non-admitted candidates and the

results of the application of selection methods and their respective phases, as well as

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of the final and graduation ranking lists.

Article 11.

Submission of application

1-A The application for the contest is made by application directed to the director of the

CEJ, to be submitted within 15 days from the date of publication of the notice of

opening, accompanied by the documents required for instruction of the individual process

of application.

2-Without prejudice to the provisions of the preceding paragraph, the candidates possessor of the

requirement referred to in the 2 th part of the c) of Article 5 may present others

documents that understand relevant for appreciation of your curriculum.

3-The application must expressly state which route of admission of those provided for in the

point ( c) of Art. 5 under which the application is submitted.

4-Applicants running for the contest for filling vacancies in the

judicial magistrate and the Public Prosecutor's Office and the contest for the filling of

vacancies of judges of the Administrative and Fiscal Courts declare, in the requirements,

what is your option in the case of staying empowered, pursuant to Rule 28 (1), in

both contests.

5-By the submission of the application is due to the payment of comstake in the

cost of the procedure, in amount to be fixed annually by dispatch of the Minister of

Justice.

6-To candidates who submit application for the contest for judicial tribunals and

to the contest for the Administrative and Fiscal Courts is required to pay a

only comparticipation.

Article 12.

Lists of candidates admitted and not admitted to the contest

1-Compete to the Director of the CEJ, after verified the compliance of the applications

with the requirements for admission to the contest, approve the list of the admitted candidates,

by admission, and of the non-admitted, with an indication of the respective reason.

2-Within 15 days of the expiry of the deadline set for the submission of the

applications, the list referred to in the preceding paragraph shall be affixed to the seat of the CEJ and, in the same

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date, advertised on the CEJ website, with mention of the date of affixing.

3-From the list falls claim to the Director of the CEJ, within five days of the

date of its affixing.

4-Decide the complaints, within 15 days of the expiry of the deadline

for your presentation, or not the ones going on, the definitive list of the admitted candidates and

not admitted is affixed at the CEJ headquarters and advertised on the respective site at the Internet , in the

date of publication in Journal of the Republic of warning about the affixing.

Article 13.

Juries of selection

1-Compete to the Director of the CEJ set the number of selection juries, depending on the

number of candidates admitted to the contest.

2-Juries can be differentiated depending on the method of selection to be applied or

respective phases.

3-The jury of the written stage of the evidence of knowledge is composed of three members:

a) A judicial magistrate;

b) A magistrate of the Public Prosecutor's Office;

c) A jurist of recognized merit or a personality of recognized merit

from other areas of science and culture.

4-The jury of the oral phase of the evidence of knowledge and the jury of the curriculum evaluation are

compounds by five members:

a) A judicial magistrate or, in the contests for the filling of vacancies of

judges of the Administrative and Fiscal Courts, a judge of the jurisdiction

administrative and tax;

b) A magistrate of the Public Prosecutor's Office;

c) An attorney;

d) A jurist of acknowledged merit;

e) A personality of recognized merit from other areas of science and culture

or a representative of other sectors of civil society.

5-The magistrates who make up the juries are appointed by the respective Council

Superior, being the remaining members appointed by the Minister of Justice, under proposal

of the Order of Lawyers, in the case of point (s) c) of the preceding paragraph, or of the Director of the

CEJ, in the remaining cases.

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6-The Chair of each jury shall be appointed by the Director of the CEJ from among judges of

superior courts and attorneys general-adjoining or, in the absence of these, others

magistrates who integrate it.

7-A The composition of juries appears on notice to be published in the Journal of the Republic and on the site

of the CEJ in the Internet , up to 15 days prior to the application of the respective selection method.

8-When, in accordance with paragraph 1, several juries are constituted, the Director of the CEJ

presides over the meetings of the presidents of the juries.

Section II

Methods of selection

Article 14.

Types

The methods of selection to be used are as follows:

a) Evidence of knowledge;

b) Curriculum evaluation;

c) Psychological examination of selection.

Article 15.

Evidence of knowledge

1-The evidence of knowledge focuses on the subjects listed in the notice of

opening of the contest and are provided, successively, in two qualifying phases:

a) Phase written;

b) Oral phase.

2-In the case of candidates running on the basis of the second part of the c) from the

article 5, the oral stage is replaced by the curriculum evaluation provided for in Article 20.

Article 16.

Phase written

1-A The written phase aims to evaluate, in particular, the quality of the information transmitted

by the candidate, the ability to apply for the right to the case, the relevance of the content

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of the responses, the capacity for analysis and synthesis, the simplicity and clarity of the

exhibition and the field of the Portuguese language.

2-A The written stage of the contest for the judicial tribunals comprises the realization of the

following evidence of knowledge:

a) A proof of resolution of civil and commercial law cases and law

civil procedural;

b) A proof of resolution of cases of criminal law and criminal procedural law;

c) A proof of development of cultural, social or economic themes.

3-Addressing candidates who compete on the basis of the second part of the point c) from the

Article 5, the proof of the written phase consists in the drafting of a decision by the

provision of a set of relevant parts that are customarily built of a

judicial process, in civil or criminal matters, depending on the choice of the candidate.

4-A phase writing of the contest for the filling of vacancies of judges of the Courts

Administrative and Taxation understands the achievement of a proof of case resolution

of law and administrative and tax proceedings.

5-Addressing candidates who compete on the basis of the second part of the point c) from the

article 5, proof of the written stage of the contest for the filling of vacancies of judges

of the Administrative and Fiscal Courts consists in the drafting of a decision by the

provision of a set of relevant parts that are customarily built of a

judicial process, in administrative or tax matters, depending on the option of the

candidate.

6-Compete to the Director promoting the design of the evidence of knowledge of the phase

writing and respective correction grills.

7-A The written phase runs under the anonymity of the candidates, implicating their break down the

cancellation of the respective evidence by the jury.

8-The evidence is carried out with a minimum interval of one week with each other.

9-Each proof of knowledge of the written phase has the duration of three hours, with

exception of those provided for in n. the

3 and 5, which have the duration of four hours.

10-Applicants may consult, in the terms set out in the Rules of Procedure,

legislation, jurisprudence and doctrine for the provision of evidence of knowledge of the

written stage, with the exception of the evidence referred to in the c) of paragraph 2.

11-On the immediate day when carrying out any of the evidence in the written phase, the

respective correction grid is advertised by disclosure on the CEJ website at the Internet and

fixture at the headquarters of the CEJ.

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12-The jury respects the criteria resulting from the grid in the correction of the proof, not

may diverge from the same in prejudice to the candidate.

13-Are admitted to the oral phase or to the curriculum evaluation the candidates who obtain

rating equal to or greater than 10 values in each of the evidence of knowledge

that integrate the written phase.

Article 17.

Application for proof review of the written phase

1-The request for review of evidence from the written phase is permitted.

2-The application is made by means of a reasoned application pursuant to paragraph 3, directed

to the director of the CEJ.

3-The application for review of the proof shall expressly state the vices, of character

technical and scientific, of application of the correction and classification criteria or other

addiction or relevant procedural error, under penalty of rejection of the application.

4-For the purposes of the previous figures, applicants may apply, in the Division of

General Support, within 48 hours of the date of the tariff affixing with the

classifications of the evidence of knowledge of the written phase, the delivery of photocopying

simple of the evidence that they want to ask for the review, and the application should be satisfied

within the following 24 hours.

5-The deadline to apply for the proof review is five days, counted as of the date of the

delivery of the copy of the proof by the General Support Division.

6-By the request for review is required the payment of comstake in the cost of the

procedure, in amount to be fixed by dispatching from the Minister of Justice, the

amount restituted to the candidate in the event of a favourable decision.

7-If the application is in accordance with the provisions of the n. the

2 and 4, the Director

designates jury, different from the one that corrected and classified the proof, to proceed to the review.

Article 18.

Proof review of the written phase

1-A proof review is done by the designated jury, maintaining the anonymity of the

candidate.

2-A Decision on the application for review focuses on the issues invoked by the

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recurring and may cover others, not expressly invoked by the latter, whose

reassessment that decision implies.

3-A The proof review does not suspend the provision of the evidence from the oral phase, nor by the

applicant, or by other applicants, if the application is for the purpose of review of proof

whose classification is equal to or greater than 10 values.

4-In the event that the review application has per object proof with a classification of less than 10

values, and the applicant is admitted to the oral stage as a result of the decision on the

application, will be set date for the respective provision of the evidence of the oral phase.

5-It is not admitted request for review as to the evidence already reviewed.

Article 19.

Oral phase

1-A The oral phase aims to assess, specifically, the candidate's legal knowledge, the

capability of criticism, argumentation and exposure, oral expression and field of

Portuguese language.

2-A The oral phase comprises the achievement of the following evidence of knowledge:

a) A discussion on topics of constitutional law, law of the European Union

and judicial organization,

b) A discussion on civil law and civil procedural law and commercial law;

c) A discussion on criminal law and criminal procedural law;

d) A discussion on topics of administrative law, economic law, law

of the family and children and right of the work.

3-In the contest for the filling of vacancies of judges of the Administrative Courts

and Fiscal, the oral stage comprises the realization of the following evidence of knowledge:

a) A discussion on topics of constitutional law, law of the European Union

and judicial organization;

b) A discussion on civil law and civil procedural law;

c) A discussion on topics of administrative law and tax law;

d) A discussion about procedure and administrative and tax process.

3-Each proof has the maximum duration of 30.

4-A determination of the subject area of the evidence as referred to in point d) of paragraph 2 results

of draw realized in advance of 48 hours.

5-The evidence is public, only not being able to assist applicants other than the

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have still been provided.

6-Are admitted to the psychological selection exam the candidates who obtain

rating equal to or greater than 10 values in all evidence of knowledge that

integrate the oral phase.

Article 20.

Curriculum evaluation

1-A The curriculum assessment is a public evidence provided by the candidate, with the aim

of, through the discussion of their pathway and curricular activity, evaluate and classify the

consistency and relevance of your professional experience, in the forensic area or in other

areas of legal relief, for the exercise of the judgeship.

2-A proof of curriculum assessment includes:

a) A discussion of the curriculum and the professional experience of the candidate;

b) A discussion on subjects of law, based on the experience of the candidate,

which can take the form of exposure and discussion of a practical case, should the

candidate manifests this preference.

3-A The proof has the duration of 60, and may be exceptionally extended

for a maximum of 30, at the request of the candidate or by decision of the President of the

jury.

4-In the curricular assessment, the jury uses the following weighting criteria:

a) The set of factors related to the consistency and relevance of the

professional experience of the candidate is worth 60%;

b) The set of factors related to design, structure and presentation

material from the curriculum and with the quality of the candidate's intervention in the

discussion of the curriculum is worth 20%;

c) The set of the factors related to the quality of the intervention in the

discussion of subjects of law is worth 20%.

5-Are admitted to the psychological selection exam the candidates who obtain

rating equal to or greater than 10 values in the curriculum evaluation.

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Article 21.

Psychological selection examination

1-The psychological selection examination consists of a psychological assessment carried out by

competent entity and aims to assess the abilities and characteristics of personality

of the candidates for the exercise of the judgeship, by using techniques

psychological.

2-A The psychological assessment has the minimum duration of one hour, being guaranteed to

privacy of the exam.

3-The result of the psychological examination is expressed through written opinion, translated

by the mentions of "favorable" or "unfavorable" and is communicated to the jury of the oral phase

or of the curriculum evaluation.

4-The opinion is attached to the minutes drawn up by the jury of the oral phase or the curriculum evaluation and

has a confidential nature.

5-The candidate who has the mention of "unfavorable" may hold a second

psychological examination with another or other named psychologists, at your request or by

proposal of the jury.

6-In the case provided for in the preceding paragraph, being the candidate's request, the cost of the

examination is supported by the one.

Article 22.

Forms of the advertiicitation

1-Are advertised on the CEJ website at the Internet and affixed at the headquarters of the CEJ:

a) The notices of convocation of the candidates for the application of methods of

selection, with mention of the respective date and place, save when stated in the

notice of opening of the contest;

b) The tariff with the classifications of the evidence of knowledge of the written phase;

c) The tariff with the classifications of the evidence from the oral phase.

2-The forms referred to in the preceding paragraph constitute the only official forms of

dissemination of the elements and results, therein mentioned, to the candidates.

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Article 23.

Faltas

1-The justified lack of a proof of knowledge, in each of the

respective phases.

2-It is allowed to falsely fail once:

a) To the proof of curriculum evaluation;

b) To the psychological examination of selection.

3-The candidate may apply to the Director of the CEJ the justification of the lack to which if

refer to n. the

1 and 2, within 24 hours, from the time set for the beginning of the

application of the selection method.

4-If the lack is deemed to be justified, it is designated new day for the application of the

selection method.

5-The flawings that do not fall in the provisions of the preceding paragraphs are

unjustified.

Section III

Classification and graduation

Article 24.

Candidates approved and excluded

1-Applicants who get the "favorable" mention in the exam are approved

psychology of selection.

2-Are excluded the admitted candidates who:

a) They fail unjustifiably, in accordance with paragraph 5 of the previous article;

b) They obtain classification of less than 10 values in any of the evidence of

knowledge that integrates the written phase and the oral phase;

c) Get the "unfavorable" mention in the psychological selection exam;

d) Declare, expressly and in writing, to give up the procedure up to the last

day of application of the last method of selection of the contest.

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Article 25.

Final classification

1-A The final classification of the approved candidate is the result of the arithmetic mean

simple of the classification obtained in the written phase and the classification obtained in the oral phase of the

evidence of knowledge, save the provisions of paragraph 2.

2-A Final ranking of the approved candidate, dealing with candidates who

compete on the basis of the second part of the c) of Article 5, is the result of the average

of the classifications obtained in the curriculum evaluation and the evidence of knowledge, with the

next weighting:

a) The classification of the curriculum evaluation proof is worth 70%;

b) The ranking obtained in the written phase is worth 30%.

3-A The classification of the written phase is the result of the proof of knowledge that

corresponds to the written stage or, in cases where it is carried out more than a proof, of the

simple arithmetic mean of the classification obtained in each of the respective proofs.

4-A classification of evidence of knowledge, curriculum evaluation and the

final rating is expressed on the scale of zero to 20 values, with rounding up to

to the thousandths.

Article 26.

Graduation list of the approved candidates and list of the excluded candidates

1-In a meeting of the jury of the last method of selection applied or, with more than

a jury, of the presidents of juries, is drawn up the graduation list of the candidates

approved, by way of admission, and the list of the excluded candidates, with indication of the

respective reason.

2-The lists referred to in the preceding paragraph shall be approved by the Director of the CEJ,

affixed at the registered office of this and advertised on the respective site at the Internet , on the date of

publication in Journal of the Republic of warning about the affixing.

Article 27.

Graduation

1-A The graduation of the approved candidates is made by descending order of the respective

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final classification.

2-In case of equality in the final ranking between candidates, consider for

graduation effects, successively, the highest academic degree and age, preferring the

older.

Article 28.

Habilitation for the frequency of the theoretical course-practical

1-Stay enabled for the frequency of the theoretical course-immediate practice the candidates

approved, by order of graduation, up to the filling of the total vacancies in

contest, with respect for the respective ticket quotas.

2-For the purposes of the provisions of the preceding paragraph, the lack of successful candidates for the

filling the vacancies relating to one of the ticket quotas does not preclude the

fulfillment of the total vacancies in tender through the appeal to candidates

approved by another route of admission.

3-With the affixing of the graduation lists provided for in Article 26, the

habilitated candidates.

4-Mediant application, the candidate entitled in the terms of the provisions in the numbers

previous may exceptionally be authorized by the Director of the CEJ to join in

theoretical course-practical posterior to the one to which the contest gives admission, on grounds

special and reasonably serviceable, and for a single time.

5-In the case referred to in the preceding paragraph, it is admitted to the frequency of the theoretical course-

immediate practical the following candidate, according to graduation, applying

subsidiary, when there is no other candidate, the provisions of paragraph 2.

6-Apque candidates who have not been enabled for the frequency of the course

theoretical immediate practical, because of lack of vacancies, are exempted from providing evidence in the

immediately following contest, getting graduates jointly with the candidates

who compete for this one.

Article 29.

Option of judgeship

1-Applicable candidates for the frequency of the training course for the

magistratures in the court tribunals declare in writing their option by the judgeship

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judicial or by the magistrate of the prosecutor's office, within five days of the

publicising of the habilitated candidates.

2-The options manifested in the terms of the previous number are considered by order

of graduation, taking into account:

a) The set of vacancies to be filled either in the judicial magistrate, or in the

magistrate of the prosecutor's office;

b) In each set, the number of vacancies to be filled by who posits each of the

requirements set out in paragraph c) of Article 5.

3-Existing disproportion among the vacancies available in each judgeship, on the terms

of the previous number, and the options manifested, have preference for candidates with greater

graduation, according to the respective list.

4-Applicants who, in the face of the express option, have no vacancy under the rules

defined in the n. the

2 and 3, may, within three days of the affixing of that

information, require the change of your choice.

5-Applicants who do not have a vacancy available for the express option nor

require the subsequent option change are excluded from the course frequency.

CHAPTER III

Initial training

Section I

General provisions

Article 30.

Scope, place and regime

1-A initial training of magistrates for the court courts and the courts

administrative and fiscal comprises, in each case, a course of theoretical training-

practice, organized in two successive cycles, and a ticket internship.

2-The 1. cycle of the theoretical training course takes place at the CEJ headquarters, without

injury of short-lived interim internships in the courts.

3-The 2 th cycle of the theoretical-practical training course and the ingress stage arise

in the courts, within the scope of the chosen magistrate.

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Article 31.

Status of the auditor of justice

1-Applicant candidates in the ticket contest attend the training course

theoretical-practice with the status of an auditor of justice and become subject to the regime of

rights, duties and incompatibilities set out in this Law and of the Regulation

internal of the CEJ and, secondarily, to the regime of the administration officials

public.

2-The status of an auditor of justice acquires with the conclusion of contract of

training between the candidate habilitated in the contest and the CEJ, represented by the Director,

or in the terms of the provisions of paragraph 4.

3-The contract referred to in the preceding paragraph does not confer in any case the quality of

employee or agent.

4-The habilitated candidates who are officials or agents of the State, of institutes

public or from business public entities are entitled to attend the course of

theoretical training-practice in application regime, which does not depend on the authorization of the

organism or service of origin.

5-A The frequency of the theoretical-practical training course confers the auditor of justice the

right to receive a training grant, paid in 14 mensalities, of monthly value

corresponding to 50% of the index 100 of the indictable scale for the magistratures in the

judicial tribunals or, in the case of requisition and by the option of the auditor, to the remuneration of the

origin of origin, excluded supplements due for the actual exercise of the respective

functions.

6-The holidays to which the auditor of justice is entitled can only be enjoyed in the period of

judicial vacations, outside of the periods of training.

7-A dismissals of the course of theoretical training, exclusion and application of the penalty

of expulsion determine the loss of the status of auditor of justice, the extinction of the contract

of training or the termination of the requisition, as the case may be, and the extinction of the right to

training grant.

8-In the cases referred to in the preceding paragraph, the auditors of justice who find themselves in the

situation provided for in paragraph 4 resume their posts or duties, with a discount of the time

of frequency in the seniority relative to the post of origin, unless the desistance is

considered justified by dispatch from the Director of the CEJ.

9-The effects referred to in paragraphs 7 and 8 shall be produced on the day following that of the notification of

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deliberation of exclusion or expulsion to the auditor of justice or, in the case of desistance,

of the dispatch of the Director of the CEJ who accepts it.

10-In the event of an appeal and judicial suspension of the effects of exclusion or expulsion

is suspended until the final decision the payment of the training grant after the term of the course

of theoretical training-practice frequented by the bail-out auditor excluded or expelled.

Article 32.

Magistrates in internship scheme

The auditors of justice approved in the course of theoretical training are appointed,

depending on the cases, judges of law and procuratorates-adjoining, on an internship basis, in the

terms set out in Article 68.

Article 33.

Duty to stay in the judgeship

The magistrates who, without justification, were exonerated at their request before

decorations five years on the appointment as magistrates in probationary regime stay

required to reimburse the State in amount corresponding to the value of the scholarship

received.

Section II

Theoretical training course-practice

Subsection I

Common provisions

Article 34.

General objectives

1-The course of theoretical-practical training has as fundamental objectives

provide the auditors with the development of qualities and the acquisition of

technical skills for the exercise of the functions of judge in the judicial courts and in the

administrative and tax courts and the magistrate of the Public Prosecutor's Office.

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2-In the field of the development of qualities for the exercise of functions, the

theoretical-practical training aims to promote:

a) The understanding of the role of judges and the magistrates of the Public Prosecutor's Office in the

warranty and actuation of the fundamental rights of the citizen;

b) The integrated perception of the system of justice and its mission in the framework

constitutional;

c) The understanding of social conflation and multiculturality, under a

pluralistic perspective, in the line of deepening fundamental rights;

d) The clearance of critical and reflexive spirit and the attitude of openness to others

sabers in the analysis of the issues and the decision process;

e) The identification of the ethical requirements of the function and professional deontology, in the

perspective of the guarantee of the rights of citizens;

f) A culture of good practice in human relations, in the framework of

professional, institutional relations and with the citizen in general;

g) A culture and practice of lifelong self-training.

3-In the strand of the acquisition of technical skills, theoretical training is aimed at

provide the auditors with justice:

a) The consolidation and deepening of technical-legal knowledge

necessary for the application of the right;

b) The field of legal and judicial method in approach, analysis and resolution

of the practical cases;

c) The acquisition of knowledge and techniques from non-legal areas of the know, useful

for judicial understanding of the realities of life;

d) The understanding and mastery of the decision process upon the clearance of the

practical and legal intuition, the development of the capacity of analysis, of the

argumentation technique and the power of synthesis, as well as the call for weighting

of interests and the practical consequences of the decision;

e) The field of management modes and process technique, in a perspective of

to expedite the procedures oriented towards the final decision;

f) The acquisition of knowledge and the field of communication techniques with

relief for judicial intervention, including recourse to technologies of the

information and communication;

g) The use of the available informatics applications to manage the process of

electronic and dematerialized form;

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h) The acquisition of skills, within the framework of the organisation and management of methods of

work, appropriate to the context of exercise of each magistrate.

Article 35.

Duration

1-The 1 th cycle of the theoretical training course-practice begins on the September 15

subsequent to the ticket contest in CEJ and ends on the July 15 of the year

next.

2-The 2 th cycle starts on the September 1 subsequent to the end of the 1º cycle and ends

on the July 15 of the following year, save the provisions of paragraph 3.

3-For the auditors of justice who entered the course under the provisions of the 2 th

part of the point c) of Article 5, the 2 th cycle ends on the last working day of February of the year

next, and may be extended exceptionally, by deliberation of the board

pedagogical, on a proposal from the Director, depending on the exploitation of the auditor of

justice, up to the date limit referred to in paragraph 2.

Subsection II

1. Cycle

Article 36.

Specific objectives

1-In the development of the general objectives of the theoretical training, the 1 th cycle

has for specific purposes, in the field of qualities for the exercise of functions:

a) To promote training on the topics relating to the administration of justice;

b) To propitiate knowledge of the principles of ethics and professional deontology,

as well as of statutory and deontological rights and duties;

c) Provide the differentiation of the functional and technical contents of each

magistrature.

2-In the matter of technical skills, the 1. cycle visa, specifically,

provide the auditors with justice:

a) The training on the practical importance of fundamental rights and the field

of the respective means of judicial protection;

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b) The acquisition and deepening of legal knowledge, of nature

substantive and procedural, in the areas relevant to the exercise of the

magistratures;

c) The development of the capability of approach, analysis and the power of

synthesis, in the resolution of practical cases, based on the problematic study of the

doctrine and jurisprudence, upon learning of the legal method and

judiciary;

d) The exercise in decision making, founded on a rational argumentation and in the

critical analysis of the experiment, in order to confer autonomy on the positions

assumed;

e) The field of procedural technique, privileging the prospects of agilization of the

procedures, the valorisation of the evidence and the reasons for the decisions, with

special incidence in the elaboration of the procedural parts, in the treatment of

matter of fact, in the procedures for the collection and production of the evidence, and in the

structuring of decisions;

f) The learning of judicial and process management modes, in a perspective

of rationalization of tasks by objectives;

g) The learning of the techniques of research, treatment, organization and exhibition

of the information, useful for the analysis of the cases, including the recourse to the new

technologies;

h) The acquisition of unlegal sabers with relief for legal activity,

particularly in the subject of legal medicine, judicial psychology, sociology

judicial and accounting and management;

i) Possibility of learning a foreign language, in a perspective of

technical-juridical use;

j) The learning of communication techniques, both verbal and non-verbal, including the

recourse to the technologies of communication;

l) The learning of the use of the available informatics applications to manage

the process in an electronic and dematerialized manner;

m) The integration of the skills that are going to be acquired, through brief

internship periods in the courts.

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Article 37.

Formative components

The 1 th cycle of the theoretical-practical training course integrates a formative component

general, a formative component of specialty, a professional component and a

area of applied research relevant to the legal activity.

Article 38.

General formative component

The theoretical-practical training course comprises, in the general formative component

common, inter alia, the following subjects:

a) Fundamental rights and Constitutional Law;

b) Professional ethics and deontology;

c) Institutions and judicial organization;

d) Methodology and judicial discourse;

e) Organisation and methods and management of the process;

f) Foreign languages, in a perspective of technical-legal use;

g) Information and communication technologies, with relief for judicial practice.

Article 39.

Components of the course for admission to the judicial courts

The theoretical training course-practice for admission to the magistratures of the courts

judicial further comprises, inter alia, the following subjects:

a) In the formative component of specialty:

i) European Law;

ii) International Law, including international judicial cooperation;

iii) Competition and Economic Regulatory Law;

iv) Substantive and procedural Administrative Law;

v) Accounting and Management;

vi) Judicial Psychology;

vii) Judicial Sociology;

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viii) Legal Medicine and Forensic Sciences;

ix) Criminal investigation and Management of the Survey.

b) Professional component, in the following areas:

i) Civil Law, Commercial Law and Civil Procedural Law;

ii) Criminal Law and Criminal Procedural Law;

iii) Right Counterordinance substantive and procedural;

iv) Right of the Family and Children;

v) Substantive and procedural law of the Work and Law of the Company.

Article 40.

Components of the course for admission to the administrative and tax courts

1-The course of theoretical training-practice for admission to administrative courts and

tax includes, in particular:

a) In the specialty component, the subjects of:

i) European Law, including European Administrative Law, noun and

procedural;

ii) International Law, including international judicial cooperation;

iii) Administrative organization;

iv) Accounting and Management;

v) Judicial Psychology;

vi) Judicial Sociology;

vii) Competition Law and Economic Regulation;

viii) Right of Urbanism and the Environment;

ix) Public procurement;

x) Electoral Litigation;

xi) Extracontratual responsibility of the State;

xii) Right Counterordinance substantive and procedural;

xiii) Principles of Financial and Fiscal Accounting;

xiv) Legal regimes of taxes;

xv) Customs law and customs litigation.

b) In the professional component, the areas of:

i) Substantive and procedural Administrative Law;

ii) Substantive and procedural tax law;

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iii) Civil law, in the areas of contracts and civil liability;

iv) Civil Procedural Law declarative common and executive.

2-In the formative component of specialty, the subjects that are common to the course

for admission to the court courts and the course for admission to the courts

administrative and tax offices are jointly lected to the auditors of justice of

both courses.

Article 41.

Plans for study

1-The theoretical-practical training courses referred to in Articles 38 to 40 comply with

own study plans, which define the objectives and general lines of the methodology and

of the programming of the formative activities, of them by constructing the distribution of the subjects

by lective units, taking into account the differentiation of the functions of each magistrate.

2-The study plans provide for, within the framework of the various subjects, common modules and

modules specifically addressed to a particular magistrate.

3-The study plans provide for mandatory frequency modules and modules

optional.

4-The study plans, after the approval by the pedagogical board, are integrated into the

annual plan of activities.

5-A The drafting of the study plans is incumbent on the Director, pursuant to the Regulation

internal.

Article 42.

Organization of formative activities

1-The formative activities are carried out at the headquarters of the CEJ under the guidance of lecturers

and of instructors tasked with giving the subjects of the various components

formative, and further understand an interim stage of duration not exceeding the

four weeks, together from the courts, under the guidance of magistrates trainers.

2-The formative activities in the CEJ include, inter alia:

a) Regular sessions of groups or ensembles of groups of auditors of justice;

b) Workshops, specialized courses, colloquia, lectures, lectures and seminars.

3-In activities concerning the professional component, you should privilege the

27

treatment of topics and cases with relief for judicial practice, by study and

critical analysis of legislation, doctrine and jurisprudence, complemented by simulation

of procedural acts, in the written and oral form, so as to promote a participation

active of the auditors of justice.

4-Activities concerning general and specialty formative components are

oriented towards the acquisition and deepening of theoretical knowledge-practical.

5-When formative activities involve procedural matters, they must involve the

use of the available computer applications to manage the process of form

electronic and dematerialized.

6-The interim probationary period with the courts may be followed or rejoined to the

course of the 1. cycle, and the auditor should have contact with at least two courts

different.

7-In the placing of the auditor with a court is met the option of magistrate

made by the auditor.

8-For each period of internship, the magistrate trainer draws up an information on the

auditor's performance, and the information should be considered in the assessment of the 1.

cycle.

Article 43.

Method of evaluation

1-In the 1 th cycle, the auditors of justice are assessed by the lecturers and trainers on

his aptitude for the exercise of the functions of magistrate.

2-A fitness is determined depending on the suitability and harness of each

auditor of justice, taking into account, in particular, legal culture and

general culture, the capacity of research, organisation and work, capacity

of weighting and decision-making, the human relationship, the assiduity and punctuality, second

evaluation factors to be fixed in the internal regulation.

3-In the professional component, the auditors of justice are subject to the scheme of

continuous assessment.

4-In the general formative and specialty components, the harness of the

auditors of justice is awounded, preferentially, by carrying out evidence of

knowledge, in the terms that are set out in the respective study plans.

5-Information arising from the continuing assessment referred to in paragraph 3 is analyzed,

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periodically, at a meeting of lecturers, under the guidance of the Deputy Director to which

refers to point a) of Article 95 (1), and shall appear in individual reports,

drawn up by the lecturers, at the end of the 1 th and the 2 th quarter and the end of the cycle.

6-Of the reports drawn up at the end of 1. and of the 2 th quarter shall appear on a

qualitative appreciation, and the report drawn up at the end of the cycle shall contain the

final classification upon assignment, in each area of the professional component, of

a quantitative note, on the scale of 0 a to 20 values.

7-The reports and the remaining results of the evaluation are given to know,

individually, to the auditor of justice to which they respect and integrate the respective process

individual.

Article 44.

Proposal for classification and graduation

1-At the end of the 1-cycle, the Deputy Director referred to in point (s) a) of the Article 1 (1)

95. It draws up the classification and graduation projects of the auditors with

basis in the reports and too much evaluation results referred to in the previous article.

2-Projects are presented to the Director to be submitted, in the form of

proposal, to the pedagogical council.

Article 45.

Assiduity

1-The auditor of justice who gives five unjustified, followed or interpolated lines,

during the 1 th cycle, it can be excluded by disciplinary procedure instituted by the

director.

2-A cumulation of justified, followed or interpolated falters, corresponding to a

sixth of the duration of the activities actually carried out in the 1. cycle may entail the

deletion of the auditor of justice, for loss of frequency, upon deliberation of the

pedagogical advice, on a proposal from the Director of the CEJ, taking into account

consequences on the use.

3-In the alternative to the hypothesis provided for in the preceding paragraph, may the pedagogical council,

on a proposal from the Director, authorize the auditor of justice to attend the 1 th cycle of the course

of subsequent training.

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Article 46.

Classification of the 1 th cycle

1-At the end of the 1 th cycle, the pedagogical council appreciates the proposals for classification and

graduation presented by the Director and deliberates on the aptitude of the auditors of justice,

depending on their suitability and harness for the exercise of the functions of

magistrate, on the basis, among other elements, in the reports and too much results of

assessment referred to in Article 43.

2-Have to take advantage of the auditors of justice who obtain equal classification or

greater than 10 values, in the set of the formative components, in compliance with

the weighting criteria set out for each matter or area in the respective plan

of study.

3-The pedagogical council may deliberate on the inaptitude of the auditor of justice who,

despite obtaining a rating equal to or greater than 10 values in the set of

formative components, reveals lack of harness in some matter or area or

lack of suitability.

4-The pedagogical council, on a proposal from the Director, may also deliberate, on the basis of

in the interim assessment obtained at the end of the 2 th quarter, on the inaptitude of the auditor of

justice that reveals manifests lack of harness or suitability for the exercise

of the functions of magistrate.

5-Justice auditors who are deemed to be unfit for the exercise of the

magistrate functions are excluded from the training course.

Article 47.

Graduation

1-Justice auditors considered apt are graded second to respective

classification, attending, in case of equality, successively, to graduation in the

ticket contest and age, preferring the older ones.

2-The pedagogical board makes publishing, in tariff affixed at the headquarters of the CEJ, the results

of the classification obtained at the end of the cycle and, on the list, the respective graduation.

3-A graduation is made in separate lists, depending on the chosen magistrate, for

the effects provided for in the following article.

30

Article 48.

Placement in the courts

1-Until the end of the 1 cycle, they are affixed to the seat of the CEJ and advertised on the site of the

CEJ in the Internet the lists of the training places in the 2. cycle, after approval of the

Top Council of Magistrate, of the Superior Council of Courts

Administrative and Fiscal and the Prosecutor-General's Office of the Republic.

2-Within three days of the publication of the planned graduation lists in the

previous number, the bail-out auditors indicate, in descending order of preference,

the courts where they intend to be placed.

3-In the allotment is considered to be the graduation obtained in the 1 th cycle, and may be also

taken into account the personal and family situation of the auditor of justice, depending on the resources

available and without prejudice to the interests of the training.

Subsection III

2. Cycle of Activities

Article 49.

Objectives

1-In the development of the general objectives of the theoretical training, the 2 th cycle

has for specific purposes, in the field of qualities for the exercise of functions:

a) To ensure the consolidation of the deontological requirements inherent in the exercise of

each magistrate and the understanding of the respective rights and duties

statutaries;

b) Provide for experimentation and concrete understanding of content

functional of the respective magistrate and the other officers of the system of justice,

as well as the development of good practices in the relationship with the

too many judicial officers;

c) Ascertaining the critical spirit and cultivating attitude of cooperation and relativization of the

know in the debate of the issues and the decision process, with progressive

acquisition of autonomy and personalization in the decision;

d) To exercise a multidisciplinary practice in the handling of cases and realisation

31

effective of fundamental rights.

2-In the development of the general objectives of the theoretical training, the 2 th cycle

of activities has for specific purposes, in the field of technical skills:

a) Pursue consolidation and deepening of knowledge

technical-legal necessary to the application of the right, by intervention

concrete and simulated in procedural and other acts of legal activity

ascertaining the technique of elaboration of parts and streamlining the procedures

procedural, with a focus on the collection, production and valorisation of the proof;

b) Provide the concrete knowledge of the mission, activity and capacity of

response of the judicial and non-judicial instances intervening in the

administration of justice;

c) Ascertaining the field of decision making by the development of the

analysis and synthesis capabilities, the power of argumentation and weighting

of interests and practical consequences of the decision;

d) Develop the skills of organisation and management of working methods,

with relief for the management of the court, the process, the time and the agenda and for the

discipline of procedural acts;

e) To exercise communication techniques for good judicial practice, including

the optimized resource for information and communication technologies

available.

Article 50.

Training in the Courts

1-The 2 th cycle elapses, as the case may be, in the judicial courts of 1 th instance or in the

administrative courts of circle and tax courts.

2-A formation in the 2. cycle is ensured, as the case may be, by magistrates trainers

of the magistrate chosen or by judges trainers of the administrative courts of

circle and of the tax courts.

Article 51.

Organisation of activities

1-The 2 th cycle comprises the participation of the auditors of justice, the guidance said

32

of the respective trainer, in the activities relating to the chosen magistrate,

by competing with them, namely:

a) Draw up projects of procedural parts;

b) Intervene in preparatory acts of the process;

c) Proceed to the research of legislation, doctrine and jurisprudence required to

preparation of the decisions and prosecutions of the proceedings;

d) Coating the trainer in the direction and instruction tasks of the process;

e) Attend the various procedural steps, in particular in the field of production

of proof, hearing of persons and the holding of audiences;

f) Attend the deliberations of the jurisdictional bodies.

2-The 2 th cycle comprises short-lived stages together with entities and institutions

non-judiciaries, with activity relevant to the exercise of each magistrate.

3-The stages provided for in the preceding paragraph have a minimum duration of three weeks

and each auditor of justice attends, at a minimum, two stages, not owing the sum of the

stages exceed four months.

4-The bail-out auditors who entered the course under the provisions of the 2 th part

of the paragraph c) of Article 5 may be waived from the frequency of the stages provided for in the

n. 2.

5-The 2 th cycle can understand:

a) Specific actions directed at the judgeship to which the auditors of justice are

apply;

b) Joint actions aimed at the auditors of justice, trainee lawyers and

trainees from other professions that intervene in the administration of justice.

Article 52.

Evaluation

1-The auditors of justice are assessed, according to the regime of the continuous assessment, by the

respective coordinator, under guidance of the Deputy Director referred to in the b) of paragraph 1

of Article 95, as to its aptitude for the exercise of the functions of magistrate, in the

respective magistrate, applying the provisions of Article 43 (2).

2-A The assessment is made on the basis of the elements taken directly by the coordinator

and in the performance information provided by the trainers and appear in a report

drawn up by that one.

33

3-The report referred to in the preceding paragraph is drawn up in the sequence of meetings

periodicals of trainers with the coordinator, under guidance from the Deputy Director

respective.

4-The meetings referred to in the preceding paragraph take place in two moments, a

interim and other end, save if, as to some of the auditors admitted on the basis of the

second part of the point c) of Article 5 shall, exceptionally, be extended by period

equal to or more than three months, in which case meetings will be held in two moments

intercalares.

5-Of the interim reports a qualitative appreciation and in the final report

is shown a quantitative note on the scale of zero to 20 values.

6-The reports are given to know, individually, the auditor of justice to which

respect and integrate the respective individual process.

Article 53.

Proposal for classification

1-Depending on the magistrate, the Deputy Director referred to in point (s) b) of paragraph 1

Article 95, elabora draft classification and graduation of the auditors

on the basis of the elements per se collected and the coordinators ' reports.

2-The draft classification referred to in the preceding paragraph shall be submitted to the Director and

submitted by this, in the form of proposal, to the pedagogical council.

Article 54.

Classification of the 2 th cycle

1-At the end of the 2 th cycle, the pedagogical advice deliberates on the aptitude of auditors

of justice, depending on their suitability and harness for the exercise of the duties

of magistrate, based, among other elements, in the reports and too much results of

assessment to which the n is referred

2 and 3 of Article 52 and para. the

1 and 2 of the previous article.

2-Have to take advantage of the auditors of justice who obtain equal classification or

higher than 10 values.

3-The pedagogical council may, however, deliberate on the non-aptitude of the auditor of

justice who, while obtaining a rating equal to or greater than 10 values, reveals

lack of suitability.

34

4-The pedagogical council, on a proposal from the Director, may also be deliberated on the

not aptitude of the auditor of justice who reveals a manifest lack of harness or of

suitability, on the basis of the interim evaluations of the 2 ° cycle, save in the case to which

refers to Article 52 (4).

5-Justice auditors who are deemed to be unfit for the exercise of the

magistrate functions are excluded from the course.

Article 55.

Final classification of the course and graduation

1-For determination of the individual final classification and graduation in the course of

theoretical-practical training, the following weighting is considered:

a) The final grade of the 1 th cycle is worth 40%;

b) The final grade of the 2 th cycle is worth 60%.

2-Justice auditors who are considered apt are graded second to

respective final classification, attending, in case of equality, successively, à

classification in the 2 cycle, to graduation in the 1. cycle, to graduation in the admission contest

and age, preferring the elders.

3-The pedagogical board makes published in tariff affixed at the CEJ headquarters the results

of the classification obtained by the auditors at the end of the 2. cycle and, in list, the

respective individual final classification and graduation, with a view to the ingress in the phase of

stage and the determination of the court where this one takes place.

Article 56.

Preference for stage location

1-Until the end of the 2 th cycle, the list of the training sites in the stage of the internship is affixed

at the headquarters of the CEJ, obtained the approval of the Superior Council of the Magistrature, of the Council

Top of the Administrative and Fiscal Courts and the Higher Council of the Ministry

Public.

2-The auditors of justice indicate, in descending order of preference, the courts

where they intend to carry out the internship, within five days from the date of the affixing

of the list referred to in paragraph 3 of the preceding article, in an application addressed to the respective

Board Superior, to be presented at the CEJ.

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Subsection IV

Disciplinary regime of the auditors of justice

Article 57.

Duties and incompatibilities

Justice auditors are subject to the inherent duties and incompatibilities of their

status.

Article 58.

Duties of the auditor of justice

1-Are the duties of the auditor of justice:

a) The duty of assiduity;

b) The duty of collaboration;

c) The duty of correction;

d) The duty of obedience;

e) The duty of participation;

f) The duty of punctuality;

g) The duty of reservation;

h) The duty of secrecy;

i) The duty of zeal.

2-The duty of assiduity consists of the obligation to attend regular and continuum

to the activities that are destined for it.

3-The duty of collaboration consists in the readiness to integrate the governing bodies

of the CEJ, where the law provides for the participation of auditors of justice, as well as for

perform the roles of representation of the groups of auditors of justice, in the terms

established in law and regulation.

4-The duty of correction consists in the obligation to treat with respect and urbanity

all training officers, colleagues, employees and users of the services.

5-The duty of obedience consists in the obligation to comply with the orders and instructions

issued by the competent bodies of the CEJ.

6-The duty of participation consists in the obligation to maintain an active conduct,

36

committed and collaborating in the training activities.

7-The duty of punctuality consists in the obligation to attend the activities

scheduled at the established time.

8-The duty of reservation consists in the obligation not to make statements or comments

public about ongoing processes, procedural representations or other information to which

has had access in the scope of training activities, save when authorized by the

director of the CEJ, for the defense of the honor or for the realization of another legitimate interest.

9-The duty of secrecy consists in the obligation to keep secret with respect to facts and

processes of which you have knowledge in the framework of training activities, when

covered by the secret of justice or professional secrecy.

10-The duty of zeal consists in the obligation to know and observe the legal norms,

regulations and instructions that discipline the formation and organic functioning of the

CEJ.

Article 59.

Disciplinary offence

It considers itself to be a disciplinary offence for the fact, albeit negligent, practiced by the auditor

of justice, with violation of the duties inherent in its statute.

Article 60.

Incompatibilities

1-It is incompatible with the status of auditor of justice the exercise of any function

public or private of a professional nature.

2-It is vehedto the auditors of justice the exercise of political-partisan activities of

public character.

Article 61.

Feathers

The auditors shall apply for the following penalties:

a) Warning;

b) Repreension registered;

37

c) Suspension of activities up to one month;

d) Expulsion.

Article 62.

Disciplinary procedure

The application of the penalties of points b) , c) and d) of the previous article is always preceded by

disciplinary process.

Article 63.

Precautionary suspension measure

The Director may suspend preventively, up to 15 days, the auditor of justice subject to

disciplinary procedure, if the frequency of the training activities proves to be

severely disruptive of the discipline.

Article 64.

Competence for the application of disciplinary penalties

The application of the penalties competes:

a) To the Director, as to the penalties provided for in points a) and b) of Article 61;

b) To the board of discipline, as to the remaining penalties.

Article 65.

Complaint

Of the decision of the Director, in disciplinary matters, it is up to the board to

discipline.

Article 66.

Special effects of feathers

1-A The application of the expulsion penalty prevents the admission to CEJ for the period of five

years, from the date of the decision that applies the penalty.

38

2-When the offender is an employee or agent of the State, public institute or

corporate public entities, the CEJ communicates to the respective hierarchical superior a

application of penalties provided for in points c) and d) of Article 61.

Article 67.

Subsidiary law

In everything that is not regulated in this degree is applicable, with due

adaptations, the Disciplinary Status of Employees and Agents of the Administration

Central, Regional and Local.

Section III

Stage of ingress

Article 68.

Appointment in an internship scheme

1-The auditors approved in the course of theoretical-practice training are appointed judges

or procuratorates-adjoining in an internship regime by the Superior Council of the

Judgeship, by the Higher Council of Administrative and Fiscal Courts or by the

Top Council of the Public Prosecutor's Office, as per the case.

2-As long as they are not appointed, the future judges and prosecutors-adjoining in regime

of internship maintain the status of an auditor of justice.

Article 69.

Objectives

1-A stage of internship has the following objectives:

a) The practical application and deepening of the knowledge acquired in the course

of theoretical training-prática;

b) The development of the sense of responsibility and the capacity of

weighting in decision making and evaluation of the respective consequences

practices;

c) The clearance of the critical sense and the development of autonomy in the process

39

of decision;

d) The development of organizational skills and management of methods of

work, with relief for the management of the court, the process, the time and the

agenda, as well as for the discipline of procedural acts;

e) The development of the sense of responsibility in the terms required for the

exercise of the duties of the respective magistrate;

f) The construction and affirmation of a responsible professional identity and

personalized.

Article 70.

Organization

1-A stage of internship has the duration of 18 months, with start on September 1

subsequent to the approval in the course of theoretical-practical training, except for the

magistrates admitted to the course of theoretical-practice training based on the second part

of the paragraph c) of Article 5, whose stage of internship has the duration of 12 months, to be counted from

date of appointment, without prejudice to the provisions of paragraph 6.

2-In cases where, in accordance with the provisions of Article 35, the 2 ° cycle is

extended, the internship phase starts 15 days after the date of affixing the list of

degree from the theoretical-practical training course.

3-The internship is carried out under an individual plan approved by the Council

Superior respective, competing for its elaboration and follow-up to the CEJ.

4-A stage of internship comprises:

a) Specific actions directed at each magistrate;

b) Short-term, compulsory or optional internships, together with entities and

non-judicial institutions, with activity relevant to the exercise of each

magistrate;

c) Joint actions aimed at the trainees of the magistratures, advocacy and the

other professions that intervene in the administration of justice.

5-The actions referred to in points a) and b) of the previous number are organized by the CEJ,

in articulation with the respective Higher Council, as well as with the Order of the

Lawyers, in the cases of the actions referred to in paragraph c) .

6-The respective Superior Council may, listened to the pedagogical advice of the CEJ,

extend the internships provided for in paragraph 1 for a period of not more than six months,

40

there is justified reason.

7-The pedagogical council of the CEJ may submit, on its initiative, to the Council

Top respective opinion reasoned in the sense of the extension of the internships, by

proposal of the Director.

8-The judges and the procuratorates-adjoining internship regimen can, by reason

justified, be transferred by the respective Higher Council, heard the director of the

CEJ or under proposal of this.

Article 71.

Regime

1-Stage-of-the-stage magistrates exercise with the assistance of trainers, but

under own responsibility, the functions inherent in the respective magistrate, with the

respective rights, duties and incompatibilities.

2-The stage develops progressively, with complexity and volume of service

growing.

3-The Superior Councils of Magistrature, Administrative and Fiscal Tribunals and

of the Public Prosecutor's Office collect elements on the idoneity, merit and performance

of the probationary magistrate, owing the CEJ to prestart them, periodically, the

adequate information.

4-The respective Superior Council does not carry out the appointment in a regime of efectivity

of the probationary magistrate when, according to the elements taken and

listened to the pedagogical advice of the CEJ, conclude by its lack of suitability for the

exercise of the function.

5-Can also the pedagogical council of the CEJ, on a proposal from the Director, issue

reasoned opinion in the sense of non-appointment in regime of effectivity of the

magistrate on probationary period when, as a result of the monitoring provided for in the

n. 2 of the previous article, conclude by its lack of suitability for the exercise of the function.

6-The Director of the CEJ refers the opinion referred to in the preceding paragraph to the Council

Respective top.

41

Article 72.

Appointment

1-Terminated stage of stage, not occurring the situation provided for in Article 4 (4)

previous, the magistrates are appointed in regime of effectiveness.

2-In the absence of vacancies and while these do not exist, the magistrates are appointed

as auxiliaries.

CHAPTER IV

Continuous training

Article 73.

Objectives

Continuing education aims at the development of capacities and skills

suitable for professional performance and personal valorisation, over the course of the career of

magistrate, promoting, inter alia:

a) The upgrading, deepening and specialization of knowledge

technical-legal practice relevant to the exercise of the jurisdictional function;

b) The development of technical-legal knowledge in relation to

European and international judicial cooperation;

c) The deepening of understanding of the realities of contemporary life, in a

multidisciplinary perspective;

d) Raising awareness of new realities with relief for judicial practice;

e) The deepening of the analysis of the social function of magistrates and their role in the

scope of the constitutional system;

f) The understanding of the phenomenon of social communication, in the context of society

of information;

g) The examination of topics and questions of professional ethics and deontology, in a way

provide the approximation and exchange of individual experiences among the

diverse agents interacting in the administration of justice and an efficient

personal and inter-institutional relationship;

h) A judicial culture of good practice.

42

Article 74.

Recipients

1-Magistrates in exercise of duties have the right and duty to participate in

continuous training actions.

2-A The continuing education has as recipients judges of the judicial courts, judges

of the administrative and tax courts and magistrates of the Public Prosecutor's Office, in

exercise of functions.

3-Continuous training actions may be of a generic or specialized scope and

can be specifically addressed to a particular magistrate.

4-actions can be organised for national and foreign magistrates,

specifically, in European and international law.

5-Are also assured joint actions aimed at magistrates, lawyers and the

other professionals who intervene in the framework of the administration of justice.

Article 75.

Organisation of activities

1-The annual continuing education plan is designed and planned by the CEJ, in

articulation with the Higher Councils of Magistrate, of the Courts

Administrative and Fiscal and the Public Prosecutor's Office, taking into account the needs of

verified performance in the scope of activities in the courts.

2-The CEJ ensures the overall planning and organisation of the training actions

continuous, observing the principles of decentralization, of diversification by areas

functional, specialization and thematic multidisciplinarity.

3-In the programming and realization of the continuing education actions, the CEJ, on the initiative

own or the solicitation, it is articulated with other entities, inter alia, by

protocols and cooperation agreements.

4-The actions referred to in paragraph 4 of the preceding Article may be arranged in

cooperation with foreign entities responsible for the training of magistrates.

5-A training is organized through small and medium duration courses or

colloquia, seminars, encounters, journals, conferences and lectures.

6-Continuous training activities include specialized training courses,

with a view to the allocation of magistrates to the courts of specialist competence.

43

7-CEJ organizes, when justifying, particularly whenever they check

relevant legislative reforms, specialized training actions with a view to the

updating of the knowledge of magistrates.

Article 76.

Plan of continuing education

1-Continuous training activities are listed in the continuing education plan that

integrates the annual plan of activities.

2-In the elaboration of the plan of continuing education are heard the Higher Councils

of the Magistrature, Administrative and Fiscal Courts and the Public Prosecutor's Office.

3-A The implementation of the continuing education plan appears in the annual activity report

of the CEJ.

Article 77.

Dissemination of the plan of continuing education

1-The continuing education plan is disseminated to all magistrates by the day 15 of

September.

2-Magistrates who wish to participate in the training activities require the

respective authorisation to the Higher Councils of Magistrate, of the Courts

Administrative and Fiscal and the Public Prosecutor's Office, until the September 30.

3-Superior Boards communicate to CEJ the relationship of those interested to whom

granted the authorization referred to in the preceding paragraph.

4-In the 30 days following the communication referred to in the preceding paragraph, the CEJ gives

knowledge to those interested in the actions they are allowed to attend.

Article 78.

Certification of frequency and use

1-The CEJ, at the request of the person concerned, certifying the frequency or the harnessing of the

participants in the continuing education actions.

2-The harnessing of the magistrate in the courses referred to in Article 75 (5) and (6) is

assessed second to the modalities and criteria that are set out in the plan of the respective

44

course.

3-A participation of the magistrate in continuing education actions, in the terms provided for

in the status of the respective magistrate, it is taken into account, in general, in the evaluation of the

professional performance and, in particular, for the purpose of placement in the courts of

specialized or specific competence and career progression.

CHAPTER V

Agents of the training

Article 79.

Agents of the training

1-Training activities are ensured:

a) In the 1 th cycle of the theoretical training course, by lecturers and trainers in the

CEJ;

b) In the 2. cycle and in the internship phase, by district and regional coordinators and by

trainers in the courts.

2-In the continuing education activities participate in lecturers, trainers and others

collaborators, from among magistrates, university lecturers, lawyers and others

personalities of acknowledged merit.

Article 80.

Regime of lecturers

1-Lecturers are recruited from among magistrates, university lecturers, lawyers

and other personalities of recognized merit.

2-Doctors are appointed or appointed by the Minister of Justice, on a proposal from the

director, listened to the pedagogical board, for periods of three years, likely to

renewal for equal period, for one time.

3-Lecturers exercise roles in full-time or on time regime

partial.

4-Full time lecturers are appointed in service commission.

5-Partial-time lecturers:

a) If they are magistrates, officials or agents of the State, of institutions

45

public or business public entities, when in actuality of

functions, they are designated in accumulation regime;

b) Out of the cases provided for in the previous paragraph, they are appointed in committee of

service.

6-When the appointment or the designation fall in magistrate is preceded by

authorization of the respective Higher Council.

7-On the appointment of lecturers pursuant to paragraph 4, the provisions of paragraph 2 of the article shall apply

94. if they are magistrates, officials or agents of the State, of public institutes or

of business public entities.

Article 81.

Regime of trainers in the CEJ

1-The trainers at the CEJ are chosen by the Director from among:

a) Magistrates, university lecturers, lawyers, specialists and others

personalities of merit, obtained the authorization of the competent entity, if it is

case of this;

b) Experts indicated by entities with which the CEJ establishes agreements in the

field of training.

2-Saved with regard to magistrates, the provision of service of trainers

referred to in the preceding paragraph is done by preceding direct adjustment.

3-Magistrates trainers in the CEJ are entitled to a remunerative supplement

fixed by joint order of the Ministers of Justice and Finance.

Article 82.

Functions of lecturers

1-Compete to the lecturers:

a) Participate in the planning of the training activities and the preparation of the

study plans;

b) To draw up the programmes and summaries relating to the subjects and areas of the

formative components, in accordance with the approved plans;

c) Organizing and directing the sessions of justice auditors ' groups and ensuring the

respective pedagogical follow-up, during the 1º cycle of the course of

46

theoretical training-practice;

d) Proceed to the assessment of the auditors, in the terms set out in the

present law;

e) Participate in the preparation and intervene in the realization of other activities of

training, study and research carried out by the CEJ within the framework of the respective

mission;

f) Exercise the functions in the structures of the CEJ, when it is planned to

intervention;

g) Issue opinions, in the context of the subjects and areas to which they are affected, the

request from the Director or the Directors-adjuncts;

h) To integrate commissions or working groups in which the intervention of the

CEJ, by decision of the Director.

i) Perform the remaining functions provided for in the law and in the internal regulation.

2-The provisions of the preceding paragraph shall apply to part-time lecturers, with the

necessary adaptations.

Article 83.

Roles of trainers in CEJ

It is incumbent on the trainers at CEJ:

a) Organize and carry out the training activities that are

especially entrusted;

b) Carry out the assessment of the auditors in the framework of the subjects which

incumbent;

c) Collaborate with the Director, Directors-adjoining and lecturers in activities of

related training with the functions referred to in the above points.

Article 84.

Coordinators of training in the courts

1-The 2. cycle of the theoretical-practical training course and the follow-up by the CEJ of the

internship phase organizes at judicial district level, as to the judicial courts, and

by area of jurisdiction of the Central Tribunals, as to the Administrative Courts and

Fiscal.

47

2-In each judicial district or area of administrative and tax jurisdiction, depending on the

case, the training is coordinated by magistrates, designated district coordinators and

regional coordinators, respectively.

3-The coordinators referred to in the preceding paragraph are appointed in committee of

service, or designated, in accumulation regime, with reduction of service, by the

period of three years, renewable, on a proposal from the Director, by the Higher Councils of the

Magistrate, Administrative and Fiscal Tribunals and the Public Prosecutor's Office,

as the case.

Article 85.

Competences of the coordinators

Compete for the coordinators:

a) Collaborate in the preparation of the plan and annual activity report, on the part

concerning the initial training in the courts;

b) Guiding the short-lived stages of the auditors in the courts, in the

scope of the 1-cycle of the theoretical-practical training course;

c) Guide and monitor the implementation of the training activities of the 2 th cycle of the

theoretical training course-practice and internship phase in the respective district

judicial or in the area of jurisdiction of the Administrative Central Court;

d) Collaborate in the planning and execution of short stages in

non-judicial institutions, within the framework of the 2-cycle degree of the theoretical training course-

practice and the stage phase;

e) Organizing and directing, under the guidance of the respective Deputy Director, in the framework

of the 2-cycle of the theoretical-practical training course and the stage-stage,

seminars, colloquia and cycles of study;

f) Collaborate in the continuing education actions in the area of the respective district

judicial or the jurisdiction of the Administrative Central Court;

g) Proceed, under the guidance of the respective deputy director, to the evaluation of the

auditors of justice in the 2-cycle of the theoretical-practical training course;

h) Periodically provide to the Director of the CEJ, information on performance

of the magistrates under internship;

i) To exercise the remaining functions that are committed to them by the law and the director of the

CEJ.

48

Article 86.

Choice and designation of trainers in the courts

1-The trainers in the courts are appointed, on a proposal from the Director of the CEJ, by the

Top Councils of the Magistrature, Administrative and Fiscal Tribunals and the

Prosecutor's Office, from among magistrates of the respective magistrate.

2-In the designation of the trainers it takes into account the quality of the performance, the

professional experience and motivation.

3-A The designation is made for three year period, renewable for equal periods.

4-A designation and the respective renewals depend on the concordance of the

magistrate.

Article 87.

Reduction of service

The respective Superior Council may temporarily reduce the service to the magistrate

trainer, at the request of this, pondering the number of trainees who has his or her post, the

volume and complexity of the service and the functions to be performed.

Article 88.

Attributions

1-The magistrate trainer participates in the achievement of the objectives of the 2-cycle of the course

of theoretical-practical training and the stage-stage.

2-Compete, in particular, to the trainers:

a) Guide the training activities, in accordance with the respective plan

of activities and in accordance with the instructions of the respective coordinators and

directors-adjuncts;

b) Watch the auditors of justice and magistrates on probationary period,

providing an effective exercise and a quality development of the

training activities;

c) Collaborate with the pedagogical board, the Directors-adjoining and the

coordinators in the evaluation, participating in meetings and presaging the

49

performance information and clarifications required;

d) Collaborate in the training activities referred to in Article 51 (2) and (5).

Article 70 (4) in the short-lived stages carried out in the 1 th cycle of the course

of theoretical-practical training, as well as in the remaining activities that show

relevant to the training.

Article 89.

Training of trainers

The CEJ provides magistrates with the necessary tools to the

appropriate exercise of its functions.

Title III

Mission, structure and operation of CEJ

CHAPTER I

Nature and mission

Article 90.

Nature

The CEJ is an establishment endowed with legal personality and autonomy

administrative, under tutelage of the Minister of Justice.

Article 91.

Territorial scope and headquarters

1-The CEJ is a central establishment with jurisdiction over the entire national territory.

2-The CEJ is based in Lisbon, and may create nuclei, under the law, in facilities

own or to be allocated to you, in each judicial district or area of jurisdiction

administrative and tax, when it proves necessary to ensure the realization of

initial and further training activities and the respective coordination.

50

Article 92.

Mission and attributions

1-Constitui mission of the CEJ:

a) To ensure the training of judicial magistrates and the Public Prosecutor's Office for the

judicial and administrative and tax courts;

b) To ensure legal and judicial training actions of lawyers, solicitors and

agents from other professional sectors of justice, as well as cooperate in

actions organized by other institutions;

c) To develop research and study activities in the judicial framework.

2-Constitui still mission of the CEJ, in the framework of the training of magistrates or

candidates for the judgeship of foreign countries, ensure the implementation of:

a) Formative activities, in the framework of networks or other organisations

international training in which it is integrated;

b) Cooperation protocols that establish with foreign counterparts,

in particular from Portuguese-speaking countries;

c) International projects for assistance and cooperation in the formation of

magistrates, on their own initiative or in consortium with other entities

counterparts;

d) Technical cooperation agreements in judicial matters entered into by the State

Portuguese.

CHAPTER II

Organic structure

Section I

Organs

Article 93.

Organs

They are organs of the CEJ:

a) The Director;

b) The general council;

51

c) The pedagogical council;

d) The board of discipline.

Article 94.

Director

1-The director is appointed from among magistrates, university professors or

lawyers, in service commission, for the period of three years, renewable, by dispatch

set of the Prime Minister and the Minister of Justice, heard the general counsel.

2-A Director's service committee does not determine vacancy in place of

origin or in that so that, in the meantime, it has been named, albeit that place or

this appointment integrees commission of service.

3-The post of director of the CEJ is equated with that of the judge of the Supreme Court of Justice

in respect of remuneration and remunerative supplements.

4-Compete to the Director:

a) Directing, coordinating and scrutinizing formative activities;

b) Celebrate protocols, project contracts and other agreements with entities

public and private, national and international, within the framework of the CEJ's mission;

c) Issue directives in matters of the CEJ mission that are not of the competence

of other organs and determine the application of measures for innovation and

quality in training and administrative modernization;

d) To draw up the internal regulation and the annual plan of activities;

e) Elaborate and submit to the Minister of Justice's assessment the annual report of

activities;

f) Represent the CEJ in judgment and in the face of public and private entities;

g) Propose the convening of the general council, convene and preside over the meetings of the

pedagogical council and the board of discipline;

h) Set the price of products and services, authorize the sale of goods and equipment

dispensable, obsolete or discontinued and ensure revenue collection;

i) Comply with and enforce the legal and regulatory provisions relating to

organization and the operation of the CEJ and the deliberations taken by the

respective organs;

j) Carry out the duties conferred upon it by law or by the internal regulation

and the powers that be delegated to you or subdelegates.

52

5-The Director holds the competencies of the Directors-General in Management of the

CEJ, notably as to facilities, equipment, personnel and financial resources

of this.

Article 95.

Directors-adjoining

1-In the performance of his duties, the Director is specially coadjured by four

directors-adjoining:

a) A Deputy Director for the 1 th cycle of the theoretical training course-practice and for

the continuing education;

b) Two Directors-adjoined for the 2 th cycle of the theoretical training course-practice and

for the stage of admission internship at the judgeship;

c) An adjunct director in the area of judicial studies and research.

2-The Directors-adjoining are appointed, in service commission, for the period of three

years, renewable, by the Minister of Justice, heard the general counsel.

3-The Directors-adjoining referred to in the b) of paragraph 1 are named from among

judicial magistrates and the Public Prosecutor's Office, one of each magistrate.

4-The service commission of the Directors-adjoining shall apply the provisions of paragraph 2 of the article

94.

5-The post of deputy director of the CEJ shall be equated with that of the Relation Judge in matter

of remuneration and remunerative supplements, and the nominee may choose to

pay relative to the place of origin.

6-The Directors-adjoining are replaced, in their lines and impediments, by the

deputy director appointed by the Director.

Article 96.

Legal substitute for the Director

The director is replaced, in his or her lines and impediments:

a) By the Deputy Director referred to in the a) of paragraph 1 of the preceding Article;

b) By the Deputy Director with greater seniority in the post of among those referred to in

point ( b) of paragraph 1 of the preceding Article, in the absence or impediment of the Deputy Director

referred to in para. a) ;

53

c) By the Deputy Director of the point c) of the preceding Article (1) in the absence or

impediment of any of the Directors-adjoining referred to in paragraph b) .

Article 97.

General advice

1-The general council is composed:

a) By the President of the Supreme Court of Justice, who presides;

b) By the President of the Supreme Administrative Court;

c) By the Attorney General of the Republic;

d) By the Bastonary of the Order of Lawyers;

e) By the Director of the CEJ;

f) By two personalities of recognized merit, designated by the Assembly of the

Republic;

g) By three professors from the Faculties of Law, designated by dispatch

set of the Ministers of Justice and Higher Education;

h) By a member designated by the Superior Council of Magistrate;

i) By a member designated by the Superior Council of Courts

Administrative and Fiscal;

j) By a member designated by the Higher Council of the Public Prosecutor's Office;

l) By two justice auditors of the 1-cycle of the theoretical-practical training course

initial, elected by their peers.

2-The chairman of the general council is replaced, in his or her lines and impediments,

successively, by the personalities referred to in points b) a e) of the previous number or

by the respective legal substitute.

3-The general council meets, ordinarily, twice a year and, extraordinarily,

where summoned by the President, on his own initiative or the solicitation of the

Minister of Justice or the Director of the CEJ.

4-When to gather outside the period of activities of the 1. degree course of training

theoretical-practice, the management board shall be constituted by the members referred to in the (

a) a j) of paragraph 1.

5-Compete to the general council:

a) Approve the annual activity plan and appreciate the annual report of activities;

b) Approve the internal regulation;

54

c) Pronouns on the appointment and renewal of the service commissions of the

director and the directors-adjuncts;

d) Deliberate on any questions concerning the organisation or the operation

of CEJ that are not within the competence of other organs or are submitted to it

by the Minister of Justice or the Director.

Article 98.

Pedagogical council

1-The pedagogical council is composed of:

a) The director of the CEJ, who presides;

b) The Directors-adjuncts;

c) A member designated by the Superior Council of Magistrate;

d) A member designated by the Higher Council of Administrative Courts and

Fiscal;

e) A member designated by the Higher Council of the Public Prosecutor's Office;

f) Two lecturers to elect by their peers from among lecturers on time regimen

integral;

g) A lawyer appointed by the Order of Lawyers;

h) A personality designated by the general council;

i) A personality designated by the Assembly of the Republic.

2-The pedagogical council meets when convened by the president.

3-In meetings, they may participate, when convened, without a right to vote, lecturers,

coordinators and trainers, as well as other actors in the activities of

training that the pedagogical board considers convenient to hear.

4-Compete to the pedagogical council:

a) Approve the plan of the theoretical training course-practical;

b) To appreciate the appropriateness and harnessing of the auditors of justice and to proceed to

your final ranking and graduation.

5-As an advisory body on innovation and quality of the formation of

magistrates, it also competes with the pedagogical council:

a) Issue opinion on issues concerning the methods of recruitment and

selection and training;

b) Proceed, directly or through entities that designate, to the assessment

55

systematic of the structure of the knowledge evidence from the written phase of the contest

of admission, with a view to the improvement of your organisation and its best

suitability for the objectives of the training.

c) Pronounting on the proposals for appointment of faculty and renewal of the

respective commission of service;

d) Pronouns on the results of the activities developed in respect of

research and judicial studies;

e) Issue opinion on the extension of the internship and on the non-appointment at

Regime of magistrate effectiveness under internship.

Article 99.

Board of discipline

1-The board of discipline is composed:

a) By the Director of CEJ, who presides;

b) By the Directors-adjuncts;

c) By a member designated by the Superior Council of Magistrate;

d) By a member designated by the Superior Council of Courts

Administrative and Fiscal;

e) By a member designated by the Higher Council of the Public Prosecutor's Office;

f) By two personalities designated by the general council;

g) By two auditors of justice, elected by their peers.

2-When operating out of the periods of activities of the theoretical course-practical, the

board of discipline shall be constituted by the members referred to in points a) a f) from the

previous number.

3-With the exception of the Director and Directors-adjoining, the members of the board of

discipline cannot be part of other collective bodies of the CEJ.

4-The board of discipline meets when convened by its president.

5-Compete to the board of discipline the exercise of the functions of a disciplinary nature

provided for in paragraph b) of Article 64 and in Article 65.

56

Article 100.

Deliberations

1-For the validity of the deliberations, the presence of at least nine members is required,

in the case of the general council, and seven members, in the cases of the pedagogical council and the

board of discipline.

2-The deliberations of the organs referred to in paragraph 1 shall be taken by a majority, having the

president vote of quality.

Article 101.

Passwords of presence

1-The members of the general council, the pedagogical council and the board of discipline

they are entitled to receive passwords of presence and are entitled to the allowance of cost aids and of

transportation, in the terms of the law.

2-The provisions of paragraph 1 as to passwords of presence shall not apply to members who

play roles in the CEJ or that are auditors of justice.

3-The amount of the presence passwords referred to in paragraph 1 is fixed by dispatch

set of the members of the Government responsible for the areas of Finance and Justice.

Article 102.

Secretariat of the meetings of the bodies

The meetings of the general council, the pedagogical council and the board of discipline are

secretariats by the head of the General Support Division, to which it is incumbent to provide the support

necessary and draw up the respective minutes, being replaced, in your lines and

impediments, per employee designated by the Director.

Section II

Internal organization

57

Article 103.

Internal organization

The internal organisation of the CEJ is the one provided for in the respective bylaws, approved by

joint office of the members of the Government responsible for the areas of Finance and the

Public administration and the guardian.

CHAPTER III

Management and operation of CEJ

Article 104.

Principles and tools of management

1-The development of the CEJ mission is subordinate to the principles of

planning, budgeting, monitoring and evaluation, and orients themselves by

programming, materialized, as much as possible, in projects, managed in a way

integrated into a framework of matrix structure in the area of studies and research

judiciary.

2-For the realization of its mission and without prejudice to other instruments provided for in the

law or which will come to be adopted, the CEJ uses the following management tools,

evaluation and control:

a) Annual plan of activities;

b) Annual budget;

c) Annual report of activities;

d) Social balance.

Article 105.

Recipes

1-CEJ has the revenue from appropriations allocated to it in the

Budget of the State.

2-The CEJ still has the following own revenues:

a) The transfers of the I.G.F.I.J., I. P.;

b) The grants, grants, comholdings, donations and legacies granted by

58

any entities;

c) The proceeds from the sale of publications and other formative materials;

d) The amounts charged for activities or services provided within the framework of your

mission, including those resulting from the exploitation of intellectual property, well

as those which, under the law, should be charged for the title of comparticipation

in expenses of procedure;

e) The amounts allocated, under the terms of the paragraph b) , for the development of

specific programs;

f) The proceeds from the sale, under the law, of obsolete goods and equipment or

discontinued, as well as those that prove unnecessary for the

functioning of the CEJ;

g) The income of goods which, to any title, find themselves in their possession;

h) Any other recipes assigned to it by law, contract or other

title.

3-The own revenue referred to in points b) a h) in the previous number are consignments

to the realization of CEJ expenditure during the implementation of the budget of the year to which

respect, and the unused balances may be transiting for the following year.

Article 106.

Expenses

They constitute expenditure of CEJ the charges resulting from its operation and the

fulfillment of the mission and attributions that are legally committed to it.

Article 107.

Top management positions

The table of the top management positions of the CEJ appears on the map annexed to this Law,

of which it is an integral part.

Article 108.

Remunerative scheme

1-The remunerative scheme of the lecturers, coordinators, trainers in the CEJ and the

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courts and members of the juries of the entrance contest in the initial training, including the

competent entity for the psychological selection examination, is fixed by dispatch

set of the members of the Government responsible for the areas of Finance and

Public administration and the guardian.

2-The magistrates, officials or agents of the State, of public institutions or of

corporate public entities that are appointed full-time faculty auferem

the remuneration corresponding to the place or place of origin.

Article 109.

Regime of personnel

1-The staff at the service of the CEJ shall be governed by the provisions of this Law and the Conditions of

general of the civil service, without prejudice to the provisions of the following number.

2-Treating magistrates or officers of justice shall apply the provisions of this Law

and in the respective statutory diplomas and, in all that is not with them incompatible,

the general regime of public function.

Article 110.

Identification

1-The leaders, coordinators, lecturers, too much of the CEJ staff and the auditors of

justice are entitled to the use of identity card, of model to be approved by portaria of the

Minister of Justice.

2-A cessation or suspension of the exercise of duties or the frequency of the course of

theoretical training-practice determine the compulsion of the immediate return of the card

of identity to the CEJ.

Title IV

Transitional and final provisions

CHAPTER I

Transitional arrangements

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Article 111.

Transitional arrangements for admission

1-The holders of the degree certificate conferred under the study organisation

previous to that established by the Decree-Law No. 74/2006 of March 24, or equivalent

legal may run with dispensation from the requirements set out in paragraph c) of Article 5.

2-To candidates who choose to benefit from the dispensation provided for in the preceding paragraph

are applied for the rules of tender, admission and training provided for candidates

who compete on the basis of the first part of the point c) of Article 5.

3-The first open ticket contest after the entry into force of this Law

will be admitted only candidates running under the previous number who

are holders of the degree of licentiate in law for at least one year at the date of the term

of the deadline for the submission of the applications.

Article 112.

Transitional arrangements of advisors

The advisors who fulfil the requirements set out in Article 15 of Law No. 2/98, 8

of January, they can apply for the admission contest in the initial training on the terms

of the scheme applicable to applicants referred to in 2. part of the c) of Article 5.

Article 113.

Transitional arrangements for training

1-Without prejudice to the provisions of Article 119, this Law shall not apply to candidates

admission to the admission contest in the initial open training in 2007, nor to the

bail-out auditors who have started training course prior to their entry into

vigour, nor to magistrates who find themselves in an internship scheme.

2-For the purpose of the provisions of the preceding paragraph, the Act No 16/98 shall remain in force.

April 8, with the amendments introduced by Law No. 3/2000 of March 20 and by the

Decree-Law No. 11/2002 of January 24 on all that refers to the regime and effects

of the initial training.

3-The provisions of paragraph 1 do not take advantage of candidates approved in the 2007 contest or

previous to whom the following course frequency has been authorized for which to

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were enabled.

Article 114.

Advice for management, pedagogical and discipline

1-Maintain themselves in functions, with the current constitution and functioning, the council of

management, the pedagogical board and the discipline board up to the date of the start of duties

of the general council, the pedagogical council and the discipline council to which they refer

articles 97, 98 and 99, applying, with the necessary adaptations, the provisions of the

n. 2 of the previous article.

2-The general council starts functions on December 15, 2007.

3-The pedagogical council and the board of discipline, with the established composition

by this Law, start functions respectively on June 30, 2008 and on the date of the

start of the first theoretical-practical training course.

Article 115.

Internal regulation

1-The internal regulation is presented by the Director to the general council for approval,

pursuant to Art. 101, within 90 days of the entry into force of the present

law.

2-The regulation referred to in the preceding paragraph, after approved, is published in the

Journal of the Republic and made available on the CEJ website at the Internet .

3-Up to the date of the entry into force of the new regulation remains in force, with the

necessary adaptations, the current internal regulation.

CHAPTER II

Final provisions

Article 116.

Counting of deadlines

Unless otherwise provided, to the counting of the time limits referred to in this Act applies to

provisions of the Code of Administrative Procedure.

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Article 117.

Amendment to the Status of Administrative and Fiscal Courts

Articles 61, 71 and 72 of Law No 13/2002 of February 19 approving the Statute

of the Administrative and Fiscal Courts, with the amendments introduced by the Laws

n 4-A/2003, of February 19, and 107-D/2003 of December 31, pass to

following wording:

" Article 61.

[...]

1-The vacancies of judges of the higher courts are filled by

transfer from another section of the same court, as well as by tender

when the vacancies to be proseen are equal to or greater than five.

2-A admission to tender, when it deals with the vacancies

referred to in the preceding paragraph depends on graduation based on the weighting

global of the following factors:

a) Positive classification obtained in written proof of access;

b) Previous service classifications, in case the candidate is a

magistrate;

c) Graduation obtained in tender;

d) University and post-university curriculum;

e) Scientific or professional work;

f) Activity developed at the venue, in legal education or in the

Public Administration;

g) Antiquity;

h) Interview;

i) Other relevant factors that respect the specific preparation,

idoneity and capacity of the candidate for the job.

3-The vacancies of judges of the administrative courts of circle and of the

tax courts are filled by transfer of other courts

circle administrative or tax courts, as well as by tendering

under the terms of the law defining the arrangements for admission to the magistratures and the

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training of magistrates.

Article 71.

[...]

To the contest for judge of the administrative courts of circle and of the

tax courts are applicable the norms laid down in the law that defines the

admission scheme in magistrates and magistrates ' training.

Article 72.

[...]

To the formation, initial and continuing, of the administrative and tax judges are

applicable the standards laid down in the law setting out the admission scheme in the

magistrates and the training of magistrates. "

Article 118.

Abrogation standard

They are revoked:

a) The Law No. 16/98 of April 8, with the amendments made by the Law No.

3/2000, of March 20, and by the Decree-Law No. 11/2002 of January 24;

b) Articles 60 and 73 of Law No 13/2002 of February 19 approving the

Status of Administrative and Fiscal Tribunals, with the amendments introduced

by the Laws n 4-A/2003, February 19, and 107-D/2003, of December 31.

Article 119.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of July 5, 2007

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The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

Table of the top management positions of the CEJ referred to in Article 107.

DESIGNATION OF THE

LEADING POSTS

QUALIFICATION OF THE

SENIOR LEADERSHIP POSITIONS

NUMBER OF

PLACES

Director General Directorate 1. grade 1

Deputy Director General Directorate 2. grade 4