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1 PROPOSAL of law No. 156/X explanatory memorandum is consensually recognized the need for reform of the legislation on the ticket in the Clocktower and the training of magistrates. In fact, in particular with regard to the requirement of a waiting period of two years from the date of degree to enter the Centre of Judicial Studies and the justice Auditors should choose a Clocktower, the current regime has been the subject of criticism, being the time of the review. The proposed reform is comprehensive. Maintaining the institutional model, are reviewed, in particular, the system of recruitment and selection, training and retraining – the magistrates and the structure and functioning of the Centre for Judicial Studies. Among the innovations suggested, is to highlight the framework in the Judicial Studies Center of the selection, recruitment and training of magistrates for the Administrative and tax Courts. Actually, don't see reason for the CEJ has a role in the formation of judicial magistrates and another, substantially different in the training of judges of the Administrative and tax Courts. As a result, be also the representation of the Board of Governors of the Administrative and fiscal Courts in the organs of the CEJ, in similar terms to the Superior councils of the judiciary and the public prosecutor.
With regard to the initial training of magistrates, the requirement is repealed during two years after the completion of the degree-requirement whose positive effects were to be demonstrated. That requirement, founded on the mere passage of time is replaced by substantial and requirements – with a view to promoting diversification in the ticket – alternative. Create therefore two alternative sets of entrance requirements, accruing to the General training provided by law degree: one based on academic qualifications obtained, another based on experience, qualified and relevant to the future practice of the profession. Values, therefore, in the spirit of ' Bologna ', the expertise and the ' learn by doing ' and 2 promotes the diversification of knowledge and experience of the candidates that will join in the exercise-oriented vocational training Clocktower that Yes, the CEJ guarantee. Also the methods of selection are reviewed, in particular to promote a strict selection adapted to diversified routes of ingress. On the other hand, with a view to adequate differentiation of functions of each Magistracy – but without prejudice to a first round of training to a large extent common-the option for the judiciary (judicial or Public Ministry) is taken at the beginning of the training. As a result, the curriculum and the content of the theoretical-practical training programmes should reflect this differentiation, providing, in addition to the common training, some modules geared specifically for each Magistracy. Shall provide, in addition to the essential core training, optional subjects, with a view to promoting the individualisation of training, also in the spirit of ' Bologna '. In the second cycle of training, which takes place in the courts, already within the Magistracy, in addition to the activities in court the auditors perform internships in non-judicial entities. Provides a comprehensive and diverse perspective of social reality and other professional realities.
The probation passes to obey an individual plan, in accordance with the above concerns, and see your duration increased, preceding the appointment effective arrangements for Advice. Having regard to the accelerated pace of social change, reflected in subsequent changes of the legal system, requiring constant reflection and updating of magistrates, the Magistrates ' training must be permanent, throughout their professional career. So, it's refocused the Mission of EYC, who can't concentrate in providing initial training, annual mass and willingness to give an important place to training throughout his career. Continuous training activities should include not only measures addressed to the Clocktower, but still shares also led the law and other professions related to the forensic activity, so that they can be a trait d'union between different professional experiences. The training offered by the CEJ should also include specialized training, dedicated to the preparation of the magistrates who join in specialised courts. Will fit, then the Statute 3 professionals enhance the continuous training and specialized in their respective careers and define the terms upon which it is compulsory or optional. Were heard the Supreme Judicial Council, the Board of Governors of the Administrative and fiscal Courts, the Superior Council of the public prosecutor's Office and the Bar Association. Was complied with the procedure of collective bargaining, in accordance with the law No. 23/98 of 26 May. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: title I Subject Article 1 subject-matter this law sets the ticket scheme in the Clocktower, initial and continuing training of magistrates and the nature, structure and functioning of the Judiciary Studies Center, abbreviated designated CEJ.
TITLE II Admission and training CHAPTER I General provisions article 2 Magistrates ' vocational training vocational training of magistrates for the judicial courts and the administrative and tax courts covers the activities of initial training and continuous training, under regulated in the following chapters.
4 Article 3 cooperation in training activities 1 – training activities can also include other magistrates, candidates for judges and professionals involved in the field of the administration of Justice, foreign and domestic, in accordance with the cooperation agreements concluded between CEJ and other entities, in particular in the framework of the European Union and the community of Portuguese-speaking countries. 2-the magistrates and the judges have the right to participate in training activities in terms similar to those established for Auditors of Justice and under the conditions laid down in the rules of procedure of the CEJ, except the right to training bag provided for in paragraph 5 of article 31.
Article 4 Plan and annual activity report 1-the year of the EYC activities beginning on 1 September and ends on July 31. 2-training activities are set out in the annual activity plan that must be approved by July 31 immediately prior to the beginning of the following year. 3-the annual activity report is referred to the Minister of justice until December 31, after consideration by the General Council.
CHAPTER II entry into initial training procedure section 1 General provisions article 5 admission requirements Are General requirements for entry into the initial training of magistrates and the admission contest: the Portuguese citizen or citizen) of the Portuguese language with 5 States permanent residence in Portugal, who is recognized by law and under conditions of reciprocity the right to perform the duties of a magistrate; b) Be the holder of a law degree or legal equivalent; c) Be the holder of a Masters degree or PhD or equivalent or have professional experience in forensics or in other areas of legal relief of actual duration of not less than five years; and d) Gather other general requirements serving in public office.
Article 6 1 Contest – entry into the initial training of magistrates is carried out through public tender. 2-the contest may have intended the filling vacancies in the judiciary and the Public Ministry or the staffing of administrative and tax courts judges. 3-Enter the initial formation candidates, having been approved in the contest, having stayed in position which contains graduates within the number of available slots, with respect for the ticket quotas laid down.
Article 7 Information on the needs of judges the Supreme Judicial Council, the Board of Governors of the Administrative and tax Courts and the Attorney General of the Republic shall forward annually to the Minister of Justice, until July 15, information based on the number of judges needed in its predictable judiciary, taking into account the duration of initial formation.
Article 8 1 tender – When the need for judges to justify the holding of a contest entry, the Minister of Justice authorises the opening of competition. 6 2-the order of authorization provided for in paragraph 1 shall fix the number of vacancies to be filled in each Magistracy.
Article 9 admission Quotas
1-the contest for filling vacancies in the judiciary and the public prosecutor is reserved, in respect of each Magistracy, a quota of 25% ticket for each of the two routes of admission referred to in article 5 (c)). 2-in the contest for the staffing of Administrative and tax courts judges is reserved a 25% ticket quota for each of the two routes of admission referred to in article 5 (c)).
Article 10 1 opening warning – it is incumbent upon the director of CEJ do publish in the Gazette notice of calling for competition, in period not exceeding 30 days from the date of the order of authorization referred to in article 8. 2 – The warning contained in the following elements: a mandatory) admission requirements; b) selection Methods to be used and timings, with indication of their eliminatory; (c) the evidence and Materials) bibliography of reference; d) final classification system to be used; e) body which must be submitted the application for candidacy, its address, delivery date, form of presentation, documents to be attached, method of payment of the reimbursement referred to in paragraph 4 the following article and other information necessary for the formalization and the nomination statement; f) indication that failure to submit the supporting documents required and requirements indicated in the notice, except that in this are considered temporarily expendable, determines the entry to the contest; g) forms of publicity of the list of candidates admitted and non-admitted and of the results of applying the methods of selection and its phases, as well as 7 of the final classification and lists.
Article 11 application Presentation 1-the application for the contest is made upon request directed to the director of the CEJ, to submit within 15 days from the date of publication of the notice, accompanied by the documents required to process individual statement of candidacy. 2-Notwithstanding the previous paragraph, the candidates possessed the requirement referred to in the second part of subparagraph (c)) of article 5 may submit other documents to understand relevant to assessment of your curriculum. 3-the application must indicate specifically what the admission of provided for in subparagraph (c)) of article 5 under which the application is submitted. 4 – The candidates who compete in the contest for the filling of vacancies in the judiciary and the Public Ministry and the competition for the staffing of Administrative and tax courts judges declare, in what the requirements your option in case of stay authorized, under paragraph 1 of article 28, in both contests. 5-the presentation of the bid is due to the payment of reimbursement of the cost of the procedure, in an amount to be determined each year by order of the Minister of Justice. 6 – the candidates who have bid to contest for the judicial courts and the competition for the administrative and Tax Courts is required the payment of a single reimbursement.
Article 12 Lists of candidates admitted and not accepted for contest 1 – the director of the CEJ, once verified the conformity of applications with the requirements for admission to the competition, to approve the list of candidates admitted by means of admission, and not admitted, with indication of the relevant reason. 2-within 15 days of the end of the period set for the submission of applications, the list referred to in the preceding paragraph is posted at the headquarters of the EYC and the same 8 date, publicized on the Internet with CEJ mention of the date of posting. 3-the list fits complaint to the director of the CEJ, within five days from the date of your posting. 4-Resolved complaints, within 15 days after the expiry of the time limit set for your presentation, or not happening, the final list of candidates admitted and non-admitted is posted at the headquarters of the CEJ and advertised on their website, on the date of publication in the Gazette of notice of the posting.
Article 13 1 selection Juries – the Director of CEJ fix the number of judges, selection on the basis of the number of candidates admitted to the competition. 2-juries can be differentiated according to the method of selection to apply or of the respective phases. 3-the jury of the written evidence of knowledge consists of three members: a) A judicial magistrate; (b)) a public prosecutor; c) A jurist of recognized merit or a person of recognized merit from other areas of science and culture. 4-the jury of the oral evidence of knowledge and the curriculum review jury are composed of five members: a) A court or magistrate, in competitions for filling vacancies for judges of Administrative and fiscal Courts, a judge of the administrative and tax jurisdiction; (b)) a public prosecutor; c) A lawyer; d) A jurist of recognized merit; and) 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 juries are appointed by the Board, the remaining members appointed by the Minister of Justice, on a proposal of the Bar Association, in the case of point (c)) of the preceding paragraph, or the director of the CEJ, in other cases. 9 6 – the President of each jury is appointed by the director of the CEJ of judges of higher courts and Deputy Attorneys General or, failing these, other judges that integrate. 7 – the composition of juries in the notice published in the Gazette and on the site of the EYC on the Internet, until 15 days prior to the application of the method of selection. 8-When, pursuant to paragraph 1, several juries are constituted, the director of the CEJ presides over the meetings of the Presidents of the judges.
Section II article 14 selection methods Sorts The selection methods to be used are the following: a) evidence of knowledge; b) curricular Evaluation; c) psychological Examination of selection.
Article 15 1 knowledge Evidence-the evidence of knowledge on the subjects listed in the notice announcing the opening of the competition and are given successively in two stages: the qualifying) written Phase; b) oral Phase. 2-in the case of candidates who compete on the basis of the second part of article 5 (c)), the oral procedure is replaced by the curricular review provided for in article 20.
Article 16 the written procedure 1-written phase aims to evaluate in particular the quality of the information supplied by the candidate, the ability of law enforcement to the case, the relevance of the content of 10 answers, the capacity for analysis and synthesis, simplicity and clarity of Exposition and the field of Portuguese language. 2 – the written phase of the contest for the judicial courts includes performing the following evidence of knowledge: a) A proof of settlement of civil and commercial law cases and civil procedural law; b) evidence of resolution of cases of criminal law and criminal procedural law; c) evidence of development of cultural, social or economic issues. 3-in the case of candidates who compete on the basis of the second part of subparagraph (c)) of article 5, the written proof is the drafting of a decision upon the provision of a set of relevant parts containing usually a judicial process, civil or criminal, depending on the option of the candidate. 4-the written phase of the contest for the staffing of Administrative and tax courts judges understand a proof for the resolution of cases of administrative and tax law and procedure. 5-in the case of candidates who compete on the basis of the second part of article 5 (c)), the proof of the written contest for the staffing of Administrative and tax courts judges is the drafting of a decision upon the provision of a set of relevant parts containing usually a court case, in administrative or tax matters Depending on the option of the candidate. 6-it is up to the director to promote the design of evidence of knowledge of the written phase and their correction grids. 7-written phase takes place under the anonymity of the candidates, implying to break your annulment of their evidence by the jury. 8-the evidence is carried out at an interval of at least a week between them. 9-Each evidence of knowledge of the written phase lasts for 3 hours, with the exception of those provided for in paragraphs 3 and 5, which have a duration of 4 hours. 10-applicants may consult, in accordance with the procedure defined in the rules of procedure, legislation, jurisprudence and doctrine for the provision of evidence of knowledge of the written procedure, with the exception of the proof referred to in subparagraph (c)) of paragraph 2. 11-The day when the performance of any of the evidence of the written procedure, the relevant correction grid is publicized for dissemination on the Internet and posting CEJ in the CEJ. 11 12-the jury respects the criteria resulting from the grid on the correction of the exam and may not differ from the same to the detriment of the applicant. 13-Are accepted for oral or curriculum assessment candidates who obtain rating equal to or greater than 10 values in each of the proof of knowledge of the writing phase.
Article 17 request for review of evidence of the written phase 1 – is allowed to request for proofreading writing phase. 2-the order is placed through a reasoned application in accordance with paragraph 3, addressed to the director of the CEJ. 3-the application for revision of the proof should indicate explicitly the vices, of technical and scientific nature of application of correction and grading criteria or other addiction or procedural error, under penalty of rejection of the application. 4-for the purposes of the preceding paragraphs, the candidates may require, in General, support branch within 48 hours from the date of posting of the agenda with the ratings of the evidence of knowledge of the writing phase, delivering photocopy of proof that they intend to ask for the review, and the request is satisfied within 24 hours. 5 – the deadline to apply for the review of evidence is five days, counting from the date of delivery of the copy of the proof for the General support branch. 6 – by request of review is required the payment of reimbursement of the cost of the procedure, in an amount to be fixed by order of the Minister of Justice, being the amount refunded to the candidate in case of a favourable decision. 7-If the request is in accordance with the provisions of paragraphs 2 and 4, the director designates jury, different than fixed and classified evidence, to conduct the review.
Article 18 review of evidence of the written phase 1-review of proof is made by the jury assigned, maintaining the anonymity of the candidate. 2 – the decision on the application for review concerns the issues invoked by the 12 applicant and may cover other, not expressly invoked by this, whose review that decision involves. 3 – evidence review does not suspend the provision of the evidence of the oral procedure, or by the applicant, or by other candidates, if the request is subject to review of evidence whose classification is equal to or greater than 10 values. 4 – where the application for review cover with rating less than 10 values, and the applicant is admitted to the oral phase as a result of the decision on the application, shall be fixed date for its provision of evidence of the oral procedure. 5 – it is not admitted to request review as evidence already reviewed.
Article 19 oral 1-the oral aims to assess, inter alia, the legal expertise of the candidate, the ability of criticism, argumentation and exposure, the oral expression and the field of Portuguese language. 2-the oral phase includes performing the following evidence of knowledge: a) a discussion on issues of constitutional law, European Union law and judicial organization, b) a discussion about civil law and civil procedure law and commercial law; c) a discussion on criminal law and criminal procedural law; d) a discussion on issues of administrative law, economic law, family law and children and labour law. 3-in the contest for the staffing of Administrative and tax courts judges, the oral phase includes performing the following evidence of knowledge: a) a discussion on issues of constitutional law, European Union law and judicial organization; (b)) a discussion about civil law and civil procedural law; c) a discussion on issues of administrative law and tax law; d) a discussion about procedure and administrative and tax process. 3-each event has a maximum duration of 30 minutes. 4-the determination of the subject of proof referred to in subparagraph (d)) of article 2 is the result of draw with 48 hours ' notice. 5-the evidence is public, and can not only watch the candidates than those 13 have still provided. 6-Are admitted the psychological examination for selecting the candidates who obtain rating equal to or greater than 10 values in all evidence of knowledge of the oral procedure.
Article 20 curriculum Assessment 1-the curriculum review is a public proof provided by the candidate, in order, through discussion of your course and curriculum activity, evaluate and classify the consistency and relevance of your professional experience in forensics or in other areas of legal relief, for the exercise of the judiciary. 2 – proof of curricular review includes: a) A discussion of the curriculum and the professional experience of the candidate; (b)) a discussion on issues of law, based on the experience of the candidate, which may take the form of exhibition and discussion of a case study, if the candidate expresses this preference. 3-the test lasts for 60 minutes, which may be exceptionally extended for a maximum of 30 minutes, at the request of the applicants or by decision of the President of the jury. 4-curriculum evaluation, the jury uses the following weighted criteria: a) the set of factors relating to the consistency and relevance of the candidate's professional experience is worth 60%; b) the set of factors relating to the design, structure, and presentation material of the curriculum and the quality of the intervention of the candidate in the discussion of the curriculum is worth 20%; c) the set of factors relating to the quality of the intervention in the discussion of subjects of law worth 20%. 5-Are admitted the psychological examination for selecting the candidates who obtain rating equal to or greater than 10 values in curriculum evaluation.
14 article 21 psychological Examination of selection 1-psychological examination of selection consists of a psychological evaluation performed by competent authority and aims to evaluate the skills and personality characteristics of the candidates for the Office of the judiciary, through the use of psychological techniques. 2-the psychological assessment lasts 1 hour minimum, being guaranteed the privacy of the exam. 3-the psychological test results is expressed through opinion writing, translated by mentions of ' favourable ' or ' favourable ' and is not communicated to the jury of the oral procedure or of the curricular review. 4 – the opinion is annex to the minutes drawn up by the jury of the oral procedure or of the curriculum and assessment has confidential nature. 5-the candidate who has the endorsement of ' favourable ' not can perform a second psychological exam with one or more other psychologists appointed, your request or proposal. 6-in the case referred to in the preceding paragraph, the applicant's request, the cost of the exam is supported by that.
Article 22 forms of advertising 1-Are advertised on the Internet and posted CEJ the CEJ: a) The convening notices of candidates for the selection methods, with mention of the date and place, except as indicated in the notice of calling for competition; b) with tariff classifications of the evidence of knowledge of the written procedure; c) with tariff classifications of the oral evidence. 2 – the forms referred to in the preceding paragraph are the only official forms of dissemination of the elements and results, then mentioned, to the candidates.
15 article 23 1 Faults-lack is allowed to a reasoned knowledge, in each of the respective phases. 2-is allowed to Miss once rightly: the curricular review-proof); b) psychological examination of selection. 3-the candidate may apply to the director of the justification of the lack the CEJ referred to in paragraphs 1 and 2, within 24 hours after the time fixed for the beginning of the application of the method of selection. 4-If the absence is considered justified, is called new day to the application of the method of selection. 5-faults that do not fit in the preceding paragraphs are unjustified.
Section III classification and graduation article 24 successful candidates and excluded 1 – are approved the candidates who obtain the indication ' favourable ' the psychological exam. 2 – Are excluding candidates admitted that: a) Missing unjustifiably, pursuant to paragraph 5 of the preceding article; b) Obtain rank less than 10 values in any of the evidence of knowledge of the written and the oral phase; c) Obtain the indication ' favourable ' not the psychological exam of selection; d) declares, expressly and in writing, withdraw from the procedure to the last day of application of the latter method of selection of the contest.
16 article 25 final ranking 1-the final ranking of candidates approved is the result of simple arithmetic average of the ratings obtained in writing and stage classification obtained in the oral phase of proofs of knowledge, except as provided in paragraph 2. 2-A final ranking of candidate approved, in the case of candidates who compete on the basis of the second part of article 5 (c)), is the result of averaging the ratings obtained in curriculum review and on the evidence of knowledge, with the following weighting: the proof of) the classification curriculum review is worth 70%; (b)) the classification obtained in the written 30% Valley. 3-writing phase classification is the result of the test of knowledge which is the written procedure or, in cases where that is more than a test, the simple arithmetic average of the classification obtained in each of the respective evidence. 4-the classification of proofs of knowledge, curriculum evaluation, and the final scores are expressed on a scale from zero to 20 values, with rounding up to thousandths.
Article 26 list of ranking of successful candidates and candidates ' list deleted
1 – jury meeting of the last selection method applied or there is more than one jury, the Chairmen of the panels, is elaborated the list of ranking of successful candidates, by way of admission, and the list of excluded candidates, indicating their reason. 2-the lists referred to in the preceding paragraph are approved by the director of the CEJ, posted at the headquarters of this and publicised on its website, on the date of publication in the Gazette of notice of the posting.
Article 27 1 Graduation – the ranking of successful candidates is done in descending order 17 final ranking. 2-In case of equal in rank between candidates is considered for the purposes of graduation, successively, the highest academic degree and the age, preferring the older.
Article 28 for the theoretical-practical course 1 – Are enabled for the theoretical-practical course immediately successful applicants in order of graduation, until the completion of the total vacancies in competition with respect for their ticket quotas. 2-for the purposes of the preceding paragraph, the lack of suitable candidates to fill the vacancies for a ticket quotas does not prevent the filling of vacancies in competition through the use of suitable candidates by another route. 3-With the posting of the graduation lists provided for in article 26, the candidates are enabled. 4 – upon request, the applicant enabled under the preceding paragraphs can, exceptionally, be authorized by the director of the CEJ to join in theoretical-practical course later that the contest gives ticket, special and reasonably cogent reasons, and for once. 5-in the case referred to in the preceding paragraph, is admitted to the theoretical-practical course candidate immediately following, according to the graduate, in the alternative, when there is no other candidate, the provisions of paragraph 2. 6-The successful candidates that have not been enabled for the theoretical-practical course instantly for lack of slots, are required to provide evidence in the competition immediately following, getting graduates together with the candidates who contribute to this.
Article 29 1 judiciary option – candidates qualified for the training course for the Clocktower in the judicial courts declare in writing to your option by the Magistracy court or judges of the 18 public prosecutor, within five days after the publication of the candidates. 2 – the options expressed in accordance with the provisions of the preceding paragraph are considered in order of graduation, having regard to: a) the set of slots to be filled in either in the judiciary or in the Magistracy of the Public Ministry; b) In each set, the number of vacancies to be filled by those who possess each of the requirements laid down in article 5 (c)). 3 – Existing disproportion between the vacancies available in each judiciary, in accordance with the provisions of the preceding paragraph, and the options that are preferred candidates with greater degree, according to the list. 4 – The candidates who, in the face of the express option, have no vacancy in accordance with the rules laid down in paragraphs 2 and 3, may, within three days from the posting of this information, request the modification of your choice. 5-applicants who do not have a vacancy available for the express option nor require the subsequent change of option is excluded of course.
CHAPTER III initial training section I General provisions article 30 Scope, location and regime 1 – initial training of magistrates for the judicial courts and the administrative and tax courts comprises, in each case, a theoretical-practical training course, organized in two successive cycles, and an internship. 2-the 1st cycle of theoretical-practical training course will take place at the seat of the CEJ, without prejudice of interim stages of short duration in the courts. 3-the 2nd cycle of theoretical-practical training course and the ticket stage arise in the courts, in the framework of the judiciary one.
19 article 31 status of Justice 1 auditor – candidates enabled in the ticket contest attending the theoretical-practical training course with the auditor and shall be subject to the rights, duties and incompatibilities provided for in this law and the rules of procedure of the CEJ and, secondarily, to the officials of the public administration. 2 – Justice auditor status is acquired with the conclusion of contract of training between the candidate in the contest and enabled the CEJ, represented by the director, or in accordance with 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 – candidates enabled them to be employees or agents of the State, public institutions or public business entities are entitled to attend the theoretical-practical training course on request, which does not depend on the consent of the body or Department. 5-the frequency of theoretical-practical training course gives the auditor of justice the right to receive a scholarship for training, paid in 14 monthly, monthly value corresponding to 50% of the index 100 of the scale to the Clocktower in circumstantial judicial courts or, in case of request and by choice of the auditor, the remuneration of the Office of origin, excluding supplements payable by the effective exercise of their functions. 6-The vacation to which the auditor is entitled Justice can only be taken during the judicial vacations outside the training periods. 7-the withdrawal of theoretical-practical training course, exclusion and expulsion penalty enforcement determine the auditor loses its status of Justice, the extinction of contract formation or termination of request, as the case may be, and the extinction of the right to education. 8-in the cases referred to in the preceding paragraph, the Auditors that are in the situation referred to in paragraphs 4 resume their positions or functions, with time-frequency discount in antiquity on the Office of origin, unless the cancellation is considered justified by order of the director of the CEJ. 9-the effects referred to in paragraphs 7 and 8 are produced on the day following that of notification of the decision of 20 exclusion or expulsion to the auditor of Justice or, in the case of withdrawal, the order of the director of the EYC accepts. 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 training after the end of the theoretical-practical training course attended by the auditor of Justice deleted or thrown out.
Article 32 Magistrates in the justice Auditors approved stage in the theoretical-practical training course are appointed, as the case may be, judges of law and Deputy Prosecutors, on stage, in accordance with the procedure laid down in article 68.
Article 33 obligation to stay in The magistrates courts, without justification, were exonerated the your request less than five years on the appointment as magistrates in internship scheme are required to reimburse the State in an amount corresponding to the value of the scholarship received.
Section II theoretical-practical training course Subsection I common provisions article 34 general objectives
1 – the theoretical-practical training course has as its fundamental objectives provide auditors of justice the development of qualities and the acquisition of technical skills to perform the duties of judge judicial courts and administrative and fiscal courts and public prosecutor. 21 2-in the development of qualities for the exercise of its functions, the theoretical-practical training aims to promote: a) the understanding of the role of judges and prosecutors in ensuring fundamental rights of gross and citizen; b) integrated perception of the justice system and your mission in the constitutional framework; c) the understanding of social conflict and of multiculturalism, under a pluralist perspective, on the line of development of fundamental rights; d) discharge of the critical and reflective and the attitude of openness to other knowledge on the analysis of the issues and in the decision-making process; and) identification of ethical requirements of function and professional ethics, to guarantee citizens ' rights; f) a culture of good practices in the field of human relations, within the framework of the professional, institutional and relations with the citizen in General; g) a culture and practice of independent learning throughout life. 3 – in terms of the acquisition of technical skills, theoretical-practical training aims to provide auditors of Justice: a) the consolidation and deepening of knowledge necessary legal and technical application of law; (b)) the field of legal and judicial approach method, analysis and resolution of practical cases; c) the acquisition of knowledge and techniques of legal areas of knowledge that are useful for understanding the legal realities of life; d) understanding and decision-making process through the establishment of legal and practical intuition, the development of analytical skills, the technique of argument and the power of synthesis, as well as the call for consideration of interests and the practical consequences of the decision; and) the modes of management and service of the process, with a view to streamline the procedures directed towards the final decision; f) the acquisition of knowledge and the field of communication techniques with emphasis on judicial intervention, including the use of information and communication technologies; g) the use of the computer applications available to manage the process electronically and dematerialized; 10:00 pm) the acquisition of competencies within the Organization and management of work methods, appropriate to the context of exercise of each Magistracy.
Article 35 Duration 1 – the 1st cycle of theoretical-practical training course starts the day on September 15 following the contest entry in the CEJ and ends at day 15 of July of the following year. 2 – the second cycle begins on the day on September 1 following the end of the 1st cycle and ends on day 15 of July of the following year, except as provided in paragraph 3. 3-For the Auditors of Justice who join the course under the provisions of the second part of article 5 (c)), the 2nd cycle ends on the last working day of February of the following year, and may be extended exceptionally, by resolution of the pedagogical Council, on a proposal from the director, depending on the use of Justice, auditor to the deadline referred to in paragraph 2.
Subsection II 1st Cycle article 36 1 specific objectives – the development of the General objectives of the theoretical and practical training, the first cycle for specific objectives in the field of the qualities for the exercise of functions: a) promote training on the topics relating to the administration of Justice; b) Provide the knowledge of the principles of ethics and professional ethics, as well as the rights and statutory duties and ethics; c) provide differentiation of functional and technical content of each Magistracy. 2-in terms of technical skills, the first cycle aims to specifically provide auditors of Justice: a) the training on the practical importance of fundamental rights and the rule of the respective means of judicial protection; 23 (b)) the acquisition and the development of legal knowledge, of substantive and procedural nature, in areas relevant to the Clocktower exercise; c) capacity development approach, analysis and synthesis, power in the resolution of practical cases based on the problematic study of doctrine and jurisprudence, upon learning of the legal and judicial method; d) exercise in decision making, founded on a rational argument and on critical analysis of experience, in order to give autonomy to positions taken; and) the procedural technique, favoring the prospects for streamlining of procedures, the assessment of evidence and justification of decisions, with a special focus on the preparation of procedural documents, for the treatment of facts, in the procedures for the collection and production of evidence, and in the structuring of decisions; f) learning the ways of judicial management and the process, with a view to rationalisation of tasks by objectives; g) learning research techniques, processing, organization and display of information, useful for the analysis of the cases, including the use of new technologies; h) purchases of non-legal knowledge with emphasis on judicial activity, in particular in the field of forensic medicine, psychology, sociology and judicial judicial accounting and management; I) Possibility of learning a foreign language, in a perspective of legal usage; j) learning techniques of verbal and non verbal communication, including the use of communication technologies; l) learning the use of software applications available to manage the process electronically and dematerialized; m) the integration of the skills that are acquired through brief periods of training in the courts.
24 Article 37 training Components the 1st cycle of theoretical-practical training course integrates a formative component General a formative component of specialty, a professional component and an area of applied research relevant to judicial activity.
Article 38 General formative Component the theoretical-practical training course comprises, in general common formative component, in particular, the following matters: the) fundamental rights and constitutional law; b) ethics and professional ethics; c) institutions and judicial organization; d) methodology and legal discourse; and) Organization and methods and process management;
f) foreign languages, with a view to legal use; g) information and communication technologies, with emphasis on judicial practice.
Article 39 travel Components to enter legal courts the theoretical-practical training course for admission in judicial courts judiciaries items also include, in particular, the following matters: a) In formative component of specialty: i) European law; II) international law, including international legal cooperation; III) competition law and economic regulation; IV) substantive and procedural administrative law; v) accounting and management; vi) Judicial Psychology; VII) Judicial Sociology; 25 viii) forensic medicine and forensic sciences; IX) Criminal investigation and management of the investigation. b) professional Component, in the following areas: i) Civil law, Civil procedure law and commercial law; II) criminal law and criminal procedural law; III) right Against-ordenacional noun and procedure; IV) family law and children; v) substantive law and procedure of the labour and Company Law.
Article 40 travel Components to enter administrative and fiscal courts 1 – theoretical and practical training course for administrative and fiscal courts ticket includes, in particular: a) In specialty materials component of: i) European law, including European administrative law, procedural and substantive; II) international law, including international legal 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 Disputes; XI) non-contractual liability of the State; XII) right Against-ordenacional noun and procedure; XIII) Financial and tax accounting principles; XIV) legal tax Schemes; XV) customs duty and Customs litigation. (b)) in the professional component, the areas of: i) substantive and procedural administrative law; II) substantive and procedural tax law; 26 iii) in the field of Civil law contracts and civil liability; IV) Civil procedural law common declarative and Executive. 2-in the formative component of specialty materials that are common to the course for ticket in the judicial courts and the course for ticket tax and administrative courts are taught jointly to the Auditors of both courses.
Article 41 study plans
1 – The theoretical and practical training courses referred to in articles 38 to 40 obey own study plans, which define the objectives and the broad lines of the methodology and the schedule of training activities, theirs included the distribution of materials for teaching units, taking into account the differentiation of functions of each Magistracy. 2-The study plans provide, in the context of multiple stories, common modules and modules specifically directed to certain judges. 3-study plans provide for mandatory frequency modules and optional modules. 4-The study plans, after approval by the pedagogical Council, are integrated into the annual plan of activities. 5-the duties and responsibilities of the study director plans, in accordance with the rules of procedure.
Article 42 1 organisation of the training activities-training activities take place at the seat of the CEJ, under the guidance of teachers and trainers in charge of teaching materials of various training components, and these guidelines include an interim stage of duration not exceeding four weeks, courts, under the guidance of magistrates trainers. 2-The training activities at the EYC include, inter alia: the) regular sessions of groups or sets of groups of Auditors; b) Workshops, specialized courses, seminars, conferences, lectures and seminars. 3-in the activities relating to the professional component, should focus on the issues and treatment of 27 cases with emphasis on judicial practice, through the study and critical analysis of legislation, doctrine and jurisprudence, complemented by simulation of procedural acts, under the written and oral form, in order to promote active participation of Auditors. 4-the activities concerning General and specialty training components are oriented towards the acquisition and deepening of theoretical-practical knowledge. 5-When the training activities involving procedural, must involve the use of computer applications available to manage the process electronically and dematerialized. 6-the period of interim stage courts may be followed or broken down along the 1st cycle, and the hearing officer have contact with at least two different courts. 7-in the placement of the auditor's Court met the option of judges made by the auditor. 8 – for each training period, the magistrate trainer draws up a report on the performance of the auditor and the information to be considered in the evaluation of the 1st cycle.
Article 43 1 – evaluation method on the first cycle, the Auditors are evaluated by teachers and trainers on your suitability for the performance of the duties of magistrate. 2-fitness is determined on the basis of suitability and the use of every auditor of Justice, taking into account, inter alia, the legal culture and the general culture, research capacity, organization and work, the weighting and decision-making capacity, the human connection, attendance and punctuality, second evaluation factors to be determined in the rules of procedure. 3 – The professional component, the Auditors are subject to continuous assessment scheme. 4-The General and specialty training components, the use of Auditors of Justice is assessed, preferably through evidence of knowledge, in terms that are set out in the respective study plans. 5-the information arising from the ongoing assessment referred to in paragraph 3 are analyzed, 28, at a meeting of teachers from time to time, under the guidance of Deputy director referred to in point (a)) of paragraph 1 of article 95, and must appear on individual reports, prepared by teachers at the end of the 1st and 2nd trimester and at the end of the cycle. 6-The reports drawn up at the end of the 1st and 2nd quarter shall include a qualitative assessment, and report at the end of the cycle must contain a final ranking by assigning, in each area of the professional component, of a quantitative, on a scale of 0 to 20 values. 7-reports and other results of the assessment are given to know, individually, to the auditor of Justice to which they relate and integrate their individual process.
Article 44 proposed classification and graduation 1 – at the end of the 1st cycle, the Deputy director as referred to in point (a)) of paragraph 1 of article 95 shall draw up the draft classification and ranking of Auditors of Justice on the basis of the reports and other results of the assessment referred to in the previous article. 2 – projects are presented to the director to be submitted, in the form of a proposal, the pedagogical Council.
Article 45 1 Attendance – the auditor of Justice to take five fouls unjustified, followed or interpolated, during the 1st cycle, can be deleted by disciplinary proceedings brought by the director. 2 – the overlapping of justified faults, followed or interpolated, corresponding to one-sixth of the length of the activities actually carried out on the first cycle can lead to the exclusion of the hearing officer of Justice, by frequency loss, upon resolution of the pedagogical Council, on a proposal from the director of the CEJ, taking into account their effects on utilization. 3-as an alternative to the hypothesis provided for in the preceding paragraph, can the pedagogical Council, on a proposal from the director, authorize the auditor of Justice to attend the 1st cycle of subsequent training course. 29 Article 46 1 1 cycle classification-at the end of the 1st cycle, the pedagogical Committee appreciates the proposals for classification and graduation presented by the director and shall act on the ability of Auditors to justice, depending on your fitness and enjoyment for the performance of the duties of magistrate, based, inter alia, in the reports and other results of the assessment referred to in article 43. 2-Have justice Auditors that utilization obtain rating equal to or greater than 10 values, the educational components, in accordance with the weighting criteria established for each subject or area in their study plan. 3-the pedagogical Council can deliberate on the inadequacy of the auditor that, despite obtaining a rating equal to or greater than 10 values in the set of training components, reveal lack of enjoyment in any subject or area or lack of fitness. 4-the pedagogical Council, on a proposal from the director, may also decide, on the basis of the mid-term evaluation obtained at the end of the second quarter, about the inadequacy of the hearing officer of Justice that reveal glaring lack of exploitation or of suitability for the performance of the duties of magistrate. 5-the Auditors of Justice which are considered not suitable for the performance of duties of a magistrate shall be excluded from the training course.
Article 47 1 Degree-justice Auditors considered fit are graded according to their classification, taking into account, in case of equality, successively, to the graduation ticket contest and age, preferring the older. 2-the pedagogical Committee does publish, in displayed at the headquarters of the CEJ, classification results obtained at the end of the cycle and, in the list, its graduation. 3-grad school is done in separate lists according to the judiciary, for the purposes set out in the following article. 30 Article 48 Court Placement 1-until the end of the 1st cycle, are posted at the headquarters of the CEJ and publicised on the Internet lists of the EYC training places on the second cycle, after approval by the Supreme Judicial Council, the Board of Governors of the Administrative and tax Courts and the Attorney General of the Republic. 2-within three days after the publication of lists of graduation provided for in the preceding paragraph, the Auditors of Justice indicate, in descending order of preference, the courts to which they wish to be placed. 3-in placement is considered a graduate the first cycle, and can be also taken into account the personal and family situation of the hearing officer of Justice, on the basis of available resources and without prejudice to the interests of the formation.
Subsection III Activities cycle 2 article 49 Goals
1-in the development of the General objectives of the theoretical and practical training, the second cycle for specific objectives in the field of the qualities for the exercise of functions: a) Ensure consolidation of ethical requirements inherent to the exercise of each Magistracy and the understanding of their statutory rights and duties; b) Provide experimentation and practical understanding of the functional content of the Magistracy and other agents of the justice system, as well as the development of good practices in relationship with other judicial officers; c) measuring critical spirit and cultivate an attitude of cooperation and relativization of the know issues debate and in decision-making, with progressive acquisition of autonomy and personalization in the decision; d) Exercising a multidisciplinary practice in the treatment of cases and to carry out effective fundamental rights 31. 2-in the development of the General objectives of the theoretical and practical training, the second cycle of activities for specific objectives in the field of technical skills: a) Continue the consolidation and deepening of knowledge necessary legal and technical implementation of the law, through concrete and simulated intervention in procedural acts and other legal activity with the technique of drawing parts and streamlining procedural procedures , with emphasis on the collection, production and assessment of evidence; b) provide concrete knowledge of the mission, activity and responsiveness of judicial and non-judicial bodies involved in the administration of Justice; c) measuring decision-making process, through the development of skills of analysis and synthesis, the power of argumentation and consideration of interests and of the practical consequences of the decision; d) Develop the skills of organization and management of work methods, with emphasis on management of the Court, of the process, time and agenda, and to the discipline of procedural acts; and) Exercise the communication skills to a good legal practice, including optimized resource of information and communication technologies available.
Article 50 1 courts Training – the second cycle takes place, as the case may be, in the judicial courts of first instance or in administrative courts and tax courts circle. 2-the second training cycle is assured, as the case may be, by trainers of judges chosen magistrates or judges of administrative courts of circle-makers and tax courts.
Article 51 1 activities Organization – the second cycle comprises the participation of Justice Auditors, according to 32 of its orientation, activities relating to the judiciary, racing them, namely: the) draft legal documents; b) Intervene in preparatory acts of the process; c) proceed to research legislation, doctrine and case law necessary for the preparation of decisions and promotions processes; d) Assist the trainer in the tasks of direction and instruction of the process; and attend various procedural steps), in particular in the field of the production of evidence, the hearing of persons and the conduct of hearings; f) attend the proceedings of courts or tribunals. 2 – the second cycle comprises short stages with non-judicial entities and institutions, whose activity is relevant to the exercise of each Magistracy. 3 – the stages provided for in the preceding paragraph shall have a minimum duration of three weeks and each justice auditor attends at least two stages, and the sum of the stages exceed four months. 4-the Auditors of Justice who join the course under the provisions of the second part of subparagraph (c)) of article 5 may be exempted from the frequency of the stages provided for in paragraph 2. 5-second cycle can understand: a) specific actions aimed at the judiciary that auditors of Justice apply; b) joint actions for Justice Auditors, lawyers, interns and graduates of other professions involved in the administration of Justice.
Article 52 1 – Assessment of Justice Auditors are evaluated according to the system of continuous assessment, by the Coordinator, under the guidance of the Deputy director referred to in paragraph b) of paragraph 1 of article 95, as to your suitability for the performance of the duties of magistrate, in the Magistracy, applying the provisions of paragraph 2 of article 43. 2-the evaluation is made on the basis of the elements collected directly by the Coordinator and the performance information provided by trainers and report that. 33 3-the report referred to in paragraph 1 is drawn up on the basis of periodic meetings of Formators with the Coordinator, under the guidance of the Deputy director. 4 – the meetings referred to in the preceding paragraph are held in two moments, a mid-term and another end, unless, as some of the Auditors admitted on the basis of the second part of article 5 (c)) is exceptionally extended for a period equal to or greater than three months, in which case if meetings in two interim moments. 5-progress reports contains a qualitative assessment and the final report contains a note on quantitative scale from zero to 20 values. 6 – reports are given to know, individually, to the auditor of Justice to which they relate and integrate their individual process.
Article 53 1 Classification Proposal – according to the judiciary, the Deputy director referred to in point (b)) paragraph 1 Article 95, draws up draft classification and ranking of Auditors of justice based on the elements for you collected and in the reports of the coordinators. 2-the draft classification referred to in the preceding paragraph is submitted to the director and submitted by this, in the form of a proposal, the pedagogical Council.
Article 54 2 classification 1 cycle – at the end of the second cycle, the pedagogical Committee deliberates on the ability of Auditors to justice, depending on your fitness and enjoyment for the performance of the duties of magistrate, based, inter alia, in the reports and other results of the assessment referred to in paragraph 2 and 3 of the article 52 and paragraphs 1 and 2 of the previous article. 2 – leveraging justice Auditors Have obtained 10 or more rating values. 3-the pedagogical Committee may, however, decide on the fitness of the auditor not of Justice, although getting a rating equal to or greater than 10 values, reveal a lack of fitness. 34 4-the pedagogical Council, on a proposal from the director, may also decide on the fitness of auditor's not justice that reveal glaring lack of exploitation or of suitability, on the basis of the mid-term evaluations of the 2nd cycle, except in the case referred to in paragraph 4 of article 52. 5-the Auditors of Justice that are considered not fit for the duties of magistrate are excluded of course.
Article 55 final standings of course and degree 1-for the determination of final classification and graduation in the theoretical-practical training course, it is weighted as follows: final classification 1) cycle is worth 40%; b) the classification of the 2nd cycle final worth 60%. 2-the Auditors of Justice that are considered fit are graduated according to their final classification, taking into account, in case of equality, successively, the classification in the second cycle, the graduation on the first cycle, the graduation ticket contest and age, preferring the older. 3 – the Board does publish pedagogical agenda posted at the headquarters of the CEJ classification results obtained by the Auditors of Justice at the end of the second cycle and, in the list, the final individual classification and graduation, with a view to the entry into stage phase and the determination of the Court where this takes place.
Article 56 preference for place of stage 1 – until the end of the second cycle, the list of training places in the internship is posted at the headquarters of the CEJ, obtained the approval of the Superior Council of the judiciary, of the Supreme Council of the Administrative and tax Courts and of the Supreme Council of the Public Ministry. 2 – The Justice Auditors indicate, in descending order of preference, where courts intend to perform the stage, within five days from the date of posting of the list referred to in paragraph 3 of the preceding article, in application addressed to the respective Board of Governors, in the CEJ. 35 Subsection IV disciplinary Regime of Justice Auditors article 57 duties and incompatibilities the Auditors are subject to duties and incompatibilities of your status.
Article 58 the Duties of auditor justice
1-auditor's duties of Justice: a) the duty of attendance; b) duty of collaboration; c) the duty of correction; d) the duty of obedience; and the duty to participate); f) the duty of punctuality; g) the duty of booking; h) the duty of confidentiality; I) the duty of care. 2-the duty of attendance is compelled to attend regularly and continuously the activities which they are intended. 3-the duty of cooperation consists in the willingness to integrate the management of the CEJ, where the law foresees the participation of Justice Auditors, as well as to carry out the duties of representation of groups of Auditors, under the terms established by 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, committed and 36 conduct cooperative training activities. 7-the duty of punctuality is the obligation to attend the activities programmed in the schedule established. 8-the reserve duty is the obligation not to make statements or public comments on ongoing processes, procedural steps or other information that has been acquired within the framework of the training activities, unless authorized by the director of the CEJ, to defend the honor or to carry out other legitimate interest. 9-the duty of confidentiality is the obligation of secrecy in respect of facts and processes that knowledge within the framework of the training activities, when covered by the secrecy of Justice or by the obligation of professional secrecy. 10-the duty of diligence consists in the obligation to know and comply with the legal provisions, regulations and instructions governing the formation and operation of organic CEJ.
Article 59 disciplinary Offence is considered a disciplinary offence, even if negligent, practised by the auditor of Justice with violation of duties as your status.
Article 60 1 Incompatibilities-is incompatible with the status of auditor of justice the exercise of any public or private function of a professional nature. 2-it is forbidden to the Auditors of the Justice party-political activities of a public nature.
Article 61 Feathers to the Auditors of Justice shall apply the following penalties: a) warning; b) Reprimand registered; 37 c) Suspension of activities up to a month; d) Expulsion.
Article 62 disciplinary Process the application of the penalties of article 6(1)(b)), c) and (d)) of the preceding article is always preceded by a disciplinary process.
Article 63 precautionary measure of preventive suspension the director may suspend, up to 15 days, the auditor of Justice subject to disciplinary procedure, if the frequency of the training activities to be seriously disturbing.
Article 64 Competence for the application of disciplinary penalties is the responsibility of application: a) to the director, regarding the penalties referred to in (a)) and (b)) of article 61; (b)) to the Board, as the other feathers.
Article 65 Complaints of the decision of the director, in disciplinary matters, it is complaint to the disciplinary board.
Article 66 special effects of 1-the application of the penalty of expulsion precludes admission to CEJ by period of five years from the date of the decision to apply the penalty. 38 2 – When the offender is an employee or agent of the State, of public institution or public business entities, the CEJ communicates to its superior application of the penalties referred to in (c)) and (d)) of article 61.
Article 67 supplementary law In everything that does not show in this Decree regulated shall apply, mutatis mutandis, the Disciplinary Status of the employees and agents of the Central, Regional and Local Administration.
Section III stage of admission article 68 Appointment under stage 1 – the Auditors approved in the theoretical-practical training course are appointed judges or Deputy Prosecutors on stage by the Superior Council of the judiciary, by the Board of Governors of the Administrative and tax Courts or by the Board of Governors of the public prosecutor, as the case may be. 2-pending nominees, future judges and prosecutors-stage scheme assistants maintain justice auditor status.
Article 69 1 – Objectives the internship phase has the following objectives: a) the practical implementation and deepening of knowledge acquired in the theoretical-practical training course; b) the development of a sense of responsibility and consideration in decision making and in the assessment of their practical consequences; c) discharge of the critical sense and the development of autonomy in 39 of decision process; d) the development of skills of organization and management of work methods, with emphasis on management of the Court, of the process, time and agenda, as well as to the discipline of procedural acts; and) the development of a sense of responsibility in accordance with the procedure required for the exercise of the functions of the Magistracy; f) construction and affirmation of a responsible professional and personalized identity.
Article 70 1 Organization-the internship phase has a duration of 18 months beginning on the day on September 1 following the approval in the theoretical-practical training course, except for the Magistrates admitted to the theoretical-practical training course based on the second part of article 5 (c)), whose phase of training lasts for 12 months from the date of appointment without prejudice to paragraph 6. 2-in cases where, in accordance with the provisions of article 35, the second cycle is extended, the stage begins 15 days after the date of posting the list of graduation of theoretical-practical training course. 3 – the stage is conducted according to a single plan approved by the Board of Governors, racing your drafting and monitoring the CEJ. 4-stage phase comprises: a) specific actions addressed to each Magistracy; b) stages of short duration, whether mandatory or optional, along with non-judicial entities and institutions, whose activity is relevant to the exercise of each Magistracy; c) joint actions aimed at trainees Clocktower, advocacy and other professions involved in the administration of Justice. 5-The measures referred to in paragraph 1 (a)) and (b)) of the preceding paragraph are organized by the CEJ, in conjunction with the Board of Governors, as well as with the Bar Association, in the case of the measures referred to in point (c)). 6-the Board of Governors may, after hearing the respective pedagogical Committee of the CEJ, extend the stages referred to in paragraph 1 for a period not exceeding six months, 40 going on a justified reason. 7-the pedagogical Council of the CEJ may submit, for your initiative, the Board of Governors its reasoned opinion towards the extension of the stages, on a proposal from the director. 8 – judges and deputy prosecutors in internship scheme may, for a justified reason, be transferred by the Board of Governors, heard the director of CEJ or under this proposal.
Article 71 1 Regime – the magistrates under stage exercise with the assistance of trainers, but under their own responsibility, the functions inherent in the Magistracy, with their rights, duties and incompatibilities. 2-stage develops progressively, with complexity and increasing service volume. 3 – The superior Judiciary Councils, Administrative and tax courts and Prosecutors collect details of the suitability, the merit and the magistrate's performance on stage, and the CEJ provide them periodically appropriate information. 4 – the Board its not the appointment under effectiveness of magistrate on stage when, in accordance with the elements collected and heard the pedagogical Council of the CEJ, conclude by your lack of fitness for the exercise of the function. 5 – Can also the pedagogical Committee of the CEJ, on a proposal from the director, issue a reasoned opinion not appointment under effectiveness of magistrate under the stage when, as a result of the monitoring provided for in paragraph 2 of the preceding article, complete by your lack of fitness for the exercise of the function. 6 – the director of CEJ refers the opinion referred to in the preceding paragraph to the Board of Governors.
Article 72 41 Appointment 1-stage is complete, not the situation provided for in paragraph 4 of the preceding article, the magistrates are appointed under effectiveness. 2-in the absence of vacancies and as long as these do not exist, the magistrates are appointed as auxiliaries.
CHAPTER IV article 73 further training Objectives
The training is aimed at capacity-building and appropriate skills to job performance and personal recovery along the career of magistrate, promoting, inter alia: a) the update, the deepening and the expertise of the relevant legal and technical knowledge for the exercise of the judicial function; (b) the development of technical knowledge)-legal in terms of European and international judicial cooperation; c) the deepening of understanding of the realities of contemporary life, in a multidisciplinary perspective; d) awareness of the new realities with emphasis on judicial practice; and) deepening the analysis of the social function of the magistrates and the your role within the constitutional system; f) understanding of the phenomenon of social media in the context of the information society; g) the examination of themes and issues of ethics and professional ethics, in order to provide the approach and the exchange of individual experiences between the various agents that interact in the administration of Justice and an effective institutional and personal relationship; h) A judicial culture of good practice.
42 article 74 Addressees 1 – the magistrates in Office have the right and duty to participate in continuous training. 2-training has addressed to judges of the judicial courts, administrative and tax courts judges and public prosecutors, in exercise of functions. 3 – The continuous training can be generic or specialized scope and can be specifically addressed to certain judges. 4 – can be organised actions to national and foreign magistrates, notably in European and international law. 5-are also provided joint actions aimed at judges, lawyers and other professionals involved in the field of the administration of Justice.
Article 75 1 activities Organization – the annual training plan is designed and planned by the CEJ, in articulation with the superior Judiciary Councils, Administrative and tax courts and the public prosecutor, taking account of the needs of verified performance within the framework of the activities in the courts. 2 – the CEJ ensures the overall planning and the organisation of continuous training, observing the principles of decentralization, diversification by functional areas, specialization and multidisciplinary theme. 3-in the programming and implementation of measures for further training, the CEJ, on its own initiative or at the request, articulates with other entities, in particular, through protocols and agreements. 4-the measures referred to in paragraph 4 of the preceding article may be organized in cooperation with foreign entities responsible for the training of magistrates. 5-training is organized through small and medium duration courses or colloquia, seminars, meetings, conferences, conferences and lectures. 6-continuous training activities include specialised training courses, with a view to the allocation of judges to the courts with jurisdiction in special fields. 43 7 – the CEJ organizes, when appropriate, in particular where any relevant legislative reforms, specialized training in order to update the knowledge of judges.
Article 76 training plan 1 – continuous training activities listed in the continuous training plan which incorporates the annual plan of activities. 2-in drawing up the plan of continuing training are heard the top Judiciary Councils, Administrative and tax courts and the public prosecutor. 3-the implementation of the plan of continuing education shall be as set out in the annual activity report of the CEJ.
Article 77 Disclosure of the plan of continuing training 1 – continuous training plan is disclosed to all magistrates until 15 September. 2-the magistrates who wish to participate in training activities require the authorization to the superior judiciary, Councils of the Administrative and tax Courts and the public prosecutor's Office, until September 30. 3 – The Higher Councils communicate to CEJ the relationship of the parties to whom they granted the authorization referred to in the preceding paragraph. 4 – 30 days following the communication referred to in the preceding paragraph, the CEJ gives knowledge to interested parties of the action they are allowed to attend.
Article 78 and frequency of certification 1 – the CEJ, at the request of the interested party, make sure the frequency or the exploitation of participants in training measures. 2-the use of the magistrate in the courses referred to in paragraphs 5 and 6 of article 75 is assessed in accordance with the procedures and criteria which are defined in terms of the respective course 44. 3 – the magistrate's participation in continuous training, in accordance with the procedure laid down by the Statute of Magistracy, is taken into account, in General, in the assessment of job performance and, in particular, for the purposes of placement in specialised or specific courts and career progression.
Chapter V Article 79 training officers training officers 1-training activities are provided: a) on the first cycle of theoretical-practical training course for teachers and trainers in the EYC; b) on the second cycle and during the stage, by district and regional coordinators and trainers in the courts. 2 – continuous training activities participating teachers, trainers and other employees from among magistrates, academics, lawyers and other personalities of recognized merit.
Article 80 1 teachers scheme-faculty are recruited from among magistrates, academics, lawyers and other personalities of recognized merit. 2-teachers are appointed or designated by the Minister of Justice, on a proposal from the director, heard the pedagogical Council, for periods of three years, likely to renew for the same period, for once. 3 – The teachers carry out functions on a full-time or part-time. 4-full-time faculty are named in service. 5-The part-time teachers: a) if they are judges, employees or agents of the State, public or 45 institutions public authorities, when in effectiveness of functions, are designated under accumulation; b) outside the cases referred to in the preceding paragraph, are named in service. 6-When the appointment or designation falls in magistrate is preceded by authorization from its Board of Governors. 7 – the appointment of teachers pursuant to paragraph 4 shall apply the provisions of paragraph 2 of article 94 if they are judges, employees or agents of the State, public institutions or public authorities.
Article 81 the trainers in the CEJ 1-trainers in the CEJ are chosen by the director from among: a) magistrates, academics, lawyers, specialists and other personalities of merit obtained the authorisation of the competent authority, where appropriate; b) Experts indicated by entities with which the CEJ establish agreements in the area of training. 2-Except with regard to magistrates, the trainers ' service referred to in the preceding paragraph is made by preceding direct. 3-the magistrates trainers in the CEJ is entitled to a supplement remuneration fixed by joint decree of the Ministers of Justice and finance.
Article 82 of the Functions 1 – it is up to the teachers: a) participate in the planning of training activities and in the preparation of study plans; b) Elaborate programmes and summaries relating to subjects and areas of training components in accordance with the approved plans; c) to organize and direct the audit groups sessions of Justice and ensure its pedagogical accompaniment, during the 1st cycle of the course of theoretical-practical training 46; (d)) to assess the justice Auditors, under the terms established in this Act; e) participate in the preparation and intervene in other training activities, study and research, carried out by the CEJ, within the framework of its mission; f) perform the functions in the structures of the CEJ, when is your intervention planned; g) issue opinions, in the context of the subjects and areas to which they are assigned, the request of the director or the Deputy Directors; h) Integrate committees or working groups that requested the intervention of the CEJ, by decision of the director. I) perform other functions provided for in the law and in the rules of procedure. 2-the provisions of the preceding paragraph shall apply to part-time teachers, with the necessary adaptations.
Article 83 tasks of the trainers in the CEJ is the responsibility of the trainers in the CEJ: a) Organize and carry out the training activities to especially assigned; (b)) to assess the justice Auditors within the scope of the subjects that they teach; c) collaborate with the director, Deputy Directors and teachers in related training activities with the functions referred to in above.
Article 84 training Coordinators in the courts
1-the second course cycle of theoretical-practical training and monitoring by the CEJ of the internship are organised at the level of District Court, as for the judicial courts, and jurisdiction of the Central Courts, Administrative and fiscal Courts regarding. 47 2-In each judicial district or administrative jurisdiction and taxation area, as the case may be, the training is coordinated by magistrates appointed district coordinators and regional coordinators, respectively. 3-the coordinators referred to in the preceding paragraph are named in Committee service, or designated, accumulation, reduction of service, for a period of three years, renewable, on a proposal from the director, Higher Councils for the judiciary, Administrative and tax courts and the public prosecutor, as the case may be.
Article 85 Jurisdiction is the responsibility of the coordinators: coordinators) to collaborate in the preparation of the plan and the annual activity report, in the case of initial training in the courts; b) guide the short stages of Auditors of Justice in the courts, under the 1st cycle of theoretical-practical training course; c) Guide and monitor the implementation of the training activities of the 2nd cycle of theoretical-practical training course and internship phase within its judicial district or in the area of jurisdiction of the Central Administrative Court; d) Collaborate in the planning and execution of training courses of short duration in non-judicial institutions, in the framework of the 2nd cycle of theoretical-practical training course and internship phase; e) Organize and drive under the guidance of its Deputy director, in the framework of the 2nd cycle of theoretical-practical training course and internship phase, seminars, colloquia and education; f) Collaborate in the continuous training in the area of the respective judicial district or jurisdiction of the Central Administrative Court; g) Proceed under the guidance of the Deputy director, the evaluation of Justice Auditors on the second cycle of theoretical-practical training course; h) to provide, periodically, to the director of the CEJ, information on the performance of judges on stage; I) perform the other functions assigned to them by law and by the director of the CEJ. 48 article 86 Choice and designation of the trainers in the courts 1-trainers in the courts are appointed, on a proposal from the director of the CEJ, Superior councils of the judiciary, Administrative and tax courts and the public prosecutor of magistrates of the Magistracy. 2-in the designation of the trainers have taken into account the quality of the performance, the professional experience and motivation. 3 – the designation is made for a period of three years, renewable for equal periods. 4-the designation and the respective renewals depend on the consent of the magistrate.
Article 87 the Council service reduction higher than its may reduce the service temporarily to the magistrate, at the request of trainer, pondering the number of trainees has your position, the volume and complexity of the service and the functions to be performed.
Article 88 1 Assignments – the Magister trainer participates in the fulfilment of the objectives of the second cycle of theoretical-practical training course and internship phase. 2 – it is incumbent upon, in particular, trainers: a) guide the training activities, in accordance with its business plan and in accordance with the instructions of the respective coordinators and Deputy Directors; b) Watch the Auditors of Justice and magistrates under the stage, providing an effective implementation and development of quality of the training activities; c) collaborate with the pedagogical Council, the Deputy Directors and coordinators in the assessment, participating in meetings and paying the 49 performance information and necessary clarifications; d) Collaborate in the training activities set out in paragraphs 2 and 5 of article 51, paragraph 4 of article 70, in stages of short duration carried out on the first cycle of theoretical-practical training course, as well as in other activities that may be relevant to the training.
Article 89 training of trainers the CEJ gives magistrates trainers the tools appropriate to the performance of their duties.
TITLE III Mission, structure and functioning of the chapter I nature and mission of EYC article 90 Nature the CEJ is an establishment with legal personality and administrative autonomy, under the tutelage of the Ministry of Justice.
Article 91 1 headquarters and territorial scope – the CEJ is a central establishment with jurisdiction over the entire national territory. 2 – the CEJ is headquartered in Lisbon, and can create cores, pursuant to law, or facilities that are assigned in each judicial district or administrative jurisdiction and fiscal area, when necessary to ensure the achievement of initial and continuing training activities and their coordination.
50 Article 92 Mission and tasks 1-Mission of EYC Is: a) provide training for judicial magistrates and the public prosecutor for the judicial and administrative and fiscal courts; b) Ensure legal and judicial training of lawyers, solicitors and other professional sectors of Justice, as well as cooperate in activities organized by other institutions; c) Develop research and study. 2 – Is still mission of EYC, under the training of magistrates or judges candidates from foreign countries, ensure the execution of: a) training activities, within the framework of other international organisations or networks of training in which integrate; b) establishing cooperation protocols with foreign counterparts entities, in particular the countries of Portuguese language; c) international assistance and Cooperation Projects for the training of magistrates, on its own initiative or in partnership with other entities counterparts; d) technical cooperation agreements on judicial matters concluded by the Portuguese State.
CHAPTER II organizational structure section I article 93 Bodies Are the bodies Organs CEJ: a) the director; (b)) the General Council; 51 c) the pedagogical Committee; d) the disciplinary board.
Article 94 1 Director-the director is appointed from among magistrates, University professors or lawyers, in service for a period of three years, renewable, by joint decree of the Prime Minister and the Minister of Justice, heard the General Council. 2-the service of director does not determine a vacancy in the place of origin or that for which, however, has been named, although that place or this nomination to integrate service. 3-the post of director of the CEJ is equated to that of judge of the Supreme Court of Justice with regard to remuneration and remuneration supplements. 4 – it is incumbent upon the director:) Drive, coordinate and supervise the training activities; b) Celebrate protocols, project contracts and other agreements with public and private entities, both national and international, within the Mission of EYC; c) Issue directives in matters of the Mission of EYC which are not within the competence of other organs and determine measures for innovation and quality in training and administrative modernization; d) Elaborate the rules of procedure and the annual plan of activities; and prepare and submit) to the Minister of justice the annual activity report; f) Represent the CEJ and before public and private entities; g) proposing the convocation of the General Council, convene and chair meetings of the Council and of the disciplinary board; h) pricing of products and services, to authorize the sale of goods and expendable equipment, obsolete or discontinued and ensure the collection of revenue; I) abide by and enforce the legal and regulatory provisions relating to the organisation and functioning of the EYC and the resolutions taken by the respective agencies; j) Exercise the functions conferred upon it by law or by the rules of procedure and the powers which are by delegation or subdelegation. 52 5 – the director holds the powers of the Directors-General in the management of the CEJ, particularly with regard to facilities, equipment, personnel and financial resources of this.
Article 95 Deputy Directors 1-in the performance of their duties, the director is particularly assisted by four Deputy Directors: a) a deputy director for the 1st cycle of theoretical-practical training and continuing training; b) Two Deputy Directors for the 2nd cycle of theoretical-practical training course and internship phase of the judiciary; c) a deputy director in the field of study and legal research. 2 – The Deputy Directors are appointed, on Commission, for a period of three years, renewable, by the Minister of Justice, heard the General Council. 3 – Deputy Directors referred to in point (b)) of paragraph 1 shall be appointed from among judicial magistrates and the public prosecutor's Office, one of each Magistracy. 4-to the service of the Deputy Directors shall apply the provisions of paragraph 2 of article 94. 5-the position of Deputy director of the CEJ is equated to that of judge of relationship in terms of pay and compensatory supplements, and named the remuneration carried by place of origin. 6 – The Deputy Directors are replaced, in his absences and impediments, by the Deputy director appointed by the director.
Article 96 legal Replacement director the director is replaced, in his absences and impediments:) By Deputy director referred to under (a)) of paragraph 1 of the preceding article; b) by Deputy director with greater seniority in Office from among the referred to in point (b)) of paragraph 1 of the preceding article, in the absence or impediment of the Deputy director referred to under (a)); 53 c) by the Deputy director of point c) of paragraph 1 of the preceding article, in the absence or impediment of any of the Deputy Directors referred to in point (b)).
Article 97 1-General Council the General Council is composed of: a) by the President of the Supreme Court of Justice, who chairs; (b)) by the President of the Supreme Administrative Court; c) by the Prosecutor General of the Republic; d) by the Chairman of the bar; and) by the director of the EYC; f) By two personalities of recognized merit designated by the Assembly of the Republic; g) By three professors of law schools, appointed by joint decree of the Ministers of Justice and higher education; h) one member appointed by the Superior Council of the Magistracy; I) By a member designated by the Board of Governors of the Administrative and tax Courts; j) By a member designated by the Board of Governors of the Public Ministry; l) By two auditors of the 1st cycle of theoretical-practical course of initial training, elected by their peers. 2 – the President of the General Council shall be replaced, in his absences and impediments, successively, by the personalities referred to in points (a) (b))) of the preceding paragraph or by the respective legal substitute. 3-the General Council ordinarily meets twice a year and, extraordinarily, whenever called by the Chairman, either on his own initiative or at the request of the Minister of Justice or the director of the CEJ. 4 – When to gather outside of the period of activities of the 1st cycle of theoretical-practical training course, the Management Board shall consist of the members referred to in (a)) j) of paragraph 1. 5-the duties and responsibilities of the General Council: the) approve the annual plan of activities and enjoy the annual activity report; b) approve the rules of procedure; 54 c) comment on the appointment and renewal of service committees of the director and Deputy Directors; d) resolve on any matters concerning the organization or operation of CEJ which are not within the competence of other organs or may be referred to it by the Minister of Justice or the director.
Article 98 pedagogical Council 1-the pedagogical Council is composed by: a) the director of the CEJ, presiding; b) Deputy Directors; c) a member appointed by the Superior Council of the Magistracy; d) A member designated by the Board of Governors of the Administrative and tax Courts; and) a member designated by the Board of Governors of the Public Ministry; f) Two faculty members to be elected by their peers from among teachers in a full-time regime; g) A lawyer appointed by the Bar Association; h) a person designated by the General Council; I) a person designated by the Assembly of the Republic. 2-the pedagogical Committee meets when convened by the President. 3-in the meetings may participate, when summoned, without the right to vote, teachers, coordinators and trainers, as well as other stakeholders in the training activities that the pedagogical Committee consider appropriate to hear. 4 – it is the pedagogical Committee: a) approve the plan of theoretical-practical training course; b) appreciate the suitability and the use of Justice Auditors and your final scores and graduation. 5-as a consultative body in the field of innovation and quality of the training of magistrates, the pedagogical Committee: a) an opinion on matters relating to methods of recruitment and selection and training; b) Proceed directly or through entities designate the systematic structure of 55 evaluation evidence of knowledge of the written ticket contest, with a view to the improvement of your organisation and your best fitness training objectives. c) give its opinion on the proposals for appointment of teachers and of renewal of the Committee; d) comment on the results of the activities undertaken in the field of research and legal studies; and) issue an opinion on the extension of the stage and on the non appointment under effectiveness of magistrate in internship scheme.
Article 99 1 Board – the Board is composed of: a) by the director of the CEJ, presiding; b) By Deputy Directors; c) By a member designated by the Superior Council of the Magistracy; d) By a member designated by the Board of Governors of the Administrative and tax Courts; and) by a member designated by the Board of Governors of the Public Ministry; f) for two persons appointed by the General Council; g) By two auditors, elected by their peers. 2-when you run out of periods of theoretical-practical course activities, the disciplinary board shall consist of the members referred to in (a)) f) of the preceding paragraph. 3-with the exception of the director and the Deputy Directors, the members of the disciplinary board cannot be part of other collective organs of CEJ. 4 – the Board meets when convened by your President. 5 – it is incumbent upon the Board the exercise of the functions of disciplinary nature provided for in subparagraph (b)) of article 64 and article 65.
56 Article 100 1 – Deliberations For validity of the proceedings requires the presence of at least nine members, in the case of the General Council, and seven members, in cases of pedagogical Committee and of the disciplinary board. 2 – the deliberations of the bodies referred to in paragraph 1 shall be taken by a majority, having the President a casting vote.
Article 101 1 presence passwords-the members of the General Council, of the Council and of the disciplinary board are entitled to receive passwords and are entitled to the household allowance and transport allowance, in accordance with the law. 2-the provisions of paragraph 1 as the passwords of presence does not apply to members that play roles in the CEJ or auditors. 3 – the amount of passwords of presence referred to in paragraph 1 shall be fixed by joint decree of the members of the Government responsible for the areas of finance and justice.
Article 102 secretariat of the meetings of The General Council meetings, the pedagogical Committee and of the disciplinary board are any person appointed by the Chief of the Division of General support, which provide the necessary support and prepare the respective proceedings, being replaced, in his absences and impediments, by official designated by the director.
Section II Article 103 57 internal organisation internal organization on the internal organisation of the CEJ is provided for in its statutes, approved by order of the members of the Government responsible for the areas of finance and public administration and guardianship.
CHAPTER III management and operation of the CEJ Article 104 principles and management instruments 1-the development of Mission of EYC is subject to the principles of planning, budgeting, monitoring and evaluation, and is directed by programming, materialized, as much as possible in projects managed within a framework of integrated matrix structure in the area of legal studies and research. 2-to the achievement of your mission and without prejudice to other instruments provided for in the law or which may be adopted, the CEJ uses the following management tools, assessment and monitoring: a) annual plan of activities; b) annual Budget; c) annual report of activities; d) social Balance.
Article 105 1 Recipes – the CEJ has the revenue from appropriations which are allocated in the State budget. 2 – the CEJ has the following own resources: a) transfers I.G.F.I.J., i. p.; b) subsidies, subsidies, contributions, donations and bequests granted by 58 any entities; c) proceeds from the sale of publications and other educational materials; (d)) the amounts charged for activities or services rendered in the framework of your mission, including those resulting from the exploitation of intellectual property, as well as those which, in accordance with the law, are to be charged in respect of reimbursement of expenses; and the amounts allocated) in accordance with point (b)), for the development of specific programmes; f) the proceeds from the sale, pursuant to law, goods and obsolete or discontinued equipment, as well as those that are unnecessary to the operation of the EYC; g) income from assets, at any title, are in your possession; h) Any other income which is assigned by law, contract or other evidence of formal qualifications. 3-The own resources referred to in paragraph 1 (b)) the h) in the preceding paragraph are made for expenditure of CEJ during implementation of the budget of the year to which they relate, and the unused balances carried over to the following year.
Article 106 Expenses Constitute expenditure of CEJ charges resulting from your operation and the fulfillment of the mission and duties are legally committed.
Article 107 management positions higher than the upper management positions CEJ in the map annexed to this law, which is an integral part.
Article 108 remuneration Scheme
1 – the remuneration scheme of the professors, engineers, trainers in the CEJ and 59 us courts and members of the jury of the contest entry into the starting line-up, including the psychological examination of selection, is secured by joint decree of the members of the Government responsible for the areas of finance and Public Administration and guardianship. 2-the magistrates, employees or agents of the State, public institutions or public business entities who are full-time faculty receive named the remuneration corresponding to the place or position of origin.
Article 109 personal scheme 1-the staff serving the CEJ is governed by the provisions of this law and by the general public, without prejudice to the next paragraph. 2-in the case of magistrates, or officers of Justice applies the provisions of this law and in statutory respective diplomas and, in everything that is not incompatible with them, the general scheme of the civil service.
Article 110 1 – Identifying the leaders, engineers, teachers, other staff of the EYC and the Auditors of justice are entitled to the use of identity card, the model adopted by order of the Minister of Justice. 2-the cessation or suspension of the exercise of functions or the frequency of theoretical-practical training course determine the obligation of the immediate return of the identity card to the CEJ.
TITLE IV transitional and final provisions chapter I transitional provisions 60 article 111 transitional Regime of 1 ticket-holders of the degree conferred under previous studies organization established by Decree-Law No. 74/2006, of March 24, or legal equivalent can compete with exemption of the requirements in article 5 (c)). 2-To candidates who choose to benefit from the exemption provided for in the preceding paragraph are applied to the contest rules, entry and training provided to the candidates who compete on the basis of the first part of article 5 (c)). 3 – The first open ticket contest after the entry into force of this law shall be accepted only candidates who compete under the preceding paragraph who are holders of a Bachelor's degree in law for at least a year to the date of expiry of the period set for the submission of applications.
Article 112 transitional Regime of aides aides who meet the requirements laid down in article 15 of law No. 2/98, of 8 January, may apply to the initial training under the scheme applicable to candidates referred to in the second part of article 5 (c)).
Article 113 transitional arrangements 1 training-Without prejudice to the provisions of article 119, the present law does not apply to candidates admitted to the competition training opened in 2007, nor to the Auditors of Justice which have commenced training course prior to your entry into force, nor magistrates in internship scheme. 2-for the purposes of the preceding paragraph, shall remain in force the law No. 16/98, of 8 April, with the amendments introduced by law No. 3/2000, of 20 March, and by Decree-Law No. 11/2002, of 24 January, in all that refers to the regime and effects of initial formation. 3-the provisions of paragraph 1 do not enjoy the successful candidates in the competition of 2007 or earlier who has been authorized to travel frequency following that for which 61 were enabled.
Article 114 management, pedagogical Advice and discipline 1 – remain in Office, with the present Constitution and functioning, the Management Board, the pedagogical Committee and disciplinary board until the date of the beginning of functions of the General Council, of the Council and of the disciplinary board referred to in articles 97, 98 and 99 shall apply mutatis mutandis the provisions of paragraph 2 of the preceding article. 2-the General Council starts in December 2007 15. 3-the pedagogical Committee and the Board, with the composition established by this law, initiate functions respectively on June 30 2008 and at the date of the beginning of the first theoretical-practical training course.
Article 115 1-rules of procedure the rules of procedure is submitted by the director to the General Council for approval, in accordance with article 101, within 90 days after the entry into force of this law. 2 – the regulation referred to in the preceding paragraph, once approved, is published in the Gazette and made available on the site of the EYC on the Internet. 3 – until the date of entry into force of the new regulation shall remain in force, with the necessary adaptations, the present rules of procedure.
CHAPTER II final provisions article 116 Counting deadlines unless otherwise specified, the count of the periods referred to in this law applies the provisions of the administrative procedure Code. Amendment 62 Article 117 the status of Administrative and fiscal Courts articles 61, 71 and 72 of Act No. 13/2002, 19 February, which approves the Statute of the Administrative and tax Courts, with the amendments introduced by law n° 4/2003, of 19 February, and 107-D/2003, of December 31, shall be replaced by the following : «article 61 [...]
1-vacancies for judges of the higher courts are filled by transfer from another section of the same court, as well as by tender when vacancies to be filled are greater than or equal to five. 2-admission to tender, in the case of the provision of the places referred to in the preceding paragraph, depends on degree based on the overall consideration of the following factors: the classification) in positive written test for admission; (b) Previous service classifications) in the case of the applicant being a magistrate; c) Degree obtained in competition; d) University and post-graduate Curriculum; and scientific or professional Work); f) activity developed in foro, in legal education or in public administration; g) seniority; h) interview; I) other relevant factors which respect specific preparation, fitness and ability of the candidate to the post. 3-vacancies for judges of administrative courts and tax courts circle are filled by transfer of other administrative courts of circle or tax courts, as well as by invitation to tender in accordance with the law that defines the system of ticket in the Clocktower and 63 training of magistrates.
Article 71 [...]
The contest to judge of the administrative courts of circle and tax courts shall apply the rules laid down in the law that defines the system of ticket in the Clocktower and training of magistrates.
Article 72 [...]
The initial and continuing training, administrative and fiscal judges shall apply the rules laid down in the law that defines the system of ticket in the Clocktower and magistrates ' training. '
Article 118 shall be repealed: the set Standard) Law No. 16/98, of 8 April, with the amendments introduced by law No. 3/2000, of 20 March, and by Decree-Law No. 11/2002, of 24 January; b) articles 60 and 73 of Act No. 13/2002, 19 February, which approves the Statute of the Administrative and tax Courts, with the amendments introduced by law n° 4/2003, of 19 February, and 107-D/2003, of December 31.
Article 119 entry into force this law shall enter into force on the day following your publication.
Seen and approved by the Council of Ministers of 5 July 2007 64 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 65 ANNEX part of upper management positions CEJ referred to in article 107 DESCRIPTION of the QUALIFICATIONS of LEADERSHIP POSITIONS LEADERSHIP POSITIONS DEGREE NUMBER of POSTS higher first degree 1 Direction Director Deputy Director Directorate 2 grade 4 top
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