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1 PROPOSAL of law No. 155/X explanatory memorandum the new Statute of the Administrative and tax Courts and the Administrative courts procedure, which proceeded to the reform of administrative litigation, assigned major new powers to the administrative courts, which involved the extension of your network, in order to bring justice to the people and off skills. The law No. 13/2002, 19 February, which approves the Statute of the Administrative and tax Courts, requires the creation of a system of recruitment and training of new judges, task that arises, therefore, as a priority measure to promote by the Ministry of Justice, constitute a decisive factor for the effective implementation of the reform. With the creation of a new paradigm of Justice for Administrative and fiscal courts, translated by new organization of these courts, for the transfer of guardianship of the Tax Courts to the Ministry of Justice, the bet on computerization of administrative courts and, in the future, with the computerisation of Tax Courts, it is intended to give a new impetus to the reforms that have been implemented in this sector. The reform was inspired in order to create conditions for administrative justice could respond to progressive growth of litigation in this matter by creating a network of courts of first instance able to ensure adequate coverage of the national territory, as well as the transfer of the tax courts to the functional dependency of the Ministry of Justice, incorporating these courts in the new network that therefore was born as a network of administrative and fiscal courts aggregates. Also, bet on introduction of innovative solutions in the areas of internal organization of the courts and of the means of process management, aimed at boosting the achievement of higher standards of rationality and, therefore, higher levels of effectiveness and efficiency of this sector of Justice. 2 after two years on the initiation of the reform of administrative litigation, the Justice Department has conducted an evaluation of the main areas of improvement, needy for the appropriate sizing of these courts between the administrative and tax aspects for the admission of magistrates to the Administrative and tax Courts. Among the various areas that lack of fitness solutions implementation it appears that, despite the status of the Administrative and tax Courts establish the outlines of the recruitment model adopted for the admission of magistrates in this jurisdiction, does not yet exist a diploma certifying and permitting your admission. The process of recruitment and training of magistrates, with particular emphasis on several areas of specialization, is critical to success of any reform. The archetype of recruitment laid down by the Statute of the Administrative and tax Courts is based on a clear option for the value of professional criteria and, on the other, ensuring the maintenance of a high standard of quality of the candidates, regardless of your origin, through the provision of written evidence in the relevant matters. The new system, clearly distinguished from current model currently in force for the judiciary, translates a model of recruitment to the judiciary in pluralistic trend of modern systems approach adopted by several European countries as Spain, France, Germany in, Italy and the Netherlands. On the other hand, being in the course reform of the law governing the admission and training at the Judicial Studies Centre, if there are no reasons for the CEJ maintain a role in the formation of judicial magistrates and another, substantially different in the training of judges of the Administrative and tax Courts. So if you took a clear option: integrate the process of recruitment and training of judges of the administrative and tax courts, on an equal footing vis-à-vis judicial judiciaries within the CEJ and, consequently, provide for 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. 3 However, and despite the ongoing reform, the Ministry of justice cannot ignore the pressing need for an urgent recruitment of magistrates in order to move forward with the creation of six new Courts Tax – which Liquidators is part of the action programme for the modernisation of Justice and a number of tax measures that have been undertaken by the Government to improve the effectiveness of fair taxation. So, we must, as interim measure provisional regulations of an exceptional competition for the recruitment of 30 magistrates assigned to Tax Courts. Noted the urgency of the procedure, if not also be the same compatible with a recruitment open to a potentially infinite universe of candidates. To do so would require the completion of various selection tests, with written and oral phases, before whose length cannot sympathize with the real needs of our judicial system. For what if you chose, so exceptional, limiting recruitment to judicial magistrates and the public prosecutor, which, since it already provided evidence, will be selected only on the basis of a mere curricular review. After the selection, the magistrates must follow a specific training course, comprising 12 specialization modules in the administrative and fiscal areas. During the course the magistrates will be evaluated for the purposes of graduation and, when they fulfil the necessary requirements, shall be appointed in accordance with the provisions of the Statute of the Administrative and tax Courts. 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: 4 Article 1 exceptional Contest ticket to the Administrative and fiscal Courts 1-within 60 days of the date of publication of this law, is open to outstanding ticket contest to fill vacancies of 30 judges for the Administrative and fiscal Courts and, the director of the Centre for Judicial Studies (CEJ) do publish in their official Gazette notice. 2-The warning referred to in the preceding paragraph are set out in the following elements: a mandatory) admission requirements; b) selection Methods to be used; c) final classification system to be used; d) body which must be presented with the application for candidacy, its address, delivery date, form of presentation and other documents necessary for the formalization and the nomination statement; and) 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; f) forms of publicity of the list of candidates admitted and non-admitted and of the results of applying the methods of selection, as well as the lists of final scores and graduation. 3-the contest is valid for three years, during which time the magistrates carrying out with approval the specialization course but that don't get sorted in a position to join in the Tax Courts may, upon resolution of the Board of Governors of the Administrative and tax Courts, according to a final ranking of course, join in these courts when the withdrawal, removal or deletion of any of the judges assigned to this bench. 5 article 2 of the competition Rules
The ticket is in compliance with the following rules, applying in the alternative the provisions of the law that governs the structure and operation of the EYC and the Statute of the Administrative and tax Courts: a) are only allowed to contest judges and prosecutors; b) the application is made upon request directed to the director of the CEJ within 15 days from the date of publication of the notice of opening; c) fulfilment of the requirements for admission to the competition provided for in point (a)) is verified by a selection jury composed of seven elements: i) A member designated by the Board of Governors of the Administrative and tax Courts, who presides over the jury and have the casting vote; II) a member appointed by the Superior Council of the Magistracy; III) A member designated by the Board of Governors of the Public Ministry; IV) one member designated by the Centre for Judicial Studies; v) Three Teachers doctorates in law, of the areas of law, tax and Administrative procedure, appointed by order of the Minister of Justice; d) with respect to candidates admitted to the competition, the selection method to be applied is that of the curricular evaluation; and the jury referred to in subparagraph (a)) c) breaks down in two for the curricular review, in odd number and each jury, made up as follows: i) A magistrate from among the referred to in (a)) (a) and (b)); II) a representative of the Centre for Legal Studies; III) A Professor doctorate in law; f) evaluation studies aims to take into account the following aspects: i) the ratings of service to date of the contest – 40%; II) College curriculum and further education-20%; III) scientific papers in the areas of administrative law or tax law – 20%; 6 iv) seniority – 10%; g) other relevant factors which respect specific preparation, fitness and ability of the candidate to the function – 10%; h) classification is expressed on a scale from zero to 20 valorimétrica values, taking into account the coefficients indicated in the preceding paragraph; I) ranking of candidates is done in descending order; j) are published at the same time the list of candidates excluded from the contest and the list of ranking of candidates admitted; l) are entitled to training the candidates admitted in order of graduation, in number equal to the number of vacancies, plus 10; m) claim is permitted of the lists referred to in the preceding paragraph shall, within 10 days after the publication, the complaints decided by the middle of the jury; n) the formation comprises a specialization course.
Article 3 1 specialization course-the magistrates approved attending a specialization course organized by the CEJ. 2-the training course is mandatory, begins immediately after the publication of the list of graduation and has a maximum duration of three months. 3-The judges attend the following specialisation modules: a) Group i: i) Financial and tax accounting principles; II) IRS Legal Regime; III) legal status of IRC; IV) Legal Regime of VAT; v) the Legal Regime of the IMT, IMI, stamp duty and other taxes; vi) Customs Law and Customs litigation. b) Group II: 7 i) public procurement; II) administrative acts; III) Constitutional Principles of tax law and theory of the legal/tax relationship; IV) administrative litigation: the regime of Administrative courts procedure code; v) tax litigation: the procedural regime of the code of tax proceedings and Procedure; vi) Community law with implications for administrative law and national tax. 4-legal modules are taught by Faculty of law schools or masters or Doctors in law, Administrative law or tax areas, appointed by the Minister of Justice, on a proposal from the Director of CEJ. 5-the modules are subject to evaluation, which will determine the final ranking. 6-the assessment of trainees in each module, results from the securing of note in exam or term paper, rated on a scale from zero to 20 values. 7-the final classification of the course corresponds to the arithmetic mean of the classifications obtained in each module, in accordance with the following weighting: a) Group I is worth 40%; b) Group II is worth 60%. 8-The graduation lists are published 10 days after the end of the course. 9-During the course candidates keep your pay status, your rights, obligations and incompatibilities being counted, for the purposes of seniority, the period of formation, resuming their positions or functions without loss of seniority in case of exclusion or withdrawal justified. 10-Without prejudice to the provisions of the following paragraph, the period of service in the judicial courts is for the purposes of seniority on judiciary and for payment purposes. 11-the length of service in the judicial courts, as judges or prosecutors, is not for the purpose of: 8 a) Seniority in the administrative and tax jurisdiction, demonstrating only the exercise of such functions as judge of those courts; b) contest for the Central Administrative Courts that will always be required five years of service as a judge in the administrative courts of circle or tax courts and rating of not less than Good with distinction on this service. 12-the judges appointed under this Contest shall be subject to a minimum stay period of three years in the courts of the jurisdiction in which they were placed, and cannot be provided in another jurisdiction before the courts during the same and without being previously consulted their advice.
Article 4 amendment to the Statute of the Administrative and tax Courts article 58 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 is replaced by the following:% quot% article 58 [...]
1 – […]. 2 – […]. 3 – […]. 4-the career advancement of judges of the administrative and tax jurisdiction does not depend on the Court in exercising functions. 5 – the judges of administrative courts and tax courts amount to circuit judge after five years of service in these courts with Good with distinction.»
9 Article 5 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 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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