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DRAFT LAW NO. 241/X

CHANGES THE LAW THAT REGULATES THE STRUCTURE AND OPERATION OF THE

CENTER FOR JUDICIAL STUDIES

Exhibition of reasons

When reviewing, in 1998, the organic law of the Center for Judicial Studies (CEJ), the

requirement of the minimum age of admission in that institution was replaced by the requirement

of the candidate to possess for at least two years, on the opening date of the contest,

degree in law by Portuguese university or academic habilitation

equivalent to the face of Portuguese law.

This requirement has been the recurring object of criticism, pores can lead to the

decrease in the quality of the tender candidates.

In hearing promoted by the Committee on Constitutional Affairs, Rights,

Freedoms and Guarantees, on July 9, 2003, the Lord Disembargator Mário Silva

Tavares Mendes, then Director of the Center for Judicial Studies, touched on this themed

on the following terms: " ... when we say that there are some shortcomings of the

degree in the candidates who compete for the Center for Judicial Studies in

consequence of the two-year waiting period, seem to us, by the experience that

we have, that there has been a marked reduction in the quality of the candidates. Therefore, duty-

if it will, eventually, review that aspect (...) ".

It appears thus necessary to put an end to the obligation of the licensee to have to wait two

years between the end of your graduation and the act of running for CEJ, thus contributing

for the improvement of the quality of candidates for future magistrates.

For that purpose, it is retaken, in respect of the requirement of the graduation, the wording that

found out of the Decree-Law No. 374-A/79 of September 10 on these moulds by changing the

(b) of Article 33º (33º) of Law No 16/98 of April 8.

On the other hand, and given that the improvement of the quality of magistrates must

constitute a decisive gamble, proceeds to extend the duration of the internship phase

from 10 to 22 months.

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With this amendment, it is intended to ensure that the magistrates placed on a regime of

effectiveness be possessors of an ever more demanding level of knowledge and

of judicial practice, which will not only contribute to greater digniation of the functions

of judge or prosecutor of the Public Prosecutor's Office, as also for the reinforcement in the

accreditation of the system of justice.

Considering serviceable and legitimate the expectations of the magistrates who meet

in a regime of internship at the date of the entry into force of the present initiative, safeguard themselves

these from the implementation of the new regime.

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

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

draft law:

Article 1º

Articles 33º and 69º of Law No 16/98 of April 8, amended by Law No. 3/2000, 20

of March, and by the Decree-Law No. 11/2002 of January 24, they go on to have the following

wording:

" Article 33º

(...)

1-(...):

a) (...);

b) To be licensed in law by Portuguese university or possess habilitation

academic equivalent to the face of Portuguese law;

c) (...).

2-(...).

Article 69º

(...)

1-(...).

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2-The internship has the duration of 22 months, save if the duration is changed in the terms of the

next article.

3-(...). "

Article 2º

This Act does not apply to magistrates who find themselves in an internship scheme à

date of its entry into force.

Palace of S. Bento, .... from March 2006

The Deputies of the PSD,