Regulates The Admission In The Clocktower, The Training Of Magistrates And The Nature, Structure And Functioning Of The Judicial Studies Center And The Fourth Amendment To Act No. 13/2002, 19 February, Which Approves The Regulations Of Administrative C...

Original Language Title: Regula o ingresso nas magistraturas, a formação de magistrados e a natureza, estrutura e funcionamento do Centro de Estudos Judiciários e procede à quarta alteração à Lei n.º 13/2002, de 19 de Fevereiro, que aprova o Estatuto dos Tribunais Administrativos

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1 DRAFT law No. 241/X changes the LAW that GOVERNS the structure and OPERATION of the JUDICIAL STUDIES CENTER explanatory memorandum at the time of the review, in 1998, of the organic law of the Judicial Studies Centre (CEJ), the minimum age requirement for admission in that facility was replaced by the requirement that the applicant have for at least two years on the date of opening of tender, degree in law by the University or academic qualification equivalent to the Portuguese face Portuguese law. This requirement has been the subject of criticism, because it can lead to decreased quality of candidates to contest. In a hearing organized by the Commission for Constitutional Affairs, rights, freedoms and guarantees, on 9 July 2003, the Lord Judge Mario Silva Tavares Mendes, then Director of the Centre of Judicial Studies, touched on this issue in the following terms: "... when we say that there are some deficiencies in the degree in which candidates compete to the Judicial Studies Center as a result of the two-year waiting period It seems to us, by experience, that there was a marked reduction in the quality of the candidates. Therefore, we should eventually review this aspect (...) ". It is thus necessary to put an end to the obligation of the licensee having to wait two years between the end of your degree and the Act of the CEJ, contributing to the improvement of the quality of the candidates to future judges. To this end, resumes, with regard to the requirement of the degree course, which consisted of Decree-Law No. 374/79, September 10, in that way if by changing the subparagraph (b)) article 33 of law No. 16/98, of 8 April. On the other hand, and considering that the improvement of the quality of judges must be a decisive, the extension of the duration of the internship phase of 10 to 22 months.

2 With this amendment seeks to ensure that the judges placed under effectiveness are possessors of an increasingly demanding level of knowledge and of judicial practice, which not only will contribute to greater dignity of judge or Prosecutor, as well as for strengthening the justice system accreditation. Considering cogent and legitimate expectations of the judges who are in stage scheme at the date of entry into force of the present initiative, safeguard these the new regime.

Thus, in accordance with the rules applicable and constitutional, the undersigned, Members of the parliamentary group of the Social Democratic Party, present the following draft law: article 1 articles 33 and 69 of law No. 16/98, of 8 April, as amended by law No. 3/2000, of 20 March, and by Decree-Law No. 11/2002, of 24 January, are replaced by the following : ' article 33 (...)

1 – (…): a) (…); b) Be licensed in law by University or equivalent academic qualification of Portugal to the Portuguese law; c) (…). 2 – (…).

Article 69 (...)

1 – (…).

3 2-stage lasts for 22 months, unless the duration is changed in accordance with the following article. 3 – (…).»

Article 2 this law shall not apply to magistrates in internship scheme at the date of your entry into force.

Palácio de s. Bento, March 2006 Members of the PSD,