PROPOSED LAW NO. 171 /X

AMENDMENT TO LAW NO. 21/85, OF July 30

(STATUTE OF JUDICIAL MAGISTRATES)

Exhibition of Motives

The situation of the judges with residence in an Autonomous Region is to be tuteled,

with respect to the payment of air transport between such places and the Courts

Superiors in which they are or are placed, in such a way as to ensure their equality,

concerning the Juices residing in the continent.

Articles 17º (1) (c) and 8º (3) of the Statute of Magistrates

Judicial, provide for judges to be entitled to the free use of transport

public, land and fluvial collective, within the area of constituencies in which they exercise

functions, or from this one to the place of your residence (authorized).

Since there is no land or fluvial transport to the Regions

Autonomous, the juicers who reside there and have their living centre and who enter a

Top court, find themselves in a clear situation of inequality, in the face of any

judge resident on the Portuguese mainland, attending, since soon, at high

costs of displacements by air.

Just as the current regime presents itself, a judge resident in the Regions

Autonomous ones entering a Superior Court, with the costs of the displacements to

weekly sessions (necessarily by air), will practically pay to exercise

functions. Being certain that any other judge who resides at any other point in the

continent-eventually even with more difficult accesses-has guaranteed use

free of transport.

In these terms:

The Legislative Assembly of Madeira, under Articles 167º, 1 and

227º, paragraph 1 (f) of the Constitution of the Republic, presents to the Assembly of the Republic

the following proposal for Law:

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Article 1º

Article 17º (1) of Law No. 21/85 of July 30, (Statute of the

Judicial Magistrates), amended under the authorisation granted by Law No. 80/88,

of July 7, by the Decree-Law No. 342/88 of September 28, and by the Laws 2/90, of

January 20, 10/94, of May 5, 44/96, September 3, 81/98, December 3,

and 143/99, of August 31, is replaced by the following:

" Article 17º

1-Are special rights of the judges:

a) ...........................................................................

b) ..............................................................................

c) ..............................................................................

d) Free use of air transport, among the Regions

Autonomous and the Portuguese Continent, in the manner to be established by the

Ministry of Justice, when they have authorised residence

in those regions and exercise functions in the Higher Courts;

e) (previous point d);

f) (previous point (e);

g) (previous point f);

h) (previous point (g);

i) (previous point (h).

2-..................................................................................

3-..................................................................................

4-..................................................................................

5-................................................................................. "

Article 2º

The provisions of point (d) of Article 17º shall produce effect on the date of entry into

vigour of the State Budget Act for 2008.

Approved in Plenary Session of the Legislative Assembly of Madeira, in 8

of November 2007.

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THE PRESIDENT OF THE LEGISLATIVE ASSEMBLY OF WOOD,

_______________________________________

José Miguel Jardim d' Olival de Mendonça