Approves Interim Standard Which Establishes Exceptional Regime Of Access Of Judges To The Courts Of Appeal

Original Language Title: Aprova norma transitória que estabelece regime excepcional de acesso de juízes aos Tribunais da Relação

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624463314d6931594c6d527659773d3d&fich=pjl752-X.doc&Inline=false

Draft law ° 752/X-4 th establishes a exceptional regime of PORTUGUESE COMMUNIST PARTY's Parliamentary Group Š Bill No ° 752/X-4 th establishes a exceptional regime of naming of juà for the courts of zes relationship display the statement the systematic feature ¡ t ico is naming the juà helper to the courts of zes relationship is an expedient aimed at sat isfazer needs these functioning ivas efect
courts without the corresponding increase of respect plan tables. Indeed, over the years has been the way found to the courts of the relationship have juà zes required vis-à-vis the respect ivo workload, having this f auxiliary judge igura been taken legally in the Organization and functioning of the judicial courts. Over the years is was the naming of these juà zes for the courts of the burden involved, actually, the tendering procedure identical nt ico to ut ilizado for naming of juà ⠀ œ efect judges zes ivosâ €  then in force. This signif ica that, other than from those days, nothing substantial dist Inge, right? the juà auxiliary juà ' zes zes judges. Now, with the entry into force of law No 26/2008 °, of 27 June, these rules of access to the courts of the relationship were significantly below icat ivamente altered, creating a problem report ivamente to juà 118 zes helpers that currently play µ s role in the courts of the relationship. Do not understand why reason these juà zes that if subjected to the same concursais rules for the naming of judges , that come playing µ s function identical nt icas and give response to needs of courts ivas efect of trust should impose new contest to the same court, now subject to completely different rules from those which exist would at the time of their health from courts of 1 ' th instance. However, you need to also take into account the legà t s rights and interests of those other juà zes that, with greater iguidade ant that current aides and lt ima exponential notation is not less than â € œ Good with dist numerous of oâ € , wish to also access the courts in trust. Would not be fair to admit go the naming of the current juà helper zes and not admit go naming of those who, finding himself in situation identical nt ica or even more favorà 2, not only proposed the contest for naming as an aid. On the other hand, the recent decree-law n. º 28/2009 Â, 28 January, provides, in its art igo 49. °, the possibility of stay to use cont is the naming of juà to the courts of zes respect. However, in view of the needs of courts ivas efect of relationship does sent gone take is part ida does enlargement of pictures of these courts to the extent of these needs and resort is naming Of auxiliary zes juÃ. So, what the PCP µ and with this proposed Bill is a solution which aims to answer the needs to increase the frames of the courts of the relationship and, in the first place, is naming the current 118 juà auxiliary zes and then is the naming of juà of 1. ª zes instance with largest ant iguidade those and exponential notation is not less than â € œ Good with dist numerous of oâ €  within the limits established by the own ³ Government itself naming of juà zes. In consequence, the frames of the courts of the relationship should be automat icamente increased the number of places required to proceed to the naming of these juà zes. Thus, in legal terms and const itucionais applicable, members of the parliamentary group of the CFP feature the following draft law: Article 1. º à ‚ scope and covered 1-this law inst itui exceptional arrangements of naming of juà for the courts of zes relationship. 2 â € “ are covered by the ituà of the present law inst : a) the juà auxiliary assigned to the courts of zes relationship; b) juà zes of 1 ' th instance with largest ant iguidade the least juà auxiliary zes ' igo ant, whose is it ima exponential notation is not less than â € œ Good with Dist numerous of oâ € .

Article 2.  º naming of juà ⠀ “ 1 The zes juà zes held in µ s situation provided for in art 1. º igo are nominees for the courts in trust, since the request, without the need for sujeià the competition provided for in law No 26/2008 °, of 27 June. 2 â € “ the naming of juà zes for the courts in trust under this scheme is carried out in the following terms: a) are named the zes juà the situation of in nea) art igo 1. °;

3 (b)) are named the zes juà the situation of in nea b) of article 1. º igo; c) the naming of zes juà referred to in previous nea has also limit in each court of the trust relationship, half the number of apprentices provided for in Ordinance juà that defines the number of juà zes the bag to each judicial district.

Article 3. º Frames the courts respect his paintings for the courts of the trust is deemed to be icamente increased automat number of places required to comply with the provisions of art previous igo.

Article 4. º entry into force this law shall enter into force on the day following that of its publication.



Assembly of the Republic, 22 of April 2009 Meps, JOHN ƒ the tree; ANTÔNIO “ NIO PHILIP; BERNARDINO SOARES; MICHAEL JAMES; JOSE SOEIRO ‰;
BRUNO DAYS; FRANCISCO LOPES; JERÃ “ NIMO DE SOUSA