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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

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PORTUGUESE COMMUNIST PARTY

Parliamentary Group

Draft Law No 752 / X-4ª

Establishes an exceptional regime of appointment of judges

for the courts of Relation

Exhibition of reasons

The systematic recourse to the appointment of auxiliary judges to the courts of Relation is an expedient that aims at sat ismaking efect needs of operation of these courts without proceeding to the corresponding increase in the respect of the Respect Tables.

Indeed, over the years it has been this the way found for the courts of the Relation to have necessary judges in the face of the respect of the respect of the working volume, having even this f igura of auxiliary judge been assumed legally in the regime of organization and operation of the judicial courts.

Over the years it has proceeded to the appointment of these judges to the courts of the Relation using, incidentally, the concursal procedure identical to the ut ilized for appointment of "efect ives" disembarkent judges then in force. This means that, apart from the designation, nothing substantial dist ingue the auxiliary judges of the disembarkative judges.

Ora, with the entry into force of Law No. 26/2008 of June 27, these rules of access to the courts of the Relation were to be crucially amended, creating a problem relat ively to the 118 auxiliary judges who currently perform duties in the courts of Relation.

It is not understood because reason these judges who have subjected themselves to the same concursal rules for appointment of the disembarkers, who have been performing identical functions and give response to the efect needs of functioning of the courts of Relation, if must subject the new contest to the same court, now subject to completely different rules of those that were going to be when they were leaving the courts of 1 th instance.

However, one must also take into account the legitt we have the rights and interests of those other judges who, with greater ant iguity that the present auxiliaries and últ ima notation does not lower than " Good with dist inmotion ", they also wish to access the courts of Relation.

It would not be fair to admit to the appointment of the current auxiliary judges and not to admit to the appointment of those who, by finding themselves in an identical situation or even more

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favorably, only did not propose to contest for appointment as an auxiliary.

On the other hand, the recent Decree-Law No. 28/2009 of January 28 provides, in its art igo 49, the possibility of cont inuar to resort to the appointment of auxiliary judges to the courts of Relation.

Ora, in the face of the actual needs of the functioning of the courts of the Relation does not make it sent to the part of the non-enlargement of the cadres of these courts to the extent of these needs and to resort to the appointment of auxiliary judges.

Thus, what the PCP proposes with the present Draft Law is a solution that aims to respond to the needs of increasing the cadres of the courts of the Relation by proceeding first, to the appointment of the current 118 auxiliary judges and then to the appointment of the judges of 1 th instance with greater ant iguity than those and notation not less than " Good with dist inmotion " within the limits set by the Government itself for the appointment of auxiliary judges.

As a result, the cadres of the Relief Courts must be automatly increased from the number of seats required to proceed to the appointment of these judges.

Thus, in the applicable legal and const itutional terms, the Deputies of the Parliamentary Group of the CFP present the following Draft Law:

Article 1.

Scope and object

1-A present law inst itui an exceptional regime of appointment of judges to the courts of Relation.

2-Are covered by the regime inst ituated by this Law:

a) the auxiliary judges assigned to the courts of the Relation;

b) the judges of 1 th instance with greater ant iguity that the least ant igo of the auxiliary judges, whose últ ima notation is not less than " Good with Dist inmotion ".

Article 2.

Appointment of judges

1-Judges who find themselves in the situations provided for in Art igo 1 shall be appointed to the courts of the Relation, provided that they require it, without a need for the contest provided for in the Competition provided for in Law No. 26/2008 of June 27.

2-A The appointment of judges to the courts of the Relation under this scheme shall be made in the following terms:

a) are appointed the judges who find themselves in the situation of point (a) of art igo 1.

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b) are appointed the judges who find themselves in the situation of point (b) of art igo 1.

c) the appointment of judges referred to in the preceding paragraph has as a limit, in each court of the Relation, half of the number of judges provided for in the portation that defines the number of judges of the fellowship for each judicial district.

Article 3.

Tables of the courts of the Relation

The tables of the Relief Courts consider themselves to be automatly increased from the number of seats required to comply with the provisions of the previous art igo.

Article 4.

Entry into force

This Law shall come into force on the day following that of its publication.

Assembly of the Republic, April 22, 2009

The Deputies,

JOÃO OLIVEIRA; ANTÓNIO FILIPE; BERNARDINO SOARES; MIGUEL TIAGO; JOSÉ SOEIRO; BRUNO DIAS; FRANCISCO LOPES; JERONIMO DE SOUSA