Twelfth Amendment To Law No. 21/85 Of 30 July (Statute Of Judicial Magistrates), And Eighth Amendment To Act No. 47/86 Of 15 October (Statute Of The Public Prosecutor's Office), In Order To Confer Upon The Judges Entitled To Subsistence Allowance Cust
Original Language Title: Décima segunda alteração à Lei n.º 21/85, de 30 de Julho (Estatuto dos Magistrados Judiciais), e oitava alteração à Lei n.º 47/86, de 15 de Outubro (Estatuto do Ministério Público), no sentido de conferir aos magistrados direito ao abono de ajudas de cust
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1 DRAFT law No. 716/X/4th GIVES the JUDGES ENTITLED to SUBSISTENCE ALLOWANCE and transport to the frequency in CONTINUOUS TRAINING the explanatory memorandum to the law No. 2/2008, 14 January, introduced important changes to the rules of admission in the Clocktower and training of magistrates, as well as with regard to the structure and functioning of the Centre for Judicial Studies.
One of the stakes of this law was in the permanent training of the various judiciaries, through continuous training, including specialized training courses, which are taken into account in the assessment of your work performance, placement in specialised courts and in career progression.
In spite of this bet, the law No. 2/2008, 14 January, not guaranteed to judges their recipients the means indispensable so that they could join the continuous training that they have the right and the duty to participate.
Indeed, it was by warn the costs of travel to these training activities, which in some cases – see the example of a magistrate placed in one of the autonomous regions to move to the Mainland – unaffordable spending matter with travel and hotel stays.
2 Now, as are due allowances where a magistrate goes in service out of the district in which based its Court (cfr. Article 27 of the Statute of judicial magistrates), must also be allocated allowances for the magistrate's participation in ongoing training activities whenever these involve movement out of the region in which is placed.
The same applies with regard to travel expenses between the Mainland and the autonomous regions at the time of placement, transfer or promotion of the magistrate (cfr. Article 26 of the Statute of judicial magistrates) who, for reasons of identity, must also be due to the magistrates placed in the autonomous regions to move to the Portuguese continent for the frequency in continuous training.
Therefore, we propose to amend Law No. 2/2008, by adding standard that assign judges entitled to subsistence allowance and transport to the frequency in continuous training.
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 amendment to law No. 2/2008, of January 14 is added to law No. 2/2008, 14 January, a new article 74-A, as follows: "article 74-the per diems and travel expenses 3 1-the participation of judges in training actions arising out the area where they are placed gives them the right to subsistence allowance, in accordance with the law. 2-the magistrates placed in the autonomous regions to move to the Portuguese continent for the frequency in continuous training are still entitled to a refund if you don't opt for receiving anticipated expenditure arising out of the use of air transport. "
Article 2 entry into force this law enters into force on 1 January 2010.
São bento Palace, April 1 2009 The members of PSD,
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