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DRAFT LAW NO. 716 /X/4.

GIVES TO MAGISTRATES RIGHT TO THE ALLOWANCE OF AID OF

COST AND TRANSPORT FOR THE FREQUENCY IN SHARES OF

CONTINUING EDUCATION

Exhibition of reasons

Law No. 2/2008 of January 14, introduced important amendments to the rules

of admission to magistrates and magistrates ' training, as well as in the

concerning the structure and functioning of the Center for Judicial Studies.

One of the stakes of this law was in the permanent formation of the various

magistratures, through continuous training actions, which include courses of

specialized training, which are taken into account in the evaluation of your

professional performance, in the placement in the courts of competence

specialized and in the progression of the career.

Despite this bet, Law No. 2/2008 of January 14, did not guarantee the

magistrates their recipients the indispensable means so they could

join the continuing education actions to which they have the right and the duty to

participate.

In effect, it was by acauteling the costs arising from the displacements to those

training actions, which in some cases-see the example of a magistrate

placed in one of the Autonomous Regions that has to be shifting to the mainland

-they import unfettable spending with travel and stays.

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Ora, just as they are due to cost aids whenever a magistrate is

desloach in service out of the comarch where to find headquartered the

respective court (cfr. article 27º of the Statute of Judicial Magistrates),

also to be assigned cost aids by the participation of the magistrate

in continuing trainings whenever these entail displacement

out of the comarch in which you find yourself placed.

The same is said in relation to travel expenses between the continent

and the Autonomous Regions when placing, transferring or promoting the

magistrate (cfr. article 26º of the Statute of Judicial Magistrates), which, by

identity of reasons, should also be due to the magistrates placed

in the Autonomous Regions lofing off the Portuguese continent for the

frequency in continuing education actions.

Therefore, we propose to amend the Law No. 2/2008, by adopting the standard it ascribe to the

magistrates right to the allowance of cost and transport aids for the

frequency in continuing education actions.

So, in the applicable constitutional and regimental terms, the Deputies

the undersigned, of the Parliamentary Group of the Social Democratic Party,

present the following draft law:

Article 1º

Amendment to Law No. 2/2008 of January 14

It is added to Law No. 2/2008 of January 14, a new Article 74º-A, with the

following wording:

" Article 74º-A

Cost aid and travel expenses

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1-A participation of magistrates in continuing education actions taking place outside

of the comarch where they find themselves placed giving them the right to allowance of aid from

cost, in the terms of the law.

2-The magistrates placed in the Autonomous Regions lofty to the mainland

portuguese for the frequency in continuing education actions are still entitled to the

reimbursement, if they do not opt for the advance receipt, of the expenses resulting from the

use of air transport. "

Article 2º

Entry into force

This Law shall come into force on the January 1, 2010.

Palace of Saint benedict, April 1, 2009

The Deputies of the PSD,