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ASSEMBLY of the REPUBLIC BILL No. 902/X special courses of recruitment for the Public Ministry EXPLANATORY MEMORANDUM On implementation of "reform of the Judicial Map" provided for in law No 52/2008 of 28 August, came into operation on 14 April, on an experimental basis, the comarcas in the Alentejo Litoral, low-Vouga and Lisbon. The enlargement of the "reform" the entire national territory, as of August 2010, is dependent on the assessment, which will be made, of the results obtained, as deriving from articles 187, paragraph 3, and 172 of the Act. The concern on the part of the Superior Council of public prosecutions, to contribute to the success of the experiment, meant that were filled in all places of public prosecutors in the new districts. Filling timesheets has forced the appointment of more judges, in addition to the 48 who were there to serve, adding that following the last exceptional course admission authorized by law No. 1/2008 of January 14, 22 prosecutors spent exercising functions of judges, outright or on Commission Administrative and tax courts. Notes that, in a reduced period of time, the Magistracy of the public prosecution service has suffered, in terms of manpower, a total deficit of 70 magistrates, which worsened due to the increasing number of applications for retirement and early retirement for disability. It is appropriate, therefore, that an ASSEMBLY of exceptional measure that allows, with the urgency that the situation imposes, ensure the representation of the Public Ministry with all courts and judicial districts of the country. The exceptional measure proposal aims to dispense with the "Deputy Prosecutors substitutes" and be able to apply, with truly exceptional character, the regime of accumulation, and, therefore, that increased expense resulting from such measure is small. Thus, the undersigned Members submit to the Assembly of the Republic, in accordance with the rules and applicable the following DRAFT constitutional LAW article 1 subject-matter this Decree-Law creates a management instrument and visa check, the Minister of Justice and Attorney General of the Republic, skills to address exceptional situations of shortage of prosecutors. Article 2 special training Courses 1 — taking into account the exceptional reasons of lack of judges, the Minister of Justice, on a proposal from the Attorney General of the Republic may provide that the Judicial Studies Center organize special training courses for the recruitment of prosecutors. 2 — the start date of the special training courses and the number of slots are fixed by order of the Minister of Justice.
ASSEMBLY of the REPUBLIC 3 – in the order referred to in the preceding paragraph, the Minister of Justice authorises the opening of bankruptcy procedure of recruitment for admission in special training courses. Article 3 admission requirements in special courses 1 — The special training courses are targeted at candidates who are, in descending order of preference, in one of the situations listed below and keep the General requirements for entry into the initial training of magistrates: Licensed in law in the exercise) of functions of Deputy Prosecutor substitutes, which have obtained approval in ticket contest in the Centre of Judicial Studies in the last 5 years; b) graduates in Law who have obtained approval in ticket contest in Central Judicial Studies carried out over the past 3 years and have not been enabled for the ferquência of initial formation. 2-in the first year of validity of the present law, applicants already admitted the course of formation of the Judicial Studies Center has not yet started can opt for the theoretical-practical training course or by special course, preferring to applicants referred to in paragraph 1. Article 4 1 Recruitment — the ticket in special training courses shall take place through public tender.
ASSEMBLY of the REPUBLIC 2 – it is incumbent upon the Judicial Studies Center do publish on the second series of the Diário da República the notice of calling for competition, in period not exceeding 30 days from the date of the order of authorization referred to in paragraph 3 of article 2. 3 — The notice published in the Gazette set out the mandatory elements referred to in (a)), b) and d) to (g)) of law No. 2/2008, of 14 January. 4 – the candidates referred to in point (a)) of paragraph 1 of article 3 must be in possession of positive assessment about your performance, validated by the Board of Governors of the Public Ministry, preferring, in turn, the best graduates in ticket contests in the Judicial Studies Centre (CEJ) and, in case of equal degree, those who hold more service time as replacements. 5 – performance assessment referred to in the preceding paragraph is carried out based on information from public prosecutors engineers and attorneys-general, District and if is negative and confirmed by the Board of Governors of the Public Ministry is cause of exclusion of the contest. 6-in the case of the applications referred to in point (b)) paragraph 1 of article 3, prefer, successively, the candidates with the highest degree in the EYC contests and, in case of equality, the holding greater degree, preferring the older. Article 5 1 – Jury the jury of the competition consists of a Chairman, four other members and two alternates appointed by the Director of the Centre for Judicial Studies, between public prosecutors appointed by the Superior Council of public prosecutors and magistrates teachers the Judicial Studies Center.
ASSEMBLY OF THE REPUBLIC
2-it is for the jury to ensure the conduct of the contest, since the date of your appointment to the drawing up of the list of final scores and graduation. 3-the lists of final scores and graduation are approved by the Director of the Centre for Judicial Studies. Article 6 1 — Training The special training courses are designed for the professional preparation for the exercise of the functions of public prosecutor and comprise, a phase of theoretical-practical training held at the headquarters of the Centre for Judicial Studies, and a ticket, carried out in the courts. 2 — the theoretical-practical training shall include: a) a 1st cycle, with a duration of six months, including a training component, training component and a professional component; b) a 2nd cycle with a duration of four months, mandatory for applicants admitted referred to in subparagraph (b)) paragraph 1 and paragraph 2 of article 3. 3-the General formative component comprises the following subjects: the) fundamental rights and constitutional law; b) ethics and professional ethics; c) methodology and legal discourse; and) Organization and methods and process management;
ASSEMBLY of the REPUBLIC f) information and communication technologies, with emphasis on judicial practice. 4-the formative component of specialty comprises the following subjects: the) criminal investigation and Inquiry management; b) Legal Medicine and forensic sciences; c) Judicial Psychology; 5-the professional component comprises the following areas: the) criminal law and criminal procedural law; b) Contra-ordenacional substantive and procedural law; c) Civil law, Civil procedure law and commercial law; d) family law and children; and substantive and procedural Law) of labour and Company Law. 6 — the elaboration of the study plan of the theoretical-practical training rests with the director of the Centre for Judicial Studies. 7 — the ticket lasts for four months from the date of appointment, and comprises the Office of the public prosecutor, courts, with their rights, duties and incompatibilities. Article 7 Status, and undergraduate final classification 1. The candidates admitted to the special training courses in accordance with this diploma attend theoretical and practical training phase with the status of auditor of PARLIAMENT justice, being them apply, with any necessary adaptations, the provisions of law No. 2/2008, of 14 January on the status, the disciplinary regime of the Auditors and the on-call duty in the Magistracy of the Public Ministry. 2-to determine the final ranking and in theoretical-practical training phase, it is weighted as follows: final classification 1) cycle is worth 40% and 60% 2nd Valley cycle, except in the case of point (a); (b) final classification 1) cycle is worth 100% in the case of Auditors of Justice admitted to special course under) of paragraph 1 of article 3. Article 8 subsidiary Regime In everything that is not provided for in this law shall apply the regime of law No. 2/2008, of January 14, with the necessary adaptations. Article 9-1 Antique antiquity of Deputy Attorneys adopted in special courses regulated by the present law is determined by the established order in the lists of final graduation from its theoretical-practical phase. 2-the Deputy Prosecutor with the longest service assigned pursuant to paragraph 1 is placed in the list of antiquity after the magistrates graduated in theoretical-practical course regulated by law No. 2/2008, 14 January, having started earlier to the special course regulated by this decree-law.
ASSEMBLY of the REPUBLIC article 10 final provisions 1 — the present law shall enter into force on the day following your publication. 2 — the system of recruitment and training of judges provided for in this Decree-Law has an exceptional and transitional, in effect until 31 December 2010.
Palácio de s. Bento, 17 July 2009 Members,
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