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DRAFT LAW N° 902/Â X Special Courses recruitment REPUBLIC ASSEMBLY PUBLIC pair DRAFT law Â° 902/X special courses of recruitment to the Ministry public EXHIBITIONS the STATEMENT is executing the â reform of the Map is rioâ Judicial under the law nº 52/2008 , 28 August, came into operation on 14 April, the experimental label, the pilot counties of the Alentejo Litoral, low-Vouga and Lisbon. The enlargement of the Reformaâ â the whole territory by ³ National River, from August 2010, is dependent on the valuation, which will be made, of the results obtained, as deriving from articles 187Â, Nr 3, and paragraph of that Act 172Â. The concern on the part of the High Council of the Public Ministry, to contribute to the success of the experiment, meant that they were filled all the seats of the magistrates of the Public Ministry in the new districts. Filling timesheets has forced is the naming of over 48 judges, apart from that there were already exercising µ s function, adding that following the last exceptional course of entry authorized by Law nº 1/2008 of January 14, 22 magistrates of the Public Ministry passed the exercise function of µ JuÃ zes , the definitive title or in Committee service, administrative and tax courts. Notes that, in a reduced period of time perÃ, the magistrates of the Public Ministry suffered, in terms of manpower, a dÃ © fice total 70 magistrates, which worsened due to the increasing number of requests for jubilaÃ and of the aposentaÃ advance for inability. It is appropriate, therefore, that is a measure of the exceptional PUBLIC ASSEMBLY that allows, with the urgÃ that the situation imposes and µ, ensure the representation of the Ministry public next to all courts and judicial districts of PaÃ s. The exceptional measure proposal aims to dispense with the â attorneys adjuntosâ substitutes and be able to apply, with truly exceptional nature character, the system of acumulaÃ of µ s, and it is expected that the increased expense resulting from such measure is small. Thus, the undersigned Members present is the Assembly of the Republic, in accordance with the rules and applicable the following constitutional DRAFT LAW Article 1 Subject this Decree-Law creates a management instrument and seeks to confer on the Minister of Justice and Attorney General of the Republic, competence for supply situation exceptional µ s character of the magistrates of the Public Ministry. Article 2. Â° special courses of formation 1 â taking into account the exceptional µ g/l of character of magistrates, the Minister of Justice, on a proposal from the Attorney General of the Republic, may determine that the Judicial Studies Center will organize special courses of formation for the recruitment of magistrates of the Public Ministry. 2 â the date of numerous heat of special courses of training and the number of slots are fixed by order of the Minister of Justice.
ASSEMBLY of the REPUBLIC 3 â in the order referred to in the previous number, the Minister of Justice authorises the opening of bankruptcy procedure of recruitment for admission in special courses of formation the article 3rd Entry Requirements in special courses 1 â The special training courses are targeted at candidates who are in descending order of preference, in one of the situations µ s listed below and keep the General requirements for entry into the initial training of magistrates: Licensed in law in exercÃ) cio µ s role of Deputy Prosecutor surrogates, who have obtained approval in ticket contest in several Judicial Studies Centre in the last 5 years; b) graduates in Law who have obtained approval in ticket contest in the Centre of Judicial Studies are carried out in the last 3 years and have not been enabled for the ferquÃ of the initial training. 2 â in the first year of the entire duration of the present law, applicants already admitted the course of formation of the Judicial Studies Center will not yet started will be able to opt for the course of theoretical formation ³ Rico-practice or by special course, preferring to applicants referred to in number 1. Article 4th 1 â Recruitment admission in special courses of formation is carried out through public tender.
ASSEMBLY of the REPUBLIC 2 â the Judicial Studies Center will do publish on 2âª series of diary of the Republic the notice of calling for competition, in a period not exceeding 30 days from the date of the order of authorization referred to in article 3 Nr 2nd. 3 â Of notice published in Journal of the Republic set out mandatory items in neas a), b) and d) to (g)) of the Law Nr 2/2008, of 14 January. 4 â candidates referred to in the paragraph handle nea). Â° article 1 3rd must be in possession of positive valuation on your performance, validated by the Board of Governors of the Public Ministry, preferring, successively, the best graduates in entering the Judicial Studies Centre (CEJ) and, in case of equal graduaÃ of the those who hold more service time provided as replacements. 5 â the valuation on the performance referred to in the previous number is carried out based on information of the Prosecutors of the Republic 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 nea b) Nr 1 of article 3rd, prefer candidates with successively greater graduaÃ in ticket contests in the CEJ and, in case of equality, the highest academic degree holding ©, preferring the older. Article 5Â° jury 1 â 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, of magistrates of the Public Ministry indicated by the Board of Governors of the Ministry public and magistrates teachers the Judicial Studies Center.
ASSEMBLY of the REPUBLIC
2 â it is for the jury to ensure the tramitaÃ of the contest, since the date of your those of until is drawing up the list of classification and graduaÃ. 3 â lists of classification and the graduaÃ are approved by the Director of the Centre for Judicial Studies. Article 6Â° formation 1 â special courses of formation have as main objective the professional preparation for the exercÃ heat of µ s role of magistrate of the Ministry public and understand, a phase of theoretical formation ³ Rico-practice held at the headquarters of the Centre for Judicial Studies, and a stage of admission held in the courts. 2 â the target formation ³ Rico-practice comprises: 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 River ³ referred to in nea b) Nr 1 and Nr 2 article 3rd. 3 â the General formative component comprises the following matter: the) fundamental rights and constitutional law; b) is and professional ethics; c) methodology and several judicial discourse; and) Organization and methods and process management;
ASSEMBLY of the REPUBLIC PUBLIC f) technologies of information and communication, with emphasis on judicial practice. 4-the formative component of specialty comprises the following matter: a) the criminal investigation and management of survey; b) forensic medicine and Forensic Sciences; (c)), Judicial Psychology; 5 â 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) right of the Family and of children; and substantive and procedural Law) of labour and Company Law. 6 â the drafting of the study plan of the target formation ³ Rico-practice for the director of the Centre for Judicial Studies. 7 â the stage of ticket has the duration of four months, from the date of naming, and comprises the cio role exercÃ µ s inherent is judges of the Public Ministry, with the respective rights, duties and incompatibilities. Article 7° Statute, final classification and the graduaÃ 1. The candidates admitted to the special courses of training under this diploma attend the training phase the theoretical ³ Rico-practice with the status of auditor of the ASSEMBLY of the REPUBLIC REPUBLIC justice, being them apply, with the necessary adaptation µ, the provisions of Law Nr 2/2008, of 14 January on the status , the disciplinary regime of the Auditors of Justice and the duty of the permanÃ in the Magistracy of the Public Ministry. 2 â For determination of final classification and graduaÃ in phase of theoretical formation ³ Rico-practice, considered the following weighting: a) the rank 1. º final Valley cycle 40% and 2.60% Valley cycle, unless in nea following; (b)) the classification final of 1. º Valley cycle 100% in the case of Auditors of Justice admitted to special course under in nea) n. º 1 article 3 Â. Â. Article 8Â° subsidiary Regime in everything that is not provided for in this law is applicable the Law Nr 2/2008, of January 14, with the necessary adaptation µ s. Article 1-paragraph 9Â Seniority seniority of Deputy Attorneys adopted in special courses regulated by the present law is determined by the established order in the lists of the graduaÃ end of the respective phase ³ Rico-target practice. 2-the Deputy Prosecutor with the longest service assign the in accordance with the previous number is positioned in the list of antiquity after the magistrates graduated in theoretical ³ Rico course-practical regulated by Law Nr 2/2008, 14 January, having started earlier is the special course regulated by this decree-law.
ASSEMBLY of the REPUBLIC Article 10° wrapping final 1 µ â the present law shall enter into force on the day following your publication. 2 â the system of recruitment and training of judges provided for in this Decree-Law has exceptional nature and transient character ³ River, in effect until the day December 31 2010.
Potala s. Benedict, 17 July 2009 Members,
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