ASSEMBLY OF THE REPUBLIC

DRAFT LAW NO. 902 /X

Special recruitment courses for the Public Prosecutor's Office

EXHIBITION OF REASONS

In implementation of the "Reformation of the Judal Map" provided for in Law No. 52/2008, 28 of

August, came into operation, on the past April 14, by title

experimental, the pilot comarches of the Alentejo Litoral, Baixo-Vouga and Grande Lisboa

Northwest.

The enlargement of the "Reformation" to the entire national territory, as of August 2010,

is dependent on the assessment, which comes to be done, of the results obtained, as

it stems from Articles 187º, 3, and 172º of the said Act.

The concern, on the part of the Higher Council of the Public Prosecutor's Office, to contribute

for the success of the experiment, it implied that they were filled out all the places from the

tables of magistrates of the Public Prosecutor's Office in the new comarks.

The filling of such tables has compelled the appointment of 48 more magistrates, to

in addition to those already there to be able to perform duties, adding that in the sequence

of the last exceptional course of admission authorized by Law No. 1/2008, 14 of

January, 22 magistrates of the Public Prosecutor's Office have gone on to perform duties of Judges, the

final title or in commission of service, in the administrative and tax courts.

It is thus found that, in a reduced period of time, the Ministry's Magistrate

Public has suffered, in terms of herds, a total deficit of 70 magistrates, which if

has worsened due to the growing number of jubilation and retiming applications

anticipated by disability. It is therefore justified that a measure be taken

ASSEMBLY OF THE REPUBLIC

exceptional to allow, with the urgency that the situation imposes, to guarantee the

representation of the Public Prosecutor's Office along with all the courts and comarks of the Country.

The exceptional measure proposed aims to prescind from the " substitutes of prosecutors-

adjoining " and being able to apply, with a truly exceptional character, the regime of the

accumulations, preventing, therefore, that the increase in the expense resulting from such

measure is diminished.

Thus, the undersigned Deputies present to the Assembly of the Republic, in the

regimental and constitutional terms applicable the following

DRAFT LAW

Article 1º

Subject

The present diploma creates an instrument of management and aims to confer, to the Minister of

Justice and the Attorney General of the Republic, competences to supply situations

exceptional dementia of magistrates of the Public Prosecutor's Office.

Article 2.

Special training courses

1-Taking into account the exceptional reasons for the Charity of Magistrates, the Minister of

Justice, on a proposal from the Attorney General of the Republic, may determine that the

Center for Judicial Studies organize special training courses for

recruitment of magistrates of the Public Prosecutor's Office.

2-A the start date of the special training courses and the number of vacancies are set

by dispatch of the Minister of Justice.

ASSEMBLY OF THE REPUBLIC

3-In the order referred to in the preceding paragraph, the Minister of Justice authorizes the

opening of the concursal procedure of recruitment for admission to the courses

training special.

Article 3º

Admission requirements in the special courses

1-Special training courses are addressed to candidates who meet, by

descending order of preference, in one of the following situations and

hold the general entrance requirements in the initial training of magistrates:

a) Law graduates in the exercise of duties of proxy substitutes-

-adjunct, who have obtained approval in a ticket contest at the Centre

of Judicial Studies in the last 5 years;

b) Law graduates who have obtained approval in concourse of

admission to the Center for Judicial Studies held in the last 3 years and not

have been enabled for the ferquence of the subsequent initial training.

2-In the first year of the present diploma, the candidates already admitted to

training course of the Center for Judicial Studies not yet started will be able to opt

by the theoretical training course-practice or by the special course, preferring to the

candidates referred to in number 1.

Article 4º

Recruitment

1-The ticket in the special training courses takes place through concourse

public.

ASSEMBLY OF THE REPUBLIC

2-Compete to the Center for Judicial Studies to make publishing in the 2ª series of the Journal of the

Republic the notice of opening the contest, within no more than 30 days to be counted

of the date of the order of authorization referred to in paragraph 3 of Article 2º.

3-From the notice published in Journal of the Republic appear to be the

elements referred to in points (a), (b) and (d) to (g) of Law No. 2/2008 of January 14.

4-Applicants referred to in paragraph 1 (a) of Article 3º shall be holders of

positive assessment on its performance, validated by the Superior Council of the

Prosecutor's Office, preferring, successively, the most well-graduates in contests

of admission to the Center for Judicial Studies (CEJ) and, in the case of equal graduation, the

that they detain more service time provided as substitutes.

5-A The assessment on the performance referred to in the preceding paragraph is carried out

on the basis of information from the Prosecutors of the Coordinating Republic and

Prosecutors -- General Distritals, and if it is negative and confirmed by the Superior Council

of the Public Prosecutor's Office constitutes cause of exclusion from the contest.

6-In the case of applications referred to in point (b) of Article 3º (1), they prefer,

successively, the candidates with the highest degree in ticket contests at the CEJ

and, in case of equality, those who hold greater academic degree, preferring the most

old.

Article 5º

Jury

1-The jury of the contest is composed of a president, four actual vowels and two

alternates to be appointed by the Director of the Center for Judicial Studies, from among

magistrates of the prosecutor's office appointed by the Higher Council of the Ministry

Public and faculty magistrates of the Center for Judicial Studies.

ASSEMBLY OF THE REPUBLIC

2-Compete to the jury to ensure the tendering of the contest, from the date of its

designation until the drafting of the final and undergraduate ranking list.

3-Final and undergraduate ranking lists are approved by the Director of the

Center for Judicial Studies.

Article 6º

Training

1-Special training courses have as a fundamental objective the preparation

professional for the exercise of the functions of Magistrate of the Public Prosecutor's Office and

understand, compulsorily, a stage of theoretical training carried out in the

seat of the Center for Judicial Studies, and a ticket-stage, held in the

courts.

2-A The theoretical training comprises:

a) a 1º cycle, with the duration of six months, covering a formative component

general, a formative component of specialty and a professional component;

b) a 2º cycle with the duration of four months, mandatory for applicants

admitted to which they refer to paragraph 1 (b) and paragraph 2 of Article 3º.

3-A The general formative component comprises the following subjects:

a) Fundamental Rights and Constitutional Law;

b) Ethics and professional deontology;

(c) Methodology and judicial discourse;

e) Organisation and methods and management of the process;

ASSEMBLY OF THE REPUBLIC

f) Information and communication technologies, with relief for judicial practice.

4-A The formative component of specialty comprises the following subjects:

a) Criminal Investigation and Management of the Survey;

b) Legal Medicine and Forensic Sciences;

c) Judicial Psychology;

5-A The professional component comprises the following areas:

a) Criminal Law and Criminal Procedural Law;

b) substantive and procedural Contra-ordering law;

c) Civil Law, Commercial Law and Civil Procedural Law;

d) Right of the Family and Children;

e) substantive and procedural law of the Work and Law of the Company.

6-A The elaboration of the study plan of the theoretical-practical training phase competes in

director of the Center for Judicial Studies.

7-The entrance stage has the duration of four months, from the date of

appointment, and understands the exercise of functions inherent in the judgeship of the

Prosecutor's Office, with the respective rights, duties and incompatibilities.

Article 7º

Status, final classification and graduation

1. Applicants admitted to the special training courses in the terms of the present

diploma attend the phase of theoretical training with the status of auditor of

ASSEMBLY OF THE REPUBLIC

justice, by giving them applicable, with the necessary adaptations, the provisions of Law No.

2/2008, of January 14, on the statute, the disciplinary regime of auditors of

justice and the duty of permanence in the judgeship of the Public Prosecutor's Office.

2-For determination of the individual final classification and graduation in the phase of

theoretical-practical training, the following weighting is considered:

a) The final grade of the 1 ° cycle is worth 40% and that of the 2 th cycle is worth 60%, save in the case of the

the following point;

b) The final grade of the 1 ° cycle is worth 100% in the case of the admitted justice auditors

to the special course under Article 3 (1) (a).

Article 8º

Subsidiary regime

In anything that is not provided for in this Law shall apply the scheme of the Law No

2/2008, of January 14, with the necessary adaptations.

Article 9º

Antiquity

1-A seniority of the procuratorates-adjoined approved in the special regulated courses

by the present diploma is determined by the order established in the graduation lists

final of the respective theoretical phase-practice.

2-The deputy attorney with greater seniority assigned in the terms of the number

previous is positioned, on the list of seniority, to be followed by the magistrates graduated in

theoretical course-practical regulation governed by Law No. 2/2008 of January 14, which has

initiated on a date prior to that of the special course regulated by this diploma.

ASSEMBLY OF THE REPUBLIC

Article 10º

Final provisions

1-This diploma shall come into force on the day following that of its publication.

2-The scheme for the recruitment and training of magistrates provided for in the present

diploma has exceptional and transitional character, vigorous up to the day

of 2010.

Palace of S. Bento, July 17, 2009

The Deputies,