CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 45 /XI/2.

1

Exhibition of Motives

This proposed Act amends the Statutes of Judicial Magistrates and the Ministry

Public in respect of retirement, reform and jubilation, defines the conditions for allocation

of the fastening supplement, creates the function supplement, changes the replacement schemes and

accumulation and adheres to budget incidence standards.

The amendments made to the Statutes of Judicial Magistrates and the Public Prosecutor's Office

frame themselves in a policy of adopting common fiscal consolidation measures,

with a view to achieving the commitments made by the Government on the reduction of the

public deficit, equitably restrain the efforts to be carried out. The definition of the new

conditions and criteria in respect of retirement and the enabling standards for reduction

remunerative and prohibition of remunerative valuations of judicial magistrates and of the

Prosecutor's Office to continue national line of financial recovery effort

introduced by the State Budget for 2011, which covers, to the same extent, the whole

Public administration and the holders of organs of sovereignty.

So, first of all, a function supplement is adopted subject to taxation in

Income Tax headquarters of Singular People (IRS), which replaces the current

compensation allowance, which was not taxed at that headquarters. The amount of this supplement

is set by the members of the Government responsible for the areas of justice and finance and

takes into account the updating of the remunerations of the holders of organs of sovereignty. Note-

if, that the value of the new function supplement will be identical to the value of the extinct allowance of

compensation in force on December 31, 2010, but on it will focus on taxation in

seat of IRS.

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Proposal for Law No. 45 /XI/2.

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The supplement of function is due to all magistrates, attending to the reality of their

professional condition. The Judicial Magistrates or the Public Prosecutor's Office are practically

the only servers of the state that are strictly in exclusivity regime, have the

career reduced to a limited number of categories (Judge of 1 th instance and Judge

Disembarker, Judge Counsellor / Deputy Attorney, Prosecutor of the Republic and

Deputy Attorney General) and have no working hours, being permanently

available.

On the other hand, the experience of the application of the current compensation allowance, recommends the

adoption of a new perspective, which is now concretising. The generalization of the

compensation has been evidencing the drop in disuse of the old originary option that

bound the State to put at the disposal of the magistrates, during the exercise of their

function, house of furnished housing, upon payment of a contraption

monthly, to be set by the Minister of Justice, of an amount not exceeding one tenth of the total

respective remunerations. The development of the housing market left without

practical expression relevant the function houses of this former model, which has sold out. Such

houses are not even desired by prospective tenants (today lower than 30), nor if

frame in the role that the state should play today.

In the same sense, also the abundant jurisprudence on the legal nature of the

compensation allowance, from which it stems from your non-taxation at IRS headquarters, advises the

adoption of this new perspective.

Second, the revision of statutory legislation aims to clarify what the fundamentals and

the conditions of reform, retiming and jubilation of judicial magistrates and the Ministry

Public, adapting them to the evolution of the Status of Aposentation for the generality of the

underwriters of the civil service, without prejudice to the specificities justifying a

own treatment.

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Proposal for Law No. 45 /XI/2.

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In addition, it is updated, in the terms of the Status of Representation, the calculation formula of the

pension of retired magistrates or retired magistrates.

The described changes on the conditions of retirement, retirement and jubilation

safeguard the treatment constitutionally due to the magistrates who already benefit

of that status.

Third, the regime of replacement and accumulation of functions of the

magistrates, in such a way as to rationalize their use.

Thus, for the case of judicial magistrates, the determination for the accumulation of functions

it is only possible when the functions are exercised in more than one judgement or in more than

a court, albeit of a different circumscription. In the case of the magistrates of the Ministry

Public, authorization for the accumulation of functions is only possible when the service is

carried out in another department, comarch or together with another court. It thus avoids the

accumulation of functions between different judgements and balconies of the same court.

Authorizations for the accumulation of functions shall become subject to the demonstration of the

concrete reasons that determined the need for accumulation and the weighting of the

needs of the service, procedural volume and existing solutions.

The remuneration for the exercise of functions in accumulation arrangements shall pass

as a minimum threshold one fifth and maximum limit three fifths of the judge's salary or the

magistrate when, until now, they had as their maximum limit five fifths of their

maturity.

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Proposal for Law No. 45 /XI/2.

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Finally, in the chapter of the transitional and final provisions of this Law are added to the

Statutes of Judicial Magistrates and the Public Prosecutor's Office the standards of incidence

budget. In this way, the salary of the magistrates is expected to be subject to the

remunerative reduction and the prohibition of remunerative valuations in the terms provided for

in the Act approving the State Budget for 2011. It is further expected that the reductions

relating to the cost aids are applied to the magistrates.

The proposed schemes thus respect such relevant principles as those of the

proportionality, safety and trust and coadunate entirely with the standards

recommended by the Council of Europe, in a balanced way, without generating privileges

statutaries. The remunerative status of the magistrates suits the requirements and

responsibilities of the function they play in a rule of law.

The procedures stemming from Law No. 23/98 of May 26 were observed.

The Higher Council of the Magistrature was heard, the Higher Council of the Ministry

Public, the Superior Council of Administrative and Fiscal Tribunals and the Commission

Permanent of the Court of Auditors.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Chapter I

General provisions

Article 1.

Subject

This Law amends the current wording of the Statute of Judicial Magistrates, approved

by Law No. 21/85 of July 30 and the Statute of the Public Prosecutor's Office, passed by the Law

n ° 47/86 of October 15 in the following areas:

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Proposal for Law No. 45 /XI/2.

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a) Regime of the fastening supplement;

b) Scheme of the new function supplement, which replaces the allowance of

compensation;

c) Retirement, reform and jubilation, adapting the statutes to the principles of Law

n. 60/2005, of December 29, and of the Decree-Law No. 229/2005, 29 of

December;

d) Rules applicable to substitutions and accumulations;

e) Statutory habilitation for application to the magistrates of reductions

remunerative and prohibition of remunerative valuations.

Chapter II

Amendment to the Statute of Judicial Magistrates

Article 2.

Amendment to Law No. 21/85 of July 30

Articles 24, 29 and 64 to 69 of the Statute of Judicial Magistrates passed by the Law

n ° 21/85 of July 30, as amended by Decree-Law No. 342/88 of September 28 by the

Law No. 2/90 of January 20 by Law No. 10/94 of May 5, by Law No. 44/96, 3 of

September, by Law No. 81/98, of December 3, by Law No. 143/99 of August 31,

by Law No. 3-B/2000 of April 4 by Law No. 42/2005 of August 29 by the Law

n ° 52/2008 of August 28 by Law No. 63/2008 of November 18 and by the Law

n ° 37/2009 of July 20, shall be replaced by the following:

" Article 24.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 45 /XI/2.

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Fastening supplement

1-The members of the Government responsible for the area of justice and finance

may determine the assignment of a fixation supplement to the

judicial magistrates who carry out functions in the Autonomous Regions and not

have at that place of their own at the time of appointment.

2-The amount of the supplement referred to in the preceding paragraph shall be fixed

the Superior Council of the Magistrature and the representative organizations of the

magistrates.

3-The amount of the supplement provided for in this article is taxed in

Headquarters of Income Tax on Singular People's Income.

Article 29.

Supplement of function

1-Magistrates are entitled to a supplement of function, fixed by the

members of the Government responsible for the areas of justice and finance,

taking into consideration the updating of the remunerations of the holders of

organs of sovereignty.

2-The supplement is fixed ears the Superior Council of Magistrature and the

representative organisations of the magistrates.

3-The supplement does not release for the purposes of discounts for jubilation or

retirement.

4-The amount of the supplement provided for in this article is taxed in

Headquarters of Income Tax on Singular People's Income.

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Proposal for Law No. 45 /XI/2.

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5-For the purposes of Law No. 2/90 of January 20, the amount of the supplement

is not encompassed in the income of the magistrates.

6-The supplement cannot be assigned during the exercise of duties

public of a non-judicial character, unless these, by legal imposition,

should be performed by magistrate.

Article 64.

Retirement or reform the application

Applications for retirement or retirement are sent to the Board

Top of the Magistrature, which refers them to the Social Security Institution

competent to assign it.

Article 65.

Disability

1-Are retirees for disability or disability retirees

judicial magistrates who, by debility or numbness of the

physical or intellectual faculties, manifested in the exercise of the function, not

be able to continue in this without serious disorder of the justice or the respective

services.

2-The magistrates who find themselves in the situation referred to in the preceding paragraph

are notified to, within 30 days:

a) Require retirement or retirement; or

b) To submit, in writing, the observations they have by

convenient.

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Proposal for Law No. 45 /XI/2.

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3-[...].

4-[...].

Article 66.

Pension for disability

The retired magistrate for disability or disability restrained

right to which the pension is calculated based on the time of service

corresponding to a full career.

Article 67.

[...]

1-Considerate jubilation of judicial magistrates retiring or

reform on non-disciplinary grounds, with age and time of service

provided for in Annex II to this Law and provided that they contain at least 25

years of service in the judgeship, of which the last five have been

delivered uninterruptedly in the run-up to jubilation, except if

the period of interruption is motivated by health reasons or if it elapsed from

exercise of public functions that legally should be performed by

magistrate.

2-[...].

3-[...].

4-[...].

5-The jubilant judicial magistrates shall apply the provisions of the provisions of the a ) a g ) from the

n Article 17 (1) and 5 (1) and Article 29 (1).

6-A pension is calculated as a function of all remunerations on which

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Proposal for Law No. 45 /XI/2.

9

has focused on the respective discount, not the net pension of the magistrate

jubilant judicial being superior to the remuneration of the judge in the category asset

identical, net of the quota for retirement and pension of survival in the

scope of the General Box Office of Retirements.

7-The pensions of the jubilant magistrates are automatically updated by

indexation to remunerations, deduced from the share of the quota for

retirement and pension of survival under the General Box regime

of Retirees, of the corresponding category magistrates and ranking

to those in which the jubilation occurs.

8-Until definitive liquidation, the jubilant judicial magistrates are entitled to the

provisional pension allowance, calculated and abated in the legal terms by the

apportionment distribution.

9-Jubilate judicial magistrates are required to reserve required reservation

by his condition.

10-The status of jubilate may be withdrawn by way of disciplinary procedure.

11-Judged counsellors appointed under the terms of paragraph 3 are entitled,

regardless of the area of residence, the cost aid on the terms

set out in Article 27 (2), provided that the displacement is done in the exercise of

functions that are entrusted to them.

12-Judicial magistrates may make declaration of renunciation of the condition of

juiced, becoming subject in such a case to the general regime of public retirement.

13-To the judges not from the magistrate and the magistrates with

more than 40 years of age at the beginning of their duties shall not apply the

requirement of 25 years of service time in the magistrate provided for in paragraph 1.

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Proposal for Law No. 45 /XI/2.

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Article 68.

Retirement or retirement

The pension of retirement or retirement of retired magistrates or

retirees is calculated on the basis of the following formula:

R x T1 / C, where

R is the relevant monthly remuneration pursuant to the Statute of the

Retiming, deducted from the percentage of the quota for retirement and

survivor pension within the framework of the General Box regime of

Retirees;

T1 is the expression in years of the number of months of service, with the limit

maximum C; and

C is the constant number in Annex III.

Article 69.

Subsidiary regime

Matters not expressly regulated in this Statute,

in particular the conditions for the retirement of judicial magistrates and the

pension system in which they must be enrolled, are governed by what if

find established for the civil service, particularly in the Statute of the

Retirement, in Law No. 60/2005, of December 29, in Law No. 52/2007, of

August 31, in Law No. 11/2008, of February 20, and in Law No. 3-B/2010,

of April 28. "

Article 3.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 45 /XI/2.

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Addition to Law No. 21/85 of July 30

1-Annex II is added to Law No 21/85 of July 30, of which it is an integral part, with the

following wording:

" Annex II

(as referred to in Article 67 (1))

As of January 1, 2011: 60 years and six months of age and 36 years and six months of

service (36, to 5).

As of January 1, 2012: 61 years of age and 37 years of service (37).

As of January 1, 2013: 61 years and six months of age and 37 years and six months of

service (37, to 5).

As of January 1, 2014: 62 years of age and 38 years of service (38).

As of January 1, 2015: 62 years and six months of age and 38 years and six months of

service (38, to 5).

As of January 1, 2016: 63 years of age and 39 years of service (39).

As of January 1, 2017: 63 years and six months of age and 39 years and six months of

service (39, to 5).

As of January 1, 2018: 64 years of age and 40 years of service (40).

As of January 1, 2019: 64 years and six months of age and 40 years of service (40).

2020 and following 65 years of age and 40 years of service (40).

2-Annex III is added to Law No 21/85 of July 30, of which it is an integral part, with

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Proposal for Law No. 45 /XI/2.

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the following:

" Annex III

(referred to in Article 68)

Year service time

2011 to 38 years and 6 months of service

(38, to 5)

2012 to 39 years of service (39)

2013 to 39 years and 6 months of service

(39, to 5)

2014 and following 40 years of service (40)

"

Chapter III

Amendment to the Statute of the Public Prosecutor

Article 4.

Amendment to Law No. 47/86 of October 15

Articles 97, 102 and 145 to 150 of the Statute of the Public Prosecutor's Office, passed by the Law

no 47/86 of October 15, as amended by the Laws No 2/90 of January 20, para. 23/92, of

August 20, para. 33-A/96, August 26, paragraph 60/98, August 27, para. 42/2005, of

August 29, paragraph 67/2007, of December 31, para. 52/2008, August 28 and para.

37/2009, of July 20, shall be replaced by the following:

" Article 97.

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Proposal for Law No. 45 /XI/2.

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Fastening supplement

1-The members of the Government responsible for the areas of justice and the

finance may determine the allocation of a fixation supplement to the

magistrates of the Public Prosecutor's Office who exercise roles in the Regions

Autonomous and do not have a house of their own at that location at the time of

appointment.

2-The amount of the supplement referred to in the preceding paragraph shall be fixed, ears

the Higher Council of the Public Prosecutor's Office and the organizations

representative of the magistrates.

3-The amount of the supplement provided for in this article is taxed in

Headquarters of the Income of People.

Article 102.

Supplement of function

1-Magistrates are entitled to a supplement of function, fixed by the

members of the Government responsible for the areas of justice and finance,

taking into consideration the updating of the remunerations of the holders of

organs of sovereignty.

2-The supplement is fixed heard the Higher Council of the Ministry

Public and the representative organisations of the magistrates.

3-The supplement does not release for the purposes of discounts for jubilation or

retirement.

4-The amount of the supplement provided for in this article is taxed in

Headquarters of Income Tax on Singular People's Income.

5-For the purposes of Law No 2/90 of January 20, the amount of the

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Proposal for Law No. 45 /XI/2.

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supplement is not encompassed in the income of magistrates.

6-The supplement cannot be assigned during the exercise of duties

public of a non-judicial character, unless these, by legal imposition,

should be performed by magistrate.

Article 145.

Retirement or reform the application

Applications for retirement or retirement are sent to the

Prosecutor-General of the Republic, who referred them to the security institution

relevant social media to assign it.

Article 146.

Disability

1-Are retirees for disability or disability retirees

magistrates who, by the weakness or numbness of physical faculties

or intellectuals, manifested in the exercise of the function, cannot

continue in this without serious disorder of the justice or the respective

services.

2-The magistrates who find themselves in the situation referred to in the preceding paragraph

are notified to, within 30 days:

a) Require retirement or retirement; or

b) To submit, in writing, the observations they have by

convenient.

3-[...].

4-[...].

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Article 147.

Pension for disability

The retired magistrate for disability or disability restrained

right to which the pension is calculated based on the time of service

corresponding to a full career.

Article 148.

Jubilation

1-Considerate jubilation of the magistrates of the Public Prosecutor's Office that if

retire or retire, on non-disciplinary grounds, with age and

time of service provided for in Annex II to this Law and provided that

count at least 25 years of service in the judgeship, of which the

last five have been provided uninterruptedly in the period that

preceded the jubilation, except if the period of interruption is motivated

for health reasons or if taking exercise of public functions which

legally should be performed by magistrate.

2-The Superior Council of the Public Prosecutor's Office may, by exceptional title and

for thoughtful reasons of service, appoint Deputy Attorneys General

jubilated for the exercise of duties in the Attorney General of the Republic.

3-A The appointment is carried out in service commission for the period of one year,

renewable for equal periods, from among magistrates of the Ministry of Pudic

that for the effect manifests availability.

4-The jubilant magistrates appointed in the terms of the previous figures

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they retain all rights and remain subject to the obligations laid down in the

this article and in Article 149º, having a right to cost aid, provided that

the displacement will take place in the exercise of functions entrusted to them, in

conditions identical to those laid down in Article 67 (11) of Law No 21/85,

of July 30.

5-The jubilant magistrates shall apply for the provisions of paragraphs 1 and 2 of the article

95 and in the paragraphs a ), b ), c ), and ), g) and h ) of paragraph 1, and in Article 107 (2),

as well as in Article 102 (1).

6-A pension is calculated as a function of all remunerations on which

has focused on the respective discount, not the net pension of the

jubilant magistrate to be superior to the remuneration of the magistrate in the asset

of identical category, net of the quota for retirement and pension of

survival under the scheme of the General Box of Retirees

7-The pensions of jubilant magistrates are automatically updated

by indexing to the remunerations, deduced from the percentage of the quota for

retirement and survivability pension within the framework of the Cash scheme

General of Retirements, of the category magistrates and ranks

corresponding to those in which jubilation occurs.

8-Until definitive liquidation, the jubilant magistrates are entitled to the allowance

of provisional pension, calculated and abated in the legal terms by the

apportionment distribution.

9-Jubilant magistrates are required to reserve required by the

his condition.

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10-The status of jubilate may be withdrawn by procedure

discipline.

11-Magistrates can make declaration of renunciation of the condition of

juiced, becoming subject in such a case to the general regime of the retiming

public.

12-To magistrates with more than 40 years of age at the beginning of their duties

the requirement of 25 years of service time in the judgeship is not applicable

provided for in paragraph 1.

Article 149.

Retirement and reform

The pension of retirement or retirement of retired magistrates or

retirees is calculated on the basis of the following formula:

R x T1 / C, where

R is the relevant monthly remuneration pursuant to the Statute of the

Retiming, deducted from the percentage of the quota for retirement and

survivor pension within the framework of the General Box regime of

Retirees;

T1 is the expression in years of the number of months of service, with the

maximum limit of C; and

C is the constant number in Annex III.

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Article 150.

Subsidiary regime

Matters not expressly regulated in this Statute,

in particular the conditions for the retirement of the magistrates of the Ministry

Public and the pension system in which they are to be enrolled, shall be governed by the

which is established for the public function, particularly in the

Status of the Act, in Law No. 60/2005, of December 29, in Law

n ° 52/2007 of August 31 in Law No. 11/2008 of February 20 and in the

Law No. 3-B/2010, of April 28. "

Article 5.

Addition to Law No. 47/86 of October 15

1-Annex II is added to Law No 47/86 of October 15, of which it is an integral part,

with the following:

" Annex II

(as referred to in Article 148 (1))

As of January 1, 2011: 60 years and six months of age and 36 years and six months of

service (36, to 5).

As of January 1, 2012: 61 years of age and 37 years of service (37).

As of January 1, 2013: 61 years and six months of age and 37 years and six months of

service (37, to 5).

As of January 1, 2014: 62 years of age and 38 years of service (38).

As of January 1, 2015: 62 years and six months of age and 38 years and six months of

service (38, to 5).

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As of January 1, 2016: 63 years of age and 39 years of service (39).

As of January 1, 2017: 63 years and six months of age and 39 years and six months of

service (39, to 5).

As of January 1, 2018: 64 years of age and 40 years of service (40).

As of January 1, 2019: 64 years and six months of age and 40 years of service (40).

2020 and following 65 years of age and 40 years of service (40).

"

2-Annex III is added to Law No 47/86 of October 15, of which it is an integral part,

with the following:

Annex III

(referred to in Article 148)

Year service time

2011 to 38 years and 6 months of service

(38, to 5)

2012 to 39 years of service (39)

2013 to 39 years and 6 months of service

(39, to 5)

2014 and following 40 years of service (40)

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Chapter IV

Retributive system of judicial magistrates and the Public Prosecutor's Office

Article 6.

Amendment to Law No. 2/90 of January 20

Article 3 of Law No 2/90 of January 20 is replaced by the following:

" Article 3.

Magistrates jubilated

" The pensions of the jubilant magistrates are automatically updated by

indexation to remunerations, deduced from the share of the quota for

retirement and pension of survival under the General Box regime

of Retirees, of the corresponding category magistrates and ranking

to those in which the jubilation occurs "

Chapter V

Replacement and accumulation schemes

Article 7.

Amendment to Law No. 47/86 of October 15

1-Articles 63 and 64 of Law No 47/86 of October 15, in what follows from the Law

n ° 52/2008 of August 28, they shall be replaced by the following:

" Article 63.

Competence

1-[...].

2-[...].

3-[...].

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4-[...].

5-[...].

6-A The expected decision in the preceding paragraph is only possible when the service is

carried out in another department, comarch or together with another court and must

contain the concrete motives that determined the need for

accumulation and the weighting of the needs of the service, of the volume

existing procedural and the alternative solutions.

7-A The measure provided for in the preceding paragraphs shall lapse:

a) At the end of one year, it may not be renewed as to the same

Prosecutor of the Republic, without the assentiment of this one, before

decorrids three years;

b) With the end of the deadline of the inauguration of the magistrates placed

in each movement of the Public Prosecutor's Office or within the established period

in the decision, if earlier.

8-The procurators of the Republic who accumulate functions by period

greater than 30 days are entitled to remuneration to be fixed by order of the

member of the Government responsible for the area of justice, heard the Council

Top of the Public Prosecutor's Office and preceding the opinion of the member of the

Government responsible for the area of finance, with a minimum threshold of a

fifth and maximum limit three fifths of the salary, according to the

service effectively provided and with reference to the time concretely

expended with the execution of the same.

9-[ Previous Article No 8 ].

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Article 64.

[...]

1-[...].

2-[...].

3-[...].

4-Applied, with the necessary adaptations, to the attorneys-adjoining the

provisions of paragraphs 5 a to 9 of the preceding Article. "

2-A The accumulation lapses with the end of the term of the inauguration of the magistrates

placed in each movement or within the period that is set out in the decision, if

previous.

Article 8.

Amendment to Law No. 3/99 of January 3

Articles 68 and 69 of Law No 3/99 of January 3 shall be replaced by the following:

" Article 68.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-A replacement that extends for a period of more than 30 days is

remunerated in the terms of the following article.

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6-A remuneration to which the previous number is referred to have as limits

minimum of one fifth and maximum three-fifths of the base salary of the

substitute judge.

Article 69.

[...]

1-In addition to the cases provided for in the law, the Superior Council of Magistrates

may, obtained the judge's annuence, determine that a judge shall exercise duties in

more than a doomsday or in more than one court yet that of

different circumscription, weighted the needs of the service and the volume

existing procedural.

2-A The decision provided in the preceding paragraph shall contain the concrete reasons

that determined the need for accumulation and the weighting of the

needs of the service, existing procedural volume and solutions

alternatives.

3-A remuneration for the functions in accumulation regime has

as a minimum threshold one fifth and maximum limit three fifths of the

maturity of the judge.

4-A remuneration referred to in this Article shall be fixed by dispatching the

member of the Government responsible for the area of justice, heard the member

of the Government responsible for the area of finance, under assent of the

Top Council of the Magistrature.

5-A The accumulation lapses with the end of the term of the taking of the

magistrates placed in each court motion or on the deadline that

is established in the decision, if previous. "

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Article 9.

Amendment to Law No. 52/2008 of August 28

Articles 76 and 77 of Law No. 52/2008 of August 28 shall have the wording of the

next:

" Article 76.

[...]

1-[...].

2-[...].

3-A replacement that extends for a period of more than 30 days is

remunerated in the terms set out in the following article.

Article 77.

[...]

1-[...].

2-A The decision provided in the preceding paragraph shall contain the concrete reasons

that determined the need for accumulation and the weighting of the

alternative solutions.

3-The exercise of duties to which they allude to the previous figures is remunerated

in accordance with the service actually provided and with reference to the

time concretely expended with the execution of the same, having

as a minimum threshold one fifth and maximum limit three fifths of the

maturity of the judge.

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4-A remuneration referred to in this Article shall be fixed by dispatching the

member of the Government responsible for the area of justice, heard the member

of the Government responsible for the area of finance preceding opinion

favorable of the Superior Council of Magistrature.

5-A The accumulation lapses with the end of the term of the taking of the

magistrates placed in each court motion or on the deadline that

is established in the decision, if previous. "

Chapter VI

Transitional and final provisions

Article 10.

Budget incidence standards

1-Are deferred to Law No. 21/85 of July 30, Articles 188-A, 188-B and 188-C, with

the following:

" Article 188.

Remunerative reduction

The components of the reciprocating system of the magistrates are reduced in the

terms of the State Budget Act for 2011.

Article 188-B

Cost aid

The Decree-Law No. 106/98 of April 24, as well as the reductions to which

are subject to the cost aid provided for therein, are applicable to magistrates

judicial.

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Article 188-C

Prohibition of remunerative valuations

1-During the year 2011, it is vetted, exceptionally, the practice of

any acts that substantiate remunerative valuations.

2-The provisions of the preceding paragraph shall cover valuations and other

remunerative accruals, specifically those resulting from the following

acts:

a) Changes in remunerative positioning, progressions and

promotions on the indicted scale;

b) Opening of curricular competitions;

c) Payment of remuneration higher than the corresponding to the remuneration

of origin, by virtue of the functions exercised in commission of service

ordinary.

3-During the period provided for in paragraph 1, the promotions are vetted and

progressions, regardless of the respective modality, albeit the

reasons that have determined the promotion processes have occurred

on a date prior to the entry into force of this Law.

4-The changes of remunerative positioning, progressions and

promotions that come to occur after the period provided for in paragraph 1 no

may produce effects on a date prior to the expiry of that period.

5-The provisions of the preceding paragraphs shall be without prejudice to the first appointment

after stage, as well as, justified to its printability by the

Superior Council of Magistrature, the provement of vacancies in courts

superiors and in places of circle court judges or equated. "

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2-are deferred to Law No. 47/86 of October 15, Articles 222, 222-A and 222-B, with

the following:

" Article 222.

Remunerative reduction

The components of the reciprocating system of the magistrates are reduced in the

terms of the State Budget Act for 2011.

Article 222-The

Cost aid

The Decree-Law No. 106/98 of April 24, as well as the reductions to which

are subject to the cost aid provided for therein shall apply to the magistrates

of the Public Ministry.

Article 222-B

Prohibition of remunerative valuations

1-During the year 2011, it is vetted, exceptionally, the practice of

any acts that substantiate remunerative valuations.

2-The provisions of the preceding paragraph shall cover valuations and other

remunerative accruals, specifically those resulting from the following

acts:

a) Changes in remunerative positioning, progressions and

promotions on the indicted scale;

b) Opening of curricular competitions;

c) Payment of remuneration higher than the corresponding to the remuneration

of origin, by virtue of the functions exercised in commission of service

ordinary.

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3-During the period provided for in paragraph 1, the promotions are vetted and

progressions, regardless of the respective modality, albeit the

reasons that have determined the promotion processes have occurred

on a date prior to the entry into force of this Law.

4-The changes of remunerative positioning, progressions and promotions

which come to occur after the period provided for in paragraph 1 cannot

produce effects on a date prior to the expiry of that period.

5-The provisions of the preceding paragraphs shall be without prejudice to the first appointment

after stage, as well as, justified to its printability by the

Top Council of the Public Prosecutor's Office, the propment of vacancies along

superior courts, in the Consultative Council of the Attorney General of the

Republic, in the central and district departments, as well as in places of

magistrates to the court of circle or equated. "

Article 11.

Transitional rules regarding jubilation

1-The judicial magistrates or the public prosecutor's office underwriters of the General Box of

Retirees that until December 31, 2010 count at least 36 years of service

and 60 of age may retire or jubilate themselves in accordance with the legal regime which

would be applicable on that date, regardless of the time at which they require it.

2-To judicial magistrates or the Public Prosecutor's Office juiced at the date of entry into force

of this Law shall apply to the tax regime provided for in Articles 29 and 102,

respectively of the Statute of Judicial Magistrates and the Statute of the Ministry

Public.

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Proposal for Law No. 45 /XI/2.

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Article 12.

Safeguarding of other rights

1-The amount of the supplements to be fixed pursuant to Articles 24 and 29 of the Staff Regulations

Judicial Magistrates and Articles 97 and 102 of the Statute of the Public Prosecutor's Office, in the

wording arising from this Act, shall be identical to that of the fixation subsidies and

compensation in force on December 31, 2010.

2-Judicial magistrates or the Public Prosecutor's Office that, at the date of entry into force of the

present law, have a right to receive fixation and compensation allowances continue

benefiting from the same up to the commencement of the payment of the supplements that the

replace.

3-To the judicial magistrates or the Public Prosecutor's Office that at the date of the entry into force of the

present law have homework ascribe to the terms of the repealed legislation is

ensured the continuation of their use until the cessation of the functions that have justified the

assignment, not benefiting in that case of the supplement referred to in the preceding paragraph.

4-The judicial magistrates or the Public Prosecutor's Office that, at the date of the entry into force of the

present law, be in commission of eventual service maintains the right to the perception of the

compensation allowance until the end of the term of the current service commission.

5-It is safeguarded the application of the time additions provided for in Article 73 (2).

of Law No. 21/85 of July 30 and Article 154 (2) of the Law No. 47/86 of 15 of

October, from the time of service provided until the entry into force of this Law.

Article 13.

Abrogation standard

Article 73 (2) of Law No 21/85 of July 30 shall be repealed.

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Article 14.

Production of effects

The provisions of a tax nature, as well as those concerning the accumulation scheme and

substitutions produce effects on the first day of the month following that of the publication of the

present law.

Article 15.

Entry into force

This Law shall come into force on the January 1, 2011.

Seen and approved in Council of Ministers of December 2, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs