The Portuguese Judicial System The Judicial High Council

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Presentation transcript:

The Portuguese Judicial System The Judicial High Council CSM The Portuguese Judicial System And The Judicial High Council LISBON, May 2018

Portugal 11 million inhabitants 18 Districts 23 District Courts Around 2.000 judges About 1.500 prosecutors More than 30.000 lawyers

Supreme Court of Justice THE PORTUGUESE JUDICIAL SYSTEM Common Jurisdiction Supreme Court of Justice 60 judges: Mostly career judges But also career prosecutors and jurists of recognized merit Decides appeals against 2 nd instance rullings

Five 2 nd Instance Courts Lisboa Porto Coimbra Évora Guimarães

The Judges are only career judges 2 nd Instance Courts The Judges are only career judges They decide appeals against rulings of the 23 District Courts. Located in Lisboa, Porto, Coimbra, Évora e Guimarães they have territorial jurisdiction.

23 District Courts District Courts with courts or with general competence or, as a rule, specialized competence, namely civil, criminal, work, family and juvenile, executions, criminal investigation and commerce.

Other First Instance Courts Courts of territorial jurisdiction extended to several counties or to the whole national territory (punishment courts, central criminal investigation court, maritime court, intellectual property court competition court, regulation and supervision)

Constitucional Court: 13 members THE PORTUGUESE JUDICIAL SYSTEM Other Courts Constitucional Court: 13 members 10 elected by the parliment 3 co-opted by them 6 of this 13 members have to be career judges

And have a autonomous Superior Council. Administrative and Tax Courts Are responsible for deciding conflicts between citizens and the public administration. Have courts of 1st instance, 2nd instance and the Supreme Administrative Court. And have a autonomous Superior Council.

The Judicial High Council: It is an organ with constitutional consecration. Body of management and discipline of Judges. It is not part of the Public Administration. It has administrative and financial autonomy and has its own budget.

Has 17 members: The Judicial High Council COMPOSITION CSM The Judicial High Council COMPOSITION Chaired by the President of the Supreme Court. 2 members appointed by the President of the Republic (have a term of five years). 7 members elected by the Parliament (have a term of four years). 7 judges elected for a 3-year term by their peers: Vice-President (a Judge of the Supreme Court); Two second instance jugdes; Four first instance jugdes Has 17 members:

CSM COMPETENCES The competences of the CSM (defined in the Statute of Judicial Magistrates and in the new Organic Law of the Judicial System) are essentially the following: Appoint, place, transfer, promote, exonerate, assess professional merit, exercise disciplinary action, and, in general, perform all acts of the same nature with respect to judges; Issue an opinion on legal instruments relating to the judicial organization and the Statute of Judges and, in general, matters relating to the administration of justice;

CSM COMPETENCES Study and propose to the Minister of Justice legislative measures for the efficiency and improvement of judicial institutions; Order inspections, inquests and inquiries into judicial services; Coordinate and supervise the activity of the District Presiding Judges actions;

CSM COMPETENCES Establish priorities in the processing of cases that are pending in the courts for a period considered excessive, without prejudice to other urgent cases; Propose appropriate measures to the Minister of Justice so as not to make excessive the number of cases in charge of each judge; Establish the number and composition of the sections of the Supreme Court of Justice and the Courts of Appeal

COMPETENCES Appoint the Presiding Judges of the District Courts; CSM COMPETENCES Appoint the Presiding Judges of the District Courts; Carry out access competitions to the Courts of Appeal and the Supreme Court of Justice, selecting and graduating the qualified

Thank you so much for your attention