Responsibility and accountability The role of judicial and administrative inspection bodies 4th april, 2018 – Rodolfo de Serpa

The role of judicial and administrative inspection bodies Functions Public Administration Public Prosecutors HCJ Administrative Functions: Appointment Assignment Transfer Promotion and evaluation Disciplinary procedures against judges.

The role of judicial and administrative inspection bodies HCJ Composition 17 Members President of the Supreme Court of Justice 2 members appointed by the President of the Republic 7 members elected by the Parliament 7 judges elected by the peers (1 judge from the Supreme Court of Justice who will become the Vice President, 2 judges from the Courts of Appeal, and 4 judges from 1st Instance Courts)

The role of judicial and administrative inspection bodies 20 Judicial Inspectors 3 year term Appeal Court Judges (with classification of “Very Good”) or exceptionally, First Instance Court Judges (with classification of "Very Good" and15 years of service) Chosen by the Plenary of the High Council Elected by secret vote

The role of judicial and administrative inspection bodies Evaluation Mediocre Sufficient Good Good with Distinction Very Good Evaluation after the first year of exercise and every four years First classification must not be over "Good" There is no regular inspection for the judges of the Courts of Appeal but the Council can order it

The role of judicial and administrative inspection bodies Evaluation Classifications must consider: The way the judges fulfil their duties The workload and its complexity The conditions of exercise The ability to simplify procedures Technical preparation Intellectual level, namely in legal issues Published legal works and civic capacity

The role of judicial and administrative inspection bodies Evaluation Procedure Inspector’s Report (proposed classification) Communication to the Judge (Judge’s Response (if wanted)) HCJ’s Decision (Judge can appeal to Supreme Court) The inspectorate cannot interfere with the independence of judges They cannot pronounce on the merits of substantive judgments

The role of judicial and administrative inspection bodies Disciplinary procedure When professional duties are not fulfilled: the HCJ designates an inspector to carry out the disciplinary procedure; During the disciplinary procedure judges: are notified and informed of all the contents, may respond present petitions, provide evidence may be assisted by a lawyer The decision can culminate in indictment or filing. Judge can always appeal to the Supreme Court.

The role of judicial and administrative inspection bodies Disciplinary responsibility Statute of Judges General Law of the Work in Public Functions Professional duties provided for in Disciplinary responsibility results from disrespect of judicial duties such as: Impartiality, namely holding political activity Reserve Exclusiveness Attendance Pursue of the public interest Diligence

Compulsory retirement The role of judicial and administrative inspection bodies Disciplinary responsibility Warning Fine Transfer Suspension Compulsory retirement Dismissal Violation of professional duties (depending on the seriousness of the infraction)

The role of judicial and administrative inspection bodies Portuguese System Judges’ independence is the main issue of the Portuguese system both about the composition of High Council and the assessment and discipline of judges The High Council has exclusive powers in the appointment, promotion and discipline of judges

The Portuguese System Avoids both political and corporate influences CONCLUSION The Portuguese System Avoids both political and corporate influences Ensures the imperatives of independence and accountability Avoids the dangers of judicial activism

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