1. Evaluation criteria, process and Consequences of evaluation
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
Evaluation criteria, process and Consequences of evaluation
LISBON, May 2018

2. The Portuguese High Council
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
Operates under the guidance of the Constitution of the Republic of Portugal, that provides it legitimacy and exclusive responsibility to deal with the subjects of the Judges assessment and their disciplinary rules.
The Portuguese High Council

3. The Performance evaluation of judges
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The performance evaluation of the judges is the most relevant activity of our Judicial High Council.
The assessment of judges in our system as an evidence that ensures and reinforces our independence as judges.
The Performance evaluation of judges

4. The Performance evaluation of judges
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
It implies a complex and detailed process where the professional path of each judge is evaluated thoroughly, and thus, naturally, requires a great deal of human and monetary resources from the JHC .
The Performance evaluation of judges

5. The assessment services
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The JHC does not interfere in the content of the decisions of the judges, there fore, the merit of judicial decisions is not attected by the inspector.
This assessment activity is undertaken only by experienced Judicial Magistrates and not by other legal professionals or academics. The judges have no hierarchical bond or functional connection nor functional connection with the judges.
The assessment services

6. The assessment services
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The members of the Judicial Assessment, are chosen by the JHC, that as you know, has a pluralistic and heterogeneous composition.
This private group of 20 or 22 inspectors is composed by Judicial Magistrates who are appointed from the Courts of Appeal , requiring quite 20 years of professional experience , and with very good professional classification.
The assessment services

7. The assessment services
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
Each inspector works with a judicial secretary appointed to the administrative tasks, such as collecting the judicial processes on courts, or leading with the court number rates, that the inspector requires to evaluate the productivity and efficiency rates of the judge .
The judicial assessment service must also inform the HJC about the real condition of each court , their needs and deficiencies, in order to require any arrangements and to improve the overall efficiency of the judicial services.
The assessment services

8. The Performance evaluation of judges
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The members of judicial assessment service are also in charge of the disciplinary activity.
The Performance evaluation of judges

9. The evaluation criteria and the proceedings of judges evaluation
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
To consider the merit and progress of the judges, and their adequate classification, the Judicial Assessment Services performs periodical ordinary inspections to the judge every four years of working, and at the end of their his first year of work on court.
The evaluation criteria and the proceedings of judges evaluation

10. The evaluation criteria and the proceedings of judges evaluation
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
An extraordinary inspection may be performed whenever the HJC deems necessary (in each case assigned), such as when the judge ‘ s last rating is Sufficient, or the difficulty of the judge to deal with the amount of the cases, that can be taking even if he is on the Court of Appeal.
The evaluation criteria and the proceedings of judges evaluation

11. The evaluation criteria and the proceedings of judges evaluation
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The assessment criteria in the classification of Judges - (Mediocre, Sufficient, Good and Very Good) must attend the performance of the judge on the mode, volume, difficulty and management of the service the judge is in charge, of his ability to simplify the pleadings, the conditions of that work, their technical preparation and training, intellectual profile, human capacity, published legal works, and civic aptitude;
The evaluation criteria and the proceedings of judges evaluation

12. The evaluation criteria and the proceedings of judges evaluation
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The process of the judge inspection ends with a long and detailed report and ends with the proposed classification or rating.
After the inspection, the report is distributed to the members of the HJC that will inturn present their own proposal of deliberation, and signing up for the session of the Council; the report is present and discussed, and voted in the council.
The evaluation criteria and the proceedings of judges evaluation

13. The evaluation criteria and the proceedings of judges evaluation
Strengths and Limitations of the Portuguese System of the Evaluation of Judges
The deliberation may always be contested by the judge, thus respecting the principle of contradiction, and if, required, the possibility on the end , appealing to the Supreme Judicial Court.
The evaluation criteria and the proceedings of judges evaluation

14. Thank you so much for your attention