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

2. 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.

3. 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)

4. 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

5. 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

6. 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

7. 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

8. 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.

9. 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

10. 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)

11. 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

12. 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

13. Thank you for your attention