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

PROCEDURE (Article 17 of the Inspection Regulation) Strengths and Limitations of the Portuguese System of the Evaluation of Judges Within the annual plan the inspections starts with a decision from the inspector. In that decision the inspector summons the judge for a first interview within 15 to 30 days. The inspector notifies the following: i) The inspections division in the CSM; ii) Court president; iii) Judicial Administrator. PROCEDURE (Article 17 of the Inspection Regulation)

Strengths and Limitations of the Portuguese System of the Evaluation of Judges Until 5 days before the date of the first interview the judge is allowed to deliver to the inspector a maximum of 10 judicial decisions and a memorandum of its work during that period. PROCEDURE

Strengths and Limitations of the Portuguese System of the Evaluation of Judges The inspector will then visit the courts and look in to the elements described in article 16 of the inspections regulation: i) indiviual file of the judge; ii) professional curricula; iii) data that the CSM has concerning the courts in which the judge has served; iv) previous inspections and disciplinary proceedings; v) procedural goals; vi) actual case files handled by the judge; vii) decision archive; viii) planning meetings; ix) audio recordings of the hearings; x) contacts with relevant entities PROCEDURE

Strengths and Limitations of the Portuguese System of the Evaluation of Judges In a maximum of 45 days from the first interview the inspector summons the judge for a final interview. In a maximum of 30 days from the final interview the inspector drafts the inspections report and sends it to the council, proposing a grade. The report is notified to the judge and he/she has 10 days to answer, sending elements or requiring any further activities. The inspector has 30 days to perform any other activity or 10 days to answer the judge PROCEDURE

Strengths and Limitations of the Portuguese System of the Evaluation of Judges If a disciplinary proceeding is pending concerning facts that could influence the grade the CSM, after hearing the judge, might suspend the inspection until the disciplinary proceeding is finished (article 18 of the Regulation). The CSM may also suspend the grade when there is a doubt about the grade and the CSM decides to have a additional inspection PROCEDURE

Strengths and Limitations of the Portuguese System of the Evaluation of Judges The report can conclude for one of the following grades (article 13): i)Very good; ii) Good with distinction; iii) Good; iv) Sufficient; v) Mediocre GRADES

Strengths and Limitations of the Portuguese System of the Evaluation of Judges The Report is listed for decision in the Permanent council with the exception of the mediocre which always goes directly for Plenary. If the judges wants to react he/she may: i) appeal from the Permanent to the Plenary; ii) Judicial appeal from the Plenary to the Supreme Court NEXT

Strengths and Limitations of the Portuguese System of the Evaluation of Judges Mediocre (article 34, 2 of the Judge’s Statute: i) suspension of service; ii) disciplinary proceeding. Judicial Movement. Specialized Courts. Promotion and Management positions. CONSEQUENCES

Strengths and Limitations of the Portuguese System of the Evaluation of Judges https://www.csm.org.pt/wp-content/uploads/2017/07/Movimento_2017_TReT1%C2%AA-FINAL-VparaPlenario.pdf

Strengths and Limitations of the Portuguese System of the Evaluation of Judges By jurisdiction Civil Criminal Labor Family and juvenile Commercial Investigation Civil Enforcement By level Central – Good With Distinction + 10 years Local – Good + 5 years Misdemeanors and administrative offences

Strengths and Limitations of the Portuguese System of the Evaluation of Judges Court Presidents – Appeal Court Judges or First Instance Court Judges with 15 year + Very Good For Appeal Court and Supreme Court open Competition PROMOTION

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