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. 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)

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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
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9. 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

10. Strengths and Limitations of the Portuguese System of the Evaluation of Judges

11. 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

12. 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

13. Thank you so much for your attention