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4th april , 2018 – Rodolfo de Serpa

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. Administrative Functions: Appointment Assignment Transfer Promotion and evaluation

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4th april , 2018 – Rodolfo de Serpa

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

  2. The role of judicial and administrative inspection bodiesFunctions • Administrative Functions: • Appointment • Assignment • Transfer • Promotion and evaluation • Disciplinary procedures against judges.

  3. The role of judicial and administrative inspection bodiesHCJ 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 • Chosen by the Plenary of the High Council • Electedbysecret vote

  5. The role of judicial and administrative inspection bodiesEvaluation • 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 bodiesEvaluation

  7. The role of judicial and administrative inspection bodiesEvaluation Procedure • 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 bodiesDisciplinary procedure

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

  10. The role of judicial and administrative inspection bodiesDisciplinary responsibility Violation of professional duties (depending on the seriousness of the infraction)

  11. The role of judicial and administrative inspection bodiesPortuguese System

  12. 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

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