スペインの司法研修制度
Justicia habilitará a ‘jueces becarios’ con funciones de titular pero menos sueldo
Alumnos de la Escuela Judicial harán unos meses de prácticas al frente de juzgados
Vera Gutiérrez Calvo Madrid 17 DIC 2012 - 01:14 CET
Justice will enable 'judges fellows' headline features but with less pay
Judicial School students will practice a few months ahead of trial
Vera Gutierrez Calvo Madrid 17 DIC 2012 - 01:14 CET
The judges in training at the Judicial School, opposed already approved but not yet meet the final selection process, it will take a period of "practices" at least four months practicing as substitute judges, with identical responsibilities and functions as a permanent judge, but a lot less pay. It will be a kind of figure of fellow judge, or judges-MIR for shorter time-as exists for physicians.
moreA cheaper judiciary and autonomous
One of the new features included in the law of budgetary efficiency measures in the administration of justice, the rule has been at war with judicial organizations and is about to end its parliamentary process. The Professional Association of Magistrates (APM), the majority among judges, believes that this measure is "unacceptable", the ministry argues that becariado will be temporary and will allow judges to acquire skills before being invested. "It is reasonable to be a period in practice before becoming permanently by a court," Justice allege sources. They admit that, in addition to providing skill, this will save the ministry MIR money on salaries, but said the savings will be minimal: about two million next year, with a total budget of 1,500 million.
Students of the Law School and now spend a traineeship of at least six months (gaining about 1,000 euros gross per month). The difference is that it is "supervised practice" in exercising functions "of aid and collaboration", developed for example "drafts or draft resolutions" then incumbent judges may assume, modify or reject. They are, for all purposes, fellows. And only "exceptionally" can do "functions of replacement or reinforcement." So currently contained in Article 307 of the Judiciary Act.
The 'law of efficiency' of Gallardón has angered associations
This article will be amended by the Act of budgetary efficiency measures adopted in October the Council of Ministers on a proposal from the Minister-Alberto Ruiz-Gallardón, and that this week could leave the Senate. The new Article 307 of the Judiciary Act maintained the period of "supervised practice" now (although I cut six months to four), but then added another: a "compulsory period" of at least four months (not fixing the maximum) "in which judges play in practice and reinforcement replacement work." No longer "exceptional", but usually.
"The office of jurisdiction with identical amplitude to the holders of the judiciary," reads the text. There will still be some mentoring, but much more vague: the president of the High Court shall prepare a report "on the dedication and performance" of each judge in practices "for assessment by the Law School." Because only after this second phase of practice, students will be definitely appointed and invested with the status of a judge.
Some courts have thus, for a time, to a fellow judge in charge. "Dictating sentences, agreeing prisons, arrests, seizures ... Everything that makes a permanent judge, but charged as an intern, "María Teresa Sáez protest spokesman APM. Furthermore, in the first phase of "supervised practice" will be another novelty: the students' views or actions may address under the supervision and direction of the presiding judge. "
The ministry said that the measure aims to save on wages, but to improve the education of students of the Law School so that when finally take charge of a court, be more prepared. "It is done in other professions, such as journalism, where fellow phase is considerably longer, and other bodies of staff: doctors," they argue Justice sources. And stress that very few judges who make the MIR, at least in the next few years, because the notice of opposition is almost frozen. In 2013, 230 students will join the Judicial School, but in 2014 and will be only 50 new squares.
The ministry says that only about giving better training for judges
The monthly salary of a coroner is around 3,400 euros gross, according to ministry figures. The remuneration of judges is not yet fixed fellows, if EUR 1,000 gross for four months, the saving would be 2.2 million in 2013. The substantial cut will not come, therefore, to that extent, but the overall change in the system of substitutions that Justice has established the law of efficiency measures, and that will not work nearly a thousand of acting judges. The justices will be forced to take over the other substitutions judged an extra charge so much greater than the present (about 50% of salary) but that is half of what the interim charge now.
Figures of justice in Spain
JUDGESJudges in Spain: 5171 (18.2%, agency)Judges per capita (2010 data):
- In Spain: 10.2 per 100,000 inhabitants
- European average: 21.3 per 100,000
SALARIESAverage annual salary of judges (including supplements and 14 payments, not including cuts this year):
Judge: 47,494 eurosJudge: 69,886 eurosJudge territorial affiliation: 69,964 eurosNational Court Judge (excluding section presidents or room): 80,897 euros
Supreme Court Judge (excluding Board chairmen): 111,931 euros
National Court President: 127,584 euros
Chief Justice: 130,152 euros.
LAWYERS
In Spain: 125,208 collegiate (272 per 100,000).European Media: 127 per 100,000 population
LAWSUITS
Litigation: nine million new cases in 2011Estimated average duration of lawsuits:
Civil Order: 8.6 monthsCriminal Order: 8 to 10 monthsSocial order: 8.6 months (3.8 months severance processes).Order for judicial: 12.9 months (25.9 months in the halls of High Courts).
Source: Ministry of Justice, the Supreme Judicial Council, the Council of Europe.
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