Justice: Magistrates and staff advocate the end of the judicial vacations.
Since yesterday, the courts work only for urgent cases, which runs until 31 August. Judges, prosecutors and employees are required to take their holidays at this time. In Europe there are several countries that have abolished this stop.
They are called judicial vacations but, says the president of the Judicial Officers Union, Fernando Jorge, quoted by the online edition of the Daily News (DN), are more “the vacation of processes than the courts properly”.
Between 16 July and 31 August, the steps as trial hearings are suspended, with only urgent cases to have immediate response in court, beyond what is defined by law and that includes cases of domestic violence, Family processes and smaller and insolvency.
For the main law officers, this period of judicial holidays, defined in the Judiciary Organization Act, You may end up. As in many European countries, where the activity of the courts stems without a long period of judicial vacations and without forcing the magistrates and employees to take leave during this period as in Portugal.
In the judicial vacations, those working in the courts or MP's services and not in vacation ensures urgent actions and can also recover some of the work that was pending. One reason that also serve as a justification to a stop, especially in August, It relates to the fact that accused, lawyers and witnesses are often absent at this time, which could provide many faults the scheduled acts.
If you are on holidays, judges, prosecutors and staff have to leave the contacts and location to the court or the service they work for to be contacted and called emergency.
Differences in Europe: In Europe, the vacations were abolished in several countries, especially in central and northern, where judges and staff can schedule personal vacation anytime of year. There are countries where the courts define which periods of suspension of the hearings without an official period. Similar to the Portuguese system, the EU Court of Justice has the same period of judicial holidays – a half months between July and August.
By MEDEL, Association of European judges, presided over by the Portuguese Judge César Filipe Marques, DN collected a number of examples of countries and how the vacation of the courts and who works there are realized.
SPAIN: There are court holidays in August, month that urgent progress refer, both civil and criminal area. The magistrates have 22 vacation days and, despite August being the month recommended for your enjoyment, They can mark for another time of the year.
GERMANY: From 1996 there are no court holidays in Germany. Until this year, resulted from 15 July to 15 of September. Currently, criminal level no stops, but in practice the courts are organized so that most magistrates have vacation in the summer period, with natural decrease of steps that period. The judges are entitled to 30 vacation days, at any time of the year.
FRANCE: It is the courts that secure its judicial vacation, with the majority focus on dates between 15 July and 26 August and urgent process to continue normally. Judges and prosecutors are entitled to French 45 vacation days, They can enjoy at any time of the year.
BELGIUM: Most courts have a proper system, with hearings to be suspended for six weeks, average. There are exceptions for cases considered urgent, such as those involving detainees and family processes and lower.
CYPRUS: Only in the civil area is that there are court holidays, between 9 July and 9 of September. Criminal prosecutions are continuing in the summer, although judges can score for this holiday period. Rest, Cyprus is the time when a magistrate can leave the country without hindrance: the rest of year, a judge can only be absent from the country with exceptional authorization from the President of the Supreme Court, even to participate in a conference.
ROMANIA: Magistrates have holiday 35 working days, which are usually performed during the summer stop – between 1 July and 31 August. Although the law does not oblige the holiday enjoyment only during summer, There is a kind of rule “unwritten” to do.
POLAND: The vacations are not in the Polish calendar, with the judges of each court, such as attorneys, to organize themselves for the holiday marking. The criminal level no interruptions. The magistrates have 26 vacation days, but if they have ten years of service earn over six days and if they 15 years now have more 15 vacation days. A judge with 20 year career entitled to 38 vacation days.
CZECH REPUBLIC: There is a period of judicial vacations and the judiciary are five weeks of vacation, with the approval dates belong to the leaders of the courts.
BULGARIA: Of 15 July to 15 of September, the courts go on vacation, with urgent cases to be always met with many similarities to the Portuguese system, as it includes the insolvency proceedings, domestic violence and family and minors.
SERBIA: The vacations – that were in force 15 July to 1 September – They were abolished in 2014. The judges are entitled to 30/35 vacation days you can enjoy at any time of the year, but subject to approval by the president of the respective court.
