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"Conduct an audit of the backlog cases in order to better target measures [2011Q2]. Eliminate court backlogs by [2013Q2]

7.2. Based on the audit, better target existing measures and assess the need for additional measures to expedite the resolution of the backlog [2011Q2].

Additional measures to be considered include, among others:

(i) establishing separate Chambers or Teams (solely) directed towards resolving the backlog;

(ii) restructuring court record-keeping so that cases can be taken off the books;

(iii) merging similar small debt enforcement cases;

(iv) strengthening and enforcing existing regulations allowing dormant cases to be removed from the court register;

(v) imposing additional costs and penalties against non-cooperative debtors in enforcement cases;

(vi) introducing a staggered court fee structure for extended litigation prompted by litigating parties without manifest cause; and

(vii) assigning special court managers to manage the court agenda/hearings allowing judges to focus on the cases."

"7.3. Expedite the implementation of the Judicial Reform Map creating 39 court units, with added management support for each unit, entirely financed through expenditure savings and gains of efficiency [2012Q4]. This measure is part of the rationalisation effort, in order to improve efficiency in the management of infrastructures and public services. Prepare a roadmap on this reform identifying key quarterly milestones. [2011Q3]

7.4. Adopt new court management methods for two county courts, including Lisbon. [2011Q4]

7.5. Develop a personnel management plan that permits judicial specialisation and mobility of court officials. [2011Q4]


Sobre a resolução alternativa e extra-judicial dos litígios:

7.6. The Government will present a Law on Arbitration by end-September 2011 and make arbitration for debt enforcement cases fully operational by end-February 2012 to facilitate resolution of backlog cases and out of court settlement.

7.7. Optimize the regime for Justices for the Peace to increase its capacity to handle small claim cases. [2012 Q1]7.8. Adopt measures to give priority to alternative dispute resolution enforcement cases in the courts. [2011 Q4]


Sobre o processo civil:

7.9. Extent the new experimental civil procedure regime to 4 courts. [2011Q3]

7.10. Assess in a report whether the experimental civil procedure regime should be applied to all courts. [2011Q4]

7.11. Make specialized courts on Competition and on Intellectual Property Rights fully operational. [2012Q1]

7.12. Assess the need for separate Chambers within the Commercial Courts with specialized judges for insolvency cases. [2011Q4]

7.13. The Government will present to Parliament a draft law to review the Code of Civil Procedure and prepare a proposal identifying the key areas for refinement, including reducing the administrative burdens for judges, consolidating legislation for all aspects of all cases before the court, giving the judge powers to expedite cases, and enforcing statutory deadlines to expedite the resolution of cases in the courts. [2011Q4]

7.14. Adopt specific measures for an orderly and efficiency resolution of outstanding tax cases including (also covered under revenue administration):

i. taking necessary steps to implement the Tax Arbitration Law (to enable an effective out of court resolution of tax claims); [2011 Q3]

ii. assessing measures to expedite the resolution of tax cases such as: i) creating a special procedure for high value cases; ii) establishing criteria for prioritizing; iii) extending statutory interests for the entire the court proceeding; iv) imposing a special statutory interest payment on late compliance with a tax court decision. [2011Q4]"