With regard to the main grounds for filing, the following stand out:
a) In 45% of the assessed situations, illegality or unfairness were remedied during the
investigation;
b) In 35% of cases, the investigation did not lead to the acceptance of the plaintiffs’
claims;
c) In 7% of assessed cases, this State body referred the complainants to the appropriate
means to assert their claims;
d) In 7% of cases, there was withdrawal of the complaint;
e) In 4% of cases, although it has been considered that the complainants were right, it
has not been possible to lead the targeted entity to immediately change the situation
or solve the issue of the complaint.
The main issues discussed in the year 2016 are analyzed below.
Administration of justice
The administration of justice comprises the following segments: judicial delays, access
to justice, deontology of lawyers and enforcement officers and other administrative problems of justice.
As previously stated, regarding the administration of justice, judicial delays is the matter with higher numerical expression (358) which involves cooperation with the Superior
Councils for the Judiciary (152) and the Administrative and Fiscal Courts (47), as well as
the Superior Council of the Prosecution Service (22), essential for the timely monitoring
of the situations in question.
To illustrate the Ombudsman’s intervention, a few concrete cases will be mentioned.
Therefore, it can be noted the performance of this State body near the Directorate-General for the Administration of Justice (DGAJ) following a complaint contesting the
obligation to indicate the NIF of the defendant in the enforcement actions that must be
established through the Citius program under penalty of refusal of the application. In the
course of the enquiries of the complaint procedure, DGAJ has come up with a solution:
the interested party may, if necessary, use the «justifiable impediment» referred to in the
first part of Article 3 (1) of Ordinance No. 282/2013, of August 29, by delivering the
application in physical support. The application would be accompanied by the reasoning
for the impossibility of filing it by electronic means, due to the lack of the NIF of the
defendant and the impossibility of obtaining it, in order to prevent the immediate refusal,
thus bringing the matter to the attention of the judge.
Also concerning the judicial pendency situation of the 1st Section of Labour of the
Central Instance of Loures, this entity was heard and, remembering the budgetary constraints, has informed that the DGAJ process recovery team had already scheduled to the
second half of 2016, the support to the elaboration of the account of about 1200 legal
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