Government unifies the advisory regime for magistrates into a single legal instrument

Decree-Law no. 196/2026, of September 29, establishes the regime applicable to the advisory staff of judges and prosecutors of the Public Ministry and gathers in a single instrument rules that were previously dispersed across various legal texts. The instrument was published in the Diário da República, 1st series, no. 189, of September 29, 2026, and enters into force 60 days after publication, on November 28, 2026.

The Government justifies the measure based on normative fragmentation and the imprecision of the current regime, which resulted in “heterogeneous solutions and enormous disparities” in application by various entities. The new regime responds to the objective of the XXV Constitutional Government’s Program to strengthen the support provided to the judiciaries by non-magistrates and is part of the Recovery and Resilience Plan, within the reform projects for the status of judicial employees and advisory staff for magistrates, and the optimization of administrative and tax courts.

The High Council of the Judiciary, the High Council of Administrative and Tax Courts, the Prosecutor General’s Office, the High Council of the Public Ministry, and the Council of Justice Officials were consulted, in addition to collective bargaining procedures. The decree-law was approved in the Council of Ministers on July 23, 2026, promulgated on September 16 by the President of the Republic, António José Martins Seguro, and countersigned on September 17 by the Prime Minister, Luís Montenegro.

Offices at three court levels

Advisory services are now organized into offices, with one office for judges and another for prosecutors of the Public Ministry at each level:

• In first-instance judicial courts, by territorial district equivalent to the jurisdictional area of the Courts of Appeal, headquartered in the same municipality.
• In first-instance administrative and tax courts, by district equivalent to that of the central administrative courts.
• In each Court of Appeal and in each central administrative court.
• In the Supreme Court of Justice and the Supreme Administrative Court, under the terms of Decree-Laws nos. 74/2002 and 73/2002.

The maximum number of workstations is fixed by an order from the Government members responsible for the areas of finance, Public Administration, and justice, and each office has a liaison advisor, ensured on an annual rotation basis and without additional remuneration.

Appointment, bond, and remuneration

Advisors are specialists appointed by the High Council of the Judiciary, the High Council of Administrative and Tax Courts, the president of the superior court, or the Prosecutor General of the Republic, from among graduates with a grade no lower than 14 or personalities of recognized merit. The selection is preceded by a public notice inviting the submission of curricula vitae, and the appointment is set forth in an order published in the 2nd series of the Diário da República.

The position is held on a three-year secondment, renewable for equal periods up to a limit of three, with exemption from working hours and 22 days of vacation per year. The remuneration corresponds to level 40 of the single remuneration table in first-instance offices, level 42 in those of the Court of Appeal and central administrative courts, and level 48 in the Supreme Court of Justice and the Supreme Administrative Court.

Revocations, transition, and internships

The decree amends articles 3 and 13 of Decree-Laws no. 73/2002 and 74/2002 and revokes paragraphs 5 to 11 of article 13 of both, as well as articles 28 to 32 of Decree-Law no. 49/2014, which regulates the Law on the Organization of the Judicial System. Within a maximum period of one year, an ordinance will be approved with the new personnel maps for the secretariats, which include administrative support workers for the presiding judges of the district and geographical zone.

The regime does not apply to advisors in office at the date of entry into force, and the renewal of their respective secondments is not permitted, although a new appointment under the new decree is possible. For candidates in ongoing competitions, the legislation in force at the date of the start of the procedure applies, and internship protocols concluded under article 32 of the RLOSJ remain in force. The text also provides for specialized technical advisory protocols for punctual needs and professional and curricular internships, the latter without remuneration beyond a meal allowance.

The execution of the decree will be evaluated after three years, with annual activity reports from each office. For judges, prosecutors, judicial officers, and advisor candidates, the decree-law establishes a single framework for recruitment, remuneration, and career, with a direct impact on the organization of the courts and procedural speed starting from the end of November.

Source: Diário da República, 1st series, no. 189, of September 29, 2026, section I (official reference: Decree-Law no. 196/2026).