DISCIPLINARY PROCEDURE
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Disciplinary procedure review

» Purpose

Obtaining the repeal or change of the decision taken in the disciplinary procedure, and the penalty enforced shall not be aggravated

» Precondition

Existence of circumstances or means of evidence able to demonstrate the inexistence of facts, provided that they could not be used by the public employee in the disciplinary procedure

» Commencement

Request of the public employee submitted to the entity that enforced the penalty

» Time limit of the request

The request shall be submitted at any time

» Content of the request

» Indication of circumstances or means of evidence not taken into consideration in the disciplinary procedure

» Joining of indispensable documents

» Decision

» Competence: entity that has enforced the disciplinary penalty

» Time limit: 30 days

» Reasoning of the decision

Granting or not the review

» Effects

The enforcement of the penalty shall not be suspended

» Procedural legal steps after granting the review

Appointment of a different examining officer

» Bringing charge

The same of the reviewed procedure

» Presentation of the defence

» Not lower than 10 nor higher than 20 days

» See Common Procedure

» Drawing up of the report

» See Common Procedure

» Decision

» See Common Procedure

» Notification of the decision

» See Common Procedure

» Effects of the review (repeal or change)

» Repeal or change of the decision of the reviewed procedure

» In the case of a compulsory early retirement or dismissal has been enforced, the public employee is entitled to re-establish the employment relationship

» Re-formation of the current hypothetical juridical-functional situation

» Indemnity for moral and property damages

» Effects of the repeal

» Termination of the penalty’s register

» Annulment of the effects of the penalty