Assistant Professor for the disciplinary area of Legal Practice of the law department of the School of Management of the Polytechnic Institute of Cávado and Ave

Polytechnic Institute of Cávado and Ave

Notice nº 844/2023

1.Under the terms set in the Career Statutes for Teaching Staff in Higher Polytechnic Education (ECPDESP), approved by the Decree-Law 185/81 of 1st July, as amended by the Decree-Law No. 69/88 of 3rd March, republished in annex to the Decree-Law No. 207/2009 of 31st August, and amended by the Law No. 7/2010 of 13th May, as well as the Rules for the Recruitment of Career Teaching Staff of the Polytechnic Institute of Cávado and Ave published in Diário da República, 2nd Series, No. 73, 13th April, 2011 (the Official Gazette)  through the Order n.º. 6366/2011, it is hereby made public, that “by Order of the President of the Polytechnic Institute of Cávado and Ave, Maria José Silva Fernandes, dated 20^th April 2022, under the terms of paragraph d), No. 1, article 92 of Decree-Law No. 62/2007 of 10th September, and paragraph g), No. 2 of article 38 of the Polytechnic Institute of Cávado and Ave Statues, approved by normative Order No. 1-A/2019, published in the 2nd series of the Diário da República on 14th June, amended by Order No. 02/2022, published in the 2nd series of the Diário da República on January 25, 2022, with a favorable pronouncement by the Scientific-Technical Council of the School of Management in deliberation on June 21 and July 6, 2021, it is open for a period of thirty working days, from the date of publication of the present public notice in the Diário da República, applications are now awaiting for an international recruitment for an Assistant Professor for the disciplinary area of Legal Practice of the law department of the School of Management of the Polytechnic Institute of Cávado and Ave.

2.            Workplace: The work shall be carried out and conducted in the Polytechnic Institute of Cávado and Ave Campus, namely in the places where the Management School has or will have activity.

3.            Number of vacancies to be filled: one (1) job position.

4.            Modality of the legal employment relationship to be established: permanent public employment contract for an indefinite period, under an experimental regime for five (5) years, according to article 10-B of ECPDESP.

5.            Offer deadline:

5.1.        This offer is valid only for this position and will expire when the position is taken or in the absence of applications.

5.2 The offer may also expire by an Order of the President of the Polytechnic Institute of Cávado and Ave, respecting the general principles of administrative law and legal limits.

6.            Application requirements:

6.1 Under article 17 of the Statute of the Career of Teaching Staff of the Polytechnic Higher Education, in its actual redaction, applicants may apply with a PhD degree or a title of specialist, in the area for which the competition is open, or a related area, with a thesis or public proof work in the legal practice area. The specialist title mentioned in article 17 of the ECPDESP refers to the provisions of article 48 of Law no. 62/2007, of 10 September, and of Decree-Law no. 206/2009, of 31 August.

6.2 To be proficient in the Portuguese written and spoken language, the candidate may be subject to specific evidence in case of not being natural from countries with Portuguese as an official language.

6.3 Applicants with foreign degrees must prove the certification, equivalence, or the recognition of the PhD degree, according to the existing law, Decree-Law n. º 66/2018, 16th August.

7.            Functions and functional content of the category: the Assistant Professor is responsible for the functions stated in article 2-A and article 3, number 4 of ECPDESP.

7.1 In Particular, under the terms of article 2-A of the ECPDESP, polytechnic higher education teachers are responsible for, namely, providing the teaching service assigned to them and supervising and guiding students; conducting research, cultural creation or experimental development activities; participating in extension, scientific and technological dissemination and economic and social valorisation of knowledge tasks and participating in the management of the respective higher education institutions.

7.2 Under the terms of no. 4 of article 3. In accordance with article 3.4 of ECPDESP, the Assistant Professor is responsible for collaborating with the coordinating professors in the scope of a discipline or scientific area and, namely to supervise and teach theoretical and theoretical-practical classes; to supervise, direct and monitor internships, seminars and laboratory or field work; to direct, develop and carry out scientific research and experimental development activities, according to the general guidelines previously defined in the scope of the respective discipline or scientific area; to cooperate with the other teachers of the discipline or scientific area in the coordination of programmes, teaching methodologies and general research guidelines concerning the disciplines of that area.

8.            Remuneration position (article 35, no. 1, ECPDESP): "The remuneration regime applicable to career teachers and teaching staff contracted beyond the career level is set out in a specific diploma. - Decree-Law no. 408/89, 18 November, as amended by Decree-Law no. 76/96, 18 June, and Decree-Law no. 124/99, 20 April, and Decree-Law no. 373/99, 18 September.

9.            Formalization of the application:

9.1 The application should be presented in person, during office hours, at the Central Services of the IPCA, Human Resources Division, against receipt of delivery, or sent electronically to the email cp_002_2022_padj_cjforenses_esg@ipca.pt, against receipt of delivery or by post, by registered letter with acknowledgement of receipt, sent until the deadline for submission of applications referred to in no. No. 1 of the present announcement, to the postal address of the Instituto Politécnico do Cávado e do Ave, Divisão de Recursos Humanos, Campus do IPCA, Vila Frescaínha S. Martinho, 4750 - 810 Barcelos, indicating Reference CP n.º 02/2022/Prof. Adj. CJForenses/ESG.

9.2 The application should be presented by means of an application for admission to the competition addressed to the President of the Jury, duly signed, and dated, and should contain, amongst other, the following elements:

9.2.1. identification of the candidate by name, date of birth, nationality, civil and tax identification number, postal and electronic address, and telephone/mobile number.

9.2.2 Identification of the competition to which the candidate is applying, and the number of the public notice with reference to the Official Gazette where it was published.

9.2.3 Indication of category and institution where you provide teaching service, where applicable, and position you currently hold (if applicable);

9.2.4 Indication of the academic and professional degrees and titles held by the applicant.

9.2.5 Signed statement in which the candidate declares that the information, documents, or facts contained in the application are true.

9.2.6 Declaration of the applicant that he/she is aware of the following regulations:

9.2.6.1. "IPCA Teachers' Performance Evaluation Regulation", published in the 2nd series of the Diário da República, 22nd December 2014, through the rectification declaration no. 1312/2014;

9.2.6.2. "Regulation for evaluation of the activity developed during the experimental period - IPCA", published in the 2nd series of the Diário da República, January 15, 2014, through Regulation no. 17/2014, available at : https://ipca.pt/ipca/servicos-ipca/recursos-humanos/avaliacao-de-desempenho-do-pessoal-docente/.

9.2.7. List in not-editable digital support, when the application is delivered in person or sent by post should be in a Pen drive, containing the exact identification of all documents, elements, or facts of the application.

9.2.8.     When the application is delivered in person or sent by post the application must be submitted on paper and duly signed.

9.3 The application must be accompanied by the following documents

9.3.1. Detailed dated and signed curriculum vitae - organised in the order and according to the selection criteria identified in point 15 of this public notice, which, in the case of the application being delivered in person or sent by post, will have to have one copy on paper and one copy in a non-editable digital support (Pen drive). If the application is sent electronically, the detailed Curriculum Vitae, dated and signed, organized in the order and according to the selection criteria identified in item 15 of this public notice, must be sent in PDF format.

9.3.2. Copies of the work and documents, in digital format, for the purposes of the evaluation provided for in item 15.4 of this public notice, organized in order by the criteria of scientific performance, pedagogical capacity and other relevant activities and by the parameters provided for in items 15.4.1.1 to 15.4.1.3. When submitted in paper format, one paper copy must be submitted and another in non-editable digital format (Pen drive).

9.3.3 If the digital format is not available for any of the documents, it may be replaced by the delivery in paper format of several copies corresponding to the number of members of the jury.

9.3.4. One copy of the supporting documents of the facts indicated in the curriculum.

9.3.5 Certificate of academic and professional qualifications, proving the title and the date of obtaining the degree and titles for the offer.

9.3.6.     A copy of the doctoral thesis or of the documents produced by the candidate to obtain the title of specialist in a non-editable digital format (Pen drive). If it is not available in digital format, it can be replaced by two paper copies.

9.3.7 Declaration of the candidate, under oath, stating that she/he is not inhibited from exercising public functions or forbidden to exercise the functions she/he intends to perform, that she/he has the physical strength and mental profile required to exercise the functions and that she/he has complied with compulsory vaccination laws.

9.3.8.     The documents delivered in digital format, either by email or delivered through Pen drive, must respect the Portable document format (PDF), preferably in PDF/A version, except in situations where the document to be submitted cannot assume the indicated format, under the risk of not being possible to access/download the documents, which will be the sole and exclusive responsibility of the applicants and may determine exclusion from the competition, they must comply with the following:

9.3.8.1. All documents must be compressed in a single folder in ZIP or RAR format, organized in order by the criteria of scientific performance, pedagogical skills and other relevant activities and by the parameters provided in numbers 15.4.1.1 to 15.4.1.3.

9.3.8.2. If the option is to send the documents by email, in addition to the duty of complying with the provisions in the previous numbers, if it is not possible to send all the documents in a compressed folder in a single email, the documents should preferably be sent through the WeTransfer platform.

9.3.8.3. The name/designation of the files

(a) must be as succinct/short as possible, to avoid difficulties when downloading.

b) Must not contain any of the following characters: /, \, |,:, *, ?, ",> and <.

9.3.9.     The documents required in the call for tenders must be scanned from original or authenticated documents.

9.3.10. The application and accompanying documents must be written in Portuguese or English.

9.4 Failure to comply with the deadline for submission of the application, as well as failure to submit or late submission of the elements mentioned in 9.2 and of the documents mentioned in 9.3.1 to 9.3.7 of this public notice, which must be submitted, shall result in exclusion of the application.

9.5 False statements or the presentation of false documents shall lead to immediate exclusion from the job offer.

9.6 Applicants already integrated in the IPCA teaching career or under contract with the IPCA are exempted from presenting the documents proving the requirements included in their individual file.

9.7 The process of offer can be consulted by the applicants who wish to do so, at the Human Resources Division, IPCA Campus, Vila Frescaínha S. Martinho, 4750 - 810 Barcelos, during office hours, by appointment through the e-mail address: drh@ipca.pt

10.          The jury:

10.1 The jury is composed by:

10.1.1. President: Professor Doctor Irene Maria Portela, Coordinator Professor of the School of Management of the Polytechnic Institute of Cávado and Ave, under powers delegated by order of the President of the Polytechnic Institute of Cávado and Ave, Professor Doctor Maria José Fernandes, PhD, of 20 April 2022.

Members:

10.1.2. Professor Doctor Deolinda Maria Moreira Aparício Meira, Coordinator Professor of the Accounting and Business School (ISCAP) of the Polytechnic of Porto;

10.1.3. Professor Doutor Eugénio Pereira Lucas, Coordinator Professor of the School of Technology and Management of the Polythecnic Institute of Leiria;

10.1.4. Professor Doctor Cristina Manuela Araújo Dias, Associate Professor at the School of Law of the University of Minho;

10.1.5. Professor Doctor Maria Miguel Rocha Morais de Carvalho Castro Martins, Associate Professor of the School of Law of the University of Minho;

10.1.6.  Professor Doctor Maria Leonor Machado Esteves, Coordinator Professor of the Higher School of Technology and Management of the Polytechnic Institute of Viseu.

10.2 Jury deliberations:

10.2.1 The jury has the competence and functions under the terms of the Rules for the Recruitment of Teaching Career Staff of the Polytechnic Institute of Cávado and Ave, namely articles 15 and 16.

10.2.2 The jury may deliberate when the President and at least two thirds of its members are present and when most of the members present are external.

10.2.3 The deliberations shall be made by absolute majority of the votes of the jury members, present at the meeting, with no abstentions allowed.

10.2.4 If necessary, the jury requests complementary documentation from the applicants related to the curriculum vitae presented, under the terms and conditions foreseen in article 31 of the Rules for the Recruitment of Teaching Career Staff of the Polytechnic Institute of Cávado and Ave.

10.2.5 The jury is responsible for defining the evaluation within each parameter defined by the Scientific-Technical Council under the terms of article 21 of the Rules for the Recruitment of Teaching Career Staff of the Polytechnic Institute of Cávado and Ave.

10.3 Jury meetings

10.3.1 Without prejudice to the provisions of article 16 of the Regulation mentioned in the previous point, while Decree-Law no. 10-A/2020, of March 13 is in force, as well as under the provisions of article 24-A of the Administrative Procedure Code the jury meetings of the competition may be held, in all phases of the process, by videoconference, as long as there are technical conditions for that purpose, and the use of telematic means should be stated in the minutes.

11.          Admission and exclusion of candidatures: The admission and exclusion of candidatures and the notification of excluded applicants, under the terms and for the purposes foreseen in article 121 of the Administrative Procedure Code, are processed in accordance with the provisions of article 29 of the Rules for the Recruitment of Teaching Career Staff of the Polytechnic Institute of Cávado and Ave, published in the Diário da República, 2nd series, no. 73, of 13 April 2011.

12.          The Jury's minutes can be consulted, at the candidate's request, at the Human Resources Division in the IPCA Campus, Vila Frescainha S. Martinho, 4750-810 Barcelos, during office hours, by appointment through the e-mail: drh@ipca.pt

13.          Evaluation and selection:

13.1 After the phase of admission to the process, the jury starts the assessment of the applications, according to the required documents and presented in the application, considering the technical-scientific and professional performance of the candidate, of his/her pedagogical capacity and of other relevant activities for the mission of the higher education institution, for the purpose of drawing up a list of the approved applicants in absolute merit.

13.2 Analysis of the absolute merit:

13.2.1 Absolute merit is analysed based on the merit of the overall curriculum of the applicants in the disciplinary area of the competition (which the members of the jury consider having a scientific and pedagogical level, research capacity and developed activity compatible with the disciplinary area and category for which this process of recruitment is open).

13.2.2 For approval in absolute merit, each candidate must obtain the favourable vote of most of the members of the jury.

13.2.3 The deliberation of non-approval in absolute merit and consequently of exclusion shall be made by absolute majority, and each member of the jury shall present a document with the justifications of his/her vote.

13.2.4 In the case of non-approval in absolute merit, the jury will hold a prior hearing for the rejected applicants who, if they wish, may express their opinion within ten working days, being applicable what is stated in nos. 3 to 7 of article 29 of the Rules for the Recruitment of Teaching Career Staff of the Polytechnic Institute of Cávado e do Ave.

13.2.5 Once the hearing of the interested parties has taken place, the jury appraises the allegations presented and proceeds, afterwards, to draw up a list of the applicants that were rejected and approved in absolute merit, ordered in alphabetical order.

14.          Public hearings

14.1 If necessary, the jury may promote the holding of public hearings, for clarification of elements of the application, in equal circumstances for all applicants.

14.2.      The jury shall fix the schedule and duration of the public hearings according to the number of applicants.

14.3 The decision on holding public hearings shall be notified to the applicants at least ten working days in advance.

15.          Methods and criteria for selection:

15.1.      The selection method is curricular evaluation, through which the scientific performance, pedagogical skills, and performance in other activities relevant for the mission of the School of Management and the Polytechnic Institute of Cávado and Ave are to be evaluated.

15.2.      In the curricular evaluation the following criteria must be considered and weighted, according to the requirements of the functions corresponding to the category to which the present competition refers:

15.2.1. The applicants' scientific performance.

15.2.2. Pedagogical skills of the applicant.

15.2.3. Other relevant activities to the mission of the Institute which have been developed by the applicant.

15.3 The following weighting factors are attributed to the criteria set forth in the previous number:

15.3.1 Scientific performance: 40%;

15.3.2. Pedagogical Skills: 30%;

15.3.3. other relevant Activities: 30%.

15.4 Evaluation and scoring parameters:

15.4.1. in applying the criteria referred to in the previous article, the following parameters shall be assessed:

15.4.1.1. Scientific performance of the applicant:

(a) The publication of scientific articles, books and chapters (20 points);

b) Papers presented at scientific congresses and colloquia (20 points);

c) Participation in scientific research centres, committees, organisations or networks of a scientific nature (15 points);

d) Completed orientations of the non-teaching components of masters' courses (20 points);

e) Participation in research mobility programmes (10 points);

f) Recognition by the community (e.g. awards) (15 points).

15.4.1.2. Pedagogical Skills:

(a) Length of service in higher education institutions (20 points);

b) Diversity of curricular units taught (subjects and study cycle) (20 points);

c) Publication of lessons and other pedagogic material (15 points);

d) Supervision and guidance of undergraduate students and students of Higher Education Diplomas  -TeSP- (15 points);

e) Pedagogic performance evaluation (20 points);

f) Coordination and participation in pedagogical projects (10 points);

15.4.1.3.              Other relevant activities

(a) Participation in bodies in higher education and research institutions (20 points)

b) Participation in commissions, course directorates, departmental and disciplinary group directorates (20 points)

c) Participation in academic bodies, namely Scientific Council, Technical and Scientific Council, Pedagogical Council, Academic Council (20 points)

d) Non-teaching professional experience relevant to the area of this Recruitment Process (20 points);

e) Participation in projects, competitions, activities of dissemination (20 points).

16.          The jury proceeds to the evaluation of the applicants approved in absolute merit, considering the evaluation criteria and parameters, as well as the weighting factors, included in the evaluation grid and in the public notice.

17.          Sorting and voting methodology:

17.1.      The ordering of the applicants shall be based on the evaluation made based on the evaluation criteria and parameters and corresponding weighting factors contained in the present public notice.

17.2.      Before voting begins, each jury member shall present a written document, which shall be attached to the minutes, with a classification from 0 to 100 and the ordering of the applicants, duly reasoned, considering for this purpose the referred in the previous number.

17.3 In the various votes, each jury member must respect the ordering he or she presented, and abstentions are not allowed.

17.4 The jury shall use the following voting methodology for the formation of an absolute majority in the final sorting of the applicants:

17.4.1. The first vote is intended to determine the candidate to place first. If a applicant obtains more than half the votes of the members of the jury present at the meeting, he/she is immediately placed first. If this does not happen, the vote is repeated, only among the applicants who obtained votes for the first place, after removing the least voted candidate in the first vote. If there is a tie between two, or more, applicants in the least voted position, a vote is taken on them to break the tie, and if the tie persists, the President of the jury decides which candidate to withdraw. The process will be repeated until a candidate obtains an absolute majority to be placed first. Once this candidate is removed, the same process is repeated to obtain the candidate ranked second, and so on until an ordered list of all admitted applicants is obtained.

17.4.2 Without prejudice to the provisions of the previous number, whenever there is a tie, the vote is repeated and if the tie persists, the President of the Jury has the quality vote and decides the direction of deliberation.

18.          Applicants’ participation and decision:

18.1 The final ordering project is notified to the applicants, for the purpose of holding the hearing of interested parties, under the terms of articles 121st and following of the Administrative Code Procedure, applying, with due adaptations, the provisions of article 29.ºnof the Rules for the Recruitment of Teaching Staff at the Polytechnic Institute of Cávado and Ave.

18.2 After the hearing of interested parties, the jury substantially appraises the allegations offered and approves the applicants' final ranking list.

19. Final decision deadline:

19.1 Without prejudice of what is stated in the following number, the deadline for the jury's final decision shall not exceed sixty working days counted from the deadline for the presentation of applications.

19.2 The deadline referred to in the preceding paragraph may be extended when justified by the high number of applicants and/or the special complexity of the recruitment process.

19.3 The final ranking list of the applicants is submitted to the President of IPCA for homologation, and the applicants are notified of the homologation order.

20. Conclusion of the contract

20.1 The President of the Polytechnic Institute of Cávado and Ave may decide not to celebrate the contract, if there is a reduction allocation of the State Budget that does not allow available funding or if the requirements foreseen in article 46 of the State Budget Law, approved by Law n.º 75-B/2020, of the 31st of December, applicable in 2022 until the approval of the State Budget for 2022, are not met.

20.2 The provisions of articles 37 and 42 of the Rules for the Rules for the Recruitment of Career Teaching Staff of the Polytechnic Institute of Cávado and Ave apply.

21. Publication of the public notice:

21.1 In addition to the publication in the 2nd series of the Diário da República, this notice is also published

21.1.1.  BEP’s (Public Employment Exchange) digital platform.

21.1.2. Foundation for Science and Technology IP’s website (in Portuguese and English).

21.1.3.  Polytechnic Institute of Cávado and Ave website (in Portuguese and English).

22.          In compliance with paragraph h) of article 9 of the Constitution of the Portuguese Republic, the Polytechnic Institute of Cávado and Ave, as an employer, actively promotes a policy of equal opportunities between men and women in access to employment and in professional progression, providing scrupulously to avoid any form of discrimination.

23.          The processing of personal data within the scope of tender procedure complies with the personal data protection policy available at: https://ipca.pt/ipca/apresentacao/o-ipca/politica-de-privacidade-e-protecao-de-dados/

May 4, 2023 - The President of IPCA, Professor Doctor Maria José da Silva Fernandes.