Law 7/2016, Of 26 May, Qualified For The Modification Of The Law Of Justice, On 3 September 1993

Original Language Title: Llei 7/2016, del 26 de maig, qualificada de modificació de la Llei qualificada de la Justícia, del 3 de setembre de 1993

Read the untranslated law here: https://www.bopa.ad/bopa/028037/Pagines/CGL20160614_15_36_58.aspx

CGL20160614_15_36_58 law 7-2016, from 26 May, described for the modification of the law of Justice, on 3 September 1993 law 7/2016, of 26 May, qualified for the modification of the law of Justice, on 3 September 1993 since the General Council in its session of 26 May 2016 has approved the following : 7/2016, of 26 May, qualified for the modification of the law of Justice, on 3 September 1993 statement of reasons under the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993, it was added a third paragraph to article 11 of the law. This new paragraph relates are concepts that have to integrate the remuneration of the batlles and magistrates, but delegates however in a subsequent law specific regulation of this regime. As a result, the seventh final provision of law 28/2014 entrusts the Government approved the draft law on regulation of the remuneration of the batlles and magistrates, as well as the remuneration and bonus of the Attorney general and prosecutors, deputies and members of the High Council of Justice, respectively, in the period of one year from the entry into force of this law , which took place on 13 November 2014.
It is for this reason that it promotes this law, who, for reasons of systematic coherence, has been articulated as a new modification of the law of Justice and, by way of the first final provision, as well as the law of the public prosecutor, of 12 December 1996. In effect, they wanted to avoid the dispersal regulations and that, therefore, all the issues relating to the statutory scheme of the members of the legal and fiscal careers will contain the same legal rules.
Article 1 of the law reform once again the third paragraph of article 11 of the law of Justice to fit the concept that consists of the old, but by eliminating the obligation that the batlles and magistrates receive all regular salary concepts that related to article 11. As well, it has been confirmed that it becomes impossible to apply a proper and equitable manner the productivity premium when it comes to the magistrates assigned to the sections of instruction and, on the other hand, the characteristics of the place of work and the assumption of guard shifts in criminal matters make it necessary that they can register a target premium. At the same time, takes advantage of the modification of the article we are dealing with by adding a new paragraph that makes reference to the tables that are incorporated as a new annex I to the law of Justice, in accordance with article 6 of the law, and that detailed the regime of remuneration of the batlles and magistrates.
In this regard, article 6 quantifies the remuneration base and accessories which form part of the remuneration of the batlles and magistrates. In the case of magistrates, this base salary is reduced if you take into account the amount currently registered, but it compensates with a salary increase linked to the complement of degree. The sum of this addon and plug-in antiquity makes it possible for a real and relevant salary progression, that falsehood stems at the same time of antiquity and of the favourable assessment in relation to the exercise of the functions assigned to it, and introduced training activities. In addition, this progression will be seen eventually consolidated with the wage increase that entails access to the judge, and with the complement of a degree that also includes, since the base salary of the judges with full dedication is increased substantially to establish a close linkage between progress in the judicial career and salary progression.
With regard to article 2 of the law, modifies the article 30 of the law of Justice, with the objective to refer to the tables that are introduced as a new annex II, and established and quantified the bonus of the members of the Superior Council of Justice.
This annex II is incorporated into the law of justice by virtue of article 7 and, without increasing the overall bonus perceive members of the High Council of Justice, established a more equitable delivery in accordance with the workload and the responsibilities that they have each of these members.
The Act ends with two transitional provisions and three final provisions. The first transitional provision is to preserve the economic rights acquired by members of the judicial and fiscal careers, establishing, however, the appropriate rules in order to avoid a disproportionate increase in and inequitatiu the remuneration of any of the members of the judicial, to contemporary application of new concepts and the salary that transitional provision and, also, to mitigate the differences arising from the amounts received by reason of seniority accrued. On the other hand, the second transitional provision includes the necessary provisions to replace the old complements the new complements.
The first final provision modifies the article 15 of the law on the public prosecutor's Office and introduces a new annex to the law, to improve the regulation relating to the application of the rules of the law of Justice to members of the public prosecutor and, above all, to establish and quantify the remuneration of the Attorney general and prosecutors attachments, in accordance with the same premises mentioned in connection with the batlles and magistrates. On the other hand, the amendment of article 15 of the law on the public prosecutor's Office has allowed us to see that the articles 90 to 92 of the qualified law of Justice well they were persistent in relation to the provisions of the law on the public prosecutor's Office, well you are from now on, and it is for this reason that derogate under article 4 of the law.
Finally, the final provisions second and third Government entrusted the publication of consolidated texts and determine the date of entry into force of the law, respectively.
Article 1. Modification of the third paragraph of article 11 Will modify the third paragraph of article 11 of the law of Justice, on 3 September 1993, in which capacity he was to the article 3 of law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993, and introduces a new fourth paragraph in article 11 mentioned , which are written as follows: "Article 11

[…]
The remuneration of the batlles and magistrates has, if any, of the following concepts: a) Base salary, according to the categories of Mayor and magistrate.
b) premium grade staff, depending on the degree that corresponds to each judge or magistrate.
c) premium destination, to the busy square, according to the classification of places approved by the Superior Council of Justice.
of additional liability premium top level) for the functions performed in respect of the own of the Plaza, so additional, temporary or transitory, and also for the designation in the Presidency of a judicial organ.
e) Complement of productivity, not to be consolidated, to overcome the levels of quality and amount of work established by the High Council of Justice, in accordance with the established judicial activity modules.
f) premium of antiquity, for every three years of service as a mayor or magistrate close to the administration of Justice.
The remuneration of the batlles and magistrates are governed by the annual tables that are attached as annex I of the law. "
Article 2. Article 30 modification modifies the article 30 of the law of Justice, on 3 September 1993, which was modified in turn by the article 11 of the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993, and is worded as follows : "Article 30 the members of the High Council of Justice will receive the bonus in the annual table is attached as annex II of the Act, at the expense of its budget, in accordance with the good dedication in the performance of the functions that are assigned to it."
Article 3. Amendment of section 1 of article 64 bis modifies section 1 of article 64 bis of the law of Justice, on 3 September 1993, in which capacity he was by the article 44 of the law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 , and is worded as follows: "Article 64 bis 1. The judicial career includes the categories of Mayor and magistrate. The magistrates are intended for the Council, and the magistrates, the Court or courts in the High Court.
[…]”
Article 4. Amendment of section 4 of article 66 bis modifies the article 66 section 4 bis of the law of Justice, on 3 September 1993, which was a capacity for the article 46 of law 28/2014, July 24, qualified for the modification of the law of Justice, on 3 September 1993 , and is worded as follows: "Article 66 bis 4. The Court is composed of five members and is presided over by the president of the High Council of Justice or a member in whom he may delegate this function. Form part of another Member of the High Council of Justice and three more members appointed by the High Council of justice among the magistrates of the Court of Corts and of the Superior Court, and university professors and other legal professionals with a minimum of fifteen years of experience. When you select an Assistant Prosecutor, you can also join the Attorney general.
[…]”
Article 5. Repeal of articles 90, 91 and 92 92 91 90 articles and repealing of the law of Justice, on 3 September 1993.
Article 6. Addition of an annex and an annex is inserted and the qualified law on justice, on 3 September 1993, which is worded as follows: Annex i. Annual Tables of the remuneration of the batlles and magistrates (in euros gross/year).






Base salary grade premium Batlle in 40,300.00 Mayor of first grade, Deputy Mayor and Mayor 59,098.00 substitute Mayor of Mayor of 59,098.00 29,562.00 59,098.00 14,781.00 second grade third grade Magistrate, magistrate and judge Emeritus with dedication full 88,660.00 Judge degree with full dedication 88,660.00 7,280.00 Judge, magistrate and judge Emeritus with partial dedication 29,549.00 Magistrate degree with partial dedication


29,549.00 2,561.00 target productivity premium premium Puzzle-responsabi mind-additional Add-on nullity old Batlles attached instruction sections 3,250.00 Magistrates with full attached with main character to the room of the Civil Court of Justice 3,250.00 Magistrates with partial dedication attached with main character to the room of the Civil Court of Justice 1,625.00 Magistrates assigned to the civil sections , and children, and magistrates with full attached to the Court of Corts and the criminal and administrative of the High Court of justice between 0 and 3,250.00 Magistrates with partial dedication attached to the Court of Corts and the criminal and administrative of the High Court of justice between 0 and 1,625.00 President of the Court of Batlles 10,400.00 President of the Court of Corts 3,900.00 President of the High Court of Justice 3,900.00







Batlles and magistrates with full dedication















1,300.00 Magistrates with partial dedication 390.00 Article 7. Addition of an annex II annex II a is introduced to the law of righteousness, on 3 September 1993, which is worded as follows: Annex II. Annual table of the bonus of the members of the High Council of Justice (in euros gross/year).






President 26,600.00 Vice President 18,800.00 Vocal 52,000.00 bonus first transitional provision 1. If as a result of the application of the amounts that correspond to the salary indicated in the law and concepts that consist of base salary and, where appropriate, also in the degree, the salary that you have to register for these concepts, the Mayor, the judge or Assistant Prosecutor concerned is less than the salary that was paid prior to the date of the entry into force of the law mentioned by salary concepts consisting of the base salary ( 100), the compensation preufetera (101), fixed diets or the regularization of the DSA (727 or 751), the raw Justice (272) and the premium of the Presidency (272), continues to receive the difference in result, which happens to integrate a new plugin called "absorption" until, eventually, reach the degree by virtue of which the worker will receive the amounts corresponding to this difference by reason of the salary indicated in concepts of law. In this case, however, the magistrate concerned does not receive the amount that corresponds to the additional liability premium established by the law, although in accordance with the provisions that they contain may be entitled to receive it, and only receive one quarter of the amounts that correspond to the productivity premium and premium provisions of law, if you agree with the provisions that it contains has the right to receive them.
2. If as a result of the application of the amounts that correspond to the salary indicated in concepts of law and consisting of the base salary and the salary grade, you have to register for these concepts, the Mayor, the judge or Assistant Prosecutor concerned is higher than the salary that was paid prior to the date of the entry into force of the law mentioned by salary concepts consisting of the base salary (100) , the compensation preufetera (101), fixed or the regularization of diets diets (727 or 751), the raw Justice (272), the premium of the Presidency (272), the staff complement of antiquity (105), the seniority premium (106), the staff of permanence (118) and/or the premium of permanence (119), cease to perceive the amounts corresponding to the premiums and accessories reviewed It will not target and productivity add-ons that established by law, and will receive only one quarter of the amount corresponding to the additional responsibility supplement provisions of law.
3. Notwithstanding the provisions of paragraph 1 of this transitional provision, apply a decrease to magistrates and prosecutors attached to third grade, and the magistrates and judges of higher grade, you receive one or more of salary concepts that consist of personal premium old (105), the seniority premium (106), the staff of permanence (118) and the premium of permanence (119). In particular, the amounts corresponding to the concepts mentioned salary will be detretes of the amount of the premium or, in the case of the magistrates who have not achieved the degree, of the amount of the remuneration base, that the appropriate register in accordance with this law.
The drawdowns will be applied provided that in the case of amounts for Add-ons or bonuses accrued prior to your entry into the judicial or tax, or part of these amounts that have been accrued subsequent to its entry into the judicial or Prosecutor and not falling over a period of three years, the fixed amount that members of the judicial or Prosecutor perceive in concept of antiquity premium to the date of the entry into force of law, namely 270.86 euros gross per month.
Second transitional provision 1. Without prejudice to the provisions of the second paragraph of the first transitional provision, salary concepts that consist of personal premium old (105), the seniority premium (106), the staff of permanence (118) and the premium of permanence (119) are deleted and are replaced by three new salary concepts called "seniority premium and", "ancient premium II" and "III" age premium. The "seniority premium and" will include the amounts for Add-ons or bonuses accrued by the members of the judicial or public prosecutor prior to his entry in this race. The "ancient premium II" will include the amounts for Add-ons or bonuses accrued by the members of the judicial or public prosecutor later on your entry in this race and that have passed over a period of three years, the fixed amount that they receive in the concept for this add-on in the date of the entry into force of the law, namely 270.86 euros gross per month. The "premium old III" will include the rest of the amounts as Add-ons or bonuses accrued by the members of the judicial or public prosecutor later on your entry in this race, as well as the amounts in the concept of the old nothing premium in accordance with the law.
2. salary concepts that consist of compensation preufetera (101), the raw Justice (272), the premium of the Presidency (272) and on fixed diets Justice (727 or 751) that eventually perceive the batlles and magistrates, whatever their degree, and the members of the High Council of Justice, are deleted and are replaced by the equivalent salary concepts or substitute provisions of law.

3. The concept that consists of the premium (110) is maintained until end the mandate of the Vice-President of the Court of Corts that you have been appointed to this position by the time that came into force the law 28/2014, qualified for the modification of the law of Justice, on 3 September 1993, in accordance with the provisions of the fourth transitional provision of the aforementioned Law. However, this concept happens to be renamed "additional liability premium" from the date of the entry into force of the law.
First final provision 1. Modifies the article 15 of the law on the public prosecutor's Office, of 12 December 1996, which is worded as follows: "Article 15 1. Without prejudice to the independence and the functional autonomy of the members of the public prosecutor's Office in connection with the batlles and magistrates, are understood to be included in the judicial for the purposes of the access to, the selection, appointment, promotion, training, administrative situations, and the rights and obligations, and apply the provisions of the law of Justice in these matters , unless the Law specifically regulating this.
2. The remuneration of the Attorney general and the attached tax is governed by the annual tables that are attached as an annex to this law. "
2. You enter an annex to the law of the public prosecutor, of 12 December 1996, which is worded as follows: Annex. Annual tables of the remuneration of members of the public prosecutor (in euros gross) remuneration Base grade Premium Tax 104,000.00 Tax 40,300.00 Deputy Prosecutor general practices of first grade second grade Tax 59,098.00 14,781.00 59,098.00 Deputy Prosecutor of third grade 59,098.00 29,562.00 Premium destination-old premium attached Tax 3,250.00 attorney general and prosecutors attachments






second final provision 1,300.00 bustle to the Government that a maximum period of three months from the entry into force of the law published in the official bulletin of the Principality of Andorra on the consolidated text of the law of Justice, on 3 September 1993, and of the law on the public prosecutor's Office, of 12 December 1996, which includes the changes introduced so far in these laws.
Third final provision this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 26 May 2016 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra