The only article, paragraph eight, of Law 46/2015 of 14 October, amending Law 39/2007 of 19 November of the military career, adds a new paragraph to Article 111 (2) of Law 39/2007, of 19 of November, which states that "the necessary measures shall be established to determine the cases in which the urgency procedure must be agreed upon in the procedures for the transition to the situation of suspension of functions."

Moreover, Article 31.2 of the Regulation on the acquisition and loss of military status and administrative situations of the professional military, approved by Royal Decree 1111/2015 of 11 December, assigns to the Minister of Defense the determination of these assumptions.

The declaration of urgency is based on public interest, as set out in Article 33 of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations. Therefore, it is necessary to establish that additional circumstances under investigation in judicial or disciplinary proceedings could constitute a violation of the public interest, specifically identified in the image of the Armed Forces or the rights of the suspects affected by such conduct.

During its processing, the draft of this ministerial order was informed by the professional associations with representation in the Council of Personnel of the Armed Forces, in accordance with Article 40.2.b) of the Organic Law 9/2011, of 27 July, of rights and duties of the members of the Armed Forces, and was given knowledge to the professional associations registered in the Register of Professional Associations of members of the Armed Forces, in accordance with the article 40.1.c) of the Organic Law 9/2011, of 27 July. Finally, according to the provisions of article 49.1.c) of the aforementioned organic law, it was informed by the Council of Personnel of the Armed Forces

Under its virtue, with the prior approval of the Minister of Finance and Public Administrations and in agreement with the State Council,

DISPONGO:

Article 1. Object.

This ministerial order aims to establish the assumptions in which it is deemed necessary to apply, to the procedures for the transition to the administrative situation of suspension of functions, the urgent procedure Article 33 of Law 39/2015 of 1 October 2015 of the Common Administrative Procedure of Public Administrations.

Article 2. Scope.

This ministerial order will apply to professional military personnel serving the Armed Forces who do not have the military status suspended.

Article 3. Application assumptions.

The urgency procedure will be applied in the following cases:

(a) When the military officer occupies a position that assumes the leadership of a unit, either organic or foreign of the structure of the Ministry of Defense, or is included in the process of assigning one of them.

(b) When the military is included in the scale areas published for evaluation for the promotion of higher employment, with its promotion planned, and until the time it could be produced.

(c) When the military officer holds a job to which he is employed by the election procedure.

d) Regarding the military against whom the remand would have been agreed.

(e) In the event of the conduct of acts involving direct injury to a third party, and that the third party and the alleged cause of the injury remain on the same basis, the watercraft, vessel or establishment where they were produced those acts.

Article 4. Emergency processing.

1. The declaration of urgency shall be agreed by the Minister of Defence or the competent authority to initiate the procedure for the suspension of duties.

2. The procedure shall be dealt with in accordance with Article 33 of Law 39/2015 of 1 October 2015.

Single end disposition. Entry into force.

This ministerial order shall enter into force on the twentieth day following that of its publication in the Official Gazette of the State.

Madrid, May 8, 2017. -Minister of Defense Maria Dolores de Cospepedal Garcia.