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Order Pre/2840/2015, Of 29 December, Which Regulates The Course Of Complement To Training For Integration And Incorporation, On A Voluntary Basis, To The Scale Of Official Of The Guardia Civil, Regulated By The Law 29/2014, 28 Of Not...

Original Language Title: Orden PRE/2840/2015, de 29 de diciembre, por la que se regula el curso de complemento de formación para la integración e incorporación, con carácter voluntario, a la Escala de Oficiales de la Guardia Civil, regulada por la Ley 29/2014, de 28 de no...

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TEXT

Law 29/2014, of 28 November, of the Staff Regulations of the Civil Guard, regulates, in accordance with the provisions of its Article 1, the regime of the personnel of the Civil Guard, and specifically the professional career of its members. members and all those aspects that make it up. It also establishes a single Official Scale with new educational requirements required for incorporation into it, substantially modifying the regime of the official scales and the teaching system for access to them, referred to in Law 42/1999, of 25 November, of the Staff Regulations of the Civil Guard Corps.

Article 20 et seq. of Law 42/1999, of 25 November, provided for a training course which was mainly in the teaching centres of the Civil Guard and which varied according to the nature of the training. incorporation into the Higher Level of Officers, to that of Officers or to the Higher and Technical Faculty. While the studies carried out by those who would integrate the two Optional Scales served to complement the technical training, accredited with the university degree-diploma or graduate-required for admission, with the specific necessary for the performance of the tasks and the exercise of the faculties of the corresponding scale and the necessary military training, the studies carried out by the members of the other two Escalations of Officers were not university, but the article itself 20 cited the qualifications of the general education system. Thus, the teaching completed for the access to the Official Scale was equivalent to a university degree of first cycle, and the one for the access to the Superior Scale of Officers to a second-cycle university degree. Such approval only produced effects after the first job was obtained on the relevant scale.

The Law contemplates, as has already been pointed out, a single Official Scale, and changes the training system for entry into it, with the purpose, as recognized in its preamble, to give greater cohesion and homogeneity to the model of career of all Civil Guard officers and thus accommodate the Institute to the process of shaping the European Higher Education Area.

And thus, the incorporation into the new Official Scale requires that we have completed a teaching that includes the military training, the security body and the necessary technique for the correct performance of the tasks assigned to the members of the scale and, in addition, the necessary training to obtain a degree of university degree.

In this context, the additional provision of Law 29/2014 of 28 November 2014 establishes the integration into the new Official Scale according to the provisions of the same; the transitional provision provides for the the formation of such a Scale of Officers, from 1 July 2017, and regulates, in its transitional provisions second to eighth, the forms of incorporation to it of those who make up the four Escalations of Officers defined in Law 42/1999, of 25 November.

The second transitional provision determines that those from the Senior Officers 'Scale are in any case incorporated into the new Officers' Scale, while the incorporation of those from the Officers ' Scale, of the Higher Optional Scale and the Technical Technical Scale is voluntary.

The third transitional provision establishes the procedure for the incorporation into the new Officers ' Scale of the officers of the scales whose incorporation is voluntary. In order to ensure that integration into the new scale can be effective, it provides, as a necessary condition, to overcome a training complement course, the aspects of which need to be determined in regulation.

The intended course of training complement is intended to bring the level of training that has already been received for the exercise of directives into law and to increase their skills and knowledge and provide, where appropriate, to the members of the Officers ' Scale and the Technical Technical Scale, at the time of their incorporation into the new Scale, the academic recognition equivalent to the degree of university degree, under cover of what is determines in paragraph 3 of the transitional provision tenth of the Law.

The training complement course for the members of the Higher and Technical Faculty, starting from the specific training received for the performance of the tasks and the exercise of the faculties of the Scale of It must also take into account the responsibilities and functions which, once they are incorporated into the new Official Scale, may correspond to them.

The training complement course to be completed by the captains called, which together with the minimum time of employment of 1 September 2016, must also take into account the level of training required to obtain the training for the promotion of higher employment as required by Article 65 of the Law, without the evaluations laid down in Article 70 of the Act being applicable to them.

The purpose of this order is the regulation, for the different types of training complement course, of the aspects relating to its content, duration, timetable of implementation, rules of postponement, repetition, waiver, requirements for their overshooting and ratings and ratings regime. Both the programming and the development of the same, has been carried out with criteria of efficiency and addressing the needs of reconciliation of the professional and family life of the assistants.

The training complement course, in any of its different types, is not specifically or fully framed in any of the modalities in which the teaching in the Civil Guard is structured, in accordance with the Article 28 (3) of the Law, but it participates in general terms of the two training purposes which are established for the teaching in paragraph 1 of the same article 28 and some of its types of the purpose of training to which refers to Article 30 for further education.

Consequently, exceeding the course, will have no more effect than those provided for in Article 3 of this order.

In its virtue, on the proposal of the Ministers of the Interior and of Defense, and according to the Council of State, I have:

Article 1. Purpose.

This order is intended, in accordance with the provisions of the third transitional provision of Law 29/2014, of 28 November, of the Staff Regulations of the Civil Guard, to regulate the aspects relating to content, duration, timetable for implementation, rules for deferment, repetition, resignation, requirements for overcoming them and the arrangements for evaluations and qualifications for which the training supplement course, in its various forms, is to be carried out in order to enable the integration and incorporation into the Scale of Officers defined in the Law, of the members of The Officers ' Scale, Higher Optional Scale and Technical Optional Scale, as defined in Law 42/1999, of 25 November, of the Staff Regulations of the Civil Guard Corps, as well as the approval of the curriculum of each of the types of regulated course.

Article 2. Scope.

The provisions of this order shall apply to the members of the Escalas referred to in the preceding article, not affected by the exclusions or limitations referred to in paragraphs 1 and 2 of the second transitional provision of the Law 29/2014, of November 28, and that they have not renounced to exercise their right to the integration and incorporation to the Scale of Officers of Law 29/2014, of November 28.

In any case, performing the current term of the course will require the concurrent to be in the active service administrative situation.

Article 3. Effects of overcoming the course.

Overcoming the training complement course will have no other effect than to enable those who do so to integrate and incorporate the Official Scale into the terms provided for by the third phase of the training. Law 29/2014 of 28 November, and of providing, where appropriate, to those from the Official Scale and the Technical Optional Scale, at the time of their incorporation into the new Scale, the academic recognition equivalent to the university degree, in accordance with the provisions of paragraph 3 of the transitional provision tenth of the Law.

Exceeding, in addition, for the captains called to meet on September 1, 2016, the minimum times in such employment, the effects of training for the ascent established in article 65 of the Law, without the assessments set out in Article 70 of the same application shall apply.

Article 4. Types of courses.

Taking into account the scales of provenance referred to in the above articles, the following types of courses are established:

a) Those targeted to those coming from the Officers Scale.

(b) Those directed at those from the Officers ' Scale to carry out the training effects for the promotion of higher employment.

c) Those addressed to those from the higher optional scale.

(d) Those directed at those coming from the higher optional scale that entail the training effects for the promotion of higher employment.

e) Those addressed to those from the Technical Optional Scale.

Article 5. Object of the training complement course.

The object of this course is, depending on the type of the course, the following:

For the rates set out in paragraphs (a) and (b) of the previous article, the level of training they have already received for the exercise of directives when they are entered on their source of origin, as well as that of increase their skills and knowledge and the necessary to provide them, at the time of their incorporation into the new Scale, the academic recognition equivalent to the degree of university degree, under the terms of the 3 of the transitional provision of Law 29/2014 of 28 November 2014. In addition, it shall be the subject of the course for the type referred to in paragraph (b) referred to, the level of training necessary to obtain training for the promotion of higher employment required by Article 65 of the Law, without any implementation of the assessments set out in Article 70 thereof.

For the rates set out in paragraphs (c), (d) and (e) of the previous Article, to adjust the level of training they have already received for the exercise of directives when entering their port of origin, as well as that of to increase their skills and knowledge, starting from the specific training received for the performance of the tasks and the exercise of the powers they exercise in the course, the content of the course must take account of the responsibilities and functions that, once they are incorporated into the new Officers Scale, can correspond to them.

It will also be the object of the course for the type referred to in paragraph (d), of reaching the level of training necessary to obtain the training for the promotion to the higher employment required by article 65 of the Law, without the assessments set out in Article 70 of the same application shall apply.

It will also be the object of the course for the type indicated in the paragraph e), the necessary one to provide them, at the time of their incorporation to the new Scale, the academic recognition equivalent to the degree of university degree, to the amparo de lo que se determina en el apartado 3 de la disposition transient tententh de la Ley.

Article 6. Organization of the courses.

The Directorate General of the Civil Guard, through the General Staff Subdirectorate and its Head of Education, with the participation of the University Center of the Civil Guard, will be responsible for the organization and development of the different course types, according to the criteria that are set in this order.

Article 7. Calendar of courses.

From 30 April 2016 and from the same date of subsequent years, the Director General of the Civil Guard will have the necessary information for the publication, in the Official Gazette of the Civil Guard, of the calls for the various types of training supplement courses, so that, where appropriate, they may be initiated from 15 August of each year, the relations of those declared eligible to be published before 1 July of the next year.

Calls for courses shall include at least the following paragraphs:

a) Purpose.

b) Concurrent designation.

c) Place of development.

d) Periods of the course and dates of completion of the course.

e) Particular rules.

f) Economic regime.

g) Situation of the concurrent during the participation in the various periods of the course.

h) Resignations, postponements, repetitions, and downs.

Article 8. Lesson load and course periods.

Each course, according to its type, will have a teaching load ranging from 60 to 97 ECTS credits, according to the study plans listed in the corresponding annexes, and will be articulated in two periods, one not in person (a distance) and other in-person, which shall be organised according to the following criteria:

(a) Non-face-to-face period (at a distance): During this period, the specific rules governing the course and the documentation, references and information necessary for the development of the period.

In this period, which will be tutored, the concurrent will reconcile the service with the time of exclusive dedication to the course that is fixed in this order and that will be reflected also in the corresponding call.

b) In-person period: This period will be of an exclusive dedication and will be carried out in the training and/or training centers of the Civil Guard determined by the Director General of the Civil Guard in the corresponding call.

Article 9. Overall load and duration of courses.

The overall load of the training complement courses will adequately measure the effort to be made by the student, considering their situation in each period and the type of course.

The criteria for determining the overall load of courses and their duration will be as follows:

a) Criteria for determining the overall load:

For the purposes of this course, the aggregate of the ECTS credits allocated to each period of the different course types shall be taken into account, taking into account the following:

-In the non-face-to-face period (at a distance), they will be available as a time of exclusive dedication for their realization one (1) day of weekly service.

-In the in-person period, the concurrent will have exclusive dedication to the course and will be subject to the academic regime determined by the Director General of the Civil Guard in the corresponding call.

(b) The duration of the courses, depending on their type and the overall burden thereof, is set at a minimum of 29 weeks and a maximum of 45 weeks, excluding holiday periods. Of these, those for the non-face-to-face period may be between 10 and 20 weeks and those corresponding to the face-to-face period, between 16 and 28 weeks.

Article 10. Areas of knowledge, subjects and subjects.

To the sole effects of the provisions in this order, for each type of course established, their curriculum will identify the corresponding areas of knowledge, subjects and subjects of each of them, with the determination of the appropriations allocated to them.

You will also contemplate such a plan and in relation to the credits, the burden of the same that will be done in the different periods of the course.

It shall also expressly reflect, or in general terms, subjects or subjects which may be subject to validation or recognition.

Article 11. Course content.

1. The curricula of the different types of training complement courses, with the names referred to in the previous article, are set as set out in the various annexes of this order.

2. These plans will enable the following objectives to be achieved:

(a) Adecuate and enhance the capacity to exercise the new responsibilities that may correspond to them in the new Scale according to their scale of provenance, in the exercise of the operational, technical, logistic functions, administrative and teaching staff in the framework of public security or military missions which may be entrusted to them, and those which may also correspond to them in new jobs.

(b) Increase the capacity to exercise the responsibilities that may correspond to them in the exercise of the directives, including command and management and executive actions.

c) Potting leadership capacity, improving both oral and written communication techniques, exercising learning, analysis, synthesis, and trial skills with initiative and creativity, as well as skills to lead, organize, plan and work in complex organizations and deal with new situations, perfecting knowledge of negotiation techniques and conflict resolution.

d) Acrecentate the knowledge of the regulations enacted to achieve effective equality between women and men and, in particular, the measures taken in the field of public service.

e) Progressing in the knowledge and use of safety and health regulations at work.

f) Know and practice institutional relations in the exercise of command as a representative of the Corps.

g) Potentially knowledge of the competencies of the Body in certain functions assigned to it.

h) Act in accordance with the Code of Conduct that is required of every component of the Institution.

Article 12. Requirements for the improvement of the courses and arrangements for assessments and qualifications.

1. Non-face-to-face period (at a distance):

a) During this period, work will be carried out and questionnaires or other tests will be resolved, which should be, if necessary, referred to the teacher-tutor on the dates indicated for evaluation in the corresponding call.

The results obtained in this first evaluation by the concurrent in these activities will be qualified on a numerical scale from 0 to 10, with two decimal places. The average of these evaluations shall be the first note of the period at a distance, which shall be 40% of the overall note for that period.

The non-remission of any work, or of the questionnaires or tests proposed within the prescribed time limits, for reasons attributable to the concurrent, will constitute a zero rating (0) in the same.

(b) On the day of their submission to the current period, the concurrent shall carry out the written tests that are determined in relation to subjects included for their development in the distance. From the average of the results obtained in this second assessment, qualified in the same way as indicated in subparagraph (a) above, the second note of the distance period shall be obtained, which shall be 60% of the overall note for that period.

(c) The result obtained from the two notes of the non-face-to-face period after the application of the percentages indicated in the preceding paragraphs shall constitute the overall note of the same.

d) In the event of obtaining a global note from the period of less than five (5), the period shall also be submitted, taking into account the provisions of paragraph 2 (d) below.

2. In-person period:

a) The evaluation in this period will be initially by the system of continuous evaluation, following objective criteria. The overall note for the presential period will range from 0 to 10 points with two decimal places.

In order to exceed this period, it will be necessary to obtain a minimum rating of 5 or, if applicable, the qualification of "fit", in all the subjects that configure it.

b) If you do not exceed this period by means of initial continuous evaluation, you will perform a written test of each of the unsurpassed subjects.

(c) Those who do not exceed some or some of the written tests referred to in the preceding paragraph shall be subject to an extraordinary written test of each of the subjects not covered by this period.

(d) Those who do not exceed some or some of the written tests referred to in the preceding paragraph shall be subject to an extraordinary written test on all the subjects submitted in the period in-person.

(e) Those who in the non-face-to-face period have obtained a global note less than 5 and in the face period have obtained a note of more than five (5) and less than eight (8), must submit to a written test on the all the subjects in the non-face-to-face period. The test shall be carried out in conjunction with the test referred to in paragraph (d), if the circumstances of not exceeding the period described above are also met.

The note for this period would be obtained from the average of the notes obtained in the different subjects to which a numerical rating is assigned, once the tests described in paragraphs (b) and (c) have been carried out, if any, taking into account the qualification referred to in Article 16 to validated subjects or subjects.

In any case, the exceeding of the tests provided for in paragraphs (c), (d) and (e) shall be qualified with a note of 5 (5) or "fit".

The failure to exceed any of the tests referred to in paragraphs (d) and (e) shall mean the declaration of failure to exceed the course.

3. Failure to exceed some or some of the tests provided for in this article may be subject to a process of review of the qualifications, by application in writing to the Director of the teaching centre. Such review shall definitively determine the qualification assigned, unless the Director considers it appropriate to make the final decision to the Commission of Teaching provided for in Article 15.

4. The improvement of both the non-face-to-face and the in-person period shall mean the declaration of fit in the course, if one of the assumptions provided for in Article 13.3 is not present.

5. The overall rating of the course shall be obtained by the weighted average of the notes for the periods at a distance and in person, applying a coefficient of 1 to the overall note for the period at a distance and from 3 to that of the in-person period, taking into account the qualification referred to in Article 16 to the validated subjects or subjects. If the joint test provided for in paragraph e is concerned, the overall note of the course is, in any case, 5 (5).

6. The Foreign Language and Instruction and Training subjects, as well as the subjects or subjects that are specifically determined in the curricula of the different types of courses, will have an apt or unfit qualification.

7. For the sole purposes of annotation in the professional history of the person concerned and only as a reflection of the improvement of the course, a global qualification will be obtained, resulting from the assessment of the qualifications obtained in each of the subjects.

Article 13. Renunciation, deferment, discharge, repetition and non-improvement.

1. Published the relationship of concurrent to each course, will open a period of fifteen days so that the interested parties who so wish can resign. The waiver shall be made in writing addressed to the authority establishing the corresponding call and shall be considered, for all purposes, as a waiver to be incorporated on the Scale. The official who does so shall not be reconvened for the training supplement course, remaining on his/her scale of origin with the effects and in the terms laid down in the transitional provision eighth of Law 29/2014 of 28 November.

2. Members of the training supplement may also request, for one time, the postponement of the course by the same procedure laid down for the waiver, for exceptional reasons to be documented together with the the application to be made, including, where appropriate, the duration of the reasons. Exceptional reasons shall include the situations of pregnancy, childbirth or postpartum of the civil guard called. The postponement to the person who requested it will be reconvened for the first course of the same type, once the circumstances of the postponement have disappeared. After the course of the training supplement, the person concerned at the time when he is integrated will do so with the corresponding number and, where appropriate, seniority which would have been for him, if he did not mediate the postponement, according to his provenance.

3. In the training complement courses, it will be low for the following reasons:

(a) Low with option to new call, repeating for once, when there are failures of assistance greater than 20 percent of the school days corresponding to the duration of the period of the period of the course, for reasons justified as a result of sickness, pregnancy, childbirth or postpartum, adoption or reception, care for dependent children or relatives, paternity or service needs, which shall be duly justified.

When the absences do not exceed the limits set forth in the preceding paragraph, the concurrent option will be given to attend exams or tests on alternative dates, according to the academic regime that is determined and always before the completion of the course.

(b) Low shall be caused without option to repeat, and for the purposes specified in paragraph 1, when the following reasons are met:

1. Renunciation to continue the course.

2. High attendance rates without justified reasons in a percentage higher than 5 percent of the reading days corresponding to the duration of the course of the course.

c) When the concurrent, during the development of the in-person period, passes to an administrative situation other than that of the active service, it will cause discharge in the course of agreement as provided for in the following paragraph.

In case it will go to special services situations, leave of absence for family care, leave for reason of gender violence, leave based on the consideration of victim of terrorism, suspension of employment or Suspension of duties, the discharge in the course of action shall be considered for justified reasons, for the purposes of subparagraph (a) and with the option of a new call to repeat for once. In the case of a pass to different situations, it shall be deemed not to be justified on the ground, for the purposes referred to in paragraph (b), and therefore without a repeat option.

4. Failure to exceed the course by the concurrence of the circumstances referred to in Article 12 shall also produce the effects set out in paragraph 1 of this Article.

Article 14. Protection of maternity.

If during the course of the course, the civil guard, to be in a situation of pregnancy, childbirth, or duly accredited postpartum, adoption or reception, would be forced to a temporary absence or to cause low in the course, it may benefit from the following benefits:

(a) Where the absence is temporary, and does not exceed the limits provided for in Article 13.3.a), you will be given the option of taking examinations or tests on alternative dates, but always before the end of the course.

(b) Where the number of faults determined by Article 13.3.a is low, it shall be entitled not to return to the subject already exceeded, except where the concurrent shows its willingness to improve the qualification, which may never be lower than the already obtained. Once the circumstances that led to the discharge were finalized and the new course to which she is called, the interested party, at the moment it is integrated, will do so with the corresponding number, and, if necessary, seniority, which would have been not to have mediated the decline in the course, depending on the scale of the course.

Article 15. Teaching Committee.

1. In the field of the Head of Teaching, a Teaching Commission will be set up as a collegiate body to provide advice on training complement courses, with the participation of both the General Staff Subdirectorate and the Centre. University of the Civil Guard.

The Teaching Commission shall be chaired by the General Head of the Head of Teaching or the person to whom he delegates, acting as Secretary an Officer of that Head Office.

2. The following shall be members of the Teaching Commission:

(a) A representative of the Technical Secretariat of the General Staff Subdirectorate.

b) A representative of the Head of Teaching.

c) The Head of Studies or the person to whom the course is delegated to the teaching centre.

d) A representative of the University Center of the Civil Guard.

3. The Commission may carry out the following tasks:

a) Propose possible modifications to the curricula of the various courses.

b) Make proposals regarding the suitability of the concurrent in each of the periods of the various courses.

c) Report the various proposals for recognition or validation of the subjects or subjects of the various courses.

d) Report the review processes of the qualifications submitted by the Director of the relevant teaching centre.

e) Any other function that may be entrusted to you by the Head of Teaching in relation to these courses.

4. The Commission shall meet, convened by the President, in ordinary session, at least once in each academic year, and, on an extraordinary basis, when the President so decides or at least one third of its members so request.

When in the President's judgment the nature of the matter so requires, they may take part in the meetings of the Board, or in part of them, the persons whom it deems appropriate, who shall participate in a voice but without a vote.

Article 16. Validation and credit recognition.

1. The lieutenants colonels and commanders of the Officers ' Scale referred to in Law 42/1999, of 25 November, will be able to validate those subjects and subjects in the course of training for the performance of the duties of lieutenant. Colonel on the Officers ' Scale, provided they have similar reading and content.

To the assistants of other jobs, depending on their scale of origin, they will be validated the subjects foreseen in the corresponding curriculum.

The process of validation will be made by the Civil Guard's Head of Teaching, taking into account the respective curricula and the academic records of the interested parties, the result of which will be communicated to the same.

2. Upon application by the parties concerned, following the publication of the relevant call, they may be validated or recognised in respect of subjects and subjects, or the corresponding appropriations in their entirety for a period, whether or not provided for in the curriculum, in the light of their respective academic records or documentation provided.

These requests for recognition or validation of university teaching or other accreditation, will also be resolved by the Head of Education of the Civil Guard, following the report of the Commission of Teaching.

3. The granting or refusal of the validations and recognitions shall be communicated to the persons concerned, and against the resolutions which may be agreed upon, they may bring an appeal before the Deputy Director General of Personnel, in the established terms in Chapter II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

4. For the purposes of this order, the subjects or subjects which are the subject of validation or recognition shall be qualified with a note of 5 or, where appropriate, of the right.

5. The granting of the convalidations or acknowledgements in the subjects or subjects which are cured during the period of the presence shall produce as an effect the exemption of the assistance to the class corresponding to the subject matter or the validated subject, although the concurrency shall be maintained for the academic day to be determined, in accordance with the regime of the institution.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank are repealed to be opposed to the provisions in this order.

Final disposition first. Faculty of development.

The Director-General of the Civil Guard is empowered to make any provision for the development and execution of this order as well as for the amendment of its Annexes in accordance with the legislative amendments which they may be produced or where technological, educational or other advances always advise them to affect the contents of the specified annexes.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, December 29, 2015. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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