The Royal Decree 400/2012, 17 February, whereby the organic structure of the Ministry of the Interior, develops dedicated article 2 to the Secretary of State for security.
In particular its paragraph 3 refers to the coordinating bodies which depend on the Secretary of State for security: Cabinet coordination and studies, Personal inspection and security services and intelligence against terrorism and organized crime (CITCO) Center.
These bodies entrusted them functions directly related to activities in the field of security such as the fight against crime, organized crime, terrorism and violent radicalism or inspection of the actions carried out by the police or by the Civil Guard, among others, which can only be developed by members of the State security bodies and forces that has motivated that, to date, the positions of these coordinating bodies in the catalogue of jobs of the Secretary of State for security are occupied almost entirely only by such personnel.
In paragraphs 5 and 6 relate to the General sub-directorates depending upon the Secretary of State for security, which includes planning and management of infrastructures and means for security, the information and communications security systems, as well as the autonomous management of infrastructures and equipment of the security of the State body which depend also on the Secretary of State for security.
Next to these units, there is also a cabinet as the body of immediate assistance to the Secretary of State, as set out in paragraph 2.
All of them perform functions closely related to security, such as the development of the police databases, implementation of communications and information systems, policies on aliens and immigration, advice, etc., which also determined that these posts are occupied mostly by officials of the forces and State security bodies, although they also have a slope of competencies of management and specialty advising that their posts may be occupied by another staff officer of the General Administration of the State.
In addition, article 6 refers to the General Directorate of international relations and immigration, as governing body that depends on the Ministry of security, which exercise functions concerning international police cooperation and the General branches of international police cooperation and international relations, immigration and immigration depends.
Standards for the provision of the jobs of these units are currently that, as a general rule, apply to officials of the General Administration of the State, not being able to apply the specific regulations of provision of destinations of the national police or the Civil Guard, because its scope is confined to the catalogue of jobs of the General directions of the police or the Civil Guard respectively, more in keeping with the nature of the posts and staff who occupy them, on specific issues such as the publication of announcements in the Official Gazette of the Civil Guard or the order General of the Directorate General of the police, without demanding any publication in the «Official Gazette».
In this context, reasons of confidentiality and security of information, advise to fix a system that provides for the specific characteristics of the system of provision of the jobs of the catalogues of the units assigned to the Ministry of security, which does not have its own legislation, in the terms provided for in article 4 of the revised text of the law of the Basic Statute of the public employee approved by Royal Legislative Decree 5/2015, 30 October.
In order to have the necessary legal clearance for regular system, added a new disposal fifth to the organic law 2/1986, of 13 March, forces and security forces, through the first final provision of law 9/2015, of 28 July, national police personnel regime that enables the Government to regulate those specificities that refer, where appropriate, the procedure for the evaluation of the merits in the contests of provision of the jobs and the regime of advertising, including the eventual restrictions thereto and the guarantees of the rights of those concerned.
Also, is determined the system of provision of such posts contest or appointees, attending these reasons of confidentiality and security.
Use of such enabling proceeds to regulate a specific regime that set rules appropriate and consistent to the provision of those jobs, which are covering by officials of the national police or Guardia Civil, for reasons of confidentiality and security, avoiding exclusively in some of these units, and in others, so the application of the rules of civil servants of the General Administration of the State to that group You can adversely affect the provision of these squares to not to take into account their special circumstances.
The jobs of the catalogues of some units will be exclusive affiliation for personnel of the forces and bodies of State security, thus providing the necessary legal basis to a practice currently recognized through the catalogue of jobs. The possibility of jobs of the holders of these units, as well as other units assigned to the Secretary of State for security posts, may be occupied by other staff official of the General Administration of the State, in the terms provided in the corresponding catalogues is however, contemplates.
Take also advantage to determine the system of provision of those jobs, specifying the composition of the Commission that values the merits in specific competitions, most appropriate and commensurate with the characteristics of jobs and personnel of the forces and the State security bodies. Also settle those positions to be occupied by the appointees system, have assigned a complement of target level 26 or higher.
As for the publication of its call and its resolution, is limited exclusively to the General order of the General Directorate of the police and the Official Gazette of the Civil Guard, for those units whose exclusive assignment of their jobs is to staff the forces and State security bodies, all without prejudice to that also are published in the «Official Gazette» when the post can be occupied by other staff.
Also, provides the possibility of not to publish details of the holders of those jobs for which thus contemplating expressly in the own announcement, by reason of their special confidential or reserve in the resolution of the call.
By virtue, on the proposal of the Minister of the Interior, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of November 27, available: article 1. Object.
Establishing the specific arrangements of the system of provision of jobs in the catalogues of the units assigned to the Secretary of State of security, that do not have specific legislation, in the terms provided for in article 4 of the text revised for the law of the Basic Statute of the public employee, approved by Royal Legislative Decree 5/2015 , 30 October.
Article 2. Assignment of jobs.
1. jobs of the catalogues of Cabinet coordination and studies, the Centre of intelligence on terrorism and organized crime (CITCO) and inspection staff and security services, will be exclusive allegiance to officials of the State security bodies and forces.
2. the jobs of the catalogues of the other units assigned to the Secretary of State for security, as well as the posts of the holders of the units mentioned in the preceding paragraph, may be occupied, in addition to by officials of the forces and security bodies of the State, by other staff official of the General Administration of the State for reasons of the specialty of the functions of the posts, in terms specified in their corresponding catalogues.
Article 3. Forms of provision.
1. provision of the jobs referred to in article 1 will take place by the specific contest of merits or free designation procedures, in view of the nature of their functions, in accordance with what is determined in the catalogue of jobs, be governed by the corresponding calls.
2. in the specific contests the merits will be assessed by a Commission will be composed of two representatives of the unit which is assigned work which is called, which in case of tie of senior will settle with your vote, and two representatives of the General competent in the field of human resources of the Ministry of the Interior.
3. in any case, for reasons of confidentiality and security of information, will be provided by the appointees system jobs from the catalogs of units assigned to the Secretary of State for security that have assigned a complement of target level 26 or higher.
Article 4. Calls.
1. call and resolution of the jobs will be published only in the General order of the General Directorate of the police and in the Official Gazette of the Civil Guard.
2. Notwithstanding the above, the call and resolution of the jobs that can deal with other personnel of the General Administration of the State will be also published in the «Official Gazette».
3. in the resolution of the call are not published details of the holders of the jobs for which thus expected expressly in the own announcement, by reason of their special confidential or reserve.
First additional provision. Suppletive law.
In all matters not provided for in this Royal Decree shall apply the provisions of the regulations applicable to officials of the General Administration of the State.
Second additional provision. Adaptation of the catalogues of jobs.
The Undersecretary of the Department, on the proposal of the Secretary of State of security, within the period of six months shall refer to the Executive Committee of the inter-ministerial Commission on remuneration corresponding catalogues of jobs of the affected units, to adapt them to the provisions of this Royal Decree.
Third additional provision. No increase in public spending.
The application of the provisions of this Royal Decree does not imply increased public spending, nor provisions, remuneration or other staff costs.
Fourth additional provision. References.
References to the assigned to the Secretary of State for security units referred to in this Royal Decree shall be adapted to changes in the structure of the Department that affect them.
First transitional provision. Transitional arrangements on the provision of jobs.
1. until the corresponding catalogues of jobs adapted to the provisions of this Royal Decree to be adopted, the provision of those jobs be held as provided in the existing catalogs.
2. holders of jobs that may be affected by the provisions of this Royal Decree shall continue to play them. It will not be them of application for the purposes of its cessation. In this sense, the EESC in these positions will occur as appropriate depending on the mode of provision whereby it agreed to them.
Second transitional provision. Commission's assessment.
Once you have entered into force the law 40/2015, on 1 October, of legal regime of the Public Sector, the Commission's assessment that is regulated in article 3(2) will be composed of a representative of the Cabinet of the State Secretary of security, with the status of civil servant's career in service active, belonging to bodies or scales classified into groups of equal or higher level to contest positions and that in case of tie will settle with their vote, two representatives of the unit with which it is affiliated work which is called and a representative of the Subdirectorate-General competent in the field of human resources of the Ministry of the Interior.
First final provision. Skill-related title.
This Royal Decree is issued under cover of provisions in article 149.1. 18th and 29th of the Constitution, which the State given the exclusive competence to establish the basis of the statutory regime of public officials, and public security.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on 27 November 2015.
The Minister of the Interior, JORGE FERNÁNDEZ DÍAZ