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The recent approval of the new organic structure of the Ministry of Justice operated by Royal Decree Royal Decree 453/2012, of 5 March, requires amending the Regulation of the Legal Service of the approved State, under the the final provision of Law 52/1997, of 27 November, of Legal Assistance to the State and Public Institutions, by Royal Decree 997/2003 of 25 July 2003, in order to ensure the due coherence and harmony between the rules of the Legal order relating to the General Counsel of the State-Directorate of the Service Legal status of the State.
The modification has organizational character and functional projection. It concerns the name and functions that are currently being played by both the Study Cabinet and the General Coordination and Audit Directorate.
The modification is intended to provide the General Counsel of the State-Directorate of the Legal Service of the State, in line with the organic structure of the recently approved Ministry of Justice, of a more agile structure that allow more efficient performance of their functions.
At present, the State Advocate at the Ministry of Justice receives the name of the Cabinet of Studies. Its name is not a faithful reflection of the functions and competencies that it has normatively attributed.
In fact, the Cabinet has also attributed the performance of the State's own functions in the ministerial departments to other functions such as the report in the law of the preliminary projects and projects of the provisions to be submitted for consultation of the General Counsel of the State-Directorate of the State Legal Service, or when they affect or may affect the Legal Service of the State, its organisation, operation and scheme of actions; (a) the preparation of the legislative proposals to be submitted to it or promoted by the General Assembly of the State-Directorate of the Legal Service of the State, reports, opinions or studies which, in the light of their special nature, are considered appropriate, as well as assistance to the corresponding higher bodies and directors of the Ministry of Justice, where they so require, for the preparation of the General Commission of Secretaries of State and Undersecretaries.
The above functions, in particular, considering that the Advocate General of the State-Director of the Legal Service of the State may ask this Unit to draw up the reports, opinions and studies it has as appropriate fully justifies a change of name. The Study Cabinet should be renamed "State Advocate in the Ministry of Justice-Cabinet of the State Advocate General."
On the other hand, the Study Cabinet has traditionally been attributed to the management of knowledge of the General Counsel of the State-Directorate of the State Legal Service. In particular, up to the present time, it was up to the Cabinet of Studies to promote research work and the organization of activities that aim to the knowledge and dissemination of matters and legal issues of scope national or international, as well as the organization of training and improvement activities of the officials of the State Bar, in coordination with the Center for Legal Studies, the National Institute of Administration Public and other training centres for civil servants.
Knowledge management now happens to be performed by the General Coordination and Audit Directorate. This redistribution of functions therefore seeks to ensure proper management of knowledge within the General Advocate General of the State in order to enhance this competence, which undoubtedly requires a redistribution of workloads. This requires, of course, a new name for the General Coordination and Audit Directorate to be renamed "General Coordination, Audit and Knowledge Management Subdirectorate".
Articles 13 and 72.1 of the Rules of Procedure concerning the status of the Advocate General of the State-Director of the State Legal Service in the cases of vacancy, absence or illness and of the Deputy Directors General or the Bar of the State-Head, respectively, whose appointment was to the Secretary of State for Justice. These forecasts do not correspond to the Royal Decree 1887/2011 of 30 December, establishing the basic organic structure of the ministerial departments, whose article 2 sets up the General Administration of the State-Directorate of the Legal Service of the State, with rank of Undersecretary, as one of the executive organs of the department depending directly on the Minister of Justice. In the same sense, Article 10 of Royal Decree 453/2012 of 5 March 2012, for which the basic organic structure of the Ministry of Justice is developed and amended by Royal Decree 1887/2011 of 30 December 2011, is being amended. establishes the basic organic structure of the ministerial departments. Therefore, since the State Department of Justice of the State of the State of Justice is no longer dependent on the State of Justice, but the head of the department, the Advocate General of the State-Director of the Legal Service of the State State as of the Deputy Directors General and the Attorneys of the Chief State should correspond to the Minister of Justice.
Finally, the second paragraph of the second paragraph of the Regulation of the State Legal Service is being reformed. This is achieved by greater legal rigour in its content, as the General Secretariat for Coordination, Audit and Knowledge Management will then ensure that the interpretative criteria and the procedural actions of the State Lawyers are comply with the instructions which, if any, would have been issued by the General Counsel of the State-Directorate of the State Legal Service.
In its virtue, on the proposal of the Ministers of Justice and Finance and Public Administrations, and after deliberation of the Council of Ministers at its meeting of June 29, 2012,
DISPONGO:
Single item. Amendment of Royal Decree 997/2003 of 25 July approving the Regulation of the State Legal Service.
Royal Decree 997/2003, of 25 July, approving the Regulation of the Legal Service of the State, is amended as follows:
One. The third paragraph of the Annex VII is worded as follows:
" The inspection functions will be performed, under the leadership of the State Advocate General-Director of the State Legal Service by the General Secretariat for Coordination, Audit and Knowledge Management, to the that the Regulation attributes, in addition to those functions, the coordination of relations between the State's Attorneys that perform consultative functions and the State Attorneys that perform contentious functions, the direction and coordination of legal assistance under the Convention, the special coordination of the Duties of the State-Secretaries of the Economic-Administrative Courts and the management of knowledge. "
Two. Article 3 (1) (c) and (e) of the Regulation shall be worded as follows:
" (c) The State Advocate in the Ministry of Justice-Cabinet of the Advocate General of the State, who is responsible for the report under the law of the preliminary draft and draft provisions to be submitted to the Attorney General's Office General of the State-Directorate of the Legal Service of the State, or when they affect or may affect the Legal Service of the State, its organization, operation and the system of actions, the elaboration of the normative projects that it is responsible for or promoting the General Counsel of the State-Directorate of the State Legal Service, reports, opinions or studies which, in the light of their special nature, are considered appropriate, as well as assistance to the relevant higher bodies and managers of the department, where they so require, for the preparation of the General Commission of Secretaries of State and Undersecretaries.
It also corresponds to the functions of a Minister of State of the Ministry in respect of the Ministry of Justice, in accordance with the provisions of Article 6.2.
e) General Secretariat for Coordination, Audit and Knowledge Management, which is responsible for the coordination of relations between State Attorneys that perform consultative functions and State Attorneys the management and coordination of the relations with the entities to which the Legal Service of the State provides legal assistance under the Convention; the superior coordination of the action of the Lawyers of the State State-Secretaries of the Economic and Administrative Courts, without prejudice to the coordination which corresponds to the General Secretary of the Central Economic and Administrative Court in respect of the State-Secretaries of the Regional and Local Economic and Administrative Courts; as well as the other functions of coordination that the holder of the General Counsel of the State-Directorate of the State Legal Service entrusts him, and the function of inspection or audit of the General Advocate of the State and its units and Attorneys of the dependent State.
Also, it is up to this Subdirectorate General to promote research work and the organization of activities that have the purpose of knowledge and dissemination of matters and legal questions at national or national level. and the organization of training and improvement activities of the officials of the State Bar, in coordination with the Center for Legal Studies, the National Institute of Public Administration and other training centres for officials. "
Three. Article 13 of the Regulation is worded as follows:
" The Minister of Justice shall agree to the request of the State Advocate General-Director of the State Legal Service in the cases of vacancy, absence or illness, failing which he shall be replaced by the holders of the subdirectorates-general in accordance with the order laid down in Article 3.1. '
Four. Article 61 (3), (4) and (5) of the Regulation are worded as follows:
" 3. Technical-legal inspection shall mean the control of the interpretative criteria of the legal regulations applied by the bodies and units subject to inspection in their consultative and contentious action, as well as the control of the action taken. a procedural document developed in defence of the interests of the entities represented before the courts and tribunals and, where appropriate, in extrajudicial and preliminary proceedings.
Lawyers in the State exercising this function must check in particular whether the interpretative criteria and the procedural action referred to have been in accordance with the instructions which, if appropriate, have been issued. the General Counsel of the State-Directorate of the State Legal Service.
4. The head of the Inspectorate of the General Administration of the State-Directorate of the Legal Service of the State corresponds to the head of the General Administration of the State-Directorate of the State Legal Service and will be Sub-Directorate-General for Coordination, Audit and Knowledge Management, without prejudice to the power of assessment which corresponds to the terms legally provided for.
5. The Deputy Director-General for Coordination, Audit and Knowledge Management shall be a member of the Coordinating Commission for General Services of Services of the Ministry of Education. "
Five. Article 63 (2) and (3) of the Regulation are worded as follows:
" 2. Irrespective of the provisions of the preceding paragraph, the Deputy Director-General for Coordination, Audit and Knowledge Management may entrust the Inspections of the Services with specific tasks in the field of inspection of areas. (a) functional or sectors of activity, as well as others of any nature of the competence of the Inspectorate of the General Counsel of the State-Directorate of the State Legal Service.
3. The above organisational criteria shall not prevent the performance of the Services Inspections in the inspection tasks entrusted to them by the holder of the General Counsel of the State-Directorate of the Legal Service of the State or the Deputy Director-General for Coordination, Audit and Knowledge Management, outside the assigned area or scope. "
Six. Article 64 (3) of the Regulation is worded as follows:
"3. The State Attorneys responsible for the inspection shall immediately communicate to the Deputy Director-General for Coordination, Audit and Knowledge Management any act that contravene the provisions of this Article and in particular:
(a) Any action aimed at undermining the independence of the inspector staff in respect of the organs and personnel under control.
(b) Acts involving obstruction or lack of collaboration in the development of inspection activities.
The refusal, obstruction or falsehood in the communication of the required information or in the access to the data requested for the performance of the inspection actions. "
Seven. Article 72 (1) of the Regulation is worded as follows:
" 1. In the cases of absence, vacancy or illness of any of the Deputy Directors General or the Lawyers of the State-Chief, they shall be temporarily supplied by the State Advocate appointed by the Minister of Justice. Failing that, the order of supply will be agreed by the State Advocate General-Director of the State Legal Service. In the absence of any such determinations, they shall be supplied by the State Advocate who is immediately lower in the employment relationship of the Subdirectorate or Advocate of the State concerned. If there are several, the supply will correspond to the oldest in the unit and, in the case of equality, the lowest number in the scale of the State Bar. "
Single transient arrangement. Remuneration of units and jobs with lower organic level than general sub-direction.
The units and positions of lower organic level than the general sub-directorate that are affected by the organic modifications established in this royal decree shall remain and shall be remunerated by the same budget appropriations, until the relations of jobs adapted to the structure of this royal decree are approved.
Final disposition first. Enabling regulatory development.
The Minister of Justice is enabled to develop what is foreseen in this royal decree.
Final disposition second. No increase in public spending.
The application of the provisions contained in this royal decree will not increase public expenditure and will be taken up with the resources available to the Ministry of Justice.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on June 29, 2012.
JOHN CARLOS R.
The Vice President of the Government and Minister of the Presidency,
SORAYA SAENZ DE SANTAMARIA ANTON
