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Law 7/2007, of 12 April, of the Basic Staff Regulations, provides, in Article 2.3, that the teaching staff shall be governed by the specific legislation dictated by the State and the Autonomous Communities in the field of their respective powers and the provisions of the Staff Regulations themselves, with the exceptions set out in that Article.
Article 10 of the Basic Statute, which defines the concept of an interim official and specifies the fundamental notes of its legal status, states in paragraph 2 that the selection of such officials shall be made by means of procedures for equality, merit, capacity and publicity.
In this regard, Royal Decree 364/1995, of March 10, approving the General Staff Regulations for the Service of the General Administration of the State and the Provision of Jobs and Promotion Professional of Civil Servants of the General Administration of the State, includes in its scope the teaching staff, researcher, health care and postal and telecommunications services, as not provided for by the rules In the absence of regulatory regulations to regulate this aspect, the Commission has to ensure that the The said Royal Decree is applicable.
The experience and information obtained during the period of validity of Order EDU/1482/2009 of 4 June 2009, which regulates the training of lists of applicants to be placed in an interleness system in places of the teaching bodies referred to in the Organic Law 2/2006, of 3 May, of Education, in the cities of Ceuta and Melilla, and the need for updating, advise to introduce some modifications in the same respect to the making of the lists of applicants to be covered by the interinity of the respective bodies or specialties.
In particular, it has been sought to strengthen the connection between the general requirement to present to the selective procedures called, if necessary, by this Department for the entry into the corresponding teaching body and craft, and the training of the list of applicants to be placed in an interim position, by amending the provisions relating to extraordinary calls which may be made when the number of applicants with whom they are expected to be there are some specialties that are insufficient to meet the needs of teachers in the appropriate school year.
In this same sense, it is established that the list of applicants who have their origin in such extraordinary calls, given their character, will be maintained for the particular course in which they would have been carried out.
For the elaboration of the order has been consulted with the most representative Trade Union Organizations and has been informed by the Superior Commission of Personnel.
On the basis of the above, after approval by the Minister of Finance and Public Administrations, I have:
Single item. Amendment of Order EDU/1482/2009 of 4 June 2009 regulating the formation of lists of applicants to be placed in the system of interinity in places of the teaching bodies referred to in the Organic Law 2/2006, of 3 May, Education, in the cities of Ceuta and Melilla.
Order EDU/1482/2009, of 4 June, which regulates the formation of lists of applicants to be placed in a position of interinity in places of the teaching bodies referred to in the Organic Law 2/2006, of 3 May, Education is amended as follows:
One. In Article 3. List of applicants, the last subparagraph of paragraph 4 shall be deleted, as follows:
" 4. In those academic courses in which no selective procedures for entry into one or more bodies or specific specialties of such bodies are called, the lists of applicants to be filled with an interinity shall be considered to be extended. of the respective bodies or specialties corresponding to the previous course, and the applicants who form these lists shall be maintained, provided that, by the date of 30 June, they have remained on the lists of interinity of that course, without prejudice of what is indicated in Article 5.4 of this Order. "
Two. Article 13 is amended. Performing extraordinary calls, which is worded in the following terms:
" 1. The implementation of extraordinary calls for the selection of applicants to fill positions of interinity in those specialties in which the Provincial Directorate provides for the possibility that the number of applicants the same is insufficient to meet the needs of teachers for this course, it will require the prior authorization of the General Staff Subdirectorate of this Department.
The scale of such calls shall be in accordance with the provisions of Annex I to this Order, with the exception of the merit referred to in paragraph II. Score obtained in the phase of opposition of the selective procedures '' which will not be the subject of the brailing. Such calls may incorporate the evidence deemed appropriate for the selection of applicants. These tests will be qualified with "fit" or "not suitable", and those aspirants who do not exceed them cannot be included in the list.
The applicants for these calls shall meet the requirements set out in Article 4 of this order, except where they have been submitted to the selective procedures referred to in paragraph 1 (b). of that article.
2. The lists of applicants to be formed as a result of these extraordinary calls will be maintained for the particular course in which they would have been completed.
3. If it is estimated by the corresponding Provincial Directorate that for some of the teaching specialties for which it was necessary to hold extraordinary convocation in the previous course it was necessary, to persist the needs of (a) to make a new call with this character for the following year, the applicants who were admitted and their merits on that call, in the event that they submit a request for this new call, shall not be required to to prove the merits already alleged and justified, providing, only, those which have been perfected after the date of completion of the time limit for the submission of applications and documentation of the previous call, provided that the maximum score of the relevant paragraph has not been obtained; or sub-paragraph of the scale of merit, without being also necessary for the selective testing to be carried out again, for it has already been exceeded before. These applicants, in the event that they have been submitted to the extraordinary call for the 2011/2012 course, shall not be taken into account for the score assigned to them in paragraph II of the scale concerning the opposition phase of the selective procedures. "
Single end disposition. Entry into force.
This order shall enter into force on the day following that of its publication in the "Official State Gazette".
Madrid, June 25, 2012. -Minister of Education, Culture and Sport, José Ignacio Wert Ortega.
