I

Law 52/1997, of 27 November, of Legal Assistance to the State and Public Institutions, as expressed in its explanatory statement, sought to provide an effective response to the need to provide legal assistance to the State. according to the postulates of a modern administration, austere, effective and with full submission to the Constitution and to the rest of the legal system. Royal Decree 997/2003 of 25 July, which is now being amended, by means of the regulatory clearance contained in the fifth additional provision of that law, has been in line with the achievement of that objective by adapting the regulation of the Legal Service of the State to the needs of efficient, current and quality legal assistance. After several years of the law and the regulation that develops it, the need for attention has been shown to certain situations requiring a normative reform: the experience in the operation of certain units of the State advocacy and the need to strengthen coordination in the conduct of certain issues because of their qualitative and quantitative increase are the pillars of this project.

Therefore, the basic objective of this reform is the efficient and immediate attention to the demands of the comprehensive legal aid to the State Public Sector. This requires an instrument that, overcoming the traditional model of organic allocation of personnel within the State Legal Service, allows for greater flexibility that allows to adapt to the needs of each moment: the Departments specialized.

II

The proposed changes in the management center organization are based on several reasons:

The experience accumulated during the time since the entry into force of the Regulation of the State Legal Service has come to underline the usefulness and increasing importance of the Inspection of the Services, through its audit functions (quality surveys, study of workload, monitoring of the implementation and use of specific IT applications, control of dedication, etc.), in the drive of the established improvement of the delivery of the legal assistance by the State Legal Service.

To this, it joins that, in the future, it would have to deal with the sophisticated tasks of evaluating the performance imposed by article 20 of Law 7/2007, of April 12, of the Basic Staff Regulations, with important consequences in the fields of remuneration, training, career and professional promotion, and even the cessation of jobs obtained by means of a competition established by that law.

In the interest of the noted and necessary relevance of the audit functions, which has its cause not only in the aforementioned application of the regulations on the public function, but in the increase of the quality, efficiency and attention of the legal assistance provided and its specific assessment, it is necessary to discharge to this Subdirectorate the functions of the State Advocate at the Ministry of Justice, thus becoming the Deputy Director General of Coordination and Audit.

Such functions of the State Advocate in the Ministry of Justice are assumed by the Cabinet of Studies, a more rational solution than that adopted so far for two fundamental reasons: firstly, because it allows to integrate the production and regulatory proposals with direct and permanent advice to the proposing bodies; and secondly, because it rationalises legal aid in the Department of State Advocacy, until now bifurcated between the holder of the General Administration of the State-Direction of the Service State Legal and State Advocate at the Ministry.

On the other hand, the merger of the State Advocate before the European Court of Human Rights and the State's Advocate before the Constitutional Court in the Subdirectorate General of Constitutional and Human Rights, exceeds the fragmentation between the application of domestic law and the application of international conventions and conventions on human rights, which we recall, are an interpretative parameter of fundamental rights and public freedoms for the sake of Article 10 (2) of the EC Treaty. The traditional organization of the State Legal Service in the Constitutional and Human Rights field, which distinguishes two units, suffers from the evident interrelation in the contentious and consultative matters of each of them. In particular, the exhaustion of previous judicial channels at national level, which is often required as a condition for recourse to international human rights tribunals-especially the European Court of Human Rights Human beings-it is translated into a previous appeal, so that the processes raised before the Constitutional Court and before these courts are in many cases closely related. It is thus achieved that the same unit knows of the use of amparo as a means of exhaustion of the internal resources and of the eventual demand before the European Court of Human Rights.

On the other hand, the allocation of functions for the preparation of reports, studies and memories which, in coordination with the other bodies of the General Administration of the State responsible for the matter, must be presented In the face of the treaties and other mechanisms of the United Nations responsible for the safeguarding of human rights, it is a manifestation of the commitment of the State Advocate in a correct and effective assistance to the Kingdom of Spain in such fundamental What will have to be done in an increase in the correct application and constant improvement in the implementation of international instruments on human rights protection.

Consequently, the "State Advocate" Unit is inserted before the European Court of Human Rights and other competent international bodies in the field of the safeguarding of human rights, now directly dependent on the Advocate General of the State, in the General Subdirectorate of the General Advocate of the State so far called "State Advocate before the Constitutional Court", which is referred to as the "Subdirectorate-General of Constitutional and Human Rights".

III

The introduction in the Regulation of the Legal Service of the State of the possibility to constitute "Departments" is intended to achieve the specialization of the State Lawyers by matters, thus favoring the continuity in the way of the process and its control, the contact with the represented and defended body and the greater integration between the contentious and consultative function, in addition to serving of effective instrument of safeguarding of the principle of unity of doctrine, whose achievement entrusts the Government with the additional fifth provision of the Law 52/1997, dated November 27.

This instrument combines the necessary maintenance of a hierarchical organization-which ensures the principle of unity of criteria-and a stable structure of personnel, with the reality that the provision of legal assistance depends, on its intensity and on the capacity of the reaction, both on the specialization by orders or subjects and on the relationship of trust with the client-administration.

This requires an easing in the allocation of human resources according to the specific circumstances that may arise. To ensure speed in the adaptive response, the Departments are conceptualized as mere reallocation of personnel by means of the Job Relation instrument.

IV

With the aim of improving the adaptability of human resources in the interests of greater efficiency, the regulatory provision allowing for the special designation of State Attorneys for certain purposes is modified. (a) the training of working groups. This article, in its original wording, already introduced a margin for this flexibility in adaptation, which is improved. From now on, the special designation of Advocate may include the coordination of certain legal areas and such designation may be made, not already for a State Advocate, but for an organ which is integrated by them.

Other changes are due to the need to update the regulatory referrals that the regulation makes or references to the organs and units whose denomination or organization is altered by this reform.

Finally, a third set of amendments are mere technical clarifications or organizational matizations that the practice of more than six years in the application of the Legal Service Regulation advises.

In its virtue, on the proposal of the Minister of Justice and the Minister of the Presidency, after deliberation by the Council of Ministers at its meeting on 5 March 2010,

DISPONGO:

Single item. Amendment of Royal Decree 997/2003 of 25 July approving the Regulation of the State Legal Service.

The Regulation of the State Legal Service, approved by Royal Decree 997/2003 of 25 July, is amended as follows:

One. Article 1 (3) (i) shall be worded as follows:

" i) The promotion of research work and the organization of activities aimed at the knowledge and dissemination of matters and legal issues at national or international level, as well as the organization of training and further training of the staff of the Legal Service of the State, in coordination with the Centre for Legal Studies, the National Institute of Public Administration and other training centres for civil servants. "

Two. The current subparagraph (l) of Article 1 (3) shall be deleted, as the wording of paragraphs (j) to (p) shall be as follows:

" (j) Legal assistance in the field of European Union law, as well as the representation and defence of the Kingdom of Spain before the courts of the European Union.

k) How much is related to the representation and defense of the State, autonomous organizations, other public bodies and entities, state mercantile societies or foundations with state participation, when this is the case law or conventionally, and constitutional bodies to any jurisdictions or prejudicial or extrajudicial proceedings abroad.

l) The representation and legal defense of the Kingdom of Spain before the European Court of Human Rights, corresponding to the study and preparation of reports, observations and memories to be presented to the European Court of Human Rights, compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and their Protocols. They also correspond to the same functions before any competent international bodies in the field of safeguarding human rights, in accordance with the international treaties in force in Spain.

m) The legal assistance of the Kingdom of Spain in other international bodies.

n) The management of the registry, archive and statistical services; the economic, financial and budgetary management of the State Legal Service, as well as the administration and management of the State Bar, the periodic publication of the scale of such a body and any other functions within the economic and financial field and personnel which are not attributed to other higher bodies by the legal system.

n) The proposal for a resolution of the various procedures for the provision of jobs attached to the State Legal Service and exclusively reserved for the State Bar.

o) The inspection of services dependent on the General Administration of the State-Directorate-General of the State Legal Service and, where appropriate, the exercise of disciplinary authority.

p) The exercise of the remaining functions that the legal order attributes to you. "

Three. Article 3 (1) is worded as follows:

" 1. The General Counsel of the State-Directorate of the Legal Service of the State, under the top management of its holder, is organized in the following Subdirectorates General:

(a) Subdirectorate General of the Advisory Services, which has entrusted the functions that correspond to the management center with respect to the legal advice of the General Administration of the State and its agencies autonomous communities, as well as, where appropriate, the other public bodies and entities, state-owned commercial companies and foundations with state participation, autonomous communities and local corporations. In particular, it is up to the holder of the General Administration of the State-Directorate of the Legal Service of the State to approve the reports on cases of lesivity referred to in Article 1.3.d. It is also the responsibility of ensuring the effectiveness of the principle of unity of doctrine in the advisory field, through the formulation of general criteria of legal advice for lawyers and lawyers of the State.

(b) Subdirectorate General of the Accounting Services, which corresponds to the exercise of the functions attributed to the management center in relation to the representation and defense of the State and its autonomous organizations, as well as other public bodies and entities, state-owned commercial companies and foundations with state participation, autonomous communities and local corporations, where appropriate, and constitutional bodies, before any jurisdictions and bodies jurisdiction, conflicts of jurisdiction and disputes and questions of jurisdiction and the judicial and judicial procedures in which the State, bodies, entities, companies and foundations and other entities and bodies referred to are concerned. It is also for the report of the complaints before the civil and labour court, in cases where the opinion of the management centre is sought, and of the files for the payment of costs to be condemned by the State when it is controversy. It is also the responsibility of the State to ensure the effectiveness of the principle of unity of doctrine in the field of contentious functions, formulating general criteria for action in the case of lawyers and lawyers of the State.

It also corresponds to the exercise of the functions attributed to the management center in relation to the representation and defense of the organs and entities referred to when it is legally or conventionally applicable, before any jurisdiction or judicial and extrajudicial proceedings abroad, except as provided for in paragraphs (d) and (f) of this Article, with the cooperation of the State Advocate in the Ministry of Foreign Affairs and Cooperation.

(c) the Cabinet of Studies, which is responsible for the report on the law of the preliminary draft and draft provisions to be submitted to the General Counsel of the State-Directorate of the State Legal Service, or when affect or may affect the Legal Service of the State, its organisation, operation and scheme of actions, the preparation of the legislative proposals which charge it or which promotes the General Administration of the State-Directorate of the Service Legal status of the State, reports, opinions or studies which, by their special nature, are considered appropriate, as well as the assistance to the corresponding senior organs and managers of the department, where they so require, for the preparation of the General Commission of Secretaries of State and Undersecretaries. Likewise, it is up to the Study Cabinet to promote research work and the organization of activities aimed at the knowledge and dissemination of matters and legal issues at national or international level, as well as the organisation of training and training activities for officials of the State Bar, in coordination with the Centre for Legal Studies, the National Institute of Public Administration and other training centres officials.

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 of this Regulation.

(d) Subdirectorate-General for European and International Union Affairs, which corresponds to the legal direction and representation and defence of the Kingdom of Spain to the courts of the European Union, and to the International Criminal Court, according to the procedures provided for in the Organic Law 18/2003 of 10 December, of Cooperation with the International Criminal Court; this legal address, representation and defense will be extended to the the constitutional and autonomous bodies, other bodies and public bodies, commercial, state or foundation companies with state participation, where this is the case legally or conventionally. It is also up to the legal aid in the field of European Union law. In particular, that Subdirección will provide legal assistance to the Permanent Representation of Spain to the European Union, in accordance with Royal Decree 260/1986 of 17 January of the creation of the Permanent Representation of Spain to the European Communities. Finally, it is up to the competent bodies of the Ministry of Foreign Affairs and Cooperation to cooperate in legal assistance in infringement proceedings opened by the European Commission against the Kingdom of Spain. All this with the exception of the provisions of paragraph (f) of this Article 3.1.

This Subdirectorate General is integrated, under the Head of its Deputy Director General, by the State Advocate before the Court of Justice of the European Union, by the State Attorneys who, if necessary, could act as a compliance with the provisions of article 1.5 of Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions, as well as by the State Attorneys who serve as Legal Advisers in the Representation Permanent of Spain to the European Union and any State lawyers believed for the assistance the legal status of the Kingdom of Spain vis-à-vis international bodies, with the exception of paragraph (f) of this Article 3.1.

Lawyers of the State of the State of Law before the Court of Justice of the European Union shall be appointed Agents of the Kingdom of Spain by the Minister of Justice, on the proposal of the Minister of Foreign Affairs and Cooperation.

All without prejudice to the functions attributed by its regulations to the International Legal Counsel of the Ministry of Foreign Affairs and Cooperation as an advisory body on International Law, which will collaborate with This Subdirectorate-General is provided with advice in this field.

(e) General Secretariat for Coordination and Audit, which corresponds to the direction and coordination of the relations with the entities to which the Legal Service of the State provides legal assistance under the Convention, the coordination of the actions of the State-Secretaries of the Economic and Administrative Courts, as well as the other functions of coordination that the head of the General Administration of the State-Directorate of the Legal Service of the State entrusts, and the function of inspection or audit of the State Advocate General and its Dependent State units and lawyers.

f) Subdirectorate General of Constitutional and Human Rights, to which the representation and defense in judgment in the Constitutional Court of the State and its autonomous agencies and, where appropriate legal or conventionally, of the other bodies and public entities, state mercantile societies and foundations with state participation, and of the constitutional bodies in the legally established terms, as well as, where appropriate, of the autonomous communities and local authorities; in the same way, it will develop on procedural or substantive matters arising from the approach or processing of constitutional procedures, as well as, in particular, advice, when requested by the Government or any of its members, on the constitutionality of the preliminary draft and draft provisions of any rank to be submitted for approval, and the examination and report in law, at the request of the Government or any of its members, of the provisions or resolutions of the communities Those who are likely to be challenged before the Constitutional Court.

It also has the functions of representation and legal defense of the Kingdom of Spain before the European Court of Human Rights, the study and preparation of reports, observations and reports to be presented to in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and their Protocols. It may also correspond to all or some of the same functions to any other body responsible for the protection of human rights, in accordance with the provisions of international treaties in force in Spain. It may also provide the necessary legal advice in the study and preparation of reports, observations and reports to be submitted to any other UN mechanisms responsible for safeguarding rights. human.

This Subdirectorate-General is composed, under the Head of its Deputy Director General, by the State Advocate before the Constitutional Court, and the State Advocate before the European Court of Human Rights and other organs

a) the competent authorities of the Member States in respect of human rights.

The State Attorneys assigned to this Subdirectorate General shall have the status of Agents of the Kingdom of Spain for the purposes of the European Convention on Human Rights and Fundamental Freedoms, and shall be appointed by royal decree joint proposal by the Ministers for Foreign Affairs and Cooperation and Justice.

In the exercise of the duties entrusted to them, these State Attorneys shall have the following powers:

1. To obtain from the judicial bodies, the departments of the Ministry and the authorities of the State, Autonomous Communities and Public Administrations, in general, the information in fact as well as the collaboration that is necessary for the correct representation in matters affecting the Kingdom of Spain, either before the European Court of Human Rights and other human rights bodies of the Council of Europe, or before any other treaty bodies and other mechanisms of the United Nations responsible for the safeguarding of human rights.

2. When requested, advise the representation of the Kingdom of Spain to the Council of Europe and to the United Nations, in matters and procedures on human rights which concern the latter.

3. To advise the authorities of the State on all matters of a legal nature that affect the European Convention on Human Rights and its protocols, as well as to other international treaties in this field.

The Subdirectorate-General of Constitutional and Human Rights shall exercise its powers without prejudice to coordination with other bodies of the General Administration of the State responsible for the matter, in particular of the Ministry of Foreign Affairs and Cooperation.

g) General Secretariat, which is responsible for the functions of assistance to the head of the General Administration of the State-Directorate of the State Legal Service in the field of management of registry, archive and statistical services, economic, financial, budgetary and internal management of the management centre, as well as the administration and management of staff included in the employment relationship of the General Counsel of the State-Directorate of the Legal Service of the State, the annual production of the scale of said body for subsequent insertion into the "Official State Gazette" and any other functions within the economic and financial sphere and personnel which are not attributed to other bodies. "

Four. Article 3 (3) is worded as follows:

" 3. It will also depend on the General Counsel of the State-Directorate of the State Legal Service, organically and functionally, the State Advocate before the Court of Auditors. "

Five. Article 3 (6) is worded as follows:

" 6. All State Lawyers of the State Legal Service referred to in the foregoing paragraphs of this Article, as well as State Attorneys attached to the Legal Service of the State Administration Agency Tax, will depend organically and functionally on the General Counsel of the State-Directorate of the State Legal Service and will be included in their employment relationship.

The membership of the State Attorneys to be served in the Legal Service of the State Tax Administration Agency shall be made in accordance with the provisions of the additional provision of the Royal Decree 1125/2008 of 4 July, for which the basic organic structure of the Ministry of Justice is developed. "

Six. A new paragraph 7 is introduced in Article 3:

" 7. The IT services of the State Advocate General, without prejudice to its organic integration in the General Secretariat, are functionally directly dependent on the holder of the General Counsel of the State-Directorate of the Legal Service of the State. Status. "

Seven. Article 6 is repealed. "State Advocate before the European Court of Human Rights and other competent international bodies for the protection of human rights."

Eight. Change the numbering of the following items: 7, which happens to be 6; 8, which happens to be 7; 9, which happens to be 8:

" Article 6. State lawyers for ministerial departments. "

" Article 7. State lawyers in the State's peripheral administration. "

" Article 8. State attorneys attached to the Legal Service of the State Tax Administration Agency. "

Nine. Article 6 (1) is worded as follows:

" 1. In each ministry, except for Justice and Defense, there will be a State Advocate, who will have the character of common services and will therefore be under the responsibility of management, organization and functioning in respect of these services grants the legislation to the undersecretaries. "

Ten. Article 8 is worded as follows:

" Article 8. State attorneys attached to the Legal Service of the State Tax Administration Agency.

The State Attorneys attached to the Legal Service of the State Administration of Tax Administration will be governed by the provisions of Royal Decree 1125/2008, of 4 July, for which the basic organic structure is developed of the Ministry of Justice. "

Once. A new Article 9 is introduced with the following wording:

" Article 9. Departments.

1. The organisation described above shall not be obice to enable, by the approval of the relevant employment relationship, departments to be set up by courts and/or by matters, which are organically and functionally dependent. the General Counsel of the State-Directorate of the Legal Service of the State, who take the lead of some of the processes and/or the exercise of some of the advisory functions attributed to the Legal Service of the State.

2. His organization, incardination and functions will be concretized in each case by the holder of the General Counsel of the State-Directorate of the Legal Service of the State in the initiative for the modification of the relation of jobs presented to the competent body for its proposal or approval. "

Twelve. Article 40 (2) is worded as follows:

" 2. In the case of complaints on administrative grounds, which are due, as a result, or with reference to proceedings before the foreign courts, the order in which the complaint is lodged is the responsibility of the Minister for Foreign Affairs and Cooperation, prior to the report of the State Advocate in the Department, or the General Counsel of the State-Directorate of the State Legal Service if another is the department, agency, public entity, mercantile company or foundation with State participation concerned. The resolution shall be communicated to the persons concerned by the services of the Ministry of Foreign Affairs and Cooperation and, where appropriate, their content may be formalized subject to the requirements of the Law of the Forum. "

Thirteen. Article 50 is worded as follows:

" Article 50. Legal functions and organic framing of the State Advocate before the Constitutional Court.

The performance of the duties entrusted to the State Advocate by the Organic Law of the Constitutional Court will be carried out through the State's Advocate before the Constitutional Court, integrated in the Subdirectorate General of Constitutional and Human Rights of the General Counsel of the State-Directorate of the State Legal Service. "

Fourteen. Article 51 is worded as follows:

" Article 51. State Attorney's Communication to the Constitutional Court with the executive organs of the State.

The Minister of Justice will channel the relations between the organs of the State concerned and the Subdirectorate General of Constitutional and Human Rights through the head of the General Administration of the State-Directorate of the Service Legal status of the State, except for urgent reasons for direct communication. "

Fifteen. Article 52 (1) and (2) shall be worded as follows:

" 1. The Government may, for exceptional reasons and hear the head of the General Counsel of the State-Directorate of the State Legal Service, agree that a working lawyer, specially designated for that purpose, shall act by the executive bodies of the State. State, as an Advocate of the "ad hoc" State, in a given procedure laid down in Chapter II of Title II or Chapters II, III and IV of Title IV of the Organic Law of the Constitutional Court.

The Government-appointed Advocate shall, in the performance of his/her services, assume the duties of the State Advocate and shall comply with the provisions of this Regulation.

2. In the case referred to in the previous paragraph, as well as in the assumption of cases by the holder of the General Counsel of the State-Directorate of the Legal Service of the State in accordance with the provisions of Article 12 of this Regulation, and in those in which the representation and defence of an Advocate of the State not attached to the Subdirectorate-General of Constitutional and Human Rights, the holder of the General Advocate General of the European Union, is attributed to a State Advocate in accordance with the provisions of Article 70. State-Directorate of the Legal Service of the State shall inform the Constitutional Court, with the necessary advance notice, the name or names of those who are to perform the proceedings before the latter. "

Sixteen. Article 54 is worded as follows:

" Article 54. Formulation of demand in the resource of unconstitutionality.

1. In the appeal of unconstitutionality, the State Advocate shall formulate the application in accordance with the instructions received by the holder of the General Counsel of the State-Directorate of the State Legal Service.

2. If the appeal was agreed to be close to the deadline set for it and no instructions had been given, the request shall be made in the most appropriate form in law, with a view, in any event, of the Article 33 of the Organic Law of the Constitutional Court.

The Subdirectorate-General of Constitutional and Human Rights will immediately give an account of the filing of the complaint to the head of the General Counsel of the State-Directorate of the State Legal Service, which, in turn, without the minor procrastination, shall inform the relevant executive body of the State. '

seventeen. Article 56 (3) shall be worded as follows:

" 3. In the event of a repeated declaration of a grant of protection in cases of a similar nature affecting organs or administration defended by the State Advocate, the latter shall raise the detailed communication to the holder of the Advocate General of the State-Directorate of the Legal Service of the State, in order to ensure that appropriate measures are taken or proposed. "

Eighteen. Article 60 shall be worded as follows:

" Article 60. Communication with the holder of the General Counsel of the State-Directorate of the State Legal Service.

The State Attorneys entrusted with the functions to which this chapter refers shall, in addition to the previously established provisions, observe the following:

(a) The holder of the General Counsel of the State-Directorate of the Legal Service of the State may require the copy of any written pleadings, in order to enable him to exercise the functions of address which are own.

(b) They shall issue to the holder of the General Counsel of the State-Directorate of the Legal Service of the State copies of the judgments of the court which are notified to him, as well as of those orders and orders of greater importance.

(c) Care to comply with and interest in compliance with applicable procedural rules. "

nineteen. Article 61 (4) and (5) shall be worded as follows:

" 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 and Audit, without prejudice to the power of assessment to which it corresponds in the legally provided terms.

5. The Deputy Director-General for Coordination and Audit shall be a member of the Coordinating Committee for General Inspections of Services of the Ministry of Education. "

Twenty. Article 63 (2) and (3) shall be worded as follows:

" 2. Irrespective of the provisions of the previous paragraph, the Deputy Director-General for Coordination and Audit may entrust the Inspections of the Services with specific tasks in the field of inspection of functional areas or sectors of activity, as well as others of any nature of the competence of the Inspectorate of the Services 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 and Audit, outside the assigned area or scope. "

Twenty-one. Article 64 (3) shall be worded as follows:

" 3. The State Attorneys responsible for the inspection shall immediately communicate to the Deputy Director-General for Coordination and Audit 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. "

Twenty-two. Article 70 (1) is worded as follows:

" 1. The head of the General Administration of the State-Directorate of the Legal Service of the State may designate one or more State Attorneys, or one of the organs of the State Bar referred to in this Regulation, to take on one or more specific cases or actions or the coordination of legal assistance in relation to certain matters or matters. Such designation shall be communicated to the Advocate of the State-Chief, who shall take it into account for the distribution of the work in the respective State Advocate, or the hierarchical superior of the designated body, where appropriate. "

Additional disposition first. Removal of organs.

1. The following management bodies are hereby deleted: the General Subdirectorate for Community and International Legal Assistance, the sub-directorate called State Advocate at the Ministry of Justice and the Deputy State Advocate before the Constitutional Court.

2. They are replaced, respectively, by the Subdirectorate-General for European and International Union Affairs, the General Secretariat for Coordination and Audit, and the Subdirectorate-General for Constitutional Affairs and Human Rights.

Additional provision 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.

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. Amendment of Royal Decree 1125/2008 of 4 July.

Article 3 of Royal Decree 1125/2008, dated 4 July, is amended as follows:

" Article 3. Advocate General of the State-Directorate of the State Legal Service.

1. The General Counsel of the State-Directorate of the State Legal Service, with an organic level of under-secretary, is the executive body of the services of legal assistance to the State and other public institutions, with the competences and functions referred to in Law 52/1997 of 27 November of Legal Assistance to the State and Public Institutions, and in the Regulation of the Legal Service of the State, approved by Royal Decree 997/2003 of 25 July.

In particular, the following functions correspond to:

(a) Legal advice to the General Administration of the State and its self-employed bodies, as well as, where appropriate or conventionally applicable, that of other public entities and bodies, commercial companies state and foundations with state participation. In particular, it is the legal advice of the Ministry of Justice.

b) The representation and defense of the State and its autonomous organizations, of the constitutional bodies and of the other entities listed in the preceding paragraph, before the Constitutional Court and the courts of all order judicial, as well as in judicial and extrajudicial proceedings, in the terms of the legislation in force.

(c) Legal assistance in the field of European Union law, as well as the representation and defence of the Kingdom of Spain before the courts of the European Union, before the European Court of Human Rights and before any international bodies responsible for the protection of human rights. Likewise, the legal assistance of the Kingdom of Spain in other international organizations, as well as the relationship with the representation and defense of the State, autonomous agencies, other public bodies and entities, commercial companies state or foundations with state participation, where appropriate legally or conventionally, and constitutional bodies in respect of any jurisdictions or judicial or extrajudicial proceedings abroad.

d) The promotion of research work and the organization of activities aimed at the knowledge and dissemination of matters and legal issues at national or international level, as well as the organization of training and further training of staff of the State Legal Service, in coordination with the Centre for Legal Studies, the National Institute of Public Administration and other training centres for civil servants.

e) The economic-financial and budgetary management of the State Legal Service, as well as the functions of administration and management of State Bar officials who are not assigned to other bodies higher.

2. The General Counsel of the State-Directorate of the Legal Service of the State is organized in the following Subdirectorates General, with the functions established in the Regulation of the State Legal Service, approved by Royal Decree 997/2003, of 25 July:

a) The General Subdirection of the Advisory Services.

b) The General Subdirection of the Accounting Services.

c) The Study Cabinet.

(d) The Subdirectorate-General for European and International Union Affairs.

e) The General Coordination and Audit Subdirectorate.

f) The General Subdirectorate of Constitutional and Human Rights.

g) The General Secretariat.

3. The following units with organic level of general sub-direction will also be responsible for the General Administration of the State-Directorate of the State Legal Service, organically and functionally:

a) The State Advocate before the Supreme Court.

b) The State's Advocate at the National Court.

c) State Attorneys for Ministerial Departments.

4. They will also depend on the General Counsel of the State-Directorate of the State Legal Service, organically and functionally, the following units, with the functions established by the Regulation of the State Legal Service:

(a) The State Advocate before the Court of Auditors.

b) State Attorneys at the State's Peripheral Administration.

(c) They shall also be responsible, organically and functionally, for the General Counsel of the State-Directorate of the State Legal Service, in the form provided for in the additional third provision, to the Service Legal status of the State Tax Administration Agency and State Attorneys that exist in the various public bodies and entities.

5. For the representation and defence of the Kingdom of Spain before the courts of the European Union, the State Bar shall be appointed as agents by the Minister of Justice, on a proposal from the Minister for Foreign Affairs and Cooperation.

The State Attorneys before the European Court of Human Rights and other international bodies competent for the protection of human rights shall have the status of Agents of the Kingdom of Spain, for the purposes of European Convention on Human Rights and Fundamental Freedoms, and shall be appointed by royal decree on a joint proposal from the Ministers for Foreign Affairs and Cooperation and Justice.

6. The special unit in the Legal Service of the State created by Royal Decree 915/1994, of 6 May, will act under the superior dependence of the Minister of Justice and the immediate holder of the General Administration of the State-Directorate of the Service Legal State, and shall carry out the duties provided for in Article 3 of that royal decree.

7. The organisation described above shall not be obice to enable, by the approval of the relevant employment relationship, departments to be set up by courts and/or by matters, which are organically and functionally dependent. the General Counsel of the State-Directorate of the Legal Service of the State, who take the lead of some of the processes and/or the exercise of some of the advisory functions attributed to the Legal Service of the State.

Your organization, incardination and functions will be concretized in each case by the holder of the General Counsel of the State-Directorate of the Legal Service of the State in the initiative for the modification of the relation of posts of submitted to the competent body for its proposal or approval. '

Final disposition second. Enabling regulatory development.

The Ministry of Justice is enabled to develop what is foreseen in this royal decree.

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, 5 March 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ