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Law 39/2007, Of 19 November, Military Career.

Original Language Title: Ley 39/2007, de 19 de noviembre, de la carrera militar.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The great political and social transformations that Spain has experienced in the last thirty years, as well as the change of its position on the international stage of a rapidly evolving world, have reflected in the norms that establish the legal framework of the defence and consequently in one of its key resources: military personnel.

Organic Law 6/1980, of July 1, regulating the Basic Criteria of National Defense and the Military Organization initiated the process of adapting our Armed Forces to the political system established by the Constitution. of 1978. This organic law referred to a number of essential aspects of the personnel regime, such as military teaching, scales, the promotion and reward regime, the income and retirement systems and the jobs of the members of the Armed forces, they will be regulated by law according to the unifying criteria it established.

This requirement materialised in Law 17/1989 of 19 July, regulating the Professional Military Personnel Regime, which was a milestone in the rationalization and fixation of homogeneous criteria in the policy of military personnel. Previously, Royal Decree-Law 1/1988 of 22 February had given way to the incorporation of women into the Armed Forces in line with the social changes in Spain.

Throughout the 1990s, coinciding with the application and development process of Law 17/1989, of July 19, it profoundly changed the strategic context. While the policy of the Cold War blocs was disappearing, new missions were emerging outside the national territory and there was evidence of the need for a high level of armed forces with a high level of preparedness. availability and a remarkable capacity for reaction.

These criteria, together with the demands of society, led to the formation of a Joint Commission of the Diputados-Senate, which in 1998 determined the general principles of a new model of the Armed Forces. professional. In accordance with the opinion of the Commission, Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, was enacted, which resulted in the suspension of compulsory military service.

Later, the presence of a significant number of citizens of other countries in Spain, made it advisable to allow their access to the condition of professional military of troops and marineria by means of Law 32/2002, of July 5, amending Law 17/1999 of 18 May.

II

The National Defense Directive of 30 December 2004, after carrying out an analysis of the new risks and threats at the beginning of this 21st century, refers to the need for constant transformation of the Armed Forces, paying great attention to the human resources that support them and developing a new realistic model of professionalization, based on quality and the ability to attract citizens to the professional exercise in the Armed Forces.

In the legislative field, the process of transformation begins with the Organic Law 5/2005, of 17 November, of the National Defense. The next step was to develop this model of professionalization and to reform the military career. Although such an objective could have been achieved by a single rule replacing the existing Law 17/1999 of 18 May, given the ambition of a process that required sufficient time to mature and resulting in the consolidation of the full The Law 8/2006, of 24 April, of Tropa and Marineria was elaborated and enacted, in which the update of the military personnel regime is also urged.

Consequently, this law proceeds to regulate the aspects of the personnel regime, a systematic set of rules regarding the government and the management of human resources, so that the Armed Forces are in the best conditions. to fulfill the missions defined in the Constitution and in the Organic Law of National Defense.

It is a question of ensuring the quality of personnel in a modern and highly technical Armed Forces, where human resources are an essential and determining factor. Therefore, personnel policy should not only aim to cover the quantitative needs of the Armies, but to achieve excellence, both in the formative stage and in the selection of the most qualified for the promotion and the most suitable for the performance of the various destinations.

With this, one of the guidelines of the National Defense Directive will be implemented in the sense of reforming the military career by adopting a new structure of bodies and scales, with systems of promotion and promotion that encourage the dedication and the professional effort. This guideline is the best synthesis of what is intended with this law; hence its title and the importance given to the definition, description and development of the military career.

A military career that is accessed after training in a specific system of the Armed Forces, which is increasingly integrated into the general education system, and which is defined by the occupation of different destinations, due to the promotion of successive jobs and progressive training for positions of greater responsibility, combining preparation and professional experience. A military career that, based on a similar model for all professional military personnel, must be developed in a renewed structure of bodies and scales.

III

This law takes into account the fact that those who join the Armed Forces acquire military status and are subject to a specific regime. The objective is, starting with a good citizen, to increase their values as such during their stay in the Armed Forces, to turn it into an excellent public servant and to do it military, that is, the depositary of the force and trained and prepared to be used properly. The one to whom the use of force is entrusted must acquire the commitment to employ it in the form and with the intensity that the Nation, through the General Courts and the Government, will order to do according to the Constitution and the rest of the order. Military that must also be in readiness to confront the missions of the Armed Forces in situations of crisis or emergencies.

For all of this, from the moment of their entry into the Armed Forces, they must comply with rules of behavior that are acquired with a continuous method of training and personal demand. The inclusion in this law is its importance in the exercise of the military function and the requirement of the Organic Law of National Defense to establish, by law and in accordance with the Constitution, the essential rules which define the behavior of the military, especially the discipline, the hierarchy, the limits of obedience and the exercise of the military command. These essential rules must be developed by royal decree, by the Royal Ordinance for the Armed Forces, which will also collect and update others from the military tradition.

Both in the Royal Ordinance and in the regulations of the regime of the professional military personnel will incorporate the principles and norms of general application to the staff in the service of the General Administration of the State, established in accordance with Law 7/2007, of 12 April, of the Basic Staff Regulations, with the adjustments due to the military condition.

The effective equality of women and men in everything related to access to the Armed Forces, their training and military career is another objective of the law to respond to the new realities of the Army, where the Women are already present in a progressively increasing proportion. It is also intended to combine the permanent availability for the service, specific to the military, with the reconciliation of professional, personal and family life.

IV

El Universo] The needs of the Armed Forces ' professional military personnel are met by military personnel, troops, and sailors, and, in certain cases, by military officers. Those in the race, officers and non-commissioned officers, maintain a permanent relationship of services; those of troops and marineria, whose regime is regulated in Law 8/2006, of April 24, will be able to acquire the condition of military personnel when they access a permanent character services relationship.

The complement military figure is retained, reinforcing its temporal character with limited commitments up to an eight-year maximum, and allowing foreign access to the Military Corps of Health in the specialty of medicine.

For the complement military subject to Law 17/1999, of 18 May, a regime is established that allows them, as well as those of troops and marineria, to maintain a long-term commitment up to the forty-five years, during which they will be able to acquire the status of career military personnel in the form that is specifically regulated for them, and whose completion will become reservists of special availability.

The professional military is integrated in the case of the career, or they are assigned the complement, in bodies and scales. This law retains the overall structure of bodies without more substantial change than the suppression of the bodies of specialists whose tasks are assumed by the general bodies, albeit with a wider catalogue of specialties.

As far as the scales are concerned, the current higher level of officers and scale of officers from the general and marine corps will be replaced by a new and unique scale of officers in each body, with the to overcome the current model's dysfunctions, to accommodate the process of shaping the European Higher Education Area and to enhance the role of non-commissioned officers. This measure also takes into account the experience of armies from other countries in our environment.

The creation of troop and marine scales in the general and marine corps responds to the conception of the Armed Forces as a harmonious whole where professional personnel must be integrated into scales, which allows for proper treatment of the progression of these military personnel to increase their identification with the organization.

In relation to the members of the corps of engineers, the law refers to a new regulation of their regime and committed when, according to the degree and graduate degrees of engineers, their privileges are updated. (a) professionals and their integration into the classification groups of civil servants in the service of public administrations. A reform that will also have to be addressed in the Military Corps of Health.

In the law, we proceed to a characterization of each of the military categories. The senior management of the general officers stands out; the directives, especially of command, of the officers; the fundamental link that the members of the organization constitute; and the professionalism and dedication of the military of troops and marineria, on which the effectiveness of the organization depends to a great extent.

From the point of view of the competences the law is consistent with the Organic Law of National Defense. In this sense, it is reinforced those that correspond to the Chief of Defense Staff, who will advise and inform the Minister of Defense about the regime of the military personnel, will transfer to the Assistant Secretary of Defense the requirements that, in the field of of military personnel, affect the operation of the Armed Forces and establish guidelines to guide the preparation of the Force of each of the Armies in order to ensure the operational effectiveness of the Armed Forces.

A major responsibility for planning is assigned to the organs of the Undersecretary of Defense, while, with its inclusion in the law, the Command or Chief of Staff of each Army is highlighted, which, under the authority of the Head of the respective General Staff, it is configured as an essential element in the application and control of those matters that condition the military career of the members of their respective Army, assuming the function of guiding them professionally.

As for the number of troops, it is fixed in a range between 130,000 and 140,000, resulting from the need to combine the needs of military planning with the demographic and social reality of our country, as well as the appropriate balance. budget. The maximum overall number of officers and non-commissioned officers is established and the overall number of officers and the colonels is established.

V

Military education is undergoing a major reform in the process initiated by Law 17/1989 of 19 July, where the training that allowed access to the scales of officers and non-commissioned officers, obtained in the military teaching centres, was equivalent to qualifications in the general education system.

The teaching of officers and non-commissioned officers will maintain the demand for an excellent military training, since it is essential to provide the members of the Armed Forces with the requisite for the professional exercise in the different bodies, scales and specialties and thus be able to meet the needs arising from the organisation and preparation of the units and their use in operations.

In addition to that military training, it will be a requirement to access the officers ' scales to obtain a degree of university degree and for the subofficial scales, a higher degree of professional training.

The training for access to the officers ' scales will be conducted in military academies, which will teach the teaching of military training, frame the students and lead and manage their life regime. The teachings leading to the attainment of degrees of university degree in the general education system will be taught in a new system of defense university centers attached to public universities and located in the aforementioned academies. military.

In logical coherence with this process of formation, it is established as a criterion of admission to the military training centers of officers and in the university centers of defense, which will be simultaneous, have fulfilled the requirements for access to university education, in addition to the necessary tests to enter military academies. The selection will continue throughout the process of formation; as a consequence, in the annual provisions of places will be offered for the entrance a higher number of places than that which is fixed for the access after the stops of officers corresponding. This system of income and training aims to increase the number of candidates for the military career, to improve selection and training and to facilitate social mobility.

The non-commissioned officers will receive the necessary military and technical training to obtain in military training centers the corresponding professional training degree. The teaching of the troops and marineria is intended to make it more attractive to belong to the Armed Forces; therefore, along with the objective of training for professional performance, it will be ensured that throughout its stay in the military category obtain the degree of professional training technician in the middle grade.

With regard to further education, it will not only be a question of updating knowledge, but of acquiring the qualifications and specializations necessary to adapt or reorient professional profiles, a demand that the law provides for certain military jobs.

Also included are the high studies of national defense, oriented both to members of the Armed Forces and to concurrent ones that come from civil society and the various areas of the General Administration. Public.

VI

The military career, understood as the gradual and progressive access to the different jobs that they empower to carry out the tasks in the destinations of the Armed Forces ' organic and operational structure, begins with the (a) to improve training and to incorporate into one of the scales in which the professional military is grouped. It involves combining their professional development, linked to a greater assumption of responsibilities and rewards, with the needs of the organization.

In the first two jobs of each scale will preferably be filled in operational positions; subsequently a reorientation or an adaptation of the race will occur. Further training will provide the military with a new specialty or allow them to acquire more specific knowledge; in both cases, it will prepare them to fill different positions in different areas.

In the military career, the regulation of the mechanisms of promotion is essential. On the basis of the criteria of the military personnel laws of 1989 and 1999, the cases in which higher systems of promotion of choice and classification will be used are extended, to the detriment of the mere application of the age which only will be used for the first promotion of officers and non-commissioned officers.

Another key element is the occupation of different destinations, which will be provided through the free designation, merit and provision of seniority systems. With the enhancement of merit and capacity, the use of the seniority system will progressively decrease.

As regards administrative situations, the basic status of the public employee is adapted as far as possible, although the reserve is maintained as a specific situation. This is an essential mechanism to set up, in accordance with the planning criteria, a pyramid of staff for jobs and to have all of the staff with the right ages for the professional exercise in the Armed Forces. An essential complement to this situation, which involves the abandonment of the active service years before the age at which it is due to retire, is an appropriate regulation of its remuneration.

VII

Law 17/1999, of May 18, when suspending the provision of compulsory military service, established a recruitment system in which personnel were voluntarily linked to the Armed Forces with a service relationship. professional. At the same time, it regulated the contribution of human resources when the defense of Spain demanded it, in accordance with the military obligations outlined in Article 30.2 of the Constitution. This ensured that all citizens were involved, imposing only the essential obligations. In the development and application of this law, the figure of the voluntary reserve has become very important, which in this way is maintained and reinforces the greater involvement of the society with the Armed Forces.

On the other hand, the creation of the reserve figure of special availability in Law 8/2006, of April 24, of Tropa and Marineria, and its extension in this to the military complement of Law 17/1999, of May 18, make unnecessary to maintain the temporary reservist figure.

El Universo] The process of incorporating reservists into the Armed Forces will be implemented in situations of crisis in which the needs of the national defense cannot be met by the professional military personnel. In such circumstances, the Council of Ministers may adopt the necessary measures for the incorporation into the Armed Forces, first of all, of voluntary reservists and reservists of special availability and subsequently, only if it is He said, he will ask the Congress of Deputies for authorization for the general declaration of compulsory reservists, to which their right to conscientious objection will be recognized.

The Minister of Defense will also be able to authorize the incorporation of reservists, on a voluntary basis, for missions abroad or when the Armed Forces cooperate with the State and Government Institutions. Public to preserve the safety and well-being of citizens or to serve in the units, centers and agencies of the Ministry of Defense.

VIII

By means of a series of additional provisions the military rewards are defined, the character of the agent of the authority is given to the members of the Armed Forces in the exercise of certain functions; the use of the official language; the specific competences of the Military Health are indicated; the social action system is described, with special mention to the soldiers of the troops and marineria; the regime of the staff of the Service of Assistance is established Religious of the Armed Forces; criteria are provided for the rationalization and simplification of the administrative procedures and standards for the reordering of escalations of the auxiliary escalations of the Army of the Earth.

The law includes a number of transitional provisions to implement their forecasts within a reasonable time, especially in terms of templates, promotions, teaching, constitution of new scales and situations administrative, taking into account the expectations of the current members of the Armed Forces and the needs of the organization.

Law 17/1999, of 18 May, is repealed with the Staff Regulations of the Armed Forces, except for articles concerning rights and duties, as well as Law 32/2002 of 5 July, which amended it to allow access to foreigners. From Law 85/1978 of 28 December, Royal Ordinance for the Armed Forces will be repealed the articles that are affected by this law; they maintain those that refer to fundamental rights and public liberties and it gives rank of royal decree to the others.

Through final provisions, certain assumptions of the Armed Forces ' Social Security Regime are updated, with the reform of its Recast Text approved by the Royal Legislative Decree 1/2000 of 9 June; amend the Law of 8 June 1957, regulating the Civil Registry; the classification groups are adapted for the purposes of the Public Employment Statute; the Law 8/2006 of 24 April, of Troop and Marineria is amended to to adjust it to this law; reference is made to the staff regulations of the National Intelligence Center and expresses the recognition of all Spaniards who served in the military service, as well as those who, highlighted in the territory of Ifni-Sahara, participated in the campaign from 1957 to 1959.

IX

The update of the military personnel regime will be completed by means of an organic law of rights and duties of the members of the Armed Forces, in which the exercise of fundamental rights and freedoms will be regulated. public, in accordance with the provisions of the Constitution and its implementing provisions and taking into account the requirements of the military condition. It will include, according to the provisions of the Organic Law of National Defense, the creation of the Observatory of Military Life.

With the aim of deepening the definition of the rights and duties of the military and giving them a coherent treatment, the regulation of professional and social protection, as well as the Participation channels.

X

The regime of the personnel of the Civil Guard Corps is governed by the provisions of Law 42/1999, of 25 November, the elaboration of which was based on the Organic Law 2/1986, of March 13, of Forces and Security Corps and, having In view of the military nature of the Armed Institute and the military condition of its members, in Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces. When the latter is modified, with a new regulation of the military career, and the principles of reference remain unchanged, the appropriate adequacy of the aforementioned Law 42/1999, of 25 November, must be carried out.

Given the relationship of the formation of Civil Guard officers with that of the Armed Forces, in this law measures are collected to implement in that body the teachings that lead to the obtaining of degrees of degree university of the general education system. Also because of its importance it extends to its members, in what is applicable to them in accordance with the provisions of their specific regulations, the fulfillment of the essential rules that define the behavior of the military.

PRELIMINARY TITLE

General provisions

Article 1. Object and scope of application.

1. This law is intended to regulate the regime of professional military personnel and, specifically, the military career and all those aspects that make it up. It also regulates the additional contribution of human resources to the Armed Forces. All this in order to be able to fulfill the missions defined in the Constitution and in the Organic Law 5/2005 of 17 November of the National Defense.

2. It is applicable to all members of the Armed Forces who have acquired military status since their incorporation, and who, with the oath or promise before the Flag, assume the obligation to defend Spain and to contribute to preserving the peace and security.

3. The regime of the personnel of the Civil Guard Corps shall be governed by its specific law, which shall be based on the Organic Law 2/1986 of 13 March of Forces and Security Corps and, given the military nature of the Armed Institute and the condition military of its members, in this law.

Article 2. Military employment of the King and Prince of Asturias.

1. The King has the military employment of captain general of the Army of the Earth, Navy and Air Force, the highest military rank that corresponds to him exclusively as supreme command of the Armed Forces.

2. The Prince of Asturias will be able to develop the military career and have the military jobs which, by means of royal decree, determine the government, which is empowered to establish a regime of its own and differentiated taking into account the demands of its high representation and his status as heir to the Crown of Spain.

Article 3. Linkage with the Armed Forces.

1. The Spanish will be able to link professionally to the Armed Forces as a career military, as soldiers of troops and marineria and also as military complement.

2. They are career military personnel who maintain a relationship of professional services of a permanent nature. It is up to them to ensure the continuity and stability of the structure, functioning and essential values of the Armed Forces in the constitutional framework.

3. The complement military officers are officers who establish their relationship of professional services through temporary commitments to address specific needs of the Armed Forces.

4. The soldiers of troops and marineria, who form the base of the Armed Forces, establish their relationship of professional services by means of commitments of a temporary nature and will be able to access the condition of a military career in the form that specifies in this law.

5. Foreign nationals in legal residence may be linked to the Armed Forces with a professional service relationship through temporary commitments such as soldiers of troops and marineria in cases and procedures. regulated in Law 8/2006, of 24 April, of Troop and Marineria and as military complement in accordance with the provisions of this law.

6. The legal-public relations of the professional military are governed by this law and it is established on a permanent basis with the acquisition of the status of a military officer of a career and on a temporary basis by means of the signing of commitments.

7. They also acquire military status, without their linkage being a relationship of professional services, those that enter as students in military teaching centers, in accordance with the provisions of Title IV, and the reservists when they join the Armed forces, as provided for in Title VI.

Article 4. Rules of military behavior.

1. The essential rules that define the behavior of the military are as follows:

The permanent disposition to defend Spain, even with the delivery of life when necessary, constitutes its first and most fundamental duty, which must have its daily expression in the most accurate fulfillment of the precepts contained in the Constitution, in the Organic Law of National Defense and in this law.

Second.-When acting on missions to contribute militarily to the maintenance of peace, stability and security and to support humanitarian aid, it will do so as an instrument of the Spanish Nation in the service of these ends, in close collaboration with armies of allied countries and within the framework of international organizations of which Spain is a party.

Third. -It will put all its efforts to preserve the safety and well-being of citizens during the Armed Forces ' actions in cases of serious risk, catastrophe, calamity or other public needs.

Fourth. -You will be prepared to face, with courage, selflessness and spirit of service, combat situations, whatever the missions of the Armed Forces in which you perform your duties and exercise your functions.

Fifth.-It will adjust its conduct to respect for the people, the common good and the international law applicable in armed conflicts. The dignity and inviolable rights of the person are values that he has an obligation to respect and the right to demand. In no case shall the military be subjected, or subject to others, to measures that would undermine the personal dignity or undue limitation of their rights.

Sixth. -In the legitimate use of force, it will make a gradual and proportionate use of force, in accordance with the rules of engagement established for the operations in which it participates.

Seventh. " The discipline, a factor of cohesion that forces us to send with responsibility and to obey the mandate, will be practiced and demanded in the Armed Forces as a rule of action. It has its collective expression in compliance with the Constitution and its individual manifestation in the fulfillment of the orders received.

Eighth. -It will disengage its tasks with strict respect for the military hierarchical order in the organic and operational structure of the Armed Forces, which defines the relative situation among its members as regards command, subordination and responsibility.

Ninth. The responsibility for the exercise of the military command is not renountable nor can it be shared. Those who exercise command will try to inculcate a discipline based on conviction. Every command has the duty to demand obedience to his subordinates and the right to respect his authority, but he will not be able to order acts that are contrary to the laws or that constitute a crime.

Tenth. -It will obtain the orders that are the mandates relating to the service that a military officer gives to a subordinate, in an appropriate manner and within the responsibilities that correspond to him, in order to carry out or omit a concrete action. It should also address the requirements it receives from a higher-employment military officer concerning the general rules of order and behaviour.

eleventh. -If the orders involve the execution of acts of crime, in particular against the Constitution and against persons and property protected in the event of armed conflict, the military will not be obliged to obey them. In any case, you will assume the serious responsibility of your action or omission.

Twelfth.-The one who exercises command will reaffirm his leadership by trying to obtain the support and cooperation of his subordinates for the prestige acquired by his example, preparation and decision-making capacity.

Thirteenth. -It will behave at all times with loyalty and companionship, as an expression of the will to assume in solidarity with the other members of the Armed Forces the fulfillment of their missions.

Fourteenth. -Will prepare to achieve the highest level of professional competence, especially in the operational, technical and resource management areas, and to develop the capacity to adapt to different missions and scenarios.

15th. -You will accurately fulfill your duties and obligations driven by the feeling of honor, inspired by the rules defined in this article.

2. The essential rules which define the behaviour of the military established in the previous paragraph shall also be for the members of the Civil Guard Corps in so far as they are applicable in accordance with their own rules.

3. The Royal Ordinance for the Armed Forces will regulate the rules of behavior of the military in accordance with the provisions of the Organic Law of National Defense and in this Law and will collect, with the adaptations due to the military condition, the code of conduct for public employees.

Article 5. Adaptation of the rules of the public employee.

The principles and rules of general application to staff at the service of the General Administration of the State, established in accordance with Law 7/2007, of 12 April, of the Basic Staff Regulations, will be incorporated into the professional military personnel, provided that they do not contradict their specific legislation, by means of regulatory standards in which adaptations due to the military condition shall be made.

Article 6. Gender equality and reconciliation of professional, personal and family life.

1. Equal treatment and equal opportunities is a principle that the Armed Forces will apply in accordance with the provisions of the Organic Law 3/2007 of 22 March for the effective equality of women and men, and will be especially present in the the development and implementation of this law in relation to access, training and military career.

2. The rules and criteria relating to equality, the prevention of gender-based violence and the reconciliation of professional, personal and family life established for staff at the service of the General Administration of the State shall apply to the professional military with the necessary adaptations and developments. The relevant rules shall also include measures that are of specific application in the field of the Armed Forces.

Article 7. Oath or promise to the Flag of Spain.

1. Every military man has a duty to lend to the flag of the flag or promise to defend Spain. This oath or promise shall be made during the teaching of training in accordance with the provisions of this Article and shall be a prerequisite and indispensable for the acquisition of the status of a military officer, a military complement and a Army of troops and marineria.

2. The act of oath or promise before the Flag of Spain shall be public, shall be covered with the highest solemnity and shall be adjusted to the following sequence:

The head of the military unit taking the oath or promise before the Flag will give the following formula: " Soldiers! Do you swear or promise by your conscience and honor to faithfully fulfill your military obligations, keep and keep the Constitution as a fundamental rule of the State, obey and respect the King and your bosses, never abandon them and, if precise outside, deliver your life in defense of Spain? "

What the soldiers will answer: "Yes, we do!"

The head of the military unit will replicate:

"If you keep your oath or promise, Spain will thank and reward you and if not, you will demand it", and add: "Soldiers, Long live Spain!" and "Long live the King!", which will be answered with the corresponding "Viva!".

Then the soldiers will kiss one to one the Flag and, subsequently, as a sign that Spain accepts their oath or promise, they will parade under it.

3. The term "Soldiers" may be replaced by the term "Soldiers" for which they are to be sworn or promised.

TITLE I

Competencies in the field of military personnel

Article 8. From the Government.

1. The Government is exercising its executive function and regulatory authority as far as the military personnel regime is concerned. In particular it is up to:

a) Direct defense planning, which will be deducted from the needs of military personnel.

b) Approve the multi-annual capacity planning and annual provisions.

c) Develop the general promotion and promotion criteria set out in this law.

d) Exercise the other powers attributed to it in this law and in the rest of the legal order.

2. The Government may take the necessary measures for the additional contribution of human resources to the Armed Forces, as provided for in Title VI.

Article 9. From the Minister of Defence.

The Minister of Defense, as head of the Department, directs the personnel and teaching policy in the field of the Armed Forces to enable the missions to be carried out.

In particular, it exercises the powers assigned to it in this law in relation to the proposal or approval of general provisions and with the decision on the basic aspects that make up the military career.

Article 10. From the Chief of Defense Staff.

The Chief of Defense Staff is responsible for:

(a) Advise and inform the Minister of Defense about the regime of military personnel in terms of the operation of the Armed Forces and their participation in international organizations, as well as the needs of personnel and military education at the joint level.

b) Transfer to the Assistant Secretary of Defense the requirements in the personnel matters indicated in the preceding paragraph.

c) Establish guidelines on aspects related to this law to guide the preparation of the Force, in order to ensure the operational effectiveness of the Armed Forces.

d) To be motivated by the morale, motivation, discipline and well-being of personnel in operations and activities under their command.

Article 11. From the Assistant Secretary of Defense.

The Deputy Defense Secretary, under the authority of the Minister, is responsible for the management, control and evaluation of personnel and teaching policy in the Armed Forces. It is also up to the planning, implementation and inspection of personnel and military education.

In particular it is up to him to dictate or propose provisions on personnel and teaching, to direct the general management of the military personnel and the specific of those who are not in any of the Armies and to elaborate, within the defense planning, estimates, and human resource management plans.

The inspection in respect of the personnel regime of the members of the Armed Forces, as well as the conditions of life on ships, bases and aquartelings, will exercise directly, through the inspection bodies of The Deputy Secretary of Defense, who will be configured in the manner that is regulated, or through the Command or Chief of Staff of each Army.

Article 12. From the Chiefs of Staff of the Army of the Earth, the Navy, and the Army of the Air.

1. The Chief of Staff of the Army of the Earth, the Navy, and the Army of the Air, in the field of their Army, corresponds to them:

a) Advise and inform the Minister of Defense about the needs in terms of personnel and teaching.

b) Advise the Chief of Staff of the Defense on the aspects of the military personnel regime that affect the operation.

c) Advise the Assistant Secretary of Defense in planning, directing, and inspecting personnel and teaching policy, collaborating with him in his development, and informing him of his/her application.

d) Plan and direct instruction and training.

e) Define capabilities and design the profiles required for the professional exercise to which the teaching and direct military training should be addressed.

f) Address personnel management.

g) Vellar for the morale, motivation, discipline and well-being of the staff.

h) Deciding, proposing or reporting in accordance with this law, in relation to the basic aspects of the military career.

i) To be in the general interest of the staff, in particular by tutoring the rights and freedoms regime.

j) Assess the staff arrangements as well as the living conditions on ships, bases and waterings.

2. In the structure of each Army there will be a Command or Chief of Staff who, under the organic dependence of the respective Chief of Staff, will participate in the planning and programming of the policy of military personnel and will implement and control it, In particular, in terms of personal reports, evaluations, allocation of destinations, attendance at courses and how many matters condition the military career. Professional guidance will be your responsibility to all members of your Army.

Article 13. Appointments, cesses and military jobs of the Chief of Staff of the Defense and the Chiefs of Staff of the Army of the Earth, the Navy and the Army of the Air.

1. The appointment and termination of the Chief of Defense Staff will be carried out by royal decree agreed upon in the Council of Ministers, on the proposal of the President of the Government.

The appointments and cessation of the Chiefs of Staff of the Army of the Earth, the Navy, and the Army of Air will be carried out by royal decree agreed upon in the Council of Ministers, on the proposal of the Minister of Defense.

2. The appointment of Chief of Defense Staff will imply the automatic rise to the employment of army general, admiral general or general of the air, according to the Army to which the designated person belongs. The Chief of Staff of the Defense, during the time he carries out the position, will have for all purposes the consideration of older in his employment.

The appointments of Chief of Staff of the Army of the Earth, Navy and Air Force will imply the automatic rise to the jobs of general army, admiral general or general of the air, according to corresponds. In the event of the appointment of a major general or vice-admiral, the appointment shall be carried out in advance of a lieutenant general or an admiral.

3. The Chief of Staff of the Defense and the Chiefs of Staff of the Army of the Earth, Navy, and Air Force will continue in active duty until the time of their end in office, even if they meet the retirement age set in this law for the career military.

4. General officers who cease in the positions referred to in paragraph 1, as well as in the Chief of the Fourth Military of His Majesty's House the King and are not appointed to any of them or to international organizations or other bodies in the Foreign Minister of Foreign Affairs of the Ministry of Foreign Affairs of the Ministry of Foreign Affairs of the Ministry of Foreign Affairs of the Ministry of Foreign Affairs of the United States, and of the Foreign Ministers of the United States, will be appointed by the Council of Ministers, acting on a proposal from the Minister of Defense, members of the Royal Assembly San Hermenegildo. They may stay for a maximum of six years, delaying the withdrawal in their case until the end of their termination.

However, when any of the circumstances provided for in the preceding paragraph occur, the general officers referred to in the paragraph shall continue to be in active service until the time of their termination.

Article 14. From the Higher Councils of the Army of the Earth, the Navy, and the Army of the Air.

1. The Superior Councils of the Army of the Earth, the Navy and the Air Force, as well as advisory and advisory bodies of the Minister of Defense and the Chief of Staff of the respective Army, correspond to them:

a) Issue a report on the issues to be considered by the Minister of Defense and the Chief of Staff of the Army.

b) To carry out the reports indicated in this law on the basic aspects of the military career.

(c) Act as an assessment body in the promotions to the employment of brigadier general and other assessments affecting members of the category of general officers.

d) Issue report on assessments by the systems of choice and classification for the promotion regulated in this law.

e) Issue report on the processing of the honorary promotion files.

f) To be heard in the extraordinary disciplinary files that affect the personnel of their respective Army, in accordance with the provisions of the Organic Law 8/1998, of December 2, of the Disciplinary Regime of the Forces Armed.

2. Its composition and other powers shall be determined.

Article 15. Competencies in relation to the common bodies of the Armed Forces.

1. The powers assigned to the Chiefs of Staff of the Army of the Earth, the Navy, and the Army of Air, in relation to the personnel regime of their respective Army, will correspond to the Assistant Secretary of Defense, in the that affect the personnel of the common bodies of the Armed Forces. In the exercise of these powers, he will consider the requirements that the Chief of Staff of the Defense Ministry will transfer in relation to the operation of the Armed Forces.

2. In the organic structure of the Ministry of Defense, it will be determined which management bodies of the Undersecretary of Defense will exercise the powers referred to the common bodies of the Armed Forces that are assigned to the Command or Chief of Staff of the Armed Forces. Personnel of each Army in relation to its members.

3. The competencies that this law assigns to the Supreme Councils of the Army of the Earth, the Navy, and the Army of Air will correspond to the Board or Superior Boards of the common bodies of the Armed Forces. They are regulated.

TITLE II

Planning for Effective

CHAPTER I

Effective and templates

Article 16. Personnel and regulatory templates of the Armed Forces.

1. The maximum number of active duty military personnel is between 130,000 and 140,000 troops, including a maximum of 50,000 general, official and non-commissioned officers. The state's General Budget laws will determine the target of troop and marine military personnel for each exercise.

2. The maximum number of general officers will be 200. It shall include the specific template for providing the posts assigned to the different military corps and the indistinct template for placing positions in the central bodies, including the Defence Staff, and the other bodies of the Ministry of Defense, which are not expressly assigned to a given body. The indistinct template will include posts that can be held in the Government Presidency and, in the case of organic positions related to security and defence, in other ministerial departments.

General officers who are appointed to fill positions in the House of His Majesty the King or in international organizations or other bodies abroad will not be included in the 200 staff members and their number. will be undetermined.

The maximum number of colonels will be 1,050.

3. The Council of Ministers, acting on a proposal from the Minister of Defense, will set for four-year periods the statutory templates of general officers, officers and non-commissioned officers for bodies, scales and jobs of the military personnel, except those for the first two jobs, the staff of which shall be those resulting from the provision of places and the application of the promotion system by seniority.

The Government will report to the General Cortes every time it approves a Royal Decree of Template Development.

4. The Minister of Defense will determine the military personnel of troops and marineria in active service, differentiating military personnel and those who maintain a relationship of services of a temporary nature, for the different jobs of each scale and, where appropriate, specialties. The employment of a soldier whose staff shall be those resulting from the objective to be determined annually by the General Budget Law and the corresponding annual provision of places shall not be included.

5. Surpluses in the various jobs and scales will be amortised not by giving rise to the first vacancy that occurs in each of the two jobs in the category of general officers and, in the remaining jobs, the first of every three.

Article 17. Organic templates and military position relationships.

1. The units, centers and agencies of the Ministry of Defense will have their organic template defined. This template is the quantitative and qualitative relationship of positions of their structure necessary to be able to fulfil the tasks assigned to them.

2. On the basis of the organic templates and the degrees of coverage to be determined in the light of the actual planning, the relations of military posts in which the description of each post shall be specified shall be established. assignment by bodies and scales, jobs and specialties, their complementary remuneration and the conditions and requirements for their occupation. Such relations shall include those which may be covered by reserve staff.

3. The professional military personnel shall have access to the information contained in the relations of military posts in a manner determined by the order of the Minister of Defense.

CHAPTER II

Provision of places

Article 18. Provision of seats for the Armed Forces.

1. In order to meet the needs of professional military personnel arising from the planning of the defence and taking into account the regulatory templates, the multi-annual programming of the provision of places for access to the bodies and scales will be established. of the Armed Forces and those corresponding to the access to military complement.

2. Each year, the provision of entry places in the military training centres will be approved, on the basis of the multiannual programming, the budgetary appropriations, the actual development of staff and the training processes. defined in this law. The annual provision will specify how many of them will be places of access to the bodies and scales of the Armed Forces after the completion of the training process.

In the military and marine positions, the maximum quotas that will be offered for the category of military personnel and for the access of foreigners will be fixed.

3. The Council of Ministers, on the proposal of the Minister of Defense, with the favorable report of the Ministries of Economy and Finance and of Public Administrations, will approve the multiannual programming of the provision of places and the annual provisions.

The Government will report to the General Cortes every time it approves a real decree of multi-annual planning for the provision of places.

TITLE III

Enquadration

CHAPTER I

Functions

Article 19. Functions.

1. The professional military exercises operational, technical, logistical and administrative functions in the performance of its tasks for the preparation and use of the military units in compliance with the tasks assigned. These functions are carried out by means of directives, including control actions, and management and executive actions. The professional military officer also performs teaching duties in accordance with Title IV.

2. The Directive action is exercised by defining the objectives and determining the means to achieve them by establishing the relevant plans and monitoring their implementation. The means made available to achieve specific objectives in the most cost-effective and efficient way are implemented through management actions. Through executive actions, the established plans are implemented, acting in compliance with specific orders or following pre-established procedures.

3. The command action, specific action in the Armed Forces, refers to the exercise of the authority, with the consequent responsibility, which corresponds to the military one by reason of his office, destination or service. It reaches its maximum and special responsibility when it applies to the preparation and use of the Force of Armies.

For the exercise of the command action, the support of the subordinates in information, planning, advisory, coordination and control tasks, which constitute the "command support", can be counted.

CHAPTER II

Military categories and jobs

Article 20. Military categories.

1. The military is grouped into the following categories: general officers, officers, non-commissioned officers and troops and marineria.

2. General officers exercise command action in the organic and operational structure of the Armed Forces and the high management and management of their human, material and financial resources. This category will be accessed by the officers who have proven their professional competence and leadership capacity in their military career.

3. The officers develop directives, especially of command, and of management in the organic and operational structure of the Armed Forces. They carry out planning and control tasks for the execution of military operations and those related to technical, logistical, administrative and teaching functions. They are characterized by the level of their training and by their leadership, initiative, ability to assume responsibilities and decision to resolve.

4. The non-commissioned officers constitute the fundamental link in the organic and operational structure of the Armed Forces. They exercise the command and initiative that they are responsible for transmitting, fulfilling and enforcing, in all circumstances and situations, the orders and instructions received and to ensure the execution of the tasks entrusted to the performance of the operational, technical, logistical, administrative and teaching functions. For their training and experience they will be close collaborators of the officers and leaders for their subordinates, with whom they will maintain a permanent contact.

5. The soldiers of the category of troops and marineria, who form the basis of the organic and operational structure of the Armed Forces, carry out works and tasks in application of established procedures or those entrusted to them by orders concrete. The effectiveness of the military organization depends to a great extent on its professionalism, initiative and preparation.

6. The duties of the military officer and the corresponding actions may also be exercised and developed in other areas of the Ministry of Defence.

Article 21. Military jobs.

1. Within the different categories, the military is ordered by jobs, an essential criterion in the Armed Forces ' hierarchical organization. The different positions of their organic structure will be assigned in the relations of military positions to a job or interchangeably to several. This allocation will depend on the professional skills and abilities required for the performance of the tasks to be developed.

2. Within each category, military jobs, with the indication of their basic denominations, are as follows:

a) General officers:

Captain general.

Army general, general or general air admiral.

Lieutenant General or Admiral.

Major General or Vice Admiral.

Brigadier General or Rear Admiral.

b) Officers:

Colonel or ship captain.

Lieutenant colonel or frigate captain.

Commander or captain of the corvette.

Captain or Navy lieutenant.

Lieutenant or ship alferez.

Alfez or frigate alfez.

c) Subofficers:

Senior Subofficer.

Sublieutenant.

Brigade.

Sergeant first.

Sergeant.

d) Troop and marinery:

Major Cape.

Cape first.

Cape.

Soldier or Sailor.

3. Where the first basic name of a job is used in this law, it is understood that it includes the specific Navy and Air Force and those that are detailed for the different bodies and scales in this title.

Article 22. Jobs with eventual character.

1. When, for the purposes of the service, a military officer is appointed to occupy a position in international organizations or other bodies abroad corresponding to employment higher than his, the Minister of Defense, on a proposal from the Head of State Greater than the Defence, it may grant such employment with its powers, remuneration and foreign currency.

It will retain the eventual employment until it reaches that job or until the moment of its cessation in the mentioned position. The attribution of any employment shall not generate the right to the promotion or predetermine, where appropriate, the result of the relevant assessment.

2. Employment may also be granted in the case of pupils at the military training centres in accordance with the provisions of Article 68.2

Article 23. Faculties and seniority in military employment.

1. Military employment grants the rights and attributes the duties established in this law and in the rest of the system and empowers them to carry out the tasks at the different levels of the Armed Forces ' organizational and operational structure and, in their (i) case, in other areas of the Ministry of Defence, exercising the appropriate authority. Whoever exercises the command or direction of a unit, centre or body receives the name of chief, commander or director. In this law the term "chief" comprises all of them.

2. Seniority is the time spent on the first job of a scale from the date of its concession. In the case of successive employment, the date of signature of the decision granting the corresponding promotion shall be taken into account, unless the date of the day following that in which the vacancy occurs is recorded for these purposes. origine the ascent.

3. The scale is the employment and seniority ordination of the professional military personnel belonging to or assigned to a scale. His order may be altered only in accordance with the provisions of this law and in military criminal and disciplinary laws, in which case the person concerned shall be assigned the date of seniority in the employment corresponding to him or, where appropriate, that of the person who precedence in the new position.

4. The precedence of the military will be determined by the position or destination to be dealt with if it is set in rules of a regulatory nature; if it is not based on employment; equal employment, seniority in the same and equality of employment. will resolve in favor of the oldest.

Article 24. Jobs with honorific character.

1. The Council of Ministers, acting on a proposal from the Minister of Defense, may grant, in exceptional circumstances or special circumstances, the immediate employment of the military officers who have retired. Jobs of an honorary nature may also be awarded for a posthumous degree.

2. The initiative for the granting of jobs with an honorary character will be the responsibility of the Chief of Staff of the Defense or the Chiefs of Staff of the Army of the Earth, the Navy, and the Army of the Air, motivating the merits and circumstances that congran. The processing of the files shall include the report of the High Council of the corresponding Army.

In any event, a file shall be initiated for the award of higher employment with an honorary degree to the military deceased in act of service or retired for permanent incapacity for the service, provided that it occurs in an event service or as a result of the service.

3. In no case shall the jobs awarded on an honorary basis bear any economic benefit of a nature and shall not be considered for the purposes of passive duties.

CHAPTER III

Bodies and scales

Article 25. Bodies and scales.

1. The military personnel and the military personnel of troops and marineria will be integrated, and the complement military will be assigned, in the different bodies according to the tasks they will have to carry out. The bodies will have a specific character according to the requirements of each of the exercises or common character in order to respond to the general needs of the Armed Forces.

The members of each body shall be assigned different tasks to be carried out by the exercise of the functions and the development of the actions referred to in Article 19, in the field of their Army. specific bodies and in that of the Armed Forces those of the common bodies and all of them, also, in other areas of the Ministry of Defense.

2. Within each body the professional military shall be grouped together in one or more official scales, in accordance with and with the names specified in this chapter, in the scale of non-commissioned officers and in the scale of troops or marineria, in correspondence with the different military categories and according to the professional faculties assigned to them and the educational requirements required for their incorporation into them. The professional faculties on each scale are a consequence of the preparation received and delimit the level of responsibility in the fulfillment of the assigned tasks in the different destinations.

3. The creation, extinction or integration of bodies and scales shall be carried out by law.

Article 26. Military corps.

1. The specific bodies of the Earth Army are as follows:

General Corps of the Army of the Earth.

Army of Earth Intrend Corps.

Earth Army Polytechnic Corps of Engineers.

2. The Navy's specific bodies are as follows:

General Corps of the Navy.

Marine Corps.

Navy Intrend Corps.

Navy Corps of Engineers.

3. The specific bodies of the Air Force are as follows:

General Air Force Corps.

Air Force Intrend Corps.

Air Army Corps of Engineers.

4. The common bodies of the Armed Forces are as follows:

Military Legal Body.

Military Intervention Corps.

Military Body of Health.

Military Music Corps.

Article 27. General Body of the Army of the Earth.

1. The members of the General Corps of the Army of the Earth, grouped in officer scale, scale of officers and scale of troops, have as their tasks the preparation and use of the Force and the Support to the Force of the Army of the Earth.

2. The jobs of the General Corps of the Army of the Earth are those of army lieutenant general on the scale of officers, those of sergeant to senior officers on the scale of non-commissioned officers and those of soldier on the troop scale.

Article 28. Earth Army's Intrend Body.

1. The members of the Army of Earth's Intrend Corps, grouped on a scale of officers, have as tasks the planning and administration of economic resources and the economic-financial advice. Regulations will determine the logistical nature of the land in the field of the Army of the Earth.

2. The jobs of the Earth Army's Intrend Corps are those of lieutenant-to-general of division.

Article 29. Body of Polytechnical Engineers of the Earth Army.

1. The members of the Earth Army's Polytechnical Engineering Corps, grouped on a scale of officers and on a technical scale, have the task of advising, applying, studying and researching their own technical matters. specialties and those of a technical or logistical nature related to the own maintenance of their specialties in the field of the Army of the Earth.

2. The jobs of the Earth Army's Polytechnic Corps of Engineers are those of lieutenant-general in the rank of officers and those of lieutenant-colonel on the technical scale.

Article 30. General Corps of the Navy.

1. The members of the General Corps of the Navy, grouped in officer scale, scale of officers and scale of marineria, have as their tasks the preparation and use of the Force and the Support to the Armed Forces.

2. The jobs of the General Corps of the Navy are those of ship-to-admiral general on the scale of officers, those of sergeant-to-senior officers on the scale of the officers and those of the sailor on the scale of marineria.

Article 31. Marine Corps.

1. Members of the Marine Corps, grouped in officer scale, scale of officers and scale of troops, have as their duties the preparation and use of the Marine Corps and the Armed Forces Support.

2. Marine Corps jobs are those of lieutenant-to-general of division on the officer scale, those of sergeant-to-senior officers on the scale of noncommissioned officers, and those of a larger soldier on the troop scale.

On the scale of officers, higher-than-general jobs may be achieved in the cases referred to in Article 97.2.

Article 32. Navy Intrend Body.

1. The members of the Army's Corps of Intendence, grouped on a scale of officers, have as their tasks the planning and administration of economic resources and the economic-financial advice. Regulations will determine the logistical nature that they are responsible for in the field of the Navy.

2. The jobs of the Army's Intrend Corps are those of lieutenant-to-general of division.

Article 33. Corps of Navy Engineers.

1. The members of the Corps of Engineers of the Navy, grouped on a scale of officers and on a technical scale, have as tasks the advice, application, study and research in technical matters of their own and those of technical or logistical character related to the maintenance of their specialties in the field of the Navy.

2. The jobs of the Corps of Engineers of the Navy are those of the ship's alferez to vice admiral on the scale of officers and the ones of the ship to captain of frigate in the technical scale.

Article 34. General Body of the Air Force.

1. Members of the Air Force General Corps, grouped in officer scale, scale of officers and scale of troops, have the task of preparing and employing the Force and the Support of the Air Force.

2. The jobs of the Air Force General Corps are those of air lieutenant general on the officer scale, those of sergeant to senior officer on the scale of noncommissioned officers, and those of a larger soldier on the troop scale.

Article 35. Body of Intrend of the Air Force.

1. The members of the Army of the Air Force, grouped on a scale of officers, have as tasks the planning and administration of the economic resources and the advice in economic and financial matters. Regulations will be determined in the field of the Air Force.

2. The jobs of the Army of the Air's Intrend Corps are those of lieutenant-to-general of division.

Article 36. Corps of Engineers of the Air Force.

1. The members of the Corps of Engineers of the Air Force, grouped on a scale of officers and on a technical scale, have as tasks the advice, application, study and research in technical matters of their own specialties and the technical or logistical aspects related to the maintenance of their specialties in the field of the Air Force.

2. The jobs of the Air Force Corps of Engineers are those of lieutenant-to-general of division on the scale of officers and those of lieutenant-colonel on the technical scale.

Article 37. Military Legal Body.

1. Members of the Military Legal Body, grouped on a scale of officers, have as their duties legal advice and those that conform to the legal system in the military jurisdiction.

2. The jobs of the Military Legal Body are those of lieutenant-colonel, with the corresponding employment names followed by the term "auditor", and those of general brigade and general of division, with the names of the auditor general and general counsellor, respectively.

Article 38. Military Intervention Corps.

1. The members of the Military Intervention Corps, grouped on a scale of officers, have the internal control of the economic and financial management as committed, depending on the general intervention of the State Administration, by the exercise of the financial controller, the permanent financial control and the public audit, in accordance with the terms of the General Budget Law; the exercise of the military notary, in the form and conditions laid down in the laws, and economic-tax advice.

2. The jobs of the Military Intervention Corps are those of lieutenant general of division, with corresponding employment names followed by the term "financial controller".

Article 39. Military Body of Health.

1. The members of the Military Corps of Health, grouped on a scale of officers and on a scale of nurses officers, have as tasks, health care in the logistic-operative, care and expert fields and those related to the psychology, pharmacy and veterinary medicine.

2. The jobs of the Military Corps of Health are those of lieutenant general of division on the scale of officers and lieutenant-colonel in the scale of nurses officers. All of them with the corresponding employment names followed by the term "doctor", "pharmacist", "veterinarian", "dentist", "psychologist" or "nurse", as appropriate.

Article 40. Corps of Military Musicians.

1. Members of the Military Musician Corps, grouped on a scale of officers and on a scale of non-commissioned officers, have the task of providing the music services, as well as the preparation and direction of the military bands.

2. The jobs of the Military Musicians ' Corps are those of lieutenant-colonel on the scale of officers and those of sergeant-to-senior officers on the scale of non-commissioned officers, all with corresponding job descriptions followed by the term "musician."

On the scale of officers, the employment of brigadier general may be attained to fill the posts or posts referred to in Article 97 (2) and with the regulation referred to in that article.

CHAPTER IV

Specialties and professional capabilities

Article 41. Specialties.

1. At each level, there will be fundamental specialties that will be determined regulatively, when the fields of activity in which the tasks of the body are carried out require it. They will be acquired when accessing the corresponding scale.

2. On the basis of certain jobs, members of each scale shall adapt or reorient their professional profile in accordance with Article 75, acquiring a new specialty.

3. In addition to those mentioned in the preceding paragraphs, other specialties and aptitudes may exist to meet the needs of the military organization and the exercise of professional activities in certain organic positions, which will be fixed by the Minister of Defence, who will also establish the requirements and conditions for the change of specialty.

Article 42. Professional capabilities.

1. The specific professional capacity of the members of the Armed Forces to exercise the competences corresponding to each organic position will be determined by the tasks of his body, by the faculties of his scale and specialties and by his employment.

This capacity enables, according to the military, academic and professional titles that are held, to those that are integrated or assigned in each body and scale for the exercise of their competences and the performance of their tasks in all destinations or posts that they may occupy, without any further requirement of professional collegiation.

2. In addition to their professional capacity, the military integrated into the specific bodies of the Armies have in any case the necessary to carry out the tasks not attributed particularly to a concrete body within its Army and for provide services and guards to ensure the functioning and security of the units, centres and agencies.

3. All military personnel shall carry out the services, guards and commissions which, in their category and employment, may correspond to them in their unit, centre or body, the upper unit of their organic chain or, where appropriate, another in their geographical environment, provided that there is no statutory or statutory limitation.

TITLE IV

Teaching

CHAPTER I

General provisions

Article 43. Teaching in the Armed Forces.

1. The purpose of teaching in the Armed Forces is to provide its members with the training required for the professional exercise in different bodies, scales and specialties, in order to meet the needs of the organisation and preparation of the units and their use in operations.

Comprises integral training, the specific training of the military in its professional field, its continuous training and the continuous updating of its knowledge, aimed at the correct performance of its tasks and the appropriate exercise of its functions and powers.

The teaching in the Armed Forces is integrated into the general education system and, consequently, is inspired by the principles and is oriented towards the achievement of the purposes of such a system established in the legal system, with adaptations due to the military condition.

2. The teaching in the Armed Forces includes the teaching of training, the teaching of improvement and the teaching of high studies of national defense.

3. In order to improve the quality of teaching by means of its validation in respect of its purposes, it will be subject to a continuous process of evaluation by the procedures which will be determined in accordance with the criteria. defined in the general education system.

Article 44. Education of training of officers.

1. The training of officers of the general and marine corps has as its purpose the preparation for the professional exercise and the training for the incorporation to their respective scales. It includes, on the one hand, general and specific military training and, on the other hand, a university degree degree in the general education system.

It also includes training for the acquisition of the fundamental specialties that are necessary to perform the different tasks of each body.

2. Teaching for access to the bodies of the Army of Earth, the Navy and the Army of the Air and the Army of the Armed Forces will provide general and specific military training and complete the training. certified technical training with the qualifications required for admission.

Article 45. Teaching of training of non-commissioned officers.

1. The purpose of the training of non-commissioned officers is to prepare and train for the professional exercise and to obtain the essential specialties that are necessary. It shall comprise general and specific military training and technical training corresponding to a higher degree of vocational training.

2. Teaching for access to the Military Musician Corps will provide general and specific military training and will complete accredited technical training based on the requirements for entry.

Article 46. Teaching of complement military training.

purpose of the training of the complement military is the preparation and training for the professional exercise for the assignment of the corresponding officers ' scales. It shall comprise the general and specific military training and technical training required. Where the training is approved in the general education system, the corresponding qualifications shall be provided.

Article 47. Teaching of training of troops and marinery.

1. The training of the troops and mariners is aimed at training them militarily and technically to carry out the tasks and to exercise the powers of the scale and, where appropriate, a fundamental specialty in which they are integrated.

2. This training will begin the preparation for the military of troops and marineria to obtain the title of professional training technician of average grade, or the one corresponding in the case of the specialties of music, integrating in form progressive both theoretical teaching and experience during the exercise of the profession.

Article 48. Further training.

The purpose of the training is to prepare the professional military for the production of specialties, both those that complement the initial training received and those that allow to adapt or reorient their career, and to update or expand knowledge for the performance of their tasks and include general and specific military education system titles. There will be a continuing training offer which will include the processes of progressive professional preparation.

Article 49. High studies of national defense.

1. It is high studies of national defense that are related to peace, security and defense and military policy, oriented both to the professionals of the Armed Forces and to other areas of the Public Administrations and the society.

2. The specific military courses which are to be determined shall also be of such character.

CHAPTER II

Structure

Article 50. Military training centres for training.

1. The education of the officers will be taught at the Military General Academy, the Military Naval School, the General Air Academy and the other military academies to be determined by the Government, on the proposal of the Minister of Defense. Such centres shall be responsible for the teaching of general and specific military training and the appropriate technical training.

2. The training of the non-commissioned officers will be taught at the Basic General Academy of Sub-Officers, the School of Underofficers of the Navy, the Basic Academy of the Air and the other military academies to be determined by the order of the Minister of State. Defense, which will also establish the training centers of the troop and marine soldiers.

3. The training of essential specialties, as well as that of the complement military, shall be provided in the military training centres referred to in the preceding paragraphs and in those other specific ones to be determined by the order of the Minister of Defense.

4. Military training centres will be responsible for the training of pupils and for managing and managing their life regime.

Article 51. University system of defense centers.

1. In order to teach the teaching of university degrees of degree referred to in Article 44.1, the Ministry of Defense will promote the creation of a system of university centers of defense and the affiliation of these institutions. to one or more public universities as provided for in the Organic Law 6/2001, of 21 December, of Universities. The Ministry of Defense shall be responsible for the ownership of such centers to be exercised through the Defense Secretariat. They will be located in the appropriate military training centres for officers.

2. The university of defense, attached to public universities, will be governed by the Organic Law 6/2001, of 21 December, of Universities, by this law, by the regulations applicable to each university and by the corresponding conventions of They will take into account the peculiarities of the military career.

3. The degrees of university degree to be obtained will be those that are agreed in the framework of the corresponding agreement according to the needs of the national defense and the requirements of the professional exercise in the Forces Armed.

4. In the system of university defence centres, studies leading to the acquisition of official postgraduate degrees, both master and doctor, will be provided and lines of research considered to be of interest will be developed and developed. in the field of the Armed Forces and peace, security and defense, collaborating with other entities and public teaching and research agencies.

5. The defence university centres will have their own budget funded from the Ministry of Defence's budget.

Article 52. Centers of high studies of national defense.

The teachings referred to in Article 49.1 will be taught by the Higher Center for National Defense Studies (CESEDEN), which will also carry out research and promotion and dissemination of the culture of defence. The Higher School of the Armed Forces (ESFAS) will provide the refresher courses for the performance of the duties of general officer and for obtaining the higher state diploma. Both centres will conduct studies leading to the acquisition of postgraduate and specific military qualifications.

They will have the organic structure, dependency and competencies that will be determined regulatively. For the development of their tasks and, in particular, to impart the studies leading to the obtaining of postgraduate degrees, they will establish collaborations with the public universities, the university centers of defense and other corporations. public and private, through the relevant conventions.

Article 53. Military training centers for improvement.

By order of the Minister of Defense will determine the military training centers that will teach the necessary teachings for the acquisition of specialties and expand or update knowledge, among which military academies and other military training institutions may be involved.

Military training institutions may provide studies leading to the acquisition of post-graduate degrees and other studies of the general education system, as well as specific military qualifications, establishing, where appropriate, the collaborations referred to in Article 55.

Article 54. Regime of military teaching centers.

1. The general rules governing the organisation and functions, the internal arrangements and the programming of military teaching centres shall be established by the order of the Minister of Defence.

2. The command, direction and government of the military teaching centers is exercised by its director, who is the highest authority of the center, has the representation of this and informs or carries out the proposal for the designation of teachers. The director, who shall be a military officer, shall be responsible for the general, military and disciplinary powers assigned to the heads of unit, centre or body.

3. The internal system of military teaching centres shall determine the single-person bodies and the bodies with the powers of advice, both of their teaching and administrative structures, and of the tasks assigned to them.

Article 55. Collaboration with educational institutions and institutions.

1. The Ministry of Defense will promote collaboration with universities, vocational training centers and educational institutions, civil and military, national or foreign, to teach certain teachings or courses and to develop programs research, through concerts or other types of agreements.

2. Likewise, the Ministry of Defense will promote the collaboration of the General Administration of the State, of the autonomous and local institutions and of the cultural, social and business entities with the military teaching centers.

3. The Ministry of Defense will ask the Ministry of Education and Science for authorization to teach military teaching centers to teach them to obtain official degrees from the general education system, which are not university. The granting of such authorisation shall specify which public institutions in the management field of the Ministry of Education and Science shall be attached to the aforementioned effects.

Furthermore, in such cases, the Ministry of Defense may request the approval of its teaching centers to provide certificates or their recognition to impart convalidable teachings to the competent Public Administration of compliance with the provisions of the existing rules.

CHAPTER III

Access

Article 56. General requirements for admission to military training institutions.

1. The admission to the military training centres shall be carried out by means of public notice through the systems of competition, opposition or free competition, in which the constitutional principles of the training of the military equality, merit and capacity, as well as the other guiding principles for access to public employment.

2. The selection bodies will not be able to propose the entry into the military training centres of a higher number than the number of places called. However, where there are resignations of the applicants selected before their entry, the convening body may require the selection body to supplement the applicants who follow those proposed for their possible appointment. as students. The date of entry into the military training centers is extinguished any other right derived from the selective process.

3. To qualify for admission to military training institutions, it will be necessary to have Spanish nationality; not to be deprived of civil rights; to lack criminal records; not to be prosecuted or charged in any procedure. for criminal offences; not having been separated by a disciplinary file from the service of any of the public authorities or being held on a firm basis for the exercise of public functions and having completed eighteen years.

The tests may also be presented in the year of the call for eighteen years of age, even if their access or entry to a scale will be subject to reaching that age.

The age limits that cannot be exceeded and the qualification to be held or be in a position to obtain within the time limit specified in the call shall be established.

4. The provisions of the above paragraph are without prejudice to the provisions for the access of foreigners in this Law and Law 8/2006, of 24 April, of Troop and Marineria.

5. In the selection process, the tests to be performed shall be appropriate to the level and characteristics of the teaching to be carried out or, where appropriate, to the performance of the corresponding professional tasks.

They will also be used to verify the psycho-physical skills needed to cure the respective curriculum. The physical skills in the process of change of scale may be credited by the certifications referred to the periodic tests performed by the professional military, in the manner that is regulated.

6. In the selection process, there may be no more gender differences than those arising from the different physical conditions which, where appropriate, may be considered in the table of conditions required for entry.

Reglamentarily will determine the way in which the applicants will conduct the tests if they are conditioned by pregnancy, childbirth or postpartum ensuring, in any case, their protection.

7. The time served in the Armed Forces will be valued in the scales to be established in the competition and competition systems.

Article 57. Specific requirements for admission to military training centres for access to official scales.

1. In order to enter the military training centers in order to access the scales of officers of the general and marine corps and the corresponding access to the university centers of defense will be necessary, in addition of the general requirements of the previous article, those required for university education.

It will also be possible to enter the number of places to be determined, with degrees of university degree to be established taking into account the technical and professional requirements of the body and the fundamental specialty to which is to be accessed.

2. For the entrance into the training military training centers in order to access the different scales of officers of the bodies of intrend and engineers of the Army of the Earth, the Navy and the Army of the Air and the common bodies of The Armed Forces shall require titles of the general education system, taking into account the tasks and powers of the body and scale to which it is to be accessed, as well as any other diploma or title of such system which is regulated by law. determine what is necessary for the professional exercise.

Article 58. Specific requirements for admission to military training centers for access to the subofficial scales.

1. In order to enter the military training centers for access to the subofficial scales of the general and marine corps, the conditions required in the general education system will be required to access the centers. of the teaching in which the title of the higher technician is obtained.

It will also be possible to enter the number of places to be determined, with the qualifications of vocational training which are regulated in accordance with the technical and professional requirements of the scale to which the to access.

2. In order to enter the military teaching center for access to the scale of officers of the Military Musician Corps, training will be required, which will be determined in a regulated manner, necessary for the exercise of their tasks.

Article 59. Access to the scales of officers and non-commissioned officers.

Superseded the curricula and, where appropriate, the evidence to be determined in regulation and compliance with the requirements for university degrees in the case of officers and in the professional training subofficers of the highest grade, or those corresponding to the case of the Military Musicians ' Body, shall be accessed at the corresponding scale, without exceeding the number of access places established in the provision of the year of entry.

Article 60. Add-on military access.

Existing places for access to military complement will be announced by public notice and will be covered by the selection systems set out in Article 56 with the requirements of degree certificates. a university which is regulated to be determined in order to conform to the characteristics of the teaching to be carried out and the performance of the corresponding professional tasks.

Article 61. Access to the military of troops and marineria.

The existing positions for military access to troops and marineria will be covered, with objective parameters of selection, in a continuous process of the form that is determined to be regulated in order to maintain the objective of the troops. established. Selective testing may be performed on an individual or collective basis.

Article 62. Change of scale.

1. The Ministry of Defense shall promote and facilitate the promotion processes that permit the change of scale and, where appropriate, of the body, of the professional military personnel who meet the required requirements. In these processes, the merits, including the time of service, will be assessed, will reserve entry places and, where appropriate, facilities will be provided to obtain degrees from the general education system.

2. For admission to the military training centers for the access to the scales of officers of the general and marine corps, a percentage of the places will be reserved for the officers and the soldiers of the troops and marineria. of the respective Army, to be established by the Council of Ministers in the multi-annual programme for the provision of places referred to in Article 18.

In order to allow the promotion of the officers of the Military Musicians ' Corps in their access to the official level, in the "direction" or "instrumentalist" specialties, they will reserve entry places and will be given facilities for obtaining the necessary qualifications.

For the promotion of the troops of troops and marineria at the scales of non-commissioned officers, the reserve of places provided for in Law 8/2006, of April 24, of Tropa and Marineria will be applied to them.

3. Regulations shall determine the employment, age limits, merit to be assessed, selection processes and other requirements and conditions for the change of scale and, where appropriate, of body.

4. The incorporation at scales of the same level of different bodies will be done by preserving the employment and the time of services fulfilled in the scale of origin, establishing regulentarily the procedures for determining the order of escalafon in the new scale.

5. For admission to military training centres for access to the scales of officers with a qualification requirement, as provided for in the second subparagraph of Article 57 (1) and in Article 57 (2), a reserve may be reserved percentage of seats to complement military personnel who are assigned to those officer scales and the time of service shall be assessed.

Article 63. Students of the courses of improvement and of high studies of national defense.

The selection of students to attend the courses referred to in Articles 48 and 49 shall be made by means of the systems of competition or opposition or by means of evaluations such as those laid down in Article 92.2. Assistants may also be appointed directly, taking into account the needs of the organisation and taking into account the qualifications of the staff. In order to access courses that correspond to official qualifications of the general education system, the requirements laid down in the current regulations must be met.

CHAPTER IV

Study Plans

Article 64. Training education.

1. The training education for the incorporation or assignment of the different scales shall include the plans of general and specific military training studies and, where appropriate, the technical and curricula of the corresponding qualifications of the general education system. The curricula, in their respective fields, shall comply with the following criteria:

a) Provide the training and specialization required for incorporation to each body and scale.

b) Facilitate the acquisition of general education system titles.

c) Ensure complete human formation and full personality development.

d) Promote constitutional principles and values, contemplating the cultural plurality of Spain.

e) Ensuring knowledge of the missions of the Armed Forces defined in the Constitution and in the Organic Law of National Defense.

f) Promote the military's values and behavior rules.

g) Develop in the student skills to take on the process of knowledge and adapt to its evolution.

2. The criteria set out in the previous paragraph shall be adapted to the different levels of education for access or assignment at official scales, sub-official scales and troop or seafaring scales.

Annually by the Assistant Secretary of Defense, the calendar of activities that will integrate the teachings corresponding to the titles and the military training will be approved for each center, and will facilitate coordination in its activities. execution.

3. The teaching of foreign training, in addition to what is stated in paragraph 1, will have as one of its aims to convey the essential knowledge about the Constitution, history and culture of Spain.

Article 65. Approval of the curricula.

1. The plans for studies of general and specific military training and, where appropriate, technical training shall be in accordance with the definition of the skills and design of profiles for the professional year established taking into account the provisions of Article 12.1.e. The Minister of Defence shall determine the general guidelines for such plans and approve those corresponding to the teaching of training for access to the scales of officers, non-commissioned officers and soldiers and mariners or for the assignment of the Complement military personnel.

2. Plans for studies to obtain formal university and vocational training qualifications shall be approved and implemented in accordance with the specific rules of the general education system.

3. The duration of the training in the various processes will result from the integration of the plans of military training studies with those corresponding to university degree degrees, in the case of officers, and training professional, in the non-commissioned officers, to be obtained. In cases of entry with prior qualification or to change the duration of the training periods, the duration of the training periods shall be adapted to the various procedures and taking into account the qualifications or convalidations that are applicable.

Article 66. Degrees and validations.

1. Convalidations may be performed between the subjects or group of subjects in the general education system or in the teaching in the Armed Forces and those that are similar in credits and content.

2. Professional military personnel shall be awarded the titles of the general education system which they have obtained and those diplomas or certificates certifying the completed courses and the activities carried out, the professional qualifications and the acquired specialties.

3. The titles of the general education system will be fully implemented in all areas. The other diplomas and certificates may be validated and approved with official titles of the general education system by agreement between the Ministry of Defence and the Ministry of Education and Science or other Public Administrations. have competence in the field.

CHAPTER V

Student and Teacher's Regime

Article 67. Status as a pupil of training education.

In making their presentation, those who enter the military training centers will sign a document of incorporation into the Armed Forces according to the model approved by the Minister of Defense, except those who already have belong to them, and they will be appointed students. From that moment on they will have a military condition, without being bound by a relationship of professional services, being subject to the regime of rights and duties of the members of the Armed Forces and the criminal and disciplinary laws. military.

Article 68. Scheme for pupils in training education.

1. The students are subject to the training of military training centres in which they are trained. Such a scheme shall be established in accordance with this Chapter.

The students ' status in the university of the defence will be established in the relevant agreements of membership without prejudice, in any case, to their military status.

2. Students in training courses may be granted, in the event of an academic, practical and remuneration which is determined in a regulated manner, the employment of employees, sergeant and soldier, with the names of the students. specific to the establishment of the internal rules of the military training centres.

3. Students who previously have a military job will retain the administrative rights attached to them, although they will be subject to the same regime as the rest of the students. Upon entering the military training centers, they will remain or move on to the active service situation.

When accessing the new scale they will cause low in origin, with the consequent loss of employment on the previous scale, without prejudice to the provisions of Article 62 for the change of scale, but maintaining the rights derived from the time of services they have fulfilled.

Article 69. Internal regime of military teaching centers.

1. The aim of the regulation of the internal system of training military training centres will be to facilitate the development of curricula in such a way that they meet the criteria set out in the previous chapter, taking into account the Account must be made of the requirements of military training and the progressive adaptation of the student to the military environment, with those required to obtain degrees from the general education system.

2. Offences of an academic nature in training are not included in the military disciplinary system and will be sanctioned in accordance with the rules of the internal system of the educational institutions in which they are studying.

3. The general rules of the internal regime of military teaching centres shall be approved by the Minister of Defence.

Article 70. Ratings and ratings regime.

1. The training process will verify, with objective criteria, the knowledge acquired by the students, the development of their training and their performance and the corresponding evaluations and qualifications will be carried out with criteria similar.

Assessments and qualifications are used as a basis for guidance to students on their school performance and fitness for the service, assess their capacity and determine whether they exceed the tests provided for in the curricula.

2. These qualifications shall be used to establish the relative order for incorporation or membership of the corresponding scale. Systems, based on objective criteria, shall be determined in order to integrate into a single final classification to which from various sources they are incorporated or assigned to a scale in the first job.

Article 71. Loss of pupil status.

1. Pupils in training may be able to leave at their own request at the appropriate military training centre. In this case, the Minister of Defence shall determine the assumptions on which the State is to be financially compensated and shall establish the amounts taking into account the cost of the training received, provided that it is more than two years.

2. A student's discharge may also be agreed for any of the following reasons:

a) Impairment of psycho-physical conditions.

(b) Not to exceed, within the prescribed time-limits, the evidence provided for in the curricula.

(c) Caregiving of the qualities in relation to the constitutional principles and the rules of conduct of the military referred to in Article 64.1 (d) and (f) accredited in extraordinary personal file, by means of reasoned resolution and after hearing of the data subject.

d) Imposition of disciplinary sanction for serious misconduct in accordance with the provisions of the Organic Law 8/1998 of 2 December, of the Armed Forces Disciplinary Regime.

e) Firm conviction for felony offense.

f) Loss of Spanish nationality or, in the case of foreigners, the one of origin without acquiring the Spanish or other of those that allow access to the condition of military complement or military of troops and marineria.

(g) Failure to comply with the conditions of Article 56, contrary to what the data subject has stated, to qualify for membership in the relevant military training centre.

3. The Minister of Defence will determine the table of psycho-physical conditions and the time limits for overcoming the curricula of general and specific military training and to obtain the qualifications for access to the different scales. Such time limits may be established for the purpose of overcoming each academic year and the entire training process.

4. The decision of the disciplinary file which agrees to the ground for the reason expressed in paragraph 2 (d) may be the subject of the military-disciplinary action covered by the Organic Law No 8/1998 of 2 December 1998 on the the Armed Forces, before the Central Military Tribunal. In the other cases referred to in paragraph 2, the provisions of Article 141 shall apply.

5. By causing low students they will lose their military status, unless they have them before they are appointed students, and the military employment they could have achieved with eventual character and the initial commitment of who would have signed it will be resolved. The discharge in the military teaching centres, from which they have acceded in accordance with Article 57.1, shall entail the discharge at the university of the defence concerned.

Article 72. System of students of courses of improvement and of high studies of national defense.

The professional military students of training courses and of high studies of national defense, during their attendance to the same, will be in active service situation. The call for the course will regulate whether they retain or cause low in the origin destination, in accordance with the general rules for the provision of destinations.

Women will be provided with new opportunities to attend these courses, in accordance with what is established, when in situations of pregnancy, childbirth or postpartum, they cannot attend the call.

Article 73. Teachers in the teaching structure of the Ministry of Defense.

1. General and specific military training in military training centres for officers will be provided by military teachers who will also develop mentoring and support tasks in collaboration with the university's defence centres.

2. In the universities of the defense, the teaching of university degree will be taught by teachers who have the appropriate training in accordance with the Law of the Organic Law 6/2001, of 21 December, of Universities and the corresponding Attachment conventions.

3. In the other military teaching centers in the teachers ' cadres, the Armed Forces personnel will be integrated. Professional military personnel of any scale, who meet the requirements and have the required qualifications and, where appropriate, the duly entitled and accredited civil personnel, may be teachers.

4. In order to be a teacher, he needs to be recognized for his/her competence, based on qualifications, preparation, professional experience and pedagogical aptitude.

5. The Minister of Defense shall lay down the general requirements of the faculty of the military teaching centers, the specific requirements of each area of knowledge and the conditions of their exercise. In the case of centres providing lessons for the attainment of the titles of the general education system, the requirements of this system shall be taken into account.

TITLE V

Military Career

CHAPTER I

General provisions

Article 74. Military career.

1. The military career of the members of the Armed Forces is defined by the occupation of different destinations, the rise to successive jobs and the progressive training for positions of greater responsibility, combining preparation and experience. professional in the performance of the tasks of his/her body and in the exercise of the faculties of his/her scale and, where appropriate, of the specialties he has acquired.

2. The professional trajectory of the complement military shall be in accordance with the commitment they have acquired and the performance of the tasks of the body to which they are attached.

Article 75. Career development.

1. In order to meet the requirements of the military organization in the first two jobs of each scale, the professional military will preferably occupy operational positions corresponding to the fundamental specialty acquired in the access to the scale.

From certain jobs, they will reorient their professional profile for the performance of tasks in different fields of activity or adapt it to perfect themselves within those who have been exercising, acquiring, if necessary, a new craft.

The articulation of the new specialties with the origin of the new specialties will result in the development of different trajectories to occupy different destinations according to the requirements of the same ones, and the maximum can be reached jobs of each scale.

2. It will be a requirement for the promotion of the employment of lieutenant colonel in the scales of officers of the general and marine corps to obtain the qualifications, which will be determined by the order of the Minister of Defense, to exercise, with a greater specialization, tasks in the fields of major status, operations, human resources, intelligence, international relations, logistics, social communication, and in how many are accurate for the command, direction and management of the Armed Forces.

3. For the promotion of a lieutenant colonel in other bodies it will be necessary to obtain the qualifications to be determined by order of the Minister of Defense for further specialization in the corresponding fields of activity.

In the case of the bodies of tendency, their capacity will be strengthened in the execution of tasks related to the financial, budgetary and contracting activity in the higher bodies of the Ministry of Defense and the Forces Armed, as well as related to management logistics.

In the corps of engineers, this major specialization will be aimed at establishing specifications for the design, development and manufacture of weapons systems, in the direction of research and development programs and in securing their quality control, especially in the procurement bodies, or in their case the planning and development of infrastructure and environmental policies, as well as their supervision and management.

4. The members of the non-commissioned officers of the general and marine corps shall obtain the necessary specialties to be able to exercise, on the basis of the use of brigade, logistical and administrative functions.

5. The military career of the members of the troop and marinery scales, as provided for in Law 8/2006, of April 24, of Troop and Marineria, will begin with an initial commitment, renewable to complete a maximum of 6 years, during which fill the posts corresponding to the specialty acquired in the access. Subsequently, they will be able to subscribe to a long-term commitment, from which a permanent service relationship can be accessed with the acquisition of the career military condition. From the age of 45 years, those who have this condition, will orient their trajectory, preferably and according to the needs of the Armies, to the performance of logistic and administrative functions.

CHAPTER II

Condition and commitments of the professional military

Article 76. Acquisition of the condition of military career.

1. The status of a military career is acquired by joining a scale of officers or non-commissioned officers with the acquisition of the first military job, after the corresponding curriculum has been completed and obtained the required degree.

2. The first military use of each scale of officers or non-commissioned officers will be conferred by the King and endorsed by the Minister of Defence.

3. The military personnel of troops and marineria also acquire the status of military personnel when, as provided for in Law 8/2006, of 24 April, of Troop and Marineria, they access a relationship of services of a permanent nature.

Article 77. Acquisition of the condition and commitments of the complement military.

1. The condition of military complement is acquired when assigned to a scale and body by overcoming the corresponding curriculum and signed the initial commitment, with the use of a lieutenant conferred by the Minister of Defense. The undertaking shall have a duration, from its appointment as a pupil, of three years or eight years as provided for in the relevant call for the training to be received and the tasks of the bodies to which it is attached.

2. The renewal of the commitment of the complement military can only be done up to a maximum of eight years of service. For the signature of the new commitment it will be mandatory to have been previously evaluated and declared suitable. The conditions, requirements and procedures for commitment renewals shall be established.

3. Those who have entered a military training centre for career military access and who, during the course of the course of the study plan, are committed, will be granted an extension which will end with the completion of such a plan or with the as a pupil.

4. Those who are part of military units assigned to missions outside the national territory, for a period of three months or more, may extend their commitment up to 15 days after the end of the mission, if so request, when their engagement ends during the development of such missions.

Article 78. Acquisition of the condition and commitments of the troops of the troops and marineria.

The status of troop and marinery military is acquired when incorporated at a scale after the training period determined in the call for selective testing for access to such a condition and signed the commitment Regulation (EU) No 139/2014 of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament

of the European Parliament

CHAPTER III

Military History

Article 79. Military history.

1. The military's professional vicissitudes will be reflected in their individual military history, of confidential use, which will consist of the following documents:

a) Service sheet.

b) Collection of personal reports.

c) Academic file.

d) Psycho-physical fitness file.

2. The military record shall not include any data relating to race, religion, opinion or any other personal or social condition or circumstance, which may constitute a cause of discrimination.

3. The Minister of Defense shall establish the characteristics of the documents that make up the military history adapted to the type of relationship of professional services and will dictate the rules for their elaboration, custody and use and to guarantee the the right to access to the history itself, except for reports that are classified as confidential or reserved.

Article 80. Service sheet.

1. The service sheet is the objective document, in paper or computer support, in which the facts and circumstances of each military person since their incorporation into the Armed Forces are exposed.

Includes the scale to which you access, jobs, promotions, destinations, specialties and administrative situations, description of notable facts and meritorious acts, personal or collective rewards and congratulations, as well as the offences or offences and the corresponding penalties or penalties which have not been cancelled.

2. The cancellation of an annotation of punishment for serious misconduct or extraordinary disciplinary sanction, in accordance with the provisions of the Organic Law 8/1998, of December 2, of the Disciplinary Regime of the Armed Forces, will produce the effect of nullifying the registration in the service sheet without being able to certify it, except where requested by the competent authorities for the exclusive effects of the regulatory assessments, the granting of rewards and the allocation of those destinations whose performance is considered incompatible with the nature of the conduct which have determined the penalties in question. The possibility of certifying already cancelled annotations will be extended to penalties imposed in any jurisdiction.

3. The academic and minor disciplinary offences of the pupils in the training course shall limit their effects to the school term and shall not be included in the service sheet of the person concerned.

Article 81. Personal reports.

1. The personal rating report is the objective assessment of predetermined concepts that will allow to appreciate the qualities, merits, skills, competence and form of professional performance of the military.

The reports will be performed by qualifying boards consisting of three qualifiers of which one of them will be the senior's hierarchical superior.

By order of the Minister of Defense the periodicity of the reports and the cases in which, depending on the organic structure, the hierarchical superior will act as the only qualifier will be established.

2. The hierarchical superior of the qualified person who is part of the board must, in any case, inform and guide the person concerned about his competence and the form of professional action. The person concerned may make claims in this respect, which shall be attached to the personal rating report.

3. The personal rating report, together with the allegations, will be raised through the superior's hierarchical superior, according to the previous section, to the Command or Chief of Staff of the corresponding Army. Such a hierarchical superior shall make an individual and aggregate assessment of the reports and shall record any evaluable observations as appropriate to establish the objective assessment of the ratings made and of the claims submitted.

4. The collection of personal reports will include how many are used in the assessments regulated in this law, as well as the result of these in what affects each person concerned. It may also include studies or assessments aimed at identifying their professional performance, based on information from other military personnel who have had a professional relationship with the person concerned.

5. The Minister of Defence shall lay down the rules governing the personal reports, with the express indication of the procedures for submission of the military report. The personal rating report model shall be common for all career military personnel without prejudice to the setting of specific conditions for different bodies and scales. Similar criteria shall be established for other professional military personnel.

Article 82. Academic record.

In the academic record will consist of academic qualifications, certifications and accreditations of the qualifications obtained and studies carried out within the teaching in the Armed Forces, as well as those corresponding to other titles or studies recognised both in the civil and in the field of military education in other countries.

Article 83. Physical fitness file.

1. The physical fitness file shall include the results of the medical examinations and the psychological and physical tests, which shall be carried out with the content and periodicity to be established in accordance with the employment, body, scale or craft, age and other personal circumstances. Such examinations and tests may be carried out at any time, on the basis of an informed initiative of the person concerned or of the head of his unit, centre or body.

2. Surveys and tests may include tests and checks on a compulsory basis, aimed at detecting the states of intoxication and the consumption of toxic drugs, narcotic drugs or psychotropic substances.

3. In the regulatory norms that establish the rules of behavior of the military, they will be referred to the attention and care of the health and to the prevention of behaviors that attack against it and whose failure will be reflected in the regime disciplinary of the Armed Forces.

The Ministry of Defense will promote physical education and sports practices by being important elements in the maintenance of psycho-physical conditions, which also favor solidarity and integration.

4. The results of the medical examinations shall be safeguarded by the degree of confidentiality that the health legislation confers on them.

Article 84. Personnel record.

1. In the Ministry of Defense, there will be a personnel register in which all professional military personnel will be registered and in which the data of administrative significance of the military history will be recorded.

2. The Minister of Defence shall lay down the general rules governing the registration of personnel and their functioning, taking into account the legislation on the protection of personal data.

CHAPTER IV

Evaluations

Article 85. Purpose of the evaluations.

The professional military will be evaluated to determine their aptitude for the promotion of higher employment, to select the assistants to courses and to check the existence of insufficiency of professional faculties or psycho-physical conditions.

Those who maintain a service relationship through commitments will be evaluated to determine their suitability for renewal.

Article 86. General rules for assessments.

In each assessment, the circumstances of those interested in the aspects of their personality, psycho-physical conditions, competence and professional performance related to the object of the same will be analyzed, considering the following documentation:

a) Military history.

b) the additional information provided by the person concerned, at the request of the assessment body or on his own initiative, on his professional performance which is of interest and may not be reflected in his military history.

(c) The certifications referred to in Article 80.2.

(d) Any other report deemed appropriate by the assessment body, in particular those that complete the information on the professional performance of the data subjects.

Article 87. Assessment bodies.

1. Evaluation bodies will be available to carry out those defined in this law. They will be made up of higher-employment military personnel than those assessed. Its composition shall be determined, as far as possible with the balanced application of the gender criterion, the incompatibilities and the rules of operation.

2. In the evaluations for the promotion of the employment of brigadier general or which affect members of the category of general officers, the Superior Council of the corresponding Army will act as an evaluation body. In other cases it will be for evaluation boards.

3. The Minister of Defense, prior to the report of the Chiefs of Staff of the Army of the Earth, the Navy and the Army of Air, will establish in general the merits and aptitudes that must be considered by the evaluation bodies according to the objective of this, as well as the procedures and objective rules of assessment. These objective standards, which will be published in the "Official Gazette of the Ministry of Defence", will contain the assessment of the destinations, specialties and titles, as well as how many professional events reflected in the military history identify the professional trajectory of the assessed.

CHAPTER V

promotions

Article 88. Promotion schemes and systems.

1. The promotion system aims to ensure that professionals with the right skills and experience are available in successive jobs of each scale, in order to achieve the maximum effectiveness and cohesion of the Armed Forces. It must enhance the merit and capacity of its members and encourage their professional preparation and dedication.

2. Promotions to different jobs will be produced by applying the following systems:

a) Choice. Promotions will be among those most trained and suitable military personnel to access higher employment.

b) Classification. Promotions will be produced by the order derived from an evaluation process.

c) Contest or contest-opposition. The promotions shall be carried out among those who request it in the order obtained in the corresponding selective process.

d) Antiquity. Promotions shall be carried out in accordance with the order of steps of the persons concerned.

3. The promotions of the professional military shall be the result of the immediate higher employment provided that the conditions laid down in this law are met and on the occasion of vacancy on the corresponding scale, except in the age of promotions in which the will produce the service-time promotion that is determined to be regulated for each job and scale.

Article 89. Promotion to different jobs.

1. The promotions to the different jobs at each of the scales will be carried out using the following systems:

a) To general officer jobs: The one of choice.

b) A colonel: the choice.

c) A lieutenant colonel and a commander: The ranking.

d) A captain: The old one.

e) A major sub-officer: The one of choice.

f) A sub-lieutenant and a brigade: The classification.

g) A sergeant first: The old one.

h) Major: The choice.

i) First and out: The contest or contest-opposition.

2. Promotions to the employment of lieutenant colonel in the technical scales of the corps of engineers and on the scale of nurses officers will be carried out by the system of choice.

Article 90. Conditions for the ascent.

1. For the promotion of any military use, it is necessary to have in the former the time of services and the permanence in certain types of destinations that are established by the Minister of Defense for each scale and employment.

2. For the promotion of the jobs that are regulated by regulation, it will be necessary to have passed refresher courses; for the promotion to lieutenant-colonel will be required degrees, specific military or general education system, obtained in the the scope of the improvement and for the further promotion of the technical qualification of the general education system. All this with the criteria laid down by the Minister of Defence, taking into account the provisions of Article 75.

3. The woman will be given special protection in pregnancy, childbirth and postpartum situations to meet the conditions for the promotion of any military employment.

4. They shall cease to be assessed for the promotion by choice or by classification which has been the maximum number of cycles for each scale and employment determined by the order of the Minister of Defence.

5. For the promotion of military employment, even to that of the brigadier general, it is an essential condition to have been assessed in the manner regulated in this chapter and according to the objective standards of valuation referred to in Article 87.3.

Article 91. Vacancies for promotion.

1. Vacancies occurring in the different jobs of each scale shall be given to the promotion for any of the following reasons:

a) Ascenso.

b) Incorporation on another scale.

c) Pass to the administrative situations where the military condition is suspended and the status of suspension of employment.

d) Pass to the reservation or withdrawal situation, in the event that it is done from the administrative situations not referred to in the previous paragraph.

e) Loss of military condition.

f) When the prisoner is stopped or disappeared in the active service situation.

g) Death or declaration of deceased.

2. The vacancies existing in the indistinct establishment of general officers as well as the posts of that category in the House of His Majesty the King and in international organizations or other agencies abroad, may originate from the belonging to any body that meets the conditions for it.

The appointment of a general officer to fill those positions will be vacant in that of his body if he has previously occupied a destination of those expressly assigned to him. The surplus of the template which may arise from the termination of the charge shall be amortised in accordance with Article 16.5.

The general officer indistinct, as well as the one who holds positions in the House of His Majesty the King or in international organizations or other agencies abroad, may ascend to the immediate higher employment of his body if meets the conditions for this.

3. When a vacancy occurs, the administrative act which caused it shall be deemed to be the date of the date of the day. Where such vacancy is vacant in the lower jobs, the date of seniority with which the new jobs are conferred shall be the same for all of them and shall be determined as laid down in Article 23.2.

Article 92. Assessments for promotion.

1. The assessment for the promotion is intended to determine the suitability or the non-fitness for the same and, where appropriate, the conditions of suitability and priority, based on merit and capacity, which will give rise to the corresponding classification of the assessed. They shall be carried out on a regular basis and shall affect the military personnel in the scale areas to be determined in accordance with the following Articles and, where appropriate, those who opt for the promotion of the competition system or concourse-opposition.

In the promotions by choice and classification the evaluations will take effect during a cycle of promotions and in the contest or contest-opposition and seniority until the corresponding ascent is granted, unless, in all the systems, which will be some circumstance that will advise to evaluate the affected again.

The duration of the cycles in the promotions by choice and classification will be one year. The Minister of Defense, prior to the report of the Chief of Staff of the corresponding Army, may modify that duration when special circumstances so advise.

2. Evaluations shall be available to select those who are required to attend certain refresher courses, in the number to be set by the Minister of Defence, carried out by assessment bodies, in accordance with the objective assessment standards referred to in Article 1 (1). Article 87.3. The appointment of those who need to be evaluated and those who will attend the courses will be the responsibility of the Chief of Staff of the Army of the Earth, the Navy and the Air Force, prior to the report of the respective higher council.

3. Once the climbing areas are established for the ascent and those who need to enter into evaluation to attend the refresher courses, a deadline will be opened for those interested who wish to apply for their exclusion from the assessment. Those who will not be evaluated for promotion on two occasions will remain in their employment until their pass to the reserve situation and those who resign twice to attend refresher courses will not be called again.

Article 93. Assessments for promotion by choice.

1. They shall be assessed for the promotion by choice of those of the lower immediate employment meeting or being able to meet during the promotion cycle the conditions laid down in Article 90 and are located in the scale areas for each job and scale. determine the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force. On the order of the Minister of Defense, after the report of the Chief of Staff of the corresponding Army, the maximum and the minimum of the ratio between the number of evaluated in each cycle and the one of Planned vacancies, concreteness for each job and scale.

2. The assessment shall specify the conditions of priority and suitability of all assessed in terms of the professional skills and abilities required for the performance of the higher employment destinations.

The evaluation for the promotion of brigade general will be carried out by the High Council of the corresponding Army and elevated to the Minister of Defense by the Chief of Staff of the respective Army, who will add his own report for the purposes referred to in Article 97.1.

Assessments for promotions to jobs in the categories of officer, sub-officer and troop and marineria to which they are elected will be carried out by assessment bodies and, once informed by the Higher Council. concerned, elevated to the Chief of Staff of the respective Army, who will add his own report and propose to the Minister of Defense for approval of the final order for promotion for the purposes set out in Article 97.4.

Article 94. Assessments for classification promotion.

1. The conditions laid down in Article 90 shall be assessed for the promotion by the classification system before the conditions laid down in Article 90 are started and the conditions laid down in Article 90 are met for each job and scale. determine the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force. On the order of the Minister of Defense, after the report of the Chief of Staff of the corresponding Army, the maximum and the minimum of the ratio between the number of evaluated in each cycle and the one of Planned vacancies, concreteness for each job and scale.

2. The evaluations shall indicate the aptitude or, motivating, the non-fitness of the evaluated for the ascent and analyze the conditions of priority and suitability in terms of the faculties and professional abilities required for the performance of the destinations of higher employment, which will determine the classification of the assessed.

The evaluation, once informed by the corresponding Superior Council, will be elevated to the Chief of Staff of the respective Army, who also taking into account his own assessment, will declare in the first term the aptitude or not aptitude of those assessed for promotion and approve their ranking order.

Article 95. Evaluations for promotion by contest or contest-opposition.

1. They will be evaluated for the promotion by contest or contest-opposition all of the lower immediate employment that voluntarily concurs with the conditions and time in the employed job. In the corresponding calls, which will be approved by the Chiefs of Staff of the Army of the Earth, the Navy and the Air Force, the area of escalafon will be established, the specialties, if any, and the conditions required for participate in the contest or contest. The places in the corresponding calls may be offered to different scale areas, the selection processes being carried out separately.

2. In the system of competition, the assessment of the merits established in the call, carried out by the relevant assessment body, according to the general criteria and scales established by the Chiefs of Staff of the Army of Land, the Navy and the Army of Air, for each job and scale, will determine the result of the contest and, consequently, the relation of those who must ascend in the number of places called, by the resulting order.

In the system of concurring-opposition in addition to the valuation of the merits set out in the previous paragraph, the scores obtained in the opposition phase will be taken into account according to what is specified in the corresponding call.

Article 96. Evaluations for ascent by seniority.

1. They shall be assessed for the promotion of the system of seniority prior to the service times set for each job and scale, who fulfil the conditions laid down in Article 90.

2. The assessment shall specify the aptitude or, motivating it, the non-fitness of those assessed for promotion.

Once the evaluation has been carried out, it will be elevated to the corresponding Chief of Staff, who will declare the aptitude or non-fitness of those evaluated for the promotion.

The fitness declaration for the ascent shall be valid until the ascent occurs, without prejudice to the provisions of Article 92.1. Those declared unfit shall be re-evaluated in the following assessment corresponding to those of their employment and scale.

Article 97. Promotion of promotions.

1. The promotions to the jobs of the category of general officers will be granted by royal decree agreed upon in the Council of Ministers, on the proposal of the Minister of Defense, who to carry it out will hear the Chief of Staff of the corresponding Army. In the promotion of a brigade general, it is necessary to assess the evaluations provided for in Article 93 and in all cases the suitability to fill the positions or vacant posts to which the ascents must have access shall be taken into account.

2. In bodies where the maximum employment of the officers ' level is that of a division general, as provided for in Title III, higher employment may be attained if one of the posts or posts constituting an indistinct template is concerned. of general officers or in the House of His Majesty the King or in international organizations or other agencies abroad. The cessation of such posts or posts will be transferred to the reserve situation.

3. The ascents of the brigade of the Military Musicians Corps provided for in Article 40.2 will be granted by royal decree agreed upon in the Council of Ministers on the proposal of the Minister of Defense, who to carry out it will take into account the opinion of the Board of Governors referred to in Article 15 (3), meeting in an extraordinary manner for this purpose.

4. The granting of promotions by the election system, not referred to in paragraph 1, is the responsibility of the Chief of Staff of the corresponding Army following the ordination approved by the Minister of Defense as provided for in the article. 93.

5. The competence for the granting of promotions by the systems of classification, contest or concurrence and seniority corresponds to the Command or Chief of Staff of the corresponding Army.

Article 98. Declaration of non-fitness for promotion.

1. The declaration of non-fitness for the promotion of the professional military, based on the evaluations regulated in the previous articles, is the responsibility of the Chief of Staff of the corresponding Army. Those who are declared unfit for promotion will not be able to ascend until they are again assessed.

2. If a professional military officer is declared unfit more than twice in the evaluation for promotion to the same job, the Chief of Staff of the corresponding Army will raise the proposal to the Minister of Defense, who, if appropriate, will declare to the affected not suitable for the ascent with a definitive character.

3. Professional military personnel who are declared unfit for promotion on a permanent basis shall remain in their employment until their status as a reserve, unless the decision taken in the file referred to in Article 119 is taken into account. derive the withdrawal pass or, where applicable, the resolution of the commitment.

CHAPTER VI

Destinations

Article 99. Targets.

1. The professional military may occupy positions and destinations in the units, centres and agencies of the Ministry of Defence, including those of its management bodies, which shall be assigned on the basis of the criteria determined in the relevant relations. of military posts or posts, as appropriate.

2. It will also be able to hold positions and destinations in the Presidency of the Government and, in the case of safety and defence-related organic positions, in international organisations or in other ministerial departments.

3. The professional military may be appointed to occupy positions or destinations in the House of His Majesty the King. His appointment and replacement shall be made in accordance with the provisions of Article 65.2 of the Constitution.

4. In order to participate in missions outside the national territory, to supply absences from the destination due to causes provided for in this law or when other needs of the service so require, the professional military may be appointed to carry out commissions service of a temporary character, preserving their destination if they have.

Article 100. Classification of the targets.

1. The destinations, according to their form of allocation, are of free designation, of merit and of provision by seniority.

2. Free-designation destinations are those for which professional and personal conditions of suitability are required, which the authority empowered to grant to them shall be at the discretion of those who fulfil the requirements laid down for the post, (a) prior to the collection of the information necessary for the above conditions. The criteria for determining posts which for their special requirements and liability should be covered by this procedure shall be laid down.

3. Merit contest destinations are those that are assigned taking into account the merits that are held in relation to the requirements required for the position.

4. It is provision-by-age destinations that are assigned in order of scale, among those interested who meet the requirements for the position.

5. In the relations of military posts the form of allocation of each of the destinations will be concretized taking into account the professional profiles and applying the criteria that the Minister of Defense determines.

Article 101. Provisioning of targets.

1. The general rules for the provision of destinations shall include the minimum time and, where appropriate, the maximum length of stay in the destinations and the allocation procedures in the absence of petitioners, taking into account the characteristics of the vacancy, military records of those which may be intended and the geographical mobility to which the professional military is subject. Those rules shall establish, with objective criteria, the limitations for access to certain destinations, without any discrimination being possible.

2. The vacancy of destinations shall be published in the Official Gazette of the Ministry of Defence, stating the specific name of the post in the unit, centre or body concerned, its characteristics, including remuneration, the requirements to be applied for their occupation in accordance with the relations of military posts and the time limits for the submission of applications.

The destinations of head of unit, centre or body and those of those who are incorporated on a scale or exceed certain courses of improvement may be granted without prior publication of vacancy in cases established by the Deputy Secretary of Defense or the Chief of Staff of the corresponding Army.

Among the requirements required to occupy certain destinations, age limits may be included and special psycho-physical conditions to be established which will be accredited according to the file referred to in the article 83.

3. A military woman who is a victim of gender-based violence who is forced to cease at her destination to make effective her protection or her right to comprehensive social assistance shall have the right of preference, under the conditions which are determined, to occupy another destination that is vacant and the provision of which is necessary.

4. In the relations of military posts will be identified the destinations that will not be able to be occupied by those who have ceased to be evaluated for the ascent by choice or classification, have renounced twice to be evaluated for the promotion or to attend refresher courses, have been declared to be of a definitive nature unfit for promotion or have been subject to a file of insufficient professional faculties or psycho-physical conditions as a function of the result of these files.

5. The destinations of the troops of troops and mariners during the initial commitment shall be in accordance with what is specified therein; however, on a voluntary basis, they may be eligible for other purposes under the conditions which they shall determine. From the first renewal of commitment they will be subject to the general rules for the provision of destinations.

6. During the period of pregnancy, the military woman shall have the right to take, by prescription, an organic position or a position appropriate to the circumstances of her state which may be different from the one she was carrying out. The application of this assumption does not imply loss of the target.

Article 102. General officer appointments and appointments.

1. The Council of Ministers shall determine by agreement the positions of general and general lieutenants whose appointment shall be made by the Council of Ministers by means of a royal decree, on a proposal from the Minister of Defense.

2. The appointment and termination of the other charges for general officers is the responsibility of the Minister of Defence.

Article 103. Allocation of targets.

1. The allocation of the free designation destinations corresponds to the Minister of Defense, except the destinations of the staff of the Armies to posts of the organic structure of these, which correspond, according to the one destined, to the Heads of General Staff of the Army of the Earth, Navy and Air Force.

2. The allocation of the destinations by merit and provision contest for seniority is the responsibility of the competent organ of the Deputy Secretary of Defense, except the destinations of the staff of the Armies to posts of the organic structure of these, which correspond, according to the one assigned, to the Command or Chief of Staff of the respective Army.

Article 104. Stop on targets.

1. The general rules for the provision of destinations shall include the causes of termination. In any event, the free designation destinations may be freely revoked by the authority which granted them.

2. The power to cease at its destination a professional military officer, when he has been assigned by merit or seniority contest, corresponds to the authorities who have the competence for their assignment as provided for in the previous article. The eesc must be reasoned with an indication of the causes, after opening, where appropriate, of a file in which the hearing of the person concerned will be required, the statements of which shall be recorded in writing.

3. The heads of unity, center or agency may propose the cessation of the fate of any subordinate for lack of suitability in the performance of the own tasks of his destiny, raising to the authority that he conferred it reasoned report of the causes which motivate the proposal to cease. This shall, where appropriate, be produced in accordance with the provisions set out in the preceding paragraphs.

4. The imposition of a conviction by a firm judgment which makes it impossible for the exercise of the duties of the intended destination to be carried out shall cease to be so from the moment when the Ministry of Defence has evidence of the decision. judicial. Such cessation shall be agreed by the authority which granted the destination.

Article 105. Allocation of targets and ceases for service needs.

The Minister of Defense may assign, agree to the cessation of a destination or deny its award, in a reasoned manner, when the needs of the service advise it.

Article 106. Appointments and cesses in the field of military jurisdiction.

The appointments and cesses of those who, in the field of military jurisdiction, exercise judicial, fiscal and secretarial duties shall be carried out in accordance with the provisions of the Organic Law 4/1987, of July 15, on Competence and Organization of Military Jurisdiction.

CHAPTER VII

Administrative situations

Article 107. Administrative situations.

1. Professional military personnel will be in one of the following administrative situations:

a) Active service.

b) Special services.

c) Exceed.

d) Suspension of functions.

e) Suspension of employment.

f) Reservation.

2. The administrative situation of the reserve may only be accessed by the military personnel.

3. Where rules with a range of law are regulated in cases of general application for officials at the service of the General Administration of the State in relation to administrative situations, the adjustments will be determined. necessary for their adaptation to the professional military.

4. The military officer in any administrative situation, except in cases where this is specified, is subject to the general regime of rights and duties of members of the Armed Forces and to military criminal and disciplinary laws.

Article 108. Active service situation.

1. Professional military personnel shall be in active duty if they hold any of the positions or destinations referred to in Article 99.

2. They shall also be in such a situation where they are pending allocation of destination because they have ceased to have or to proceed from a different administrative situation, if they do not correspond to each other, and when they remain as students of teaching in the Armed Forces.

3. Regulations will determine how long the prisoners and the missing will be able to remain in the active service situation, taking into account the provisions of the Civil Code.

Article 109. Special services situation.

1. The military personnel and soldiers of troops and marineria with long-term commitment shall be declared in special services when:

(a) Designated members of the Government or of the governing bodies of the Autonomous Communities and cities of Ceuta and Melilla, members of the institutions of the European Union or of International Organisations or appointed senior officials of the aforementioned public administrations or institutions, without prejudice to the provisions of the previous Article in relation to the 99.

b) Be authorized by the Minister of Defense to carry out a mission for a given period of more than six months in International Organizations, Foreign Governments or Public Entities or in cooperation programs

(c) Be appointed to fill positions or positions in Public Bodies or Entities or entities that are dependent on or linked to Public Administrations that, in accordance with the provisions of the respective Public Administration, are assimilated in their administrative rank to senior positions.

d) be designated as candidates for elections to public representative bodies in the exercise of the right to vote or be elected in the right to vote.

(e) be elected by the General Courts or the Legislative Assemblies of the Autonomous Communities to be part of the Constitutional Bodies or of the Statue or other organs of which the Chambers and the Legislative assemblies of the Autonomous Communities.

f) Provide services in the Constitutional Court, Ombudsman, General Council of the Judiciary and Court of Auditors.

g) Provide services to the Supreme Court or other courts.

h) Provide services in the Cabinet of Ministers and Secretaries of State in organic positions not specifically related to security and defense.

i) Be authorized by the Minister of Defense to participate in the development of specific programs of interest to the defense in entities, companies or organizations outside the Ministry of Defense.

j) Admit the status of permanent statutory personnel of the National Intelligence Center.

k) Admit the status of the statutory staff of the North Atlantic Treaty Organization, in the event that they do not occupy organic positions related to security and defense in this organization.

2. They shall receive the remuneration of the post or post which they perform and not those which correspond to them as professional military personnel, without prejudice to the right to receive the trienes which they have recognised.

3. The time spent in this situation shall be computable for the purpose of service time, triennial and passive rights.

4. The professional military officer in special services may be promoted if he or she has met the conditions of promotion established in this law.

5. The professional military officer during the time of stay in this situation will have his military condition in abeyance and, consequently, will cease to be subject to the general regime of rights and duties of the members of the Armed Forces and the laws Military criminal and disciplinary.

Article 110. Situation of surplus.

1. Professional military personnel may be subject to the situation of surplus in the following ways:

(a) Exceding for the provision of services in the public sector.

b) Voluntary exceding for particular interest.

c) Voluntary income by family grouping.

d) Care for family care.

e) Exceding for reason of gender-based violence.

2. A career military personnel shall be in a position of leave of absence for the provision of services in the public sector when they move on to the active duty situation in another body or scale of any of the General Administrations or to provide services. services in them or in public sector bodies or entities and do not correspond to them in the situations of active service or special services, provided that they are the performance of positions of a career or staff officer fixed labor.

In order to qualify for this, it will be a condition to have fulfilled the time of service that is regulated by the acquisition of the condition of a military career or since the completion of the training courses. that for these purposes they have been set by the Minister of Defence. In both cases, the time to be fixed, which may not exceed eight years, shall be proportionate to the costs and duration of the studies carried out and shall have the needs of the defence planning in mind.

During the time of stay in this situation, they will have their military status in abeyance and, consequently, they will cease to be subject to the general regime of rights and duties of the members of the Armed Forces and the laws Military disciplinary and disciplinary measures, but may be promoted during the first two years of permanence provided that the conditions of promotion established in this law are fulfilled.

During the time spent in this situation, no remuneration will accrue or be computed for the purpose of service time, triennial, and passive rights.

3. The military personnel and military personnel of troops and marineria with long-term commitment may obtain the voluntary leave of absence for special interest upon request with the notice to be determined in accordance with the same time limits. that those established for officials of the General Administration of the State, provided that they are not appointed to participate in operations outside the national territory, are not being instructed to carry out disciplinary proceedings and have complied with the time of service to be determined from the acquisition of the the status of a military or military officer of the troops and marineria or since the completion of the training courses, which have been established by the Minister of Defense.

In both cases, the time to be set, which may not exceed twelve years, shall be adequate to the costs and duration of the studies carried out and shall bear in mind the needs of the defence planning.

In this situation, a minimum time of two years may be allowed, after which the person concerned will remain in the corresponding position in the position that he will occupy at that time and will not be evaluated for the ascent. When it ceases, the immobilization will end, but the loss of post will be final. If this situation is granted for a second or successive time, it shall be fixed in the post which it has on the corresponding scale at the time of the concession.

The professional military officer in this situation will have his military condition in abeyance and, consequently, he will no longer be subject to the general regime of rights and duties of the members of the Armed Forces and the criminal laws and Military discipline, but may be promoted during the first two years of permanence provided that the conditions of promotion established in this law are fulfilled.

During the time spent in this situation, no remuneration will accrue or be computed for the purpose of service time, triennial, and passive rights.

4. Professional military personnel may be granted leave on a voluntary basis by family grouping, without the requirement of having served time, when the spouse resides in another locality for having obtained and being in a position of work of a definitive nature as a career officer or as a fixed employment officer in any of the public administrations, public bodies and entities governed by or linked to public law, in the Constitutional or the Judicial and similar bodies of the Autonomous Communities, as well as in the European Union or in International organisations or a destination referred to in Article 99.

In this situation, a minimum time of two years may be allowed, after which the person concerned will remain in the corresponding position in the position that he will occupy at that time and will not be evaluated for the ascent. When it ceases, the immobilization will end, but the loss of post will be final. If this situation is granted for a second or successive time, it shall be fixed in the post which it has on the corresponding scale at the time of the concession.

The professional military officer in this situation will have his military condition in abeyance and, consequently, he will no longer be subject to the general regime of rights and duties of the members of the Armed Forces and the criminal laws and military discipline, but may be promoted during the first two years of stay in this situation provided that the conditions of promotion established in this law are fulfilled.

During the time spent in this situation, no remuneration will accrue or be computed for the purpose of service time, triennial, and passive rights.

The military and military personnel of troops and marineria with less than six years of service, two years after the theoretical end of their engagement, will cause low in the Armed Forces unless they are before that date they are reintegrated into the active service situation.

5. Professional military personnel may be granted leave of absence for family care upon request to care for the care of each child, either by nature or by adoption or permanent or pre-adoption. In this case, they shall be entitled to a period of not more than three years, from the date of birth of each child or, where appropriate, from the judicial or administrative decision.

They shall also be entitled to a period of leave of absence of not more than three years in order to attend to the care of a relative who is in charge, up to the second degree including consanguinity or affinity, for reasons age, accident, illness or disability, cannot be used by yourself and do not carry out paid activity.

The period of excess will be unique for each causative subject. When a new subject causing a further leave of absence, his/her start will bring an end to the one who has been enjoying himself.

In the event that more than one professional military officer generates the right to be enjoyed by the same deceased subject, his or her simultaneous exercise may be limited for justified reasons related to the needs of the service.

The professional military officer in this situation will have his military condition in abeyance and, consequently, he will no longer be subject to the general regime of rights and duties of the members of the Armed Forces and the criminal laws and military discipline, but may be promoted during the first two years of stay in this situation provided that the conditions of promotion established in this law are fulfilled.

During the time spent in this situation, no remuneration shall be paid but shall be computable for the purposes of triennial and liability and, for the first year of each excess, as service time.

The military and military personnel of troops and marineria with less than six years of service, two years after the theoretical end of their engagement, will cause low in the Armed Forces unless they are before that date they are reintegrated into the active service situation.

6. Professional military women who are victims of gender-based violence, to make their protection effective or their right to comprehensive social assistance, will be able to apply for the situation of leave without having to have a minimum time of services. prior to and without the need for a stay.

The first six months will be computable for the purpose of service time, conditions for the ascent, reservation of the destination they occupy, trienes and passive rights. Where legal proceedings so require, this period may be extended for a period of three months, with a maximum of 18 months, with the same effects as those mentioned above, in order to ensure the effectiveness of the victim's right of protection.

During the first two months of this surplus you will be entitled to receive the full remuneration of your last destination.

Article 111. Status of suspension of functions.

1. The suspension of duties of the professional military officer may be agreed upon as a result of the prosecution, incrimination or adoption of any precautionary measure against him in criminal proceedings or the opening of a gubbernative case file.

2. The Minister of Defense, assessing the seriousness of the facts charged, the existence or not of the preventive prison, the damage that the imputation infers to the Armed Forces or the social alarm produced, may agree the suspension in the exercise of its functions, expressly determining whether such suspension entails the cessation of the destination. Likewise, it will act in relation to the military to which a government file is initiated. The military in place of suspension of duties shall remain immobilized in the post he occupies in the appropriate scale.

The maximum length of stay in this situation will be six months or the duration of the remand, if the case has been agreed by the judicial authority at some point in the procedure and is more than six months. months.

3. In the event of termination of the suspension of duties for the removal of the preventive prison, the Minister of Defence may agree, by a reasoned decision, in which the facts imputed, the social significance and the service interest, the prohibition to apply for and obtain a destination for a period of time which may not exceed the time of the final judgment or order of withdrawal.

4. The time spent in the situation of suspension of duties shall not be computable as service time or for the purposes of triennial and passive rights.

5. In the event of termination of the proceedings, an absolute judgment or termination of the case-file without a declaration of responsibility shall be replaced at its destination if it is agreed to, it shall recover its status in the and the promotion that could have been corresponding to it. The time spent in such a situation shall be computable for the purpose of service time, triennial and passive rights.

When the period of time spent in the situation of suspension of duties is greater than the duration of the conviction for a firm sentence or the disciplinary sanction for a government file, the difference will be computable for all intents and purposes.

6. The suspension of functions agreed upon by the authorities with disciplinary authority, as provided for in Organic Law 8/1998, of December 2, of the Armed Forces ' Disciplinary Regime, will have no more effect than the dismissal of the indicted military officer. in the performance of their duties for a maximum period of three months.

7. For the purposes of templates, professional military personnel in the position of suspension of duties shall account in the same way as those in the active duty service.

Article 112. Status of suspension of employment.

1. The professional military will move to the situation of suspension of employment for some of the following causes:

(a) Condena, in firm judgment, to the prison sentence of the Military Penal Code or the Penal Code, while being deprived of liberty and without prejudice to the provisions of the Organic Law 8/1998 of 2 December, of Regime Disciplinary of the Armed Forces, or to the penalties, principal or accessory, of suspension of employment or public office.

b) Imposition of extraordinary disciplinary sanction of suspension of employment.

2. The Minister of Defence may also agree on the transfer of professional military personnel to the situation of suspension of employment in the light of the judgment in which the penalty of special disablement is imposed for a profession, trade or any other right, where such disablement prevents or undermines the exercise of his or her duties.

3. The situation of suspension of employment by one of the causes defined in paragraph 1 (a) and paragraph 2 shall, in addition to the cessation of the military's fate, produce the same effects as those laid down for the situation of suspension of employment. duties, the compensatory extent of the time spent in the latter in relation to the duration and effects of the situation of suspension of employment is regulated.

The suspension of employment, as defined in paragraph 1 (b), will have the effects provided for in Organic Law 8/1998 of 2 December, of Disciplinary Regime of the Armed Forces, ceasing the affected at the destination only where the penalty imposed is for a period exceeding six months.

4. The professional military officer who moves to the status of suspension of employment of course as defined in paragraph 1 (b), if the extraordinary disciplinary sanction executed is subsequently revoked on a final basis, on administrative or (a) the right to be replaced at its destination, if it is entitled to it, it shall recover its status in the corresponding scale and the increase which it has been able to correspond to and the time spent in that situation shall be computable for the purposes of time for services, trienes and passive rights.

Article 113. Reserve status.

1. The race military will move on to the reserve situation by complying:

a) Four years in the employment of brigadier general, seven years between the jobs of brigadier general and general of division and ten years between the former and the lieutenant general.

(b) Six years in the employment of colonel, in the one of lieutenant colonel of the technical scales of the corps of engineers and of the scale of the nurses officers and in that of the higher official. Those who are less than fifty-eight years old in this situation will do so on the date they meet that age.

The starting point for accounting for the times in each job shall be that of the date of the actual decree or resolution for which the promotion was granted, unless it was recorded on the day following the date on which it was established. produced the vacancy that originated the ascent.

2. By decision of the Government, the general officers will be able to move to the reserve situation, by royal decree agreed upon in the Council of Ministers, on the proposal of the Minister of Defense.

3. The military personnel may move to the reserve position on a voluntary basis in the quotas authorized by the Minister of Defense periodically for the various jobs, scale zones, scales and specialties, according to the forecasts of defense planning, provided that twenty-five years of service time is served in the Armed Forces.

In the quotas, jobs, scales and specialties in which it is specified, in addition to on a voluntary basis, part of the places will be offered to be requested with an annual character. If there are not enough petitioners on a voluntary or annual basis to cover these places, they will be supplemented by a forced reservation of those of the most senior employment in the reserve and provided that they are no longer evaluated for promotion.

4. The military officers of the categories of officers and non-commissioned officers will in any case pass on to the reserve situation when they are sixty-one years old and those of the category of troops and marineria when they are fifty-eight years old.

5. The transfer to the reserve situation shall be produced by a resolution of the Deputy Secretary of Defense, except in the case of paragraph 2, and shall cause the automatic termination of the person concerned at the destination or position he shall occupy, except in cases which, in accordance with paragraph 8, are assigned interchangeably to active service and reservation.

6. The military officer of the career who will correspond to the situation of reserve according to the provisions of this article does not count with twenty years of service time since the acquisition of the condition of professional military, will pass directly to retirement.

7. No promotions will occur in the reserve situation.

8. The relations of military posts will determine the destinations that the professional military will be able to occupy in a reserve situation, as well as its character and regime of assignment and permanence. The conditions and circumstances in which they may be appointed to serve temporary service commissions shall be determined. In both scenarios the standby situation will be maintained without retrieving the active service.

The professional military officer in a reserve position, assigned or seconded, shall exercise the authority and functions that correspond to him according to his employment and body, excluding the exercise of command in the Force of the Armies.

9. From the reservation situation you can move to the other situations, except for the active service. When they cease, the data subject will be reintegrated into the reserve.

10. When moving to the reserve situation, the remuneration of the staff in active duty shall be kept until the age of sixty-three years. From that point on, the remuneration of the professional military officer shall be constituted by the basic remuneration and the supplement of availability determined in the rules governing the remuneration of the staff of the Forces Armed.

The person who passes on a compulsory basis or, where appropriate, a year in application of paragraph 3, shall, for a single time, receive a premium of the amount which is established in a regulated manner taking into account the years in which he or she is missing. ages specified in paragraph 4.

11. The time spent in the reserve situation shall be computable for the purposes of triennial and liability.

CHAPTER VIII

Eesc in the relationship of professional services

Article 114. Move to retirement.

1. The relationship of professional services with the Armed Forces ceases by virtue of withdrawal.

2. The withdrawal of the military officer shall be declared ex officio or, where appropriate, at the request of a party, in the following cases:

a) By the age of sixty-five years.

(b) By application of the provisions of Article 113.6.

c) On a voluntary basis, under the conditions laid down for voluntary retirement in the State Passive Classes legislation.

d) By insufficient psycho-physical conditions involving permanent utility for the service.

e) By insufficient professional faculties.

In the assumptions of paragraphs (b) and (e) the withdrawal shall be enforced.

3. Professional military personnel who maintain a relationship of services of a temporary nature and the pupils of the military training centres may be withdrawn for permanent incapacity for any occupation or occupation, in accordance with the terms laid down in Article 1 (1) of the in the legislation of State Passive Classes.

Article 115. Retired military.

The career military officers will cease to be permanently in the relationship of professional services with the Armed Forces and will cease to be subject to the general regime of rights and duties of the members of the Armed Forces. Armed and military criminal and disciplinary laws.

They will have the consideration of retired military, in which they will enjoy the passive rights determined in the legislation of Passive Classes of the State and will maintain the assistance in the field of the Social Security Regime of the Armed Forces.

They will maintain, if they request, a special relationship with the Armed Forces, through their attachment to the military unit they choose, upon the agreement of the corresponding Army Command or Chief of Staff. They may attend military events and ceremonies in which the unit participates, wear the uniform in solemn military and social events, and have the corresponding identification card.

They will be given access to information on benefits to which they are entitled and other matters that may be of interest to them.

Article 116. Loss of career military condition.

1. The career military personnel will lose their status for any of the following reasons:

a) By virtue of renunciation, with the requirements set forth in the following article.

b) Loss of Spanish nationality.

(c) Principal or ancillary penalty of loss of employment, absolute disablement or special disablement for employment or public office. The Minister of Defence may grant the rehabilitation, at the request of the person concerned, of those who have been sentenced to principal or access to special disablement for employment or public office for up to three years, taking into account the circumstances and entity of the offence committed and provided that the penalty was served.

d) Disciplinary Separation of Service that has become final.

2. With the loss of the status of a military officer, the general regime of rights and duties of the members of the Armed Forces and the criminal and disciplinary laws will no longer be subject to the general regime. The service time served shall be considered for the purposes of the determination, at the time, of the corresponding pension.

Article 117. Waiver of the status of a career military officer.

1. The military officers can give up their status if they have completed service times, from the time of entry on their scale or since they have completed the training courses that have been set by the Minister of Education. Defense. The times shall be in relation to the costs and duration of the studies carried out, shall have the requirements of the planning of the defence and shall not be longer than ten years.

2. If you do not have the time provided for in the previous paragraph, you will have to pay the State and make a six-month notice. The amounts to be paid economically to the State will be fixed by the Minister of Defense for each training process for the access to the different scales and for the courses of improvement, taking into account the times of services cited in the previous section and the cost of the training received and the remuneration received during the process.

It will also establish percentages of reduction of such compensation for periods of service time served on the date of the waiver. This may not be granted until the person concerned has paid the amount to be determined as compensation.

Article 118. Termination and resolution of military engagements with a temporary professional services relationship.

1. The commitments of the military complement and the soldiers of troops and marineria will end on their due date and will be resolved by the causes established in article 10.2 of Law 8/2006, of April 24, of Tropa and Marineria for the long-term commitments, provided that the person concerned has served at least three years between the initial commitment and, where appropriate, the commitment of renewal, losing his military status.

During the first three years of commitment this will be resolved by some of the following causes:

(a) At the express request of the person concerned by extraordinary circumstances and under the conditions which are determined to be determined.

b) By the acquisition of the status of a military or a military adjunct.

c) For admission to a training center of the Civil Guard or National Police.

d) By the entry into bodies and scales of officials or acquisition of the condition of fixed labor personnel of the public administrations and public bodies dependent on them. For these purposes, the appointment as a trainee officer and the appointment to perform the test periods in the selective processes of work personnel shall be considered.

e) For the loss of Spanish nationality.

f) By insufficiency of professional faculties.

g) Due to insufficient psycho-physical conditions.

(h) For the imposition of extraordinary disciplinary punishment for the application of the Armed Forces ' Organic Law on Disciplinary Regime.

i) For felony conviction.

(j) For non-compliance, contrary to what is stated by the person concerned, of the conditions to qualify for the call for admission to the relevant military training centre.

The commitment of the complement military, as well as that of the troops of the troops and marineria with less than six years of service, will also be resolved, when one of the circumstances under which a military officer is involved (a) to the situation of special services, as referred to in Article 109.1, or to the provision of services in the public sector, as referred to in Article 110.2. In the latter case, the military personnel of troops and marineria with long-term commitment will also be resolved.

2. The military and military personnel of troops and mariners who maintain a relationship of services of a temporary nature will find themselves in the legal situation of unemployment for the purposes of the corresponding protection, when the commitment that are subscribed or resolved by causes independent of their will.

3. The Ministry of Defense will manage and agree with public institutions and private entities actions aimed at the incorporation of the military in addition to the troops and the military.

Article 119. Assessments to determine if there is insufficient professional faculties.

1. When the final declaration of non-fitness for the ascent occurs, the Army of Land, Navy, and Air Force Chiefs of Staff will order the beginning of the file to determine if there is a lack of professional faculties. They may also be ordered as a result of personal rating reports.

2. The effects of these files may be the limitation to occupy certain destinations, the withdrawal or the resolution of the undertaking, as appropriate. In order to process these files, with the procedures to be determined, there will be an evaluation body in each Army whose conclusions will be elevated to the Chief of Staff of the corresponding Army, which, prior to Report of the respective Higher Council, shall present the proposed resolution to the Minister of Defense.

Article 120. Assessments to determine if there is a lack of psycho-physical conditions.

1. As a result of medical examinations or of the psychological and physical tests referred to in Article 83, a dossier may be initiated to determine whether there is a lack of psycho-physical conditions for the purposes of the limitation. to occupy certain destinations in accordance with the requirements of the relations of military posts, of the withdrawal or of the resolution of the undertaking, as appropriate.

The dossier, in which the opinion of the competent medical expert body shall be composed, shall be evaluated by an assessment body in each Army and elevated to the Deputy Secretary of Defense, for the resolution to be obtained.

2. The procedures for processing these files and the table of psycho-physical conditions allowing the competent authority to issue the appropriate opinions shall be determined.

3. Professional military personnel who, as a result of medical examinations or psychological and physical tests, are opened a file to determine if there is a lack of psycho-physical conditions and, as a result, (a) establish an inability to impose a limitation on the occupation of certain destinations, in accordance with the requirements set out in the relations of military or labour posts, the principle of equal treatment in the destinations to which the can be accessed.

The means and procedures will be established so that they can continue to develop their military career, reorienting, if necessary, their professional profile with the necessary training and appropriate.

In the configuration of the working conditions and methods in the destinations to which they have access, measures shall be taken to permit the elimination of any discrimination or disadvantage.

Article 121. Insufficient psycho-physical conditions.

1. The professional military officer who, as a result of the medical examinations and the psychological and physical tests referred to in Article 83, is regarded as having a lack of psycho-physical conditions for the service, motivated by injury or disease, which will be reversible, will remain in the administrative situation where you are.

2. If the person concerned is a career military officer, at the time when the insufficiency referred to in the previous paragraph is presumed to be final or, in any event, after a period of 12 months after being appreciated, the file shall be initiated. in the previous article. The affected person shall cease at his destination, if he has, and maintain the same administrative situation until the completion of the said file.

3. If the person concerned is a military officer who maintains a service relationship on a temporary basis, at the time the failure referred to in paragraph 1 is presumed to be final or six months after he was liked or at the end of the commitment that you have signed, the file that is determined in the previous article will be started. The person concerned shall cease to be bound, if he has, and maintain the same administrative situation, extending, where appropriate, the undertaking to the conclusion of the dossier.

If the withdrawal is not proceeding and the commitment or its extension is resolved due to insufficient psycho-physical conditions, the person concerned will receive assistance from the National Health System. If it continues in the active service situation, the general rules on the signing of successive commitments will apply.

4. The professional military officer who has ceased his professional services relationship with the Armed Forces due to insufficient psycho-physical conditions caused by service, in addition to the passive, caring and other rights he has recognized in the laws, will maintain, if requested, a special relationship with the Armed Forces, by means of its membership of the military unit that it chooses, after conformity of the Command or Chief of Staff of the corresponding Army, and will be able to attend to the military acts and ceremonies in which it participates.

TITLE VI

Reservists

CHAPTER I

General provisions

Article 122. Reservists.

1. Spanish reservists who, in application of the constitutional right and duty to defend Spain, may be called upon to join the Armed Forces to participate in the missions defined in Organic Law 5/2005, of November 17, of the National Defense, in the circumstances and conditions established in this law.

2. For the purposes of this law, reservists are classified as:

(a) Voluntary reserve: Spaniards who have requested to participate in the corresponding call are selected and exceed the periods of military training, basic and specific, which they regulate determine to acquire such a condition.

(b) Mandatory reserves: Spaniards who are declared as such as provided for in Chapter III of this Title.

3. There are also reservists of special availability who are the soldiers of troops and marineria who acquire this condition at the end of their long-term commitment. The provisions of Law 8/2006 of 24 April, of Troop and Marineria, and of a supplementary nature, shall apply to them.

Article 123. Incorporation of reservists.

1. In situations of crisis where the needs of the national defence cannot be met by the members of the professional military, the Council of Ministers may, by way of exception, adopt the necessary measures for the incorporation into the Armed Forces of volunteer reservists and special availability.

2. If the Council of Ministers foresees that the needs of the national defense will not be met with the measures provided for in the previous paragraph, and will consider necessary the incorporation of a greater number of troops to the Armed Forces, request of the Congress of Deputies for the general declaration of compulsory reservists.

Taking into account the evolution of the crisis, the needs of national defence and requests in successive calls for voluntary reservists, the Council of Ministers will be able to agree on the incorporation of Mandatory reserves, respecting the principle of gradual and proportionate contribution to the situation that needs to be addressed.

3. When the Council of Ministers agrees to the incorporation of reservists, it shall specify the amount of staff, the type of reservists to which it affects, the time limit for making the additions and the maximum length of stay in the situation of activated in The Armed Forces, enabling extraordinary credits to be needed to finance their cost.

4. The Minister of Defense will also be able to determine the incorporation of volunteer reservists who have expressed their willingness to participate in missions abroad, in actions of the Armed Forces in collaboration with the institutions of the State and Public Administrations to preserve the safety and well-being of citizens or to serve in the units, centers and agencies of the Ministry of Defense.

5. The Ministry of Defence shall establish the means and implement appropriate procedures for the incorporation of reservists.

6. The reservist cited for incorporation into the Armed Forces, who will not be present, will be opened a file to verify the causes of the non-compliance. Where, as a result of the dossier, the absence of a justified cause is assessed, it shall lose its status as a reserve and may lead to the adoption of other measures to be regulated.

Article 124. Reserve associations.

The Public Administrations will support the reserve associations that will help to maintain relations between their own members and society with their Armed Forces, as well as those of a similar nature in other countries, with the objective of spreading the culture of security and defence in the framework of solidarity and the maintenance of peace.

CHAPTER II

Volunteer reservists

Article 125. Conditions for the entry of volunteer reservists.

1. All Spanish may opt for voluntary reserve places to be revoked provided that they certify the qualifications that are regulated for each category, army and, where applicable, body and specialty.

2. In order to acquire the status of a voluntary reserve, one of the places offered for public call must be obtained and the periods of training, basic and specific, referred to in Article 127.1 shall be exceeded.

The above shall take into account the principles referred to in Article 56.1 and shall assess the training and experience accredited in relation to the tasks to be performed.

3. Selective testing shall be carried out on an individual basis, with objective selection parameters and criteria set out in the relevant call.

4. They will be general conditions to apply for the entry of the Spanish nationality, to be eighteen years old, to accredit the skills to be determined in the call, not to reach a maximum age of fifty-eight years for officers and Officers and fifty-five years for troops and marineria.

5. The condition of a voluntary reserve shall be considered as an activity other than the incompatibilities of staff at the service of the General Administration.

6. When the Council of Ministers decrees the incorporation of volunteer reservists in crisis situations, the necessary calls will be made to meet the needs of the Armed Forces.

Article 126. Commitment of volunteer reservists.

1. Voluntary reservists shall sign an initial commitment of three years in which they shall show their willingness to be incorporated in the crisis situations referred to in Article 123.1, and to participate in the activities included in the crisis. in the annual continuing training plans referred to in Article 127.2. Subsequently, they may sign new commitments, in accordance with the procedure laid down in law, for periods of three years, provided that the maximum age of 60 and one year for officers and non-commissioned officers is not exceeded. Eight years for troops and marineria. Where appropriate, the last commitment shall be of a duration adjusted to those age limits. In the calls referred to in Article 125.6, the initial commitment may be one year.

2. Voluntary reservists may also express their readiness to join the Armed Forces in the cases provided for in Article 123.4 or for a particular operation or collaboration in a manner determined to be regulated.

3. The commitment may be resolved under the conditions which are determined to be adapted to those applicable to the military who maintain a relationship of professional services of a temporary nature.

Article 127. Training of volunteer reservists.

1. Applicants selected in the corresponding calls shall be incorporated into a training centre for the implementation of the basic military training period. Subsequently, they will do so to the unit, center or agency of the Ministry of Defense to which the assigned place corresponds, to carry out their specific military training.

Aspiring volunteer reservists, during periods of basic and specific military training, will have the same consideration as students for professional military access to troops and marineria and will receive them. economic compensation referred to in Article 132.2.

2. Volunteer reservists can be activated to maintain and update their knowledge through annual continuing training programs approved by the Assistant Secretary of Defense. These programs may include instruction and training exercises, training courses and seminars.

3. Voluntary reservists who are required to be activated in order to develop continuing training programmes may apply for the suspension of such activation for the causes to be regulated.

Article 128. Volunteer reservists ' jobs.

Volunteer reservists will initially have the jobs of alfez, sergeant and soldier, according to the category they have accessed in the corresponding call for places. Regulations shall determine how to promote higher jobs, establishing their privileges and procedures, requirements and conditions, especially those relating to the minimum time when they must have been activated.

Article 129. Rights of volunteer reservists.

1. The voluntary reserve may wear the uniform, with the specific flag of a voluntary reservist, in the military and social acts and may participate in acts and celebrations of the units, centers and agencies of the Ministry of Defense.

2. The object of their identification shall be provided to them by the corresponding military identity card for reservist personnel.

3. After the acquired commitment, will cease in the condition of voluntary reserve, will receive the title of official reservist, official reservist, honorary reservist or "employment of troops and marineria reached" to be established by the Minister of Defence in the light of the duration of the commitments and services provided, while maintaining the rights referred to in paragraphs 1 and 2 in the form that is regulated.

4. Calls for access to training in the Armed Forces will be considered as merit for the time spent as a volunteer reservist.

5. Time as a voluntary reserve will be considered as merit in the selection systems for the bodies, scales, positions of civil servants and work activities of the public administrations, in all cases where their functions are related to services provided as a reservist, in terms that are legally or regularily determined.

Article 130. Access to volunteer reservists from the professional military.

1. The military and military personnel of troops and marineria who have finished or resolved their commitment to the Armed Forces will be able to request their incorporation as volunteer reservists, signing the corresponding commitments regulated in the this chapter.

The military personnel who have renounced their military status may also apply for such incorporation.

2. The professional military who access this condition will maintain the employment they would have achieved. The annual continuing training programmes referred to in Article 127.2 shall apply to them.

Article 131. Activation of volunteer reservists.

1. Volunteer reservists will move to the status of activated by any of the following causes:

(a) By joining the units, centres and agencies of the Ministry of Defence for the periods of continuous training referred to in Article 127.2.

b) When incorporated to serve in different units, centers and agencies of the Ministry of Defense, both in Spain and abroad, in the different situations referred to in Article 123.

2. Those who, in the form of medical examination, compulsory and prior to the incorporation to provide service referred to in paragraph 1 (b), have any psychological or physical limitations which may not be passed on to the situation of activated persons. These limitations persist.

3. From your pass to the situation of activated to provide service you will be updated your military training.

Article 132. Staff regime for volunteer reservists.

1. The volunteer reservists will have a military condition whenever they are activated to join the Armed Forces, and they must comply with the military's rules of behavior and be subject to military penal and disciplinary laws. Their scheme, including remuneration, shall be determined in accordance with the rules.

2. Where the activation is to carry out any of the continuing training programmes set out in Article 127.2, they shall receive the financial compensation which they shall determine.

Article 133. Destinations for volunteer reservists.

1. Voluntary reservists shall be incorporated into posts which they have previously assigned on the basis of the call in which they were selected, but may express their availability for any other post in connection with their craft.

2. Reservists exercising a specific profession of application in the Armed Forces may be assigned to positions or specialties other than those initially planned and in accordance with their training.

3. In signing the new commitments provided for in Article 126.1, the voluntary reservist may choose to continue in the post he has previously assigned or to apply for another one of those offered in the last calls.

Article 134. Labour rights and social security rights for volunteer reservists.

1. Voluntary reservists and applicants for such a condition, in the event that they are employed, shall have the following rights:

(a) The periods of military training, basic and specific, and continuing training referred to in Article 127 shall be considered as paid leave, subject to agreement with the undertaking.

(b) The activation of reservists to provide services in units, centres and agencies of the Ministry of Defence, as provided for in Article 123, shall be deemed to be, also prior to agreement with the undertaking, cause of suspension of the employment relationship with job and age-count reserve.

2. The voluntary reservists and the aspirants to acquire such a condition, in the event that they are civil servants at the service of the Public Administrations, will have the following rights:

(a) The periods of military training, basic and specific, and continuing training referred to in Article 127 shall be considered as a permit governed by Article 48 of Law 7/2007 of 12 April of the Basic Staff Regulations. Public Employee.

(b) The activation periods for the provision of services in units, centres and agencies of the Ministry of Defence, as provided for in Article 123, shall be considered as special services for civil servants. race.

3. In the periods of military, basic and specific training, and continuing training, applicants and reservists shall remain attached to the social security scheme to which they belong, compensating the Ministry of Defence of the contributions. corresponding to the employer. Those who are not attached to any Social Security Regime shall be assigned to the Special Social Security Regime of the Armed Forces.

In the event that they are receiving unemployment benefit or benefit at the time of their incorporation in order to receive the training, they will continue to receive such benefit or allowance, unless, by application of the Articles 215.3 and 219.2 of the recast of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, proceeds the suspension of the allowance or the benefit.

4. In the activation periods for the provision of services in units, centres and agencies of the Ministry of Defence provided for in Article 123, voluntary reservists shall be assigned to the Special Regime of the Social Security of the Armed Forces, If you apply the Passive Classes Scheme on the same terms as professional military personnel who maintain a service relationship of a temporary nature.

The pension of Passive Classes which, if any, is recognised by the competent body shall be incompatible with another which the same person would have caused or could cause in another public social security scheme by the same facts. In such cases, the person concerned may exercise a right of choice for the recovery of the benefit which he considers most appropriate, without this right being able to be exercised more than once. However, where the amount of any of the incompatible benefits is altered by application of provisions of a general nature, such a right of option may be exercised once again for each case.

5. In addition, during periods of activation to provide services in units, centres and agencies of the Ministry of Defence, voluntary reservists, unless they are career officials, will be included in the field of protection by The reserve and the Ministry of Defence shall be listed for that contingency.

The voluntary reservists referred to in the preceding paragraph shall be in a legal position of unemployment for the purpose of the protection concerned when their mission is completed or the maximum length of stay in the status of on.

The activation of reservists to provide services in the Armed Forces will be considered a cause of suspension or termination of the benefit or unemployment benefit, as established, respectively, in the 212.1.d) and 213.1.d) of the recast text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of 20 June.

6. Applicants and voluntary reservists who at the end of their periods of military, basic and specific training and activation are in a situation of temporary incapacity by accident or illness arising from the service may continue in the Armed Forces under conditions to be determined regulatively.

Article 135. Collaboration with the Public Administrations and the private sector.

1. The Ministry of Defense will promote collaboration with the Public Administrations as well as private sector companies to facilitate the development of the voluntary reserve model, its training and incorporation, if necessary, to the Armed.

2. The government will promote agreements with business entities to facilitate the incorporation of their employees as volunteer reservists and to collaborate in the hiring of military complement and military personnel of troops and marineria once they have ended his commitment to the Armed Forces. Such agreements shall provide for the benefits arising from such partnerships.

CHAPTER III

Required reservists

Article 136. Declaration of mandatory reservists.

1. The Government, obtained by means of the authorization referred to in Article 123.2, shall, by means of a royal decree, lay down the rules for the general declaration of compulsory reserves, which shall affect those who, in the year, comply with an age between nineteen and twenty-five years. The Government will be implementing its application with objective criteria for years of birth, to the whole or to a given number.

2. The Public Administrations will provide the necessary collaboration to formalize the corresponding lists, providing the databases to proceed with their identification and declaration as such. The management of this information shall be carried out in accordance with the legislation on the protection of personal data.

3. Mandatory reservists may be assigned to provide services in the Armed Forces or other organizations for purposes of general interest to meet the needs of national defense.

4. Causes of a personal, professional, gender or other nature that allow their incorporation to be suspended shall be established in a regulated manner.

Article 137. Communication to mandatory reservists.

1. In accordance with the rules for the declaration of compulsory reservists, as referred to in the previous Article, each of the persons concerned shall be notified of their declaration as such and shall be referred to them with the identification data which shall be accompanied by a questionnaire, which may be completed on a voluntary basis, which shall include the following:

(a) Statement on essential health and fitness data, which may be accompanied by medical certificates.

b) Preference in terms of service in the Army of the Earth, in the Navy and in the Army of the Air and, within them, in positions or units of the Force or Support to the Force or in organizations for purposes of interest general.

c) Where appropriate, statement of conscientious objection in accordance with the provisions of the following article.

2. The persons concerned shall return the reserve sheet, with the claims and the errors of errors which are estimated to have been obtained, to which the completed questionnaire will be accompanied, if appropriate.

Article 138. Conscientious objection to compulsory reservists.

1. Compulsory reservists may make an objection of conscience to serve in the Armed Forces and in other organizations for purposes of general interest in which the use of weapons is required. Such declaration, made by the person concerned, shall not require any further recognition.

2. Those who have declared themselves conscientious objectors may only be assigned to organizations for purposes of general interest where the use of weapons is not required.

Article 139. Activation of required reservists.

1. Where the incorporation of compulsory reservists as provided for in Article 123 is agreed upon and done by the Armed Forces, medical examinations and psychological and physical tests shall be carried out on them and on the determination of to identify their suitability for the different areas of tasks within the Armed Forces or in other organizations for purposes of general interest.

2. Taking into account the provisions of the previous paragraph, the expression of preferences of the persons concerned and their claims, the destinations corresponding to the compulsory reservists shall be allocated in units, centres or bodies of the Ministry of Defence or other organisations for purposes of general interest. In their case, reservists may be declared excluded for the provision of services due to psycho-physical limitations, according to the table to be determined regulatively.

Article 140. Staff arrangements for compulsory reservists.

1. The obligatory reserves when joining the Armed Forces will remain in the situation of activated, will have a military condition with the use of a soldier, will have to comply with the rules of behavior of the military and will be subject to the penal laws and Military discipline. The Passive Classes Scheme shall apply to them under the same conditions as activated voluntary reservists and their scheme, including the remuneration, shall be determined in accordance with the rules.

2. Those who join organisations for the purposes of general interest shall have the scheme corresponding to the voluntary provision of services in those organisations and shall not have a military status.

TITLE VII

Resources

Article 141. Resources.

1. The acts and resolutions adopted in the exercise of the powers conferred on this law may be brought before the Court of Appeal.

2. Against acts and resolutions adopted in the exercise of the powers conferred on this law by the Council of Ministers and by the Minister of Defence other than the resolution of an appeal, a replacement appeal may be brought, with potential character, prior to the administrative-administrative path.

3. In the case of evaluations, promotions, destinations, situations and rewards to be granted upon request of the Armed Forces personnel, if the Administration does not notify its decision within three months or, If applicable, the application shall be deemed to be dismissed in accordance with the relevant procedure and the administrative-administrative procedure shall be issued.

Additional disposition first. Military career of the Prince of Asturias.

The military career of His Royal Highness Don Felipe de Borbón, Príncipe de Asturias, is in accordance with his own regime and differentiated by royal decree approved in the Council of Ministers, based on the regime of the staff of the Armed forces and taking into account the demands of his high representation and the circumstances that are present in his person as heir to the Crown of Spain.

Additional provision second. Military rewards.

1. The military rewards are: Cruz Laureada de San Fernando, Military Medal, War Cross, Army Medal, Naval Medal and Air Medal, Military Merit, Naval Merit, and Aeronautical Merit, with red, blue, yellow, and yellow marks. and white, Citation as distinguished in the General Order and Honorific Mention.

2. The constancy in the service and the intachable conduct of the military officers, officers and non-commissioned officers, the Armed Forces and the Civil Guard, will be rewarded with the entry into the Royal and Military Order of San Hermenegildo.

In the case of the other military personnel of the Armed Forces and the Civil Guard, it will be rewarded with the Cross to the Constancy in the Service.

3. The facts or services and the circumstances that will determine the granting of the different rewards, as well as the procedures and procedures, will be established.

Additional provision third. The agent character of the authority.

Members of the Armed Forces who provide their services as a military, naval or air police officer or who intervene in the operations described in Article 16.e) of the Organic Law 5/2005, of 17 November, of the Defense National, shall have the status of officials of the authority in the performance of their duties, in the circumstances and under the conditions which they shall determine.

Additional provision fourth. Employment of the official language.

1. All military personnel have a duty to know and the right to use Spanish, the official Spanish language of the State to be used in the acts and relationships of service.

2. In the premises where administrative and registration information activities are carried out with the public service, the Spanish official languages shall be used, in the care of the citizen, in accordance with the legislation applicable in the Administration State General.

Additional provision fifth. Military Health.

1. It corresponds to Military Health, regardless of the rights derived from the social protection of the military:

(a) Provide health care to Spanish military contingents outstanding on international missions, as part of expeditionary forces, ship envelopes and their personnel on board or participating in exercises tactics. It is also up to you to provide health care that is developed in the logistics-operational or target area.

b) Determine the existence of the precise psycho-physical conditions for admission to military training establishments and for the loss of the status of a pupil, as laid down in Article 56.5 and in the Article 71.2, as well as ruling on the temporary or permanent insufficiency of these conditions for the purposes of temporary reduction in the service or limitation to occupy certain destinations, to be withdrawn for permanent uselessness for the service or resolution of the undertaking, as appropriate. However, in the case of a temporary absence of less than one month, the competent authority to agree to the discharge may omit the opinion of the Military Health if there is a report of the relevant optional in the field of social protection.

c) to determine the initial degree of incapacity, as well as its aggravation, and the existence of permanent non-invalidating injuries, in respect of the provision of futility for the service of the special social security scheme of the Armed Forces.

2. For the purposes of ruling on the temporary or permanent insufficiency of psycho-physical conditions as provided for in paragraph 1 (b), the Ministry of Defence may establish cooperation agreements for military health with other entities. public.

Additional provision sixth. Access of foreign to military complement to the Military Corps of Health.

1. Without prejudice to the provisions of Article 56, military officers may also be granted access to the Military Corps of Health in the field of medicine, without having the nationality of Spain, the nationals of the countries which are regulated. determine among those who maintain special historical, cultural and linguistic links with Spain in the places to be determined in the corresponding annual provision.

2. The system of the military complement established in this law will apply to them, taking into account that their commitment will be lasting, from their appointment as a student, eight years old and that they will be able to access the military condition in accordance with the provisions of Article 62, once the Spanish nationality has been acquired.

Additional provision seventh. Social action.

1. Within the support of the Armed Forces personnel, there will be a system of social action, complementary to social protection, in which training and leisure programs will be developed for the professional military and their families and other measures. of social welfare.

2. The Ministry of Defense will expand the social action programs and their corresponding budget credits to ensure that they are of general application to all members of the Armed Forces and will promote those dedicated to the troops. and marineria, within the process to consolidate their full professionalization, in which they will be provided to those who have a long-term commitment to benefits similar to those of the career military.

Additional disposition octave. Religious Assistance Service.

1. The Government will guarantee the religious assistance to the members of the Armed Forces in the terms foreseen in the order.

2. The religious-pastoral assistance to the Catholic members of the Armed Forces is exercised through the Arzobishopric Castrense, in the terms of the Agreement of 3 January 1979 between the Spanish State and the Holy See, lending itself to the Church members of the Army of the Earth, Navy and Air Force, declared to be extinct, and the Armed Forces Religious Assistance Service.

The priests integrated into the Religious Assistance Service, who are military chaplains in the terms established by the agreement with the Holy See, will be governed by the provisions of the canonical legislation. and by this provision.

For religious-pastoral care, agreements with dioceses and religious orders may be established to incorporate, on the proposal of Archbishop Castrense, priest collaborators.

3. The evangelical, Jewish or Muslim military may receive religious assistance of their own confession, if they so wish, in accordance with the corresponding cooperation agreements established between the Spanish State and the Federation of Evangelical Religious Entities of Spain, Federation of Israeli Communities of Spain and Islamic Commission of Spain.

4. Other professional military personnel may receive, if they wish, religious assistance from religious ministers of churches, confessions or religious communities, registered in the Register of Religious Entities, in the terms provided for in the order and, where appropriate, in accordance with the provisions of the relevant cooperation agreements between the Spanish State and those entities.

5. The Staff Regulations of the Armed Forces Religious Assistance Service, attached to the Undersecretary of Defense, are governed by the following criteria:

(a) The relationship of professional services is constituted by a permanent or temporary related staff, who does not acquire a military status.

b) The maximum duration of the service relationship on a temporary basis is eight years. In order to access on a permanent basis, it is necessary to pass the tests which are determined by regulation and to have provided service on a temporary basis for at least three years.

(c) The position allocation regime and the consequent mobility is that of the personnel of the Armed Forces, with due adaptations.

d) Administrative situations are regulated in a similar manner to those of the officials of the General Administration of the State in what is applicable to them.

e) The remuneration and mobility support arrangements are established in a similar way to that of the Armed Forces personnel with the adaptations required by the nature of the service relationship.

(f) The disciplinary regime applies to officials of the General Administration of the State with the necessary modifications to meet the characteristics of the field in which they exercise their function and the nature of is.

g) Personnel belonging to the Religious Assistance Service in the Armed Forces may choose to receive the provision of health care through the special regime of the Social Security of the Armed Forces. form to be regulated.

6. The members of the Ecclesiastical Corps of the Army of the Earth, the Navy and the Army of the Air, declared to be extinct, will continue in the bodies of origin, with the same rights and obligations, with the situation of Reserve regulated in Article 113.

Additional provision ninth. Streamlining and simplification of administrative procedures.

In the regulatory development and in the rules of application of this law, the rationalization and simplification of the administrative procedures that result from it will be fostered.

In the processing of these procedures, the principle of administrative speed will be promoted, according to Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the administrative procedure promote the use and application of electronic, computer and electronic techniques and means by adopting the necessary organizational and technical measures to ensure authenticity, confidentiality, integrity, availability and conservation of information.

Additional provision 10th. Reordering of the escalations of the auxiliary escalations and the auxiliary body of specialists of the Army of the Earth.

1. This provision applies to the officers of the Auxiliary Escalations of Infantry, Cavalry, Artillery, Engineers, Intendence, Health, Pharmacy and Veterinary and the Auxiliary Corps of Army specialists of the Earth. in active service in any employment on 21 April 1974, date of entry into force of Law 13/1974, of March 30, of the organization of the basic escalations of underofficers and special of heads and officers of the Army of the Earth, which declared to to extinguish those. Those who did not perform or did not exceed the aptitude course for access to the auxiliary scales and the auxiliary body of specialists are excluded.

It is also applicable, under the same conditions, to non-commissioned officers who are able to access the said scales in accordance with the provisions of paragraphs 1 and 2 of the eighth additional provision of Law 17/1999 of 18 May 1999. Regime of Armed Forces Personnel.

2. The Ministry of Defense will proceed to:

(a) Reorder, within the scales of the previous paragraph, the officers and non-commissioned officers in active service and reserve, regardless of their employment, by aptitude courses for access to the said scales and, within each course, by the score on the obtained.

(b) To assign, within that theoretical order, the employment and the age resulting from applying to each of them the effects of the most favourable criterion arising from the execution of the jurisdictional judgments on escalations of any of these scales, following the entry into force of Law 17/1989, of July 19, regulating the regime of professional military personnel.

The application of such a criterion shall be made with the limit that it does not involve the assignment of a job and seniority after the date on which the affected person has met or has been 61 years of age.

c) Publish, before three months from the entry into force of this law, the theoretical rearrangement by scales specifying the employment and the age corresponding to each one, enabling a period of three months for the presentation of claims, which shall be resolved within six months from the deadline for submission.

d) Publish the definitive reordering by scales, after the allegations mentioned in the previous paragraph have been resolved.

3. The Ministry of Defence shall, on the active duty staff and with the details of that final restructuring, incorporate them ex officio, on the first day of the month following the date on which each one passes to the reserve position, to the position in the Scale that corresponds to the assignment of the new job and age.

To those who have passed to the reservation at a date after the entry into force of this law, they will be applied for incorporation with effect from the first day of the month following that of the said date.

For those who, upon the entry into force of this law, are in a reserve situation the materialization of the new position in the ladder will be done with effect from that day.

4. The officers in retreat at the entry into force of this law from these scales may request within six months from the publication of the definitive reordering, the employment and seniority assigned to them in the course (a) aptitude for access to such scales which appears in that rearrangement for being in active or reserve service and always with the limit that it does not involve employment and seniority after the date on which the affected person was 61 years of age.

5. The application of these measures to staff from temporary reserve shall be conditional on the dates of seniority in the jobs resulting from the rearrangement being earlier than the date on which each was integrated into the transitional reserve. On the basis of this change of situation, only one promotion will be recognized in application of the Royal Decree 1000/1985 of 19 June, establishing the situation of temporary reserve in the Army of the Earth.

6. Those who, prior to the entry into force of this law, would have legal limitations in order to achieve certain jobs or would have lost positions in the implementation of the legislation in force will maintain these limitations.

7. Any of the new situations generated pursuant to this provision will not have for any of the interested economic effects prior to the date of entry into force of this law and, in the case of the active duty, none previous to the date of your reservation.

Additional provision eleventh. The provision of great invalidity to the staff of the Corps of War Mutilados for the Fatherland.

The military personnel belonging to the Corps to extinguish of War Mutilados by the Fatherland that would have retired or to the situation of second reserve of general officers, in application of the final disposition sixth of the Law 17/1989, will continue to be excluded from the protective action of the pension of uselessness for the service and of the benefit of great invalidity, unless it has passed to retired with the classification of absolute, in which case it will be able to access the Article 22 (2) of the recast of the Law on Social Security of the European Communities the Armed Forces approved by Royal Legislative Decree 1/2000, of June 9, provided that the entry into force of this law would not have reached the age set for the withdrawal in article 114.2.a).

The calculation of the amount of invalidity benefits shall be calculated in accordance with the rules laid down in Article 23. 2 of the Recast Text of the Law on Social Security of the Armed Forces, approved by Royal Legislative Decree 1/2000, of June 9. For his determination, the pension of passive classes that would have corresponded to him on the date of the withdrawal will be taken as a reference, taking into account the revaluations that the aforementioned benefit has experienced since that date.

First transient disposition. Regulatory and promotion templates.

1. Until 30 June 2009, the promotion systems set out in Law 17/1999 of 18 May 2009 will continue to apply and the templates approved by Royal Decree 1311/2004 of 28 May 2004 will continue in force. regulatory templates of the Armed Forces ' command tables for the period 2004-2009, except those of general officers and colonels that for the 2007-2008 and 2008-2009 cycles will be set by the Minister of Defense initiating the adjustments for to achieve the staff provided for in Article 16.2 before 30 June 2013.

2. The transitional rules for the promotion of qualifications for the promotion laid down in this law shall be laid down in the rules of promotion which shall apply from 1 July 2009.

3. From the date of entry into force of this law, the distinction of the military grade of a soldier or a sailor shall not be awarded in the employment of a soldier or a sailor. Those with the degree of soldier or seaman shall retain that distinction.

Second transient disposition. Adaptation of training education.

1. As long as the system of university centers of defense is not operating, the entrance and training processes for access to the upper scales of officers of the general and marine corps will be maintained, with the corresponding equivalences to the titles of the general education system.

2. The Ministry of Defense will promote actions aimed at facilitating the officers of the general and marine corps and the students of the military training centers for the training of officers, the acquisition of university degree.

3. From the year 2008 new revenues will not be produced in the military training centers for the access to the scales of officers of the general bodies and of specialists and marine infantry, as defined in Law 17/1999, of 18 of In May, the training systems for those in these centres will be maintained.

4. In the bodies and scales not mentioned in the preceding paragraphs, as long as the regulatory development of this law is not applicable, the system of entry and training for their access and corresponding equivalences to the titles of the system shall be maintained. general education.

Transitional provision third. Relations of military posts, military histories and destinations.

1. The relations of military posts shall be approved in advance of 1 July 2008 and shall apply from that date.

2. The provisions contained in this law on military histories and destinations shall be fully implemented from 1 July 2009.

Transitional disposition fourth. Constitution of bodies and scales.

1. Until 30 June 2009, the bodies and scales of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces will be maintained, and from that date they will remain for the assumptions provided for in this provision. The bodies and scales defined in this law shall be constituted on 1 July of that year in accordance with the provisions set out in the following paragraphs.

2. Members of the Armed Forces who are in any administrative situation shall be incorporated into the new scales, except in the reserve. Those who are in a reserve position will remain on their home stops until their retirement. They shall also remain on their home scales which, as provided for in the following paragraphs, waive the addition to the new scales or do not exceed the adaptation course referred to in this provision.

3. Those declared unfit for promotion, those held in employment and those who have renounced a compulsory course for the promotion or have not passed it shall retain the limitations arising from Law 17/1999 of 18 May and provisions which the develop. Also declared eligible for use in certain destinations shall be maintained.

4. The general officers of all the bodies will be incorporated into the new scales on July 1, 2009 according to their employment and seniority.

5. The cycle of promotions from 2008-2009 to the posts of lieutenant to colonel and sergeant first to higher official will end on April 30 of the year 2009. From 1 May to 1 July, no promotions will be produced for these jobs. The promotion cycle 2009-2010 will begin on 2 July 2009.

6. The additions to the new scales will be realized from July 1, 2009 on the basis, even if they occur in later dates, of the employment and antiquity that each one of those that access the new ports of call has 1 of May of the year 2009.

7. For the officers of the general corps and specialists of the Army of the Earth, the Navy and the Army of the Air, the following rules will apply:

a) Those from the higher scales of officers of the general bodies will in any case be incorporated into the new scales of officers of the corresponding general bodies.

b) The incorporation of those from the scales of officers of the general bodies and specialists to the new scales of officers of the general bodies will be voluntary. Those who do not wish to join will have to resign by 31 March 2008, but will be taken into account when applying the proportionality criterion in the management process for incorporation.

Those who have not renounced the incorporation will be called upon to carry out an adaptation course whose aspects related to content, duration, schedule of realization, rules of postponement, repetition, renunciation, requirements for their exceeding and the system of evaluations and ratings, and the cases in which the course of action shall be updated for the purposes referred to in Article 90.2, shall be established by order of the Minister of Defence before 31 January 2008.

The calls for the adaptation course must be carried out from 30 April 2008.

The components of such scales that do not exceed the course shall remain on their scale of origin with the effects provided for in paragraph 16 for which they have renounced incorporation.

c) The colonels of the upper scales of officers of the general bodies will be incorporated into the new scales of officers of the corresponding general bodies on 1 July 2009, according to their employment and age.

d) The lieutenants colonels, commanders and captains of the higher scales of officers and of the scales of officers of the general bodies and specialists of the Armies will be ordered to join the new (a) the level of the total number of staff employed in each of the Member States and the number of employees in each of the Member States. In this order, the dates of seniority in the employment will be modified in such a way as to obtain a decreasing list of antiquity and without that any of the escalations will be assigned a smaller one than it has in its scale of provenance.

The incorporation of those from the higher levels of officers will be effective on July 1, 2009, and that of those from the general and specialist corps officers ' scales on July 1, 2009. every year, from 2009, when the adaptation course referred to in this provision is exceeded. In any case, it will be materialized in the position derived from the sorting of the previous paragraph.

e) The lieutenants of the upper scales of officers of the general bodies will be incorporated into the new scales of officers of the corresponding general bodies on 1 July 2009, according to their employment and age.

f) The lieutenants of the officers 'and specialists' scales will be incorporated into the new scales of officers of the general corps of the respective Army in ascending to captain by the system of seniority. The promotion and incorporation will take place on 2 July 2009 and 1 July of the successive years when more than eight years of service time will be carried out between the jobs of alferez and lieutenant in the scale of provenance and whenever you are over the course of adaptation.

Each of those who agreed to these scales with the use of lieutenant will ascend to captain and will join the new scales of officers of the general corps of the respective Army on the same day of the ascent of Precede in the escalation and whenever you are over the course of adaptation.

In case of equality in seniority, the order of promotion to captain of those from the general body and the body of specialists will be determined by applying the criterion of proportionality according to the number of members of each Source that in each case they are integrated.

g) Fence of the scales of officers of the general and specialist bodies as of 2 July 2009 will be a lieutenant on their scale of origin by the age system when they are three years old. services in employment. They shall be incorporated into the new scales of officers of the general bodies of each Army as they ascend to captain in the manner provided for in paragraph 7.f.).

(h) In the 2008-2009 promotion cycle, lieutenants and fuses referred to in points (f) and (g) of this paragraph, as well as those referred to in paragraph 10, shall be used by the captain and lieutenant respectively by the system of seniority as long as they meet the service time requirements set out in them.

8. The members of the non-commissioned officers of the general bodies and of specialists will be incorporated on 1 July 2009 into the new scales of non-commissioned officers of the general bodies of each Army, according to their use and seniority. In the case of equality in seniority, they shall be ordered in proportion to the staff of the same seniority in each of the proceedings.

9. The soldiers of troops and mariners who maintain a relationship of professional services of a permanent character will have the status of a career military since the entry into force of this law. Both these and the temporary ones will be incorporated on 1 July 2009 at the troop or marinery scales of the general bodies of each Army according to their employment and seniority. In the case of equality in seniority, they shall be ordered in proportion to the staff of the same seniority in each of the proceedings.

10. The Marine Corps will apply the same criteria as the previous paragraphs for the incorporation into the new scale of officers of the members of the higher level of officers and the scale of officers and to constitute the the scale of the officers and the scale of the troops. The latter shall be incorporated into the possession of the marine and music specialties.

11. The following rules will apply to the bodies of the Army of the Earth, the Navy, and the Army of the Air and the Army of the Air and the Armed Forces ' common bodies, with the following rules applicable:

a) Members of the senior officers ' scales will be incorporated into the new scales of officers of the corresponding bodies according to their employment and seniority.

b) The members of the technical scales of officers of the corps of engineers will be incorporated into the new technical scales, according to their employment and seniority. The fuses will be incorporated into the new scale by ascending to lieutenant by the seniority system by serving three years of service time in employment.

c) Members of the Military Corps of Health officers will be incorporated into the new scale of nurse officers, according to their employment and seniority. The fuses will be incorporated into the new scale by ascending to lieutenant by the seniority system by serving three years of service time in employment.

(d) Members of the Military Musician Corps ' Sub-Officer Scale shall be incorporated into the new scale of the same denomination, according to their employment and seniority.

12. Where staff from different backgrounds are present and criteria of proportionality need to be used, the following formula shall apply to each of the members of the different procedures:

C = (P -0.5) /N in which:

C = Coefficient for sorting.

P = Number of order the data subject occupies in the collective of provenance of its scale constituted by those of the same employment or of the same employment and seniority, as appropriate.

N = The number of components in the previous collective.

Then, it will be ordered from the different procedures, taking the coefficients from the lower to the greater, solving in case of equality in favor of the older one.

13. Those who complete their training period after 1 July 2009 shall be subject to the following rules:

a) They will be incorporated in the new official scales, when the training is for the access to the higher scales of officers of the general corps, marine infantry, of the intrend and of the engineers of the Armies and of the the common bodies of the Armed Forces.

b) Accede with the use of alfez at the scales of officers of the general and specialist bodies and marine infantry of Law 17/1999, of 18 May, when the training is for such scales and they will be of application of the rules of promotion and incorporation to the new scales defined in this provision.

(c) The use of alfez shall also be accessed when training is for the technical scales of officers of the Corps of Engineers of the Armies or at the level of officers of the Military Corps of Health, the rules of promotion and incorporation to the new scales defined in this provision until 1 July 2012, date on which all the alferes will ascend to lieutenant for the system of antiquity and will be incorporated to the new scales. From that date the access to the said scales shall be with the use of lieutenant.

d) The incorporation of the new scales of non-commissioned officers and troops and marineria will be carried out with the criteria of this provision according to the standards of adaptation to be determined by the Minister of Defense.

14. The professional members of the military who join the new scales will maintain the specialties they have at the origin. For the purposes of the promotion, all the destinations occupied in their employment shall be computed.

15. There will be an offer of specialization for those affected by the process of constitution of bodies and scales, for the purpose of completing, in the field of the teaching of improvement, the preparation for the professional performance in the scale and for, where appropriate, the reorientation or adaptation of the career profile referred to in Article 75.1.

16. The components of the scales of officers of the general corps, of the Marine Corps and of the specialists of the Armies that do not join the new scales, by renunciation or other causes, will remain in their ports of call of origin, that they remain declared to be extinguished as of 1 July 2009, with the name 'scale to be extinguished of officers' of the corresponding bodies.

On these scales, the employment of Lieutenant Colonel will be promoted by the system of choice, provided that at least four years of service time are met in the employment of the commander and on the occasion of vacancy in the staff for this job to be determined by the Minister of Defense.

The employment of a commander shall be promoted by the system of classification, provided that at least seven years of service time are met in the employment of the captain and on the occasion of vacancy in the templates for this job determine the Minister of Defense.

The rise to captain will take place in antiquity by serving nine years of service time between the jobs of lieutenant and alferez. Each one of those who agreed to these stops in the employment of lieutenant will ascend to captain the same day of the ascent of the one that precedes him in the escalafon, computandosele as conditions for the ascent all the destinations occupied in the job.

The rise to lieutenant will occur in seniority by serving three years of service time in employment.

In military position relations, those who may be occupied by personnel from these scales will be specified to extinguish officers.

The transfer to the reserve status of this staff will occur when the age provided for in Article 113.4 is met; in the quotas regulated in Article 113.3, either on a voluntary or an annual basis or on a compulsory basis between the greater seniority in the corresponding employment, and for a period of 30 to three years from the time of obtaining the status of a career military officer as provided for in the eighth paragraph of Article 8 (4). This latter case will not apply to the lieutenants who will be transferred to the reserve by the end of the six-year period in which they remain in employment, although those who are less than fifty-six years of age will be less than six years old. they will do so on the date that they meet that age.

Transient disposition fifth. Regime of the military in addition to Law 17/1999, of May 18.

1. Those who, upon the entry into force of this law, have the status of a military complement, will continue to be governed by the regime of commitments and promotions established in Law 17/1999 of 18 May, and in the final provision of Law 8/2006, of 24 April, of Troop and Marineria, with the modifications established in this provision that will also be applicable to those who are in the training period access to the condition.

2. Those who carry less than five years of service may choose to fulfill their commitment and cause low in the Armed Forces or renew it for a new one until they complete six years of service, upon a declaration of suitability, governed by that time as set out in the following sections.

3. Those who carry more than five years of service and those of the previous paragraph as they are complying may choose to sign, on a declaration of suitability, a long-term commitment up to the age of forty-five years with the arrangements established for the troops and marineria in Law 8/2006, of April 24, of Troop and Marineria and in this law. Those who have the employment of alfez shall be a lieutenant with the effect of the date of signature of the undertaking, and shall bear three-year periods starting from the beginning of the long-term commitment. Those who do not sign that commitment will cause low in the Armed Forces upon completion of the one they have subscribed to.

Complement military personnel who have a long-term commitment, will be able to enter the Royal and Military Order of San Hermenegildo if they meet the requirements of an intestable conduct and service times, counted in their form of professional engagement with the Armed Forces, required of the career military in the relevant regulatory standards.

4. The complement military may access by internal promotion to the military training of training for the incorporation with the employment of lieutenant to the various scales of officers, according to the criteria established in article 66 of the Law 17/1999, of 18 May, adapted regulatively to the structure of bodies and scales and to the education of formation regulated in this law.

To complement military personnel who possess the qualifications required for admission to military training centers for access to the scales of officers of the common bodies of the Defense or of the bodies of engineers of the Armies, they will be reserved for specific places in the annual provisions.

5. The long-term commitment will be spent in reserve for special availability under the conditions laid down in the Law of Troop and Marineria, with an allocation of 1.9 times that corresponding to the military personnel of the troops and marineria and are included in article 122.3 of this law. Where appropriate, the premium shall be entitled to the services provided in the cases and to the amount to be determined in accordance with the rules.

The military supplement with a long-term commitment, who at 45 years of age has not completed 18 of the services and has the possibility to reach them before they are 50 years of age will be able to extend their commitment until acquire the service time mentioned.

They may also extend their commitment up to the age of 50 years of the complement military which, at the entry into force of this Law, is 42 years old.

6. In addition, the military officers who have been discharged from the Armed Forces and who do not have a special availability reserve will be able to access a voluntary reserve in accordance with the provisions of Article 130 for the professional military.

7. In addition to a long-term commitment, the members of the military who have signed a commitment may have access to the permanent status in the places to be determined in the annual provisions from the year 2009, retaining the employment they have. In order to participate in the corresponding selection processes, it will be necessary to have completed ten years of service as a complement military and the other conditions to be determined regulatively. Those who have access to this relationship of permanent services shall acquire the status of a military officer.

It will be possible to reach the jobs of captain and commander who will be promoted by the systems of seniority and election respectively.

The regulated administrative situations for the military personnel will be applied to them and, consequently, they will pass to reserve in conditions analogous to those established for the components of the scales to extinguish the officers referred to in the previous transitional provision.

8. The Minister of Defense, taking into account the provisions of this provision, will determine the employment templates of the complement military members assigned to the various bodies and scales, differentiating those of the career military.

9. The reservists of special availability, both those from military complement and troops and marineria, will maintain, if they so request, a special relationship with the Armed Forces, through their attachment to the military unit they choose, upon the conformity of the corresponding Army Personnel Command or Chief. They may attend military events and ceremonies in which the unit participates, wear the uniform in solemn military and social events, and have the corresponding identification card. They shall be provided with access to information on benefits to which they are entitled and other matters that may be of interest to them.

Transitional disposition sixth. Promotions in reserve.

The lieutenants colonels and the commanders who pass on to the reserve situation from the entry into force of this law, belong to a scale in which the employment of colonel exists, have no legal limitation to ascend and Ten years in their employment by computing the time in reserve, they may obtain, if they meet these conditions before June 30 of the year 2019 and request it, the employment of Colonel or Lieutenant Colonel, respectively. They shall be granted with effect from 1 July following the date on which they meet the conditions.

Transitional disposition seventh. Promotion of non-commissioned officers to the employment of lieutenant.

1. All the non-commissioned officers who had obtained the employment of a sergeant from 1 January 1977 and before 1 January 1990, the date of entry into force of Law No 17/1989 of 19 July, regulating the Military Personnel Regime Professional, and that they have no legal limitation to reach the employment of a second lieutenant, they will be able to obtain the employment of lieutenant of the scales of officers of Law 17/1999, of 18 of May, of the Staff of the Armed Forces, at the moment of their Pass to the reservation situation if you request it previously, with seniority, service time and economic effects from the date of promotion.

2. The staff of the previous section who are in the reserve situation and who would not have been able to avail themselves of the provisions of the additional provision octava.3 of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, will be able to obtain the employment of a lieutenant if he so requests within six months of the entry into force of this law, with seniority, service time and economic effects of 1 January 2008.

Transient disposition octave. Adaptation of administrative situations.

1. The professional military officer who is in any of the administrative situations whose regulation is amended by this law will apply the new legislation with effect from its entry into force, passing, if necessary, to the situation, without prejudice to the rights acquired up to that date. Personnel who are in a reserve position shall remain in such a situation regardless of the new conditions under which they are subject to this law.

2. The transfer to the reserve situation, as provided for in Article 113.1.b), shall apply for six years in the employment of a colonel from 1 August 2013. Up to that date the senior officers will be placed on a reserve basis for six years in employment if they are over fifty-six years old; if they do not have them, they will do so on the date they meet the age.

The lieutenants on the scales of officers of the general and specialist corps and marine infantry will continue to pass on to the reserve when they serve six years of stay in employment until June 30 of the year. 2009. Those who are less than fifty-six years of age in this situation will do so on the date of their age.

The lieutenants colonels of the technical scales of the engineers of the Army of the Earth, the Navy and the Army of the Air and the scale of nurses of the Military Corps of Health to which it is appropriate to pass The reserve for the term of six years of employment will do so until 30 June 2013, provided that they are more than fifty-six years old; if they do not have them, they will do so on the date they meet that age.

3. If there are not enough volunteers or annuities to cover the quotas set out in Article 113.3 for the reserve situation, only quotas that are authorized by the Minister of Defense will be completed on a compulsory basis. from 1 July 2008 onwards.

4. Until 31 July 2013, the case of a transfer to the reserve situation, as provided for in Article 144.2.b) of Law 17/1999 of 18 May, shall continue to apply to those belonging to the general corps, the Marine Corps and the specialists, extended from 1 July 2009 to the lieutenants colonels from the scales of officers of those bodies that have been integrated in the new scales. In the event that the 50 and six years are not completed, the pass to the reserve will be delayed at the time of this age.

Until June 30, 2017, the staff mentioned in the previous paragraph, as well as the lieutenants colonels from the scales of officers who have not integrated into the new scales and the senior officers of the These bodies, with more than thirty-three years since their entry into the Armed Forces, will be able to apply for the voluntary pass to the reserve provided that they are aged fifty-eight years old, if they apply the provisions of Article 113.6. In the event that they are not satisfied that age at the time of the request, they shall be granted with effect from the date on which they comply.

5. The brigadier generals who had such employment prior to the entry into force of this law will also pass on to the situation of reserve at the age set in article 144.1.a) of Law 17/1999, of May 18.

transient disposition ninth. Remuneration scheme in the reserve situation.

1. The military personnel who, at the entry into force of this law, are in the reserve situation by application of Article 144 of Law 17/1999, of May 18, will maintain the remuneration of active service until the age indicated in the Article 113.10 of this Law. This remuneration scheme shall also apply to colonels who have moved to the reserve status by application of the additional 16th provision of Law 31/1990 of 27 December 1991 on the General Budget of the State for 1991.

2. The provisions of paragraph 1 shall also apply to the military personnel who are subject to the reserve status by the eighth transitional provision.

3. General officers, in situations of active service or reservation, who have agreed to the employment of general division prior to the entry into force of this law shall continue to apply the provisions of Article 144.10 Second of Law 17/1999, of 18 May.

Transient disposition tenth. Access to a relationship of permanent services of soldiers of troops and marineria.

The soldiers of troops and marineria who have been reinstated to the Armed Forces with a long-term commitment, in application of the transitional provision of Law 8/2006, of April 24, of Troop and Marineria, will be able to present an extraordinary call for the acquisition of the permanent status, without being subject to age limits, enforceable qualifications and the prior number of calls.

Transient disposition eleventh. Reservists.

1. From the entry into force of this law no new access to the temporary reservist condition will occur.

2. Temporary reservists who, pursuant to Law 17/1999 of 18 May, maintain that condition on 30 June 2009 shall cease on that date. During that period, they may apply for their transfer to the condition of a voluntary reserve as provided for in Article 130.

3. Spaniards who have made compulsory military service in any of their forms and who at the entry into force of this law exceed forty years of age will be able to request the consideration of honorary volunteer reservists.

Transient Disposition twelfth. Regulatory range adequacy.

Until they are approved, by royal decree, the Royal Ordinance for the Armed Forces as provided for in article 4.3 of this law, Articles 1 to 4, 6, 10, 14 to 19, 25, 27, 30 to 33, 35 to 48, 51 to 78, 80 to 83, 85, 86, 88 to 167, 189 and 191 of Law 85/1978, of December 28, of Royal Ordinance for the Armed Forces, will have the rank of royal decree.

Single repeal provision. Derogations and vigencies.

1. Articles 5, 7 to 9, 11 to 13, 20 to 24, 26, 28, 29, 34, 49, 50, 79, 84, 87, 168, 170 to 173, 175, 176, 179, 183 to 184, 186 to 188, 190 and 192 to 224 of Law 85/1978 of 28 December of Royal Ordinance for the Forces are hereby repealed. Armed, articles 169, 174, 177, 178, 180, 181, 182 and 185 are in force.

Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, except Articles 150 to 155 and 160 to 162, the second final provision and the provisions referred to in the following paragraph, which are hereby repealed, are hereby repealed. continue in force, and Law 32/2002, of 5 July, amending Law 17/1999, of 18 May, in order to permit the access of foreigners to the condition of professional military of troops and marineria.

Law 50/1969 of 26 April, basic of National Mobilization, Law 48/1984 of 26 December, regulating the objection of conscience and replacement social provision; the additional provision Third, paragraph 1 of the Recast Text of the Law on Social Security of the Armed Forces approved by the Royal Legislative Decree 1/2000, of June 9, and all provisions of equal or lower rank in which they contradict or oppose this law.

2. They will remain in force as long as the following provisions of Law 17/1999 of 18 May apply to them: additional provision, eighth, access of non-commissioned officers to the employment of lieutenant; additional provision eleventh, pass to the reserve; additional provision twelfth, improvement of trienes; transitional provision third, system of staff of scales to be extinguished; transitional provision seventh, situation of second reserve of general officers; provision Eighth, pass on to the situation of reserve of general officers; the Paragraph 2 of the transitional provision tenth, transitional arrangements for the transfer to the reserve situation; transitional provision eleventh, transitional reserve; transitional provision fifteenth, Corps of War Mutils for the Fatherland; provision Sixteenth transitional period, personal to the service of civil bodies and paragraph 4 of the single derogation provision.

3. In the current provisions, the references and references to Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, shall be construed as being made to this law, except in relation to the matters of the aforementioned law which are in force according to This provision.

Final disposition first. Amendment of the recast text of the Law on Social Security of the Armed Forces, approved by the Royal Legislative Decree 1/2000 of 9 June.

The recast text of the Law on Social Security of the Armed Forces, approved by Royal Legislative Decree 1/2000 of 9 June, is amended as follows:

One. Article 3 is worded as follows:

" Article 3. Application field.

1. They are compulsorily included in the field of application of this special scheme:

a) The Armed Forces ' career military personnel.

b) The complement military, while maintaining their service relationship with the Armed Forces.

c) The professional soldiers of troops and marineria, while maintaining their relationship of services with the Armed Forces.

d) Pupils in military training education.

e) The career military of the Civil Guard and the students of the training centers of the said Corps.

f) Civil servants of Corps attached to the Ministry of Defense who have not exercised the option of joining the Special Social Security Regime of the Civil Servants of the State, as well as, Officials in practice for admission to such Bodies.

g) Staff governed by the Staff Regulations of the National Intelligence Center.

This obligation shall be maintained regardless of the administrative situation in which the staff is located, except in cases of excess in which the length of stay is not computable for the purposes of liabilities.

2. It is also compulsory for staff in the field of application of this special scheme to be included in any of the sections of the previous number who are retiring or retiring.

3. Staff who, for reasons other than those referred to in the preceding paragraph, lose the status of a military officer or civil servant or are in the situation of leave in which the length of stay is not computable for the purposes of rights liabilities, and reservists of special availability, may be in the field of application of this Law, provided that in such situations they do not belong to any other social security system and pay the full amount of the contributions by the State and by the persons concerned which establishes the State's General Budget Law.

4. Where a single provision of services is a cause of mandatory inclusion in this Special Regime and in another or other Social Security Regulations, it may be, for the sole purpose, to be exclusively governed by the provisions of this Law, unless the double affiliation affects this and another Special Regime of officials, in which case it will be possible to opt, also for once, for belonging to either of the two.

5. It shall be excluded from this Law and shall continue to be governed by its specific rules, non-official civil personnel providing services in the Military Administration. '

Two. Article 12 (2) is worded as follows:

" 2. The determination of the status of beneficiary under this special scheme shall be established regulatively. '

Three. Article 13 is worded as follows:

" Article 13. Content of healthcare.

Healthcare delivery comprises:

(a) Primary care services, including primary emergency care in outpatient or home-based care, and specialised care, either on an outpatient or hospital basis and in hospital emergency services, all of them with a content similar to that established for the beneficiaries of the National Health System.

(b) The pharmaceutical supply, which includes official formulas and formal preparations, specialties and pharmaceutical effects and accessories, with the extension determined for the beneficiaries of the National System of Health. Beneficiaries shall participate by payment of a percentage per prescription, or, where appropriate, by medicinal product, to be determined by regulation.

(c) Complementary benefits, the definition and content of which shall be determined by regulation. "

Four. Article 16 is worded as follows:

" Article 16. Military health.

The provisions of this Section 1 should be without prejudice to the functions which, in accordance with the current legislation, correspond to military health in the field of logistics, as well as in terms of the appreciation of the precise psycho-physical conditions for the service. "

Five. A second paragraph is added to Article 22.6.b with the following wording:

" In this case, the right of the persons concerned to the benefits included in this section shall also be recognised where prior to the withdrawal declaration they would have ceased the destination in the reserve situation, provided that such cessation has occurred on the occasion of the initiation of a file of psycho-physical insufficiency which results in such a declaration. '

Six. The single transitional provision is given a new title, being worded as follows:

" Single transient provision. Benefits of uselessness for the service prior to 15 June 2000. '

Seven. A new paragraph (C) is added to the single transitional provision with the following wording:

" (C) By the amended text of Articles 22 and 23, in accordance with the wording referred to in Article 49 of Law 66/1997 of 30 December 1997, of fiscal, administrative and social measures, if the facts cause were produced from 1 January 1998 to 14 June 2000, both inclusive. '

Final disposition second. Amendment of the Law of 8 June 1957, regulating the Civil Registry.

Article 18 of the Law, of 8 June 1957, regulating the Civil Registry is added a new paragraph with the following wording:

" The death of persons of foreign nationality in the service of the Armed Forces and the Spanish Security Forces shall also be entered in the Central Civil Registry, provided that such death is occurred during a mission or operation outside Spain and that the registration system of the State where the event occurred did not practice the relevant registration, without prejudice to the transfer of the registration made to the State Registry of which The deceased person is a national. "

Final disposition third. Amendment of Law 17/1999, of 18 May, of Staff Regulations of the Armed Forces.

Article 152 (2) of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, which continues in force as provided for in paragraph 1 of this law's only derogating provision, is hereby drafted. as follows:

2. The following equivalences between the military jobs and the classification groups of the military personnel will be applied to the sole remuneration and fixing effects of the regulatory assets for the determination of the passive rights of the military personnel. Officials at the service of Public Administrations:

Army General to Lieutenant: Subgroup A1.

Alfez and senior officer to sergeant: Subgroup A2.

Major-to-soldier with permanent-character services: Subgroup C1.

First to soldier with service relationship of temporary character: Subgroup C2.

Final disposition fourth. Amendment of Law 8/2006, of 24 April, of Troop and Marineria.

Article 2 (2) of Law 8/2006, of 24 April, of Troop and Marineria, is worded as follows:

" 2. The Minister of Defense will determine the military personnel of troops and marineria in active service, differentiating those who maintain a permanent or temporary relationship of services, for the different jobs of each scale and, where appropriate, specialties. The employment of a soldier or a seaman whose staff shall be those resulting from the objective to be determined annually by the General Budget Law and the corresponding annual provision of places shall not be included. '

Final disposition fifth. Personnel regime of the National Intelligence Center.

1. The professional military officer who serves in the National Intelligence Center will be subject to the only staff regulations referred to in Article 8 of Law 11/2002 of 6 May, which is the regulator of the National Intelligence Center, to which in paragraph 1, two new paragraphs are added with the following wording:

" (e) The assumptions, conditions and effects on which the staff of the Centre may be able to take up positions in the Public Administrations, whether or not they are reinstated to their body or scale of provenance in cases where accordingly.

(f) The regime of rights and duties to be conferred on the public function and that of personnel subject to military discipline. "

2. Military personnel who join the Centre with a service relationship of a temporary nature shall remain in the active service situation in their body and scale of origin; when they acquire the status of permanent service, they shall be subject to the status of services. special. In both cases, it will meet the conditions to be evaluated for the ascent, in a way that is determined regulatively.

Final disposition sixth. Corps of Army Engineers and Military Corps of Health.

1. When, according to the reform of degree and graduate degrees of engineers, their professional privileges are updated and their integration in the classification groups of the officials is adapted to the service of the Public Administrations. and taking into account the general structure of bodies, scales and specialties of this law, the Government will have to send to the Congress of Deputies a bill that regulates the regime, scales, jobs and tasks of the engineers in the Forces Armed.

2. In such terms, it will take action in relation to the Military Body of Health, taking into account the management of the health professions once the qualifications required for the purpose of the training are given in the field of public administrations. exercise and their integration into the classification groups of officials.

Final disposition seventh. Adaptation of the Civil Guard Corps personnel regime.

1. The government will have to submit to the Congress of Deputies a bill that will update the regime of the personnel of the Civil Guard Corps, with a new structure of scales, in which the higher level of officers and officers will be integrated. in one and in which the systems of education and professional promotion of its members are regulated.

2. Training for the access to the new scale of officers of the Civil Guard Corps will comprise, on the one hand, the military and security training of the State and, on the other, the corresponding to a degree of university degree of the general education system.

Military training and the state security corps will be taught at the Civil Guard Officers ' Academy with periods to be determined in military training centers of the Armed Forces.

The Ministries of Defense and Interior will promote the creation of a university center attached to one or more public universities, in which the teachings that lead to obtaining the degree of degree will be taught. the university to be determined jointly to meet the requirements of the professional exercise in the Civil Guard. The ownership of such a centre, which will be located in the Civil Guard Officers ' Academy, will be the responsibility of the Ministry of the Interior.

3. In Article 26.2 of Law 42/1999, of 25 November 1999, of the Staff Regulations of the Civil Guard Corps, the following sentence is deleted: "... not to have recognized the condition of conscientious objector nor to be in the process of requesting it ..."

Final disposition octave. Recognition of military service.

The General Courts express their appreciation to all Spaniards who, in compliance with their obligations, served Spain by carrying out the military service and paying special tribute to those who lost their lives.

Final disposition ninth. Recognition of services provided in the territory of Ifni-Sahara.

1. The General Courts recognize the surrender and sacrifice of those who, in compliance with the compulsory military service, were integrated into the expeditionary units of the Armed Forces in the territory of Ifni-Sahara and participated in the campaign from 1957 to 1959.

2. The Ministry of Defense will develop support programs to recognize the work carried out by those who participated in the campaigns, will contribute to the activities of the associations that group them and will draw up a list of participants in the contest to subsequently study nominal aid.

Final disposition tenth. Oath or promise of the Spaniards to the Flag of Spain.

1. The Spaniards who request it will be able to express their commitment to the defense of Spain, with the oath or promise before the Flag, with the following formula:

" Spaniards! Do you swear or promise for your conscience and honor to keep the Constitution as a fundamental rule of the State, with loyalty to the King, and if you need to be, to surrender your life in defense of Spain? "To which they will answer:" Yes, we do! "

2. The act of oath or promise before the Flag shall be held in a manner similar to that laid down in Article 7.

3. The Minister of Defence shall establish the procedure for requesting and exercising this right.

Final disposition eleventh. Competence title.

This law is dictated by the provisions of article 149.1.4. of the Constitution.

Final disposition twelfth. Entry into force.

This law shall enter into force on 1 January 2008.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 19 November 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO