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Law 11/2007, Of 22 October, Regulating The Rights And Duties Of The Members Of The Civil Guard.

Original Language Title: Ley Orgánica 11/2007, de 22 de octubre, reguladora de los derechos y deberes de los miembros de la Guardia Civil.

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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 organic law.

PREAMBLE

I

The evolution and adaptation of the Civil Guard to the social reality and the needs that the service to the citizens has gone, progressively, demanding, has been a constant throughout the long history of the Body. An essential milestone was the approval of the Spanish Constitution of 1978, which included a series of forecasts in relation to the Corps and Security Forces that, for the Civil Guard case, acquire greater uniqueness because of their condition. Armed Institute of Military Nature.

In particular, Article 104, in its second paragraph, collected a reservation that would be, by means of an Organic Law, to regulate the future status of the Security Forces and Forces. This mandate, implemented through the Organic Law 2/1986, of March 13, of Forces and Security Corps, has served as a framework from which the regulatory body applicable to the members of the Civil Guard has been configured.

Among this compendium of norms are those specifically approved for the Armed Institute, such as Law 42/1999, of 25 November, of the Staff Regulations of the Civil Guard Corps, and the Organic Law 11/1991, of 17 June, from the Civil Guard Disciplinary Regime-, or others that result from the military nature of the Corps.

II

This Law addresses the regulation of the exercise of fundamental rights and public freedoms recognized and guaranteed for all citizens, giving full compliance to the constitutional provisions that the recognize and guarantee, while determining that for different groups or sectors of public servants, limitations or conditions may be established in their exercise. Conditions which are justified by the responsibilities assigned to them and which, in any case, are defined and proportionate to the nature and importance which the maintenance of public security requires of the persons responsible for their warranty.

It is recognized, at the same time, that there are channels of participation and expression for members of the Civil Guard through the recognition of professional associations and the creation of an organ to participate in them.

Three are, therefore, the great objectives that inspire this Law:

First of all, and in the light of the above, to provide the Civil Guard with a genuine and complete regulatory statute, in which the rights and duties of its members are framed, thus overcoming the treatment excessively (parco) referred to in Organic Law 2/1986 of 13 March.

Secondly, that this regulation responds to the social reality of the Body and to what society demands of its members. The accentuated processes of modernization that have taken place in Spanish society since the approval of the Constitution of 1978 and the establishment of democracy have not ceased to have effects on a collective so rooted and intertwined with the society as it is the Civil Guard. It is therefore necessary to pass on the values and guidelines of an Armed Institute of a military nature with the daily development of basically police functions linked to the problematic of a dynamic, innovative and jealous society. of their democratic rights as is the Spain of the 21st century.

And, finally, and with greater specificity, the Staff Regulations, for the first time, include the right of professional association of the Civil Guards, and have determined their extension, form of exercise and configuration of the associations professional. This regulation of professional associationism finds a special complement to the Civil Guard Council, which is established as a body for the participation of the Civil Guards, by means of representatives of its members, whether or not they are members of the Civil Guard. professional association.

III

Title I, dedicated to the general provisions, in its only article delimits the object and scope of the Law, consisting in determining the specific regulation of rights and freedoms. constitutional as well as the professional rights of the members of the Civil Guard.

The development of the specialties in the exercise of the fundamental rights and public freedoms that correspond to the Civil Guards, has been carried out in Title II on the premise that, except for the exceptions and Points that expressly contain the Law, this catalogue is coincident with that of the rest of the citizens.

First of all, it highlights the treatment that is carried out on the intangibility of equality in the internal regime and functioning of the Body, as well as the mandate to the authorities to guarantee professional equality between the male and female members of the Civil Guard Corps.

In the case of the right of freedom of residence and movement, the Law contains certain provisions that will protect the limitations that may apply to such rights by virtue of the fulfillment of the services that correspond to Civil Guards.

Likewise, this Law has placed particular emphasis on strengthening mechanisms to ensure real and effective equality between the men and women of the Civil Guard, thus avoiding personal or professional discrimination.

And, in particular, it highlights the recognition of the Civil Guards of the fundamental right of association in a double aspect: the generic one, which they will be able to exercise according to the provisions of the Organic Law 1/2002, of March 22, Regulatory of the law of association; and specifically professional, whose detailed treatment is subsequently carried out.

The catalogue of rights finds its correlative enunciation of the duties of the members of the Civil Guard. In this way, Title III begins with the duty of compliance with the Constitution and the legal system, including the obligations of the Civil Guards in aspects as relevant as respect for the hierarchy and subordination, that the use of force in the exercise of his or her duties is always legitimate, as well as the professional obligations of residence, incompatibilities and subject to psycho-physical examinations to determine his or her aptitude for the service.

After the inclusion in Title IV of those that are configured simultaneously as duties (defense of Spain or the use of uniform), the Law collects, in its Title V, the catalogue of the professional rights of the members of the Civil Guard, determining the framework to which it will be necessary to adjust, subsequently, the implementing regulations to be approved in relation to aspects as relevant to the life of the Civil Guard as the day, the schedule, the prevention of risks employment, the filing of complaints or their remuneration.

Extraordinarily important, and object of Title VI, is the absolutely novel regulation of the right of professional association of the Civil Guards, which came constituting a factual reality, covered even by the Constitutional court, but formally unknown by legal order.

El Pais] The legal system for regulating professional associations in the Civil Guard will be the one that the law itself collects-which shares some features with that of other groups, these if provided for in the Constitution, such as the Judges, Magistrates and Prosecutors, and will allow the creation of professional associations integrated, exclusively, by members of the Civil Guard for the promotion of the professional interests of their associates, without, in any case, their actions they may cover or cover up activities which are expressly prohibited to them, such as those of trade union nature, collective bargaining, strike action or the adoption of collective conflict measures.

On the basis of these premises, essential aspects are considered for setting up professional associations, such as their non-profit, the possibility of obtaining public subsidies, the means that are made available to them, and as the conditions for associations to hold meetings in official Civil Guard centres.

The requirements laid down for the formation of professional associations are limited and similar to those required, in general, for the other associations, and the Statutes must be presented in the Specific Register which, for that purpose, shall exist in the Ministry of the Interior.

The Law, finally, creates and regulates in its Title VII the Council of the Civil Guard, a new collegiate body in which representatives of the members of the Civil Guard and the Administration will participate, in order to improve both the professional conditions of the Civil Guards as the functioning of the Institution itself.

In this way, the Civil Guards will elect the representatives in the Council of their respective Escalas through an electoral procedure, to which the associations themselves will be able to participate, as well as the groupings of voters (a) the associated that could be constituted for that purpose.

TITLE I

General disposition

Article 1. Object and scope of application.

1. This Organic Law regulates the rights that correspond and the duties that are required of the members of the Civil Guard in the development of the regime of the rights and public freedoms established by the Constitution, and of the principles of the Social and democratic rule of law, with the particularities derived from the character of the Armed Institute of a military nature.

2. The students of the Teaching Centers of the Civil Guard are also subject to the provisions of this Organic Law.

3. Members of the Civil Guard who are in administrative situations where they cease to be subject to the general regime of rights and obligations of the personnel of the Civil Guard are excluded from their scope of application, according to the regulatory rules for the scheme of such staff.

TITLE II

The exercise of fundamental rights and public freedoms

Article 2. Entitlement.

The Civil Guards are holders of the fundamental rights and public freedoms recognized in the Constitution, without other limits in their exercise than those established in the Constitution, in the provisions that develop and in This Organic Law.

Article 3. Equality.

1. In the internal arrangements and operation of the Civil Guard, no discrimination shall be established or practised on grounds of birth, race, sex or sexual orientation, religion, opinion, or any other personal or personal circumstances or circumstances. social.

2. The competent authorities shall promote the necessary measures to ensure that in the field of the Civil Guard equality between man and woman is real and effective, preventing any situation of professional discrimination, especially in the provision of the service, in the system of entry, training, administrative situations, promotion and access of women at all levels of command and organisation of the Institute.

Article 4. Personal freedom.

Members of the Civil Guard may only be deprived of their freedom in the cases provided for by the Laws and in the manner in which they are provided.

Article 5. Right to privacy and private life.

1. The members of the Civil Guard are guaranteed the rights to privacy, the inviolability of the domicile and the secrecy of communications, in the terms established in the Constitution and in the rest of the legal system.

For these purposes, the flag assigned to the Civil Guard in its unit shall be deemed to be the usual address.

2. The head of the unit, centre or organ in which the Civil Guard provides its services may, in an expressly motivated manner, authorise the personal registration or the effects and belongings which are on them, where the investigation of a person is required. Criminal act. The registration shall be carried out with the assistance of the person concerned and in the presence of at least one witness.

3. Data relating to members of the Civil Guard shall be subject to personal data protection legislation.

Article 6. Freedom of movement and movement.

1. Without prejudice to the limitations resulting from the fulfillment of its mission to protect the free exercise of rights and freedoms and to guarantee citizen security, and the provisions of Article 21 of this Law, the members of the Guard Civilians have the right to move freely within the national territory.

2. The Civil Guards shall inform their superiors in advance of the movement abroad, to which the same limitations apply as for the movement of the national territory.

Article 7. Freedom of expression and information.

1. The Civil Guards have the right to freedom of expression and to communicate and receive freely information in the terms established by the Constitution, with the limits established by its disciplinary regime, professional secrecy and respect for the dignity of individuals, institutions and public authorities.

2. In matters of service or related to the Institution the exercise of these rights shall be subject to the limits arising from the observance of the discipline, as well as to the duties of political and trade-union neutrality, and reserve.

Article 8. Right of assembly and demonstration.

1. Civil Guards may not organise political or union demonstrations or meetings.

2. Civil Guard meetings in official offices shall be communicated in advance to the head of the unit, centre or body concerned, who may not authorize them due to the operation of the service.

3. In any case, they shall not be able to attend demonstrations or meetings in the form of a regulatory uniform, or carry weapons, and must comply with the requirements of neutrality of the status of the Civil Guard.

Article 9. Right of association.

1. The Civil Guards have the right to freely associate themselves and to constitute associations, in accordance with the provisions of Articles 22 and 104.2 of the Constitution and in this Organic Law, for the defense and promotion of their rights and interests professional, economic and social.

2. Civil Guard associations which are not professional, shall be governed by the provisions of this Article and by the general rules governing the right of association.

3. The associations of Civil Guards created for professional purposes shall be regulated in accordance with the provisions of this Law, with the general rules governing the right of association being applied.

4. The Civil Guards members of an association have the right to participate actively in the achievement of the purpose of the association, without any limitations other than those set forth in this Law.

5. Civil Guards associations may not carry out political or trade union activities or be part of political parties or trade unions.

Article 10. Right to vote.

1. The Civil Guards shall exercise the right to vote in accordance with the provisions of the general election regime. The competent authorities shall take the necessary measures to enable them to exercise, in particular when they are required to serve on election days and during their missions abroad.

2. The Civil Guards shall not enjoy the right to stand as a candidate in the terms laid down by the legislation of the general election regime.

Article 11. Syndication right.

The Civil Guards will not be able to exercise the right to unionize.

Article 12. Right to strike.

The Civil Guards may not exercise the right to strike or take any alternative or similar actions, or those other concerted actions in order to alter the normal functioning of the services.

Article 13. Right of petition.

The Civil Guards may exercise the right of petition, individually, in cases and with the formalities outlined in the law of petition law.

Article 14. Access to the Ombudsman.

The Civil Guards may be directly and individually addressed to the Ombudsman, in accordance with the provisions of the Ombudsman's legislation.

TITLE III

From the duties of the members of the Civil Guard

Article 15. Compliance with the Constitution and the Legal Order.

The members of the Civil Guard have a duty to respect the Constitution and the rest of the legal system, as well as to protect the free exercise of rights and freedoms and to guarantee citizen security.

Article 16. Hierarchy, discipline and subordination.

The members of the Civil Guard must adapt their professional performance to the principles of hierarchy, discipline and subordination. In no case shall the due obedience be able to protect the fulfillment of orders that involve the execution of acts that are manifestly a crime or are contrary to the Constitution or the Laws.

Article 17. Respect for physical and moral integrity.

The members of the Civil Guard are obliged to observe strictly the rules on the legitimate use of force, and must always have the respect for the life and the physical and moral integrity of the person.

Article 18. Neutrality and impartiality.

1. Members of the Civil Guard shall not be able to establish or join political parties or trade unions or engage in political or trade union activities.

2. In the performance of their duties, the Civil Guards shall act with absolute political and union neutrality, respecting the principles of impartiality and non-discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age, sexual orientation, language, opinion, place of birth or neighbourhood or any other personal or social condition or circumstance.

Article 19. Reserve on professional matters.

The members of the Civil Guard are subject to the general law on official secrets and classified matters. They also have the duty to keep professional secrecy and the due secrecy in respect of those facts or information not classified from those who have become aware in the performance of their duties.

Article 20. Duty of cooperation in the event of a disaster.

In the case of statements of the states of alarm, exception or site, or when that is available in case of serious disturbance of the citizen's security, serious emergency, situation of urgent risk or public calamity, the Guards Civilians shall be present at their destination or at the nearest level and shall be made available immediately to the authorities concerned.

Article 21. Residence and domicile.

1. Whenever appropriate compliance with professional obligations is ensured, the setting of the address in a municipality other than the one of destination may be authorised in the terms and conditions to be laid down.

2. The Civil Guard shall be obliged to communicate in its unit the place of its habitual or temporary domicile in order to facilitate its location. In any case, the means of localisation should be provided to enable the entire Civil Guard to meet their professional obligations in a timely manner.

Article 22. Incompatibilities.

The Civil Guards shall be subject to the general regime of incompatibilities of the General Administration of the State, without prejudice to the most rigorous incompatibilities that may be established by its specific regulations.

Article 23. Psycho-physical recognitions.

The Civil Guards have an obligation to undergo the psycho-physical examinations necessary to determine their fitness for the service. The form and time-limits for this obligation shall be established.

TITLE IV

The rights and duties of the members of the Civil Guard

Article 24. Defense of Spain.

The Civil Guards have the right and duty to defend Spain in accordance with the provisions of the national legislation of national defense.

Article 25. Use of uniform and weapons.

Members of the Civil Guard shall have the right and duty to use the regulatory uniform, as well as the duty to bear arms for the provision of the service, in accordance with the rules governing such uses, in the exercise of the right to provide services. of their functions.

Article 26. Training and further training.

The members of the Civil Guard will have the right and, where appropriate, the duty to participate in the courses and in the training activities aimed at improving their professional capacity and facilitating their promotion according to the criteria the selection objectives to be set for access to those activities. These criteria must respect the principles governing the professional career.

TITLE V

From the professional rights of the members of the Civil Guard

Article 27. Professional career.

The Civil Guards are entitled to the development of their professional career, especially to the regime of promotions, destinations, decorations and rewards, in accordance with the principles of equality, merit, capacity and conformity. with the rules that regulate it.

Article 28. Schedule of service hours.

1. The service schedule of the members of the Civil Guard, without prejudice to their permanent availability for the service, will be determined by regulation. The arrangements for their provision and the calculation of such time shall be determined in accordance with the needs of the service.

2. Without prejudice to the needs arising from the performance of their duties, the determination of working time and working hours and, where appropriate, the system of shifts, account shall be taken of the reconciliation of the family and working life of the Guard. Civil.

3. The Civil Guards have the right to know in good time their working time and working time and, where appropriate, the system of shifts, without prejudice to changes which may be justified by the needs of the service or for reasons of force majeure.

4. The compensation to be paid for the modification of the working day shall be determined in accordance with the rules.

Article 29. Holidays, permissions and licenses.

1. The members of the Civil Guard shall have the right to enjoy the holidays, permits and licenses provided for by the general legislation of the officials of the General Administration of the State, adapted to the functions and duties. of the Body.

2. Without prejudice to the foregoing, and in the light of the singularities arising from the functions and duties of the Civil Guard, their duration and form of exercise shall be determined by regulation.

Article 30. Legal assistance.

1. In judicial proceedings directed against members of the Civil Guard in the exercise of their activity or on the occasion of their activity, they shall be entitled to free legal assistance in the terms which they regulate. They shall have the same right for the exercise of the particular charge arising from having been the victims of the commission of offences or offences in the pursuit of their professional activity, or on the occasion of their professional activity, regulentarily be set.

2. The provisions of the above paragraph shall be without prejudice to the fact that members of the Civil Guard may be represented and defended by the State Advocate in the terms laid down in the legislation governing the scheme. of legal assistance to the State and Public Institutions and its implementing rules.

Article 31. Prevention of occupational risks and health protection.

The members of the Civil Guard are entitled to adequate protection in the field of safety and health at work, with the specific characteristics of the functions entrusted to them.

The General Administration of the State shall promote the necessary measures to ensure, as far as possible, the safety and health of the staff of the Institution when using the means and equipment placed at its disposal, with special attention to the specific risks arising from their functions. To this end, it will develop an active policy for the prevention of occupational risks and health surveillance and provide the necessary personal protective equipment for the performance of its mission, facilitating sufficient training and information in the field of prevention.

Article 32. Social protection.

1. All members of the Civil Guard have the right to enjoy a social protection regime that includes health care and benefits in the event of illness and disability in the terms provided for by law.

2. The State Passive Classes Scheme shall apply in general to the personnel of the Civil Guard Corps.

Article 33. Filing complaints.

1. The Civil Guard may, in the field of its unit, centre or body, make complaints concerning the staff arrangements, the conditions and the quality of life in the units, provided that it has not brought an action on the same subject. The procedure for the filing and processing of complaints shall be regulated.

2. The complaints will be submitted by the watered-down channel. If they are not duly served or referred to in the immediate superior command, they may be brought directly to the body responsible for the staff of the Directorate-General of the Police and the Civil Guard and, ultimately, to the organs of inspection of the Secretariat of State for Security.

Article 34. Right to be informed of their duties, duties and responsibilities.

Upon entering their destination, the Civil Guards shall be informed by their immediate heads of the purposes, organization and operation of the unit, specific risks of the destination or service, as well as of the functions, duties and responsibilities which are incumbent upon them, in particular, and, where appropriate, of those temporarily corresponding to them in the case of succession of command or replacement.

Article 35. Remuneration.

Members of the Civil Guard shall be entitled to remuneration in accordance with their employment, employment and employment and to provide for their level of training, incompatibilities, mobility for reasons of service, dedication and risk of their mission, as well as specificity of working hours and peculiar structure.

TITLE VI

From professional associations

Article 36. Scope, duration, and purpose of the association.

The professional associations of Civil Guards must have a state scope, will be constituted for an indefinite period and will have for main purpose the satisfaction of the social, economic and professional interests of their (a) the involvement and implementation of social activities that promote efficiency in the exercise of the profession and the professional ethics of its members.

In no case will these professional associations be lucrative.

Article 37. Economic regime.

1. Professional associations may be financed through the quotas of their members or other economic resources which provide for their Statutes.

In no case will they be able to receive private donations.

2. The perception, if any, of public subsidies will be carried out by the General Budget of the State.

3. The economic arrangements of professional associations shall be subject to the principles of transparency and publicity.

Article 38. Rights of associations.

1. Legally constituted professional associations shall have the right to make proposals and to direct requests related to their purposes to the competent authorities in terms that are determined to be determined.

2. Professional associations may advise and provide support and assistance to their associates, as well as represent them legitimately before the competent bodies of the Public Administrations in matters affecting the professional field of the Guard. Civil, except in cases where such representation is excluded.

3. Professional associations of Civil Guards may promote candidates for the election of members of the Civil Guard Council and any other participation or representation bodies to be established, as well as for the election of members of the organs of representation, government and management of the mutual societies, associations and other entities of social and welfare provision officially constituted by members of the Civil Guard, when provided for in its regulations specifies.

Article 39. Composition.

1. In order to join the professional associations, the members of the Civil Guard Corps shall be in any administrative situation in which, in accordance with the rules governing the system of such staff, they retain rights. and obligations inherent in his status as a Civil Guard.

With the limitations set forth in this Law, the Civil Guards that belong to one of these associations, may, after their retirement, remain associated with it, provided that the corresponding statutes.

2. Members of the Civil Guard Corps may only join professional associations formed exclusively by members of the Corps. Such associations may not be grouped together with others which are not, in turn, exclusively made up of members of the body concerned. However, they may be part of international organisations of the same character.

3. Students from Civil Guard teachers who do not have the status of Guardia Civil will not be able to associate.

4. Only a professional association may be affiliated.

Article 40. Exercise.

The exercise of the right of professional association shall be carried out in such a way that, in any case, the basic principles of the performance of the State Security Forces and Corps and the performance of the functions that are are entrusted to protect the free exercise of the rights and freedoms of persons and to ensure citizen security.

Article 41. Exclusions.

The exercise of the right to strike, the substitute actions of the same, collective bargaining and the adoption of collective conflict measures are excluded from the scope of the professional associations. the carrying out of actions that exceed the exercise of the rights recognized in this Organic Law to the members of the Civil Guard, especially those regulated in Articles 7 and 8.

Article 42. Representatives of the association.

Will have the status of representatives of professional associations those Civil Guards in active service situation who, having the status of affiliates, have been appointed to do so according to the procedure established in its statutes. The effects of such designation shall be produced from the day following that of their registration in the Register of Professional Associations entitled to the effect in the Ministry of the Interior.

Article 43. Representative associations.

It will be considered representative professional associations that would have obtained in the elections to the Civil Guard Council, at least, a representative or, in two of the Escalas, ten percent of the votes cast in each of them.

Article 44. Rights of representative professional associations.

1. Representative professional associations shall be informed and consulted in the process of drawing up regulatory projects affecting the professional conditions of the members of the Institution.

2. They shall also participate, where appropriate, in the working groups or committees which are set up for the treatment of professional aspects.

3. They may also make proposals, raise reports, address petitions and make complaints to the competent authorities.

Article 45. Rights of representatives of representative professional associations.

1. The members of the associations who are members of the Civil Guard Council and a representative appointed by the representative professional associations who are not members of the Civil Guard Council shall be governed by regulation. (a) the right to participate in the activities of professional association, which in any event shall require prior communication to the head of the unit, centre or organ, and may not interrupt or undermine the normal operation of the services.

2. Likewise, the right of representatives of associations with members of the Civil Guard Council to have time, monthly hours and permits for the development of activities related to the civil service will be regulated. their condition.

Article 46. Means for the associations.

In all units, centres or organs suitable locations will be provided for the exposure of the advertisements or communications of the professional associations.

Article 47. Other rights.

1. Professional associations of Civil Guards shall have the right to convene and hold meetings in official Civil Guard centres as part of the exercise of the right of professional association. These meetings will be held outside the working hours and without disturbing the march of the services. Its conclusion shall require prior application to the head of the unit, centre or body, who may refuse it, where it considers that the service may be affected.

2. The authorization must be made in writing, at least seventy-two hours in advance, and the date, time and place of the meeting shall be recorded, and the data of the signatories certifying the representation of the association, in accordance with its statutes, to convene the meeting.

If no objection has been expressed by the competent authority before the date of the conclusion of the meeting by the competent authority, it may be concluded without any further requirement.

3. The convenors of the meeting will be responsible for their normal development.

Article 48. Constitution and registration of the professional association.

1. Professional associations of Civil Guards will be validly constituted since they are registered in the Register of Professional Associations enabled for the purpose in the Ministry of the Interior.

2. The registration shall be applied at the request of any of the promoters, to which the text of the statutes and the founding act shall be accompanied, indicating who of these acts as representatives.

3. Registration may be refused only where the composition of the association is not in accordance with the provisions of Article 39 or where the statutes do not comply with the requirements laid down in this Law or in the other cases provided for in the rules Regulatory framework for the right of association in general.

4. The registration period in the Register of Professional Associations entitled to the effect in the Ministry of the Interior shall be three months from the receipt of the application in the competent body. After that time limit without the express resolution being notified, the application for registration may be understood.

5. When formal defects are noted in the application or in the accompanying documentation, the time limit for the registration shall be suspended and the corresponding period for the correction of the defects shall be opened.

Article 49. Statutes.

The statutes must contain the following:

a) The name.

b) The domicile and the national scope of its activity.

c) The purposes and activities of the association, described precisely.

d) The requirements and modalities of admission and discharge, sanction and separation of the associates and, where appropriate, the classes of the members. They may also include the consequences of non-payment of quotas by the partners.

e) The rights and obligations of the partners and, where applicable, of each of the modalities.

f) The criteria that ensure the democratic functioning of the association.

g) The organs of government and representation, its composition, rules and procedure for the election and replacement of its members, its powers, duration of the charges, causes of cessation, the way to deliberate, adopt and execute agreements and the persons or charges to certify them, as well as the requirements for the aforementioned organs to be validly constituted, and the number of associates necessary to be able to convene sessions or to propose matters on the agenda.

h) The administration, accounting and documentation system, as well as the date of closure of the associative exercise.

i) The initial wealth and economic resources that you can make use of.

j) Causes of dissolution and destination of the estate in such an event, which will not be able to distort the non-profit nature of the entity.

Article 50. Responsibility.

Professional associations will respond to the acts or agreements adopted by their statutory bodies in the sphere of their respective competences. They shall also be responsible for the acts of their members, when they occur in the regular exercise of the representative functions or are credited with acting on behalf of their respective professional associations.

Article 51. Suspension and dissolution.

The suspension or dissolution of professional associations of Civil Guards will be subject to the legal regime established for the right of association.

TITLE VII

From the Civil Guard Council

Article 52. Council of the Civil Guard.

Under the chairmanship of the Minister of the Interior, or person to whom the delegation is delegated, the Civil Guard Council is hereby established as a collegiate body, in which representatives of the members of the Civil Guard Corps and of the Ministries of the Interior and Defense, in order to improve the professional conditions of its members, as well as the functioning of the Institute.

Article 53. Composition of the Council.

1. Members of the Civil Guard Council:

(a) On behalf of the members of the Civil Guard: the members elected by the members of the Institute by means of personal, free, direct and secret suffrage. The number of these representatives will be determined by Escalas, each of them being a vocal in the Council and one more for every 6,000 civil guards who are active on that Scale.

b) Representing the General Administration of the State: the vowels appointed by the Ministers of the Interior and of the Defense Ministry up to the same number of representatives as those who would have been elected by the members of the Institute.

2. The representative of the General Administration of the State designated by the President shall act as Secretary.

Article 54. Duties of the Council.

The Civil Guard Council will have the following powers:

1. To have knowledge and to be heard in advance on the following issues:

(a) Establishment or modification of the professional status and disciplinary regime of the Civil Guard.

b) Determining the working conditions.

(c) Remuneration Scheme.

d) Teaching programs and training plans of the Civil Guard.

e) Permission, vacation, and license regime.

f) Supplementary Social Forecast Plans.

g) Issues affecting other social, professional and economic aspects of the Civil Guards.

2. To inform, on a prior basis, the laws or regulations that are issued on those matters.

3. To know the quarterly statistics on the index of absenteeism and its causes, on accidents in the act of service and occupational diseases and its consequences, on the rates of accidents, as well as the periodic studies or specific to work conditions.

4. Analyze and assess the proposals and suggestions made by the Civil Guards on the personnel regime, on their rights and duties, on the exercise of the right of association and on the social aspects that affect them.

5. Collaborate with the Administration to achieve the establishment of how many measures to maintain and increase productivity.

6. Participate in the management of social works for the staff, when determined by the relevant regulations

7. Receive quarterly information on personnel policy.

8. The others who attribute the laws and general provisions to it.

Article 55. Operation of the Council.

The sessions of the Civil Guard Council may be ordinary and extraordinary.

The Council shall meet in ordinary session, for the dispatch of the matters of its competence, at least once every three months.

The Council shall meet in extraordinary session at the request of its President, on his own initiative or at the request of a third of the members of the Council, to be held in writing to the President.

By Royal Decree the rules of organization and internal functioning of the Council of the Civil Guard will be established, as well as the complementary norms that are precise in the matter of convocation and development of the procedure for the designation of your Vocals.

Article 56. Election to members of the Council.

1. The Civil Guards shall be eligible for active duty or reserve status. Those who are in active service status on the corresponding Scale will be eligible.

2. Candidates for election shall be submitted by national lists for each of the Escalas, and must belong to the Scale at which they are chosen.

3. Candidates may be candidates both legally constituted professional associations and groups of electors, provided that the group is formed, at least, by 10% of the members of the electoral census of the Escala a la the application to be submitted.

In the case of the groups of voters, the signatories, whose identification must be clearly stated, will not be able to have the status of members of any professional association of the Civil Guard Corps, nor will they endorse more than one candidacy.

4. Candidate lists must contain as many names as posts to be filled, plus equal number of alternates.

5. The system of proportional representation shall give each list the number of posts corresponding to it, in accordance with the ratio resulting from dividing the number of valid votes for the number of posts to be covered. The remaining posts, if any, shall be attributed to the lists, in descending order, according to the other votes of each of them.

6. Within each list the candidates shall be chosen in the order in which they appear in the application.

7. Failure to comply with any of the above rules shall determine the nullity of the choice of the candidate or candidates concerned. Verification of compliance with those requirements shall be the responsibility of the Directorate-General of the Police and the Civil Guard.

8. The term of office of the representatives will be four years, and may be re-elected in successive electoral processes. If at that time they move to different administrative situations from the active service, they will lose the status of representatives.

9. The following rules shall be laid down in order to be precise in terms of calling, voting and implementing the electoral procedure.

Article 57. Rights of members of the Civil Guard Council.

The vowels of the Civil Guard Council, representing the members of the Institution, shall have the following rights:

1. Free movement through the dependencies of its electoral unit, without hindering the normal functioning of the corresponding units.

2. Free distribution of publications on professional or associative issues.

3. Accumulation in one of the members of the candidacy of the credits of time, monthly hours and permits, after communication to the Directorate General of the Police and the Civil Guard.

4. Non-discrimination in their professional promotion due to the performance of their representation.

Additional disposition first. Application of the regime of rights and duties of the Armed Forces.

In the cases in which, according to the current legislation, the members of the Civil Guard, in their capacity as Armed Institute of a military nature, will become dependent on the Minister of Defense or be integrated into Units military, will be governed by the regulations on rights and freedoms applicable to members of the Armed Forces.

Additional provision second. Special Scales Pool Scheme.

For the purposes of the election of the members of the Council of the Civil Guard, they shall be deemed to constitute a single Scale, on the one hand, the Superior of Officers and the Superior Facultative, and, on the other, that of Officers and the Technical Optional.

Additional provision third. Amendment of Organic Law 1/2002 of 22 March, regulating the law of association.

Article 3 (c) of the Organic Law 1/2002, of 22 March, which is a regulation of the law of association, is amended to read as follows:

" c] The members of the Armed Forces will have to abide by the provisions of the Royal Ordinance for the Armed Forces and the rest of their specific rules for the exercise of the right of association. Members of the Civil Guard shall be governed by their own rules. "

Additional provision fourth. Amendment of Law 42/1999, of 25 November of the Staff Regulations of the Civil Guard Corps.

The following articles of Law 42/1999, of 25 November of the Staff Regulations of the Civil Guard Corps, are amended, which are amended as follows:

1.

" Article 3. Oath or promise to the Flag of Spain.

In order to acquire the status of Guardia Civil, it will be necessary to take an oath or promise to faithfully fulfill the obligations of the position with loyalty to the King and to keep and keep the Constitution as a fundamental rule of law. Status.

The oath or promise will be made before the Flag, assuming the commitment to defend Spain and to protect the exercise of citizens ' rights and freedoms. "

2.

" Article 91. Applicable rules.

The Civil Guards will have the rights and will be subject to the obligations outlined in the Organic Law 2/1986, of March 13, of Forces and Security Corps, in the Organic Law regulating the rights and duties of the Members of the Civil Guard, in the Organic Law of Disciplinary Regime of the Civil Guard, in this Law, as well as in the other rules that apply to them for their condition of Armed Institute of Military Nature. "

3.

" Article 92. Council of the Civil Guard.

1. The Council of the Civil Guard is the collegiate body for the participation of representatives of the members of the Civil Guard Corps and the General Administration of the State in order to improve the professional conditions of its members. how the institution works.

2. The Civil Guards may address directly to the Civil Guard Council to propose proposals and suggestions on the staff regime, on their rights and duties, on the exercise of the right of association and on the social aspects. which affect them. This procedure shall not apply to petitions, complaints and appeals, which shall be dealt with in accordance with the procedure laid down in Chapter V of this Title. "

First transient disposition. Call for the first elections to the Civil Guard Council.

Within nine months of the entry into force of this Law, the Ministry of the Interior will hold the first elections to representatives of the members of the institution in the Council of the Guard. Civil.

The elections shall be held within one year of the entry into force of this provision.

Second transient disposition. Transitional operation of the Personal Advisory Board.

The Personal Advisory Board referred to in Article 92 of Law 42/1999, of 25 November, of the Staff Regulations of the Civil Guard Corps, will continue to develop the functions derived from that provision to the the day before the constitution of the Council of the Civil Guard, which was extinguished from then on.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank that are opposed or contradicted in this Organic Law are repealed.

2. From the entry into force of this Organic Law, it will not apply to the members of the Civil Guard Corps, as soon as it affects the right of professional association, Article 181 (1) of the Royal Ordinance, approved by Law 85/1978, of December 28.

Final disposition first. Nature of this Law.

This Law has the character of Organic Law, with the exception of the following precepts and provisions:

Articles 22 and 23.

Articles 25 to 35, both inclusive.

Articles 37, 46, 49, and 50.

Articles 52 to 56, inclusive.

Additional provisions second and fourth.

the Transitional Provisions.

The Repeal Provision.

the Second Final disposition.

Final disposition second. Entry into force.

This Law shall enter into force on the twentieth day of its publication in the "Official Gazette of the State", with the exception of the provisions of the third paragraph of the fourth Additional Disposition, which shall enter into force on the same day as the constitution of the Civil Guard Council.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 22 October 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO