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Royal Decree 476 2007, 13 April, Amending The Regulations Of Provision Of Destinations Of The Staff Of The Body Of The Civil Guard, Approved By Royal Decree 1250 / 2001 Of 19 November.

Original Language Title: Real Decreto 476 /2007, de 13 de abril, por el que se modifica el Reglamento de provisiĆ³n de destinos del personal del Cuerpo de la Guardia Civil, aprobado por Real Decreto 1250/2001, de 19 de noviembre.

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TEXT

The Organic Law 1/2004, of 28 December, of Measures of Comprehensive Protection against Gender Violence, by means of its additional provision ninth, point three, added a letter (i) to Article 20 (1) of Law 30/1984, 2 of August, of Measures for the Reform of the Civil Service, creating specifically for the female official victim of gender violence a right of preference to obtain another position of its own body or scale, of similar characteristics, that I know is vacant and is required to provide, in order to render effective its protection or its right to comprehensive social assistance. On the other hand, Royal Decree 255/2006 of 3 March, amending the General Staff Regulations for the Service of the General Administration of the State and Provision of Jobs and Professional Promotion of the Officials of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March, and the Regulations of Administrative Situations of Civil Servants of the General Administration of the State, approved by the Royal Decree 365/1995, of March 10, also develops various aspects relating to the mobility of the official victims of gender-based violence, in particular, on the application procedure, the vacancies that the affected person may request and the consideration of forced transfers for transfers involving change of residence. Order APU/3902/2005, of December 15, provided for the publication of the Agreement of the General Negotiation Table establishing remuneration measures and for the improvement of working conditions and the professionalization of employees public, known as "Plan Concierge". Among these measures, it includes the explicit right to the protection of public employees subjected to situations of gender-based violence, in order to facilitate their mobility within the State Administration with special guarantees, so that the person who is obliged to leave the job at the place where he was providing his services may apply to the competent body for the transfer to a job in a different administrative unit or in another locality, granting to this transfer the consideration of forcible. For the prompt application of this measure to the civil guards found in the aforementioned situation, it is necessary to amend the Regulations on the provision of destinations for the personnel of the Civil Guard Corps, approved by Royal Decree 1250/2001, of 19 November. The effective implementation of this protective measure of civil guards who have suffered from gender-based violence to the point that it forces them to change their destiny, requires the addition of a new Article 27a, which will allow the guards to be targeted. (a) to ensure that the protection of those who are in such circumstances and to regulate all their specialties, including the protection of their privacy, is effective in this situation. This amendment must be supplemented by Article 28 (1), in order to derogating from the obligation to publish such destinations, and with that of Article 42.1 (d), in order to establish a reserve of destination for the civil guard who is the victim of violence. of gender which has passed on to the situation of voluntary leave for that condition. In its virtue, on the proposal of the Minister of the Interior, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of April 13, 2007,

D I S P O N G O:

Single item. Amendment of the Provisions of the Staff Regulations of the Staff of the Civil Guard Corps, approved by Royal Decree 1250/2001 of 19 November.

The Regulations for the Provision of the Destinations of Personnel of the Civil Guard Corps, approved by Royal Decree 125012001, of 19 November are amended as follows: One. A new Article 27a is inserted, the text of which is inserted as follows.

" Article 27a. Assignment of destinations to civilian guards victims of gender-based violence.

1. By way of derogation from the foregoing Articles, the authority which corresponds in accordance with the powers conferred on Article 20 of this Regulation shall assign a new destination to the civil guard who is the victim of gender-based violence which, in order to effective protection or their right to comprehensive social assistance is forced to abandon the one it occupies, taking into account the following circumstances: a) The new destination will be found vacant. (b) either of the provisions of the provision for seniority may be assigned, or those of free designation or of merit contest whose singular component of the specific complement is not greater than that of the position it occupies. (c) It shall be requested by the person concerned and must accompany the application for a copy of the protection order or, exceptionally and until such time as the request is made, a report by the Prosecutor's Office indicating the existence of evidence that the applicant is a victim of gender-based violence. (d) The affected must meet the requirements for the new destination. 2. The allocation of these destinations shall be compulsory. "

Two. Article 28 (1) is worded as follows:

" 1. All decisions on the allocation of the destinations and the declaration of vacant vacancies shall be published in the Official Gazette of the Civil Guard, except those assigned in accordance with Article 27a. '

Three. A new paragraph is added to point (d) of Article 42.1, the text of which is inserted as follows:

" When the transfer to the situation of voluntary leave is due to gender-based violence, the destination will be reserved for the first six months, extendable for periods of three months up to a maximum of eighteen, when actions for judicial protection as a result of the effectiveness of the victim's right of protection. "

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on April 13, 2007.

JOHN CARLOS R.

The Minister of the Interior, ALFREDO PEREZ RUBALCABA