There are several reasons for a new regulation on the organization of the General Judicial Mutual Law. Regulatory and other technical techniques.

As for the reasons for normative technique, it must begin by reminding that the mutual society has been regulated in Royal Decree Law 16/1978 of 7 June, on special social security regime of the civil servants Administration of Justice and Royal Decree 3283/1978, of 3 November, which approves the Regulation of the General Judicial Mutuality. In turn, the Royal Decree Law 16/1978 was repealed by the new recast text of the legal provisions in force on the special social security system of the Personnel to the Service of the Administration of Justice, approved by Royal Decree Legislative Regulation (EEC) No 329/88 of 23 June. The latter, in addition to expressly derogating from its sole derogating provision, Royal Decree 16/1978 and any rules of equal or lower rank, would object to the provisions of the recast text, which, in its final provision, entitles the Minister of Justice, in order to dictate the rules of application and development of the recast text, it is possible that up to now it has not been completed. The foregoing has meant that, until now, the validity of the Regulation of the Mutual Fund approved by Royal Decree 3283/1978 was maintained.

In turn, Law 53/2002 of 30 December 2002 on Fiscal, Administrative and Social Order Measures, in its sole and exclusive repeal provision, came to expressly repeal Articles 6 and 8 of the recast text 3/2000. For its part, its transitional provision fifth pointed out that " until the entry into force of the royal decree of regulation of the organs of government, administration and representation of the Judicial General Mutuality to which the provision refers The fifth of this law shall subsist the former organs with the same composition and attributions. " In this way, Law 53/2002 saved the legal vacuum that was produced once the legal regulation of the organs of government and administration of the mutuality was repealed and until the approval of a new regulation of such organs.

Well, this regulation is to put an end to the situation set out in the preceding paragraphs, since it is intended to regulate the composition and functions of the organs of government, administration and representation of the Mutual Fund. Judicial General. In this way, the transitional situation originated by Law 53/2002 is terminated and the regulatory enablement contained in its final disposal is made use of the fifth.

Exposed the regulatory technical reasons, should be referred to now for reasons of opportunity. In this respect, it should be mentioned, first of all, that a number of legislative and regulatory measures have been taken up for a period of time, which ultimately seek to modernise and make the administration of justice more effective, It is essential that the organization of the mutual society should be able to accommodate this new reality. Thus, the modification of the Organic Law 6/1985, of July 1, of the Judicial Branch, operated through the Organic Law 19/2003, of 23 December, which introduces important changes in the organization of the Judicial Office and, in general, in the Corps at the service of the Administration of Justice.

Secondly, the experience of the processes of reform of the mutualism of other special social security schemes, particularly that of civil servants of the State, should be exploited, without prejudice to the respect to the singularities presented by judicial administrative mutualism.

It is also necessary to accommodate the organization of the General Judicial Mutuality to the set of precepts that are contained in Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and the Common Administrative Procedure and Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, issued after the Regulation being replaced by the Regulation.

Finally, and perhaps this is the most important reason for changing the current structure of mutual society, the objective of modernising and speeding up the management of the service provided to the mutualists is also a powerful one. reason to dictate a new royal decree.

In its virtue, at the initiative of the Minister of Justice, on the proposal of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 20, 2006,

D I S P O N G O:

Article 1. Legal nature, purpose and membership.

The Judicial General Mutuality.

1. It is a public body with distinct public legal personality, equity and treasury, as well as management autonomy in the terms established for the autonomous bodies in Law 6/1997, of 14 April, of the Organization and Operation of the General Administration of the State.

2. It is intended to manage and to provide, in a unitary manner, for all members of the careers, bodies and scales of the Administration of Justice, for the officials in practice at the service of that Administration and for those of the Career lawyers who make up the Constitutional Court's Body of Letters, the mechanisms of coverage of the System of Judicial Mutualism established in the recast text of the legal provisions in force on the Special Regime of Social security of the staff in the service of administration of justice, approved by the Royal Decree legislative 3/2000, of 23 June.

3. It depends on the Ministry of Justice, which corresponds to its strategic direction and the evaluation and control of the results of its activity.

Article 2. Organic structure of mutuality.

The General Judicial Mutuality, for the exercise of its functions, is structured in the following organs:

(a) Participation in management control and surveillance:

1. The General Assembly.

2. The Permanent Commission.

b) Address and management:

1. The Management.

2. The Provincial Delegates.

Article 3. Composition of the General Assembly.

1. The General Assembly is the body of general supervision of the activity of the mutual society and will be constituted by two compromisaries for each of the demarcations that constitute constituencies of the Superior Courts of Justice, with the exception of of the Autonomous Community of Catalonia, the Autonomous Community of Andalusia and the Community of Castilla y León, in which the compromisaries shall be four in each and of the Community of Madrid, in which they shall be five undertakings.

2. The compromisaries will be directly elected by the mutualists and will have to be half of the judicial and fiscal careers, the bodies of the Judicial Secretaries, the Medical Physicians, the Faculty of the National Institute of Toxicology, and Forensic and Administrative and Administrative Sciences, and the other half to the bodies of Procedural And Administrative Processing, Technical Specialists of the National Institute of Toxicology and Forensic Sciences, Judicial and Assistant of the Judicial and Assistant Laboratory of the National Institute of Toxicology and Forensic Sciences. The system will be open lists with a single ballot.

3. The President of the Assembly will be appointed and removed by royal decree, agreed in the Council of Ministers, on the proposal of the Minister of Justice, on the initiative of the General Council of the Judiciary, which will present to the Minister of Justice a terna of candidates for this purpose, from among judicial or tax officials in active or equivalent situation, with a category of Magistrate or Prosecutor. The General Council of the Judiciary will hear the State Attorney General's office in advance.

The Vice-Presidency of the General Assembly, which will hold the office of the President in case of vacancy, absence or illness of the President, will be the responsibility of the Manager of the mutual society. He will act as Secretary General, with a voice but without a vote, the Secretary General of the mutual society.

4. For the sole purposes of the election of the compromisaries, the district corresponding to the territorial scope of the Superior Court of Justice of Andalusia will be divided into two electoral districts, one constituted by the provinces of Almeria, Malaga, Jaen and Granada, and the other by Cadiz, Cordoba, Huelva and Seville. The choice of the two compromisaries, one for each group, corresponding to each constituency, will be held in the provincial capitals of each district.

5. For the purposes set out in the previous paragraph, the district of Castilla y León will be divided into two electoral districts, one consisting of the provinces of León, Palencia, Salamanca, Zamora and Valladolid, and the other of Soria, Segovia, Avila and Burgos. The choice of the two compromisaries, one for each group, corresponding to each electoral district will be held in the provincial capitals of each district.

Article 4. Choice of Commitments.

1. Members of the General Assembly shall be elected by direct, personal and secret suffrage, or by post. Their term of office will last four years and will be renewed for half every two years. The renewal will conform to the same rules as for the election.

2. All mutualists, whatever their administrative situation, will be electors and eligible. Those who do not have the right to vote in the territorial constituency where they have their residence.

3. The appointment of members to the Assembly, within each of the two groups set out in paragraph 2 of the previous Article, shall be the subject of the highest number of votes and, in the event of a tie, the seat shall be attributed by lot to the shall be held at the Territorial Electoral Bureau.

Article 5. Compromisaries of the General Assembly.

1. The compromisaries constitute the General Assembly, whose sessions shall be held unless duly justified. Inattendance at half of the sessions of your command will prevent you from becoming a candidate again.

2. The compromise which cannot be justified by the sessions may be represented by another compromise. The representation will be given in writing, in which the concrete causes that support the inattendance, as well as its justification, will be expressed, will serve only for the concrete session of the General Assembly to which it cannot attend and can be revoked prior to its commencement. In any event, the personal assistance of the committee to the Assembly after having granted his representation to another committee will produce the same effects as the revocation.

Article 6. Powers of the General Assembly.

1. The General Assembly has the following powers:

a) Approve the plan of action of the Judicial Mutual General, which will be elaborated in the terms of paragraph 2 of this article.

b) Examine and approve the annual report of the Agency, drafted by the Management, in the terms of paragraph 3 of this article.

c) Report the annual preliminary draft budget, as well as the balance sheet and annual accounts.

d) Make the appointments of the elected members of the Standing Committee.

e) Be informed of the Agency's investment plans.

f) To propose, where appropriate, how many measures, plans and programmes are appropriate for the development of the mechanisms for the protection of the special social security system of staff at the service of the Administration of Justice.

g) To provide the Ministry of Justice with the considerations that it considers appropriate in relation to the evolution and situation of the benefits that the Mutuality manages and its perspectives of evolution.

(h) Propose the establishment, modification or revision of the benefits provided for in Article 12 of the recast of the laws in force on the Special Social Security System of the Personnel to the Service of the Administration of Justice, approved by the Royal Legislative Decree 3/2000 of 23 June.

i) Knowing how many matters are submitted to you by the other organs of the Mutuality.

j) Exercise the other functions that are entrusted to you by the laws or regulations.

2. The action plan will be prepared by the Management. It shall, in general, have an annual validity and shall be in accordance with the legislation in force, the powers of the mutual society and the budget approved for the financial year.

When special circumstances require, it may be modified during the course of the year or another new or new one may be adopted. The implementation of the Plan will correspond to the management of the mutual society, which will implement the alternatives and determine the means and procedures appropriate for its implementation.

3. The annual memory will be written by the Management and, once examined by the Permanent Commission, will be presented to the General Assembly within the first semester of each year. The latter shall decide on the whole of the memory, without prejudice to any motions or qualifications relating to partial aspects which it considers appropriate. The approved Annual Report and, if applicable, the motions, will be raised to the Minister of Justice and the President of the General Council of the Judiciary.

4. The preliminary draft annual budget, as well as the balance sheet and annual accounts, shall be drawn up by the Management within the framework of the General Budget Law and in accordance with the procedure laid down by the Ministry of Economic Affairs and Hacienda.

Article 7. Operation of the General Assembly.

1. The General Assembly shall hold an ordinary session once a year and any extraordinary session shall be convened by the President, heard by the Permanent Commission, or requested by a quarter, at least, by the members of the General Assembly.

2. The ordinary or extraordinary sessions shall be convened by the President at least 15 days in advance in the ordinary and 7 in the extraordinary, at least, except in cases of urgency, and the order shall be sent together with the order of the day and how many documents are needed for your study.

The agenda will be prepared by the president. The undertakings may request the inclusion on the agenda of the items they consider appropriate at least 30 days in advance, to which they shall send the documents necessary for their study. These items shall be included on the agenda unless the jurisdiction for their resolution or debate is expressly applicable to another organ of the Judicial General Mutuality.

3. Minutes of each session shall be drawn up by the Secretary, who shall be referred to all members of the General Assembly as soon as possible, and shall be submitted for approval at the following regular session.

Article 8. Assistance and agreements.

1. The arrangements for agreements shall be in accordance with the principle of a majority of assistants, with the President having a vote of quality.

2. For the valid constitution of the body, for the purposes of holding sessions, deliberations and taking of agreements, the presence of the President and the Secretary or, where appropriate, those who replace them shall be required.

3. A quorum of assistance shall be specified in the first call for half more than one of its members. A special quorum shall not be required for a second call. Between the first and the second convocation, at least one hour must be mediated.

Article 9. Composition of the Standing Committee.

1. As a delegated body of the Assembly, a Standing Committee shall exist.

2. The Standing Committee shall be composed of the following members:

a) The President, who will be the President of the General Assembly.

b) Six Councillors.

c) The Manager of Mutuality.

d) The Director General of Relations with the Administration of Justice.

e) The Technical Secretary General of the Ministry of Justice.

f) The Secretary General of the Administration of Justice.

3. All members of the Standing Committee, with the exception of those referred to in points (c) to (f) of the previous paragraph, must be a mutualist in active service or an equivalent situation.

4. As Secretary of the Permanent Commission, with a voice but without a vote, the Secretary-General of the mutual society will act.

Article 10. Ranking of the elected members of the Standing Committee.

1. The Directors of the Permanent Commission shall be elected by the General Assembly from among its committees. To this end, one of each of the following groups shall be chosen:

a) Group first:

Judicial Career.

b) Second group:

Fiscal Career.

c) Third Group:

1. The Body of Judicial Secretaries.

2. National Corps of Forensic Physicians.

3. Faculty of Faculty of the National Institute of Toxicology and Forensic Sciences.

d) Fourth Group:

Process and Administrative Management Body.

e) Fifth Group:

1. The Administrative and Procedural Processing Body.

2. Body of Specialist Technicians of the National Institute of Toxicology and Forensic Sciences.

3. Laboratory of the National Institute of Toxicology and Forensic Sciences.

f) Group sixth:

Judicial Auxiliary Body.

2. Officials not referred to in the previous relationship shall be included in the group which, by reason of the level of qualification required for entry into the relevant body or scale, is terminated.

Article 11. Appointment of the elected members of the Standing Committee.

1. Members shall be elected by the General Assembly by a majority of votes. The term of office shall be four years, being renewed for half every two years, in such a way as to maintain the proportionality between the first, second and third groups on the one hand and the fourth, fifth and sixth groups on the other.

2. The election shall be made in the General Assembly by means of personal, direct and secret voting, among those included in the lists that are in the election for each of the positions of Counselor. The Directors of the first, second and third groups shall be appointed by the compromisaries belonging to the related bodies in those groups. The members of the fourth, fifth and sixth groups shall be appointed by the compromisaries belonging to the related bodies in those groups. Each member of the General Assembly shall vote one of the candidates for each group and shall be proclaimed the highest number of votes.

3. They may submit lists of candidates:

(a) The associations of Judges, Prosecutors, Judicial Secretaries and other staff serving the Administration of Justice and Trade Unions with national representation in the Administration of Justice.

(b) The mutualists of each group, in numbers not less than twenty.

(c) The commitments of the General Assembly in number not less than five.

4. The members of the Standing Committee shall attend the meetings of the General Assembly, being able to speak in their debates when they are required to do so or discuss matters of their competence.

5. The Standing Committee shall meet at least once a quarter and, in any event, prior to the meetings held by the General Assembly.

Article 12. Powers and arrangements for agreements of the Standing Committee.

1. The Standing Committee shall perform the following tasks:

a) To be in compliance with the rules, as well as to propose how many measures it deems necessary for the best fulfillment of the purposes of mutual society.

b) Fulfill and enforce the agreements and guidelines you receive from the General Assembly on matters that fall within the competence of the General Assembly.

(c) Examine the annual report of the Agency, the preliminary draft annual budget and the balance sheet and annual accounts for the previous financial year.

d) Report on all matters submitted to you by the Management, as well as those of the General Assembly.

e) Report projects of general provisions establishing or modifying benefits.

f) Be informed about the granting of non-regulated or non-standard benefits, as well as for the distribution of other discretionary aid and the social assistance fund.

2. The agreements shall be adopted by a majority of the members present, with the President voting for the vote.

Article 13. Duties of the President of the General Assembly and the Standing Committee.

1. The President of the General Assembly shall be the Chairman of the Standing Committee.

2. The President is responsible for the following tasks:

a) Call and chair the General Assembly and the Standing Committee, directing their deliberations.

(b) To issue, to the various authorities and bodies, the agreements and requests of the General Assembly or the Permanent Commission in use of their powers.

c) Represent the mutuality in the acts and contracts in which the Manager of the General Judicial Mutuality singularly delegate.

d) How many other functions and functions are trusted by laws or regulations.

3. The supplancy of the President of the General Assembly and the Permanent Commission of the Judicial General Mutuality, in the cases of vacancy, absence and illness, corresponds to the Manager of the mutual society.

Article 14. Management.

1. The Management of the Judicial General Mutual is the management and management body of the mutual society.

2. The General Judicial Mutual Manager will have a rank of deputy director general and will be appointed and separated from his position in accordance with Law 6/1997 of 14 April, Organization and Functioning of the General Administration of the State.

3. The General Judicial Mutual Manager holds the legal representation of the body, as well as the powers of management, management and inspection of its activities for the fulfillment of its purposes. In particular, it corresponds to:

(a) The management of the technical services of the General Judicial Mutuality, approving the rules on operation and internal regime of the same.

b) The effective implementation of the benefits scheme provided for in Article 12 of the recast of the existing legal provisions on the special scheme for the social security of staff at the service of the administration The Court of Justice, adopted by Royal Decree-Law 3/2000 of 23 June, giving the General Assembly an account and drawing up, for that purpose, the internal rules relating to the special social security scheme which are advisable and in particular the on the supply of health care.

c) Dispose expenses and order mutual payments, as well as manage their financial resources.

d) Develop the preliminary draft annual revenue and expenditure budget of the mutual fund, the annual activity report and the balance of accounts and results, within the framework of Law 47/2003, of 26 November, General Budget and in accordance with the procedure laid down by the Ministry of Economy and Finance.

e) Recognize the status of mutualist and beneficiary of the General Judicial Mutuality, as well as benefits and other aid to the mutualists and beneficiaries.

(f) Represent the mutuality in all acts and contracts, as well as before the authorities, courts, tribunals, bodies, entities and natural and legal persons, except in the cases provided for in Article 12.2 (c) of this Royal Decree.

g) To conclude contracts, as well as collaboration agreements, including concerts for the provision of health care, with public and private entities whose activity is accurate for the best performance of the the mutuality, in accordance with the legislation in force.

h) Manage and manage the assets and property rights of the mutual society.

(i) Enajenar, in accordance with the provisions of Law 33/2003 of 3 November of the Patrimony of Public Administrations, those elements of the mutual patrimony that cease to be useful for the fulfilment of its purpose, for which the Standing Committee shall be heard, the report of which shall be binding both for the disposal and for the determination of the lack of utility.

j) Name the Provincial Delegates.

(k) To instruct the sanctioning and beneficiaries of the penalties in accordance with the prescribed sanctioning regime.

l) To exercise any other management or management competence entrusted to it by the rules in force, and those other than those expressly attributed to the General Assembly or the Standing Committee.

4. The Management of the Judicial Mutual General shall have a General Secretariat and with the remaining units deemed necessary, with the organic level to be determined in the corresponding relation of jobs.

Article 15. Replacements.

The supply of the Manager, in the cases of vacancy, absence and illness, shall be the responsibility of the Secretary General and the owners of the departments to be established in the corresponding relation of posts of job.

Article 16. Provincial delegate.

1. In each of the provinces there will be a Delegate who will act with executive missions, by delegation of the Manager of the mutual, in the form and with the scope that determine the internal norms of the mutual and as a liaison agency with the central services.

2. The position of Delegate shall be performed by a mutual member, appointed by the Manager, on a proposal from the compromisaries of the territorial division to which the province belongs.

3. The office of the provincial delegate may not be placed on a General Assembly Commitments or a Counselor of the Standing Committee.

Additional disposition first. Resource regime.

1. Judgments given in the field of mutual judicial mutual recognition by the competent body of the General Judicial Mutuality shall not end the administrative procedure, and shall be subject to appeal before the Minister of Justice.

2. They shall be exempt from the provisions of the preceding paragraph and shall, in any event, put an end to the administrative procedure, the decisions referred to in Article 109,a) and b) of Law No 30/1992 of 26 November 1992 on the legal system of administrations. Public and of the Common Administrative Procedure, and those given in matters of staff by the Manager of the mutual benefit, without prejudice to the fact that they may be appealed for in replacement to the same organ as they have given them or to be directly challenged in the light of the administrative and administrative order in accordance with the provisions of Law 30/1992, 26 In November, and in Law 29/1998, of July 13, the regulator of the judicial-administrative jurisdiction.

Additional provision second. General regime of the collegiate bodies.

As expressly stated in this royal decree, the performance and functioning of the collegiate bodies shall be governed by the rules contained in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

Additional provision third. Compensation for service reason.

1. The charges of Compromisario of the General Assembly, of the President of the Assembly, of elective Counselor of the Permanent Commission and of Provincial Delegate will be free and their exercise will not involve the relief of their functions.

2. The expenses incurred by the performance of these duties shall be satisfied in accordance with the provisions of the current rules on compensation for service reasons.

Additional provision fourth. Scales to extinguish.

The officials integrated in the scales to extinguish the respective bodies in the service of the Administration of Justice will maintain their regime of administrative mutualism and, in what is applicable, the regime of this real decree, assuming its representation, if any, by the quotas corresponding to the newly created bodies.

Additional provision fifth. Cash scheme.

The income and payments to be made by the General Judicial Mutuality will be channeled through the accounts opened in the Banco de España, in accordance with the provisions of Law 13/1994, of 1 June, of Autonomy of the Banco de España, and in other credit institutions with which the Mutuality, for reasons of agility in management and economic efficiency, considers it necessary to contract the service delivery. Of these contracts, which shall be carried out by negotiated procedure with a minimum of three tenders, and without the need to require the provision of a final guarantee, as well as the opening of the resulting accounts, the Directorate-General shall be given a Treasury General and Financial Policy.

First transient disposition. Units and jobs with rank lower than general sub-direction.

Current units and jobs with a lower organic level than a general sub-directorate will continue to remain and will be paid from the same budgets until the corresponding positions are approved. work of the mutuality adapted to the forecasts of this royal decree.

Second transient disposition. Renewal of organs.

1. The current Commitments of the General Assembly and the Directors of the Governing Board will remain in office, exercising the functions indicated in this royal decree. When the period for which they were appointed ends, they will be replaced according to the rules set out in this royal decree.

2. The current President of the mutual society will remain in his position, exercising the functions mentioned in Articles 7, 13.2 and 14.3 of this royal decree. Once the manager of the mutual fund is appointed, he shall cease to perform the duties referred to in Article 14.3 and shall continue to carry out the duties referred to in Articles 7 and 13.2. He shall cease to be in office once the procedure provided for in Article 3.3 is carried out.

Single repeal provision. Regulatory repeal.

1. The following provisions are repealed:

(a) Chapter I of the Regulation of the General Mutual Mutual Fund approved by Royal Decree 3283/1978 of 3 November 1978.

(b) Royal Decree 2703/1981 of 19 October, for which the General Judicial Mutual Mutual Fund is organically structured.

(c) Article 2 of Royal Decree 1810/1994 of 5 August 1994 adapting the procedures of Judicial Mutualism and the Special General Judicial Fund to Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

2. Likewise, the provisions of equal or lower rank are repealed in what they oppose to this royal decree.

Final disposition first. Powers of development.

The Minister of Justice is hereby authorized to take the necessary measures for the development and execution of this royal decree, after the appropriate legal formalities have been completed.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out the precise budgetary modifications to the fulfillment of what is foreseen in this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, 20 October 2006.

JOHN CARLOS R.

The Minister of Public Administration,

JORDI SEVILLA SEGURA