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Order Eha/2411/2005, Of 20Th July, Which Establish The Regulatory Bases And Summon Scholarships To Participants By The System Of Internal Promotion In The Selective Processes Of Bodies Attached To The Ministry Of Economy And Has...

Original Language Title: ORDEN EHA/2411/2005, de 20 de julio, por la que se establecen las bases reguladoras y se convocan becas destinadas a los participantes por el sistema de promoción interna en los procesos selectivos de Cuerpos adscritos al Ministerio de Economía y Ha...

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Article 4 of Royal Decree 121/2005 of 4 February approving the offer of public employment for the year 2005, referring to the general criteria applicable to the selective processes derived from it, establishes in (e) the possibility of implementing, within the available budget, measures of an economic nature such as aid or grants or other types of measures which could facilitate the implementation of the preparatory period, from the beginning of merit and economic capacity, and encourage both access to public function and promotion internal ". The Ministry of Economy and Finance is aware of the importance of promoting access through internal promotion to the Corps attached to the Department as well as to the State Tax Administration Agency, for what it sees fit, according to the forecast contained in article 4.e) of Royal Decree 121/2005, of February 4, to articulate a system of scholarships that facilitates the preparation of the selective tests for the access to the previously mentioned Bodies. We have opted for the joint publication of the regulatory bases and the convocation itself because of the novel nature of this program of scholarships and the urgency, given the subordination of the deadlines to the timetable of the selective processes themselves. In accordance with the above, and pursuant to Article 17 of Law 38/2003 of 17 November, General Grant, I have:

First. Regulatory bases. -The regulatory bases of the grants of the Ministry of Economy and Finance for the preparation of the selective tests for the access, by the internal promotion system, to the Corps and Escalas attached to that Department and the State Administration of Tax Administration contained in Annex I to this Order.

Second. Call for competition 204 grants to encourage participation and to facilitate the preparation of the selective access tests for the bodies and scales indicated in the previous point and derivatives of the Royal Decree 121/2005 of 4 February approving the offer of public employment for the year 2005, as set out in Annex II to this Order. Third. Applicable Conditions. -In all the provisions of this Order, the provisions of Law 38/2003 of 17 November, General of Grants, and in addition to Law 30/1992, of 26 November, of the Legal Regime of the Administrations, will be in force. Public and the Common Administrative Procedure and any rule of administrative law which by its very nature could be applicable to it.

Fourth. Entry into force. This Ministerial Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 20 July 2005.

SOLBES MIRA

ANNEX I Regulatory grants for grants from the Ministry of Economy and Finance for the preparation of selective access tests, by the internal promotion system, to the Corps attached to that Department and the State Tax Administration Agency

First. The grants are intended to encourage participation and facilitate the preparation of the selective access tests, by the internal promotion system, to the Corps and Escalas attached to the Ministry of Economy and Finance and to the State Tax Administration Agency. Second. Number and size of grants.

1. For each selective process, a number of scholarships shall be awarded not exceeding the number of places offered for each call.

2. The amount of the grant shall be equal to the sum of 100% of the basic remuneration and of the 80% of the specific and destination allowances which the beneficiary ceases to receive during the period of entitlement to the licence or licence agreement. with the rules laid down in paragraph 1 (b) of the Third Base. 3. The financial allocations for the grants shall be allocated to budgetary implementation 15.01.923M.480 of the general budget of the State, having a multiannual nature and the maximum amount of the estimated cost of EUR 722,124 for the financial year Budget 2005 and EUR 143,520 for the financial year 2006.

Third. Requirements of the applicants.

1. In addition to complying with the requirements of the calls for each of the selected selective processes, the applicants must meet the following requirements: (a) have passed the first qualifying exercise which they are obliged to: perform.

b) Having granted one or more licenses for their own affairs as provided for in Article 73 of the Articulated Text of the Law of Civil Servants of the State, approved by Decree 315/1964 of 7 February. In any event, in order to qualify for the grant of the grant, the licence or licences granted shall be required to add up to a period of at least 15 days.

Once the recipients of the grants are determined in accordance with the assessment criteria laid down in the Sixth Base, paragraph 3, the following rules shall apply for determining the periods of licences for cases own which, in accordance with the second paragraph of Article 2, shall be considered for calculating the amount of the grant:

Only the periods of the licence or licences actually enjoyed shall be considered to be no longer than three months.

The license may be enjoyed for the preparation of any of the exercises of the selective process to be performed by the successful tenderer, so it may refer to periods prior to the start of the period of time submission of applications or periods after that date and not yet enjoyed. Licences shall not be considered to have been granted prior to the publication of the offer of public employment for each year, nor those enjoyed after the last financial year or of the year of the elimination of the offer. the successful tenderer of that process. At the time of submission of the applications for a grant, the accreditation of the enjoyment of the licence period or licences enjoyed until the start of the time limit for the submission of the grant shall be accompanied, in the form provided for in the sixth paragraph of Article 6 (1). applications and the authorisation of the licence period or licences the enjoyment of which is to be later than that date. In the latter case, the beneficiary may prove the enjoyment of another licence for a period other than that which served as the basis for the grant of the grant, provided that the grant of the new licence is granted for at least the same period. to the former.

2. In the application for a grant, applicants shall make a statement responsible for complying with the requirements to obtain the status of a beneficiary are laid down in this base and in Article 13 of Law 38/2003 of 17 November, General Grants.

3. The submission of the application for the grant shall involve the consent of the person concerned to the Ministry of Economic Affairs and Finance, in order to verify compliance with the requirement laid down in Article 13 (2) (e) of Law 38/2003, 17 of November, General of Grants, through the corresponding Tax Administrations.

Fourth. Conditions and incompatibilities.

1. The award of grants governed by this Order shall be incompatible with any other aid granted by any national or international public or private authorities or entities which may be perceived by the participation in the same selective process.

2. Applicants who participate in various selective processes of those indicated in this Order will only be able to apply for a scholarship.

Fifth. Monitoring and control.

1. Applicants for scholarships shall be obliged to: (a) Submit to the necessary checks to verify, where appropriate, compliance with the conditions or requirements laid down for the grant of the grant.

b) Communicate to the convening body of the Ministry of Economic and Financial Affairs the procurement of grants or aid for the same selective process, from any national or private national or public authorities or international.

If the existence of distortion or inaccuracy in the data provided is assessed in relation to the requirements necessary for the grant of the grant, or the circumstances which would have determined its refusal to be refused or the existence of incompatibility with other benefits of a similar nature, the grant of the requested grant or the amendment of the decision to grant it or the repayment of the grant shall be reviewed in accordance with the procedure laid down in the Title II of Law 38/2003 of 17 November, General of Grants, without prejudice to other responsibilities in which it may be incurred. Sixth. Procedure for the award of grants.

1. Submission of applications. Interested parties must submit their application in the model listed in Annex III to this Order (available at http://www.minhac.es and http://www.agenciatributaria.es) within 15 working days from the day following that of the publication on the website of the Ministry or the State Agency of the Tax Administration of the ratings of the exercises referred to in the Third Base.

Applications will be filed in the General Register of the Ministry of Economy and Finance (C/ Alcala, 9, Madrid) or in any of the records and offices provided for in Article 38.4 of Law 30/1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure. Next to the application, applicants must present the following documentation:

In the case of licenses already enjoyed until the date of commencement of the deadline for the submission of applications, certificate of the competent unit of the Department, Agency or Entity in which it carries out its services in which it is accredited the licence period actually enjoyed by the applicant up to the date of the start of the deadline for the submission of applications.

In the case of licenses granted and pending to be enjoyed, the resolution granting the license or licenses for own matters provided for in Article 73 of the Articulated Text of the Law of Civil Servants will be provided. of the State, approved by Decree 315/1964 of 7 February.

Those applicants who are not destined for the Ministry of Economy and Finance must also present the following documentation:

Certificate of the competent unit of the Department, Agency or Entity in which it carries out its services in which it consists of its basic remuneration and specific and destination allowances.

Where the application or documents submitted do not meet the required requirements, the person concerned shall be required to do so within 10 working days of the day following the day on which the application or the documents submitted (a) notification, failure to provide or accompany the required documents, indicating that if they do not do so, they shall be given a withdrawal of their request. 2. Organ of instruction and selection.

The sorting of the procedure will be the selection organ. For the instruction of the procedure provided for in these bases, the selection body shall be supported by the Subdirectorate-General for Human Resources.

The selection organ will consist of:

President: The Deputy Director General of Human Resources of the Ministry of Economy and Finance.

Vice President: An official of the State Tax Administration Agency with the rank of Deputy Director General. Vowels: An official of the Subdirectorate General of Human Resources of the Ministry of Economy and Finance and an official of the State Administration of Tax Administration. Secretary: An official of the Subdirectorate General of Human Resources of the Ministry of Economy and Finance.

The Vice President, the Vowels and the Secretary of the Selection Commission shall be appointed by the holder of the Secretariat for Economic Affairs and Finance, on a proposal from the Director General of the State Administration Agency Tax, in the case of members from the State Tax Administration Agency.

The selection body shall evaluate the applications submitted and shall, in accordance with the assessment criteria set out in the following paragraph, draw up the draft resolution to be submitted to the competent body for approval.

3. Assessment criteria.

The concession procedure will be in competitive competition for each selective process.

For the award of the grants, a comparison of the submitted applications will be made, establishing a ranking among those that meet the requirements established in these bases according to the qualification of the (a) the financial year referred to in paragraph 1 (a) of the third subparagraph If, in a selective process, the first exercise of a qualifying nature to be carried out by applicants for internal promotion is different according to their Body or Scale of provenance, the ranking of applicants shall be carried out by the next way:

If all reference exercises have numerical ratings, an equivalence shall be established between them in such a way that they can be compared in homogeneous terms.

If any of the reference exercises are not classified as numerical, but as fit or unfit, the criterion of seniority in the General Administration of the recognized State shall be applied in accordance with the provisions of the Law 70/1978, of December 26, of recognition of previous services in the Public Administration.

Scholarships will be awarded to applicants who, according to the above criteria, score the highest score, with the limit of the number of scholarships called.

The draws will be resolved by applying the highest-seniority criterion in the General Administration of the recognized State in accordance with the provisions of Law 70/1978 of December 26, of recognition of previous services in the Public Administration.

4. Resolution.

By delegation of the Minister, the Undersecretary of Economy and Finance will decide to grant the scholarships for each selective process within three months from the end of the deadline for submitting applications for each selective process.

In the case that in a selective process the first exercise of a eliminatory character to be carried out by the aspirants of internal promotion is different according to its Body or Scale of provenance, the term of resolution reference to the end of the time limit for the submission of applications by applicants whose first exercise of a non-binding nature is subsequently carried out. The decision granting the grants shall be notified to the beneficiaries and to the applicants for whom the application is rejected, as provided for in Article 58 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, and after a period of 10 working days from the date following that in which such notification takes place without the beneficiary making express and written waiver of the The concession shall be deemed to have been accepted. After this period, the grant shall be paid for the amount of the periods of leave or licences the enjoyment of which has been credited, as well as those for the period of leave or licences granted for which the enjoyment is later than for the submission of the application for a grant, in accordance with the rules laid down in point (b) of the third subparagraph of Article 3 (1). In respect of periods of licences granted after the date of submission of the application for a grant, the beneficiary shall submit within 10 working days from the date of the completion of the tests. selective, a certificate of the competent unit of the Department, Agency or Entity in which it carries out its services in which the period of the license actually enjoyed is credited, which may not coincide with the one initially granted, which is prior to the last financial year and the beneficiary present new resolution (i) granting him leave on his own affairs which, at least, shall have the same duration as the one which served as the basis for the grant of the grant. If the duration is higher, this will not create any right to the increase in the amount of the grant. In the event that this end is not credited or the requirements laid down in point (b) of the third subparagraph of Article 3 (1) are not satisfied, the amounts unduly paid shall be recovered. The decision of the Deputy Secretary for Economic Affairs and Finance shall put an end to the administrative procedure and may be brought before the Court of Appeal, an action for reimposition within one month from the date of notification or appeal. -Administrative dispute before the Central Court of the relevant administrative jurisdiction within two months from the date of the same date.

ANNEX II Convocation of scholarships to participants for internal promotion in the selective processes of the Corps and Escalations attached to the Ministry of Economy and Finance and the State Administration Agency Tax arising from Royal Decree 121/2005 of 4 February, approving the offer of public employment for the year 2005

First. Purpose and purpose.-204 scholarships are convened under competitive competition with the aim of encouraging participation and facilitating the preparation of the selective access tests for the Corps and Scales attached to the Ministry of Economy and Hacienda and the State Administration of Tax Administration, by the internal promotion system. Second. Number and amount of scholarships. The distribution of scholarships by Corps and Scales is as follows:

attached to the Ministry of Economy and Finance

Group

The_table_table_izq"> Top Controller and State Auditor Body.

2

3

3

3

3

3.

2

Technicians ' Top and State Economists.

2

State Statistics Corps.

2

B

Audit and Accounting Technical Corps.

10

Catastral Management Technical Body

3

Totals...............................

30

Bodies attached to the State Tax Administration Agency

Group

Body

Scholarships

A

Top Body of State Finance Inspectors.

75

75

3

Computing, Admon Specialty. Tax.

4

C

Gral Body. Administration of the State Administration, Specialty Agents of Public Finance.

70

of Computer Auxiliary Technicians Admon. Tax Specialty.

5

Totals..............................................

174

The amounts of the grants and the budgetary implementation to which they are charged will be those provided for in the Second Base of Annex I of this Order.

Third. -With respect to the requirements of the applicants, criteria for assessment, conditions and incompatibilities by the beneficiaries, monitoring and control of the process, as well as the development of the concession procedure the grants, assessment criteria, instruction and selection board, resolution and relevant resources shall be as set out in Annex I to the regulatory bases of this Order.

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