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.

EXPLANATORY STATEMENT

I

The State Pact for the Reform of Justice signed by the main political parties of our country on May 28, 2001, sets among its objectives that " Justice will act quickly, effectively, and quality, with more modern methods and less complicated procedures. It will satisfactorily fulfil its constitutional role of ensuring in reasonable time the rights of citizens and of providing legal certainty by acting with predictable patterns of behaviour and decision. It acts as an independent, unitary and integrated power, with a vertebrate structure, governed by an institutional coherence that allows it to more effectively develop its constitutional functions. " In order to achieve these ambitious objectives, it is necessary to address a profound reform of the Organic Law of the Judiciary, a regulatory norm for the fundamental aspects of the judiciary and the administration of justice itself.

In this sense, important modifications are addressed in the first three books of the law, some of them already provided for in the State Pact itself and others necessary to adjust with the new regulation of the V and VI books that are configured as one of the main axes of this reform, and others of greater importance referred to the book IV, concerning the judicial career, which seek to fulfill the provisions of the pact.

For this same reason certain precepts are repealed, either for reasons of systematic taking their contents to a different book, or for incompatibility with the new regulation. In this way, Title IV of book III "Of the public faith and of the documentation" is completely repealed, with articles 279 to 291 without content.

The current V book becomes book VII, while the V is redrafted, keeping book VI.

The judicial office, for the first time its organizational structure, and the Statute of the Body of Judicial Secretaries and the rest of the staff in the service of this Administration, are being reformed in depth and in an especially new way.

II

In book I, the generalization of the second criminal instance stands out, strengthening the Chambers of the Criminal of the Superior Courts of Justice in which the second criminal instance is located in respect of the resolutions handed down by the Provincial Hearings in the first instance, as well as the creation of a Chamber of Appeal in the National Court. In addition to the expected reduction in the workload of the Second Chamber of the Supreme Court, the aim is to resolve the controversy arising as a result of the resolution of 20 July 2000 of the UN Human Rights Committee, which maintained that the current Spanish system of appeal violated the International Covenant on Civil and Political Rights.

Certain novelties are introduced in the Provincial Hearings regime in order to achieve greater specialization and operability. On the one hand, it is anticipated that the existence of sections specialised in the knowledge of certain subjects will attract all of these, irrespective of the existence of other territorially competent displaced sections. On the other hand, the functional, and not organic, character is established as up to now, from the membership of the magistrates to the different sections, equating in its functioning to that collegiate body with the current Supreme Courts of Justice.

Moreover, the terminology of certain precepts is in line with the provisions of the V and VI books.

III

In book II, the temporary limitation of 10 years is introduced for the lawyers of the General Council of the Judicial Branch, most of them recruited from among the members of the Judicial Race, to avoid a temporary removal of these from the judicial tasks, in addition to avoiding the ankylosing of a bureaucratic apparatus to which periodic renewals are involved.

However, the main novelty lies in the role that the Secretary of Government is going through, attended to the important competences that he assumes in the organizational model that is established, in the Chamber of Government when matters are raised that affect judicial offices or judicial secretaries of the territorial scope of the Superior Court of Justice.

On the other hand, the regulatory powers of the General Council of the Judicial Branch are responsible for establishing systems for the rationalization, organization and measurement of the work of the judicial bodies.

IV

In book III, the wording of certain precepts to the new organisational arrangements provided for in books V and VI is accommodated, although a number of new developments are also introduced.

In the fifth point of the State Pact, it is emphasized that the coverage of all the places that are necessary and according to a realistic timetable for the progressive expansion of the plant, must be done with professional judges who perform their functions under the principles of independence, impartiality, professionalism and responsibility, proceeding to the reduction of the exceptional figures of substitutes and substitutes. To this end, a new regulation of the substitutions between judges is given, taking precedence over the one that occurs between the right-hand judges, and only when there are exceptional circumstances to replace them with non-professional judges.

In the same order of things and for a better guarantee of the independence and impartiality of judges and magistrates, a new wording is given to the chapter dedicated to abstention and recusal, thus completing the system designed by the recent Law 1/2000, of January 7, of Civil Procedure, the text of which also compels the due adaptations of the regime of nullity of actions and of clarification or correction of resolutions.

On the other hand, in the interests of a more transparent Justice and the line marked in the Charter of Citizens ' Rights to Justice, the duty of information and adequate attention to the users of Justice is collected.

Finally, the title IV of this book is completely repealed, since the subjects contained therein are the subject of a new regulation that is integrated in the book V.

V

In relation to book IV, the determined commitment to the professionalism of judges and magistrates gathered in the State Pact, to which we have already referred, makes it essential to modify the system of entry into the Judicial Race, as well as the extension to new assumptions of the principles of merit, training and specialization for the award of the different destinations, thus overcoming the exclusive criterion of seniority. In this sense, the opposition is maintained as a general system for the entry into the Judicial Race by the category of judge, because it is this system that best guarantees objective and rigorous selection. For the entry by the category of magistrate, it is considered necessary to establish a new system of merit and complement the formation of those who enter through this route with a training course that guarantees the correct performance of the judicial tasks that will be of their own from that moment.

In the same vein, it seems appropriate to require two years of seniority in the Judicial Race for all those who intend to have access to specialist tests, in order to have a minimum of experience with prior access to posts reserved for them.

In the resolution of competitions for access to collegiate bodies, it is strongly committed to specialization, laying the foundations for the value of specific knowledge, prior experience in the relevant court order, even if such criteria are combined with that of seniority.

Changes are made to the regime of administrative situations, which have been demanded by the experience of the last few years, and it is worth highlighting those relating to the magistrates of the Supreme Court, with a more rigorous statute, which is justified by the specialty and transcendence of its work. In this same order of things, the rules of the common regime relating to the reconciliation of family life with professional activity are incorporated into the Statute of Judges and Magistrates.

In order to eliminate the fraudulent practice extended during the last few years of setting aside a judge or magistrate of the knowledge of a given case by means of the previous filing of complaint which is then without any foundation, it is anticipated that the instructor body, in order to test the facts minimally, can practice proceedings with character prior to its admission so that it can determine its own competence, as well as the criminal relevance of the facts that are imputed or the verisimilitude of the imputation. It has also been assessed that this practice, which has been revealed by the Supreme Court itself and the High Courts of Justice in numerous resolutions, is an attempt to undermine the constitutional right of the ordinary judge by the law.

VI

The V book now regulates the Judicial Office and the most relevant statutory, functional and organic aspects of the Body of Judicial Secretaries.

The reorganization of the judicial office is a task of unquestionable complexity, due, among other reasons, to the fact that in this reality there is a cluster of peculiarities that the singularizan in front of any other management organ. First, the evolution of the forms of work performed in the judicial offices requires new structures with a greater and better organizational design, not only because of the progressive incorporation of new technologies in this field, but fundamentally to obtain quality care for the citizens. Second, the judicial offices cannot be outside the reality of the autonomous state, especially when there has been an intense process of transfers in this area that requires a detailed delimitation of the competences of the administrations involved in the provision of personal and material resources to the service of the judicial branch. Finally, the confluence in the judicial office of several areas of decision that fall on a single reality has proven to be a source of conflicts without the norms that are now being replaced to establish timely mechanisms of collaboration, coordination and guarantee that will ensure the functional and organic autonomy of each other.

The new model of the Judicial Office starts with the clear purpose of ensuring that its functioning guarantees the independence of the power to which it serves, combining time and without any of the above, an adequate rationalization of the means that it uses. In order to harmonise these objectives, at the sole organizational level, the judicial office is defined as the organization of an instrumental character, which exclusively supports and supports the judicial activity. For its singularity the necessary reserve of function of luck is expressly stated that only the officials of the bodies in the service of the Administration of Justice will be able to carry out the jobs of which it is endowed.

In its design, it has opted for a flexible system that allows each Judicial Office to adapt to any type of needs of the Administration of Justice, being the differentiating criterion that allows to singularize it from other administrative organizations that its activity is governed mainly by procedural norms, having to comply with how many resolutions dictate judges and magistrates in the exercise of the functions that are their own. With these characteristics, the Judicial Office-as a gender-comprises-as species-both the direct support procedural units and the common procedural services. The former will take the procedural and the proceedings of all those matters whose knowledge they have legally assigned judges and courts, assisting them by carrying out the necessary actions for the effective implementation of the judicial function. The common procedural services are the subject of special regulation, filling the legal vacuum so far, promoting their development and specialization, and establishing a system that guarantees a better government especially in those cases where, due to its complexity or size, the existence of intermediate controls is essential.

It is therefore, above all, intended to rationalize and update personal and material means for a better and faster Administration of Justice.

VII

The figure of the Judicial Secretary, also regulated in the book V, becomes one of the keys to the current reform. Not only are their functions more precisely defined, but they are attributed to others, thus enhancing their professional capacities. It also assumes responsibility for coordination with public administrations with powers in the field of justice.

As far as the public faith is concerned, the judicial secretary, within the administration of justice, exerts this function with exclusivity, which is redefined in order to limit it to the truly transcendent, compatible with the use of new technologies.

As superior technicians of the Administration of Justice, it will be the Judicial Secretaries who will lead in the technical-procedural aspect to the staff member of the Judicial Office, ordering their activity and imparting the orders and instructions that it deems pertinent.

Finally, the new organic configuration of the Secretariat should be highlighted in order to ensure greater efficiency in the delivery of services. To this end, a new definition is given to the Secretary of Government of the Supreme Courts of Justice and the figure of the Provincial Coordinating Secretary is created, both with important competences in relation to the Judicial Secretaries of them dependents.

VIII

Book VI basically regulates the legal status of the Corps of Officials at the service of the Administration of Justice. The State Pact for Justice of 28 May 2001 implies bringing to term a legislative reform that, not only does not design a new model of the Judicial Office in the terms that this agreement reflected, but also that it develops an updated statute of the staff in the service of the Administration of Justice, adequate to this new structure, capable of responding to the particular demands that implies the performance of its work in the service of a power of the State.

This new Statute has sought to detail the functions of the staff at the service of the Administration of Justice, offering new solutions to different mismatches of the current system, in which, on a few occasions, some do the work of others.

At present, staff at the service of the Administration of Justice suffer from anachronistic situations. On a few occasions it has effective recognition of personal effort, as well as being in force rigid formulas that seriously hinder the adoption of agile solutions to certain situations; defects that have been taken into account in order to seek solutions that introduce greater rationality in the system.

In this sense, the book VI gives new definition to the Corps at the service of the Administration of Justice, with the assignment to all of them of new functions more in accordance with the new reality of the judicial Office that is designed, according to what had been foreseen by the State Pact itself.

IX

The proposed legislation enjoys a considerable extent and detail, without prejudice to the possible regulatory developments that are also foreseen. This is due to the conviction that the commitments that have emerged from a pact signed by the country's main political forces require a higher-ranking standard that guarantees their stability and permanence, apart from laying solid and secure bases that allow the normal and peaceful execution by the autonomous communities of all those powers that have been or will be transferred.

The text maintains the national character of the Corps in the service of the Administration of Justice and the exclusivity of its functions, thus guaranteeing the specialty that our Constitution reserves in its article 122.

In any case, the reform that is being carried out was essential; on the one hand, it was necessary to delimit the competencies of the official staff of all the actors involved, since the process of transferring the management to the autonomous communities is going to be fully realized in the very near future; on the other hand, the Administration of Justice required much more modern and effective personnel management instruments to overcome, among others, the old system of templates.

The opposition system for income is maintained, with a general character, allowing for new opposition that can favor consolidation processes in this administration and that up to this point did not have legal coverage.

The professional career is extended, which is structured in a double sense: On the one hand, the percentage of places that are offered for internal promotion is increased, and on the other hand, the existence within the same body of positions with different levels of responsibility will allow the officials to see their position within the organization improved.

To the extent that the specialty of the Corps at the service of the Administration of Justice permits, the administrative situations, permits, licenses, rights and duties and disciplinary regime, it is equated with the existing ones in the General Administration of the State, maintaining, however, a regime of incompatibilities stricter, fruit of the specialty before resented.

The new remuneration regime that is established, maintaining the regulated remuneration concepts for the Judicial and Fiscal Career, is intended to be simpler in its configuration, introducing complements linked to the job and the responsibility of the job, allowing, in the same way, variable complements according to the objectives.

Finally, the introduction of the relations of jobs in the Administration of Justice, is configured as an instrument of the ordination of the labor activity, giving in the confection of the same a predominant role to the competent Administration in matter of management of personnel.

Single item. Amendments to the Organic Law of the Judiciary.

The Organic Law 6/1985, of July 1, of the Judiciary, is amended in the following terms:

One. Article 9 (4) is amended as follows:

" 4. Those of the administrative-administrative order will know of the pretensions that are deducted in relation to the performance of the public administrations subject to the administrative law, with the general provisions of lower rank than the law and with the actual legislative decrees in the terms provided for in article 82.6 of the Constitution, in accordance with what is established by the law of that jurisdiction. They will also be aware of the resources against the inactivity of the Administration and against their material actions that constitute an avenue of fact.

They will also be aware of the claims that are made in relation to the responsibility of the public authorities and the personnel to their service, whatever the nature of the activity or the type of relationship that is derived. If the production of the damage has been attended by private individuals, the applicant shall also deduct from them his claim in respect of that court order. They shall also be aware of liability claims when the data subject directly shares the Administration's insurer, together with the respective Administration.

This jurisdictional order shall also be competent if the claims of patrimonial liability are also directed against the public or private persons or entities indirectly responsible for those claims. "

Two. Article 29 is amended, which will have the following wording:

" Article 29.

1. The plant of the courts and tribunals will be established by law. It will be reviewed, at least every five years, before the General Council of the Judicial Branch reports, in order to adapt it to the new needs.

2. The review of the plant of the courts and tribunals may be urged by the autonomous communities with jurisdiction in matters of Justice to adapt it to the needs of its territorial scope. "

Three. Article 37 is amended as follows:

" Article 37.

1. It is up to the Ministry of Justice or the competent body of the autonomous community with powers in the field of justice to provide the courts and tribunals with the necessary means for the development of their function independently and effectively.

2. To this end, the General Council of the Judiciary shall forward annually to the Ministry of Justice or to the competent body of the autonomous community with powers in the field of justice a circumstantial relationship of the needs it considers to be existing. "

Four. Article 56 (4) is deleted.

Five. Article 63 becomes the following content:

" Article 63.

1. The National Court will be composed of its President, the Presidents of the Chamber and the magistrates who determine the law for each of its Chambers and Sections.

2. The President of the National Court, who will have the consideration of the President of the Supreme Court, is the President of all his Chambers. "

Six. Article 64 is worded as follows:

" Article 64.

1. The National Audience will be composed of the following Rooms:

Of Appeal.

Of The Criminal.

From The Administrative-counter.

Of The Social.

2. If the number of cases so advises, two or more Sections may be set up within a Chamber. '

Seven. A new Article 64a is hereby established with the following wording:

" Article 64a.

1. The Appeals Chamber of the National Court will know of the resources of this class that establishes the law against the resolutions of the Criminal Court.

2. When the sensitive and continuous difference in the volume of work is advised, the magistrates of this Chamber, with the favorable agreement of the Chamber of Government, upon a proposal of the President of the Court, may be assigned by the General Council of the Judiciary, in whole or in part, and without any increase in any remuneration, to another Chamber of different order.

For the membership, the seniority will be valued in the scale and the specialty or experience of the affected magistrates and, if possible, their preferences. "

Eight. Article 73 is worded as follows:

" Article 73.

1. The Civil and Criminal Court of the Superior Court of Justice will know, as a Civil Chamber:

(a) The appeal established by the law against decisions of courts of civil order based in the autonomous community, provided that the appeal is founded in violation of the rules of the civil, foral or special law of the community, and when the corresponding Statute of Autonomy has provided for this attribution.

(b) The extraordinary review facility establishing the law against judgments handed down by the courts of the civil order based in the autonomous community, in the field of civil law, foral or special, of the autonomous community, if the corresponding Statute of Autonomy has provided for this attribution.

2. This Room will also know:

(a) In a single instance, of the claims of civil liability, for acts committed in the exercise of their respective positions, directed against the President and members of the Governing Council of the Autonomous Community and against the members of the Legislative Assembly, when such attribution does not correspond, according to the Statutes of Autonomy, to the Supreme Court.

b) In a single instance, of the claims of civil liability, for acts committed in the exercise of his office, against all or most of the magistrates of a Provincial Audience or of any of its sections.

(c) The questions of jurisdiction between courts of civil order with headquarters in the autonomous community that do not have another common superior.

3. As a Criminal Court, it is for this Chamber:

(a) The knowledge of the criminal causes that the Statutes of Autonomy reserve to the knowledge of the Supreme Courts of Justice.

(b) The instruction and failure of the criminal cases against judges, magistrates and members of the Prosecutor's Office for crimes or misconduct committed in the exercise of their position in the autonomous community, provided that this attribution does not correspond to the Supreme Court.

c) The knowledge of appeals against decisions given in the first instance by the Provincial Hearings, as well as that of all those foreseen by the laws.

(d) The decision of the questions of jurisdiction between courts of the criminal order based in the autonomous community that do not have another common superior.

4. For the purposes of the instructions referred to in paragraphs (a) and (b) of the preceding paragraph, a member of the Chamber shall be appointed, in accordance with a pre-established shift, an instructor who shall not be a part of the instructor to prosecute them.

5. It is also up to him to decide on the issues of competition between the Courts of Minors of different provinces of the Autonomous Community.

6. In the event that the number of cases so advises, one or more sections may be created and even the Criminal Chamber with its own territorial constituency in those capitals which are already the headquarters of other Chambers of the High Court, for the sole purpose of knowing the appeals of appeal referred to in paragraph 3 (c) of this article and those other appeals attributed by the laws to the High Court. The appointments for magistrates of these Sections, on a proposal from the General Council of the Judiciary, will fall on those magistrates who, having remained for the immediately preceding 10 years in the criminal order, have increased the length of time. "

Nine. Article 80 is worded as follows:

" Article 80.

1. The Provincial Hearings, which shall have their seat in the capital of the province, shall be appointed by their name, shall extend their jurisdiction to all of them, without prejudice to the provisions of Article 82 (4).

2. Sections of the Provincial Court may be created outside the capital of the province, to which one or more judicial parties will be assigned.

3. In any case, the General Council of the Judicial Branch may agree that the knowledge of certain classes of affairs will be attributed exclusively to a section of the Provincial Court, which will extend its competence to all its territorial scope even if there are displaced sections. This agreement will be published in the "Official State Gazette". "

Ten. Article 81 is amended as follows:

" Article 81.

1. The Provincial Hearings will be composed of a President and two or more magistrates. They may also be composed of two or more Sections of the same composition, in which case the President of the Hearing shall preside over one of the Sections to be determined at the beginning of his term of office.

2. Where the limited number of cases of which a Provincial Hearing is known is advisable, it may include its staff of one to two magistrates, including the President. In this case, the Provincial Court will be completed for prosecution and failure, and when the nature of the resolution to dictate so requires, with the number of judges who are required of the High Court of Justice. For these purposes, the Governing Board shall establish a shift for each judicial year.

3. Similarly, when the best administration of justice is advised, the sections of the hearing may be made up of four judges.

4. The appointment of the magistrates to the various sections shall be of a functional nature where they are not separated by court or by specialty. If they are, the membership shall be functional exclusively within those of the same order or specialty. "

Once. New wording is given to Article 85, which is worded as follows:

" Article 85.

The Courts of First Instance will know in the civil order:

1. In the first instance, the judgments that are not attributed by this law to other courts or tribunals.

2. Of the acts of voluntary jurisdiction in the terms that provide for the laws.

3. Of the resources that the law establishes against the resolutions of the Peace Courts of the Party.

4. Of the questions of competition in civil matters between the Peace Courts of the party.

5. Requests for the recognition and enforcement of judgments and other foreign judicial and arbitration decisions, unless, in accordance with the provisions of the treaties and other international standards, their knowledge corresponds to another court or tribunal. "

Twelve. A new wording is given to Article 98, which is worded as follows:

" Article 98.

1. The General Council of the Judiciary may agree, after a report by the Chambers of Government, that in those constituencies where there is more than one court of the same class, one or more of them shall assume, on an exclusive basis, the knowledge of certain classes of cases, or of the execution of the judicial order in question, without prejudice to the work of support which may be provided by the common services which may be constituted.

2. This agreement shall be published in the Official Gazette and shall produce effects from the beginning of the year following that in which it is adopted.

3. The courts concerned will continue to be aware of all pending proceedings before them. "

Thirteen. New wording is given to Article 99, with the following wording remaining:

" Article 99.

1. In each municipality where there is no Court of First Instance and Instruction, and with jurisdiction in the corresponding term, there will be a Peace Court.

2. A single judicial office may exist for several courts. "

Fourteen. Article 107 is amended to read as follows:

" Article 107.

The General Council of the Judiciary will have competence in the following matters:

1. Proposal by a majority of three fifths for the appointment of the President of the Supreme Court and the General Council of the Judiciary.

2. Proposal by a majority of three fifths for the appointment of members of the Constitutional Court where appropriate.

3. Inspection of courts and tribunals.

4. Selection, training and improvement, provision of destinations, promotions, administrative situations and disciplinary rules for judges and magistrates.

5. Appointment by order of the judges and presentation to royal decree, endorsed by the Minister of Justice, of the appointments of magistrates of the Supreme Court, Presidents and magistrates.

6. Appointment of Secretary-General and members of the cabinets or services dependent on it.

7. Exercise of the jurisdiction of the Judicial School that the law attributes to you.

8. Develop, direct implementation and monitor compliance with the Council's budget.

9. Regulatory power in the terms provided for in Article 110 of this Law.

10. Official publication of judgments and other decisions to be determined by the Supreme Court and other judicial bodies.

To this end, the General Council of the Judicial Branch, with the prior report of the competent administrations, will establish regulations on the way in which the electronic books of judgments are to be compiled, the collection of judgments, their treatment, dissemination and certification, in order to ensure their integrity, authenticity and access, as well as to ensure compliance with the legislation regarding the protection of personal data.

11. Those others who attribute the laws to it. "

Fifteen. Article 110 is amended, which is worded as follows:

" Article 110.

1. The General Council of the Judiciary may issue regulations on its staff, organisation and functioning in the framework of the legislation on public service.

2. The General Council of the Judiciary, in the field of its jurisdiction and with subordination to the laws, may issue regulations for the development of this law in order to establish secondary and auxiliary regulations.

These regulations will be able to regulate ancillary conditions for the exercise of the rights and duties that make up the judicial status without innovating those or altering it as a whole. They may be approved in cases where they are necessary for the implementation or application of this law, in cases where such law is provided for in this or other law and, in particular, in the following matters:

a) System of income, promotion and specialization in the Judicial Career, regime of judicial officers in practices and of assistant judges and theoretical and practical courses in the Judicial School, as well as organization and functions of this.

To this effect, in the regulatory development of the organization and functions of the Judicial School, the composition of its Rector Council must be determined, in which the Ministry of Justice, the autonomous communities with powers in the field of Justice and the professional associations of judges and magistrates will necessarily have to be represented.

b) Form of distribution between shifts and the provision of vacant and deserted places of judges and magistrates.

c) Minimum time of stay at the destination of judges and magistrates.

d) Procedure of the contests and form of request for the provision of seats and charges of discretionary appointment.

e) Training activities of judges and magistrates and the way to obtain specialization titles.

f) Administrative situations of judges and magistrates.

g) Licensing and permitting arrangements for judges and magistrates.

(h) Valuation as a preferential merit of the knowledge of the language and right of the autonomous communities in the provision of judicial places in the territory of the respective community.

i) Regime of incompatibilities and processing of files on issues affecting the status of judges and magistrates.

j) Content of the judicial escalation, in the terms provided for in this law.

k) Regime of substitutions, of the substitute magistrates, of the substitute judges, and of the Judges of Peace.

(l) The functioning and powers of the Boards of Government, the Boards of Judges and other governmental bodies and elections, the appointment and termination of members of the Boards of Government and of the Judges.

m) Inspection of courts and tribunals and handling complaints and complaints.

n) Advertising of judicial proceedings, enabling of days and hours, setting of hours of public hearing and constitution of judicial bodies outside its headquarters.

n) Specialization of judicial bodies, distribution of cases and papers and general rules on the provision and development of the service of the guard, without prejudice to the powers of the Ministry of Justice or, where appropriate, of the autonomous communities with competence in the field of personnel.

o) Form of cessation and possession in the judicial organs and confection of alardes.

p) Jurisdictional cooperation.

q) Honours and treatment of judges and magistrates and rules on protocol in judicial acts.

(r) Systems of rationalisation, organisation and measurement of work which are deemed appropriate for determining the workload to be borne by a court, as well as establishing uniform minimum criteria for the drawing up of delivery rules.

3. Draft implementing regulations shall be submitted to the report of professional associations of judges and magistrates and of professional corporations or associations of other nature which have a legally recognised representation of interests to which they may affect. Intervention shall be made to the State Administration, through the Ministry of Justice, and to those of the Autonomous Communities provided that one and the other have powers related to the content of the regulation or need to be coordinated with those of the General Council. The consultations and previous studies considered relevant and an opinion on the legality of the project shall be sought.

The Prosecutor's Office shall be heard when it is affected by the matter on which the project is to be viewed, and in particular in the cases referred to in paragraphs (n), (n) and (q) of paragraph 2 of this Article.

4. The regulations to be approved by the plenary session of the General Council of the Judiciary by a majority of three fifths of its members authorized by its President, shall be published in the "Official Gazette of the State."

Sixteen. Article 137 (1) is hereby worded as follows:

" Article 137.

1. The agreements of the Council's collegiate bodies shall be adopted by a majority of the members present, except where the law provides otherwise. Who will have a vote of quality in case of a tie.

Without prejudice to Article 129 and consistent with this law, in the event of no agreement being reached for lack of the number of members to constitute the body, a second call may be made in which the majority necessary for the constitution of the collegiate bodies may be sufficient in the common legislation of the legal system of public administrations. "

seventeen. A new wording is given to Article 145, which is worded as follows:

" Article 145.

1. In the technical bodies of the General Council of the Judicial Branch, they may provide services to the Judicial and Fiscal Careers, the Body of Judicial Secretaries, the Body of Administrative and Administrative Management, Procedural and Administrative Procedures, and the Judicial and Administrative Department at the service of the Administration of Justice, as well as officials of the public administrations, in the number to fix the corresponding relations of jobs.

2. The members of the technical higher-level bodies for whose designation the degree of licentiate has been required shall act with the name of Letters in the service of the General Council of the Judiciary. "

Eighteen. New wording is given to Article 146, in the following terms:

" Article 146.

1. The provision of the posts of the technical bodies of the General Council of the Judiciary will be carried out by means of a merit contest.

2. Those who have obtained top-level posts will be appointed by the General Council of the Judiciary, after a two-year term, which can be extended for a period of two years with a maximum of 10 years of service, and will be declared in a situation of special services in its home administration.

3. In the case of the provision of services in the other posts of the technical bodies of the General Council of the Judiciary, officials who perform them shall be considered as active duty in their bodies of origin.

4. During the time they remain in a position at the General Council of the Judiciary, they shall be subject to the Staff Regulations of the Council. "

nineteen. A new wording is given to Article 149, with the following content:

" Article 149.

1. The Chambers of Government of the Supreme Court and the National Court shall be constituted by the President of those organs, who shall preside over them, by the Presidents of the Chambers in which they exist, and by a number of magistrates equal to those of them.

2. The Chambers of Government of the Supreme Courts of Justice shall be constituted by the President of the Courts, who shall preside over them, by the Presidents of the Chambers in which they exist, by the Presidents of the Provincial Hearings of the Autonomous Community, and by an equal number of magistrates or judges, elected by all members of the Judicial Race assigned to them. One, at least, of the components of the Chamber shall be of the category of judge, unless there are no candidates of that category.

In addition to these, it will also be integrated, with the consideration of elected members for all purposes, the deans who, in accordance with the provisions of Article 166.3, have been fully released from the work that they are required to do in the respective court order.

3. The Chambers of Government of the High Courts of Justice, where the number of members exceeds 10, shall be held in plenary or in the Commission.

The Commission will be composed of six members, three nates and three elected members. The designation of its constituents shall be the responsibility of the plenary assembly and of its replacement. However, it will be a part of the Dean released entirely from judicial tasks, or one of them from several.

The Commission will be renewed annually in the same proportion and will be chaired by the President of the Superior Court of Justice.

4. The Secretary of Government of the Supreme Court, the National Court and the respective Supreme Courts of Justice shall exercise the functions of the Secretary of the Chamber of Government, without prejudice to all those expressly attributed to this law. "

Twenty. Article 152 is amended to read as follows:

" Article 152.

1. The Chambers of Government, also constituted under the Commission, shall perform the function of the government of their respective courts, and in particular they are responsible for:

1. Approve the rules for the distribution of cases between the different Sections of each Chamber.

2. To establish annually with objective criteria the precise shifts for the composition and functioning of the Chambers and Sections of the Court and the Provincial Hearings of the territory, as well as binding the rules of assignment of the Ponences to be turned by the Magistrates.

3. Adopt, with respect to judicial immobility, the necessary measures in cases of dissent among magistrates that may influence the good order of the courts or the Administration of Justice.

4. provisionally complete the composition of the Chambers in cases where, due to circumstances over-sold, it is necessary for the operation of the service, always without prejudice to the specific fate of the magistrates of each Chamber.

5. Propose to the General Council of the Judicial Branch the alternate magistrates expressing the personal and professional circumstances that they present, their suitability for the exercise of the position and for their performance in one or several jurisdictional orders, the guarantees of an effective performance of the function and the ability demonstrated by those who have already acted in the exercise of judicial functions or of substitution in the Fiscal Race, with reasoned exposure of the order of preference proposed and the exclusions of applicants. Proposals for the membership of alternate magistrates as a reinforcement measure shall be subject to the same requirements as to the reasons for the proposed names and order of preference and the exclusions of applicants.

6. Exercise disciplinary powers over magistrates in the terms set forth in this law.

7. Propose the President to carry out the inspection visits and information he considers to be coming.

8. Promote the retirement files due to the inability of the Magistrates, and report them.

9. To elaborate the reports requested by the General Council of the Judiciary and the annual report on the operation of the Tribunal, with detailed expression of the number and class of cases initiated and completed by each Chamber, as well as those that are pending, specifying the year of their initiation, all of which is referred to 31 December. The memory shall in any event contain the indication of the measures deemed necessary for the correction of the deficiencies reported.

10. Propose to the General Council of the Judiciary the adoption of the measures it deems pertinent to improve the Administration of Justice as to the respective courts.

11. Take the legally-prevented oath or promise of the magistrates that make up the respective courts and give them possession.

12. To receive reports from the Secretary of Government, at the initiative of this or of the Chamber itself, in all those matters that, for affecting the judicial offices or judicial secretaries that depend on it, demand some kind of action. In this case, the Secretary of Government shall have a vote on the agreement which may be adopted.

13. To promote to the competent body the requirement of disciplinary responsibilities that come from judicial secretaries, staff at the service of the Administration of Justice or any other who, without having this condition, provide their services on a permanent or occasional basis.

14. In general, comply with the other functions that the laws attribute to the internal governing bodies of the courts and which are not expressly attributed to the Presidents.

2. The Chambers of Government of the High Courts of Justice, in plenary or in the Commission, are also responsible for:

1. Approve the rules for the distribution of cases between the Chambers of the Court and between the Sections of the Provincial Hearings and Courts of the same jurisdictional order, based in the corresponding autonomous community.

Exceptionally, in a reasoned manner, and where the needs of the service so require, the Board of Government may order the release of the distribution of cases, in whole or in part, for a limited period of time, to a given Section or a judge.

2. To exercise the powers of the numbers fifth to the fourteenth of the previous paragraph, but also referred to the courts with headquarters in the autonomous community corresponding to the judges and magistrates in them destined.

3. Exorder the appointments of the Judges of Peace. "

Twenty-one. Article 153 is amended to read as follows:

" Article 153.

1. The Chambers of Government shall meet at least twice a month, unless there are no outstanding issues, and how many times, in addition, they will have to deal with urgent matters of interest to the Administration of Justice, when deemed necessary by the President of the Superior Court of Justice, when requested by the third party of its members by reasoned proposal and with the expression of what is to be the subject of deliberation and decision, or when requested by the Secretary of Government in order to deal with matters that affect judicial offices or judicial secretaries who are dependent on him. The call will be made by the President, with the expression of the issues to be dealt with.

2. The Chambers of Government of the High Courts of Justice, set up in the Commission, shall meet on a weekly basis. The Commission will, on a quarterly basis, bring to the attention of the plenary, previously convened, all those matters which have been dealt with and resolved. The plenary session may also be held when, in the opinion of the President or the Commission, the importance, importance or interest to the Administration of Justice of the cases to be dealt with in this case may be addressed by the majority of its members by means of a reasoned proposal and with the expression of what is to be the subject of deliberation and decision, or at the request of the Secretary of Government in order to deal with matters affecting the judicial offices or the Judicial Secretaries which are dependent on him. The President, with the expression of the matters to be dealt with, shall be convened by the President or the Commission.

3. The Chamber may be constituted by the President and two members for non-decision-making proceedings of a formal nature, such as the taking of oath or promise or the taking of judges and magistrates or other similar judges.

4. In other cases, for their valid constitution, the presence, at least, of the majority of their members, shall be required, which shall be personally referred to at least 24 hours in advance. "

Twenty-two. The wording of Article 163 is amended as follows:

" Article 163.

In the Supreme Court, and under the direct dependence of its President, a Technical Information and Documentation Cabinet will operate. The Ministry of Justice, or the Office of the Government of the Supreme Court and prior to the report of the General Council of the Judiciary, shall determine its composition and establishment. "

Twenty-three. New wording is given to Article 164, in the following terms:

" Article 164.

The Presidents of the Provincial Hearings preside over the same, adopt the necessary measures for their operation and exercise the other functions assigned to them by the law, without prejudice, in any case, to the powers of the governing bodies of the High Court of Justice. "

Twenty-four. A new wording is given to Article 165, the text of which becomes as follows:

" Article 165.

The Presidents of the Chambers of Justice and the judges shall have in their respective courts the direction and inspection of all matters, shall adopt, in their field of competence, the resolutions that the good march of the Administration of Justice advises, shall give to the Presidents of the respective Courts and Audiences of the anomalies or faults that observe and shall exercise the disciplinary functions that recognize them the procedural laws on the professionals that relate to the court.

With respect to the staff assigned to the service of the corresponding room or court will be scheduled in their respective disciplinary regime. "

Twenty-five. The wording of Article 168 is amended as follows:

" Article 168.

1. The Decans shall ensure the good use of judicial premises and material means; they shall ensure that the on-call service is continued; they shall take the urgent measures in matters not distributed when, if they do not do so, any rights or serious and irreparable damage may be broken; they shall hear the complaints made to them by those interested in causes or disputes, taking the necessary precautions, and shall exercise the other functions assigned to them by the law.

2. In any case, it corresponds to the Dean Judges:

(a) To solve in a single instance the governmental resources that may be brought against the decisions of the Judicial Secretaries in the field of distribution.

(b) To bring to the attention of the Government Chamber any possible anomaly in the functioning of the common procedural services of its territory.

c) Resolve how many resources are attributed to them by the procedural laws. "

Twenty-six. Article 169 is amended, the wording of which shall be as follows:

" Article 169.

The Dean shall hold the representation of all to the public authorities and shall preside over the Board of Judges to deal with matters of common interest relating to the judicial activity of the holders of all or any of the judicial bodies. This Board shall be convened by the Dean whenever requested by a quarter of the judges of the population. "

Twenty-seven. A paragraph 4 is added to Article 172, with the following wording:

" 4. The Presidents of the Provincial Hearings may exercise by delegation the inspection on the courts and tribunals in their respective field and those other functions of an administrative nature entrusted to them. "

Twenty-eight. A new wording is given to Article 178, in the following terms:

" Article 178.

1. In the Supreme Court, National Court and Supreme Courts of Justice there will be a Secretariat of Government, dependent on the Secretary of Government, who will be assisted by the staff at the service of the Administration of Justice that determines the corresponding relation of jobs.

2. In these courts, there may also be a Deputy Secretary of Government. "

Twenty-nine. Article 182 is amended to read as follows:

" Article 182.

1. On Saturdays and Sundays, on 24 and 31 December, the days of the national holiday and the holidays for work in the respective Autonomous Community or locality are non-working.

The General Council of the Judiciary may, by means of a regulation, enable these days for the purposes of judicial proceedings in those cases not expressly provided for by the laws.

2. They are business hours from eight in the morning at eight in the afternoon, unless the law provides otherwise. "

Thirty. The wording of Article 183 is amended as follows:

" Article 183.

The days of August will be indefable for all judicial proceedings, except those that are declared urgent by the procedural laws. However, the General Council of the Judiciary may, by means of a regulation, enable them for the purposes of other actions. "

Thirty-one. Article 189 is amended, which shall be entered in a single paragraph, with the following wording:

"Judges and magistrates, presidents, judicial secretaries, and other staff at the service of the Administration of Justice shall exercise their respective activities in terms that require the needs of the service, without prejudice to the time established."

Thirty-two. Article 190 is worded as follows:

" Article 190.

1. It is for the President of the Court or the Judge to maintain order in the Chamber, to which effect it shall agree as appropriate.

2. They shall also cover their rights to those present.

3. These same obligations shall be borne by the Registrar in all proceedings which are held solely before him at the premises of the Office. '

Thirty-three. Article 191 is amended to read as follows:

" Article 191.

For the purposes of the foregoing article, those that disturb the view of any process, cause or other judicial act, giving ostensible signs of approval or disapproval, disrespecting and considerations due to the judges, courts, the Prosecutor's Office, lawyers, prosecutors, judicial secretaries, medical examiners or other personnel in the service of the Administration of Justice, shall be admonished in the act by whom they preside and expelled from the room or the offices of the Judicial Office, if they do not obey the first warning, without prejudice to the criminal liability in which they incur. "

Thirty-four. Article 193 is worded as follows:

" Article 193.

1. With the same fine, witnesses, experts or any other who, as a party or representing it, shall be punished shall be absent from the views and acts of the word, deed or in writing to the consideration, respect and obedience due to judges, prosecutors, judicial secretaries and other staff in the service of the Administration of Justice, when their acts do not constitute a crime.

2. The lawyers and prosecutors of the parties, in respect of which the provisions of Title V of book VII are to be observed, are not included in this provision. '

Thirty-five. The wording of Article 194 is amended as follows:

" Article 194.

1. The act that motivates the sanction, the explanation that, if any, of the sanction and the agreement to be adopted by the one who is the act, will be stated in the act.

2. Against the agreement of the imposition of sanctions, the judge, President or Judicial Secretary, who will resolve it on the following day, may be brought before the judge, President or Judicial Secretary, within three days. Against the agreement by resolving the hearing in justice or against the imposition of the sanction, if that appeal had not been used, it will be the appeal of the person, within five days, before the Chamber of Government, which will resolve it, after the report of the judge, president or judicial secretary who imposed the sanction, in the first meeting to be held. "

Thirty-six. Article 200 (4) is amended, the wording of which shall be as follows:

" 4. The members of the retired age-old judicial career who are appointed to exercise this function will have the consideration and treatment of judges who are members of the court. In that situation they may remain until 75 years of age, having the remuneration of the alternate magistrates. "

Thirty-seven. Article 201 (2) is amended as follows:

" 2. Only those who fulfil the necessary conditions for entry into the judicial career, except those arising from retirement by age, may be required to do so. It may not be proposed or act as an alternate who has reached the age of 70 years and, for the Supreme Court, who does not have at least 15 years of legal experience. "

Thirty-eight. The wording of Article 212 is amended, as follows:

" Article 212.

1. The judges shall perform the duties inherent in their court, both in the capacity of the rightholders and the deputy, and the position they replace. Such substitution shall, where it occurs, be paid in the cases and amounts to be determined in accordance with the rules.

2. In cases where, in order to supplement the absence of the holder of the court, whatever the court order to which he belongs, it is not possible to apply the provisions of the preceding articles, because there is a single court in the town, incompatibility of points of order, because of the existence of numerous vacancies or other similar circumstances, it will exercise the jurisdiction with the same extent as if it were the holder of the organ a substitute judge, who will be appointed in the same way as the substitute magistrates and subject to his own legal regime. Such appointments shall be of exceptional nature and must be duly substantiated or substantiated. In any case, the following shall be preferred for the replacement of the assistant judges in accordance with Article 308.2 and the judges who are developing tutored practices in accordance with Article 307.1.

3. The remuneration of substitute judges shall be determined by the Government in accordance with the budgetary provisions. In the case of several substitutes appointed for the locality and the corresponding court order, they shall be called by the order of score obtained in the appointment. "

Thirty-nine. A new wording is given to Article 214, in the following sense:

" Article 214.

When it is not possible to apply the provisions of the foregoing articles, because there are no substitute judges appointed as suitable for the locality and the corresponding court order, or if it is advisable for a better dispatch of the cases, attended to the low workload of a court of another town of the same degree and order of which it is to be replaced, the Chamber of Government shall extend, after hearing, the jurisdiction of the holder of that, who shall carry out both charges, with the right to the corresponding remuneration within the forecasts budget. '

Forty. New wording is given to Article 216 bis 1, in the following terms:

" Where the exceptional delay or the accumulation of cases in a given court or tribunal cannot be corrected by the strengthening of the staff of the judicial office or the temporary exemption provided for in Article 167.1, the General Council of the Judicial Branch may agree to exceptional judicial support measures consistent with the membership, in the capacity of substitute judges or judges of support, of the judges in practice referred to in Article 307.1, in the granting of commissions of service to judges and magistrates or to the appointment of judges. substitute or substitute magistrates, to participate with the holders of such bodies in the processing and resolution of cases that are not pending.

If the cause of the delay is structural, the General Council of the Judiciary, together with the adoption of the said provisional measures, shall make appropriate proposals to the Ministry of Justice or the autonomous communities with competence in the matter, in order to adapt the staff of the court or tribunal concerned or to the correction of the demarcation or plant that proceeds. "

Forty-one. A new wording is given to Article 217, which happens to have the following content:

" Article 217.

The judge or magistrate in whom one of the legally established causes is present will abstain from the knowledge of the case without waiting for the challenge to be challenged. "

Forty-two. A new wording is given to Article 218, which will have the following content:

" Article 218.

They will only be able to recuse:

1. In civil, social and legal-administrative matters, the parties; the Prosecutor's Office may also do so, provided that it is a process in which, by the nature of the rights in conflict, it can or must intervene.

2. In criminal matters, the Prosecutor's Office, the popular, private or private accuser, the civil actor, the defendant or defendant, the complaint or the third party responsible. "

Forty-three. A new wording is given to Article 219, which happens to have the following content:

" Article 219.

Are causes of abstention and, if any, recusal:

1. The marriage bond or situation of fact assimilable and the kinship by consanguinity or affinity within the fourth degree with the parties or the representative of the Fiscal Ministry.

2. The marriage bond or situation of fact assimilable and the kinship by consanguinity or affinity within the second degree with the lawyer or the prosecutor of any of the parties involved in the process or cause.

3. To be or have been a judicial defender or member of the tutelary bodies of any of the parties, or to have been under the care or guardianship of any of these.

4. Be or have been denounced or accused by any of the parties as being responsible for any crime or fault, provided that the complaint or accusation had resulted in the opening of criminal proceedings and the latter would not have ended by absolute judgment or order of dismissal.

5. Habser has been disciplined in a disciplinary manner under the case of a complaint or on the initiative of one of the parties.

6. Mª Haber has been a defender or representative of any of the parties, issued an opinion on the suit or cause as a lawyer, or has intervened in it as a prosecutor, expert or witness.

7. Be or have been a whistleblower or accuser of either party.

8. Have a lawsuit pending with any of these.

9. Intimate Friendship or Manifest enmity with either party.

10. Having direct or indirect interest in the lawsuit or cause.

11. Mme Haber participated in the instruction of the criminal cause or have resolved the suit or cause in previous instance.

12. To be or to have been one of the subordinate parts of the judge to resolve the litigation.

13. The former has held a public office, held a job or a profession on the occasion of which he has participated directly or indirectly in the subject matter of the suit or cause or in another related to it.

14. In the processes in which the Public Administration is a party, the judge or magistrate shall be with the authority or official who has issued the act or has reported on it or carried out the fact for reasons of which the process is followed in any of the circumstances mentioned in the causes 1. to 9. ª, 12. and 15.

15. The marriage bond or situation of fact equivalent, or the kinship within the second degree of consanguinity or affinity, with the judge or magistrate who would have dictated resolution or practiced acting to assess by way of appeal or in any subsequent phase of the process.

16. Haber occupied the judge or magistrate public or administrative office on the occasion of which he was able to have knowledge of the subject matter of the dispute and to form a criterion to the detriment of due impartiality. "

Forty-four. A new wording is given to Article 221, which happens to have the following content:

" Article 221.

1. The magistrate or judge shall communicate the abstention, respectively, to the Section or Chamber of which he or she is a party or to the judicial body to which the functional competence for hearing the proceedings against the judgments which the judge dictates. The communication of the abstention shall be made in written form as soon as the cause which motivates it is warned.

The competent body to resolve the abstention will resolve within 10 days.

2. Abstention shall suspend the course of the proceedings until the time limit laid down for its resolution is resolved or passed.

3. If the Section or Chamber or the court or tribunal referred to in paragraph 1 of this Article does not justify abstention, it shall instruct the judge or magistrate to continue the knowledge of the case, without prejudice to the right of the parties to enforce the challenge. Received the order, the judge or magistrate will dictate the providence ending the suspension of the process.

4. If the abstention by the competent authority under paragraph 1 is justified, the abstaining shall decide to self-step away from the case and order the proceedings to be replaced. Where the person who is abstaining is part of a collegiate body, the order shall be issued by the Chamber or Section to which it belongs. The self-ruling on abstention shall not be liable for any action.

5. In any event, the suspension of the proceedings shall end when the substitute receives the proceedings or is incorporated in the Chamber or Section to which the abstaining belonged. "

Forty-five. A new wording is given to Article 222, which happens to have the following content:

" Article 222.

Abstention and the replacement of the judge or magistrate who has abstained will be communicated to the parties, including the name of the substitute. "

Forty-six. A new wording is given to Article 223, which happens to have the following content:

" Article 223.

1. The recusal should be proposed as soon as it becomes aware of the cause in which it is founded, since otherwise it will not be accepted.

Specifically, recusations will be unsupported:

1. º When they are not proposed within 10 days of the notification of the first resolution by which the identity of the judge or magistrate is known to recuse, if the knowledge of the concurrency of the cause of recusal was prior to that.

2. º When a process is proposed, pending a process, if the reason for recusal was known before the procedural moment in which the recusal is proposed.

2. The objection shall be proposed in writing, which shall clearly and clearly express the legal cause and the grounds on which it is founded, accompanied by a principle of proof thereon. This letter will be signed by the lawyer and by attorney if they intervene in the suit, and by the person, or by someone else to your request, if you do not know how to sign. In any event, the prosecutor must accompany the special authority for the recusal in question. If he does not intervene in the case of a lawyer and a lawyer, the challenge shall be ratified by the Registrar of the court in question.

3. In the case of the recusal, the other parties will be transferred to the process so that, within the common period of three days, they will manifest if they adhere to or oppose the cause of the proposed recusal or if, at that time, they know some other cause of recusal. The party who does not propose recusal within that period shall not be able to do so later, unless he accredence that, at that time, he did not know the new cause of recusal.

On the working day following the end of the period laid down in the preceding paragraph, the recusal shall decide whether or not to accept the cause or causes of recusal. "

Forty-seven. A new wording is given to Article 224, which happens to have the following content:

" Article 224.

1. They will instruct the recusal incidents:

1. When the person is the President or a Magistrate of the Supreme Court, the National Court or a Superior Court of Justice, a magistrate of the Chamber to which the person appointed by virtue of a shift established in order of seniority belongs.

2. When the recusal is a Provincial Hearing Officer, a Magistrate of the Civil and Criminal Chamber of the corresponding Superior Court of Justice appointed by virtue of a shift established in order of seniority.

3. When the recusal is a Magistrate of a Hearing, a Magistrate of that same Hearing appointed by virtue of a shift established in order of seniority, provided that it does not belong to the same Section as the recused.

4. When all the magistrates of a Chamber of Justice, a magistrate of which the corresponding court has been appointed by virtue of a duty established in order of seniority, shall be recused, provided that it is not affected by the recusal.

5. When the person is a judge or magistrate of a single-member body, a magistrate of the collegiate body who knows of his or her resources, appointed by virtue of a shift established in order of seniority.

6. When the person is a Judge of Peace, the Judge of First Instance of the party concerned or, if there are several Courts of First Instance, the one appointed by virtue of a shift established in order of seniority.

Age will be governed by the order of escalation in the judicial career.

2. In cases where it is not possible to comply with the provisions of the preceding paragraph, the Governing Board of the Court of Justice shall appoint the instructor, seeking to be of a higher category or, at least, of more seniority than he has refused or refused. '

Forty-eight. A new wording is given to Article 225, which happens to have the following content:

" Article 225.

1. Within the same day after the end of the period referred to in Article 223 (3), or on the following working day, the case shall pass or cause to the knowledge of the substitute, and shall be sent to the court to which the incident shall be directed to the writing and the documents of the recusal.

A report of the recusal relative to whether or not the cause of recusal should be accompanied.

2. Recusal shall not be admissible in cases where the grounds on which the documents are to be found are not expressed or are not accompanied by the documents referred to in Article 223 (2).

3. If the recusal will accept as a certain cause of recusal, the incident will be resolved without further formalities.

If not, the instructor, if he admits to the proposed recusal, will order the practice, within 10 days, of the requested test that is relevant and the one that he deems necessary and, act followed, he will transmit the actions to the court competent to decide the incident.

Received the actions by the court competent to decide the challenge, will be transferred to the Ministry of Public Prosecutor for a three-day report. After that deadline, with or without a report from the Prosecutor's Office, the incident will be decided within five days. No appeal shall be brought against that decision.

4. The recusal will suspend the course of the litigation until the incident of recusal is decided except in the criminal court order, in which the judge of instruction that legally replaces the recusal will continue with the processing of the cause. "

Forty-nine. A new wording is given to Article 226, which happens to have the following content:

" Article 226.

1. In the proceedings which are conducted by the channels of the verbal judgment, whatever the court order, and in the cases of faults, if the recused judge does not accept the act as a certain cause of recusal, the actions to which the incident is to be directed shall pass, in the meantime the main proceedings are suspended. The instructor shall agree that the parties to his/her presence shall be brought against the day and time which he/she fixes, within the following five, and, heard the parties and practiced the relevant declared evidence, shall resolve by providence in the same act on whether or not it has been challenged.

2. For the recusal of judges or magistrates following the point of view, Articles 190 to 192 of the Law on Civil Procedure shall be subject to the provisions of Articles 190 to 192. "

Fifty. A new wording is given to Article 227, which will have the following content:

" Article 227.

Will decide recusal incidents:

1. The Chamber provided for in Article 61 of this Law when the person is the President of the Supreme Court, President of the Chamber or two or more magistrates of the same Chamber.

2. The Chamber of the Supreme Court in question, when one of the members of the Supreme Court is challenged. For these purposes, the recusal shall not be a part of the Chamber.

3. The Chamber provided for in Article 69 when the person is the President of the National Court, Presidents of Chambers or more than two magistrates of a Chamber.

4. The Chamber of the National Court in question, when the judges are challenged, in accordance with the provisions of article 68 of this law.

5. The Chamber referred to in Article 77 of this Law, when the President of the Superior Court of Justice, the President of any of his Chambers, the President of the Provincial Court with headquarters in the corresponding Autonomous Community, or two or more magistrates of the same Chamber of the Supreme Courts of Justice or two or more magistrates of the same Section of a Provincial Court, has been challenged. The recusal may not be a part of the Chamber, where appropriate, where appropriate, its replacement in accordance with the provisions of this law.

6. The Chamber of the Superior Courts of Justice in question, when one of the judges who is part of it is challenged. For these purposes, the recusal shall not be a part of the Chamber.

7. When the recusal is a magistrate of a Provincial Hearing, the Provincial Hearing, without being part of it the recused; if it is composed of two or more Sections, the Section in which the recused is not integrated or the Section that follows in numerical order to that of which the recused forms part.

8. When the person is a Judge of First Instance, of First Instance and Instruction, of the Commercial, of Instruction, of the Criminal, of the Child, of the Penitentiary Surveillance, of the Administrative-Administrative or of the Social, the Section of the Provincial Hearing or Chamber of the Superior Court of Justice or of the respective National Audience that knows of the resources against its resolutions, and, if several, it will be established a shift starting from the Section or Room of the lowest number.

9. When the recusal is a Judge of Peace, the same judge shall decide the incident of recusal. "

Fifty-one. A new wording is given to Article 228, which has the following content:

" Article 228.

1. The order of refusal of the challenge shall agree to return to the recusal the knowledge of the dispute or cause, in the state in which it is found and shall condemn on the coasts to the recusal, unless exceptional circumstances are present that justify another pronouncement. Where the decision to decide on the incident expressly declares the existence of bad faith in the applicant, a fine of EUR 180 to EUR 6 000 may be imposed.

2. The car that considers the recusal will definitely depart from the recusal of the knowledge of the process or cause. He shall continue to know of him, until his termination, the one to replace him.

3. No action shall be taken against the decision of the recusal incident, without prejudice to the application of the judgment in the case or the case, the possible nullity of the case by the judge or magistrate who issued the judgment under appeal, or who joined the Chamber or Section concerned, the cause of the alleged challenge. "

Fifty-two. New wording is given to Article 229 (2), which will have the following content:

" 2. Statements, interrogations, testimonies, careous, explorations, reports, ratification of the experts and hearings shall be carried out before a judge or tribunal with presence or intervention, if any, of the parties and in public hearing, except as provided in the law. "

Fifty-three. New wording is given to Article 234, which will have the following content:

" Article 234.

1. The secretaries and competent officials of the Office shall provide the persons concerned with information as to the status of the proceedings, which they may examine and know, unless they are or have been declared secret in accordance with the law. They will also issue the testimonies in the terms provided for in this law.

2. Likewise, the parties and any person who accredits a legitimate interest shall be entitled to obtain simple copies of documents and documents which are in the file, not declared secret or reserved. "

Fifty-four. The wording of Article 237 is amended as follows:

" Article 237.

Unless otherwise provided by law, the appropriate course shall be given to the process, with the necessary resolutions being dictated to the effect. "

Fifty-five. A new wording is given to Article 238, which happens to have the following content:

" Article 238.

The procedural acts will be null and void in the following cases:

1. º When they are produced by or before a court with a lack of jurisdiction or objective or functional competence.

2. º When performed under violence or intimidation.

3. When essential rules of the procedure are dispensed with, provided that, for this reason, there has been a lack of defense.

4. When they are performed without the intervention of a lawyer, in cases where the law establishes it as mandatory.

5. When hearings are held without the judicial secretary's mandatory intervention.

6. In other cases where the procedural laws so establish. "

Fifty-six. A new wording is given to Article 239, which happens to have the following content:

" Article 239.

1. The courts whose actions have been produced by intimidation or violence, as soon as they are free from it, will declare null and void everything practiced and promote the formation of cause against the guilty, putting the facts in the knowledge of the Prosecutor's Office.

2. Acts of the parties or persons involved in the proceedings shall also be declared void if they are credited to have occurred under intimidation or violence.

The nullity of these acts shall involve that of all others related to him or that may have been conditioned or substantially influenced by the null act. "

Fifty-seven. A new wording is given to Article 240, which happens to have the following content:

" Article 240.

1. Nullity of full rights, in any event, and defects in the form of procedural acts involving the absence of the essential requirements to achieve their end or determine effective defensiveness, shall be enforced by means of the legally established remedies against the decision in question, or by the other means established by the laws of procedure.

2. Without prejudice to this, the court or tribunal may, on its own initiative or at the request of a party, before any decision has been taken to put an end to the proceedings, and provided that the remedy does not proceed, to declare, after hearing the parties, the nullity of all the proceedings or of any particular action.

In no case may the court or tribunal, on the occasion of an appeal, declare of its own motion a nullity of the proceedings which have not been applied for in that appeal, except that I appreciate lack of jurisdiction or of objective or functional competence or that there has been violence or intimidation which I shall affect to that court. "

Fifty-eight. A new wording is given to Article 241, which happens to have the following content:

" Article 241.

1. Incidents of invalidity of proceedings shall not be admissible in general. However, by way of exception, those who are a legitimate party or should have been a legitimate party, may request in writing that a declaration be declared void of actions founded on defects in such a way as to have caused defenselessness or incongruity of the judgment, provided that the former have not been able to report before a decision has been taken to put an end to the proceedings and that, in one case or another, it is not subject to an ordinary or extraordinary appeal.

You will be competent to hear of this incident the same court or tribunal that issued the resolution that has acquired firmness. The time limit for requesting a declaration of invalidity shall be 20 days from the date of notification of the decision or, in any case, since the defect causing the defenceless defect was known, without, in the latter case, the application for a declaration of invalidity after five years after the notification of the decision has been made.

The court or tribunal shall, by means of a succinctly reasoned providence, inadmissible any incident in which it seeks to raise other questions. No recourse shall be taken against the decision to which the incident is inadmissible.

2. If the document in which the invalidity is sought, as referred to in the preceding paragraph of this Article, is sought, the execution and effectiveness of the judgment or judgment shall not be suspended unless the suspension is expressly agreed to prevent the incident from losing its purpose, and shall be transferred, together with a copy of the documents accompanying, where appropriate, to prove the defect or defect in which the request is made, to the other parties, which may, within the common period of five days, make written submissions to the other parties. accompany the documents deemed to be relevant.

If the nullity is estimated, the actions will be replenished to the state immediately preceding the defect that originated it and will follow the legally established procedure. If the application for a declaration of invalidity is rejected, the applicant shall be sentenced, by means of order, to the applicant on all the costs of the incident and, in the event that the court or tribunal understands that it was promoted with fear, it shall also impose a fine of EUR 90 to EUR 600.

Against the resolution that resolves the incident, there will be no recourse. "

Fifty-nine. A new wording is given to Article 242, which happens to have the following content:

" Article 242.

Judicial actions taken outside the established time may be cancelled only if the nature of the term or term is imputed to it. "

Sixty. A new wording is given to Article 243, which happens to have the following content:

" Article 243.

1. The nullity of an act shall not involve that of successive acts which are independent of that act or those whose content has remained to be invoked without the infringement which has resulted in a declaration of invalidity.

2. The partial nullity of an act shall not involve that of the parties of the same independent of that declared void.

3. The court or tribunal shall take care that the defects in which the procedural acts of the parties may be remedied may be remedied, provided that such acts have shown a willingness to comply with the requirements laid down by law.

4. The acts of the parties which do not comply with the requirements laid down by the law shall be subsable in the cases, conditions and time limits laid down in the procedural laws. '

Sixty-one. A new wording is given to Article 266, with the following wording:

" Article 266.

1. The judgments, once extended and signed by the judge or by all the Magistrates who have given them, will be deposited in the Judicial Office and any interested persons will be allowed access to the text of the same.

Access to the text of the judgments, or to certain ends thereof, may be restricted when it may affect the right to privacy, the rights of persons requiring a special duty of protection or the guarantee of the anonymity of the victims or harmed, where appropriate, as well as, in general, in order to avoid that the sentences may be used for purposes contrary to the laws.

2. The secretaries shall place in the autos verbatim certification of the judgment. "

Sixty-two. A new wording is given to Article 267, which happens to have the following content:

" Article 267.

1. The courts will not be able to vary the resolutions they make after they are signed, but they will be able to clarify some dark concept and rectify any material error that they suffer.

2. The clarifications referred to in the previous paragraph may be made of office within two working days of the publication of the decision, or at the request of a party or of the Ministry of Public Prosecutor's office within the same time limit, in this case being settled by the court within three days of the filing of the document in which the clarification is sought.

3. The manifest material errors and the arithmetic in which the judicial decisions are made may be rectified at any time.

4. Any omissions or defects which may be subject to judgments and orders and which need to be remedied in order to take them fully into effect may be remedied by order, by order, within the same time limits and by the same procedure laid down in the preceding paragraph.

5. In the case of judgments or orders which have been manifestly omitted from statements relating to claims made in a timely manner and substantiated in the proceedings, the court, at the written request of a party within five days of the notification of the decision, after the request has been moved to the other parties for written submissions for a further five days, shall decide to order the termination of the decision with the statement omitted or not to complete it.

6. If the court notices, in the judgments or orders it makes, the omissions referred to in the preceding paragraph, it may, within five days from the date on which it is issued, automatically proceed, by order, to complete its decision, but without amending or rectifying what has been agreed.

7. No appeal shall be lodged against the orders in which the Court of Justice has resolved the clarification, rectification, remedy or supplement referred to in the preceding paragraphs of this Article, without prejudice to the resources which, where appropriate, may be made against the judgment or order referred to in the court's application or action.

8. The time limits for appeals against the decision in question shall be interrupted from the request for clarification, rectification, remedy or supplement and, in any event, shall begin to be computed from the day following the notification of the order which recognised or refused the omission of delivery and agreed or refused to remedy it. "

Sixty-three. New wording is given to Article 270, which is worded as follows:

" Article 270.

Resolutions issued by judges and courts, as well as those of judicial secretaries in the exercise of their own functions, shall be notified to all parties to the dispute, cause or file, and also to those who refer to or may be liable for damages, when expressly provided for in those resolutions, in accordance with the law. "

Sixty-four. A new wording is given to Article 272, which goes on to consist of a single paragraph, with the following content:

" Article 272.

A local notification facility may be established for the various courts and tribunals of the same population, even if they are of a different court order. In this case, the College of Attorneys will organize a service to receive the notifications that could not be made at that common place due to the failure of the attorney general to be notified. The receipt of the notification by this service shall have full effect. "

Sixty-five. Article 298 is worded as follows:

" Article 298.

1. The judicial functions in the courts and tribunals of every order regulated in this law will be exercised only by professional judges and magistrates, who form the Judicial Career.

2. They also have judicial functions without belonging to the Judicial Career, subject to the regime established in this law, without a professional character and with temporary immobility, the substitute magistrates, those who serve as judges as substitutes, the judges of peace and their substitutes. "

Sixty-six. A new wording is given to Article 301, which happens to have the following content:

" Article 301.

1. The entry into the judicial career shall be based on the principles of merit and capacity for the exercise of the judicial function.

2. The selection process for entry into the judicial career will ensure, with objectivity and transparency, equality in the access to the same of all citizens who fulfil the necessary conditions and skills, as well as the suitability and professional sufficiency of the persons selected for the exercise of the judicial function.

3. The entry into the Judicial Race by the category of judge will occur through the overcoming of free opposition and a theoretical and practical course of selection made in the Judicial School.

4. The call for entry into the Judicial Career, which will be jointly made with the entry into the Fiscal Career, will comprise all the vacant positions existing at the time of the same and an additional number that will allow to cover those that are likely to occur until the next call.

The approved candidates, according to the places called, will choose, according to the order of the score obtained, by one or another Race within the deadline to be set by the Selection Commission.

5. They will also enter the Judicial Race by the category of magistrate of the Supreme Court, or of magistrate, jurists of recognized competence in the cases, form and proportion respectively established in the law. Those who wish to enter the judicial career in the category of magistrate will also need to overcome a training course in the Judicial School.

6. In all cases, it will be necessary not to be in any of the causes of incapacity and incompatibility established by this law and not to have the age of retirement in the Judicial Race or to reach it during the maximum legal time and regulations for the duration of the selective process, until the taking of possession included, if is the case, the course of selection in the Judicial School.

7. The Ministry of Justice, in collaboration, with the competent autonomous communities, may request the General Council of the Judicial Branch to call for the oppositions, contests and selective tests of promotion and specialization necessary for the coverage of the vacancies existing in the staff of the Judicial Career.

Equal powers that the Ministry of Justice will have, the autonomous communities with powers in the matter.

8. A quota of not less than five per cent of the vacancies to be covered between persons with disabilities in grade equal to or greater than 33 per cent shall also be reserved in the call, provided they exceed the selective tests and which demonstrate the degree of disability and the compatibility for the performance of the relevant functions and tasks in the manner determined by regulation. The entry of persons with disabilities in the Judicial and Fiscal Careers will be inspired by the principles of equal opportunities, non-discrimination and compensation of disadvantages, proceeding, where appropriate, to the adaptation of the selective processes to the special needs and singularities of these persons. "

Sixty-seven. Article 302 is worded as follows:

" Article 302.

To contest the free opposition of access to the Judicial School, it is necessary to be Spanish, older and licensed in law, as well as not to be in any of the causes of incapacity that the law establishes. "

Sixty-eight. Article 304 becomes the following content:

" Article 304.

1. The court that will evaluate the evidence of entry in the Judicial and Fiscal Careers, by the categories of judge and tax lawyer respectively, will be presided over by a magistrate of the Supreme Court or a Superior Court of Justice or a prosecutor of the Supreme Court or a prosecutor of the Supreme Court or a Prosecutor of the Superior Court of Justice, and will be vocal two magistrates, two prosecutors, a professor of legal discipline in which they consist of the evidence of access, a lawyer of the State, a lawyer with more than 10 years of professional exercise and a judicial secretary of the first category, who will act as secretary.

2. The appointment of the members of the court, as referred to in the previous paragraph, shall be carried out by the Selection Committee as follows: the President, on a joint proposal from the President of the General Council of the Judiciary and the Attorney General of the State; the two magistrates, on a proposal from the General Council of the Judiciary; the two prosecutors, on a proposal from the State Attorney General; the professor, on a proposal from the University Coordination Council; the lawyer of the State and the judicial secretary, on a proposal from the Ministry of Justice; and the lawyer, on a proposal from the Council General of the Advocate General.

The Council of University Coordination and the General Council of the Advocate General will produce terns, which will refer to the Selection Committee for the designation, unless there are causes to justify proposing only one or two persons. "

Sixty-nine. A new wording is given to Article 306, in the following terms:

" Article 306.

1. The opposition to the entry into the Judicial and Fiscal Carries by the category of judge and tax lawyer shall be convened at least every two years, with the call by the Commission of Selection provided for in Article 305 (1), upon a proposal of the General Council of the Judiciary and the Ministry of Justice, taking into account the maximum number of places to be offered in accordance with the provisions of Article 301 (4) and in the attention of budgetary resources.

2. In no case may the court select in the evidence provided for in Article 301 a number of candidates superior to that of the seats which have been convened in accordance with the provisions of that Article.

3. Those who have overcome the opposition as candidates for entry into the Judicial Race will have the consideration of practical officials. "

Seventy. New wording is given to Article 307, in the following terms:

" Article 307.

1. The Judicial School, which is set up as a center for the selection and formation of judges and magistrates under the General Council of the Judiciary, will be aimed at providing a comprehensive, specialized and high quality preparation for members of the Judicial Career, as well as for those aspiring to join it.

The selection course will include a multidisciplinary training program and a period of tutored practices in different organs of all jurisdictional orders. During the traineeship, judges in tutored practices shall exercise their functions of assistance and collaboration with their holders. Exceptionally, they may act in replacement or reinforcement functions, in accordance with this law.

The Judicial School shall carry out the coordination and imparting of the initial education, as well as the continuing training, in the terms laid down in Article 433.

2. The duration of the traineeship, its circumstances and the fate and functions of the trainee judges shall be regulated by the General Council of the Judiciary in the light of the programme drawn up by the Judicial School. In no case shall the duration of the theoretical training course be less than nine months or the duration of the practical course less than six months.

In any event, the functions of the judges in practices which do not act as a replacement or a reinforcement as provided for in this law may not exceed the drafting of drafts or draft resolutions which the judge or rapporteur may, where appropriate, assume with the amendments he considers relevant.

3. Those who pass the theoretical and practical course will be appointed judges in the order of the proposal made by the Judicial School.

4. The appointment shall be extended by the General Council of the Judiciary, by order, and with the inauguration shall be vested with the status of a judge. "

Seventy-one. Article 308 is reworded, in the following terms:

" Article 308.

1. The Judicial School will establish a relationship with the candidates who approve the theoretical and practical course, according to their order of qualification, which will be raised to the General Council of the Judiciary.

2. Without prejudice to the provisions of Article 301.4, those approved candidates who cannot be appointed judges who are the right holders of judicial bodies shall enter the Judicial Career as assistant judges, taking office before the President of the General Council of the Judiciary, to which they shall be assigned for the purposes referred to in Articles 212.2, 216, 216 bis 1, 216 bis 2, 216 bis 3 and 216 bis 4.

Deputy judges shall have preference over substitute judges in any appeal for the exercise of the functions referred to in the articles referred to in the preceding paragraph and shall cease in their duties at the time when they are appointed as the right to make the right to the vacancies to be produced, in accordance with the numerical order in the list of approved applicants. "

Seventy-two. Article 311 is amended, which is worded as follows:

" Article 311.

1. Out of every four vacancies that occur in the magistrates category, two will be provided through promotion with the judges who will occupy the first place in the ladder within this category.

Any judge may waive the rise to the category of Magistrate by expressly notifying the General Council of the Judiciary in the form and time limit determined by him. Such a waiver shall be required to remain in the category of judge for two years and a maximum of three times may be made. After the time limits laid down, the judge shall take the appropriate time. The judge who exercises the waiver will keep his position in the ranks of judges until he ascends and will not be able to participate in the ordinary course of transfer while remaining in this situation.

The third vacancy will be provided, among judges, by selective evidence in civil and criminal jurisdictional orders, and specialization in the administrative and social litigation orders.

The fourth vacancy shall be provided by contest, between jurists of recognised competence and with more than 10 years of professional practice, in excess of the training course referred to in Article 301 (5). In turn, a third of these vacancies will be reserved for members of the First or Second Category Judicial Secretaries.

By this procedure, only a number of places may be convened which does not exceed the total of the actual vacancies most likely to occur during the duration of the decision of the contest.

2. For the climb up, it will be necessary for them to have provided three years of effective services as judges. However, in order to be submitted for selective or specialised testing, two years of effective service shall be sufficient, whatever the administrative situation of the applicant. The members of the Judicial Career with a category of magistrate and, as a form of access to the Judicial Career, those of the Fiscal Career may also be present at the specialization tests; in both cases, it will be necessary to have provided at least two years of effective services in their respective careers. The same requirement shall be required for those who submit to the selective tests referred to in Article 329 (4).

3. The General Council of the Judicial Branch may perform all or some of the invitations to tender for the access to the Judicial Race by the category of magistrate of jurists of recognized competence, limiting those to the assessment of merits relative to the corresponding matter and reserving to the effect places of adequate characteristics within the general proportion established in paragraph 1.

4. Those who acceded to the category of magistrate without prior to the Judicial Race will be incorporated immediately following the last magistrate who had agreed to the category. They shall not obtain the status of voluntary leave, except in the cases provided for in Article 356 (d) and (e), until they have completed the time of effective service in the judicial course provided for in paragraph (c) of that Article.

5. To those who pass the tests of specialization in the administrative and social litigation orders belonging before the tax race, they will be computed in the judicial career the time of services provided in that when they participate in contests that have for object the provision of places and charges of discretionary appointment.

6. Persons who, in accordance with the provisions of paragraph 4 of this Article, hereinafter referred to as a judicial career in limited competition pursuant to paragraph 3, may not occupy places corresponding to a court order or a separate specialty, unless they exceed the tests of specialisation provided for in this law in the field of administrative, social or commercial matters.

7. Vacancies which are not covered by this procedure shall be increased to the shift of selective testing and specialisation, if they are convened, or, in other cases, to seniority.

8. In the case of administrative and social disputes, the number of specialist magistrate seats shall not exceed that of the number of vacancies on the date of the call. '

Seventy-three. Article 312 (1) is amended as follows:

" Article 312.

1. The selective tests for the promotion of the category of judge to that of the magistrate in the civil and penal jurisdictional orders will be held in the Judicial School, and will tend to appreciate the degree of ability and the legal formation of the candidates, as well as their knowledge in the different branches of the law. They may consist in carrying out studies, overcoming courses, drawing up opinions or resolutions and defending them before the Court, dealing with subjects and responding to observations which the Court has made or in other similar exercises. '

Seventy-four. Article 313 is amended to read as follows:

" Article 313.

1. The General Council of the Judiciary shall, at the time of convening the merit contests referred to in Article 311, approve the bases to be held for the holding of the same, in which it shall have the maximum score according to the scale set out in the following paragraph.

2. The scale shall establish the assessment of the following merits:

(a) Degree of Bachelor of Law with a higher than approved qualification, including the academic record.

b) Degree of Doctor of Law and qualification achieved in obtaining it, including the academic record.

c) Years of effective practice of law before courts and tribunals, opinions issued and advice provided.

d) Years of effective service as professors or as professors of legal disciplines in public universities or similar categories in private universities, with full-time dedication.

e) Years of service as a career officer in any other public administration bodies for whose entry it is expressly required to be in possession of the title of Doctor or Licensed in Law and involve intervention in the Courts of Justice, in the Fiscal Career or in the Body of Judicial Secretaries, served destinations and functions performed in them.

f) Years of effective judicial functions without belonging to the Judicial Career and the number of decisions given, and the quality of the judgments.

g) Scientific-legal publications.

h) Ponences and communications in congresses and courses of relevant legal interest.

i) Realization of courses of legal specialization of duration not less than three hundred hours, as well as the obtaining of the research proficiency accredited by the National Agency of Quality and Accreditation.

j) Have approved any of the exercises that integrate the free shift access tests to the Judicial Career.

3. Practical tests relating to the drawing up of an opinion to enable the court to assess the suitability of the candidate shall also be included in the bases.

4. The General Council of the Judiciary shall, at the time of convening the contest, determine the maximum score of the merits of each of the letters of paragraph 2 above, so that it does not exceed the maximum which is attributed to the sum of two more. The score of the merits referred to in paragraphs (c), (d), (e) and (f) of that paragraph shall not be less than the maximum which is attributed to any other merits of the other letters of the same paragraph.

5. It is only for the court to assess the merits which, when they are included in the scale, relate to the matters of the court or tribunal referred to in the invitation to tender, provided that they have been duly accredited by the person concerned.

6. The bases shall provide the necessary forecasts to enable the court to be aware of how many incidents have been affected by the contestants during their professional life and which may be of importance in assessing their suitability in the performance of the judicial function.

7. In order to assess the merits referred to in paragraph 2 of this Article, which would have been adduced by the applicants, the basis of the calls shall establish the power of the court to summon the candidates or those who initially reach a certain score for an interview, of a maximum duration of one hour, in which the merits of the candidate and his professional "résumé" shall be discussed. The exclusive object of the interview will be to accredit the reality of the legal training and the ability to enter the Judicial Career, which has been invoked through the alleged merits, and will not be able to become a general examination of legal knowledge.

8. On the basis of this, the assessment of the professional merits will be established, which will be shown on the occasion of the interview.

Such an assessment shall be limited to the increase or decrease of the initial score of those in the maximum proportion to be fixed, without prejudice to the provisions of paragraph 10 of this Article.

9. The court shall draw up a sufficiently expressive record of the content and the result of the interview, in which the criteria applied for the final qualification of the candidate shall be expressed.

10. On the basis of the procedure, the court shall be established to exclude a candidate for not having jurisdiction in the quality of legal competence, whether due to insufficient or insufficient ability to deduct the objective data from the file, as there are circumstances involving a demerit which is incompatible with that condition, even if it has exceeded the minimum required score on the basis of the scale set. In this case, the agreement of the court will be motivated separately from the proposal, to which it will be accompanied, and will be notified to the interested party by the General Council of the Judiciary.

11. The Council may, on a reasoned basis, reject a candidate, after hearing, in spite of the favourable proposal of the qualifying court, provided that, after that, there has been a knowledge of a circumstance which would lead to an insuperable demerit. '

Seventy-five. Article 326 has the following wording:

" Article 326.

1. The promotion and professional promotion of judges and magistrates within the Judicial Career will be based on the principles of merit and capacity, as well as on the suitability and specialization for the exercise of the jurisdictional functions corresponding to the different destinations.

2. The provision of destinations for the Judicial Race shall be made by contest, in the form that determines this law, except those of the Presidents of the Audiences, Supreme Courts of Justice and National Hearing and Presidents of the Chamber and Magistrates of the Supreme Court.

3. The General Council of the Judiciary may, by means of a reasoned agreement, not temporarily remove certain vacancies, provided that they are adequately served by substitute magistrates or substitute judges, where the needs of the Administration of Justice advise giving preference to others of greater difficulty or workload. "

Seventy-six. A new wording is given to Article 327, which has the following wording:

" Article 327.

1. The elected representatives will not be able to attend, nor will those who are in a situation of those provided for in this law be prevented from doing so.

2. Nor may the judges and magistrates who do not carry in the occupied destination the time that is regulated by the General Council of the Judicial Branch, taking into account their nature and the needs of the Administration of Justice, without in any case being less than one year in forced destination and two on a voluntary basis.

3. However, in other cases, the General Council of the Judicial Branch may, by reasoned decision, defer the effectiveness of the provision of a judge's or magistrate's place where the person who has won the contest to that place should devote preferential attention to the organ of provenance served by the delays caused by reason of the contest. Such adjournment shall have a maximum duration of three months, after which, if the situation of pendency has not been resolved in the terms laid down in the reasoned decision of adjournment, the judge or magistrate shall forfeit his right to the new destination. '

Seventy-seven. Article 329 is amended as follows:

" Article 329.

1. The competitions for the provision of the courts will be resolved in favor of those who, having the necessary category, have better place in the ladder.

2. The competitions for the provision of the Courts of the Contentious-Administrative or the Social, will be resolved in favor of those who, having the category of specialist magistrate in the respective jurisdictional orders or having belonged to the extinguished Body of Labor Magistrates, for the Social ones, have better place in their scale. Failing that, they shall be covered by magistrates who have served at least three years of service, within five years before the date of the convocation, in the administrative or social proceedings, respectively. In the absence of such information, they shall be covered by the order of seniority referred to in paragraph 1. Those who obtain a place must participate before they take possession of their new destination in the specific training activities that the General Council of the Judicial Branch will establish regulations for the cases of change of court order. In the event that the vacancies are to be filled by promotion, the General Council of the Judicial Branch shall also establish specific and mandatory training activities to be carried out before the taking of such destinations by those judges to whom it is appropriate to ascend.

3. The competitions for the provision of the Juvenile Courts will be resolved in favor of those who, having the category of magistrate and crediting the corresponding specialization in matters of minors in the Judicial School, have better place in their ladder. Failing that, they will be covered by magistrates who have served at least three years of service, within five years before the date of the convocation, in the jurisdiction of minors. In the absence of such information, they shall be covered by the order of seniority referred to in paragraph 1.

Those who got the place, as well as those who obtained it when the vacancies had to be covered by promotion, must participate before they take possession of their new destination in the activities of specialization in the field of minors established by the General Council of the Judicial Branch.

4. The competitions for the provision of the Courts of the Mercantile will be resolved in favor of those who, by crediting the specialization in the own affairs of those Courts obtained by overcoming the tests of specialization that the General Council of the Judicial Branch will regulate, have better place in their scale. Failing that, they will be covered with the magistrates who prove to have stayed for more years in the civil jurisdictional order. In the absence of these, by the order of seniority laid down in paragraph 1.

Those who obtain a place must participate before they take possession of their new destination in the specific training activities that the General Council of the Judicial Branch will regulate.

In the event that the vacancies are to be covered by promotion, the General Council of the Judicial Branch shall also establish specific and mandatory training activities to be carried out before the taking of such destinations by those judges to whom it is appropriate to ascend.

5. The competitions for the provision of places of the Central Courts of Instruction, Central of the Criminal, Central of Minors and of Penitentiary Surveillance will be resolved in favor of those who come providing services in the criminal court order during the eight years immediately prior to the date of the convocation; in defect of this criterion, in favor of who is better placed in the ladder.

The competitions for the provision of seats of the Central Courts of the Administrative-Administrative Court will be resolved in favor of those who have the specialty in that court order; in their absence, for those who come to provide services in that order during the eight years immediately prior to the date of the call; and in default of these criteria, for the one who is better placed on the ladder. In the latter case, those who obtain a place must participate before they take possession of their new destination in the specific training activities that the General Council of the Judicial Branch will establish regulations for the cases of change of court order.

6. The members of the judicial career who, who are assigned to the Courts of the Administrative Court, Courts of the Social, Courts of the Commercial or Court of First Instance with powers in commercial matters, acquire the status of a specialist in their respective orders, may continue at their destination.

Seventy-eight. A new wording is given to Article 330, in the following terms:

" Article 330.

1. The competitions for the provision of the seats of magistrates of the Chambers or Sections of the National Court, of the Supreme Courts of Justice and of the Audiences will be resolved in favor of those who, having the necessary category, have better place in the ladder, without prejudice to the exceptions that establish the following sections.

2. In each Chamber or Section of the Administrative-Administrative Court of the High Courts of Justice, one of the places shall be reserved to a magistrate who is a specialist in such a judicial order, preferably of which he is best placed on his ladder. If the Chamber or Section is composed of five or more magistrates, the number of places covered by this system shall be two, with the same proportion in the successive increases. However, if a member of the Chamber or Section acquires the status of specialist in this order, he/she may continue at his/her destination until the first specialist vacancy to be produced is awarded to him. In competitions for the provision of the rest of the places, preference shall be given to those magistrates who are serving in that court order during the eight years immediately preceding the date of the call.

3. In each Chamber or Social Section of the High Courts of Justice, one of the places shall be reserved to a magistrate who is a specialist in such a court order or who has belonged to the extinguished Labour Magistrates ' Body, with the preference of the one who is best placed on his ladder. If the Chamber or Section is composed of five or more magistrates, the number of places covered by this system shall be two, with the same proportion in the successive increases.

However, if a member of the Chamber or Section acquires the status of a specialist in this order, you may continue at your destination until you are awarded the first specialist vacancy. In competitions for the provision of the rest of the places, preference will be given to those magistrates who come to their services in that court order during the eight years immediately prior to the date of the call.

4. In the Civil and Criminal Chambers of the Superior Courts of Justice, one out of every three places will be covered by a jurist of recognized prestige with more than 10 years of professional exercise in the autonomous community, appointed on a proposal of the General Council of the Judiciary on a term presented by the Legislative Assembly; the remaining places will be covered by magistrates appointed on a proposal of the General Council of the Judicial Branch among those who have been in the category and in the civil or criminal court order and have special knowledge in civil law, foral or special, of the Autonomous Community.

In the case of the appeal sections referred to in Article 73.6, the seats in those sections shall be covered in accordance with the provisions of that Article.

When the sensitive and continuous difference in the volume of work of the different Chambers of the Supreme Courts of Justice advises, the magistrates of any one of them, with the favorable agreement of the Chamber of Government prior to the proposal of the President of the Court, may be assigned by the General Council of the Judiciary, totally or partially, and without it means any increase in remuneration, to another Chamber of the same Superior Court of Justice. For the membership, the seniority will be valued in the scale and the specialty or experience of the affected magistrates and, if possible, their preferences.

5. Competitions for the provision of Provincial Hearings will be in accordance with the following rules:

(a) If there are several sections and these are divided by jurisdictional orders, the contest shall be preferred by those magistrates who are serving in the relevant court for the six years immediately preceding the date of the call. The age in mixed organs will be computed in half to these single effects.

b) If there are one or more sections of the Provincial Hearings, which are aware of the second instance of the appeals against all kinds of resolutions handed down by the Courts of the Commercial, they will have a preference in the contest for the provision of their places, those Magistrates who, by crediting the specialization in the matters of their own courts, obtained by overcoming the selective tests that the General Council of the Judicial Branch will regulate, have a better place in their scale. Failing that, they will be covered with the magistrates who prove to have stayed longer in the civil court order. In the absence of these, by the magistrates who prove to have stayed longer in mixed jurisdictional bodies.

6. In the absence of the criteria set out in paragraphs 2 to 5, the provision of seats shall be settled in accordance with the provisions of paragraph 1 of this Article.

7. The competitions for the provision of seats in the National Court rooms will be resolved in favor of those who have the corresponding specialization in the respective order; in their absence for those who come by providing services in the corresponding judicial order during the eight years immediately prior to the date of the call; and in default of all these criteria, for whom he has better placed on the ladder.

The provision of seats in the Appeals Chamber of the National Court will be resolved in favor of those who, with more than 15 years of seniority in the race, have served at least 10 years in the criminal court order, preferring among them those who have the status of a specialist.

8. In the case of administrative and social disputes, the number of specialist magistrate seats shall not exceed that of the number of vacancies on the date of the call. '

Seventy-nine. New wording is given to Article 333, the content of which will be as follows:

" Article 333.

1. The seats of the President of the Chamber of the National Court, as well as those of the President of the Chamber of the Supreme Courts of Justice, shall be provided, for a period of five years, on a proposal from the General Council of the Judiciary, between Magistrates who have served 10 years of services in this category and eight years in the judicial order in question. Nevertheless, the Presidency of the Court of Appeal of the National Court will be provided among magistrates with more than 15 years of seniority in the career who have served at least 10 years in the criminal court order, preferring among them to the one who has the status of specialist. The President of the Section of the National Court, Supreme Courts of Justice and Provincial Hearings will be covered by contest, which will be resolved in accordance with the rules laid down in Article 330.

2. Such Presidencies may not be granted access to such Presidencies who are subject to disciplinary disciplinary proceedings for serious or very serious misconduct, the record of which has not been cancelled. "

Eighty. Article 335 (1) is hereby worded as follows:

" 1. The seats of the President of the Chamber of the National Court shall be provided in the manner provided for in Article 333. "

Eighty-one. The following wording is given to the initial paragraph of Article 338:

"The Presidents of the National Court, the High Courts of Justice, the Audiences, the National Court and the Chamber of the Supreme Courts shall cease for any of the following reasons:"

Eighty-two. Article 339 is worded as follows:

" Article 339.

The President of the National Court and the Presidents of the High Courts of Justice, when they cease to be in office, shall be assigned, at their choice, to the Court or Hearing in which they cease or to the one from which they came to their last destination, until the award of the corresponding place of which they have chosen, taking precedence, in addition, during the three years following the cessation, to any place of their category from which they must be provided by voluntary contest not reserved for specialist. "

Eighty-three. A new wording is given to Article 340, in the following terms:

" Article 340.

The Presidents of the Chamber of the National Court, the Presidents of the Chambers of the Supreme Courts of Justice and the Presidents of the Provincial Hearings shall be assigned, at their choice, to the Court or Hearing in which they cease or to the one from which they came at their last destination, until the award of the corresponding place of which they have chosen, taking precedence, in addition, during the two years following the cessation, to any place of their category from which they must be provided by voluntary contest not reserved for specialist. "

Eighty-four. Article 344 shall be amended as follows:

" Article 344.

Of every four places reserved for the Judicial Race, they will correspond:

(a) Two to magistrates who have acceded to the category by means of the corresponding selection tests in the civil and criminal court order or which exceed them by holding that category, or, according to the jurisdictional order, two to magistrates who are specialists in the judicial-administrative and social judicial order or who belong in the latter case to the extinct Working Magistrates ' Body. In this shift it will take 15 years in the Race and only five in the category.

For the purposes of the reservation of places in the civil court order, the magistrates who have passed the tests of specialization in commercial matters will be equated to those who have passed the tests of selection in the civil court order.

(b) Two to magistrates meeting the general conditions for access to the Supreme Court as set out in the previous article. "

Eighty-five. Article 348 is amended as follows:

" Article 348.

Judges and magistrates can be found in one of the following situations:

a) Active service

b) Special Services

c) Voluntary Exceding

d) Suspension of functions. "

Eighty-six. Article 349 is amended as follows:

" Article 349.

" 1. Judges and magistrates shall be in active service when they occupy a place corresponding to the Judicial Career, when they are provisionally attached, when they have been appointed as assistant judges, or when they have been granted temporary secondment.

2. Where the removal or conversion of a place from which a judge or magistrate is entitled to change is made, the court shall be attached to the President of the High Court of Justice, in accordance with the terms laid down in Article 1182 and 3. '

Eighty-seven. A new wording is given to Article 350, in the following terms:

" Article 350.

1. The General Council of the Judiciary may confer a commission of service to judges and magistrates, which may not exceed one year, which may be extended by another year:

(a) to provide services in another court or tribunal, with or without function relief;

b) to provide services at the Ministry of Justice, with or without function relief;

(c) to participate in international legal cooperation missions, where the declaration of special services does not apply.

2. The service commissions require the conformity of the person concerned, as well as the report of his superior and that of the Inspection Service of the General Council of the Judicial Branch. Only if the prevailing interest in the service and the needs of the Administration of Justice permit it, can it be conferred on a reasoned decision. '

Eighty-eight. Article 351 is amended as follows:

" Article 351.

Judges and magistrates will be declared in the situation of special services:

(a) When appointed as President of the Supreme Court, Prosecutor General of the State, Vocal of the General Council of the Judiciary, Magistrate of the Constitutional Court, Ombudsman or his Adjuntos, Counsellor of the Court of Auditors, Counsellor of State, President or Vocal of the Court of Defense of the Competition, Director of the Agency for Data Protection or member of High International Courts of Justice, or members of the equivalent organs of the Autonomous Communities.

(b) When authorized by the General Council of the Judiciary to carry out an international mission for a given period of more than six months, in international organizations, foreign governments or public entities or in international cooperation programs, upon declaration of interest by the Ministry of Foreign Affairs.

(c) When they acquire the status of officials at the service of international or supranational organizations.

(d) When they are appointed to the service of the Court of Justice of the European Communities, the Constitutional Court, the General Council of the Judicial Branch or the Supreme Court, or the Supreme Court's Technical Cabinet, or be attached to the service of the Ombudsman or equivalent organ of the Autonomous Communities.

e) When they serve, by virtue of appointment by royal decree, or by decree in the autonomous communities, in positions that do not rank higher than the general director. "

Eighty-nine. Article 352 is amended as follows:

" Article 352.

Supreme Court Magistrates will be declared in the special services situation if they are appointed to perform any of the following charges:

a) Vocal of the General Council of the Judiciary.

b) Magistrate of the Constitutional Court.

c) Member of High International Courts of Justice.

d) State Attorney General. "

Ninety. Article 353 is amended as follows:

" Article 353.

The situation of special services shall be declared ex officio by the General Council of the Judicial Branch, or at the request of the person concerned, once the assumption that determines it is verified, and with effect from the time the corresponding appointment was made. "

Ninety-one. A new wording is given to Article 354, which happens to have the following content:

" Article 354.

1. Judges and magistrates in the situation of special services shall receive the remuneration of the post or position they perform, without prejudice to the right to pay for their seniority in the judicial career.

2. Judges and magistrates in the situation of special services shall be taken into account as long as they remain in such a situation for the purposes of promotions, seniority and passive rights. They shall be entitled to the reservation of the place which they occupy when they move to that situation or which they may obtain during their stay in the place. "

Ninety-two. A new wording is given to Article 355, which happens to have the following content:

" Article 355.

By ceasing in the position or determining position of the special services situation, you must request the return to the active service within a maximum of 10 days from the following to the end and join your destination within 20 days immediately following; if you do not do so, you will be declared in a situation of voluntary leave with effect from the day on which you ceased in the position or position held. Re-entry shall have economic and administrative effects from the date of the application. '

Ninety-three. A new wording is given to Article 356, which happens to have the following content:

" Article 356.

You will proceed to declare in the situation of voluntary leave, at the request of the judge or magistrate, in the following cases:

a) When you are in active service situation in a body or scale of public administrations or in the tax race.

(b) When you are charged or services in public sector bodies or entities, and do not correspond to you in another situation. In this case, the cessation of the service or service must be requested for the return on the active duty within the maximum period of 10 days from the following to the end of the service. If you do not do so, you will be declared on a voluntary basis of interest.

(c) For particular interest, provided that it has provided services in the judicial career during the five years immediately preceding it, without being able to remain in this situation for less than two years.

The declaration of this situation will be subordinated to the needs of the Administration of Justice. It may not be declared when the judge or magistrate has been instructed to disciplinary proceedings.

(d) For the care of children, for a period of not more than three years to serve each child, whether by nature, adoption, permanent or pre-adoption, to be counted from the date of birth or from the date of the judicial or administrative decision that agrees, respectively. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. When the father and the mother work, only one can exercise this right.

(e) They shall also be entitled to a period of leave of absence, of a duration not exceeding one year, in order to take care of the care of a relative who is in charge, up to the second degree of consanguinity or affinity, which, for reasons of age, accident or illness, cannot be used by itself and does not carry out paid activity.

The period of excess will be unique for each causative subject. When a new subject causing a new leave of absence, the beginning of the period of the same period will end the one who has been enjoying himself.

This surplus and the regulation in the previous paragraph constitute an individual right of the members of the judicial career. In the event that two of its members generate the right to enjoy them for the same deceased subject, the General Council of the Judiciary may limit its simultaneous exercise for justified reasons relating to the needs and functioning of the services.

f) When appointed for political or trust office, except for the assumptions set out in Article 351, or when he is present as a candidate in elections to access representative public offices in the European Parliament, Congress of Deputies, Senate, Legislative Assemblies of the Autonomous Communities or local corporations. If he is not elected, he must choose, thus communicating to the General Council of the Judiciary, within thirty days, to continue in the situation of voluntary leave or to re-enter the active service. "

Ninety-four. A new wording is given to Article 357, which happens to have the following content:

" Article 357.

When a Magistrate of the Supreme Court applies for voluntary leave and is granted, he shall lose his status as such, except in the case provided for in paragraph (d) of the preceding article. In other cases it shall be integrated, in a situation of voluntary leave, within the category of Magistrate. "

Ninety-five. A new wording is given to article 358, which happens to have the following content:

" Article 358.

1. The voluntary surplus, in its various forms, does not produce a reserve of place. The judge or magistrate, as long as he is in it, shall not be paid or shall be taken into account for the time which has remained in such a situation for the purposes of promotions, seniority and liabilities, except as provided for in paragraph 2 of this Article and in accordance with the rules of passive classes.

2. Except as provided for in the preceding paragraph, voluntary leave for the care of the child and care for a family member referred to in paragraphs (d) and (e) of Article 356, in which the period of residence in such situations shall be computable for the purposes of triennial and liability. During the first year, the reserve shall be entitled to the place in which they exercise their functions and to the computation of seniority. After this period, the reserve shall be placed in the same province and in the same category, and must, in the month before the end of the maximum period of stay in the same province, apply for re-entry to the active service; if not, it shall be declared ex officio in the situation of voluntary leave of interest.

3. Those who are in the situation of leave of absence referred to in paragraph (f) of Article 356, if they apply for re-entry to the active service, shall be assigned to the President of the High Court of Justice of the Autonomous Community of their last destination, taking precedence to obtain their status in the province or, failing that, the Autonomous Community of that last destination. "

Ninety-six. A new wording is given to article 359, which happens to have the following content:

" Article 359.

1. The re-entry into the active service of the judge or magistrate in a situation of voluntary leave of interest for a duration of more than 10 years will require the prior declaration of aptitude by the General Council of the Judiciary, who will collect the reports and practice the necessary actions for their verification.

2. Judges and magistrates in administrative situations of voluntary leave applying for re-entry to the active service and, where appropriate, obtaining a corresponding declaration of aptitude, shall be obliged to participate in all competitions which are announced to cover seats in their category until they are awarded. If they do not do so, they shall be declared on a voluntary leave of absence in the interests of the individual concerned, the declaration of aptitude having been produced without effect. '

Ninety-seven. A new wording is given to Article 360, which happens to have the following content:

" Article 360.

Once the judge or magistrate in a situation of voluntary leave for the cause provided for in paragraph (f) of Article 356 has been reinstated to the active service, he shall not, for the following five years, have access to the judicial career other than those provided for by strict seniority. "

Ninety-eight. A new wording is given to Article 361, which happens to have the following content:

" Article 361.

1. The judge or magistrate shall be declared in a situation of suspension of duties, provisional or final, in the cases and in the manner established in this Law.

2. The suspended judge or magistrate shall be deprived of the exercise of his duties for the duration of the suspension. '

Ninety-nine. A new wording is given to Article 362, which happens to have the following content:

" Article 362.

1. The provisional suspension may be agreed during the processing of a judicial or disciplinary procedure.

2. The provisional suspension during the processing of a disciplinary procedure may not exceed six months, except in the case of a cessation of the proceedings for which the person concerned is liable. "

Hundred. A new wording is given to Article 363, which happens to have the following content:

" Article 363.

The provisional suspense shall be entitled to receive its basic remuneration, except in the case of a cessation of the disciplinary proceedings for which it is attributable to it, which shall result in the loss of any remuneration while such cessation is maintained. Likewise, there will be no evidence of any failure to appear or of rebellion. "

One hundred. A new wording is given to Article 364, which happens to have the following content:

" Article 364.

Where the suspension is not definitively declared and the separation is not agreed, the duration of the suspension shall be counted as an active duty and the immediate incorporation of the suspense into its place shall be agreed upon, with the recognition of all economic rights and other rights that have taken place from the date on which the suspension produced effects. "

One hundred two. Article 365 is amended as follows:

" Article 365.

1. The suspension shall be final when it is imposed by virtue of conviction or disciplinary sanction, the time of provisional suspension being computed.

2. The final suspension of more than six months shall mean the loss of the destination. The vacancy produced shall be covered in ordinary form.

3. The definitive suspension shall mean the deprivation of all the rights inherent in the condition of a judge or magistrate until, if necessary, reentry into the active service.

4. As long as the period of suspension does not elapse, no change of administrative situation shall take place. '

One hundred three. A new wording is given to Article 366, which happens to have the following content:

" Article 366.

1. The judge or magistrate will definitely have to apply for the return to the active service one month before the end of the suspension period. Re-entry will produce economic and administrative effects from the date of extinction of criminal or disciplinary responsibility.

2. If the time referred to in the preceding paragraph is not requested, he shall be declared on a voluntary basis of interest, with effect from the date of the end of the period of suspension. '

One hundred four. A new wording is given to article 367, which happens to have the following content:

" Article 367.

1. Reentry into the active service of the sussantas will require the prior declaration of aptitude by the General Council of the Judicial Branch, who will collect the reports and practice the necessary actions for their verification.

2. After the aptitude declaration, the judge or magistrate shall be obliged to take part in all competitions which are announced to cover seats in their category until they obtain a destination. If you do not do so, you will be declared on a voluntary basis of interest, with the declaration of aptitude being left without effect. "

One hundred five. A new wording is given to Article 368, which happens to have the following content:

" Article 368.

The concurrency of requests for the award of vacancies between those who must re-enter the active service will be governed by the following order:

a) Suspense.

b) Reenabled.

c) Surplus volunteers. "

One hundred six. A new wording is given to article 369, which happens to have the following content:

" Article 369.

The change of the administrative situation in which the judges or magistrates are found may take place provided that the conditions required in each case are met without the need for reentry into the active service. "

One hundred seven. Article 370 is worded as follows:

" Article 370.

1. Judges and magistrates shall reside in the population in which the court or tribunal is situated which serve and may not be absent from the constituency in which they perform their duties, except where required by the performance of their judicial duties or use of leave or leave.

2. The Governing Board of the Court of which they are dependent may, on grounds of justified reasons, authorise residence in a different place, provided that it is compatible with the exact fulfilment of the duties of the office.

3. The effect of this article shall not be deemed to be absent for the purposes of travel outside its headquarters by magistrates or judges who are not unique or are not on their guard, from the end of the hours of hearing on the day before the opening of the first working day following the opening of the hearing. '

One hundred eight. A new wording is given to Article 373, in the following terms:

" Article 373.

1. Judges and magistrates will be entitled to a 15-day marriage licence.

2. They shall also be entitled to a licence in the case of childbirth, adoption and acceptance of both pre-adopted and permanent, the duration and conditions of which shall be governed by the general legislation in this field. The General Council of the Judiciary, by means of a regulation, will adapt this regulation to the particularities of the judicial career.

In the case of international adoption, where the parents ' prior travel to the country of origin of the adoptee is necessary, the permit provided for in this Article may be initiated up to four weeks before the decision making the adoption.

3. They shall also be entitled to leave, without limitation, to carry out studies relating to the judicial function, subject to a favourable report by the President of the Court, which shall take into account the needs of the service.

Finalized the license, will be raised to the General Council of the Judicial Power memory of the works performed, and if its content is not enough to justify it, the license will be compensated with the time that is determined from the holiday of the interested party.

4. They will also be able to enjoy three-day permits, without them being able to exceed six permits in the calendar year, not one a month.

In order to be granted, the petitioner must justify the need to the respective superiors, who will have to obtain authorization, who will be able to refuse them when they coincide with statements, views or deliberations unless it is justified that the request is due to an unforeseen or urgent cause.

5. By the birth of a child or by the death, accident or serious illness or hospitalization of the spouse, a person to whom he or she is united by a similar relationship of affectivity or a relative within the first degree of consanguinity or affinity, the judges or magistrates may have a three-day permit, unless there is a need to make a move to the effect, in which case it shall be five days.

These permits will be reduced to two and four days, respectively, when the death and other circumstances identified affect family members in the second degree of affinity or consanguinity. "

One hundred nine. New wording is given to Article 401, in the following terms:

" Article 401.

According to the provisions of Article 127 of the Constitution, the right of professional association of judges and magistrates members of the Judicial Race is recognized, which will be exercised according to the following rules:

1. The associations of judges and magistrates will have legal personality and full capacity to fulfill their aims.

2. The defence of the professional interests of its members in all aspects and the carrying out of activities for the service of Justice in general may be lawful for the purpose of lawful purposes. They will not be able to carry out political activities or have links with political parties or trade unions.

3. The associations of judges and magistrates must have national scope, without prejudice to the existence of sections whose scope coincides with that of a Superior Court of Justice.

4. The judges and magistrates may freely associate themselves or not with professional associations.

5. Only those who have the status of judges and magistrates in active service may be part of them. No judge or magistrate may be affiliated with more than one professional association.

6. The professional associations of judges and magistrates of the Judicial Race will be validly constituted since they are registered in the register that will be brought to the effect by the General Council of the Judiciary. The registration shall be applied at the request of any of the promoters, to which the text of the statutes and an affiliate relationship shall be accompanied.

Only registration may be refused if the association or its statutes do not comply with the legally required requirements.

7. The statutes must express at least the following terms:

a) The name of the association.

b) Specific ends.

c) Organization and representation of the association. Its internal structure and operation must be democratic.

d) Membership scheme.

e) Economic means and quota arrangements.

f) Formas of choosing the management positions of the association.

8. The suspension or dissolution of professional associations shall be subject to the arrangements established for the right of association in general.

9. The rules governing the right of association in general are to be applied in a supplementary way. "

One hundred ten. Article 403 is worded as follows:

" Article 403.

1. The remuneration regime of judges and magistrates shall be based on the principles of objectivity, equity, transparency and stability, taking into account their commitment to the role of the court, the category and the time of service. The responsibility for the job and the job will also be paid.

2. In any event, the remuneration of judges and magistrates shall be integrated, in general, by a fixed component and another variable by objective, which specifically values their individual performance.

3. Fixed remuneration, which will be broken down into basic and complementary, will pay for the category and seniority of each of its members ' judicial career, as well as the objective characteristics of the places they occupy.

They are basic salaries and seniority. Complementary remuneration is the complement of the target and the specific supplement.

4. Variable remuneration for objectives shall be linked to the individual performance accredited by each judge or magistrate in the performance of their judicial and professional duties.

5. In addition, judges and magistrates will be able to receive special remuneration for on-call services, extraordinary services without the relief of functions and replacements.

6. A law shall, in accordance with the provisions of the preceding paragraphs, develop the remuneration of members of the judicial career. "

One hundred and eleven. Article 404 is worded as follows:

" Article 404.

Together with the other items corresponding to the remuneration of judges and magistrates, the General Budget of the State shall contain an annual consignment for the allocation of the judges of peace, other attention of judicial personnel to the provisions of this law and other requirements of the Administration of Justice. "

One hundred twelve. A new wording is given to Article 410, with the following wording:

" Article 410.

In the event that any of the parties to a process, or a person who has an interest in the process, make a complaint against the judge or magistrate to be dealt with in that process, prior to the admission of the latter, the competent body for its instruction may obtain the records it deems appropriate in order to determine its own jurisdiction as well as the criminal relevance of the facts which are the subject of the same or the likelihood of the imputation. "

One hundred thirteen. Article 417 is amended as follows:

" Article 417.

Very serious faults:

1. The conscious breach of the duty of fidelity to the Constitution established in article 5.1 of this law, when it will be appreciated in a firm sentence.

2. Membership of political parties or trade unions, or the performance of jobs or service charges.

3. The repeated provocation of serious clashes with the authorities of the district in which the judge or magistrate is responsible for reasons other than the exercise of the judicial function.

4. The interference, by orders or pressures of any kind, in the exercise of the jurisdiction of another judge or magistrate.

5. The actions and omissions that have resulted in a firm statement to a declaration of civil liability in respect of the exercise of the function by intent or gross fault according to Article 411 of this law.

6. The exercise of any of the activities incompatible with the office of a judge or magistrate, established in Article 389 of this law, except those which may constitute a serious misconduct in accordance with the provisions of Article 418.14 thereof.

7. To cause the appointment itself for courts and tribunals when one of the situations of incompatibility or prohibition provided for in Articles 391 to 393 of this law is present, or to remain in the performance of the office in those organs without bringing to the attention of the General Council of the Judiciary the circumstances necessary to proceed to the forced transfer provided for in Article 394.

8. The failure to observe the duty of abstention, knowing that some of the legally intended causes are present.

9. The lack of attention or delayed and repeated delay in the initiation, processing or resolution of processes and causes or in the exercise of any of the judicial powers.

10. The abandonment of service or the unjustified and continuous absence, for seven calendar days or more, of the seat of the judicial body in which the judge or magistrate is assigned.

11. Lack of the truth in the application for obtaining permits, authorizations, declarations of compatibility, diets and economic aids.

12. The disclosure by the judge or magistrate of facts or data known in the exercise of his or her function or on the occasion of his/her function, when any prejudice to the processing of a process or to any person is caused.

13. The abuse of the status of judge to obtain a favorable and unjustified treatment of authorities, officials or professionals.

14. The inexcusable ignorance in the fulfillment of the judicial duties.

15. The absolute and manifest lack of motivation of the judicial decisions that require it, provided that such a fault has been appreciated in a firm judicial resolution. If the unmotivated decision is not subject to appeal, the complaint of who was a party to the proceedings shall be a requirement.

16. The commission of a serious misconduct when the judge or magistrate has previously been sanctioned by two other serious persons, who have acquired firmness, without the cancellation of the corresponding annotations, as laid down in article 427 of this law. "

One hundred and fourteen. Article 418 is amended as follows:

" Article 418.

Serious faults:

1. The lack of respect for the superiors in the hierarchical order, in their presence, in writing that they are directed or with publicity.

2. Interest, by any kind of recommendation, in the exercise of the judicial activity of another judge or magistrate.

3. To direct the powers, authorities or public officials or corporations official congrats or censures for their actions, invoking the condition of judge, or using this condition.

4. To correct the application or interpretation of the legal order made by the lower in the court order, except when acting in the exercise of jurisdiction.

5. The excess or abuse of authority, or serious lack of consideration with respect to the citizens, institutions, secretaries, medical examiners or other personnel in the service of the Administration of Justice, of the members of the Prosecutor's Office, lawyers and prosecutors, social graduates and officials of the Judicial Police.

6. The use in judicial decisions of unnecessary or improper expressions, extravagant or manifestly offensive or disrespectful from the point of view of legal reasoning. In this case, the General Council of the Judicial Branch shall only proceed with a preliminary testimony or a communication submitted by the superior court in respect of who issued the decision, and who is aware of the decision in the form of an appeal.

7. To cease to promote the requirement of disciplinary responsibility to the secretaries and subordinate auxiliary staff, when they know or should know the serious non-compliance for the same of the duties that correspond to them.

8. Disclose the judge or magistrate and outside the established judicial information channels, facts or data of those who are aware in the exercise of their function or on the occasion of the exercise of their function when it does not constitute the very serious lack of Article 417 (12) of this law.

9. The abandonment of the service or the unjustified and continuous absence for more than three calendar days and less than seven of the seat of the judicial body in which the judge or magistrate is assigned.

10. The unjustified and repeated non-compliance with the time of the public hearing and the unjustified inattendance of the procedural acts with a public hearing which are indicated, where it does not constitute a very serious failure.

11. The unjustified delay in the initiation or the processing of the processes or causes of the judge or magistrate in the exercise of his or her function, if it is not a very serious fault.

12. The non-compliance or lack of attention is repeated to the requirements that in the exercise of their legitimate powers the General Council of the Judiciary, the President of the Supreme Court, the National Court and the Supreme Courts of Justice or the Government Chambers, or the obstruction of their inspection functions.

13. Failure to comply with the obligation to draw up an undertaking or a list of cases pending in the case provided for in Article 317 (3) of this Law.

14. The exercise of any activity of the considered compatibilizable as referred to in Article 389.5. of this law, without obtaining when the relevant authorization is provided or having obtained it with lack of veracity in the alleged budgets.

15. The unjustified abstention, when declared by the Chamber of Government, in accordance with the provisions of Article 221.3 of this Law.

16. Adopt decisions that, with obvious procedural abuse, generate fictitious increases in the volume of work in relation to the measurement systems established by the General Council of the Judiciary.

17. Hinder inspection work.

18. The commission of a minor lack of character having been previously sanctioned by a final decision for two other minor ones without the cancellation of the corresponding entries, as laid down in Article 427, has been cancelled or proceeded. "

One hundred fifteen. A new wording is given to Article 419, in the following terms:

" Article 419.

They are minor faults:

1. The lack of respect for the hierarchical superiors when the circumstances that would qualify the conduct of serious misconduct are not present.

2. Neglect or disconsideration with equal or lower in the hierarchical order, with citizens, members of the Prosecutor's Office, medical examiners, lawyers and prosecutors, social graduates, with the secretaries or other staff providing services in the Judicial Office, or with the officials of the Judicial Police.

3. The unjustified or unmotivated non-compliance with the legally established time limits for a decision in any kind of matter known to the judge or magistrate.

4. The absence of an unjustified and continuous absence for more than one calendar day and less than four of the seat of the judicial body in which the judge or magistrate is assigned.

5. Attention is paid to the requirements that the General Council of the Judiciary, the President of the Supreme Court, the National Court, and the Supreme Courts of Justice or Government Chambers should perform in the exercise of their legitimate powers. "

One hundred and sixteen. The following wording is given to paragraph 1 (b) of Article 420:

"b) Multa up to 6,000 euros."

One hundred seventeen. A new wording is given to Article 421, in the following sense:

" Article 421.

1. They shall be competent for the imposition of penalties:

(a) For the sanction of warning, the President of the Supreme Court, the National Court, and the Superior Courts of Justice, the judges and magistrates who are dependent on them.

(b) For the penalty of fine or of warning and fine corresponding to minor faults, the Chambers of Government of the Supreme Court, the National Court and the Superior Courts of Justice with respect to the judges and magistrates dependent on each one of them.

(c) For the penalties for serious misconduct, the Disciplinary Commission of the General Council of the Judiciary.

d] For the very serious, the plenary session of the General Council of the Judiciary, on a proposal from the Disciplinary Commission.

2. However, the bodies referred to in the above rules may impose penalties of a lesser degree of gravity than those which are ordinarily attributed to them if, when examining a dossier which is initially attributed to their competence, the facts which are the subject of the case are to be considered to be of a lower disciplinary nature.

3. In the imposition of penalties by the competent authorities and bodies, the appropriate adequacy or proportionality shall be observed between the seriousness of the fact that the infringement has been established and the penalty applied. "

One hundred and eighteen. Article 422 is worded as follows:

" Article 422.

1. The warning sanction shall be imposed without further processing than the hearing of the data subject, subject to summary information.

Against the resolution that falls on that class of sanction, it may be subject to the sanction of a potestative nature, before going to the judicial-administrative, administrative appeal and the complainant, if necessary, to go to the administrative-administrative way in accordance with the rules of legitimization established in the law regulating the expressed jurisdiction.

2. The other penalties shall be imposed by the procedure laid down in the following Articles.

3. The sanctions referred to in Article 421.1 (d) of this Law shall be imposed by the Plenary Session of the General Council of the Judiciary, on a proposal from the Disciplinary Commission, and after hearing the judge or magistrate against whom the file is addressed, which may allege and present the documents it deems relevant within a period of not less than 10 days and not more than fifteen days if the proposal is separated from that formulated by the instructor. "

One hundred nineteen. A new wording is given to Article 423, which is worded as follows:

" Article 423.

1. The disciplinary procedure shall be carried out on its own initiative in all its formalities, and shall be initiated, by agreement of the Chamber of Government or President that corresponds to or, where appropriate, of the Disciplinary Commission or the Plenary Session of the General Council of the Judiciary, either on its own initiative, as a result of a reasoned order or request of a different organ, or of a complaint. It shall also be initiated at the request of the Prosecutor's Office.

2. Any denunciation of the operation of the Administration of Justice in general and of the action of the judges and magistrates in particular shall, within one month, be the subject of a report by the Head of the Inspection Service of the General Council of the Judicial Branch, in which the file may be proposed, the opening of information proceedings or the direct opening of disciplinary proceedings.

3. The reasoned decision given by the Chamber of Government or the Commission for disciplinary proceedings on the initiation of the file shall be notified to the complainant, who may not contest it on the administrative basis, without prejudice to the legitimation of the person concerned in the court.

If disciplinary proceedings are initiated, the complainant shall be notified of the decisions which fall and may make representations, but shall not resort to the decision of the file on an administrative basis, without prejudice to the legitimation which he or she has as an interest in the court.

4. A delegated instructor of the same category, at least, to that against which the procedure is addressed shall be appointed in the agreement to be initiated by the procedure. A secretary shall be appointed on the proposal of the delegated instructor. "

One hundred and twenty. Article 424 is amended as follows:

" Article 424.

1. The Disciplinary Commission of the General Council of the Judicial Branch, on its own initiative, heard by the delegated instructor or on a proposal from it, after hearing the judge or magistrate against whom the case is addressed and the Prosecutor's Office, within a common period of not more than five days, may agree to the provisional suspension of the expedited procedure for a maximum period of six months, when rational indications of the commission of a very serious lack appear.

2. Against the agreement referred to in the preceding number, the person concerned may bring an appeal before the General Council of the Judiciary in accordance with the terms laid down in Articles 142 and 143 of this Law. "

One hundred and twenty-one. Article 425 a is hereby established, with the following wording:

" Article 425 bis.

1. The rules on abstention and recusal laid down in Articles 28 and 29 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure shall apply to the delegated instructor and to the secretary of the disciplinary file.

2. The right of refusal may be exercised from the moment the person concerned has formal knowledge of the identity of the delegated instructor and the secretary.

3. Abstention and recusal shall be brought before the body that agreed to the appointment, which, after hearing the delegated instructor or the secretary, shall resolve within three days.

4. No appeal shall be made against the agreements adopted in the field of abstention and recusal, without prejudice to the fact that the person concerned may rely on the objection in the application lodged against the agreement to terminate the disciplinary proceedings. '

One hundred and twenty-two. A new Title V is added to book IV, consisting of a single article, the 433 bis, in the following terms:

" TITLE V

From the continuing training of judges and magistrates

Article 433 bis.

1. The General Council of the Judiciary will ensure that all Judges and Magistrates receive continuous, individualized, specialized and high quality training throughout their professional career.

2. The General Council of the Judicial Branch will establish a continuous training plan for the Judicial Career in which the objectives, contents, priorities and the multiannual programming of these actions will be detailed.

3. Each member of the Judicial Career will have a Specialized Plan in Continuing Training, through which the training objectives will be programmed individually, in five-year periods, guaranteeing the full adaptation to the legal innovations with an impact in the exercise of their judicial functions.

The fulfillment of the objectives of the Specialized Training Plan of each of the judges and magistrates will be evaluated by the General Council of the Judicial Branch in the form of regulations established, for the purposes of promotions and professional promotion.

4. The Judicial School shall develop the programmes and provide the training courses that integrate the Continuing Training Plan of the Judicial Career, and may therefore carry out training activities in a decentralized manner, in the autonomous or provincial field, and through collaboration, where appropriate, with entities and bodies that are experts in the delivery of the training in question. "

The current title V of book IV becomes Title VI.

One hundred and twenty-three. The current contents of the V book are replaced by the following:

" LIBRO V

From the judicial and judicial clerks

TITLE I

Regime of organization and operation of the administration in the service of judges and courts

CHAPTER I

From the judicial office

Article 435.

1. The Judicial Office is the instrumental organization that serves as support and support for the judicial activity of judges and courts.

2. The basic structure of the Judicial Office, which will be homogeneous throughout the national territory as a consequence of the unique character of the Power to which it serves, will be based on the principles of hierarchy, division of functions and coordination.

3. The judicial office will operate with criteria of agility, efficiency, efficiency, rationalization of work, responsibility for the management, coordination and cooperation between administrations, so that the citizens obtain a service that is close and of quality, with respect to the principles contained in the Charter of the Rights of the citizens to the Justice.

4. The posts of the Judicial Office may be covered only by staff of the Corps of officials at the service of the Administration of Justice, and shall be ordered in accordance with the provisions of the relations of employment.

" Article 436.

1. The basic organisational element of the structure of the Judicial Office shall be the unit, which shall comprise the posts of the Office, which are functionally linked by reason of their tasks.

2. Two types of units will be distinguished for their roles: direct support procedural units and common procedural services. The main activity of these units is determined by the application of procedural rules.

3. The design of the Judicial Office will be flexible. Its size and organisation shall be determined by the competent public administration in the light of the activity carried out therein.

4. The Office of the Judicial Office may lend its support to bodies of national, autonomous, provincial, judicial or municipality-level communities, extending its competence to those of the organs to which it provides support. Its competitive field may also be comarcal.

5. The units that make up the Office of the Judicial Office may perform their functions in the service of organs of the same jurisdiction, of several jurisdictions or of specialized organs, without, in any case, the scope of the Judicial Office, to modify the number and composition of the judicial bodies that constitute the judicial plant or the territorial division of the courts established by the law.

6. Judges and magistrates, in the cases whose knowledge they have attributed, may at any time require the official responsible for any information deemed necessary.

" Article 437.

1. For the purposes of this organic law, a procedural unit of direct support is understood to be the unit of the judicial office that directly assists judges and magistrates in the exercise of their own functions, carrying out the necessary actions for the exact and effective implementation of the decisions they make.

2. There will be as many procedural units of direct support as courts, or in their case, rooms or sections of courts are created and in operation, integrating together with their owners the respective judicial organ.

3. The direct support procedural units shall have a judicial secretary who shall exercise the powers and duties which are his or her own. For reasons of rationalisation of the service, the same judicial secretary may act in more than one of these units.

4. Each unit shall also have the necessary posts for the attention of the body concerned, in accordance with the court order to which it belongs, to be determined in the respective relations of employment.

5. The Ministry of Justice, following the report of the General Council of the Judiciary and the autonomous communities with assumed powers, will determine the basic endowments of these direct support procedural units, which will ensure, in any case, the proper functioning of the court.

" Article 438.

1. For the purposes of this law, it is understood by common procedural service, all that unit of the Judicial Office that, without being integrated into a specific judicial body, assumes centralized tasks of management and support in actions derived from the application of the procedural laws.

2. They shall lend their support to all or any of the judicial bodies in their territorial area, irrespective of the court order to which they belong and the extent of their jurisdiction.

3. The Ministry of Justice and the Autonomous Communities in their respective territories shall be competent for the design, creation and organization of the common procedural services, with functions of registration and distribution, acts of communication, judicial assistance, execution of judicial decisions and voluntary jurisdiction. The Government Chambers and the Boards of Judges may request the Ministry and the Autonomous Communities to create common services, in accordance with the specific needs.

They will also be able to create common procedural services that assume the order of the procedure or other functions other than those related to this issue, in which case the favorable report of the General Council of the Judiciary will be required.

4. In the light of the specific activity which they carry out, the common procedural services may be structured in sections, to which the corresponding posts are to be provided and, in turn, if the service so requires, in teams.

5. At the head of each common procedural service set up within the judicial office, there shall be a judicial secretary, who shall be functionally dependent on the other judicial secretaries and the staff assigned to the posts in which the service is ordered and which, in any event, must be sufficient and appropriate to the duties assigned to him.

6. The judicial secretary who directs a common procedural service shall enforce, in the organizational and functional field, the orders and circulars he receives from his hierarchical superiors. In the field of jurisdiction, they shall be responsible for strict compliance with any action or decision taken by judges or courts in the exercise of their powers.

7. The General Council of the Judiciary may lay down general criteria for the homogeneity of the proceedings of the common procedural services of the same class throughout the national territory, which may in no way affect the exercise of the judicial function or the powers of the public administrations in the field of the Administration of Justice.

CHAPTER II

Of the administrative units

" Article 439.

1. For the purposes of this law, it is understood by administrative unit that, without being integrated in the judicial office, it is constituted within the scope of the organization of the Administration of Justice for the leadership, ordination and management of the human resources of the Judicial Office on which they have competences, as well as on the computer media, new technologies and other material means.

In addition, within these units, the Ministry of Justice and the Autonomous Communities in their respective fields may establish common offices of support for one or more judicial offices, for the provision of services, the nature of which does not require the carrying out of functions entrusted as their own by this organic law to the officials of the Administration of Justice Bodies and which are deemed necessary or appropriate for the proper functioning of the services.

2. It is for each Administration in its own territorial area, the design, creation and organisation of the necessary administrative units and common support offices, the determination of its form of integration into the public administration concerned, its scope of action, hierarchical dependency, establishment of the jobs, as well as the allocation of the appropriations necessary for its implementation and operation.

3. The positions of these administrative units, whose determination will be the responsibility of the Ministry of Justice and the autonomous communities with assumed powers, in their respective fields, may be covered with personnel from the Corps of officials at the service of the Administration of Justice, the State Administration, and the autonomous communities that meet the requirements and conditions established in the respective employment relationship.

4. The officials who serve in the judicial offices, with the exception of the Judicial Secretaries, without prejudice to their functional dependence, are organically dependent on the Ministry of Justice or the autonomous communities with responsibilities assumed in their respective fields.

TITLE II

From the body of judicial secretaries

CHAPTER I

Personal Status

Article 440.

The judicial secretaries are civil servants who constitute a legal, single, national higher body, serving the administration of justice, which is dependent on the Ministry of Justice, and which exercises its functions with the character of authority.

Article 441.

1. In the Body of Judicial Secretaries there will be three categories, taking place in the same by the third category.

2. Every judicial secretary will have a personal category. In no case shall a judicial secretary of the third category qualify for a place of the former.

3. The consolidation of a personal category requires the performance of jobs corresponding to that category for at least five years, or seven with interruption.

4. A higher category may not be consolidated without having previously consolidated the lower category.

5. The consolidated category determines the payment of the salary corresponding to it, irrespective of the job being performed.

6. For these purposes, the Ministry of Justice shall establish the three groups in which the posts to be performed by the judicial secretaries shall be classified.

Article 442.

1. The officials of the Body of Judicial Secretaries shall be selected by means of the Ministry of Justice, through the opposition systems, which shall be the ordinary system of entry, or of free opposition, which shall be of exceptional character and in which the evidence of knowledge shall have a content similar to that of the free opposition. Both procedures must ensure, in any event, the principles of equality, merit, capacity and also of publicity, in the way in which it provides for this organic law and the regulatory provisions that develop it.

2. Fifty percent of the vacant positions of the Judicial Secretaries ' Body will be reserved for its provision for internal promotion through the system of concurring opposition by the career officials of the Administrative and procedural Management Body that will carry, at least, two years of effective services in the same. For this purpose, the services provided in the Office of the Officers of the Administration of Justice shall be taken into account.

The remaining vacancies, to which vacancies are increased which are not covered by internal promotion, if any, shall be covered in free time by opposition or, where appropriate, by opposition.

3. For the entry into the Body of Judicial Secretaries, whatever their form of access, it is required to be Spanish, licensed in law, not to be incourseto because of incapacity or incompatibility, as well as to overcome the selective tests that are established and the corresponding theoretical-practical course that may have selective character.

Article 443.

1. The status of the judicial secretary is acquired by the following requirements:

a) Meet the requirements and meet the conditions required in the call.

b) Superation of selective processes.

(c) Appointment issued by the Minister of Justice and published in the "Official Gazette of the State".

d) Oath or promise to faithfully fulfill the duties of the office and keep and keep the Constitution as a fundamental rule.

e) Taking possession within the set deadline.

2. The status of judicial secretary is lost in the following cases:

(a) By voluntary resignation expressed in writing and expressly accepted by the Ministry of Justice.

b) By loss of Spanish nationality.

c) By disciplinary sanction of separation of service.

d) By absolute or special disablement imposed as a principal or ancillary penalty by the courts when it is firm.

e) By retirement, whether voluntary or forced, or by permanent incapacity for service.

f) For sentence of imprisonment of more than three years for the purpose of criminal offence.

Article 444.

1. Officials of the Body of Judicial Secretaries will have equal individual rights, collectives and duties, which are set forth in book VI of this organic law.

2. The arrangements set out in the preceding paragraph shall apply to substitute judicial secretaries, in so far as the nature of the right permits, and shall be integrated, for the purposes of social security, into the General Social Security System.

Article 445.

1. The administrative situations in which the judicial secretaries can be found, as well as their retirement will be the same and will make their declaration in the cases and with the effects established in this organic law for judges and magistrates.

2. They shall be subject to the same disabilities, incompatibilities and prohibitions with the exception of those provided for in Article 395.

Article 446.

1. Judicial secretaries must abstain in cases established for judges and magistrates and, if they do not, they may be challenged.

2. Abstention shall be made in a reasoned written form to the judge or magistrate, in the case of a court, to the President, whether it is a Chamber or a Section or to Judge Dean if he performs his duties in a common service, who shall decide, respectively, the question.

In case of confirmation of abstention, the judicial secretary who has abstained should be replaced by his legal substitute; in case of refusal, he must continue to act in the case.

3. The requirements of this law for judges and magistrates shall apply to the recusal of the secretaries with the following exceptions:

(a) The judicial secretaries may not be challenged during the practice of any diligence or action that they are in charge of.

b) The recusal piece shall be instructed and resolved by the same judges or magistrates competent to hear of the abstention.

(c) Submitted the recusal document, the recused judicial secretary shall inform in detail in writing whether or not to recognize as true and legitimate the alleged cause.

(d) When the recusal recognizes the cause of the recusal as true, the court will decide to order, without further formalities and without further recourse, having to do so by recusal, if it considers that the cause is legal. If he considers that the cause is not of the kind in the law, he will declare that there is no place for the challenge. No recourse shall be made against this order.

When the recusal denies the certainty of the alleged cause as the basis for the recusal, it shall proceed as provided for in Article 225 (3) of this law.

e) The judicial secretary recused, from the moment the recusal is filed, will be replaced by his legal replacement.

Article 447.

1. The remuneration will be basic and complementary.

2. The basic salary concepts will be equal to those established in the Law for the Judicial Career.

3. The complementary remuneration concepts shall be as follows:

(a) The overall post-complement, which rewards the general characteristics of the posts;

b) The specific supplement, unique for each job and intended to pay for the particular conditions of the job;

(c) The complement of productivity, intended to pay for the special performance, the extraordinary activity and the interest or initiative with which the official carries out his work, as well as his participation in the concrete programs of action and in the achievement of the objectives to be determined by the Ministry of Justice, heard by the General Council of the Judiciary, and negotiated with the most representative trade union organizations.

The participation of the judicial secretaries in the programs or in the achievement of the objectives determined by the competent bodies of the autonomous communities with powers assumed for the judicial offices of their territory may also be paid, provided that there is prior authorization from the Ministry of Justice.

To this end, the necessary coordination mechanisms will be established between the relevant administrations.

(d) Bonuses, intended to give back the extraordinary services rendered outside the normal working day.

4. In addition to the remuneration noted above, the court clerks may receive the following remuneration, which is a special condition:

(a) The corresponding performance of on-call services.

b) The corresponding to substitutions involving the joint performance of another function, in addition to those of which it is a holder.

These remuneration will be compatible with all the remuneration concepts previously provided.

5. Non-professional substitute secretaries shall receive the remuneration corresponding to the post of employment, except for the term of seniority.

Article 448.

1. The amount of the salary shall be established for each of the categories in which the Body of Judicial Secretaries is structured and the seniority shall be remunerated by a successive increase of five per cent of the initial salary corresponding to the income category for every three years of service. In any case, the amount of the triennial recognized to the judicial secretaries belonging to the extinct Body of the Secretaries of the Labor Magistrate shall be respected. The judicial secretaries shall be entitled to receive two extraordinary payments per year, each of them, of a monthly salary and seniority and, where appropriate, a proportional amount of the general supplement of post, in terms of the law for the administration of justice, which shall be made effective in the months of June and December, provided that the recipients are in active service or are entitled to an accrual of the salary on the first day of the months indicated.

2. The amount of basic remuneration and general allowances for post will be determined in the General Budget Law of the State for each year.

3. The Government, by means of a royal decree, on a joint proposal of the Ministers of Justice and Finance, will determine the different types of posts attached to the judicial secretaries for the purposes of the general complement of post, the initial allocation of the specific complements that correspond and the remuneration that comes from substitutions that involve the joint performance of another function.

4. The implementation of the individual level of the complement of productivity and the determination of the number of officials entitled to their perception will be carried out by means of a resolution of the Ministry of Justice, after negotiation with the most representative trade union organizations.

5. By ministerial order, on the joint proposal of the Ministers of Justice and Finance, after negotiation with the trade union organizations, the remuneration will be determined for the service of the guard.

6. The individual allocation of the amount of the rewards and the setting of the criteria for their perception shall be determined by the decision of the Ministry of Justice.

Article 449.

1. Officials who are in a period of practice or develop selective courses as referred to in Article 485 shall be appointed officials in practice and shall receive remuneration equivalent to the salary and the extraordinary pay corresponding to the Body of Judicial Secretaries of the third category.

2. Officials in practice who are already paying paid services in the administration of justice, during the period of practice, may not receive any remuneration for the job of origin and may choose a remuneration of equal amount to that which corresponds to them in the place of employment of origin or for which they correspond as an official in practice, in accordance with the provisions of the previous paragraph.

3. If the practices are carried out by performing a job, the amount referred to in the first paragraph shall be increased by the additional remuneration of that post.

Article 450.

1. The provision of jobs will be carried out by the tender procedure, which will be the ordinary system of provision.

In the case of managerial positions or special responsibility, they may be covered by the free designation procedure.

The appointment of judicial secretaries for jobs located in the territorial area of an autonomous community with assumed powers, to be covered by this procedure, will require the prior report of the competent body of that community.

In any case, the system of provision must be determined in the corresponding relations of jobs.

2. Exceptionally, and where the needs of the service so require, jobs may also be temporarily covered by provisional or in the form of a service fee.

3. The rules and requirements to which the procedures for the provision of jobs are to be adjusted shall be laid down.

In any event, a minimum period of two years must have elapsed, from the date of the decision to which the transfer contest was convened, in which the official obtained his final final destination, from which he participates, or from the date of the decision in which he was awarded the final destination, in the case of officials of new income. Judicial secretaries who do not have a final destination, who are obliged to participate in the competitions in accordance with current regulations, are excluded from this temporary limitation.

4. In those autonomous communities that enjoy civil, foral or special law, and of their own official language, their knowledge will be valued as merit.

Article 451.

1. Replacements for absence, illness, suspension or vacancy of judicial secretaries shall be covered by the person who designates his immediate superior.

2. This designation may only be made by another judicial secretary or by a substitute judicial secretary, who shall exercise the functions provided for in this organic law for judicial secretaries even without belonging to that body, without a professional character and with temporary immobility, having the same rights and duties as the holder and with the same extent as the latter.

In this second case, the Ministry of Justice will determine the requirements and procedure for its appointment and termination.

3. Exceptionally, where there are not sufficient number of judicial secretaries, in the case of entries and records in closed places agreed by a single judicial body of the National Court and which must be performed simultaneously, officials of the Management and Administrative Management Body may, in place of the judicial secretary, intervene in the capacity of fedatarios and raise the corresponding record.

CHAPTER II

From the functions of the judicial secretaries

Article 452.

1. The judicial secretaries shall perform their duties subject to the principle of legality and impartiality in any case, to the principle of autonomy and independence in the exercise of judicial public faith, as well as to that of a unit of action and hierarchical dependence on all other parties entrusted to them by this law and the respective rules of procedure, as well as their organic regulations. The functions of the judicial secretaries shall not be the subject of a delegation or of a rating, without prejudice to Article 451.3.

2. In the performance of their duties, judicial secretaries shall comply with and ensure compliance with all decisions taken by judges or courts in the field of their jurisdiction.

3. The judicial secretaries will collaborate with the autonomous communities with responsibilities assumed for the effectiveness of the functions that they have in the matter of personal and material means, giving fulfillment to the instructions that to this effect they receive from their hierarchical superiors. For better coordination, the Joint Committees of Judicial Secretaries and representatives of the autonomous communities with assumed powers, in their respective territorial areas, may be constituted.

Article 453.

1. It is up to the judicial secretaries, with exclusivity and completeness, to exercise the judicial public faith. In the exercise of this function, they shall be satisfied with the performance of procedural acts in the court or in the court and in the production of facts with a procedural significance by means of the appropriate acts and proceedings.

When technical means of recording or reproducing are used, the judicial secretary shall ensure the authenticity and integrity of the engraving or reproduction.

2. The judicial secretaries shall issue certifications or testimonies of the judicial proceedings not declared secret or reserved to the parties, with the expression of their addressee and the purpose for which they are requested.

3. They shall authorize and document the granting of powers for litigation, in the terms laid down in the procedural laws.

4. In the exercise of this function they shall not require additional intervention by witnesses.

Article 454.

1. The judicial secretaries are responsible for the function of documentation that is proper to them, as well as for the formation of the cars and files, leaving constancy of the resolutions dictated by the judges and magistrates, or themselves when the law is authorized.

2. The judicial secretaries shall exercise the competence of organization, management, inspection and management of personnel in procedural technical aspects, ensuring in any case coordination with the governing bodies of the judicial branch and with the autonomous communities with devolved powers.

3. They shall ensure that the distribution of cases is carried out in accordance with the rules which the Boards of Government of the Courts of Justice approve for this purpose and shall be responsible for the proper functioning of the register of receipt of documents, in their case by issuing the certifications requested by the parties in this matter.

4. They shall provide the parties concerned and all those who express and justify a legitimate and direct interest, the information they request on the status of the judicial proceedings not declared secret or reserved.

5. They shall promote the use of the technical, audiovisual and computer-based documentation of the unit where they provide their services.

Article 455.

It will be the responsibility of the judicial secretary to give the account, which will be done in the terms established in the procedural laws.

Article 456.

1. The judicial secretary will push the process in the terms that the procedural laws establish.

2. To this end, it shall give the necessary decisions for the processing of the proceedings, except those which the procedural laws reserve for judges or courts. Such decisions shall be called proceedings, which may be of order, of constancy, of communication or of enforcement. The measures of ordination shall be brought before the judge or the rapporteur, in the cases and forms provided for in the procedural laws.

3. Court clerks shall have jurisdiction in the following matters where they are provided for in the following:

(a) Execution except those powers that are the exception of the procedural laws for being reserved for judges and magistrates.

b) Voluntary jurisdiction, assuming its processing and resolution, without prejudice to the resources to be brought.

c) Conciliations, carrying out the mediating work of their own.

d) Other than expressly provided for.

4. A decree shall be called for the decision to be delivered by the Registrar in order to terminate the procedure for which he has exclusive jurisdiction, or where his decision is appropriate or appropriate. It shall always be motivated and shall contain, in separate and numbered paragraphs, the factual background and the basis of law on which it is based.

Article 457.

The judicial secretaries shall direct in the technical-procedural aspect the personnel of the judicial office, ordering their activity and giving the orders and instructions that they deem pertinent in the exercise of this function.

Article 458.

1. The judicial secretaries shall be responsible for the judicial file of management, in which, in accordance with the rules established for this purpose, those cars and files whose processing is not completed shall be kept and guarded, except for the time in which they are held by the judge or the magistrate or other magistrates who are members of the court.

2. By royal decree the rules governing the management and file of cars and files that were not pending any action, as well as of the expunge of the judicial files will be established.

3. It is for the Ministry of Justice to determine the registration books which must exist in the courts and tribunals and to lay down the rules governing the conduct of such books by means of appropriate regulations.

4. The Registrar shall be responsible for the keeping of the record books through the corresponding computer applications and, failing that, manually, imparting the appropriate instructions to the staff of the dependent.

Article 459.

1. The judicial secretaries shall respond to the deposit of the goods and objects affected by the judicial files, as well as that of the pieces of conviction in the criminal cases, in the premises arranged for this purpose. All this, without prejudice to any exceptions which may be laid down in regulation as regards the destination to be given to them in special cases.

2. The judicial secretaries shall respond to the due deposit in the institutions to be determined of how many amounts and values, consignations and bonds are produced, following the instructions that are given.

Article 460.

The judicial secretaries will collaborate with the tax administration in the management of the taxes entrusted to them in the specific regulations.

Article 461.

1. Judicial statistics, which shall be established in accordance with the criteria to be established, shall be the responsibility of the judicial secretaries. The respective Government Secretaries shall ensure that they are complied with by contrasting the accuracy of the data.

2. The Judicial Statistics constitutes a basic instrument for the service of public administrations and the General Council of the Judiciary for the planning, development and implementation of public policies relating to the Administration of Justice, in particular for the following purposes:

(a) The exercise of the State's legislative policy in the field of justice.

b) The modernization of the judicial organization.

c) Planning and management of human resources and material resources at the service of the Administration of Justice.

d) The exercise of the inspection function on the courts and tribunals.

The Judicial Statistics will ensure, within the framework of a transparency plan, the permanent and equal availability of the General Courts, the Government, the Autonomous Communities, the General Council of the Judiciary and the Office of the Prosecutor General of the State of updated, rigorous and duly contrasted information on the activity and workload of all the organs, services and judicial offices of Spain, as well as on the statistical characteristics of the matters submitted to its knowledge. Citizens will have full access to judicial statistics.

3. The National Judicial Statistics Commission, composed of the Ministry of Justice, a representation of the autonomous communities with competence in the field, the General Council of the Judicial Branch and the Office of the Prosecutor General of the State, will approve the statistical, general and special plans of the Administration of Justice and will establish uniform and binding criteria for all on obtaining, processing, transmitting and exploiting the statistical data of the Spanish judicial system.

The structure, composition and functions of the National Judicial Statistics Commission will be regulated by the government, by means of a real decree, prior to the report of the General Council of the Judiciary, the Attorney General of the State, the Data Protection Agency, and the autonomous communities with powers in the matter.

4. However, public administrations with powers in matters of administration of justice may carry out the holdings of other statistical data which may be collected through the computerised systems, provided that they are deemed necessary or useful for their management.

Article 462.

The judicial secretaries will assume all other functions that are legally and legally established.

CHAPTER III

From the Sort of the Secretaries Body

Article 463.

1. Under the higher dependence of the Ministry of Justice the Body of Judicial Secretaries is ordered hierarchically in the form that is determined in the relations of the job. In this sense, they will perform all those functions of a nature analogous to those that are peculiar to them, inherent in the job they occupy and which are entrusted to them by their superiors.

2. The upper organs are:

(a) The Secretary of Government.

b) The Provincial Coordinating Secretary.

3. Where several judicial secretaries are to be served in a common service, the list of posts shall determine their hierarchical and functional dependence.

4. As an instrument for the democratic participation of the collective of the Body of Judicial Secretaries, a Council of the Secretariat will be constituted within the Ministry of Justice, with consultative functions in matters affecting the aforementioned body. Its organisation, operation and competence shall be developed in a regulatory manner.

Article 464.

1. There will be a Secretary of Government in the Supreme Court, in the National Court, and in each Superior Court of Justice, as well as in the cities of Ceuta and Melilla, elected among members of the Body of Judicial Secretaries that have consolidated, at least, the second category with a minimum of 10 years of seniority, which will also exercise the functions of the Secretary of the Chamber of Government of the respective Court.

2. The Secretary of Government shall, as a hierarchical superior, have the address of the judicial secretaries who serve in the judicial offices that are dependent on those courts and in the cities of Ceuta and Melilla. To do so, it will exercise the powers that this organic law recognizes, as well as all those that are regulated.

3. He will be freely appointed and removed by the Ministry of Justice. Such appointment shall be made on a proposal from the competent authority of the Autonomous Communities where the latter have jurisdiction over the administration of justice, which may also propose its termination.

In any case, the Office of the Governing Chamber of the respective Court and the Council of the Secretariat shall be requested to be appointed. For the cities of Ceuta and Melilla the report will be issued by the Government Chamber of the Superior Court of Justice of Andalusia.

For the appointment of the Secretary of Government of the Supreme Court and that of the National Court, a favorable report will be required of their respective government chambers.

4. In case of absence, illness, suspension or vacancy of the Secretary of Government of the Supreme Court or of the National Audience as well as of the Cities of Ceuta and Melilla, the Secretary of greatest age will assume his duties. In these same cases and in respect of the Secretary of Government of the Supreme Courts of Justice, the Coordinating Secretary of the province where the respective court has its seat, or, failing that, the Secretary of greatest age, will assume his duties.

5. The Secretaries of Government who cease to be in office shall be assigned to the court in which they cease until the consolidation of the corresponding place, or to the organ of their category of the city of origin, being able to opt, for the next two years, to any place of their category of which they must be provided by voluntary contest.

6. The competent public authorities, in their respective territories, shall provide to the Secretaries of Government, the material means and human resources necessary for the exercise of the functions assigned to them.

Article 465.

It will be the competencies of the Secretaries of Government:

1. The inspection of the services which are the responsibility of the judicial secretaries of their respective jurisdiction, without prejudice to that which corresponds to the General Council of the Judiciary, to the Chambers of Government or, where appropriate, to the President of the Court or the respective Chamber.

2. The opening of disciplinary proceedings for possible infringements which the judicial secretaries may commit in the exercise of their duties, as well as the imposition of the penalty of warning.

3. To propose to the Ministry of Justice the appointment of the judicial secretaries of free designation in their territorial scope, who would have participated in the corresponding call, as well as their cessation where appropriate.

4. Statistical monitoring and monitoring.

5. Management and organization of the judicial secretaries who are dependent on him, respecting and tutoring his independence in the exercise of public faith.

6. To instruct the judicial secretaries of their respective territorial scope, at the request of the autonomous communities with assumed powers, when it is necessary to collaborate with those to guarantee the effectiveness of the functions that they have in matters of personal and material means to the service of the Administration of Justice.

7. To propose to the Ministry of Justice, or in its case to the autonomous community with powers transferred, the measures that, in its opinion, should be adopted for the best functioning of the Administration of Justice that are of their respective competence, communicating to the Ministry of Justice how many incidents affect the judicial secretaries who are dependent.

8. To issue circulars and instructions of service to the judicial secretaries of their territory, as well as to ensure the correct compliance of those who, in turn, are directed by the Ministry of Justice, which under no circumstances will be allowed to interfere in the development of the procedural activity of judges or magistrates, nor to contradict the decisions taken by the Chamber of Government in the field of its competences. They shall also not be able to give particular instructions on specific cases where a judicial secretary is acting as a fedor or in the exercise of his or her ordination and management powers.

9. Granting of permits and licenses to the judicial secretaries of its territory.

10. The others provided for in the Organic Regulations of the Body of Judicial Secretaries.

Article 466.

1. In each province there will be a Coordinating Secretary, appointed by the Ministry of Justice under the free designation procedure, on the proposal of the Secretary of Government, in agreement with the autonomous communities with assumed powers, among all those who present themselves to the public call.

In addition, in the autonomous community of Illes Balears there will be a Coordinating Secretary in the islands of Menorca and Ibiza, and in the Autonomous Community of the Canary Islands, another in the islands of Lanzarote and La Palma.

In the uniprovincial autonomous communities, the functions of the Coordinating Secretary will be assumed by the Secretary of Government, except in those who, by reason of the service, are advisable for their existence.

2. The requirements and procedure for his appointment shall be determined in the organic regulations of the Body of Judicial Secretaries, although in any case it shall be at least five years old in the second category.

3. In cases of absence, sickness, suspension or vacancy, the Secretary of the Government shall be replaced by the Secretary of the Government from among those assigned in his/her respective province, who meets the requirements for his appointment.

4. The coordinating secretaries shall be assigned to the judicial office in which they cease until the consolidation of the corresponding place, or to the organ of their category of the city of origin, being able to opt, for the next two years, to any place in their category of which they must be provided by a voluntary contest.

Article 467.

Under the direct dependency of the Secretary of Government, the Coordinating Secretary shall exercise the following powers:

1. To instruct the judicial secretaries of their territorial scope for the proper functioning of the services entrusted to them.

2. Monitor the correct execution of the circulars and instructions for service that the Secretary of Government of the one who depends on.

3. Immediately account to the Secretary of Government of how many facts are relevant to the proper functioning of the Administration of Justice, as well as the needs of personal and material resources of the secretariats located in its territory.

4. To collaborate with the autonomous communities with assumed competences, for the effectiveness of the functions that they have in the matter of personal and material means.

5. Coordinate the operation of all common procedural services located in their territory, or where appropriate, directly assume their address when there is a single common provincial procedural service.

6. Propose to the Ministry of Justice the commissions of service of judicial secretaries who, within their territory, are precise for the proper functioning of the judicial offices.

7. To resolve the substitutions of the judicial secretaries in their field by assessing, where appropriate, the requirements to be met by the substitute in relation to the position to be replaced.

8. The others who establish the laws and their own organic regulations.

CHAPTER IV

From disciplinary responsibility

Article 468.

1. The judicial secretaries shall be subject to disciplinary responsibility, in the cases and in accordance with the principles laid down in book VI of this Organic Law for the officials of the Bodies at the service of the Administration of Justice and shall be subject to equal penalties.

2. No penalty may be imposed by the commission for a serious or very serious misconduct, but on the basis of a disciplinary record instructed for that purpose, by means of the procedure laid down in the General Rules of Disciplinary Procedure of the officials at the service of the Administration of Justice.

For the imposition of penalties for minor faults, the prior instruction of the file shall not be required, except for the processing of the hearing to the person concerned.

In addition to the authors, they will be responsible in disciplinary matters for the superiors who are aware of the facts, who consent to them, as well as those who produced or covered up the very serious and serious faults when such acts result in serious damage to the Administration or the citizens.

3. The autonomous communities with assumed powers may promote the disciplinary responsibility of the judicial secretaries to be assigned to judicial bodies located in their territory before the competent authorities for the opening and processing of disciplinary proceedings, who shall give an account to those of the decisions to be taken.

4. The disciplinary procedure to be established in the development of this organic law shall ensure that the judicial secretary is issued, in addition to those recognized by Article 35 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the following rights:

a) To the presumption of innocence.

b) To be notified of the appointment of an instructor and secretary, as well as to challenge them.

c) To be notified of the facts imputed, of the infringement they constitute and of the sanctions which, if any, may be imposed, as well as of the sanctions resolution.

d) To make allegations.

e) To propose how many tests are appropriate for the determination of the facts.

f) To be able to act in the assisted procedure of a lawyer or of the trade union representatives to determine.

5. Where the instruction of a disciplinary procedure results in the existence of substantiated evidence of the commission of a criminal offence, its processing shall be suspended, bringing it to the attention of the Prosecutor's Office.

6. The opening of a criminal procedure will not be an obstacle to the initiation of a disciplinary record for the same facts, but there will be no resolution in this case until there has been a firm or self-ruling judgment in the criminal case.

In any case, the proven statement of facts contained in the resolution that puts an end to the criminal procedure, will link the resolution that is given in the disciplinary record, without prejudice to the different legal qualification that may merit one and the other way.

Only criminal and disciplinary sanctions can be imposed on the same facts when there is no identity of legal basis and protected legal status.

Article 469.

1. They are responsible for the opening of disciplinary cases to the officials of the Body of Judicial Secretaries, the Ministry of Justice, the Secretary of Government and the Provincial Coordinating Secretaries. The processing of the same corresponds to the Ministry of Justice.

2. The faults are classified in very serious, serious and minor, according to the catalogue provided for in article 536 of this law.

3. For the imposition of penalties, they shall be competent:

(a) the Secretary of Government and the Provincial Coordinating Secretary, for the sanction of warning.

(b) the Minister of Justice, for suspension, forced removal and separation of service. "

One hundred and twenty-four. The current content of book VI is replaced by the following:

" BOOK VI

From the Corps of Officials to the Service of the Administration of Justice and other personnel

TITLE I

Common Provisions

CHAPTER I

From the staff of the Forensic Medical Corps, from the National Institute of Toxicology and Forensic Sciences, from the National Institute of Toxicology and Administrative Management, from Technical Specialists of the National Institute of Toxicology and Forensic Sciences, from Procedural And Administrative Processing, and from Procedural Aid, from Laboratory Assistant and from other personnel to the service of the Administration of Justice.

Article 470.

1. The purpose of this book is the determination of the legal status, in accordance with the provisions of article 122 of the Spanish Constitution, of the officials of the Forensic Medical Corps, of the National Institute of Toxicology and Forensic Sciences, of the National Institute of Toxicology and Administrative Management, of Technical Specialists of the National Institute of Toxicology and Forensic Sciences, of the Administrative and Administrative Procedure, of the Judicial and Auxiliary Administration of the National Institute of Toxicology and Forensic Sciences.

2. The aforementioned Corps of officials at the service of the Administration of Justice will have the character of National Bodies.

Article 471.

1. The powers in respect of all personnel serving the Administration of Justice referred to in the previous article correspond to the terms set out in this law, to the Ministry of Justice or, where appropriate, to the autonomous communities with assumed powers, in all matters relating to their status and legal status, including selection, initial and continuing training, provision of destinations, promotions, administrative situations, working hours, work hours and disciplinary arrangements.

2. On the same terms, the government or, where appropriate, the autonomous communities with competence in the matter, will approve the regulations that will require the development of this book.

Article 472.

1. The career officials of the aforementioned bodies, are linked to the Administration of Justice by virtue of legal appointment, by a permanent statutory relationship, for the performance of paid services.

2. For reasons of urgency or necessity, interim officials may be appointed, who shall develop the functions of such bodies, as long as their performance by career officials is not possible or the reasons for their appointment remain.

Article 473.

1. Officials of other administrations may provide services in the Administration of Justice, which, on an occasional or permanent basis, may be necessary to assist in the development of specific activities other than the bodies of officials referred to in this book and which require technical or specialized knowledge.

2. Likewise, where there are no bodies or scales of officials whose members have the technical preparation necessary for the performance of certain specific activities or for the performance of their own activities of trades, as well as of an instrumental nature, corresponding to areas of maintenance and preservation of buildings, equipment or installations or other analogous activities, it may provide services paid in the Administration of Personal Justice contracted under the employment system.

Article 474.

1. The staff of the career of the Corps at the service of the Administration of Justice shall be governed by the rules contained in this organic law, in the provisions that are dictated in its development and, as a substitute, in the non-regulated expressly in the same, by the State regulations on Civil Service.

2. Interim officials shall be subject to the rules of career officials in so far as they are appropriate to the nature of their condition and shall not apply to them the system of passive classes.

3. To the staff of other administrations who provide services in the Administration of Justice, in order to carry out specific and specialized functions, the provisions of these situations in the regulations of the public administration from which they come shall apply.

4. The employment staff shall be governed by the laws and regulations, by the collective agreement which is applicable to them and by the stipulations of their employment contract.

Article 475.

The bodies of officials referred to in the previous article shall be classified as:

(a) General Bodies, where their role is essentially based on procedural content, without prejudice to the carrying out of administrative functions linked to the foregoing.

are General Bodies:

The Process and Administrative Management Body. The required qualification for access to this Body is the University Diplomat, Technical Engineer, Technical Architect or equivalent.

The Procedural And Administrative Processing Body. For access to this Body it will be required to be in possession of the title of Bachiller or equivalent.

The Judicial Auxiliary Body. For whose entry you will be required to be in possession of the degree of graduate in E.S.O. or equivalent.

(b) Special Bodies, where their role essentially involves the performance of functions which are the subject of a specific profession or qualification.

These Are Special Bodies:

The Body of Forensic Physicians. For access to the Body of Forensic Physicians, it is required to be in possession of the Bachelor of Medicine.

The Faculty of Faculty of the National Institute of Toxicology and Forensic Sciences. For income in this body, it must be licensed in a university career in Experimental and Health Sciences, which will be determined in the corresponding calls, according to the specialty by which the body is accessed.

The National Institute of Toxicology and Forensic Sciences ' Technical Corps. Access to this Body shall be required to be in possession of the title of Senior Technician in Vocational Training or equivalent of the professional families to be determined on the basis of the calls for the selective processes, in accordance with the content of the posts to be offered.

The Laboratory Adjutant Corps of the National Institute of Toxicology and Forensic Sciences. Access to this body shall be required to be in possession of the title of Technical in Vocational Training or equivalent of the professional families to be determined on the basis of the calls for the selective processes, in accordance with the content of the posts to be offered.

Article 476.

Corresponds to the Body of Process and Administrative Management, to collaborate in the higher level of procedural activity, as well as to the realization of own procedural tasks.

Generally and under the principle of hierarchy, and without prejudice to the specific functions of the job that they perform, it is up to you to:

(a) Manage the processing of the procedures, from which the Judicial Secretary will be given, in particular when certain aspects require a interpretation of the law or procedural rules, without prejudice to informing the head of the judicial body when required to do so.

b) Practice and sign the appearances made by the parties in relation to the procedures to be followed in the judicial body, in respect of which they will be able to certify.

c) Document the liens, pitches and other acts whose nature so requires, with the character and representation that the laws attribute to him, unless the judicial secretary considers necessary his intervention.

(d) to extend the notes which are intended to bring the data or elements which do not constitute evidence into the procedure, in order to ensure their due constancy and subsequent processing, thereby giving account, to that effect, of the higher authority, as well as to make notes, which may be of reference, of summary of the cars and of the examination of the procedure to which they relate.

e) To perform the tasks of recording, receiving, and distributing documents and documents relating to matters that were being dealt with in Courts and Tribunals.

(f) Exorder, with the knowledge of the judicial secretary, and at the expense of the person concerned, simple copies of documents and documents which are not declared secret or reserved.

g) Occupy, in accordance with the terms of the employment relations, the headquarters in which the units of direct support and common procedural services are structured, in which, without prejudice to the functions assigned to the specific position, the distribution of the tasks of the staff will be managed, responding to the development of the tasks.

(h) To work with the competent administrative management bodies, performing duties relating to the management of personnel and material means of the unit of the judicial office in which the services are provided, provided that such functions are expressly provided for in the description of the employment relationship.

i) To carry out the Secretariat of the Judicial Office of the Groups of Secretaries of the Peace Courts, of the Courts of Peace of more than 7,000 inhabitants and of the Courts of Peace of less than 7,000 inhabitants in which the workload justifies their establishment, as well as the remaining positions of the aforementioned centers of destination assigned to the Body of Management and Administrative Management, all in accordance with what is determined in the corresponding relations of jobs, as well as to fill positions of the administrative units, when the relations (a) to be established, provided that the requirements for knowledge and preparation required for their performance are met.

(j) Your possibility of appointment as substitute secretaries, provided that the qualifications and other requirements are met, and in accordance with the procedure laid down by law, in receipt of remuneration in accordance with the provisions of Article 447.5 for non-professional substitute secretaries.

k) The performance of all those functions which are legally or regularily established and of any other functions of a similar nature to the previous functions which, inherent to the job which is carried out, are entrusted by the hierarchical, organic or functional superiors, in the exercise of their powers.

Article 477.

It is generally the case of the Body of Procedural and Administrative Procedure to carry out any activities that have a character in support of the procedural management, according to the level of specialization of the position played, under the principle of hierarchy and in accordance with what is established in the relations of jobs.

Without prejudice to the specific functions of the job that you perform, it is up to you:

(a) The general processing of the procedures, through the use of the appropriate mechanical or office means, for which it will draw up all documents, minutes, proceedings, notifications and other documents, as well as copies of documents and union of the same to the files.

b) The record and classification of the correspondence.

c) The formation of cars and files, under the supervision of the hierarchical superior.

(d) The preparation of the relevant cards for the practice of the acts of communication to be carried out.

e) The performance of those heads that in the relations of the judicial office's working positions are assigned to this Body, in the form and conditions that are established in them.

(f) The possibility of filling positions of the administrative units, provided that the necessary requirements and knowledge required for their performance in the relations of jobs of the administrative units are met.

g) The performance of all those functions which are legally or regularily established and of any other functions of a similar nature to the previous functions which, inherent to the job which is carried out, are entrusted by the hierarchical, organic or functional superiors, in the exercise of their powers.

Article 478.

Corresponds to the Body of the Judicial Auxiliary in general, under the principle of hierarchy and in accordance with the established in the relations of jobs, the realization of how many tasks have character of aid to the activity of the judicial organs. In addition, and among other functions, it will be:

(a) The practice of the acts of communication that consist of notifications, citations, locations and requirements, in the form provided for in the procedural laws, to which effect it will have the capacity for certification and will have the necessary credentials.

(b) As an agent of the authority, proceed with the execution of embargoes, launches and other acts whose nature requires it, with the character and representation that the laws attribute to it.

(c) Act as a Judicial Police with the character of the agent of the authority, without prejudice to the functions that, in the investigation of the crimes and in the discovery and assurance of the criminals, are the responsibility of the members of the Security Forces and Corps.

d) Perform file functions of files and court files, under the supervision of the judicial secretary.

e) By using the conditions of use of the view rooms and maintaining the order in the rooms.

(f) Check that the technical means necessary for the judicial process are in conditions of use, requiring, where appropriate, the presence of the technical services that correspond, in order to permit the proper functioning of these devices, bringing to the attention of the judicial secretary the anomalies detected that could impede the conclusion of procedural acts.

g) The performance of those head offices that in the relations of the judicial office are assigned to this body, in the form and conditions that are established in them.

(h) The possibility of filling positions of the administrative units, provided that the requirements and knowledge required for their performance in the relations of jobs in the administrative units are met.

i) The performance of all those functions that are legally or regulatively established and of any other functions of a similar nature to all the previous functions that, inherent to the job that is carried out, are entrusted by the hierarchical, organic or functional superiors, in the exercise of their competences.

Article 479.

1. Medical examiners are career officials who constitute a National Corps of Higher Graduates in the service of the Administration of Justice.

2. The functions of the medical examiners are the technical assistance to the courts, courts, prosecutors and offices of the Civil Registry in the matters of their professional discipline, both in the field of forensic pathology and tanatological practices and in the assistance or voluntary supervision of the detainees, injured or sick, who will be under the jurisdiction of those, in the cases and in the way that they determine the laws.

To these effects, they will issue reports and legal medical advice in the context of the judicial process, carry out periodic control of the injured and the assessment of the bodily harm that is the subject of procedural actions. They will also perform research and collaboration functions that derive from their own function.

In the course of the procedural or investigative actions of any nature initiated by the Prosecutor's Office, they will be at the orders of the judges, magistrates, prosecutors and the Civil Registry, exercising their functions with full independence and under strictly scientific criteria.

3. Medical examiners will be employed at a Legal Medicine Institute or the National Institute of Toxicology and Forensic Sciences.

Exceptionally, and when the needs of the service so require, they may be attached to courts, procuratorates, or offices of the Civil Registry.

4. There shall be an Institute of Legal Medicine in the capitals of the province in which a High Court of Justice has its seat, as well as those in which the Chambers of the High Courts of Justice have jurisdiction in one or more provinces.

However, the Government, on a proposal from the Ministry of Justice, upon request, if appropriate, from an autonomous community with competence in the matter, may authorize that seat to be that of the administrative capital of the autonomous community in question, when it is different from that of the Superior Court of Justice.

The Government may also authorize the establishment of Institutes of Legal Medicine in the other cities of the territorial scope of the Superior Court of Justice in question, with the scope of action to be determined.

By royal decree, on a proposal from the Minister of Justice and prior to the report of the General Council of the Judiciary and the autonomous communities that have received the transfer of means for the operation of the Administration of Justice, the general rules for the organization and operation of the Institutes of Legal Medicine and for the performance of medical examiners may be determined, and the Ministry of Justice or the competent organ of the autonomous community may dictate, in the field of their respective competences, the relevant provisions for their development and application.

Article 480.

1. The National Institute of Toxicology and Forensic Sciences is a technical organ attached to the Ministry of Justice, whose mission is to assist the Administration of Justice and contribute to the scientific criterion unit and the quality of analytical expertise, as well as to the development of forensic sciences.

Your organization and supervision is the responsibility of the Ministry of Justice. It has its headquarters in Madrid and its scope of action extends to the entire national territory.

Its organic structure will be determined by royal decree.

In the same will provide services of the Special Bodies referred to in the following sections of this article. In addition, officials may provide services to the other bodies at the service of the administration of justice, as well as other administrations, under the conditions and with the requirements laid down in the corresponding relations of employment, as well as, where appropriate, professionals or experts who are necessary for the performance of their duties or other personnel for the performance of their own activities of trades or instruments, contracted in employment.

2. The Faculty of the National Institute of Toxicology and Forensic Sciences are career civil servants who constitute a National Body of Graduates Superior to the Service of the Administration of Justice. In the light of the technical and scientific activity of the Institute, specialties may be established within that body.

It is the functions of the Faculty of Facultals of the National Institute of Toxicology and Forensic Sciences to provide technical assistance in the subjects of their professional disciplines to judicial authorities, government authorities, the Prosecutor's Office and medical examiners, in the course of judicial proceedings or in previous investigations. To this end, they shall carry out the analysis and research requested of them, issue the relevant opinions and reports, and shall evacuate the consultations that are submitted to them by the aforementioned authorities, as well as by individuals in the course of judicial proceedings and by public bodies or companies that affect the general interest, and will contribute to the prevention of poisonings.

They will serve in the National Institute of Toxicology and Forensic Sciences, as well as in the Institutes of Legal Medicine, in the assumptions and conditions that will be determined in the corresponding relations of jobs.

3. The Technical Laboratory Technicians of the National Institute of Toxicology and Forensic Sciences are career officials who constitute a National Relief Corps specialized in the service of the Administration of Justice.

They are the functions of the Laboratory Specialist Laboratory of the National Institute of Toxicology and Forensic Sciences, those of technical assistance specialized in the scientific and research activities of the National Institute of Toxicology and Forensic Sciences.

They will serve in the National Institute of Toxicology and Forensic Sciences, as well as in the Institutes of Legal Medicine, in the assumptions and conditions that will be determined in the corresponding relations of jobs.

4. The laboratory assistants of the National Institute of Toxicology and Forensic Sciences are career officials who constitute a National Body at the service of the Administration of Justice, for the performance of their own training support functions, in the scientific and research activities of the National Institute of Toxicology and Forensic Sciences, as well as of the Institutes of Legal Medicine, in the form and with the requirements and conditions that will be established in the relations of the work of the aforementioned organisms.

5. The officials of the Special Corps of the National Institute of Toxicology and Forensic Sciences will be hierarchically dependent on the Director of the National Institute of Toxicology and Forensic Sciences or, as the case may be, the Director of the Institute of Legal Medicine in which they provide services.

CHAPTER II

Staff Log

Article 481.

1. In the Ministry of Justice, there shall be a Central Register of official staff at the service of the Administration of Justice, in which the official staff of the Corps shall be entered in the service of the Administration of Justice, and in which they shall be entered in a precept manner, all acts affecting the administrative life of the same.

2. The autonomous communities may establish in their territorial areas, records with respect to the staff at the service of the Administration of Justice providing services to them.

3. The Ministry of Justice shall approve the rules which shall determine the information to be included in the Central Register of Personnel and the channels to be established in order to ensure the confidentiality of the data in the terms established by the legislation in force.

For the updating of data in the registers, the Ministry of Justice with the collaboration of the autonomous communities with assumed powers will establish the necessary cooperation procedures and instruments that guarantee the immediate annotation of the data of all the personnel, regardless of the place of service provision.

4. All staff shall have free access to their individual file, in which, in no case, shall any information relating to their race, religion or opinion or any other personal or social circumstance which is relevant to their work be included.

TITLE II

From the offer of public employment, income and professional promotion

CHAPTER I

Public Employment Offering

Article 482.

1. The needs of human resources with budgetary allocation will be the subject of a single annual public employment offer, which will be drawn up in accordance with the criteria for the State public sector set out in the General Budget Law of the State.

2. The autonomous communities shall determine in their respective territorial areas the human resources needs in respect of the Corps of officials at the service of the Administration of Justice over those who have assumed responsibility and shall bring it to the attention of the Ministry of Justice.

3. The Ministry of Justice will prepare the offer of public employment by integrating in a differentiated way the needs of resources determined by the autonomous communities with those in the rest of the territory of the State that has not been transferred and will present it to the Ministry for Public Administrations who will raise it to the Government for approval.

4. Approved the offer of public employment, the Ministry of Justice will proceed to the call of the selective processes.

5. Public employment offers shall reserve a quota of not less than five per cent of the vacancies to be filled between persons with disabilities of a degree equal to or greater than 33 per cent, provided that they exceed the selective tests and that they demonstrate the degree of disability and the compatibility for the performance of the relevant functions and tasks in the manner determined by regulation.

CHAPTER II

Selection of the official staff at the service of the Administration of Justice

Article 483.

1. In accordance with the principles contained in Article 103.1 of the Spanish Constitution, career civil servants will be selected with criteria of objectivity and in accordance with the principles of equality, merit, capacity and also publicity.

2. The content of the agenda, as well as the tests to be carried out, shall be unique for each body throughout the territory of the State, except for any evidence that may be established for the accreditation of knowledge of the language and of civil, foral or special law, which are characteristic of the autonomous communities with assumed powers, which shall be optional and, in no case, shall be considered as a qualification, taking into account the score obtained according to the scale to be established, to the sole effects of the award of destination within the corresponding autonomous community.

3. Selective testing shall be convened and resolved by the Ministry of Justice and shall be carried out in a territorialised manner in the different areas in which the vacancies have been grouped. The calls and their bases, which will be unique for each body, will be adjusted, in any case, to the provisions of this law and the royal decree approving the "General Regulation of Income, Provision of Jobs and Professional Promotion of the Servants at the Service of the Administration of Justice" and will be published in the "Official State Gazette" and in the "Official Bulletins" of the autonomous communities simultaneously. If such concurrency is not possible, the terms and time limits set out in the call shall be counted, in any event, from the publication in the "Official State Gazette".

4. The basis for the call will be prepared by the Commission for the Selection of Personnel and approved by the Ministry of Justice, after negotiation with the most representative trade union organizations.

The aforementioned bases, which will bind the Administration and the courts that have to judge the selective tests, can only be modified with strict subjection to the rules of the Law of Legal Regime of Public Administrations and the Common Administrative Procedure.

5. The number of vacancies and the territorial scope for which they are offered shall be determined in the calls. Vacancies located in the territory of an autonomous community with assumed powers shall be offered by the territorial scope of the autonomous community in question, unless expressly waived, in which case they shall be the subject of a grouping.

Also, when the number of places or the best development of the selective processes is advised, the vacancies corresponding to one or more territories may be grouped.

Applicants will be able to request exclusively their participation in one of the territorial areas that are expressed in the call and to be approved, they will be bound, to some of the vacancies located in the same.

In no case can the selective process in each field be declared over to a greater number of applicants than the number of places covered by the call, and the proposals of the approved ones that contravene this limitation are null and void.

6. People with disabilities will be admitted to the selective processes on a level playing field with other applicants. The calls shall not include exclusions for physical or mental limitations, without prejudice to incompatibilities with the performance of the tasks or functions concerned. The tests shall be carried out for persons with disabilities who are required to make the necessary adjustments in time and in the media.

Article 484.

The access to the bodies will be free and public and will be carried out through the opposition systems, or the opposition.

1. The selection by opposition is the ordinary system of income and consists in the performance of the tests that are established in the call to determine the capacity and aptitude of the applicant.

2. The selection by the opposition consists in the performance of the corresponding tests and in the assessment of certain conditions of training, merits or levels of experience, in the form that is established in the call.

The use of the competition-opposition system will be exceptional.

Article 485.

1. Selection processes shall include the performance of a theoretical-practical course or a period of practice, which may be of a selective nature.

The qualification obtained will serve to fix the order of precedence, however if they have selective character, the aspirants who do not exceed the same will lose the right to their appointment as career officials.

2. During their implementation, applicants shall have the consideration of officials in practice, with the rights and obligations to be established.

3. The selective course or, where appropriate, the period of practice, may be developed in the centres, institutes or training services dependent on the autonomous communities, or in the judicial offices located in the territorial area of the same.

Article 486.

1. The drawing up of the agenda and the basis for which the selective processes for entry into the bodies of officials referred to in this book are to be governed, will be entrusted to a Commission for the Selection of Personnel, which will be composed of:

Four vocal representatives of the Ministry of Justice, one of whom will assume the Presidency of the Commission and will have a vote in the case of a tie in the adoption of agreements.

Four representatives of the autonomous communities with powers in matters of administration of justice, one of which will assume the vice presidency of the Commission.

2. The Commission shall also determine the training programme corresponding to the period of practice or selective course where appropriate.

3. The rules of operation of the Selection Commission and the way of appointment of its members, will be established in the royal decree approving the Regulation of Income, Provision of Jobs and Professional Promotion of the officials to the service of the Administration of Justice. The composition of that Commission, in the case of the selection of bodies whose management has not been the subject of a transfer, shall also be laid down in that Regulation.

4. The agenda will be approved by the Selection Commission and will be unique for the entire state.

Article 487.

1. The development and qualification of the selective tests corresponds to the qualifying courts which, to this end, will be constituted in each of the territorial areas for which the vacancies have been offered.

These courts will have functional autonomy and will respond to the objectivity of the procedure and the compliance with the rules contained in the call.

2. In the General Rules of Income, Provision of Jobs and Professional Promotion will be established, the composition of the courts that, in any case will be formed by an odd number of members, as well as its operating rules, guaranteeing the specialization of the members of the same and the agility of the selective process, without prejudice to its objectivity, as well as the regime of incompatibilities, the rights and duties of its members.

The members of the courts will be appointed by the Ministry of Justice. In the courts which are established in the territories of the autonomous communities with assumed powers, two out of five vowels shall be proposed by the competent body of that community.

Article 488.

1. The selective process shall be completed, the applicants who have passed it, the number of which may in no case exceed the number of places convened in each field, and which, within the time limit laid down by the competent authority of the Ministry of Justice, shall be appointed by the competent authority of the Ministry of Justice.

2. The appointments will be published simultaneously in the "Official Gazette of the State" and in the Official Journal of the Autonomous Communities with assumed powers.

3. The award of jobs to officials of new income shall be carried out in accordance with their requests among the posts offered to them, according to the order obtained in the selective process.

The destinations awarded shall be of a definitive nature equivalent to all the effects obtained by competition.

The jobs that are offered to the officials of new income must have been the subject of a prior transfer contest between those who already have the status of an official. However, if the competent authorities in the field of human resources management do not, in their respective territorial areas, have sufficient places to offer officials of new income, exceptionally and after trade union negotiations, they may incorporate jobs not previously included in a transfer contest.

In this case, the destination awarded to the newly-entered official will be provisional. The official must take part in the first transfer contest which is called in which places in the territorial area in which he is provisionally assigned are offered, and the final destination in the area for which he took part in the selective process is guaranteed. If this obligation is not fulfilled, any of the places not awarded in the whole of the national territory shall be awarded definitively.

4. In order to acquire the status of a career official, he must take possession of the assigned destination within the time limit which he or she establishes.

Article 489.

1. The Ministry of Justice or, where appropriate, the competent bodies of the autonomous communities which have received the transfer of personal means for the operation of the Administration of Justice, may appoint interim officials, for the purposes of the service, where it is not possible, with the urgency required by the circumstances, to provide a career official, in accordance with the objective criteria to be laid down in the ministerial order or, where appropriate, the provision of the autonomous community which has received the transfer of personal means for the operation of the service. Administration of Justice.

2. The persons appointed must meet the requirements and qualifications necessary for the entry into the body; they shall take possession within the time limit which they regulate and shall have the same rights and duties as the officials, except for the right to work and the same basic and complementary remuneration, except for triennial.

3. They shall be terminated in accordance with the terms laid down by the ministerial order or, where appropriate, the provision of the autonomous community and, in any event, where the vacancy is provided, the holder's holder is incorporated or the reasons for urgency are removed.

CHAPTER III

From internal promotion

Article 490.

1. The internal promotion is guaranteed, by means of the ascent from a body for whose income has been demanded a certain degree to another body for whose access is demanded the immediate higher degree or, in the case of the Special Bodies, by the possibility of access to the different specialties of the same body.

2. Fifty per cent of the vacant places included, for each body, in the offer of public employment, shall be reserved for their provision for internal promotion. Places that are not covered by the internal promotion process will increase to the free shift.

3. The internal promotion shall be carried out by means of the system of concourse-opposition in the terms established in the royal decree approving the regulation of entry, provision of posts and professional promotion. In any case, the principles of equality, merit, capacity and publicity shall be respected.

4. Internal promotion for access to a different speciality of the same body shall take place between officials who perform substantially matching or similar activities in their professional content and at their technical level.

5. In any event, officials shall have the academic qualifications required for access to the bodies or specialties concerned, have an age of at least two years in the body to which they belong and meet the requirements and shall pass the tests to be established. Such tests may be carried out on a separate call for general admission. For the purposes of the calculation of seniority, it shall be taken into account that they are accredited in the Body of Auxiliary or Agents of the Administration of Justice from which, where appropriate, they come, depending on the body to which they are intended to be promoted.

Officials who have access to internal promotion will, in any case, have preference for vacant positions offered on applicants who do not come from this shift.

The calls may provide for the exemption of tests aimed at accrediting the knowledge already required for access to the body of origin, and the courses and training programs that have been overcome can be assessed.

TITLE III

Acquisition and loss of official status

Article 491.

1. The condition of a career official is acquired by the successive fulfilment of the requirements set out in the book V of this Organic Law for the Body of Judicial Secretaries.

2. The status of career official is lost in the same assumptions as those contemplated in the book V for the Body of Judicial Secretaries.

Article 492.

1. The retirement of officials may be:

a) Volunteer, at the request of the official

b) Forzosa, by complying with the legally established age

c) By permanent disability for the service.

2. Voluntary retirement shall be taken, at the request of the person concerned, provided that the official fulfils the conditions and conditions laid down in the social security scheme applicable to him.

3. Compulsory retirement shall be declared ex officio when the official is 65 years of age. However, officials may voluntarily extend their stay in the active service until they are 70 years of age, in accordance with the legal or regulatory procedure laid down.

4. The official shall also retire when he has permanent incapacity for the exercise of his or her body's functions. The instruction in the appropriate incapacity file, which may be initiated on its own initiative or at the request of the person concerned, shall be required.

Article 493.

They can be rehabilitated by the procedure that is regulated:

The officials who had lost the condition of such, as a result of the loss of Spanish nationality or permanent incapacity for the service, once disappeared the objective cause that the motive.

Those who would have lost the status of an official by absolute or special disablement as a principal or accessory punishment or by conviction of a custodial sentence for the reason of a criminal offence, once their civil and criminal responsibilities have been extinguished and, where appropriate, the criminal records have been cancelled.

They may also be rehabilitated, the officials who have been separated from the service as a result of disciplinary punishment.

Article 494.

The Minister of Justice will be competent for the appointment of career officials. It shall also be competent to agree to the loss of the status of an official, and in his case the rehabilitation, in the cases referred to in this organic law in the form and through the procedure to be determined, taking into account the circumstances and entity of the offence or misconduct.

Voluntary, forced, or permanent disability, as well as the possible extension of stay in the active service will be agreed by the competent authority of the Ministry of Justice in any case.

TITLE IV

Rights, duties and incompatibilities

CHAPTER I

Rights, duties and incompatibilities

Article 495.

1. Career officials have the following professional rights:

(a) To the maintenance of his/her duties, to the effective performance of tasks or functions of his/her body and not to be removed from the job that they perform but in the supposed and legally established conditions.

b) To receive the remuneration and the compensation for the service established in the current regulations.

c) To the professional career, through the professional promotion mechanisms that are established in accordance with the principles of equality, merit, capacity and publicity.

d) To receive from the Administration the necessary initial and continuous training, in order to improve their professional skills in a way that allows them a better and more prompt adaptation to their jobs and allows them their professional promotion.

In order to ensure homogeneity and to ensure that the training actions established by the different public administrations responsible for personnel management do not represent obstacles in the promotion and mobility of personnel in the service of the Administration of Justice in the territory of the State, coordination and approval measures shall be adopted in the area of continuing training.

e) To be informed by their heads or superiors of the tasks or tasks to be performed and to participate in the achievement of the objectives assigned to the unit where they provide their services.

f) To respect for their privacy and to the consideration due to their dignity, including protection against verbal or physical offenses of a sexual nature.

g) A vacation, permissions, and licenses.

(h) To receive protection in the field of safety and health at work, for which the competent administrations shall take those measures necessary for the effective implementation of the current regulations on the prevention of risks and occupational health, proceeding to the assessment of the initial risks and the establishment of emergency plans, as well as to the creation of prevention services and a Central Committee on Safety and Health.

i) To retirement.

j) A social security scheme, which for career officials and trainee officials, will be integrated by the following coverage mechanisms:

1. The State Passive Classes Regime, which will be governed by its specific rules.

2. The Judicial Mutualism, regulated by Royal Legislative Decree 3/2000 of 23 June, and provisions for development.

2. The system of rights contained in the preceding paragraph shall apply to interim officials to the extent that the nature of the right so permits, being integrated, for the purposes of social security, in the General System of Social Security.

Article 496.

Officials have the following collective rights, in the terms established by the Constitution and laws:

a) To free professional association.

b) Free syndication.

c) To union activity.

d) Strike, in the terms contained in the general government legislation for public officials, guaranteeing the maintenance of the essential services of the Administration of Justice.

e) To collective bargaining, to participation in the determination of working conditions, for which the appropriate frameworks will be established that allow for greater and more intense participation of the representatives of the officials in the service of the Administration of Justice, through working groups, tables or any other forum for dialogue and negotiation.

f) Meeting.

Article 497.

Justice Administration officials are required to:

a) Respect the Constitution and the rest of the legal system.

b) To exercise his duties, duties or duties with loyalty and impartiality and to serve with objectivity the general interests.

c) Diligently comply with the professional instructions received from your superior in the field of your competencies.

d) To carry out with due application the functions or tasks of your job and those others which, in relation to the previous ones, entrust them to their bosses or superiors for the fulfilment of the objectives of the unit.

e) Comply with the day and time arrangements to be established.

(f) Maintain secrecy of matters that are known to you by reason of your positions or functions and do not misuse the information obtained as well as keep secret of the classified or other materials whose dissemination is legally prohibited.

g) To give an account to the competent authorities of those orders which, in their opinion, are contrary to the legality or constitutive of crime.

h) Meet the regime of incompatibilities and prohibitions.

i) Deal with care and respect for citizens.

j) Make your identity and category known to those who require it, except where this is not possible for security reasons.

k) For the proper preservation and use of the premises, materials, documents and information in his or her capacity, not using the means owned by the Administration for their own advantage or exercising their tasks in such a way that they may unlawfully benefit themselves or other persons.

l) Treat with correction and consideration the hierarchical superiors, companions and subordinates.

Article 498.

1. Officials shall be subject to the system of incompatibilities provided for in the general legislation applicable to officials at the service of public administrations.

2. The exercise of any activity requiring a declaration of compatibility shall require the prior authorisation of the Ministry of Justice or the Autonomous Community with assumed powers.

The compatibility for the exercise of a private activity cannot be authorised when special dedication is carried out. Nor shall this authorization be carried out, for medical examiners and medical technicians who perform positions of Director or Deputy Director at the Institutes of Legal Medicine or the National Institute of Toxicology and Forensic Sciences and their departments.

3. In any case, its function will be incompatible with:

a) With regard to Special Bodies:

1. The intervention as individuals in cases that may be related to their functions.

2. The role of the business physician, insurance companies or job performance in such entities.

3. Any private expert activity.

4. Issue of medical certificates of death, unless they provide services in the Civil Registry and only in the exercise of their functions.

b) With regard to General Bodies:

1. The exercise of the Advocate, Attorney General's Office, and jobs in the service of lawyers and prosecutors or any other profession that can be used to act before courts and tribunals.

2. The condition of insurance agents and the insurance agent or insurance company.

3. The performance of the positions of managers, advisors or advisors of companies that pursue lucrative purposes.

4. The performance of administrative management services, either as a holder or as an employee of such offices.

5. The exercise of private expert functions before the courts and tribunals.

Article 499.

1. The official's abstention shall be communicated in writing to the person who is competent to issue the decision which terminates the dispute or cause in the respective instance. If abstention is to be estimated, it will be replaced in the process by whom it is legally required to replace it. If it is dismissed, it will continue to act on the matter.

2. Their recusal will only be possible because of the legally intended causes and the procedures foreseen for the recusal of the judicial secretaries with the following exceptions:

(a) The gubernatorial incident shall be directed by the clerk of the court of which he is hierarchically dependent, and shall be decided by the person who is competent to issue the resolution that terminates the suit or cause in the respective instance.

(b) If, in the light of the statement of objection, the Registrar considers that the cause is not of the law, he shall, in the act, admit the request by expressing the reasons for such inadmissibility. No recourse shall be given to this resolution.

c) Admitted to the document of recusal, and on the day following its receipt, the recusal will manifest the judicial secretary if the alleged cause is given or not. When he recognizes the cause of recusal as true, the judicial secretary will agree to replace the person who is legally required to replace him. No recourse shall be brought against this resolution.

d) If the recusal denies the certainty of the alleged cause as the basis of the challenge, the judicial secretary, heard what the recusal claims, within the fifth day and practiced the checks that the recusal proposes and are pertinent or those that he himself considers necessary, will transmit the actions to whom he has to resolve in order to decide the incident.

3. The officials of the Corps of Forensic Physicians shall apply to them the requirements laid down in the procedural rules regarding the recusal of experts.

CHAPTER II

Day and Time

Article 500.

1. The duration of the general working day in annual calculation and those days to be carried out under special dedication, as well as their specific characteristics, shall be determined by a decision of the competent authority of the Ministry of Justice, prior to the report of the autonomous communities with assumed powers and negotiation with the most representative trade union organizations.

Officials must exercise their activity in terms that require the needs of the service. To this end, the Ministry of Justice, with the prior report of the autonomous communities with responsibilities assumed and negotiation with the trade union organizations, will determine the special compensation and hourly compensation when the attention of urgent and non-deferred procedural actions means an excess of hours on the day to be carried out.

2. The duration of the weekly general day shall be equal to that established for the General Administration of the State. Officials will be able to hold reduced days, in cases and under the conditions laid down in law and regulation.

3. It will be possible to establish days only tomorrow or morning and afternoon for certain services or courts, when the needs of the service so advise, and especially in the units of attention to the public, in which the time of attention to the citizens will tend to increase.

The incorporation of the officials into the morning and afternoon will be voluntary and must be accompanied by incentive measures.

4. The distribution of the day and the fixing of the schedules will be determined through the work schedule, which, on an annual basis, will be approved by the competent authority of the Ministry of Justice and the autonomous communities with assumed powers, in their respective fields, prior to the favorable report of the General Council of the Judiciary and negotiation with the trade union organizations. The work schedule shall be determined on the basis of the number of annual working hours. Time flexibilities may be established at the entry and exit of the work, in any event a number of hours of continuous concurrency.

The schedules to be established must in any case respect the public hearing schedule.

5. Where the peculiarities of certain services or courts so advise, special timetables may be established, which shall be in the relations of employment and shall be the subject of the remuneration to be determined.

6. Failure to comply with the event shall result in the automatic discount of remuneration for the time not worked, calculated in the form laid down by the implementing rules. For these purposes, the loan is considered to be effective within the time established in the form to be determined, taking into account the hourly compensations that come from and the one corresponding to paid leave, as well as the credit of hours paid for trade union functions.

Article 501.

1. The General Council of the Judiciary, the Ministry of Justice and the autonomous communities with assumed powers, as well as the Bar and Attorneys ' Colleges of each district, will determine the courts and other services of the Administration of Justice that must remain in service of the guard, as well as the schedules and the conditions under which it will be performed.

2. The Ministry of Justice and the Autonomous Communities in their respective territories shall ensure the necessary assistance to the judicial organs or services in function of guard. To this effect, prior negotiations with the trade union organizations shall determine the number of officials to provide such service, the permanence in the judicial organ or service or the situation of availability thereof, and shall organize and distribute the schedule to be carried out.

CHAPTER III

Holidays, permissions, and licenses

Article 502.

1. In general, the annual paid leave shall be one calendar month or 22 working days per year in full per year of service or the time corresponding proportionally if the time of the actual service provided during the year is lower. Those destined for the Canary Islands will be able to accumulate in a single period the holidays corresponding to two years.

2. They shall be made compulsory in the calendar year and until 15 January of the following year, at minimum periods of five consecutive working days, in accordance with the planning to be carried out by the competent body, after consultation with the legal representatives of the officials. For these purposes, Saturdays shall not be considered as working days unless otherwise specified in the special schedules.

3. In addition, and depending on the years of seniority that have been completed in the Administration, you will be entitled to an increase in vacation days, which will be equal to that established in the General Administration of the State.

4. In the case of maternity leave, where this situation coincides with the holiday period, the period of maternity leave shall be suspended and the end of the period of maternity leave, in the calendar year or until 15 January of the following year, may be enjoyed. Likewise, the holiday period will be interrupted if during the same period a hospital admission occurs, and it is possible to enjoy the same, once the hospital discharge has occurred, in the same period established in the previous paragraph.

5. The Ministry of Justice and the Autonomous Communities in their respective territorial areas shall be responsible for the granting of the holidays for which, subject to negotiation with the trade union organisations, they shall lay down the rules laying down the manner of enjoyment of the holidays and the procedure for granting them.

6. In any case, the holiday will be granted at the request of the person concerned and his enjoyment will be determined by the needs of the service. If the requested period is refused, that refusal shall be reasoned.

Article 503.

1. For justified reasons, officials shall have the right to equal leave and to the same extent as those laid down in the rules in force applicable to officials of the General Administration of the State, with the exception of a period of nine days, with the exception of a period of nine days, which may not be accumulated in any case for the annual paid leave.

2. The enjoyment of these permits will not affect the economic rights of officials.

Article 504.

1. By reason of marriage, officials shall be entitled to a 15-day leave of absence and shall be granted full of economic rights.

2. Licences may be granted for training and further training in the following cases:

(a) For assistance to training courses included in the training plans to be held annually, organized by the Ministry of Justice, the Autonomous Communities, trade union organizations, or other public or private entities.

The duration and form of enjoyment will be determined by the duration and programming of the courses to be carried out and will not entail any limitation of haberes.

b) For the attendance of courses, congresses or days, provided that they are related to the functions of the body to which the official belongs and assume to complete their training for the exercise of the same.

Its concession will be subordinated to the needs of the service and the budgetary availabilities and its duration will be determined by that of the courses, congresses or days.

These licenses will entitle you to receive basic remuneration and benefits for a child in charge.

3. Officials may be entitled to licences for own matters without any remuneration, the cumulative duration of which may in no case exceed three months every two years of effective service, and their concession shall be subject to the needs of the service.

4. Those who, after the completion of the relevant selective tests, have been appointed officials in practice and are already providing paid services in the Administration of Justice as civil servants, shall be entitled to an extraordinary licence for the duration of the said situation and shall receive the remuneration which is laid down by the officials in practice.

5. The disease or accident that prevents the normal performance of the functions will result in sick leave.

Without prejudice to the obligation to communicate, in the manner that is regulated by law, the impossibility of assisting the work by reason of illness during the working day of the day in which it occurs, the officials shall request from the competent authority, sick leave on the fourth consecutive day to the one in which the absence of the job occurred.

The initial licence shall be granted for as long as the optional licence has been regarded as foreseeable for the cure and, in no case, for a period exceeding 15 days. If the disease state persists, the initial licence shall be automatically extended in such a way as to be determined by the competent authority for granting it, remaining without effect if the cure occurs earlier.

Both the initial license and the extensions will be granted upon presentation of the part of the discharge or medical certification that establishes the certainty of the illness and the impossibility of attending the work.

Sick leave shall be granted from the same pathological process, up to a maximum of 12 months, which may be extended for a further six months, where it is assumed that the worker can be discharged from the hospital for cure. After such time-limits, licences shall be extended until the time of the retirement declaration for permanent incapacity or medical discharge without, in any event, exceeding 30 months from the date of the application for the initial licence.

For these purposes, it is understood that there is new sick leave when the pathological process is different and, in any case, when the licences have been interrupted for a minimum of one year.

Sick leave will give rise to full economic rights during the first 6 months from the date on which the initial licence was applied for, provided that they are derived from the same pathological process and on an ongoing basis or with an interruption of up to one month.

In any case, the person responsible may request only from the appropriate medical inspection, the review of a process to determine that the causes that originated the grant of the license continue to remain.

Article 505.

1. The Ministry of Justice and the autonomous communities with assumed powers shall be competent to grant the permits and licenses established in this organic law, in respect of the officials who provide services in their respective territorial areas, in the form and by means of the procedure laid down in the provisions that are dictated to the effect by them.

2. It is also up to them to monitor the temporary incapacity of the official staff at the service of the Administration of Justice, and may request the optional advice that they consider necessary, to which end they may establish systems of collaboration with those public bodies or entities that in their respective areas assume the inspection, evaluation and monitoring of the temporary incapacity of the general regime of social security and special regimes.

TITLE V

Administrative situations

Article 506.

The career officials of the bodies referred to in this book can be found in some of the following administrative situations:

a) Active service.

b) Special services.

c) Voluntary care for family care.

(d) Voluntary allowance for the provision of services in the public sector.

e) Voluntary disclosure for particular interest.

f) Voluntary income by family group.

g) Suspension of functions.

Article 507.

1. The officials of the bodies referred to in this book shall be in active service when they perform a job in one of the centres of destination which are determined in accordance with Article 521 of this Law.

2. In addition, they shall also be considered as active duty officials:

(a) When they provide services in the Constitutional Court, the General Council of the Judiciary and in the Court of Auditors, except that, in accordance with the provisions of the specific legislations of the aforementioned constitutional bodies, it is appropriate for them to remain in another situation.

(b) When they provide their services in the General Courts, in accordance with the provisions of the General Staff Regulations and do not correspond to them in another situation.

(c) When they access the status of members of the legislative assemblies of the autonomous communities and do not receive periodic remuneration for the performance of the functions.

d) When they access the status of members of the local corporations, except that they perform paid and exclusive dedication in the same.

e) When they provide services in the Government, the Ministers and the Secretaries of State Presidency, and choose to remain in this situation.

(f) When they have access to jobs of other public administrations as long as the relations of jobs, they contain an express forecast for the effect.

g) When they occupy a position of work in the General Judicial Mutuality, assigned to officials of the Administration of Justice.

(h) When they cease in a job because they have obtained another job through procedures for the provision of jobs, during the post-period period.

(i) When, by reason of their status as officials, they provide services in public bodies or entities.

j) When this is determined in a rule with a range of law.

3. The enjoyment of licenses or regulatory permissions will not alter the active service situation.

4. Officials in active duty have all the rights, prerogatives, duties and responsibilities inherent in their condition.

Article 508.

1. The officials of the Corps at the service of the Administration of Justice shall be declared in the situation of special services, in the same cases as those established in the legislation applicable to the officials of the General Administration of the State, except that in accordance with the provisions of this law it is appropriate to remain in another situation.

2. Officials in special services shall be taken into account for the time remaining in such a situation, for the purposes of promotion, triennial and passive rights, except for civil servants who, having entered the service of European Community institutions or of entities and bodies treated as such, exercise the right of transfer provided for in Article 11 (2) of Annex 8 to the Staff Regulations of Officials of the European Communities, without prejudice to the economic effects which may result from the consolidated promotions and trienes up to the date of the exercise of this right.

3. Officials declared in this situation shall be entitled to a place of work in the same locality, under conditions and with remuneration similar to those enjoyed when they were passed on to it, provided that they had moved to such a situation, from that of the active service or another who had recognised the same right. If during the period of stay in the situation of special services they participate in competitions, the reinstatement shall be carried out, with reference to the locality and conditions of the destination obtained in them.

4. Officials in the situation of special services shall receive the remuneration of the post or effective charge they perform and not that which corresponds to them as civil servants, without prejudice to the right to receive the trienes which they have recognised.

5. Under no circumstances will they be able to advise judicial bodies as long as they remain in this situation.

Article 509.

1. Officials shall be entitled to a period of leave of no more than three years in order to take care of the care of each child, either by nature or by permanent or pre-adopted adoption or acceptance, from the date of birth or, where appropriate, from the judicial or administrative decision. The granting of leave shall be conditional on the prior declaration of no other activity preventing or undermining the care of the child.

2. They shall also be entitled to a period of leave of absence, of a duration not exceeding one year, to the care of a family member who is in charge, up to the second degree of consanguinity or affinity which, for reasons of age, accident or illness, cannot be used by itself and does not carry out paid activity.

3. In both cases, the period of leave will be unique for each deceased person. When a new subject causing a new leave of absence, the beginning of the period of the same period will end the one who has been enjoying himself.

This surplus constitutes an individual right of officials. In the event of two officials generating the right to enjoy it for the same deceased person, the Administration may limit its simultaneous exercise for justified reasons relating to the operation of the services.

The period of stay in this situation will be computable for the purposes of triennial, and passive rights. During the first year, officials will be entitled to the reserve of the job they perform and will be able to return to their job without having to apply for re-entry, as well as participating in the competitions that are called. After this period, such reservation shall be for a position in the same locality and for equal pay, and must be requested in the month before the end of the maximum period of stay in the same place, the return to the active service and, if not, will be declared ex officio in the situation of voluntary leave of interest.

Article 510.

1. The officials of the bodies referred to in this book shall be declared on a voluntary basis, on their own initiative or at the request of the person concerned, when they request it in the interest of their own interests, when they are in active service in another body or scale of any of the public administrations, or who are going to provide services in public sector bodies or entities and do not correspond to them in another situation and by family grouping, with the same requirements and effects as those laid down in the legislation applicable to the officials of the General Administration of the State.

2. Likewise, the situation of voluntary leave of absence for the particular interest of civil servants shall be declared ex officio, when the cause which determined the pass to a situation other than that of the active service is terminated, they do not comply with the obligation to request re-entry into the same, within the time limits that are determined.

Article 511.

1. The official declared in a situation of suspension shall be deprived, during the time of his stay, of the performance of his duties and shall not be able to provide services in any public administration or in public bodies or public law entities linked to them.

2. The status of suspension of duties may be provisional or final.

3. The provisional suspension may be preemptively agreed during the processing of a judicial or disciplinary procedure and shall take place in the following cases:

(a) When for any offence the instructor of the criminal proceedings adopts it as a precautionary measure. In any case, it shall be agreed upon when a person has been issued with imprisonment, bail, processing or opening of oral proceedings in the abbreviated procedure.

(b) During the processing of a disciplinary file, by the authority which ordered the opening of the file, it cannot exceed this six-month suspension, except in the event of a cessation of the procedure attributable to the person concerned.

(c) Where the official is unable to attend his or her job as a result of having been deprived by a judge or tribunal, on the occasion of a criminal proceedings, of the right to reside in certain places or to approach certain persons.

4. The suspension shall be final when it is imposed on the basis of a firm criminal conviction or a firm disciplinary sanction.

5. The effects of the suspension situation, either provisional or final, shall be those established for the officials of the General Administration of the State declared in this situation.

Article 512.

It will be up to the Ministry of Justice or the autonomous communities with assumed powers to agree on the granting or declaration in these administrative situations to the officials who provide services in their respective territorial areas, dictating to that effect the necessary provisions concerning the form and the applicable procedure.

Article 513.

1. Changes in administrative situations shall be communicated, in any case, to the Central Register of Personnel referred to in Article 481, for entry and may take place, provided that they meet the conditions required in each case, without the need for reentry prior to the active service.

2. In the event that the new situation leads to the right to the reservation of a job, officials may participate in calls for tenders for the provision of jobs, remaining in the appropriate situation and reserve a position of equal level and similar remuneration to those of the position obtained and in the same municipality.

Article 514.

1. Officials from administrative situations with the right to a job reserve shall be reinstated to the active service in the form and conditions to be determined by the competent authority for granting them.

2. Reentry into the active service from situations which do not involve any reservation shall be effected by participation in the general or specific competition procedures or by the award of a post by the free designation system.

3. It shall also return to the active service, on a provisional basis, by means of an entry to a vacant seat, for which the official shall meet the requirements laid down in the relations of employment.

The re-entry of provisional membership will be, in any case, conditional on the needs of the service and the official assigned will be obliged, in order to obtain definitive destination, to participate in the contests that are called for the provision of jobs and to request, among others, the position that it occupies provisionally.

If you do not obtain a final destination, you will be assigned, on a provisional basis, to a vacant job of any judicial office located in the province or in the territorial area in which the vacancies have been grouped for the purpose of the contest.

If you do not participate in the first competition called after the provisional membership, you will be subject to voluntary leave of interest.

TITLE VI

Remuneration scheme

Article 515.

The officials of the Corps at the service of the Administration of Justice referred to in this book may only be remunerated for the remuneration concepts established in this organic law.

Article 516.

The remuneration will be basic and complementary.

A) The basic salary concepts will be equal to those established by law for the Judicial and Fiscal Careers.

B) Additional remuneration may be: fixed in its amount and periodic in its accrual and variable.

1. These are complementary fixed remuneration in their amount and of a periodic nature:

(a) The general complement of post, which will give back the different types of posts to be established for each body.

(b) The specific supplement, intended to pay for the particular conditions of the same, in the attention of their special technical difficulty, dedication, responsibility, incompatibility, hardship or danger.

2. These are variable complementary rewards:

(a) The complement of productivity, intended to pay for the special performance, the extraordinary activity and the interest or initiative with which the official performs his work, as well as his participation in the concrete programs of action and in the achievement of the objectives to be determined by the Ministry of Justice and the autonomous communities with assumed competences, in their respective fields, heard by the General Council of the Judiciary and after negotiation with the most representative trade union organizations. The accrual of this supplement in a period shall not cause any right to be maintained for successive periods.

(b) Bonuses for extraordinary services, intended to give back extraordinary services rendered outside the normal working day, may in no case be fixed in their amount or periodic on their accrual, nor shall they give rise to any right to their maintenance for successive periods.

Article 517.

1. In addition to the remuneration mentioned in the previous article, the officials who serve in those judicial bodies or services in which the General Council of the Judicial Branch, the Ministry of Justice and the autonomous communities with assumed powers, have deemed necessary permanent and continuous attention, shall be entitled to receive, as a guard, a remuneration whose amount shall be fixed by ministerial order on a joint proposal of the Ministers of Justice and Finance, after negotiation with the trade union organizations, in accordance with the type of guard in question.

This supplement will be the same throughout the territory and your perception will depend on the service of the guard, proceeding with your credit once it has been credited. Their accrual will not result in individual rights for successive periods.

2. The staff referred to in this book shall, where appropriate, receive the corresponding compensation for the reason of the service.

Article 518.

1. Officials who are in a period of practice or develop selective courses as provided for in Article 485 shall be appointed officials in practice and their remuneration arrangements shall be established in this law for officials who are carrying out the period of practice for access to the Body of Judicial Secretaries.

2. If the practices are carried out by performing a job, the amount corresponding to the supplementary remuneration shall be paid by the Ministry of Justice or the autonomous communities with assumed powers, in the territorial area of which the post is held.

Article 519.

1. The amount of the basic remuneration shall be equal for each of the bodies, irrespective of the place of service or of the post being carried out, and shall be determined in the General Budget Law of the State for each year, depending on the specialty of the Corps at the service of the Administration of Justice.

The amount per age will consist of five percent of the salary for every three years of service.

When an official lends his services successively in different bodies, he will perceive the trienes accrued in them, with the value corresponding to the body in which they were perfected.

When an official changes body before completing a three-year period, the fraction of time elapsed will be considered as time of services provided in the new one.

Officials shall be entitled to receive two extraordinary payments per year, each of them, of a monthly salary and seniority and, where appropriate, a proportional amount of the general supplement to the post in terms of the law for the Administration of Justice, which shall be effective in the months of June and December, provided that the recipients are in active service or are entitled to pay the salary on the first day of the months indicated.

2. For the purposes of a general complement of posts, by means of royal decree, the positions of the different units of the judicial offices, as well as other non-jurisdictional services, shall be determined, establishing the valuations of each of them. The amount shall be fixed in the General Budget Law of the State.

3. The individual amount of the specific supplement shall be fixed by the Ministry of Justice or the competent body of the autonomous community, after negotiation with the trade union organisations in their respective fields, in the establishment of the relations of employment positions in the light of the assessment of the particular conditions of employment. All the jobs will be allocated a specific supplement. In no case can more than one specific supplement be allocated to a job.

4. It is up to the Ministry of Justice or the competent body of the autonomous community, in their respective fields, to individually specify the amounts of the productivity supplement and the determination of the officials entitled to their perception, in accordance with the distribution criteria that will be established for the different programs and objectives. The aforementioned authorities shall establish arrangements for the participation of trade union representatives in their specific determination and the formal control of the allocation.

5. The Ministry of Justice and the competent organ of the Autonomous Communities, in their respective fields, will proceed to the individual allocation of the amounts of the gratifications and to the determination of the criteria for their perception.

TITLE VII

Sort of professional activity

Article 520.

1. The officials of the Bodies referred to in this book shall be responsible for the work of the units in which the judicial offices are structured and, where appropriate, in those of the administrative units and common offices referred to in Article 439; those of the Institutes of Legal Medicine, those of the Institute of Toxicology and its departments.

2. In addition, they may provide services to the General Council of the Judiciary, the Constitutional Court and the Court of Auditors in the terms and conditions laid down in the regulations of the staff in the service of the aforementioned constitutional bodies, and in the General Judicial Mutual Affairs in the posts to be determined in the list of posts of the aforementioned public body.

3. They will also be able to gain access to jobs of other public administrations as long as the relations of jobs contain express foresight to the effect. It shall apply to them, as long as they remain in those posts, to the legislation of the Public Service of the Administration in which they are intended and shall remain in active service in their Administration of origin.

Article 521.

1. The organization of the personnel and their integration into the different units that make up the structure of the judicial offices will be carried out through the relations of jobs that are approved and which, in any case, will be public.

2. The employment relations shall contain the allocation of all the positions of the various units of the judicial office, including those to be performed by judicial secretaries, and shall indicate their name, location and essential characteristics, the conditions required for their performance, the general complement of post and the specific supplement.

3. The relations of employment must necessarily contain the following specifications:

A) Manager Center. Centre of destination.

For the purposes of the management of the jobs and their occupation by the official staff, they will have the consideration of management centers, the competent organs of the Ministry of Justice or the competent organ of the autonomous communities for the management of the personnel, to whom the formulation of the relation of jobs in their respective territorial areas will correspond.

Target center will be understood:

Each of the common procedural services.

The set of procedural units of direct support to a given collegiate judicial body that radiate in the same municipality.

The set of procedural units of direct support to single-person judicial bodies belonging to the same judicial order radiating in the same municipality.

The Central Civil Registry and the Unical Civil Records of each locality, where they would have.

Each of the Fiscalas or Adscriptions of Fiscalas.

At the Institutes of Legal Medicine, those that your standard of creation establish as such.

At the National Institute of Toxicology and Forensic Sciences, those that your standard of creation establish as such.

The General Judicial Mutuality.

Each Judicial Office for the Support of the Peace Courts of more than 7,000 inhabitants or of less than 7,000 inhabitants, endowed with functionarial staff in reason of their workload.

B) Type of post. To these effects the posts are classified in generic and singularized.

It is generic positions that do not differ within the organic structure and that involve the execution of tasks or functions of a body, and therefore do not have an individualized functional content. The posts corresponding to the procedural units of direct support to judicial bodies as a general rule shall be generic.

The differentiated positions within the organic structure are unique and involve the execution of tasks or functions assigned individually. For these purposes, in those self-employed communities which have their own language, knowledge of the same shall only be a determining factor in the singularized nature of the post, where its requirement is derived from the specific functions assigned to it in the relations of employment.

C) Provision system. For the purposes of the relations of employment, the form of definitive provision shall be made in accordance with the procedure of the contest or the free designation procedure.

D) Body or bodies to which the posts are attached. The posts will be attached as a general rule to a single body. However, there may be jobs in which the qualification is not considered essential and the required qualification can be determined by factors other than the membership of a given body, it is possible to attach a job to two bodies.

The jobs of the relations of the offices of the judicial offices will be assigned exclusively to the bodies in the service of the Administration of Justice because of their specialized knowledge.

4. In addition to the above requirements, the employment relations may contain:

1. Specific academic title, in addition to the generic one for the group to which the position has been attached, when its need is objectively to be deduced from the nature of the functions to be performed.

2. Specific training, when the nature of the functions of the post is deduce its requirement and can be documented.

3. The oral and written knowledge of the official language in those autonomous communities that are recognized as such.

4. Computer knowledge when necessary for the performance of the position.

5. Aquellas other conditions that are considered relevant in the content of the post or its performance.

Article 522.

1. The Ministry of Justice shall draw up and approve, subject to the General Council of the Judiciary and the negotiation with the most representative trade union organizations, the relations of jobs in which the posts of the judicial offices corresponding to their field of action are ordered.

He will also be competent for the ordination of the offices of the judicial offices assigned to the Body of Judicial Secretaries throughout the territory of the State, prior to the General Council's report on the Judiciary and negotiation with the most representative trade union organizations.

2. The autonomous communities with assumed powers, prior to the General Council of the Judiciary and negotiation with the trade union organizations, will proceed to the initial approval of the relations of the judicial offices of their respective territorial areas. The final approval will be the responsibility of the Ministry of Justice, which can only refuse it on grounds of legality.

3. The Ministry of Justice, prior to the final approval of each employment relationship, shall determine those to be assigned to the Body of Judicial Secretaries.

4. The Ministry of Justice and the Autonomous Communities with powers assumed in their respective territorial areas shall be responsible for drawing up and approving the relations of the administrative units referred to in Article 439.

Article 523.

1. The autonomous communities and the Ministry of Justice may, in their respective areas, approve the relations of initial posts:

1. Redistribute non-singularized jobs within each Judicial Office.

2. Redistribute the jobs of deleted units of the Judicial Office, as a consequence of the modification of the organic structures.

3. Reorder the jobs between different judicial offices.

4. Deusing jobs.

2. In any case, changes in the initial relations of jobs that occur must take into account the principles contained in this Law for the redistribution and reordering of personnel, and in particular the following rules:

1. A motivated project will be developed by the competent administrations, which will be negotiated with the most representative trade union organisations.

2. The denomination, remuneration and other characteristics of the posts concerned must be respected and, in no case, will be changed as a municipality for the staff.

3. In any case, they shall respect the minimum amounts that have been established for the direct support procedural units.

4. Prior report of the General Council of the Judicial Branch will be required and for its effectiveness prior communication to the Ministry of Justice will be required.

TITLE VIII

Provision of jobs and mobility

Article 524.

1. The provision of the posts shall be carried out by means of the tender procedures, which shall be the ordinary system, or of a free designation, in accordance with the determination of the relations of employment and the nature of the tasks to be performed.

2. The posts may be temporarily covered by provisional or secondment of services.

3. In addition and for organisational reasons, the posts may be provided by redeployment or reordering of staff.

Article 525.

They will be competent for the provision of the jobs located in their respective territorial areas, the Ministry of Justice and the autonomous communities with assumed powers, in the assumptions, conditions and according to the procedures established in this organic law and in the General Regulation of Income, Provision of Jobs and Professional Promotion.

Article 526.

1. The contest consists in the verification and assessment of the merits that may be alleged, according to the basis of the call and according to the scale to be established in the competition.

Taking into account the nature and functions of the posts whose coverage is intended, the contest may be:

(a) Transfer competition: for this procedure the generic jobs will be covered.

The valuation of the merits will be carried out, in the form and according to the scale determined by the royal decree approving the General Regulation of Income, Provision of Jobs and Professional Promotion.

b) Specific competition: for this procedure, the singularized jobs will be covered. It will consist of two phases:

1. The first shall be the verification and assessment of the general merits, in accordance with the provisions of paragraph (a) of this Article.

2. In the second phase, the assessment of specific skills, through knowledge, experience, academic qualifications and those other elements that guarantee the suitability of the candidate for the performance of the post, will be carried out. These skills will be assessed in the way that is determined in the call without, in any case, this second phase can assume more than 40 percent of the total maximum score of both phases.

2. In the free designation procedure, the competent body shall assess the suitability of the candidates in relation to the requirements for the performance of the post.

They can be provided by this system, the managerial positions and those for whom, for their special responsibility and dedication, so be established in the relations of jobs.

3. In any event, the public notice will be required in the "Official Gazette of the State" and the Official Gazette of the Autonomous Community, indicating the name of the post, location, and remuneration, as well as, where appropriate, of the minimum requirements required.

Article 527.

Without prejudice to the possibility of appointment of interim officials for reasons of urgency or need referred to in Article 472.2, vacant posts or in the event of the absence of their holder may be temporarily provided as follows:

1. Vacant posts, until such time as the provision systems are in place or when they have been resolved have not been covered by the absence of a suitable candidate, may be provided by officials who meet the requirements for their performance, by granting a commission of service, which may be voluntary or forced.

Officials who are on secondment shall retain their place of origin and shall be entitled to the additional remuneration of the post they perform.

If the commission is forced to act and the remuneration of the post is lower than that of origin, the additional remuneration which is higher shall be guaranteed in any case.

2. By way of derogation, they may be temporarily covered by replacement of posts which are vacant or where the holder is absent for the purpose of enjoying long-term licences or permits.

To be appointed as a substitute, the requirements established for the performance of the job in question must be met in the employment relationship.

The assumptions and the procedure applicable to the substitutions will be established. In the case of a post of work assigned to the Body of Judicial Secretaries, the procedure and requirements applicable to the replacement shall be expressly established for the appointment of substitute secretaries.

Likewise, the jobs will be able to be temporarily performed by provisional membership, in the cases of cessation and resignation.

Officials appointed for free designation may be terminated on a discretionary basis, by means of a decision in which the statement of reasons shall be limited to the competence to adopt it.

The holders of a job obtained by a specific contest or by free designation may give up the same, by reasoned request in which they shall state, the professional or personal reasons and provided that they have performed the said post, at least one year.

In the above cases, the officials shall be provisionally assigned, as long as they do not obtain another definitive character, to a job corresponding to their body, within the same municipality and with the effect of the day following that of the termination of the cessation or acceptance of the waiver.

They may also be assigned provisionally to a job corresponding to their body, the career officials who return to the active service from situations that will not behave as a job reserve. In this case, the membership will be conditioned to the needs of the service.

Article 528.

1. Redeployment of staff.

Officials who hold generic positions will be able to be assigned for the needs of the sevicio to others of equal nature, general complement of post and specific complement of the same center of destination.

The job that is accessed through redistribution will be final, starting the calculation of the minimum length of stay in a position to be able to attend from the date on which it was agreed on a definitive basis, with the minimum length of stay, in accordance with the provisions of Article 529.3, with reference to the position that was performed at the time of the redistribution.

2. Reordering of personnel.

For organizational reasons and through the corresponding modifications of the relations of jobs, the generic jobs and the holders of the same will be able to be attached to other centers of destination.

This mobility process will be carried out on the basis of a project presented by the relevant administrations and negotiated with the most representative trade union organisations through voluntary mobility procedures.

The posts or places that are not covered will be subsequently assigned by a process of forced reassignment, in the terms that are regulated.

Officials affected by a forced rearrangement will be exempt from the obligation of minimum stay in the post referred to in Article 529, with the preference to obtain a job at their home destination in the first contest in which places of the centre are offered.

For the purposes of determining the post affected by the rearrangement, where there is more than one of the same nature, the criterion of voluntary nature shall be applied by the officials who perform them and, failing that, seniority in the occupation.

Article 529.

1. The Ministry of Justice and the Autonomous Communities shall convene national competitions for the provision of vacant posts in their territorial areas.

The General Rules of Procedure, Provision of Jobs and Professional Promotion of the officials of the Administration of Justice will establish the rules to which the calls have to be adjusted, as well as the general merits to be valued.

2. Officials may participate in such competitions, whatever their administrative situation, except those declared to be a firm which cannot participate for the duration of the suspension, provided that they meet the general conditions required and the requirements specified in the call, on the date of the end of the period for the submission of the request and without any limitation on the grounds of the location of destination.

3. No party may be held in a transfer contest for the provision of generic jobs until two years after the decision on which the transfer contest was convened, in which the official obtained his final final destination, from which he participates, or the decision in which he was awarded the final destination, in the case of officials of new entry.

For the computation of the years, the calendar year in which the resolutions in question were issued shall be considered as the first year, regardless of their date, and as the second year, the following calendar year.

4. Officials who do not have a final destination, who are obliged to participate in the competitions in accordance with the rules in force, shall be excluded from the time limit provided for in the preceding paragraph.

Article 530.

In the calls for jobs of the autonomous communities with assumed competences whose own language is of official character, the oral and written knowledge of it will be valued as merit. In certain posts, it may be regarded as a requirement for access to them, where the nature of the duties to be performed arises from such a requirement and thus be established in the relations of employment.

Article 531.

1. The provision of vacant generic posts shall be carried out by means of a transfer contest, which shall be convened and resolved in their respective fields by the Ministry of Justice and by the autonomous communities which have received the transfer of personal means and in which all the officials who meet the required requirements may participate, whatever territory they are intended for.

2. Such contests shall be convened at least once a year, on the same date throughout the territory of the State, and shall be settled by each Convening Administration so that the persons concerned cannot take possession more than in a single destination and in the same body.

To this end, the General Regulation of Income, Provision of Jobs and Professional Promotion of the officials of the Administration of Justice will contain the rules applicable to the competitions of transfers, which will ensure the effective participation in conditions of equality of all the officials, establishing a system that will guarantee in a permanent way the immediacy and agility in the provision of the vacancies, as well as a calendar for the convocation and resolution of the competitions of transfers that allows to determine the places of work to offer to the officials of the new entry, in accordance with the provisions of Article 488.3.

3. The calls will be made public through the "Official Gazette of the State" and the Boletreas or Official Diaries of the Autonomous Communities.

4. Tenders shall be offered for vacant positions to be determined by the competent authorities and those resulting from the competition itself, provided that their depreciation is not foreseen.

Article 532.

1. The specific competitions shall be convened and resolved by each competent authority in its territorial area, ensuring that the calls and their resolution do not interfere with the results of the competitions called by the respective administrations, and the officials of the Administration of Justice may participate in them, whatever the territorial scope in which they are intended.

2. The general merits to be determined in the General Regulation of Income, Provision of Jobs and Professional Promotion of the officials of the Administration of Justice shall be assessed in accordance with the criteria laid down therein.

3. The specific merits shall be appropriate to the characteristics of each post and shall be determined in the call, without in any case exceeding the maximum percentage of the total score set out in Article 526.

Article 533.

1. The aforementioned merits shall be verified and valued by a commission, which shall be made up of four members representing the Management Board appointed by it, of which at least one shall be an official at the service of the Administration of Justice.

The most representative trade union organisations in the field concerned shall participate as members of the valuation committee, in numbers lower than those of the members appointed on a proposal from the Administration.

2. All members shall belong to bodies of equal or higher qualifications to which they are assigned and shall hold posts of equal or higher status to the call.

The President and Secretary shall be appointed by the convening authority among the members appointed by the Administration.

TITLE IX

Disciplinary responsibility

Article 534.

1. The judicial secretaries and the officials of the bodies referred to in this book shall be subject to disciplinary responsibility and shall be punished in the cases and in accordance with the principles laid down in this organic law.

2. In addition to the authors, the superiors who consent, as well as those who produce or cover up, will be responsible for the very serious and serious faults when such acts are caused serious harm to the Administration or the citizens.

3. No penalty may be imposed by the commission for a very serious or serious failure, but on the basis of a disciplinary record instructed to do so by the procedure laid down in the General Rules of Disciplinary Procedure of the officials at the service of the Administration of Justice, which is dictated by the development of this law.

For the imposition of penalties for minor faults, the prior instruction of the file shall not be required, except for the processing of the hearing to the person concerned.

4. Where the instruction of a disciplinary procedure results in the existence of serious evidence of criminality, its processing shall be suspended, bringing it to the attention of the Prosecutor's Office.

5. The opening of a criminal procedure will not be an obstacle to the initiation of a disciplinary record for the same facts, but there will be no resolution in this case until there has been a firm or self-ruling judgment in the criminal case.

In any event, the proven statement of facts contained in the resolution that puts an end to the criminal procedure will link the resolution that is being given in the disciplinary record, without prejudice to the different legal status that may merit in one and the other way.

Only criminal and disciplinary sanctions can be imposed on the same facts, when there is no identity of legal base and protected legal status.

6. During the procedure, the provisional suspension may be agreed as a precautionary measure, which shall require a reasoned decision.

7. Disciplinary sanctions will be recorded in the staff register, with the expression of the facts imputed. Such entries shall be cancelled in the course of time-limits to be determined in accordance with the rules.

Article 535.

The disciplinary procedure to be established in the development of this organic law must guarantee the expeditious official, in addition to those recognized by Article 35 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the following rights:

1. The presumption of innocence.

2. To be notified of the appointment of instructor and secretary, as well as to challenge them.

3. To be notified of the facts imputed, of the infringement they constitute and of the sanctions which, if any, can be imposed, as well as of the sanctioning resolution.

4. º To formulate allegations.

5. To propose how many tests are appropriate for the determination of the facts.

6. To be able to act in the assisted procedure of a lawyer or the trade union representatives to determine.

Article 536.

The faults can be very serious, severe and mild.

A) Are considered very serious faults:

1. Failure to comply with the duty of fidelity to the Constitution in the exercise of public function.

2. Any action involving discrimination on grounds of sex, race, religion, language, opinion, place of birth or neighbourhood or any other personal or social condition or circumstance.

3. The abandonment of the service.

4. The issuing of reports or the adoption of manifestly illegal agreements or decisions, where serious prejudice to the public interest or injury to the fundamental rights of citizens is caused.

5. The improper use of the documentation or information to which they have or have had access by reason of their position or function.

6. Negligence in the custody of documents that give rise to undue dissemination or knowledge.

7. Repeated non-compliance with the functions inherent in the job or duties entrusted to it.

8. The use of the faculties it has attributed, to influence electoral processes of any nature and scope.

9. Failure to comply with judicial decisions whose execution is entrusted to them.

10. Serious or repeated disobedience to the oral or written orders or instructions of a superior issued by him in the exercise of his or her powers, relating to the duties or duties of the person concerned, unless they are manifestly illegal.

11. The use of the status of an official to obtain an undue benefit for himself or for a third party.

12. The carrying out of activities declared incompatible by law.

13. The failure to observe the duty of abstention, knowing that some of the legal causes are present.

14. Acts which prevent the exercise of fundamental rights, public freedoms and trade union rights.

15. Failure to comply with the duty to attend essential services in the event of a strike.

16. Sexual harassment.

17. Serious aggression to any person with whom they relate in the exercise of their duties.

18. The arbitrariness in the use of authority that causes serious injury to the subordinates or the service.

19. The actions and omissions that have resulted in a firm statement to a declaration of civil liability in the exercise of the function for the purpose or gross fault.

20. The commission of a serious misconduct where it has been previously sanctioned by two other serious persons who have acquired firmness, without the cancellation of the corresponding entries being cancelled or carried out.

B) Serious faults are considered:

1. Disobedience expresses the orders or instructions of a superior, issued by him in the exercise of his or her powers, relating to the functions or duties of the person concerned, unless they are manifestly illegal.

2. Failure to comply with court decisions which have been entrusted to them, where it does not constitute a very serious failure.

3. Abuse of authority in the exercise of its functions where it is not a very serious matter.

4. The negligence in the custody of documents, as well as the improper use of the same or the information they know for the purpose of the charge, when such conduct is not a very serious fault.

5. The third unjustified lack of assistance over a three-month period.

6. Negligence or undue delay in the performance of the duties inherent in the job or duties entrusted to it when it does not constitute a notorious breach of the duties.

7. The exercise of any activity capable of compatibility, in accordance with the provisions of Law 53/1984, of December 26, on the incompatibilities of the staff at the service of the public administrations, without obtaining the relevant authorization or having obtained it with a lack of veracity in the alleged budgets.

8. The lack of serious consideration with superiors, peers or subordinates, as well as with professionals or citizens.

9. To cause serious damage to the documents or work material, as well as to the premises intended for the provision of the service.

10. The improper use of the computer and materials used in the exercise of their functions and the failure to comply with the instructions provided for their use, as well as the improper use of the keys to access the computer systems.

11. Actions or omissions aimed at circumventing the control systems of schedules or to prevent the unjustified non-compliances of the working day from being detected.

12. To stop promoting the requirement of disciplinary responsibility to the staff who integrate their office, when they know or should know of the serious non-compliance with the same duties as they correspond to them.

13. Hinder inspection work.

14. To promote their abstention in a clearly unjustified manner.

15. Repeated non-compliance with working hours without justified cause.

16. The committee of a lack of a slight character having been previously sanctioned by a firm resolution for two other mild ones, without having been cancelled or proceeded the cancellation of the corresponding annotations.

C) Are considered minor faults:

1. The lack of consideration with superiors, peers or subordinates, as well as with professionals or citizens, when it does not constitute a more serious infringement.

2. Failure to fulfil the duties of his or her post or job or negligence in his/her performance, provided that such conduct does not constitute a more serious offence.

3. Unjustified delay in the performance of his duties, where it is not more serious.

4. The unjustified absence for a day.

5. Non-compliance with working hours without justified cause when it does not constitute a serious fault.

Article 537.

In the General Rules of Disciplinary Regime of the officials at the service of the Administration of Justice, the criteria for determining the graduation of the sanctions that, in any case, will be based on the following principles shall be established:

1. Intention.

2. Perjudgment caused to the Administration or to the citizens.

3. Degree of participation in the commission of the fault.

4. º Reiteration or recidivism.

Article 538.

The sanctions that can be imposed on officials for the faults committed in the exercise of their duties are:

a) Aperception.

b) Suspension of employment and salary.

c) Forced transfer outside the municipality of destination.

d) Separation of the service.

The penalties of paragraphs (b) and (c) may be imposed by the commission of serious and very serious misconduct, with its duration being graduated according to the circumstances in which the penalty is imposed.

The service separation penalty can only be imposed for very serious faults.

The suspension of duties imposed by the commission of a very serious fault shall not be more than six years or less than three years. If it is imposed for a serious fault, it shall not exceed three years.

Officials who are sanctioned with forced removal will not be able to obtain a new destination in the municipality of origin for three years, when it would have been imposed for a very serious lack, and during one, when it would have been for the commission of a serious fault.

Minor faults can only be corrected with warning.

Article 539.

They shall be competent for the opening and processing of disciplinary files as well as for the imposition of sanctions by the officials of the bodies included in the scope of this book, the Ministry of Justice and the bodies to be determined by the autonomous communities with assumed powers, in their respective territorial areas, and with respect to the officials assigned to them.

The separation of service will be agreed upon by the Minister of Justice in any case.

When the sanction of forced removal involves the mobility of the territory of an autonomous community to that of another with assumed powers, it will be competent to agree to it the Minister of Justice, prior favorable report of the autonomous community to whose territory the sanctioned official is transferred.

Article 540.

1. Minor faults will be prescribed at two months; the serious ones, at six months, and the very serious ones, per year. The deadline shall be computed from the date of its commission.

2. In cases where a fact of the matter is open to the opening of a criminal case, the limitation periods shall not begin to be taken into account but from the conclusion of the procedure.

3. The limitation period shall be interrupted at the time the disciplinary procedure is initiated by recompacting the time limit if the file remained paralyzed for more than six months for reasons not attributable to the official subject to the procedure.

4. The penalties imposed will be prescribed at four months in the case of minor faults; in cases of serious misconduct and at two years of age, in cases of very serious misconduct. The limitation period shall be calculated from the day following that in which the decision in which it is imposed becomes final. '

One hundred and twenty-five. A new book VII "From the Fiscal Ministry and other persons and institutions cooperating with the Administration of Justice" is created, with the following content:

" BOOK VII

From the Fiscal Ministry and other persons and institutions cooperating with the Administration of Justice

TITLE I

From The Fiscal Ministry

Article 541.

1. Without prejudice to the functions entrusted to other bodies, the Prosecutor's Office has the task of promoting the action of Justice in defense of the law, the rights of the citizens and the public interest protected by the law, either on its own initiative or at the request of the interested parties, as well as to ensure the independence of the courts and to ensure that the social interest is satisfied.

2. The Prosecutor's Office shall be governed by the provisions of its Organic Statute.

TITLE II

Of Lawyers and Attorneys

Article 542.

1. The name and function of a lawyer to the degree in law that professionally exercises the direction and defense of the parties in all manner of processes, or the legal advice and advice, corresponds exclusively to the name and function of the lawyer.

2. In their actions before the courts and tribunals, the lawyers are free and independent, subject to the principle of good faith, will enjoy the rights inherent in the dignity of their function and will be protected by those in their freedom of expression and defense.

3. The lawyers must keep secret of all the facts or news that they know for reason of any of the modalities of their professional performance, not being able to be obliged to declare on the same.

Article 543.

1. It is exclusively for the procurators to represent the parties in all kinds of processes, except where the law authorizes otherwise.

2. They may carry out the acts of communication to the parties to the process authorized by the law.

3. The procurators shall apply the provisions of paragraph 3 of the preceding Article.

4. In the exercise of their profession, the procurators may be replaced by another prosecutor. Also for the acts and in the form that is determined to be regulated, they may be replaced by an authorized officer.

Article 544.

1. Before beginning their professional exercise, lawyers and prosecutors will be sworn in or promise to abide by the Constitution and the rest of the legal system.

2. The collegial of the lawyers and prosecutors will be required to act before the courts and tribunals in the terms provided for in this law and by the general legislation on professional colleges, except that they act in the service of the public administrations or public entities for reasons of functionarial or labor dependency.

Article 545.

1. Unless otherwise provided by law, the parties may freely designate their representatives and advocates among the attorneys and attorneys who meet the requirements of the law.

2. They shall be appointed on their own initiative, in accordance with the provisions of those provisions, to whom they so request or refuse to appoint them, with their intervention required. The defense of trade will have a free character for those who credit insufficient resources to litigate in the terms established by the law.

3. In the case of work and social security procedures, the technical representation may be held by a registered social graduate, to whom the obligations inherent in his function shall apply, in accordance with the provisions of his professional legal order, in this title and in particular in Articles 187, 542.3 and 546 of this law.

Article 546.

1. It is the obligation of the public authorities to guarantee the defense and the assistance of counsel, in the terms established in the Constitution and in the laws.

2. Lawyers and prosecutors are subject to civil, criminal and disciplinary liability in the exercise of their profession, as appropriate.

3. Disciplinary corrections for their actions before the courts and tribunals will be governed by the law and the procedural laws. The disciplinary responsibility for their professional conduct is to declare them to the corresponding Colleges and Councils in accordance with their statutes, which must in any case respect the guarantees of the defense of the entire sanctioning procedure.

TITLE III

From the Judicial Police

Article 547.

role of the Judicial Police includes the help of the courts and tribunals and the Prosecutor's Office in the investigation of the crimes and in the discovery and insurance of the criminals. This function will be required, when required to lend it, to all the members of the Security Forces and Corps, whether they depend on the central government or the autonomous communities or local authorities, within the scope of their respective competencies.

Article 548.

1. Judicial Police units will be established that will be functionally dependent on the judicial authorities and the Prosecutor's Office in the performance of all the actions they are entrusted with.

2. The organization of these units and the means of selection and legal regime of its members shall be established by law.

Article 549.

1. They specifically correspond to the Judicial Police units the following functions:

(a) The investigation of the perpetrators and circumstances of the criminal acts and the detention of the former, following the judicial and fiscal authority, in accordance with the provisions of the laws.

b) The aid to the judicial and fiscal authority in how many actions it should take outside its headquarters and require police presence.

(c) The material performance of the actions that require the exercise of coercion and shall order the judicial or fiscal authority.

d) The guarantee of compliance with the orders and resolutions of the judicial or fiscal authority.

e) Any other of the same nature in which their cooperation or assistance is necessary and shall be ordered by the judicial or fiscal authority.

2. In no case shall the members of such units be entrusted with the practice of actions other than those of the Judicial Police or those arising therefrom.

Article 550.

1. In the criminal investigation functions, the Judicial Police will act under the direction of the courts and tribunals and the Prosecutor's Office.

2. Judicial Police officers who have been entrusted with a particular performance or investigation within the jurisdiction referred to in Article 547 of this Law may not be removed or removed until the end of the same or, in any case, the stage of the judicial proceeding that originated it, if not by decision or with the authorization of the competent judge or prosecutor.

TITLE IV

The representation and defense of the State and other public entities

Article 551.

1. The representation and defense of the State and its autonomous organizations, as well as the representation and defense of the constitutional bodies, whose internal rules do not establish a special regime of their own, will be the responsibility of the State Attorneys integrated in the legal service of the State. The State Attorneys may represent and defend the other public entities and entities, state mercantile societies and foundations with state participation, in the terms contained in Law 52/1997 of 27 November, of Legal Assistance to the State and Public Institutions and provisions of development. The representation and defense of the managing entities and the General Treasury of Social Security shall be the responsibility of the Letters of the Administration of Social Security, without prejudice to the fact that, in both cases, and according to what is determined, they may be entrusted to a collegiate lawyer specially designated for that purpose.

2. The representation and defense of the General Cortes, the Congress of Deputies, the Senate, the Central Electoral Board, and the organs and institutions that are linked or dependent on them will be the responsibility of the Letrados of the General Courts integrated into the respective general secretaries.

3. The representation and defense of the autonomous communities and those of the local authorities shall correspond to the lawyers who serve in the legal services of those public administrations, unless they appoint a collegiate lawyer to represent and defend them. The State Lawyers may represent and defend the Autonomous Communities and local authorities in the terms contained in Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions and its implementing regulations.

TITLE V

Of the sanctions that can be imposed on those involved in lawsuits or causes

Article 552.

Lawyers and attorneys who intervene in lawsuits and causes, when they fail to comply with the obligations imposed on them by this law or the laws of procedure, may be corrected in accordance with the provisions of this Title, provided that the fact does not constitute a crime.

Article 553.

Lawyers and prosecutors will also be disciplined for their actions before the courts and tribunals:

1. º) When in their forensic action they will fail orally, in writing or by work, to respect due to the judges and courts, prosecutors, lawyers, judicial secretaries or any person who intervenes or relates to the process.

2. º) When called to the order in the oral arguments, they do not obey repeatedly to the one who is in the act.

3. º) When they do not appear before the court without justified cause once cited in form.

4. º) When they unjustifiably give up the defence or representation they exercise in a process, within seven days prior to the conclusion of the judgment or seen.

Article 554.

1. The corrections that may be imposed on the persons referred to in the above two Articles are:

a) Aperception.

b) Multa whose maximum amount will be that provided in the Penal Code as penalty for the faults.

2. The imposition of the fine correction shall be made on the basis of the gravity, background and circumstances of the facts committed, and in any event shall always be imposed with an audience of the person concerned.

Article 555.

1. The correction shall be imposed by the authority in respect of which the action is taken.

2. It may be imposed on the autos themselves or in separate proceedings. In any event, the Registrar shall state the reasons for the corrective action, the arguments of the person involved and the agreement to be adopted by the judge or the chamber.

Article 556.

Against the agreement of imposition of the correction, it may be brought, within five days, an appeal hearing in justice before the judicial secretary, the judge or the chamber, who will resolve it in the next day. Against this agreement or against the imposition of the sanction, in the event that the appeal of hearing in justice had not been used, it shall, within five days, be brought before the Chamber of Government, which shall decide upon it after a report by the judicial secretary, the judge or the chamber which has imposed the correction, at the first meeting it holds.

Article 557.

Where any of the special corrections provided for in the procedural laws for certain cases are appropriate, it shall apply, as regards the method of imposing it and the usable resources, as laid down in the two preceding articles. "

One hundred and twenty-six. A new wording is given to the additional seventh provision, in the following terms:

" When the knowledge of the governmental resource against the negative rating of a Property Registrar based on rules of law foral is attributed by the Statutes of Autonomy to the courts located in the autonomous community in which the Registry of the Property is demarcated, it will be brought before the competent court. If it has been brought before the General Directorate of the Registers and Notaries, the latter shall forward it to that body. '

One hundred and twenty-seven. A new additional provision is added fourteenth, with the following wording:

" Accessibility for persons with disabilities and the greater number of services of a judicial nature constitutes a criterion of quality, which must be guaranteed by the competent authorities. The newly created judicial agencies and services will have to comply with the regulations in force regarding the promotion of accessibility and the elimination of barriers of any kind that apply to them. The competent authorities and authorities, in the sphere of their respective powers, shall promote programmes to remove the barriers to dependencies and services which, by reason of their seniority or other reasons, present obstacles for users with mobility or communication problems. "

Additional disposition first. Categories of the Body of Judicial Secretaries.

The three categories of the Body of Judicial Secretaries are maintained, which, as of the entry into force of this law, become personal categories, suppressing the forced ascent. The Ministry of Justice shall confirm the judicial secretaries in the category they hold on that date. Those who are considered to be harmed in the assignment of their personal category may request the revision of the same according to objective criteria based on the time of effective service provided in the body.

Likewise, the Ministry of Justice will proceed to classify the positions assigned to judicial secretaries in groups. The assignment of personal categories and the classification of the posts in the corresponding groups shall not mean the cessation of the destinations obtained by contest, whether the position of the job is classified in a group higher or lower than the personal category.

If the job position is classified in a higher group, the judicial secretary who serves it will begin to consolidate the new category from the moment the aforementioned classification groups of the jobs are approved.

Additional provision second. Body of Faculty of the National Institute of Toxicology and Forensic Sciences.

The career officials of the Institute of Toxicology's Faculty of Facultative Technicians will be integrated with the effects of one of January 2004, in the Faculty of Faculty of the National Institute of Toxicology and Forensic Sciences, which is created in this law.

Additional provision third. Secretaries of the Peace Courts of municipalities of more than 7,000 inhabitants.

The members of the Secretariat of the Peace Courts of municipalities of more than seven thousand inhabitants declared to be extinct will be integrated into the Process and Administrative Management Corps if they meet the requirements for access to the body. Those who, at the date of entry into force of this law, do not have such a degree, will be integrated in the Scale to extinguish that body which is created by this law.

Integration will have effect from 1 January 2004.

Additional provision fourth. Integration of Bodies.

1. The career officials belonging to the Body of Officers of the Administration of Justice who will hold, on the date of entry into force of this organic law, degree of University Diplomacy, Technical Engineer, Technical Architect or equivalent, will be integrated with effects of January 1, 2004 in the Body of Management Process and Administrative that is created by this law.

2. The career officials of the Technical Technology Scale of the Institute of Toxicology, which will hold the title of Superior Technician in Professional Training or equivalent to the date of entry into force of this law, will be integrated with effect from 1 January 2004 in the Technical Corps of the National Institute of Toxicology and Forensic Sciences.

3. The officials of the career belonging to the Body of Auxiliary of the Administration of Justice that will hold, on the date of entry into force of this organic law, degree of Bachiller or equivalent, will be integrated with effects of January 1, 2004 in the Body of Procedural and Administrative Procedure that is created by this law.

4. The career officials belonging to the Laboratory Auxiliary Scale of the Institute of Toxicology, which will be held at the date of entry into force of this Organic Law, a Technical Degree in Vocational Training or equivalent, will be integrated with effect from 1 January 2004 in the Laboratory Assistant of the National Institute of Toxicology and Forensic Sciences, which is created in this law.

5. The career officials belonging to the Body of Agents of the Administration of Justice who will hold, on the date of entry into force of this organic law, the degree of graduate in E.S.O. or equivalent, will be integrated with effects of January 1, 2004 in the Body of Judicial Aid that is created by this law.

6. The officials of the Corps of Officers, Auxiliary and Agents in the service of the Administration of Justice, of the Scale of Technical Specialists and of the Scale of Laboratory Auxiliary of the Institute of Toxicology that, for not gathering the requirements of qualification demanded at the date of entry into force of this law, cannot be integrated into the bodies that are created, will be integrated with effects of January 1, 2004 in the scales to extinguish that are related:

Scale to be extinguished from the Process and Administrative Management Corps, in which the career officers of the Officers ' Corps will be integrated in the service of the Administration of Justice.

Scale to be extinguished from the National Institute of Toxicology and Forensic Sciences ' Corps of Technical Specialists, in which the career officials of the former Technical Scale of the Institute of Toxicology will be integrated.

Scale to be extinguished of the Body of Procedural and Administrative Processing, in which the career officers of the Auxiliary Corps will be integrated in the service of the Administration of Justice.

Scale to be extinguished from the Judicial and Auxiliary Corps, in which the officers belonging to the Corps of Agents will be integrated in the service of the Administration of Justice.

Scale to be extinguished of the laboratory assistant body of the National Institute of Toxicology and Forensic Sciences, in which the career officials of the former Laboratory Auxiliary Scale of the Institute of Toxicology will be integrated.

7. The integration into the bodies or the scales will not imply any differentiation in the remuneration and promotion aspect nor in the rest of the labor rights regulated in this law.

The effects of integration will be extended to all officials whatever their administrative situation.

8. The Ministry of Justice will establish the procedure for the integration of these bodies.

Additional provision fifth. Regulatory assets for passive purposes.

The regulatory assets for the passive effects of the newly created bodies and scales established in this law, both for the determination of the passive class pensions to which there is a place, and for the calculation of the shares of passive rights and of the administrative mutualism, will be without retroactive effect and regardless of the form of access to those bodies that correspond to the required qualification for income in them, as provided in article 30 of the recast text of the Law of State Passive Classes and concordant provisions.

Additional provision sixth. Deletion of ratings.

As of the date of entry into force of this law, the ratings granted under Article 282.1 of the Organic Law of the Judiciary 6/1985 remain without effect.

Additional provision seventh. Officials assigned to Fiscalas.

The provisions and organizational norms established in this organic law will be a reference in the organization of the jobs of the procuratorates and procuratorates of fiscalas, which will only be served by officials of the bodies in the service of the Administration of Justice, to whom the regulatory norms of the Legal Statute will apply that for these bodies are established in this law and in the regulations that are dictated in its development.

Additional disposition octave. Application in the Community of Navarre.

The provisions of this organic law concerning the career civil servants belonging to the Corps at the service of the Administration of Justice will be applied in the Community of Navarra in the terms established in Article 122 and the additional provision of the Constitution and in the Organic Law 13/1982, of 10 August, of Reintegration and Improvement of the Foral Regime of Navarre.

Additional provision ninth. New management and coordination body.

In the structure of the Ministry of Justice there will be an organ in charge of the direction and coordination of the Secretaries of Government and the other judicial secretaries, whose holder will be called the Secretary General of the Administration of Justice.

Additional provision 10th. Reform of Law 15/2003 of 26 May, regulating the remuneration of judicial and fiscal careers.

The following amendments are introduced in Law 15/2003 of 26 May, regulating the remuneration of judicial and tax careers:

a) New wording is given to the fourth additional disposition, which happens to have the following content:

" Additional provision fourth.

The judges referred to in Article 308 of the Organic Law of the Judiciary shall be charged with the budgets of the Ministry of Justice with the basic remuneration corresponding to the category of judge and the supplementary, variable and special remuneration corresponding to the post of destination occupied, once they are called for the exercise of the functions referred to in Articles 212.2, 216, 216 bis 1, 216 bis 2, 216 bis 3 and 216 bis 4 of the Organic Law of the Judiciary.

As long as they remain attached to the General Council of the Judiciary, without appeal to the exercise of these judicial functions, they shall receive these basic and complementary remuneration from the budgets of the General Council of the Judiciary. "

b) A new additional provision is added seventh, in the following terms:

" Additional provision seventh.

The members of the judicial and prosecutor's offices assigned to the Ministry of Justice in accordance with the provisions of Article 25 of Law 38/1988 of 28 December 1988, of Demarcation and of the Judicial Plant, will receive, as a result of the additional remuneration laid down in this law, the add-in of the destination corresponding to the Magistrates of the Superior Court of Justice of Group 1, when they have the category of magistrates or prosecutors, and the complement of destination corresponding to the group 5, when they have the category of judges and attorneys. The basic remuneration shall be those provided for in this law in accordance with its category and all of them may also, where appropriate, receive variable remuneration and special remuneration for the performance or performance of certain services, in accordance with the provisions of this law, in the amount and conditions laid down by the Ministry of Justice.

If they hold the rank of magistrates of the Supreme Court, they will receive the remuneration that corresponds to them in accordance with the General Budget Laws of the State.

This additional provision shall apply with the economic effects provided for in the first transitional provision of this law. "

Additional provision eleventh. Reform of Law 38/1988, of December 28, of Demarcation and of the Judicial Plant.

The following amendments are introduced in Law 38/1988, of December 28, of Demarcation and of Judicial Plant:

One. Articles 3, 8 (2) and 23 (1) and (3) shall be amended as follows:

" Article 3.

1. The Provincial Hearings, the Courts of the Criminal, the Courts of the Administrative Contentious, the Courts of the Social, the Courts of Penitentiary Surveillance, the Courts of Minors and the Courts of the Commercial have jurisdiction in the territorial scope of their respective province.

2. However, they have their jurisdiction limited to a single judicial party, or to several or, on the contrary, extended to several provinces the courts of the orders referred to in the preceding paragraph in the cases provided for in Annexes VII, VIII, IX, X, XI and XII of this law.

3. For the purposes of the judicial demarcation, the cities of Ceuta and Melilla are integrated into the territorial division of the Sixth Section of the Provincial Audience of Cadiz, based in Ceuta and the Eighth Section of the Provincial Audience of Malaga, based in Melilla, respectively.

4. The judicial bodies that are based in Ceuta and Melilla have the jurisdiction limited to the respective judicial party.

5. In cases where Annex V to this law provides for the existence of Sections of a Provincial Hearing outside the capital of the province, the jurisdiction of those Sections shall be exercised in the judicial parties which, according to the said Annex, are attached to them.

6. The Court of Justice of the European Communities of Alicante, which is specialised, will also have jurisdiction to hear, in the first instance and in an exclusive manner, all those disputes which are promoted under the provisions of Regulations No 40/94 of the Council of the European Union of 20 December 1993 on the Community trade mark and 6/2002 of the Council of the European Union of 12 December 2001 on Community designs. In the exercise of this jurisdiction they shall extend their jurisdiction to the whole of the national territory, and only for these purposes shall be called Community Trade Mark Courts.

7. The Section or Sections of the Provincial Court of Alicante, which specialise in particular, shall also, in the second instance, be aware of all the resources referred to in Article 101 of Regulation No 40/94 of the Council of the European Union of 20 December 1993 on the Community trade mark and Regulation No 6/2002 of the Council of the European Union of 12 December 2001 on Community designs. In the exercise of this jurisdiction they shall extend their jurisdiction to the whole of the national territory and shall be referred to as Community Trade Mark Courts. '

Article 8, paragraph 2.

" 2. The Sections of the Provincial Hearings referred to in Article 3 (5) of this Law, as well as the Courts of the Criminal, the Courts of the Administrative-Administrative, the Courts of the Social, the Courts of Minors and the Courts of the Commercial with jurisdiction of territorial extension inferior or superior to that of a province are based in the capital of the party that is indicated by law of the corresponding autonomous community and take the name of the municipality in which that one is situated. "

Article 23, paragraphs 1 and 3.

" 1. The Technical Cabinet of Information and Documentation of the Supreme Court will be composed of the staff of Magistrates established by the Ministry of Justice in accordance with the provisions of article 163 of the Law of the Judicial Branch. One of them will serve as chief. "

" 3. They may be freely removed by the Chief Justice. At the end of the day, they must request the return to the active service within a maximum of 10 days from the following to the end of the service and join their destination within 20 days immediately following; if not, they will be declared on a voluntary basis with effect from the day on which they ceased in the position or position held. Re-entry shall have economic and administrative effects from the date of the application. '

Two. Articles 19a and 46a are added, which shall have the following text

" Article 19a.

1. The initial plant of the Courts of the Mercantile is established in Annex XII of this law.

For the concretion of this initial plant and the one that is the object of further development, carried out by royal decree in accordance with the provisions of Article 20 of this law, it will conform to the following criteria:

a) Creation of Courts of the Mercantile.

1.) May be created Courts of the Mercantile based in the capital of the province and jurisdiction in all of it, when the workloads so advise.

2. (º) Likewise, Courts of the Commercial may be established in populations other than the capital of the province when population, industrial or commercial criteria so advise, with jurisdiction in one or more judicial parties.

b) Transformation of the Courts of First Instance and of First Instance and Instruction in Courts of the Commercial.

In those provinces where, in consideration of the volume of cases, the expansion of the plant is not necessary, some Court of First Instance and First Instance and Instruction of the Commercial Court will be transformed.

c) Compatibility, in the same Court of commercial matters with the rest of those of the civil jurisdiction.

In those cases where the volume of cases so advises, the commercial matters with the rest of the civil courts will be reconciled in the same court.

2. The Courts of the Mercantile are served by Magistrates.

3. The provision of the Courts of the Mercantile is done by means of a contest, which will be resolved in favor of those who, by crediting the corresponding specialization in the own affairs of those Courts obtained by overcoming the selective tests that the General Council of the Judicial Branch regulates, have better place in their scale. Failing that, it will be met with the Magistrates who prove they have stayed for more years in the civil court order. In the absence of these, by the order of seniority established in the first paragraph of article 329 of the Organic Law of the Judiciary. "

" Article 46a.

The Government, within the framework of the respective budgets law, heard by the General Council of the Judiciary, and in its case the affected autonomous community, will proceed in a staggered manner, through Royal Decree, to the constitution, compatibility and transformation of the Courts of First Instance and of the Courts of First Instance and Instruction for the full effectiveness of the plant corresponding to the Courts of the Mercantile. "

Three. Annexes I, V, VI and VII are partially amended as follows:

" ANNEX I

MUNICIPAL TERMS RELATIONSHIP

GROUPED BY COURT PARTIES

PJ	CM	Municipality
		Autonomous Community of Andalusia
		Malaga Province
3	007	Alhaurin de la Torre.
3	003	Alfarnate.
3	004	Alfarnatejo.
3	011	Almogia.
3	012	Alora.
3	013	Alozaina.
3	018	Ardales.
3	036	Carratraca.
3	038	Cartama.
3	039	Casabermeja.
3	040	Casarabonela.
3	043	Colmenar.
3	067	Malaga.
3	080	Pizarra.
3	082	Victory Corner.
3	083	Riogordo.
3	092	Totalan.
3	100	Yunquera.
12	025	Benalmadena.
12	901	Torremolinos.
		Islands Autonomous
		Balearic Islands
3	004	Algaida.
3	010	Bunyola.
3	018	Deya.
3	020	Esporles.
3	025	Fornaltx.
3	031	Llucmajor.
3	036	Marratxi.
3	040	Palma de Mallorca.
3	045	pungent.
3	053	Santa Eugenia.
3	056	Santa Maria del Cami.
3	061	Soller.
3	063	Valldemossa.
7	005	Andratx.
7	007	Banyalbufar.
7	011	Calvia.
7	021	Estellencs.
		Autonomous
		The Palms
5	011	Ingenio.
5	026	Telde.
5	031	Valsequillo de Gran Canaria.
6	012	Mogan.
6	019	San Bartolome of Tirajana.
8	002	Aguimes.
8	022	Saint Lucia of Tirajana.
		Valencia Community
		Alicante
3	014	Alicante/Alacant.
3	050	The Campello.
3	119	San Juan de Alicante.
10	004	Aigues.
10	046	Busot.
10	083	Jijona/Xixona.
10	090	Mutxamel.
10	122	San Vicente del Raspeig/Sant Vicent del Raspeig.
10	132	Torreapples/La Torre de les Macanes.
		Community of Madrid
		Madrid
12	080	Majadahonda.
12	127	The Rozas of Madrid.
21	115	Alarcón Pozuelo.

ANNEX V

PROVINCIAL HEARINGS

Province	Magistrates	Jurisdiction
Valencia Community
Alicante	19	Judicial Parties 1, 2, 3, 5, 6, 7, 9, 10, 11 and 12.
Section Eighth (Community Mark Court)	3	Judicial Parties 1, 2, 3, 5, 6, 7, 9, 10, 11, and 12 and national scope for Community Brand.
Elche	4	Judicial Parties 4, 8, and 13.
Total	26

ANNEX VI

FIRST INSTANCE AND INSTRUCTION COURTS

Province

4

Judicial Party number	First Instanc.	Instruc.	First Instance and Instruction
Illes Balears	1			2 served by magistrates.
Illes Balears.
	2			5
	3	18	11
		5
	5			7 served by magistrates.
	6			2
	7			2
Total ............				52
Canary
Palms.	1			6
	2	13	7
	3			4
	4
	5			7 served by magistrates.
	6			8
	7			2
	8			4
Total ............				53
Madrid
Madrid.	1			1
	2			5 served by magistrates.
	3			3
	4			7 served by magistrates.
	5			7 served by magistrates.
	6	6	4
	7			3
	8			3
	9			7 served by magistrates.
	10			6 served by magistrates.
	11	76	50
	12			7 served by magistrates.
	13			5 served by magistrates.
	14			4 served by magistrates.
	15			6 served by magistrates.
	16			5 served by magistrates.
	17			5 served by magistrates.
	18			9 served by magistrates.
	19			4 served by magistrates.
	20			3
	21			4
Total ............				230

ANNEX VII

Criminal Courts

	Judicial Party Headquarters number	Jurisdiction	Number of
Catalonia
	Barcelona.	2	Extends your jurisdiction to court matches 2 and 8.	2
	3	Extends your jurisdiction to court matches 3 and 22.	2
	4	Extends its jurisdiction to the number 4 judicial party.	2
	5	Extends your jurisdiction to the number 5 judicial party.	1
	6	Extends its jurisdiction to the number 6 judicial party.	2
	11	Extends your jurisdiction to court matches 1, 7, 10, 11, 12, 16, 17, 18, 20, 23, and 25.	24
	13	Extends its jurisdiction to judicial parties 13 and 19.	3
	14	Extends your jurisdiction to court matches 9, 14, and 21.	2
	15	Extends your jurisdiction to court matches 15 and 24.	2

Four. A new Annex XII is added, with the following wording:

" ANNEX XII

Courts of the Mercantile

	Number Courts	Jurisdiction
Andalusia
Almeria.	1	Provincial scope.
Cadiz.	1	Provincial scope.
.	1	Provincial scope.
Granada.	1	Provincial scope.
Huelva.	1	Provincial scope.
Jaen.	1	Provincial scope.
Malaga.	1	Provincial scope.
Seville.	1	Provincial scope.
Aragon
Huesca.	1	Provincial scope.
Teruel.	1	Provincial scope.
Zaragoza.	1	Provincial scope.
Asturias
Asturias.	1	Provincial scope.
Illes Balears
Illes Balears.	1	Provincial scope.
Canary
The Palms.	1	Provincial scope.
Santa Cruz de Tenerife.	1	Provincial scope.
Cantabria
Cantabria.	1	Provincial scope.
Castilla y Leon
Avila.	1	Provincial scope.
.	1	Provincial scope.
Leon.	1	Provincial scope.
Palence.	1	Provincial scope.
Salamanca.	1	Provincial scope.
Segovia.	1	Provincial scope.
Soria.	1	Provincial scope.
Valladolid.	1	Provincial scope.
.	1	Provincial scope.
Castilla-La Mancha
Albacete.	1	Provincial scope.
Real City.	1	Provincial scope.
Basin.	1	Provincial scope.
Guadalajara.	1	Provincial scope.
Toledo.	1	Provincial scope.
Catalonia
Barcelona.	1	Provincial scope.
Girona.	1	Provincial scope.
Lleida.	1	Provincial scope.
Tarragona.	1	Provincial scope.
Valencia Community
Alicante/Alacant.	1	Provincial Scope (as The Community-Scope Community Mark).
Castellón/Castello.	1	Provincial scope.
Valencia.	1	Provincial scope.
Extremadura
Badajoz.	1	Provincial scope.
Caceres.	1	Provincial scope.
Galicia
A Coruña.	1	Provincial scope.
.	1	Provincial scope.
Ourense.	1	Provincial scope.
Pontevedra.	1	Provincial scope.
Madrid
Madrid.	1	Provincial scope.
Murcia
Murcia.	1	Provincial scope.
Navarra
Navarra.	1	Provincial scope.
Basque Country
Alava.	1	Provincial scope.
Guipuzcoa.	1	Provincial scope.
Vizcaya.	1	Provincial scope.
Rioja
Rioja.	1	Provincial scope.
City of Ceuta
.	1	Autonomous City Scope.
City of Melilla
.	1	Autonomous City Scope. "
Total ................	52

Five. Two new transitional provisions are added, ninth and tenth, with the following wording:

" Transient disposition ninth.

1. As long as the respective autonomous communities do not establish the seat of the Courts of the Criminal, this shall be understood to be situated where the Corresponding Criminal Courts have been constituted in accordance with the provisions of Annex VII of this Law.

2. As long as the respective autonomous communities do not establish the seat of the Courts of the Mercantile, the latter shall be understood to be situated in those capitals of the province or populations which, both because they are nuclei in which the condoning procedures are statistically more frequent, and for having attributed the exclusive knowledge of certain competences with exclusivity to the rest, is thus suitable for the proper performance of the judicial function with respect to the procedural deadlines. "

" Transient disposition tenth.

As long as the Courts of First Instance and Instruction, of the Criminal and of the Mercantile corresponding to the new territorial constituencies created by this law, do not enter into operation, the judicial organs that have the entry into force of the provision will maintain their competence, knowing of the outstanding issues before them until their definitive conclusion. "

Six. A single final provision is added with the following wording:

" Single Final Disposition. Faculty of development.

The government will dictate how many provisions are accurate in the execution and development of what is foreseen in this law. "

Additional disposition twelfth. Amendments to the Law on Civil Procedure.

The following amendments are made to the Civil Procedure Act:

One. Article 143 is amended as follows:

" Article 143. Intervention by interpreters.

1. When a person who does not know Spanish or, where appropriate, the official language of the Autonomous Community must be questioned or give any statement, or if he or she has to be personally informed of any decision, the court may, by means of providence, enable as an interpreter any person who is aware of the language in question, requiring the oath or promise of a faithful translation.

Of the actions that will be carried out in these cases, the minutes will be drawn up, in which the texts will be recorded in the original language and their translation into the official language, and will be signed by the interpreter as well.

2. In the same cases as in the previous paragraph, if the person is deaf, the appropriate sign language interpreter shall always be appointed in accordance with the provisions set out in that paragraph.

Of the actions to be carried out in relation to the deaf persons, the appropriate minutes shall be lifted. "

Two. A new paragraph 3 is added to Article 525, in the following terms:

" 3. The provisional application of the statements of an indemnity for the judgments declaring the infringement of the rights to honour, personal and family intimacy and the image itself shall not be carried out. "

Three. A new fifth additional provision is added, with the following content:

" Additional disposal fifth. Measures to speed up certain civil processes.

1. The Ministry of Justice, in agreement with the autonomous community corresponding with competence in the matter, prior to the favorable report of the General Council of the Judiciary, will be able to create Offices of Immediate Pointing in those judicial parties with separation between Courts of First Instance and Courts of Instruction.

These Offices shall have a common procedural service and shall develop functions of recording, sharing and pointing out views, appearances and performances in the procedures referred to in this additional provision.

2. In those judicial parties where the Office of the Immediate Pointing Offices are constituted, the demands and requests that deal with the following matters shall be presented to them:

(a) Claims of quantity referred to in Article 250 (2) of this Law.

(b) Evictions from urban land for non-payment of income or due amounts and, where applicable, claims of these income or amounts when the action of claim is accumulated to the action of eviction.

(c) Prior or simultaneous precautionary measures to the claim referred to in Rule 6 (6) of Article 770.

(d) Provisional measures of invalidity, separation or divorce, prior to or simultaneous to the application, provided for in Articles 771 and 773.1.

e) Demands for nullity, separation or divorce requested by mutual agreement, or by one of the spouses with the consent of the other.

3. These claims and applications filed with the Immediate Pointing Offices shall be processed in accordance with the rules of this law, with the following specialties:

First. Prior to their admission to processing, the Office of the Immediate Indication, in the same diligence:

(a) Register those claims or requests provided for in the preceding paragraph.

(b) They shall agree to their distribution to the appropriate court and shall directly indicate the hearing referred to in Article 440.1, the appearance provided for in Articles 771.2 and 773.3, the appearance of the application referred to in Article 777.3 for ratification, and the date and time of the launch, in the case referred to in Article 440.3.

(c) They shall order, in order to be carried out, the practice of the corresponding citations and trades, to be carried out through the common service of notifications or, where appropriate, by the procurator who so requests, and to be delivered completed directly to the relevant court.

(d) Immediately issue the application or application to the appropriate court.

Second. The citations for the appearances and views referred to in the previous rule shall contain the requirements and warnings provided for in each case in this law. They shall also indicate the extremes referred to in Article 440 (3).

The citation will also express that, if the defendant requests the recognition of the right of free legal assistance or interests the appointment of attorney and attorney general in the case of article 33.2, he must urge him before the court within three days of the receipt of the summons.

Third. Upon receipt of the application or application, the court shall agree on its admission to the proceedings, ordering in its case the remedy of procedural defects, which shall be resolved within a maximum period of three days. In the case where the claim is accepted, the statement shall be made. If it is not admitted to the process, the signal will be left without effect, the court communicating this circumstance to those who have already been mentioned.

When either party has requested the recognition of the right to legal aid or the appointment of a lawyer and an attorney, the Court of First Instance shall require the immediate appointment of the professionals in accordance with Article 33 (3). In this case, the appointment shall be made in favour of the professionals assigned to the date on which the hearing or hearing is to be held, in accordance with a special shift of assistance established for the purpose by the Bar and Procurator Colleges.

Fourth. The Office of Immediate Notice shall make the statements referred to in paragraph 3 (b), First, of this provision to the Court of First Instance which, in turn, corresponds to a scheduled system of statements, on the day and time available as soon as possible, in any case of the following time limits:

(a) The statements for the views referred to in Article 440.1 shall be made within the time limits specified in the same precept, counted from the fifth day after the filing of the application in the Office of Immediate Indications.

(b) The statements for the appearances provided for in Articles 771.2 and 773.3 shall be made between the fifth and the tenth day following the filing of the application or application at the Office of Immediate Notice.

(c) The statements of the hearings for ratification of the application referred to in Article 777.3 shall be made within three days of the filing of the corresponding claim.

(d) The date and time when the launch is to take place, as provided for in the last subparagraph of Article 440 (3), shall be made within a period of less than one month from the date on which the relevant view was given.

Fifth. Each Court of First Instance, in the judicial parties in which the Office of the Immediate Indication is constituted, must reserve the entire agenda on the dates that correspond to it acting in turn for continued assistance so that the Office of Immediate Indications directly carries out such statements.

The General Council of the Judicial Branch, after a favorable report from the Ministry of Justice, will dictate the regulations necessary to regulate the organization and operation of the programmed system of points of order, the establishment of the continuous attendance shifts between the Courts of First Instance and the fractionation of slots for the direct realization of the statements.

Sixth. The rules for the distribution of judicial parties in which the Office of the Immediate Indication is constituted shall attribute the knowledge of the procedures referred to in paragraph 2 of this provision to that Court of First Instance which has to act in turn for continued assistance on the date on which the statements of the views and appearances referred to in the fourth rule are made.

4. In the actions carried out in the field of this additional provision, the procurators of the parties may practice, if they so request and at the cost of the part they represent, the notifications, citations, sites and requirements, by any of the means admitted in general in this law.

These acts of communication shall be validly performed if there is sufficient evidence of having been practised in the person or at the address of the addressee.

For these purposes, the Attorney General shall, under his personal responsibility, credit the identity and condition of the recipient of the act of communication, taking care that the copy is consistent with his signature and the date on which it is made.

In communications by means of delivery of a copy of the resolution or in the address of the addressee, the provisions of Article 161 shall be as applicable, and the prosecutor must prove that the circumstances referred to in that provision have been fulfilled, for which two witnesses or any other suitable means may be assisted. "

Additional disposition thirteenth. Amendment of the Criminal Procedure Law.

Article 442 of the Criminal Procedure Act is amended, which happens to have the following wording:

" If the witness is deaf, an appropriate sign language interpreter will be appointed, through which the questions will be asked and your answers will be received.

The appointee shall be sworn in at the presence of the deaf before he begins to take office. "

Additional disposition fourteenth. Reform of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

The following amendments are introduced in Law 29/1998 of July 13, regulating the Jurisdiction-Administrative Jurisdiction:

One. Article 2 (e) is worded as follows:

"(e) The liability of the public authorities, whatever the nature of the activity or the type of relationship that it derives, not being able to be sued for this reason in the face of the civil or social jurisdictional orders, even if in the production of the damage they compete with individuals or have a liability insurance."

Two. Article 8 is amended as follows:

" Article 8.

1. The Courts of the Administrative-Administrative Court shall know, in a single or first instance as provided in this law, of the resources to be deducted from the acts of the local entities or of the entities and corporations that are dependent or linked thereto, excluding the impeachments of any kind of instrument of urban planning.

2. They shall also be known in a single or first instance of the resources to be deducted from the administrative acts of the Administration of the Autonomous Communities, except where they come from the respective Governing Council, where they have as their object:

(a) Personnel issues, except that they relate to the birth or extinction of the service relationship of public career civil servants.

(b) Administrative penalties which consist of fines not exceeding EUR 60 000 and in the case of activities or deprivation of exercise of rights which do not exceed six months.

(c) Claims for patrimonial liability the amount of which does not exceed EUR 30,050.

3. They shall be known in a single or first instance of the resources to be deducted from the provisions and acts of the State and the Autonomous Communities, against the acts of the bodies, entities, entities or corporations governed by public law, the jurisdiction of which does not extend to the whole of the national territory and against the resolutions of the higher organs when they confirm in full the dictates of those in the form of appeal, supervision or protection.

Except for acts of higher than 60,000 euros dictated by the peripheral administration of the State and the state public bodies whose competence does not extend to the entire national territory, or when they are given exercise of their powers over public domain, public works of the State, forced expropriation and special properties.

4. They will also be aware of all the resolutions that are passed on foreign affairs by the State's peripheral administration.

5. It is up to the courts to know the courts against acts of the Electoral Boards of the Zone and those made in the field of the proclamation of candidates and candidates made by any of the Electoral Boards, in the terms provided for in the electoral legislation.

6. They shall also know the Courts of the Administrative-Administrative of the authorizations for the entry into homes and other places whose access requires the consent of their holder, provided that this proceeds for the forced execution of acts of the Public Administration.

Likewise, it will be up to the Courts of the Administrative-Administrative Court to authorize or ratify judicial measures that the health authorities consider urgent and necessary for public health and involve deprivation or restriction of liberty or other fundamental right. "

Three. Article 9 is amended as follows:

" Article 9.

The Central Courts of the Administrative-Administrative Court shall know of the resources to be deducted from the administrative acts which are intended to:

(a) In the first or only instance in matters of personnel, in the case of acts dictated by Ministers and Secretaries of State, unless they confirm by way of appeal, audit or guardianship, acts dictated by lower bodies, or refer to the birth or extinction of the service relationship of career officials, or to the matters referred to in Article 11.1.a) on military personnel.

(b) In the sole or first instance against the acts of the central organs of the General Administration of the State in the cases provided for in Article 8 (2) (b).

(c) In the first or only instance of the judicial-administrative appeals against the general provisions and against the acts emanating from the public bodies with their own legal personality and entities belonging to the state public sector with competence throughout the national territory, without prejudice to the provisions of Article 10 (1) (i).

(d) In the first or only instance, of the remedies against the resolutions issued by the Ministers and Secretaries of State in matters of patrimonial responsibility when the claim does not exceed 30,050 euros.

(e) First of all, of the resolutions which agree to the inadmissibility of the requests for political asylum. "

Four. Article 21.1 is worded as follows:

" 1. Is considered to be a defendant:

(a) The public authorities or any of the bodies referred to in Article 1.3 against whose activity the appeal is directed.

(b) Persons or entities whose legitimate rights or interests may be affected by the estimate of the claims of the claimant.

(c) The insurers of the public administrations, who will always be a party co-defendant together with the administration to whom they will ensure. "

Five. Article 37 is amended as follows:

" Article 37.

1. The court may, at any time of proceedings, after hearing the parties for a common period of five days, agree on the accumulation of trade or at the request of one of them, in the event of a number of administrative and administrative appeals.

2. Where a court or tribunal is pending a plurality of resources with the same object, the court may not accumulate and deal with one or more of the parties on a preferential basis, after hearing the parties for a common period of five days, by suspending the course of the others until the judgment has been given in the former.

3. The judgment shall be notified to the parties concerned by the suspension, which may be interested in the extent of its effects under Article 111 or withdraw the appeal. Failure to do so will bear witness to the suspended resources. "

Six. Article 78.1 is worded as follows:

" 1. The Court of Justice of the Administrative Court of Justice of the European Community is aware of the short procedure of the cases of its jurisdiction arising out of questions of staff at the service of the public authorities, on foreign nationals and on the inadmissibility of requests for political asylum, as well as all those whose amount does not exceed EUR 13,000. '

Seven. Article 80.2 is worded as follows:

" 2. The appeal of the orders issued by the Courts of the Administrative-Administrative and the Central Courts of the Administrative-Administrative in the cases of Articles 110 and 111, shall be governed by the same regime of admission of the appeal corresponding to the sentence whose extension is intended. "

Eight. Article 110 is worded as follows:

" Article 110.

1. In the field of taxation and personnel at the service of the public administration, the effects of a firm judgment which would have recognised an individual legal situation in favour of one or more persons may be extended to others, in order to implement the judgment, where the following circumstances are met:

(a) That the interested parties are in the same legal situation as those favored by the judgment.

b) That the judge or court of judgment is also competent, for the reason of the territory, to know of its claims of recognition of such an individualized situation.

c) That they request the extension of the effects of the judgment within one year from the last notification of this to those who were a party to the process. If an appeal has been brought in the interest of the law or review, this period shall be counted from the last notification of the decision terminating the decision.

2. The application must be addressed directly to the court having jurisdiction which has given the judgment in which the effects are intended to be extended.

3. The request to the court shall be made in a reasoned written form to which the document or documents certifying the identity of situations or the non-concurrence of one of the circumstances of paragraph 5 of this Article shall be accompanied.

4. Before resolving, within 20 days, the Judge or the court of execution shall obtain from the Administration the records it deems appropriate and, in any event, a detailed report on the feasibility of the extension requested, highlighting the outcome of those proceedings to the parties for a three-day common period of submission, with the location, where appropriate, of the persons concerned directly affected by the effects of the extension. Once the procedure has been removed, it will be resolved without further action by way of order, in which a legal situation other than that defined in the final judgment in question cannot be recognised.

5. The incident shall in any event be dismissed when any of the following circumstances are present:

a) If there is a res judicata.

(b) When the determining doctrine of the judgment whose extension is postulated is contrary to the case-law of the Supreme Court or to the doctrine sitting by the High Courts of Justice in the appeal referred to in Article 99.

(c) If the person concerned has been given a decision which, having been on the administrative basis, is consensual and firm for not having promoted a judicial-administrative appeal.

6. If an appeal for review or an appeal is pending in the interest of the law, the decision of the incident shall be suspended until such time as the appeal is resolved.

7. The system of appeal of the order shall comply with the general rules laid down in Article 80. '

Nine. A new additional provision is added seventh, with the following text:

" Additional provision seventh.

The courts and tribunals of the administrative-administrative order will also be aware of the issues that are promoted between the State Correos and Telegrafos, S.A., and the employees of the latter who retain the status of officials and provide services in the same, in the same terms in which they know the issues that arise between the public agencies and their official staff, taking into account the specific nature of this relationship. "

Additional provision 15th. Amendment of the Organic Law 2/1986 of 13 March of Forces and Security Corps.

A paragraph 3 is added to Article 53 of the Organic Law 2/1986, of 13 March, of Forces and Security Corps, with the following wording:

" 3. In the municipalities of large population, bodies of officials may be set up for the exclusive exercise of the functions provided for in paragraph 1 (b). Such officials shall not be integrated into the Security Forces and Corps, and in the exercise of those functions shall be considered as agents of the authority, subordinate to the members of the respective Local Police Corps.

The officials of the Corps referred to in the preceding paragraph shall be governed by the rules contained in Law 30/1984 of 2 August of Measures for the Reform of the Civil Service and other rules that are developed and applied. "

Additional provision sixteenth. Amendment of Law 50/1981 of 30 December, regulating the Organic Statute of the Fiscal Ministry.

The current additional provision of Law 50/1981, of 30 December, for which the Organic Statute of the Fiscal Ministry is regulated, becomes an additional provision first, and a new additional provision is added to that law, with the following content:

" 1. The Fiscal Ministry shall have a fully integrated information system and electronic communications network, through which its acting unit shall be effectively secured in accordance with the provisions of Article 124 of the Constitution.

2. The information system and the integrated electronic communications network of the Fiscal Ministry will be defined and managed by the competent organs of the State Attorney General's Office. For these purposes, they will have the administrative and technological support of the Ministry of Justice.

The autonomous communities that have assumed competence in the provision of material means for the administration of justice will participate with the Ministry of Justice in the allocation of the computer equipment of the Fiscal Ministry, subject to the provisions of this Organic Statute and the agreements and resolutions adopted by the National Commission on Computer Science and Electronic Communications of the Fiscal Ministry.

3. The integrated communications network of the Fiscal Ministry will ensure:

(a) A system of identification and unique coding of the procedures and actions in which the Prosecutor's Office intervenes.

b) The immediate, up-to-date and rigorous collection of statistical information. For these purposes, there will be a centralised database of the procedures known to the Prosecutor's Office.

c) The telematic access of all fiscalis to the records, databases, information systems and computer applications of national scope managed by the Ministry of Justice.

d) The permanent telematic connection of the Attorney General of the State and the other central organs of the Fiscal Ministry with all the prosecutors and the members of the Fiscal Career, as well as among them. For this purpose, a single electronic identification and communications system shall be implemented.

4. The National Commission of Informatics and Electronic Communications of the Fiscal Ministry, presided over by the Attorney General of the State, will dictate instructions and criteria of mandatory compliance in all the Fiscalas on the implementation, use, management and exploitation of all computer systems and electronic communications. The structure, composition and functions of this National Commission, as well as the organization, operation and technical characteristics of the integrated electronic communications network of the Prosecutor's Office, will be established, by means of a royal decree. "

Additional 17th disposition. Communications of the judicial bodies to the governmental authority in relation to foreigners.

The judicial bodies shall communicate to the governmental authority the finalisation of the judicial proceedings in which the commission of administrative offences against the rules on aliens is present, for the purpose of the administrative authorities being able to resume, start or file, where appropriate, if appropriate, the administrative procedure of penalties. Likewise, they shall communicate those convictions imposed on foreigners for criminal offences punishable by a custodial sentence of more than one year, for the purposes of initiating the relevant sanctioning file.

Likewise, they will communicate the sentences in which they agree to replace the custodial sentences imposed or the security measures that are applicable to foreigners who are not legally resident in Spain for the expulsion of the same ones from the national territory. In such cases, the judgment in which the substitution is agreed shall provide for the execution of the custodial sentence or measure of security originally imposed until the governmental authority proceeds to materialize the expulsion. For this purpose, the government authority must make the expulsion effective as soon as possible and, in any event, within 30 days, unless it is justified to prevent it, which must be communicated to the judicial authority.

First transient disposition. Scale of Laboratory Agents of the National Institute of Toxicology.

The Laboratory Agents Scale of the National Institute of Toxicology, declared to be extinguished prior to the date of entry into force of this law, will remain in that situation of "to extinguish" their entry into force and will exercise instrumental and support functions, as established in the relations of jobs, perceiving the remuneration corresponding to the Body of Procedural Aid.

Second transient disposition. Regularisation of administrative situations.

Members of the judicial career, the Judicial Secretariat and the officials of the Administration of Justice who are affected by the system of administrative situations provided for in this law, shall request their regularisation within three months of the date of entry into force. If they do not do so within the prescribed period, their regularisation shall be made on their own initiative.

Transitional provision third. Transitional arrangements for promotions.

The General Rules of Entry, Provision of Jobs and Professional Promotion of Administration of Justice officials will establish a transitional procedure that will allow the promotion of the current officials of the Corps in the service of the Administration of Justice to the Higher Bodies.

This internal promotion will be carried out by the system of concurrence-opposition, with valuation in the competition phase of the merits related to the positions performed, the level of formation and the antiquity.

Transitional disposition fourth. Establishment of relations of jobs.

The Ministry of Justice and the autonomous communities with assumed powers will proceed, in their respective fields, to the organization of the judicial offices and administrative units in the form established in this law, as well as to the elaboration and approval of the relations of jobs according to the norms and procedures contained therein.

Approved the relations of posts of work by the Ministry of Justice and the Autonomous Communities, will proceed to the engagement of the officials with final destination in the respective territorial scope, by:

The confirmation of the officials in the jobs that they were carrying out.

The reordering or redistribution of personnel in cases of depreciation, erasure or recalification of positions, in accordance with the established procedures.

The call for specific competitions for those jobs to be covered by this system, in which, for one time, officials who are assigned to the territorial scope of the convening body may participate exclusively.

The call for free designation procedures for those posts to be covered by this system.

These processes will be developed within a maximum of 15 months from the date of entry into force of this law.

Transient disposition fifth. Transitional remuneration scheme.

1. Until such time as the amount of the new remuneration provided for in Title II of this Law is fixed, the officials of the Body of Judicial Secretaries and the other officials serving the Administration of Justice shall continue to receive the remuneration provided for in Royal Decree 1130/2003 of 5 September 2003, which regulates the remuneration of the Body of Judicial Secretaries; in Law 17/1980 of 24 April, on the remuneration of officials at the service of the Administration of Justice; in Royal Decree 1909/2000 of 24 November 2000, for which regulates the complement of the officials to the service of the Administration of Justice; Order PRE/1417/2003, of June 3, which regulates the supplementary remuneration for the service of the staff at the service of the Administration of Justice and the other remuneration rules in force at the time of the entry into force of this law.

2. Without prejudice to the foregoing, the Government is authorized to provide, by means of Royal Decree, once this organic law has been published, to temporarily fix for the year 2004 the amounts and date of the effects of the basic and complementary remuneration that come, in relation to the officials referred to in the fourth provision of this law.

3. Until such time as the coupling and appointment processes referred to in the fourth transitional provision are concerned, officials shall be deemed to continue to serve in their current destinations.

Transitional disposition sixth. Selective processes in progress and competitions for transfers.

As long as the coupling process is carried out, no selective processes will be called for the entry into the bodies that are created, guaranteeing, in any case, the approval of the offer of public employment in the year 2004.

Those processes for the access to the Body of Officers, Auxiliary and Agents to the Service of the Administration of Justice that are in progress will be governed by the regulations in force at the time of the publication of the respective call.

Applicants who acquire the status of an official in the selective processes referred to in the preceding paragraph shall become integrated into the body or scale corresponding to those established in this law, in accordance with the qualifications required to participate in them.

During the same period, no service commissions shall be granted in general outside the territorial scope of the competent body for granting or granting provisional rerevenue.

The transfer competitions for the coverage of generic posts that can be convened in 2004, both for the judicial secretaries and for the other officials serving the Administration of Justice, prior to the entry into force of the Organic Regulations of the Judicial Secretaries or the General Regulation of Income, Provision of Jobs and Professional Promotion of the officials of the Administration of Justice, respectively, will be governed by the previous regulations that, to this effect, will maintain its validity.

To the officials who had obtained final destination in the aforementioned contests, the minimum period laid down in Articles 450 and 529 of the Organic Law of the Judicial Branch will apply to them again.

Transitional disposition seventh. Irretroactivity of sanctioning provisions.

1. For the classification of acts or conduct that give rise to disciplinary responsibility as well as the applicable sanctions, the provisions of this organic law shall be made from its entry into force, applying the principle of the irretroactivity of the sanctioning provisions, except that the provisions of this law are more favorable to the official submitted to disciplinary proceedings, in the judgment of the same.

2. The files initiated prior to the approval of the Regulation of Disciplinary Regime that is dictated in the development of this organic law, will be governed, as to the competent organs for their processing, procedures and resources, by the regulations in force at the moment of their initiation.

Transient disposition octave. Transitional regime for the Letrates of the General Council of the Judiciary.

Lawyers of the General Council of the Judiciary who have been in charge for more than 10 years from the date of entry into force of this law and have been appointed on a temporary basis, will continue at their destination until the corresponding period of their current appointment expires, without being further extended.

transient disposition ninth. Transitional arrangements for the Presidents of the Chamber of the National Court and the High Courts of Justice.

The entry into force of this law will end the mandate of all the Presidents of the Chamber referred to in Article 333 who will hold their office for more than five years. Those who have been appointed prior to the entry into force of this law who have not held their post for more than five years shall end their term of office at the time of the date of their appointment.

Transient disposition tenth. Transitional arrangements for pending proceedings in the Chambers of the Administrative-Administrative Court of the High Courts of Justice.

The matters of those who are aware of the Supreme Courts of Justice that may be affected by the modification of the Regulatory Law of the Jurisdiction-Administrative Jurisdiction made by the additional provision of this organic law, will continue to be dealt with by the same to their finalization.

To matters that are recorded from the entry into force of this organic law, the distribution of powers established by the modification of the Regulatory Law of the Jurisdiction-Administrative Jurisdiction referred to in the preceding paragraph shall apply to them.

Transient disposition eleventh. Transitional arrangements for the current Secretaries of Government.

The current Secretaries of Government of the Supreme Court, National Court and Supreme Courts of Justice will continue to hold their posts until the Ministry of Justice has appointed the Secretaries of Government referred to in Article 464 of this Organic Law.

Produced the appointment, they will cease in their current positions, being assigned respectively to the Supreme Court, National Court or Superior Court of Justice in which they provided their services, and they will be destined with definitive character to occupy the first vacancy that occurs in the Court or Hearing to which they are attached, except that they would have previously obtained another square to their instance by the participation in a contest of transfers, in which they will enjoy of preference for one time to occupy the vacancies that are produced in the locality.

In any case they will maintain their personal category.

Transient Disposition twelfth. Transitional arrangements applicable to disciplinary proceedings opened to judges or magistrates at the time of entry into force of this law.

The disciplinary files which, at the entry into force of this law, are in the process will continue to be regulated by the above provisions, except that those contained in this law are more favorable.

transient disposition thirteenth. Transitional arrangements for interim officials.

To ensure that the needs of the service of justice are sufficiently covered, by the competent administrations, within eighteen months of the entry into force of this organic law, the corresponding legislation on interim officials will be issued in accordance with the provisions of the Organic Law of the Judiciary.

During the aforementioned transitional period the Ministry of Justice and the autonomous communities with assumed powers, in their respective fields, will also proceed to regularise the situation of the interim officials who are effectively performing a job in virtue of appointment issued to the effect, as well as that of those persons who are in expectation of appointment.

Transitional disposition fourteenth. Right of choice of officials assigned to technical bodies of the General Council of the Judiciary.

Officials of public administrations belonging to or integrated into bodies or scales classified in groups B, C, D and E, as referred to in Article 25 of Law 30/1984, of 2 August, of Measures of Reform for the Civil Service, and in the Bodies of Process and Administrative Management, of Procedural and Administrative Processing and of Administrative and of Auxiliary Judicial, and their corresponding scales, which at the date of entry into force of this law are carrying out positions in the technical bodies of the General Council of the Judiciary that are not of a higher level, and that In the case of special services for the performance of such posts, they may choose to remain in that situation or be declared in active service in accordance with the provisions of Article 146.3 of the Organic Law of the Judiciary.

This option shall be filed in writing before the General Council of the Judiciary within the maximum period of 30 days, from the date of entry into force of this law, and the officials who have exercised it shall be declared in active service with effect from that date. Officials who, within the prescribed period, do not exercise the right of choice shall continue in the situation of special services, in accordance with the provisions of this law.

15th transient disposition. Transitional arrangements for the establishment of judicial offices.

The determination by each competent authority of the design and organization of the judicial offices located in their respective territories, in accordance with the basic structure and in the terms laid down in this law, shall be carried out in a gradual manner and in accordance with the organizational, technical and budgetary possibilities of such administrations, and should in any case be carried out in sufficient time to enable the approval of the relations of the posts and the processes of coupling and appointment of the personnel to which the the fourth transitional provision of this law shall be carried out within the time limits laid down therein.

Until the aforementioned coupling and appointment processes occur, it will be understood that officials continue to provide services in their current destinations.

Transient disposition sixteenth. Regime applicable to Judges and Magistrates on enforced leave.

The judges and magistrates who, at the entry into force of this law, find themselves in a situation of forced surplus by virtue of the previous wording of paragraphs 4, 5 and 6 of Article 357 of the Organic Law of the Judiciary, may choose to continue in such a situation until they exhaust the period referred to by that precept, applying at that time the regime provided for in the current paragraph 3 of article 358 of the aforementioned organic law, or to re-enter the race without exhausting the term, with the same application of the aforementioned paragraph 3 of article 358 of the Organic Law of Power Judicial.

transient disposition seventeenth. Transitional regime of the Magistrates of the Technical Information and Documentation Cabinet of the Supreme Court.

The magistrates who, at the entry into force of this organic law, are in active service in the Technical Information and Documentation Cabinet of the Supreme Court, will then move on to the situation of special services in the Judicial Race. In order to make effective the rights inherent in this new situation, they must obtain, by means of a watered-down contest, a place of ownership within three years.

If, during the course of this period, they cease or if they have not been obtained, they will be assigned to the Superior Court of Justice of Madrid, in terms of application of those established in Article 118 (2) and (3) of the Organic Law of the Judiciary.

18th transient disposition. Transitional arrangements applicable to the Letters of the General Council of the Judiciary.

1. In any case, all the Letters of the General Council of the Judicial Branch, which at the date of entry into force of this law do not find themselves in the situation of special services in their career or body of origin, will pass on to this situation at that time. This new situation will have the consideration of the first appointment for the purposes of Article 146.2 of the Organic Law of the Judiciary, and from that moment on, the system of extensions provided for in that article will apply.

2. If the provisions of the above paragraph affect officials belonging to the Corps at the service of the Administration of Justice, the reserve of work inherent in the situation of special services shall operate in respect of a position corresponding to its category in the province in which they have provided services before moving on to the situation of assets in the General Council of the Judicial Branch or, at their choice, in the field of the Superior Court of Justice of Madrid. If the provisions of the previous paragraph affect officials belonging to any public administration or constitutional body, they shall be made available to them when the situation of special services is extinguished, which will assign them a job of similar conditions to the one they occupied when they went on to serve in the General Council of the Judiciary.

Single repeal provision. Regulatory repeal.

Repealed:

(a) Articles 28, 220 and 310 of the Organic Law 6/1985, of July 1, of the Judiciary, which are without content.

b) Title IV of book III "Of Public Faith and Documentation", of the Organic Law 6/1985, of July 1, of the Judiciary, whose articles 279 to 291 remain without content.

(c) The second paragraph of Article 958 of the Civil Procedure Act of 3 February 1881.

Final disposition first. Regulatory development.

The Government, within six months of the entry into force of this law, will be required to approve the Rules of Procedure, Provision of Jobs and Professional Promotion of Personnel to the Service of the Administration of Justice, the Rules of Disciplinary Procedure of Personnel to the Service of the Administration of Justice and the Organic Rules of the Body of Judicial Secretaries.

Final disposition second. Adequacy of procedural rules.

Within one year, the Government will forward to the General Courts the draft laws to bring the procedural laws into line with the provisions amended by this law.

Final disposition third. Normative range.

In this organic law the additional provisions of the tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth, as well as the transitional provision tenth, are of ordinary law.

Therefore,

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

Madrid, 23 December 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ