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Royal Decree 572/2003 Of 16 May, Whereby The Organic Template Of The Public Prosecutor's Office Is Set.

Original Language Title: Real Decreto 572/2003, de 16 de mayo, por el que se fija la plantilla orgánica del Ministerio Fiscal.

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TEXT

The Royal Decree 995/2002, dated September 27, set the organic template of the Fiscal Ministry.

Later, Law 52/2002 of December 30, of General State Budgets for the year 2003, increased the economic endowment that allows to increase the number of places in the tax race, so it is necessary to distribution between the various organs of the Fiscal Ministry, as provided for in Article 18.2 and the final provision of Law 50/1981, of 30 December, for which the Organic Statute of the Fiscal Ministry is regulated.

This royal decree has been informed by the Attorney General of the State, heard by the Fiscal Council.

In its virtue, on the proposal of the Minister of Justice and after deliberation of the Council of Ministers at its meeting of May 16, 2003,

D I S P O N G O:

Article 1. Creation of permanent subscriptions.

The Permanent Adscriptions of the Fiscal Ministry are created, with the territorial scope that in each case is indicated, in the following locations:

(a) Autonomous Community of Andalusia: at the Office of the Prosecutor of the Provincial Court of Seville is the Permanent Admission of Two Sisters, with the scope of the judicial parties of Dos Hermanas, Alcalá de Guadaira, Utrera and Lebrija.

b) Autonomous Community of the Balearic Islands: the Permanent Admembership of Manacor, with the scope of its judicial party, is created.

c) Autonomous Community of Catalonia:

1. A subsidiary of the Office of the Attorney General of the Superior Court of Justice, the following subscriptions are created, with the scope of your judicial party:

Permanent admission of Santa Coloma de Gramanet.

Permanent admission of Igualada.

Permanent admission of El Prat de Llobregat.

Permanent Admembership of Gava.

Mataró's permanent membership.

2. In the Office of the Prosecutor of the Provincial Court of Girona is the Permanent Adquità de Blanes, with the scope of its judicial party.

3. In the Prosecutor's Office of the Provincial Court of Tarragona, the Permanent Admembership of El Vendrell is constituted, with the scope of its judicial party.

Article 2. Modification of the subscriptions.

The adscriptions that are indicated are modified, which will have the territorial scope that is indicated:

Autonomous Community of Catalonia:

1. L' Hospitalet de Llobregat: judicial parties of L' Hospitalet de Llobregat, Sant Boi de Llobregat and Cornella.

2. Granollers: judicial parties of Granollers and Mollet del Valles.

3. Manresa: judicial parties in Manresa, Berga and Vic.

4. Sant Feliu de Llobregat: judicial parties of Sant Feliu de Llobregat, Martorell and Esplugues de Llobregat.

5. Vilanova i la Geltru: judicial parties in Vilanova i la Geltru and Vilafranca del Penedès.

6. Arenys de Mar: judicial party of Arenys de Mar.

Article 3. Creation of new places.

Fiscal 20 places are created in the tax race, corresponding to the second category, distributed among the following Fiscalis:

a) Autonomous Community of Andalusia:

Almería Public Prosecutor's Office: a plaza, for the Permanent Admission of El Ejido.

Granada Prosecutor's Office: a square.

Malaga Prosecutor's Office: two places.

Seville Prosecutor's Office: two places, for the Permanent Admission of Two Sisters.

b) Autonomous Community of the Balearic Islands:

Public Prosecutor's Office of Palma de Mallorca: a square, for the Permanent Admission of Manacor.

c) Autonomous Community of the Canary Islands:

The Public Prosecutor's Office of Las Palmas: a square.

Public Prosecutor's Office of Santa Cruz de Tenerife: a square for the Permanent Admission of Arona.

d) Autonomous Community of Catalonia:

Barcelona Public Prosecutor's Office: two places, for the Mataró and L' Hospitalet of Llobregat, respectively.

Procuratoria de Tarragona: a plaza, for the Permanent Admembership of Reus.

e) Madrid Community:

Prosecutor's Office in Madrid: four places.

f) Autonomous Community of the Region of Murcia:

Procuratoria de Murcia: a plaza, for the Permanent Admission of Cieza.

g) Valencian Community:

Office of the Prosecutor of Alicante: two places, for the Adscriptions of Denia and Torrevieja, respectively.

Valencia Prosecutor's Office: a square.

Article 4. Territorial reassignment of places. Deletion and creation.

1. The following tax career places are deleted:

a) Corresponding to the second category:

Autonomous Community of Catalonia:

Three places in the Prosecutor's Office of the Superior Court of Justice of Catalonia.

A square in the Permanent Admembership of Vilanova i la Geltru.

A square in the Public Prosecutor's Office in Girona.

A square in the prosecutor's office in Tarragona.

b) Corresponding to the third category:

1. Autonomous Community of Andalusia: eight places in the Prosecutor's Office of Seville.

2. The Autonomous Community of the Balearic Islands: two places in the Prosecutor's Office of the Superior Court of Justice of the Balearic Islands.

3. The Autonomous Community of the Canary Islands: a square in the Prosecutor's Office of Santa Cruz de Tenerife.

4. Autonomous Community of Catalonia:

Eleven places in the Prosecutor's Office of the Superior Court of Justice of Catalonia.

A place in the Permanent Admembership of Granollers.

A square in the Permanent Admembership of Vilanova i la Geltru.

Three places in the Permanent Adenada of Arenys de Mar.

Three places in the Public Prosecutor's Office in Girona.

Three places in the District Attorney's Office in Tarragona.

2. As a result of the removal of places referred to in the previous paragraph and respecting the territorial scope of the High Courts of Justice in which those are reassigned, as well as of the provinces, the following places of the Tax career:

a) Corresponding to the second category:

Autonomous Community of Catalonia:

Two places in the Permanent Admembership of Gava.

A square in the Permanent Adendium of El Prat de Llobregat.

A square in the Permanent Adenque of Santa Coloma de Gramanet.

A place in the Permanent Admembership of Blanes.

A place in the Permanent Admission of El Vendrell.

b) Corresponding to the third category:

1. The Autonomous Community of Andalusia: eight places in the Permanent Admission of Two Sisters.

2. The Autonomous Community of the Balearic Islands: two places in the Permanent Admission of Manacor.

3. The Autonomous Community of the Canary Islands: a square in the Permanent Admission of Arona.

4. Autonomous Community of Catalonia:

Four places in the Permanent Admission of Gava.

Three places in the Mataró Permanent Adscription.

A square in the Permanent Admembership of Manresa.

Three places in the Permanent Admission of El Prat de Llobregat.

Two places in the Permanent Admission of Igualada.

Two places in the Permanent Admission of Santa Coloma de Gramanet.

A square in the Permanent Adenque of Sant Feliu de Llobregat.

Three places in the Permanent Admission of Blanes.

Three places in the Permanent Admission of El Vendrell.

Article 5. Tax career template.

1. The total number of employees in the tax race is made up of the following destinations:

(a) First category: 14 Prosecutors of the Chamber, of which the Deputy Prosecutor of the Supreme Court has the consideration of the President of the Chamber of the Supreme Court.

b) Second category: 1,132 Prosecutors.

c) Third category: 571 Tax Lawyers.

2. The staff of the Fiscal Ministry, in which all the posts that make up the Ministry are detailed, their characteristics, their form of appointment, and the number of coordinators assigned to each Prosecutor's Office or, where appropriate, their Territorial Adscriptions is the one that is included in the annex of this royal decree.

First transient disposition. Extinction and creation of square.

The extinction of the seats contained in Article 4 (1) will occur when they are in the country for any of the legally established grounds.

The creation of the places provided for in Article 4 (2) shall not be effective until the removal of the places referred to in Article 4 (1) is produced.

Second transient disposition. Rules for reordering.

The territorial reassignment of the squares will be carried out according to the following rules:

1. The entry into force of this royal decree or, where appropriate, of the order of entry into operation, the extinction of the places to be removed which are vacant on that date, and which will be reassigned from the automatic form, in accordance with the provisions of Article 4 (2), by integrating into the templates of the Fiscalis or Permanent Adscriptions.

2. If there are no vacancies or insufficient, the reallocation may affect places that are covered in property. The reallocation of these places, as well as their holders, will be voluntary.

For these purposes, the members of the Fiscal Ministry who occupy places in the Fiscalas or Permanent Adscriptions affected by the suppression and of the same category, who wish to change their destination, must make express expression in That sense, within 15 calendar days, before the Attorney General of the State.

The assigned slot will be automatically incorporated into the corresponding Permanent Membership template, and the destination obtained by the members of the Fiscal Ministry will be final.

The reallocation will not imply in these supposed decreases in the remuneration for the complement of destination, received by the members of the Fiscal Ministry in accordance with their previous situation.

When the target complement corresponding to the allocated place is lower than that of the previously performed place, the persons concerned shall, in the personal capacity and as long as they do not obtain a new destination, receive the corresponding to the difference between the two.

3. If, in accordance with the above, places of extinction are left, as long as there are vacancies of the same category in the Fiscalas or the Adscriptions of Fiscalas affected by the suppression, they will be reallocated from automatic form, in the form of the templates for the tax authorities referred to in Article 4 (2), until the number of places to be reallocated is completed.

Transitional provision third. Coverage of certain newly created places.

The newly created places listed in Article 3 will be covered by a contest between the members of the tax race who meet the category and the conditions necessary to occupy them, except in the case of those lawyers. I would like to point out that the Commission has not yet been able to make a statement on this matter, but I do not think it will be possible to do so.

Transitional disposition fourth. Entry into operation.

The entry into operation of the Permanent Admission of Two Sisters and that of the Permanent Admission of Manacor is delayed until the date of its entry into force is indicated by order.

Single repeal provision. Regulatory repeal.

The Royal Decree 995/2002 of 27 September on organic staff of the Fiscal Ministry is hereby repealed, with the exception of Article 1, as well as all provisions of equal or lower rank that are contrary to the provisions of this Royal Decree. decree.

Final disposition first. Regulatory development.

The Minister of Justice is empowered to lay down the rules and adopt the necessary measures to comply with the provisions of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, 16 May 2003.

JOHN CARLOS R.

The Minister of Justice,

JOSE MARIA MICHAVILA NUNEZ