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Royal Decree 1281 / 2002, Of 5 December, Which Approves The Statute General Of The Attorneys Of The Courts Of Spain.

Original Language Title: Real Decreto 1281/2002, de 5 de diciembre, por el que se aprueba el Estatuto General de los Procuradores de los Tribunales de España.

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TEXT

The State Pact for the Reform of Justice establishes the basis for an ambitious modernization process that affects all the agents of the judicial field. Procurators as representatives of the parties in the process must actively ensure a representation of the quality, fast and effective rights of the citizens in dispute. Therefore, point 20 of the State Pact provides for the approval of a new General Staff Regulations to provide a new regulatory framework for the exercise of the profession.

The General Council of the Courts ' Attorneys, in use of the powers of self-regulation that it has attributed, has elevated the government to a proposal for a new General Statute for the Attorneys that the Government wants approve by Royal Decree, a proposal that is motivated by a whole set of new circumstances.

Law 1/2000, of 7 January, of Civil Procedure, in its explanatory statement underlines the important role of the procurators in the new design of the acts of communication, allowing through optimal management by Some of the procurators will be reduced to delays in processing. In this sense, the Law of Civil Procedure provides that the procurators, in their capacity as representatives of the parties and as professionals with technical knowledge about the process, receive notifications and transfer to the contrary part written and documents. The Law attributes to the procurators new functions in the process, among which the service of reception of communications, organized by the professional associations and that is located in all the judicial buildings of the civil order, stands out. The new responsibilities set out in the Civil Procedure Act, as well as the State Pact's provision for the reform of the Justice system in relation to the promotion of the use of new technologies in the Schools of Attorneys notification, they have their true reflection in this statutory rule.

The new General Staff Regulations of the Courts of Spain effectively respond to the need to update the regulations of this professional collective that were regulated by the General Staff Regulations. Prosecutors of the Courts of Spain, approved by Royal Decree 2046/1982, of July 30. The modernization of the Procura, according to the new assigned powers, will allow a representation of the citizen of higher quality to the Justice, streamlining the procedure thanks to the use of the new technologies by the procurators.

The new Statute provides for access to the profession in response to the need to ensure the specific preparation in the exercise of the profession of the Prosecutor and to the desirability of establishing formulas that are to be approved by the (a) the other Member States of the European Union or of the Agreement on the European Economic Area of 2 May 1992, all in anticipation of the content of the future Law on Access to the Exercise of the Professions of Advocate and Procurator, in accordance with with the criteria set out in point 20 of the State Pact for Justice Reform.

The new regulation contemplates the association of procurators as a channel for professional practice. This can enrich the professional practice of those procurators already in exercise and those others with less professional experience, which will also allow to face the challenges of a changing society in which the use of new technologies This is undoubtedly a new professional challenge.

Territorial demarcations are created for the professional exercise, always coinciding with one or more judicial parties, so that due to their geographical proximity the requirement for procedural inmediation is even more guaranteed. In this way, the client's interests are more effectively represented and guarantees.

Significant progress is achieved in the relations between the Attorney General and the client, with the possibility of schools organizing services to ensure the professional civil liability of the Attorney General. This ensures that the rights of the citizen are to a greater extent faced with a hypothetical negligent professional performance.

Moreover, the Statute is in line with the new autonomic reality, with the existence of the Councils of Autonomous Community Colleges established in accordance with the autonomous regulations.

Finally, the introduction of the vote by mail in the corporate elections, among the new features incorporated in the Statute, is aimed at facilitating and expanding participation in the elections, thus strengthening the democracy in the collective structure and functioning, in compliance with the constitutional mandate.

The previous General Staff Regulations of the Courts of Spain were approved by Royal Decree 2046/1982 of July 30. The legislative reforms undertaken since then and the modernization needs of the Administration of Justice make it necessary to update the regulation of the exercise of the profession of attorney.

Law 2/1974, of 13 February, of Professional Colleges (as amended by Law 74/1978 of 26 December of the Rules of Procedure of the Professional Colleges, by Law 7/1997 of April 14, of Liberalizing Measures in In the case of Soelo and of Professional Colleges, and by Royal Decree-Law 6/2000 of 23 June, of the Intensification of Competition in the Markets of Goods and Services), it provides that the Professional Colleges are governed by their Statute and by the Regulations of internal regime in development of those.

For these purposes, it provides that the General Councils shall draw up for all the Colleges of the same profession the General Statutes, which shall be subject to the approval of the Government through the competent Ministry.

Thus, the General Council of the Courts of Attorneys of the Courts of Spain, in accordance with Article 6.2 of the Law of Professional Colleges, has drawn up a draft of the General Staff Regulations that the Ministry of Justice submits to government approval.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 5 December 2002,

D I S P O N G O:

Single item. Approval of the General Staff Regulations of the Courts of Spain.

The General Staff Regulations of the Courts of Spain are hereby approved, the text of which is inserted below.

Single repeal provision. Regulatory repeal.

The Royal Decree 2046/1982 of July 30, which approves the General Staff Regulations of the Attorneys of the Courts of Spain, is hereby repealed, as well as the rules of the same or lower rank that are contrary to the provisions of this Law. Royal Decree.

Final disposition first. Regional legislation.

The provisions of the General Staff Regulations shall be without prejudice to the provisions of the Constitution, the State Law and the Statute of Autonomy, in accordance with the Constitution.

Final disposition second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

JOHN CARLOS R.

The Minister of Justice,

JOSE MARIA MICHAVILA NUNEZ

GENERAL STATUTE OF THE PROSECUTORS OF THE COURTS OF SPAIN

TITLE I

General provisions

Article 1. Function of the Procedure.

1. La Procura, as a territorial exercise of the profession of the Attorney General of the Courts, is a free, independent and collegiate profession that has as its main mission the technical representation of those who are part of any kind of procedure.

2. It is also the mission of the Procura to perform as many functions and powers as the procedural laws in order to the best administration of justice, to the correct substantiation of the processes and to the effective execution of the sentences and the other resolutions that dictate the courts and tribunals. These powers may be taken directly or by delegation of the court, in accordance with applicable law.

Article 2. General rules of professional practice.

1. In the professional exercise, the procurators, as cooperators of the Administration of Justice, are strictly subject to the Law, to its statutory norms of any rank, to the uses that integrate the deontology of the profession and to the judicial and corporate disciplinary regimes.

2. The procurators, in accordance with the Law, must keep secret of the facts or news that they know by reason of their professional performance.

Article 3. Definition of Procurator.

It is the Attorneys of the Courts who, validly incorporated into a College:

1. They are in charge of the representation of their powers before the Courts and Courts of any jurisdictional order.

2. They are in charge of the faithful fulfillment of those functions or of the provision of those services which, as cooperators of the Administration of Justice, entrust them with the laws.

3. The attorney general may hold the client's defense when it is not reserved for other professions.

Article 4. Freedom, independence and responsibility.

The procurators will develop their activity with freedom and independence, but with strict adherence to the deontological norms that discipline the exercise of the profession and the law, in this Statute General, Statutes of Councils of Autonomous Community Colleges, individuals of each College and of the other applicable rules.

Article 5. Precept of professional intervention.

1. The professional intervention of the prosecutor in all manner of proceedings and in any court order shall be mandatory where the law so provides.

2. The concrete representation with which the prosecutor intervenes, will be credited with express and sufficient empowerment, granted in accordance with the legal provisions.

3. The relations between the prosecutor and his power will be governed by the provisions contained in the laws, by the provisions of this General Statute, by the Statute of Councils of the Autonomous Community, the individuals of each College, the rules relating to the contract of mandate and other applicable legal provisions.

Article 6. Freedom of acceptance and renunciation.

1. Prosecutors shall be free to accept or reject procedural representation in a particular case.

2. They may also waive the accepted representation at any stage of the procedure, but always in accordance with the provisions of the laws.

Article 7. Collegiate corporations.

1. The professional organization of the Attorneys of the Courts of Spain consists of:

(a) The General Council of Attorneys of the Courts.

b) The Councils of Colleges of Attorneys of the Autonomous Community.

c) The Colleges of Attorneys.

2. These collective corporations shall have the powers conferred upon them by the laws, this General Statute and their own Statutes.

3. In its internal structure and operation, all corporations shall conform to the democratic principles and the annual budgetary control regime.

TITLE II

From the Attorneys

CHAPTER I

From the requirements to practice the profession of attorney

Article 8. General conditions to be procurator.

To be procurator is required:

(a) Having Spanish nationality or any of the Member States of the European Union or of the States party to the Agreement on the European Economic Area, without prejudice to the provisions of international treaties or conventions or legal waiver.

b) Being older and not being incourted because of disability.

c) to be in possession of the title of a licentiate in law, or of foreign securities which, in accordance with the laws in force, are approved for that purpose, as well as the securities obtained in the Member States of the European Union; have the power to exercise the Procura and have been recognised in Spain in accordance with the provisions in force.

d) To have obtained the title of attorney, which shall be issued by the Ministry of Justice, upon accreditation of the requirements established in this General Statute, in accordance with the Law.

Article 9. Conditions for incorporation into a College of Attorneys.

To join a Bar Association is required:

a) Being in possession of the title of attorney.

b) Meet the membership fee and the other that the College has established.

(c) The security required by this Statute shall be duly constituted.

d) Not to be incourseable because of incapacity for incompatibility or prohibition for the exercise of the Procedure.

e) Criminal records that disable for the profession of attorney.

f) To credit the compliance with the tax obligations prior to discharge in the profession.

Article 10. Conditions for the exercise of the Procedure.

For the exercise of the profession of procurator is required:

a) Being incorporated into a College of Attorneys.

b) By law, as provided for in Articles 36 and 149.1.30.a of the Constitution, it may be possible to establish comparable formulas with the other countries of the European Union which guarantee the specific preparation for the exercise of the profession.

c) To take oath or promise of compliance with the Constitution, as well as the rest of the legal order, before the highest judicial authority of the Judicial Party in which it is to be exercised, or before the Governing Board of its College.

d) Being discharged into the Mutual Insurance of the Courts of Spain, Mutual Social Welfare to Fixed Premium or, alternatively, in the Special Regime of Autonomous Workers, in the terms established in the Additional provision 15th of Law 30/1995, of 8 November, of the Management and Supervision of Private Insurance, or any consistent legislation.

Article 11. Disabilities.

1. These are circumstances that incapacitate the exercise of the profession of prosecutor:

(a) Impediments that, by their nature and intensity, make it impossible to perform the functions attributed to the procurators.

(b) The disqualification or suspension expressed for the exercise of the profession of procurator or any other profession within the scope of the Administration of Justice and other public administrations, by virtue of a judicial decision or firm.

(c) Firm disciplinary decisions that impose the suspension on professional practice or expulsion from the College of Attorneys.

2. Disabilities shall disappear when the causes which have been motivated or have been put out of criminal and disciplinary responsibility shall cease, in accordance with this General Statute.

Article 12. Decision on applications for incorporation.

1. It is up to the Government Boards of the Attorney General's Colleges to approve, suspend or deny applications for incorporation. The decision shall be taken by means of a reasoned decision after the relevant actions and reports. The decision to be taken shall be subject to the administrative procedure and, where appropriate, the relevant court, in accordance with Articles 116 and 118.

2. The Schools of Attorneys may not refuse to enter into the corporation to those who meet the requirements set out in Articles 8, 9 and 10 of this General Statute.

Article 13. Exercise in a territorial demarcation.

1. The exercise of the Procura is territorial. Procurators may only be entitled to pursue their profession in a territorial demarcation corresponding to their Professional College. For the determination of the territorial demarcation, the territorial criterion of the judicial party will be followed. A territorial demarcation may comprise one or more judicial parties, although the College to which they belong covers several of them.

2. The authorization in the territorial demarcation in which the profession is to be exercised, empowers the attorney general to act before all the courts that radiate in it.

3. Where a rule creates or modifies the territorial scope of one or more judicial parties or territorial demarcation, it shall be for the General Assembly of the College or Colleges concerned, on the proposal of its respective Governing Board, to agree on the limits and characteristics of the new demarcation, the agreement of which will be raised to the corresponding Council of Colleges of the Autonomous Community and, by this, to the General Council or, in another case, directly to it, so that, one and the other, they value the adequacy of that agreement to the law in force.

The General Council will therefore inform the authorities concerned.

Article 14. Dispatch duty opening.

The procurators have the duty to have open office in the territory of the territorial demarcation in which they are enabled.

Article 15. Procurators exercising.

1. The name of the Attorney General of the Courts corresponds to those who are validly incorporated, as exercised, to a College of Attorneys.

2. As an exercise attorney you can only belong to a college. Any application for incorporation shall be accompanied by the expression, express and written, that the formula does not belong, as an exercise, to any other College of Attorneys.

Article 16. Non-exercising procurators.

1. They may continue to belong to a College of Attorneys and use the name of the Attorney General of the Courts, always adding the expression of "non-exercising", who cease in the exercise of the profession, either by incompatibility or by incapacity or any other circumstance that does not determine the discharge in the College.

2. Those who join a College of Attorneys may be discharged as non-exercisers in the College or Colleges to which they have belonged as an exerciser.

3. He may only be admitted as a non-performing collegial who has previously and effectively exercised the profession of Procurator of the Courts.

4. All non-performing procurators are required to pay the fee that each College establishes for the collegians of this class.

5. If a non-exercising prosecutor wishes to become an exercise, he shall not complete the requirements laid down in Article 10.2 of this Statute.

6. Where a prosecutor causes a discharge in respect of the exercise of the profession by retirement and continues to be in the College as a non-exerciser, he may be empowered by his College to continue to carry out the procedures of any kind in which he has (i) to the end of the corresponding instance, for a maximum period of two years, but may not accept the representation of any natural or legal person in a new case after retirement.

Article 17. Representation and defense by non-exercising attorney.

1. The non-performing procurator who is part of a process may act for himself before the court, without the need for another prosecutor to represent him. The non-exercising attorney may also perform the procedural representation of his or her spouse or relatives up to the second degree of consanguinity or affinity.

2. In order for the above paragraph to apply, it is necessary that:

a) The process is substantiated at the place of residence of the non-exercising attorney.

b) The Attorney General obtains the prior authorization of the Board of Government of the College corresponding to the judicial party in which the suit takes place. Without prejudice to the resolution to be issued by the Governing Board, the Dean may, on a provisional basis, enable the applicant to the final decision of the Governing Board.

3. In the cases referred to in the previous two paragraphs of this article, the attorney general may assume, at the same time, the representation and the defense, provided that it has been previously authorized by the corresponding Bar Association and meet the requirements that the laws require.

4. The attorney general may also assume such defense and representation in the same cases and conditions as the non-exerciser.

Article 18. Deans and Honours of Honor.

The General Board of the Attorney General's Colleges, on a proposal from the Government, may appoint Decanos or Colegades of Honor. The appointment shall, of necessity, be placed on natural persons and shall be made in respect of relevant merits or services rendered in favour of the Office or of the College which appoints them.

Article 19. High, low, and collegiate number.

1. The Secretaries of the Colleges of Attorneys shall immediately communicate the ups and downs that occur in the corporation to all the Courts and Tribunals of its territory and, where appropriate, to the Council of Colleges of the Autonomous Community, as well as to the General Council of Courts Attorneys.

Likewise, they will communicate the situation that may arise in relation to a non-exercising retired attorney, in respect of those processes or procedures in which the representation of his client continues until the end of the (a) a corresponding instance, as well as the statutory prohibition of accepting new procedural representations after the date of retirement.

2. If the Courts and Courts are not aware of the communication of the College in which they are discharged, the Attorney General may exhibit certification or other document stating that he is incorporated in that College and is entitled to exercise in the judicial party concerned.

3. The procurators shall record their number of collegias in all written submissions.

Article 20. Loss of the collegiate condition.

1. The collegiate condition will be lost and will result in immediate low:

a) By death.

b) By voluntary cessation in the exercise of the profession.

(c) For non-payment of ordinary or extraordinary fees and other fees. However, the members of the school may rehabilitate their rights by paying the amount owed more than their interest at the legal rate and, where appropriate, the amount of the penalty imposed on them.

(d) By a final judgment bearing with him the accessory to disqualification for the exercise of the profession.

e) By firm sanction of expulsion from the College, agreed on disciplinary record.

f) High in another College of Attorneys, except that it has passed to the condition of not exercising in the one to which it previously belonged.

2. In all these cases it is up to the College Government Board to agree to the loss of the collegiate status. The agreement shall be adopted in a reasoned resolution which, once signed, shall be communicated to the General Council of Attorneys of the Courts and, where appropriate, to the Council of Colleges of the Autonomous Community, as well as to the courts. corresponding.

Article 21. Communication of Judges and Courts.

In accordance with the current legislation, the Judges and Courts shall refer to the College of Attorneys a copy of the authorized copy of the final conviction and, in general, any resolution that may be implied by the (a) disqualification or professional suspension of a prosecutor, as well as of the decisions for which a collegial is to be disciplined, and referred by the College to the General Council of Prosecutors of the Courts and, in its Case, to the Council of Colleges of the Autonomous Community.

Article 22. Reinstatement to the College.

When the procurator accredits that the causes of incapacity or incompatibility have disappeared, he may urge, from the Governing Board of the corresponding College, that he be rejoined to the situation of exercise.

CHAPTER II

Bans and incompatibilities

Article 23. Prohibitions.

Courts Attorneys are prohibited from doing so:

a) Exercise the Procura by being incourses because of incompatibility.

b) Provide your signature to those who, for any cause, cannot exercise as procurators.

c) Maintain professional or associative links with professionals who prevent the proper exercise of the process or endanger professional secrecy.

d) Any act of fraud of law that directly or indirectly seeks to circumvent the previous prohibitions.

Article 24. Incompatibilities.

1. The profession of procurator is incompatible with:

(a) The exercise of the judicial or fiscal function, whatever its name and degree, with the performance of the Secretariat of the Courts and Courts and with all employment and auxiliary or subaltern in court.

(b) The exercise of the Advocate, except in the cases of entitlement provided for in this Statute.

c) The exercise of the profession of Business Agent, Administrative Manager, Social Undergraduate, and any others whose own regulatory regulations so specify.

d) With the performance of posts, functions or public jobs in the institutional bodies of the State, the Administration of Justice and the public administrations and the public bodies that are dependent on them.

e) Any paid employment in the Colleges of Attorneys and Attorneys.

2. In the case of simultaneous exercise with other compatible professions or activities, the principle of inmediation and assistance to courts and tribunals in hours of hearing shall be respected.

Article 25. Communication of incompatibility.

The procurator who incurs any of the causes of incompatibility established in the previous article will be obliged to communicate it, without delay, to the Board of Government of its College and to cease, immediately, in the situation of incompatibility.

Article 26. Requirement for cessation in incompatibility.

1. As soon as the Board of Government advises that any of its members is pursuing the profession in contravention of any of the prohibitions referred to in Article 23 or that it is in any of the situations of incompatibility to which it relates Article 24 shall require it to regulate its situation within a period of 15 days. After the deadline has not been met, the Governing Board shall, by means of a reasoned decision, agree to the suspension of the prosecutor in the active financial year and shall inform the courts and tribunals concerned thereof.

2. The suspension shall be lifted by the Governing Board at the time when the person concerned has established that the cause of incompatibility or the circumstances of the prohibition has disappeared.

Article 27. Causes of abstention.

1. The procurator shall refrain from exercising his profession before:

(a) The judicial body in which the function of the Magistrate or Judge is performed by the spouse or person who, with the conviva, is a family member, or a relative to the second degree of consanguinity or first degree of affinity.

(b) The courts in which the Registrar, officers, auxiliaries or judicial agents are with the prosecutor in the same relationship as described in the preceding paragraph.

c) The administrative bodies in charge of the spouse or person linked by an analogous relationship of affectivity, or a relative to the second degree of consanguinity or first of affinity.

2. Where the conjugal or equivalent relationship, or of kinship, occurs between the procurator and officers, auxiliaries or judicial agents, the College of Attorneys shall bring it to the attention of the court, as stipulated in the Law Organic from the Judiciary.

Article 28. Procedures and effects of abstention.

The Attorney General who is in any of the causes of abstention related to the previous article will be obliged to communicate, without delay, to the Governing Board of his College and to the court before which that occurs, immediately ceasing in the representation that it holds.

This circumstance, if any, may be evidenced by the adverse party.

CHAPTER III

Individual, collective, and professional collaboration

Article 29. Replacement of the procurator in certain actions.

The procurators may be replaced, in the exercise of their profession, by another prosecutor of the same territorial demarcation, with the simple acceptance of the substitute, manifested in the attendance of the proceedings and actions, in the signature of the written document or the formalisation of the professional act concerned. For the replacement of procurators to operate, it is not necessary for the substitute prosecutor to be empowered in the proxy of the replaced attorney, nor for the replacement attorney to prove the need for the replacement.

In any case, the substitutions of procurators will be governed by the rules of contract of mandate contemplated in the Civil Code and the Organic Law of the Judiciary.

The attorneys may also be replaced, in the assists, proceedings and actions, by their authorized officer in the form that is regulated, in accordance with the provisions of the Organic Law of Power. Judicial.

Article 30. Replacement in the representation.

1. The Attorney General who accepts the representation in case that he is intervening or has intervened another partner in the same instance, is obliged to satisfy the suplids and rights accrued to the time of the substitution, without this limit the the right of the customer to make the replacement between procurators. If there is no agreement between the procurators, the amount of the amounts shall be fixed by the Board of Government of the College.

2. The Attorney General who ceases to be represented is obliged to return the documents in his possession and to provide the new prosecutor with the information necessary to continue in the effective exercise of the procedural representation of the power.

Article 31. Association of procurators of the same territorial demarcation.

The procurators of the same territorial demarcation may be associated, for the exercise of their profession, in the form and conditions that they have for convenient, giving an account to the College of Attorneys. The fact of the association will be made public by way of

signs, plates, or letterheads in which the names of the associates will appear.

The form of association must allow the identification of its members, it must be constituted in writing and enrol, for the purposes of publicity and the exercise of the collective competences, in the Special Register corresponding to the College where he had open office. This Register shall include its composition and the high and low levels that occur.

Article 32. Conflict of interest.

The associated procurators may in no case assume the representation of those litigants who have competing procedural positions or when they notice that there is or may be a conflict of interest between their represented.

Article 33. Collegial arbitration.

For the best safeguard of professional secrecy and relationships of companionship, it may be possible to submit to collegial arbitration any discrepancies that may arise between members of a collective office because of their operation, separation or settlement.

CHAPTER IV

Duties and rights of procurators

Article 34. Tariff.

1. The procurators in their professional practice shall be entitled to the rights set out in the tariff provisions in force, which may be reduced or increased by 10% when they expressly agree with their representatives. In the absence of an explicit agreement, the provisions of the tariff provisions in force will be strictly limited.

2. The Government Boards may require their collegiates to prove compliance with the provisions of the previous paragraph, including with the display of the invoices for the supply and the rights and their accounting.

Article 35. Advertising.

The procurators will be able to advertise their services and offices in accordance with the legislation in force. The procurators will always have the spirit of solidarity, association and brotherhood that traditionally preside over the Colleges of Attorneys and will avoid disloyalty to their peers and illicit competition, subject to the legislation on advertising, on the protection of competition and unfair competition, in any case complying with the ethical rules.

Article 36. Authorization of the advertising.

1. In cases where the constitutional rights and values present in the field of jurisdiction are affected, the advertising of the procurators and their offices, whether direct or indirect, including the latter's participation in the Legal offices in the media, must be subject to prior administrative authorization, as regulated in article 8.1 of the current General Law of Advertising.

2. It is up to the Governing Board of the respective College of Attorneys to decide on prior authorization. In any event, the authorization shall be deemed to have been granted, by positive silence, if no decision of the Board is notified within 15 days of the refusal or condition of the requested authorization. The decision shall be taken by means of a reasoned decision, which shall be subject to the system of resources provided for in this General Statute.

Article 37. Essential duties of the procurators.

1. It is the duty of the Attorney General to perform well and faithfully the procedural representation entrusted to him and to cooperate with the courts in the high public function of administering justice, acting with professionalism, honesty, loyalty, diligence and firmness in defending the interests of their represented.

2. In his relations with the administrative and jurisdictional organs, with his fellow prosecutors, with the lawyer and with his agent, the prosecutor will conduct himself with probity, loyalty, truthfulness and respect.

3. With the adverse part it will maintain, at all times, a considered and correct treatment.

Article 38. Specific duties.

1. It is the specific duties of the procurators, all those who impose the laws in order to defend their power and the correct substantiation of the processes and the others that result from the organic and procedural precepts in effect.

2. In addition, the procurators are obliged:

a) To bring a book of outstanding business knowledge and other accounts with the litigants. The keeping of these books can be done by computer.

b) To account to the client, specifying and detailing the amounts received from the client, clarifying the payments made to the benefit of the client and specifying with thoroughness the various concepts and their exact amount.

c) To satisfy, within the prescribed time limits, the ordinary or extraordinary quotas agreed upon by the College, the Council of Colleges of the Autonomous Community, where appropriate, and the General Council of Attorneys of the Courts, as well as the other compulsory charges, including those relating to the Mutual Social Welfare of the Attorneys of the Courts of Spain.

d) To report to the College any act that comes to its knowledge that implies illegal exercise of the profession or that it is contrary to the Statutes.

e) To inform the College of any act affecting the independence, liberty or dignity of a prosecutor in the exercise of his or her duties.

f) Maintain reservation of the conversations and correspondence with his/her mandant and the lawyer of the latter, as well as with the attorney and attorney of the adverse party, and with it, with a prohibition to disclose or make use, in judgment or outside of the, without your prior consent.

Article 39. Other duties.

They are also the prosecutor's duties:

a) Meet the legal, statutory, deontological and agreements of the various corporate bodies.

b) Maintain open professional office in the judicial demarcation in which the courts of the territorial demarcation in which it is established for the exercise of the profession are located.

c) Communicate, at the time of incorporation, to the corresponding College, its address and other data

to allow for easy localization. It shall also inform the College of any change of domicile and professional office.

(d) Accuse the courts and tribunals to which they pursue the profession, the notification or common services rooms and the administrative bodies, to hear and sign the sites, citations and notices of any class that you are required to perform.

e) To keep secret about how many facts, documents and situations related to your clients would have been known for the exercise of your profession. This obligation to keep secret refers also to the facts that the Attorney General would have known in his capacity as a member of the Board of Government of the College or a Council of Colleges of Autonomous Community or of the General Council of Attorneys of the Courts. It also reaches the obligation to keep secret to the facts of which you have become aware as an associate attorney or partner of another partner.

When invoking professional secrecy, the prosecutor may rely on the regulatory laws of his or her exercise to obtain full respect for his law under the law.

Article 40. Rights of procurators.

The procurators are entitled:

(a) to obtain from the corporate bodies the protection of their professional performance, their independence and their freedom of action, provided that it complies with the provisions of the legal order and, in particular, the ethical and deontological standards. Of course, they will be able to ask the corporate charges, stating the reasons for their petition, to be brought to the attention of the governing bodies of the judicial, judicial or administrative branch, the violation or ignorance of the rights of the schoolgirls.

(b) To the fair and adequate remuneration of their professional services under the tariff, which shall be respected in relation to their heirs in the event of death. In no case shall the fixing of the payment which is incompatible with the tariff rules be accepted.

c) To the accruals that come from the actions of extra-judicial character, all according to the rules of the mandate.

d) To the honors, preferences and considerations recognized by the Law to the profession, in particular, to the use of the toga when attending court sessions and courts and solemn acts, and to occupy a seat in strates at the same height as the members of the court, prosecutors, secretaries and lawyers.

e) To participate, with a voice and vote, in the General Assembly of its respective College, to make requests and proposals, to access, on an equal footing, to the collegial charges, in the form and requirements that lay down the rules legal and statutory rights and other rights which are included in the applicable legal order for the members of the school.

f) To be replaced, in any procedural action by another prosecutor exercising in the same territorial demarcation.

Article 41. Entry and registration in the office of procurator.

1. In the event that the Dean of a College, or who is legally substituted, is required by virtue of a legal standard or notified by the judicial authority or, where appropriate, the competent authority for the practice of a registration in the office (a) a lawyer must be a person in that office and must attend the proceedings which he or she is taking, ensuring that professional secrecy is safeguarded.

2. In any case, the procurator will be able to request the presence of his Dean.

CHAPTER V

Free legal assistance and trade shift

Article 42. Free representation service.

1. The Schools of Attorneys shall organize a service of free representation, with the purpose of attending to requests for procedural representation arising from the recognition of the right to free legal assistance.

2. Each College of Attorneys shall establish a system of objective and equitable distribution of the different shifts and means for the appointment of professional professionals. Such a system shall be public for all collegial and may be consulted by applicants for free legal assistance.

3. The General Council or, where appropriate, the Councils of Colleges of the Autonomous Community shall monitor the establishment and operation of the service and ensure that the provision of free legal assistance is made effectively and continuously. The guidelines issued by these Councils on the organisation and operation of this service will be mandatory for the Colleges.

Article 43. Criteria for the organisation of the free representation service.

By organizing the free representation services referred to in the previous article, the Colleges must be guided, in any case, by the following principles:

(a) The designation made by the College is compulsory for the collegiate. Only in exceptional cases shall the Governing Board, after hearing and by a reasoned agreement, dispense with the appointee and appoint another prosecutor.

(b) In accordance with the relevant laws and regulations, the Colleges of Attorneys shall ensure the provision of free representation and shall adopt formulas to prevent the provision of services Free legal provision is not provided for the number of schoolgirls needed for proper functioning.

c) They may be assigned to the free representation service who meet the requirements established by the Boards of Government of the Colleges and in accordance with the legal provisions.

Article 44. Representation in the case of free legal assistance.

1. Representation services provided to those who are creditors to the right of free legal assistance shall not be cost to their beneficiaries, without prejudice to the compensation which may be provided by the various public administrations and corporate.

2. The representation, in the field of free legal assistance, will be inexcusably linked to the defense of trade, so that in no case will it be possible to benefit from this kind of representation who makes use of a free choice lawyer, except the provisions of Article 27 of the Law on Free Legal Assistance and the provisions of the rules laid down or issued

by the Autonomous Communities in the exercise of their statutory powers.

3. If the right is not recognised, the interveners shall be entitled to receive from their representatives the rights corresponding to the action taken.

Article 45. From the trade shift.

1. The office of office guarantees the procedural representation of justiciable under the provisions of Article 24 of the Constitution.

2. The Schools of Attorneys shall appoint procuratorates, on their own initiative, when, whether or not they are required to intervene, the court order that the party be represented by a prosecutor. They shall also make the appointment at the request of the person concerned.

3. The designation of office shall give rise to the accrual of rights, although the attorney general shall be exempt from the duty to satisfy the expenses caused to his body unless his representative has made sufficient funds available to him.

4. Membership of the office of office shall be compulsory unless otherwise provided by the individual Statutes of the Colleges.

Article 46. Special arrangements for members of the Governing Board.

The components of the Government Boards that so request, and during their term of office, may be released from the obligation to belong to the legal aid and to the trade shift.

CHAPTER VI

Of The Fails

Article 47. Amount.

1. Before initiating the exercise of his office, the prosecutor shall make a security available to the judicial authority concerned and to guarantee his professional performance. The bail will be provided on the following scale:

a) To act in Madrid and Barcelona, 450 euros.

b) To act in the other populations where there are Chambers of the High Court of Justice, 240 euros.

c) To act in the other populations where there are Sections of the Provincial Audience, 150 euros.

d) To act in the other populations where the Court of First Instance exists, EUR 120.

2. The plenary of the General Council of Attorneys of the Courts, heard the Councils of Colleges of Autonomous Community and the Colleges of Attorneys, may increase the amounts of the bonds, provided that the Ministry of Justice authorizes it.

Article 48. Constitution and bail regime.

1. The security shall be made in cash or in accordance with the legal provisions in force.

2. The security shall be used for the payment of the obligations of the prosecutor in the exercise of his profession, in favour of public entities.

Article 49. Decrease in bail.

If the bond is reduced as a result of the payment of the obligations referred to in the previous article, the attorney general will be obliged to complete it within the maximum period of two months and, if he does not do so, will cause a discharge in the College, subject to file handling.

Article 50. Publication of the discharge.

By ceasing a prosecutor, in the exercise of his profession, he will announce his discharge in the territorial demarcation where he was exercising and will open a six-month period in which claims can be made.

Article 51. Return of the bail.

After the period of six months without any complaint being made, the person concerned or his heirs shall be released. If, on the other hand, there is a claim and is deemed to be fair, the corresponding amount shall be returned. In any event, prior to the resolution of the complaints submitted, a report shall be requested from the College of Attorneys to which the interested party belongs.

CHAPTER VII

From absences, their substitutions and ceases in the exercise of the profession

Article 52. Absences.

1. The attorney general shall not be absent from his territorial demarcation for more than 15 days without communicating to the Dean. The communication shall indicate the procurator or procurators who will replace him and record the conformity of the substitutes.

2. Where the absence is greater than thirty days, prior authorization from the Dean shall be necessary, who shall jointly substantiate the request of the prosecutor who intends to be absent and the acceptance of his substitutes.

Granted the authorization to be absent, the Dean will communicate it to the relevant judicial authority.

3. Procedural actions, for the purposes of substitutions, shall be governed by the provisions of Article 30 of this General Statute.

Article 53. Extension of the authorization.

1. The authorisation to be absent shall be granted for a maximum period of six months, but may be extended for a further six months in justified cases.

2. After the period for which the authorization was granted to be absent and, where appropriate, its extension, the attorney general must return to the exercise of his professional activity, immediately communicating it to the Dean of the College and the latter to the authorities. judicial.

Article 54. Low.

1. If the incorporation does not occur in time, it will be understood that the Attorney General will abandon the exercise of the profession and the Board of Government, prior to file, will proceed to give it discharge in the College of Attorneys and will communicate it to the authorities judicial.

2. An appeal may be brought against this agreement in the terms laid down in this Statute.

3. The prosecutor who has caused a discharge for this reason may, at any time, be reintegrated into the College, but must prove that it meets all the requirements that are required at the time of the new incorporation.

Article 55. Illness and death.

If the Attorney General will make a sudden, without prior appointment of a substitute, the Dean of the College, as soon as he becomes aware of the fact, he will appoint, from among the procurators of the same demarcation

territorial, to that or those who inter-pare to replace the patient until the migher resolves what he deems appropriate, and will communicate the designation made to the courts and corresponding courts.

In the event of the death of the collegiate, the Board of Government of the College shall make the appointment of those who are responsible for the liquidation of their office, at the request of the heirs or subsidiary of the Dean.

Article 56. Cease representation.

The cessation of the attorney's office in the representation of his client shall be governed by the procedural and statutory rules.

TITLE III

From the collegial responsibility regime

CHAPTER I

Criminal and civil liability

Article 57. Criminal and civil liability.

1. Prosecutors are subject to criminal responsibility for the offences and offences committed in the exercise of their profession.

2. The procurators in their professional practice are subject to civil liability when, by reason or negligence, they damage the interests whose representation has been entrusted to them, responsibility which will be enforceable under the ordinary law before the Courts of Justice, their compulsory insurance can be legally established.

Article 58. Signature to the sole effect of the representation.

When the prosecutor considers it necessary to save his or her responsibility, in the light of the terms used by the lawyer of a procedure, in the document signed by him, he may put the expression "at the moment" representation effect ".

CHAPTER II

From disciplinary responsibility

Article 59. Disciplinary powers of the judicial and corporate authority.

1. Prosecutors are also subject to disciplinary responsibility if they violate the professional duties that are specific to them.

2. The exercise of the disciplinary powers that the judicial authority has over the procurators, shall be in accordance with the provisions of the Organic Law of the Judicial Branch and in the procedural laws.

3. Disciplinary sanctions of any kind, once firm, will be entered in the collegiate's personal file.

Article 60. Disciplinary authority of the Colleges.

The Governing Board shall exercise corporate disciplinary authority over the members of the College in the following cases:

a) Vulneration of the precepts of this General Statute or of the contents in the Statutes of the Colleges or Councils of Colleges of Autonomous Community.

b) Vulneration of professional duties or ethical standards of conduct, as soon as they affect the profession.

Article 61. Suspension and expulsion agreements.

In any case, the suspension agreements for more than six months or expulsion, must be taken by the Board of Government in secret ballot and approved by the two-thirds of it.

Article 62. Disciplinary powers of the General Council.

1. The disciplinary powers, in relation to the members of the Board of Governors of the Colleges and the Autonomous Councils, shall be the competence of the General Council of Attorneys of the Courts, except where those powers are attributed to the Council of Colleges of the Autonomous Community.

2. The disciplinary powers, in relation to the members of the General Council of Attorneys of the Courts, shall in any case be the responsibility of the General Council itself.

Article 63. Classes of disciplinary sanctions.

The following disciplinary sanctions may be imposed.

a) Verbal assembly.

b) Notice in writing.

c) Multa from 150 euros to 1,500 euros.

d) Suspension in the exercise of the Procedure.

e) Expulsion of the College.

CHAPTER III

Of violations and penalties

Article 64. Classes of violations.

The violations will be very severe, severe and mild.

Article 65. Very serious infringements.

These are very serious violations:

(a) The infringement of the prohibitions and incompatibilities referred to in the Statutes.

(b) Advertising of professional services which fails to comply with the requirements that apply and provided that the conduct in which a special gravity magazine consists.

(c) The conviction of a collegial in a firm sentence by the commission, in the exercise of his profession, of a criminal offence.

(d) Acts, expressions or actions that violate the dignity or honor of persons who are members of the Governing Board of a College or of the General and Autonomous Community Councils, when they act in the exercise of their functions, and against colleagues on the occasion of professional practice.

e) Repeating in serious violation.

(f) The cover-up of professional intrusion by professionals incorporated in a College of Attorneys, as well as the exercise of collective professions outside the care of procurators.

g) The cooperation or consent to which the mandant, to whom the prosecutor has represented, appropriates

of rights corresponding to the prosecutor and paid by third parties.

h) The commission of acts that constitute a serious offense to the dignity of the profession or to the deontological rules that govern it.

i) The deliberate and persistent non-compliance with the essential deontological norms in the exercise of the Procedure.

j) Failure to comply with the obligation to have open and effective dispatch in the territorial demarcation where the prosecutor is entitled, if he has not attended to the prior requirement made for the purpose by his College.

(k) Not to refer to the courts or the common services of notifications, repeatedly and without justification.

(l) The non-application of the tariff provisions on accrual of rights in any professional performance as an employed person, in the terms provided for in Article 34.

Article 66. Serious infringements.

These are serious violations:

(a) The serious breach of the statutory rules or of the agreements adopted by the collective bodies in the field of their jurisdiction, as well as the repeated failure to comply with the obligation to take care of collective burdens provided for in the Statute, unless it constitutes a more serious infringement.

b) The lack of respect, by action or omission, to the components of the Governing Board of a College or of the General and Autonomous Community Councils.

c) Acts of manifest disregard for colleagues, in the exercise of professional activity.

(d) unfair competition, where it has been declared by the competent body, and the infringement of the provisions of the applicable rules on advertising, where it does not constitute a very serious infringement.

e) The acts and omissions described in paragraphs (a), (b), (c), (d) and (i) of the previous Article, where they do not have sufficient entity to be considered as very serious.

Article 67. Minor infractions.

These are minor violations:

(a) The lack of respect for the members of the Governing Board of a College or of the General and Autonomous Community Councils, in the performance of their duties, where it does not constitute a very serious or serious infringement.

b) Negligence in compliance with statutory rules.

c) The minor violations of the duties that the profession imposes.

Article 68. Penalties.

1. The penalties that can be imposed for very serious infringements will be as follows:

(a) For the purposes of paragraphs (b), (c), (d), (e), (f) and (g) of Article 65, suspension in the exercise of the Procedure for a period exceeding six months, without exceeding two years.

(b) For paragraphs (a), (h), (i), (j), (k) and (l) of Article 65, expulsion from the College.

2. For serious infringements, the suspension of the exercise of the Procedure may be imposed for a period of one to six months.

3. For minor offences, the following penalties may be imposed:

a) Verbal assembly.

b) Notice in writing.

c) Multa with a maximum of 1,500 euros.

Article 69. Sanctioning procedure.

1. Penalties may be imposed only after the opening of disciplinary proceedings, which shall be substantiated in accordance with the provisions of the Rules of Procedure of the Public Officials of the State Administration, approved by Royal Decree 33/1986 of 10 January and other relevant legislation, without prejudice to the specialities contained in this Statute.

2. The file, which the data subject will have access to at all times, will start with a statement of objections, the collegiate will be given the opportunity to download and to propose and practice test. It will end with a motion for a resolution that will be transferred to the affected person to make the allegations that it creates.

Article 70. Precautionary measures.

Organs with sanctioning jurisdiction may agree, by means of a reasoned decision, to the precautionary suspension, in the professional exercise, of the prosecutor in respect of whom the sanction procedure is followed.

Article 71. Enforcement of the sanctions.

1. Disciplinary sanctions will be enforced once they are firm. They may be made public when they gain firmness.

2. The sanctions which consist of suspending the exercise of the profession or the expulsion of a College will have an effect on the scope of all the Colleges of Attorneys of Spain, to which the General Council of Spain will be notified. Attorneys for the Courts, to be transferred to the Councils of Colleges of the Autonomous Community and to the other Colleges, who will refrain from incorporating the sanction as long as the sanction does not disappear.

Article 72. Extinction of responsibility.

1. The disciplinary responsibility of the collegians is extinguished by the compliance with the sanction, the passing of the collegiate, the prescription of the lack and the prescription of the sanction.

2. The discharge in the College does not extinguish the disciplinary responsibility contracted during the discharge period, but the disciplinary procedure will be concluded and the sanction will be suspended, in order to be fulfilled if the collegiate cause again to be high in a College.

Article 73. Limitation of the infringements.

1. Very serious infractions will be prescribed at age three, severe to two years and light to year.

2. The limitation period shall begin to be counted after the infringement has been committed.

3. The limitation period shall be interrupted by the notification to the collegial concerned of the agreement to initiate information prior to the opening of the disciplinary file, the time limit being resumed if the following three months do not apply. He or she shall be brought to a standstill for more than six months, for reasons not attributable to the person concerned.

Article 74. Prescription of penalties.

1. Penalties imposed for very serious infringements shall be imposed at three years; those imposed for serious infringements, at two years of age, and those imposed for minor offences, per year.

2. The period of limitation of the penalty for failure to comply with the penalty shall start from the day following the day on which the penalty decision has been signed.

3. The limitation period for the penalty, when the penalty is broken, will start counting from the date of the break.

Article 75. Sanctions annotation: expiration.

The endorsement of the penalties in the personal file of the collegiate will be cancelled, provided that it has not incurred new disciplinary responsibility, when the following deadlines have elapsed: six months in case of penalties for verbal warning, written warning or fine; one year in case of a suspension of suspension not exceeding six months; three years in the case of a suspension of more than six months, and five years in the case of an expulsion penalty.

Article 76. Rehabilitation.

The expiry date shall be counted from the day following the day on which the penalty was served. The cancellation of the annotation, once the deadlines are met, may be made on its own initiative or at the request of the sanctioned.

TITLE IV

From the professional organization of the Procura

CHAPTER I

From the Attorneys ' Colleges

Article 77. Nature and territorial scope.

1. The Schools of Attorneys are corporations governed by public law, with their own legal personality and full capacity for the fulfillment of their aims, whose functioning and internal structure will have to be democratic.

2. In the provinces where there is a single College of Attorneys, the latter will have jurisdiction throughout the territory of the province and seat in its capital.

3. In the provinces of several Attorneys ' Colleges, each one of them will have exclusive and exclusive competence in the territorial area that it has at the time of its creation, regardless of the number of judicial parties it has in the country. Today or what are believed in the future.

4. The Schools, through its General Council, will relate to the General Administration of the State through the Ministry of Justice.

Article 78. Changes to the territorial scope.

1. The modification of the judicial demarcations will not affect the territorial scope of the Colleges of Attorneys, which will have competence in the new judicial parties that can be created within their territory.

2. If one or more judicial parties are created which affect the territory of several Colleges, the governing bodies of the Colleges concerned shall agree on any changes to their territory which are necessary, in such a way as to ensure that the jurisdiction of the College understands, always, full judicial parties. If the Colleges concerned do not reach an agreement, the General Council of Attorneys of the Courts, or in their case the Council of Colleges of the corresponding Autonomous Community, will decide definitively on the new territorial limits that will correspond to the affected Colleges.

Article 79. Purpose of the Colleges of Attorneys.

These are essential purposes of the Attorneys ' Colleges:

(a) The ordination, in the field of its competence and in accordance with the provisions of the laws, of the exercise of the profession within its territory.

b) The exclusive representation of the Procura and the defense of the professional rights and interests of its members.

c) Permanent professional training for procurators.

(d) the deontological control and application of the disciplinary regime in the guarantee of the society.

e) Active collaboration in the proper functioning, promotion and improvement of the Administration of Justice.

Article 80. Legal status of the Colleges of Attorneys.

The Schools of Attorneys shall be governed by the laws of the State or autonomics which affect them, by this General Statute, by the Statute of the corresponding Council of Colleges of the Autonomous Community, in its case, by its special Statutes and Regulations of the Internal Regime and by the agreements approved by the different corporate bodies in the field of their respective competences.

Article 81. Functions of the Colleges of Attorneys.

They are the functions of the Colleges of Attorneys, in their territorial scope:

a) Exercise representation that establishes laws for the fulfillment of its purposes and, especially, the representation and defense of the profession before any public administrations, institutions, courts, entities and particular.

b) Inform, in their respective fields of competence, those legislative projects or initiatives that affect the Procura, when required.

c) Collaborate with the Judiciary and other public authorities by conducting studies, reports, statistical work, and other activities related to its purposes.

d) Organize and manage the services of free trade and justice.

e) To participate in matters of the profession in the advisory bodies of the Administration, as well as in the interbranch organizations, in accordance with the assumptions provided for in the applicable legislation.

f) Ensure the representation of the Procura in the Social Councils, in the terms set out in the rules that regulate them.

g) Organize vocational training and training courses and maintain and propose to the General Council, or Council of Autonomous Community Colleges, the approval of Schools of Legal Practice and other means of to facilitate the start of work.

(h) Order the professional activity of the collegiates, ensuring the training, deontology and professional dignity and respect due to the rights of the individuals; exercise the disciplinary power in the order professional and collegial and draft its own Statutes, norms of development of the deontological and regulations of operation, without prejudice to its visa and definitive approval by the General Council of Attorneys of the Courts.

i) to organise and promote common activities and services of interest to the collegiate, professional, training, cultural, welfare, forecasting and other analogues, including the compulsory insurance of the professional civil liability, when legally established.

j) To seek harmony and collaboration among the collegians, preventing unfair competition between them.

Grant amparo, after deliberation by the Governing Board, to the collegiate who requests it.

k) Adopt measures conducive to avoiding and pursuing professional intrusive.

l) To intervene, upon request, in the form of conciliation or arbitration in matters which, for professional reasons, are raised among the members of the school, or between them and their clients.

m) To resolve any discrepancies that may arise in relation to the professional performance of the collegiates and the perception of their rights, by means of the award to which the parties have previously expressed themselves.

n) comply with, and enforce, the legal and statutory provisions affecting the profession, as well as ensuring compliance with the rules and decisions adopted by the collective bodies in the field of their profession. competence.

n) The organization of the services and functions entrusted to them by the laws, the Civil Procedure Law and other procedural rules.

or) How many other functions are in the interests of the profession, of the collegiate and other purposes of the Procedure or that come under state or regional legislation.

p) By means of the General Assembly, the delimitation of the territorial demarcation for the professional exercise corresponds.

Article 82. Delegations of the College of Attorneys.

Schools may establish delegations in those territorial demarcations in which it is convenient for the best fulfillment of their purposes and greater effectiveness of the collective functions. The delegations shall have the collegial representation in the field of their demarcation, with the powers and powers conferred upon them by the College's Governing Board at the time of its creation or in subsequent agreements.

Article 83. Honorary and protocolary forecasts.

1. The Schools of Attorneys will have their traditional treatment and, in any case, that of illustrious and their Dean the one of illustrious lord. However, the Dean of the Colleges in whose headquarters the Superior Court of Justice is located and the Presidents of Councils of Autonomous Community Colleges who do not have another treatment for their condition of Dean, will have that of his Excellency. Mr Both these treatments, and the honorary denomination of Dean, will be shown for life.

2. The Dean of Colleges whose seat is located in provincial capital shall have the honorary consideration of the President of the Chamber of the respective Court or Hearing. The Dean of the other Colleges shall have the honorary consideration of the Magistrate or Judge of the Court of First Instance and Instruction of the locality in which the College is constituted.

3. The Dean of the Colleges of Attorneys and the members of the Councils of Colleges of Autonomous Community and of the General Council of Attorneys of the Courts will carry dumps in their togas, as well as the medals and plates corresponding to their charges, in public hearings and solemn acts to which they are in attendance. On such occasions the other members of the Board of Directors of the Colleges of Attorneys shall bear the attributes of their posts on the toga.

4. The President of the General Counsel of the Courts shall have the honorary consideration of the President of the Supreme Court.

Article 84. Governing bodies.

Each College of Attorneys shall be governed by the Dean, the Governing Board and the General Meeting, without prejudice to those other bodies that may be constituted under the autonomous laws or regulations approved by the State. for each College.

CHAPTER II

From the Governing Board

Article 85. Composition of the Governing Board.

1. The Governing Board is the administrative and management body of the College.

2. The Governing Board of each College shall be a collegiate body and shall be composed of at least the following members:

a) A Dean-president.

b) A Vicedean.

c) A Secretary.

d) A Deputy Secretary.

e) A Treasurer.

f) The vowels that determine the Statutes of each College.

3. The positions of the members of the Governing Board are free and honorific and their duration of four years. After the end of the term of office, they may be re-elected to the same or different posts.

4. The Statutes of each College shall develop the rules for the composition and functioning of its Governing Boards.

Article 86. Conditions to be a candidate.

To be a candidate for any of the positions of the Board of Government, it will be necessary to be an exercise and to carry five years of exercise in the College, except for that of Dean, who must carry ten, in both cases uninterruptedly.

Article 87. Elections.

1. The candidates for Dean and the other positions of the Governing Board shall be elected, from among the collegiates, in the ordinary or extraordinary General Meeting, as appropriate, in the terms that determine the Statutes of each College and, in any case, in direct and secret voting, in which all the members of the college, and as eligible persons, may participate, as electors, in the College in question, which

meet the requirements of the previous article and do not have any incourses in any of the following situations:

(a) Be convicted of a firm sentence, which leads to disablement or suspension for public office, while these remain.

b) To have been disciplined in any case, in any College of Attorneys, until they have been rehabilitated.

2. No collegial may, as a candidate, present more than one count of those who are elected on the same call.

3. In order to occupy the posts of Secretary and Treasurer, it will be necessary to be attached to the territorial demarcation in which the seat of the College.

4. Candidates who obtain the majority shall be proclaimed elected for each position. In the event of a tie, the most time of exercise in the College itself is chosen and, if the tie is maintained, the oldest one.

5. The resources to be brought, in the electoral process or against its result, to the Board of Government of the College, the Council of Colleges of the Autonomous Community where appropriate, or to the General Council of Attorneys of the Courts, shall not suspend the voting, proclamation and taking possession of the elect, except when agreed upon for exceptional reasons, by means of express and reasoned resolution.

6. The electoral procedure shall be established by the Statutes of each College in accordance with the provisions of this General Statute, and in accordance with the Organic Law 5/1985 of 19 June of the General Electoral Regime, as applicable.

7. When an elector expects to be absent on the day of the vote or cannot be personable, he/she may exercise his/her right by mail, according to the following requirements:

a) At least ten days in advance, you will send your vote on the official ballot, which you will enter in an envelope, which will be closed and, in turn, introduced into a larger one, in which a photocopy of the document will also be included national identity of the voter, who will sign on the same.

(b) The vote shall be filed in any of the public records and offices provided for in Article 38.4 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Administrative Procedure Common, the date of the filing must be entered. The shipment will be made to the College of Attorneys, stating next to the signs: "FOR THE ELECTORAL TABLE." The College will record the entry of these submissions and without opening the envelope will be delivered to the election table on the day of the vote.

No votes submitted outside the expected deadline will be valid.

Article 88. Inauguration.

Proclaimed elected candidates shall take possession, in accordance with the statutes of each College, upon oath or promise to carry out the respective charge and keep secret of the deliberations of the Board of Directors. Government. When elected candidates take office, they will cease to be replaced.

Article 89. Communication to the General Council.

Within five days, from the constitution of the governing bodies, the General Council of Attorneys of the Courts and the Council of Colleges of the Autonomous Community, in their case, shall be notified. with an indication of their composition and compliance with legal requirements.

Article 90. Powers of the Governing Board to prevent the takeover.

The Governing Board, meeting and hearing the affected party, shall deliberate without the presence of the affected party and, where appropriate, prevent the taking of possession or shall decree the cessation of the chosen candidates from whom it has knowledge to be held in any of the situations referred to in Article 87 of this General Staff Regulations. The resolution to be adopted shall be used in accordance with the provisions of this Statute.

Article 91. Cease in office.

Members of the Board of Directors of the Attorney General's Board shall cease for the following reasons:

a) Death.

b) Renunciation of the data subject.

c) Initial absence or loss of the statutory requirements to perform the job.

d) Expiration of the term for which they were elected or appointed.

e) Lack of unjustified assistance to three consecutive sessions of the Governing Board or five alternate sessions, within one year, with the agreement of the Board itself.

f) If a motion of censure is passed.

g) If the question of trust to be raised is not accepted.

Article 92. Extraordinary vacancies on the Governing Board.

When by death, resignation or any other cause other than the expiration of the deadline for which they were elected, vacancies would be produced in the Governing Board, which will not exceed 25 percent of the total number of its members, its members, posts shall be covered by the other components of the Board, in the order laid down in Article 85 of this General Staff Regulations, without prejudice to the convening of elections to fill vacancies, if provided for in the Statute of the College or decided upon by the Board. the members that remain.

Article 93. Provisional Board.

When, for any reason, more than half of the positions of the Governing Board, the Councils of Colleges of the Autonomous Community or, failing that, the General Council of Attorneys of the Courts, are vacant, they shall appoint a Provisional Board, among the most senior members of the school, which will hold elections within thirty days of its constitution. This Provisional Board shall cease when the candidates who are elected are sworn in, and may only take agreements that are urgent and non-deferred.

Article 94. Obligations of the collegial and members of the Governing Board.

1. It is the duty of all the collegians to immediately communicate to the General Council of Attorneys of the Courts and, where appropriate, to the Council of Colleges of Autonomous Community, that the situation referred to in the previous article has occurred.

2. The acceptance of the appointees to integrate the Governing Board will be inexcusable and unrenountable.

Article 95. Convening of the Board.

1. The Governing Board shall meet, at least once a month, upon convocation of the Dean, at the earliest opportunity necessary to enable it to be in the power of its components forty-eight hours before the date fixed for the sitting, unless the Reasons for urgency justify the call at least in advance.

2. The call shall express the place, day and time, in which the session is to be held, and the order of the day.

3. The sessions of the Governing Board to which all its members attend shall be valid, even if they have not been called in form.

4. If, by the Dean, no Government Board is convened in accordance with the above numbers, it may be convened at the initiative of half of the members who compose it, with the establishment of the agenda and matters to be dealt with.

Article 96. Quorum and adoption of agreements.

1. The Governing Board shall be validly constituted if more than half of its components are met, including the Dean or who is a statutory replacement.

2. The agreements shall be adopted by a majority vote.

In case of a tie, decide who will act as Dean.

Article 97. Faculties of the various charges.

1. The Dean shall be the legal representation of the College in all its relations, including those which it maintains with the public authorities, entities, corporations and personalities of any order; the functions of the council, surveillance and correction the Statutes reserve their authority; the presidency of all the collective bodies, as well as the special committees and committees to which it attends; direct the debates and votes of those bodies, committees and committees, with a vote of quality in case of a tie; the issue of the payment orders and the bookings to meet the costs and collective investments and the proposal of the procurators to be part of competitions or competitions courts.

2. The Vicedean shall replace the Dean in all his/her duties, in the case of absence, illness or death. In addition, it shall carry out the tasks entrusted to it by the Statutes of the College.

3. It is for the Secretary to assume the leadership of the administrative staff and the offices of the College, carrying and guarding his books, extending the minutes and certifications and the other attributions entrusted to him in the Statutes. collegial.

4. It will be up to the Treasurer to control all documents of an economic nature whose use is compulsory for the schoolgirls, managing the funds and other resources of the College.

5. The vowels and other members of the Governing Board, in addition to their performance as such, shall perform the duties assigned to them in the Statutes of their College or by the Board itself.

Article 98. Powers of the Governing Board.

They are the privileges of the Governing Board:

a) Submit to the General Board concrete matters of interest to the College or the profession, in the form that the Board itself establishes.

b) Solve on the applications for incorporation, lower and retirement of the collegiate. In case of urgency, the Dean may decide on the request, which shall be submitted to the ratification of the Governing Board.

c) To monitor, with the utmost zeal, that the collegiates are properly conducted in their relationship with the courts, with their fellow prosecutors and with their clients, making sure that in the performance of their function, they deploy the necessary diligence and professional competence.

(d) To exercise appropriate actions and actions to prevent and prosecute the intrusive, not allowing the exercise of the profession to those, collegiate or not, to exercise it in form and under conditions contrary to the legal ones established, without excluding natural or legal persons, who facilitate the irregular professional practice.

e) Apply the conditions and conditions of access, the functioning and the designation of the shifts of office and free justice, in accordance with the legal regulations in force.

f) Propose to the General Board the amount of the incorporation fees, with the limit that is determined by the General Council of Attorneys of the Courts, and the ordinary ones to be satisfied by the collegiates for the support for collective burdens and services.

g) Propose to the General Board the establishment of extraordinary fees to their collegiates.

(h) to collect the amount of the quotas and the policies established for the maintenance of the costs of the College, the Council of Colleges of the Autonomous Community, as the case may be, of the General Council of Attorneys of the Courts and of The Mutual Social Welfare of the Courts of the Courts of Spain, as well as the other economic resources of the Colleges provided for in this General Statute, and to arrange for the collection of the amounts corresponding to the College by any concept, the levy of fines imposed on the members of the school and other income and the payment of the expenses of the corporation.

i) Call for elections to provide the positions of the Governing Board, having what is necessary for your election, in accordance with statutory and statutory rules.

j) Convening General, Ordinary and Extraordinary Meetings, on its own initiative or at the request of the collegiates, in the form set out in Articles 99, 100 and 103 of this General Statute.

k) to exercise disciplinary powers, in respect of the collegial, in accordance with this General Statute, statutes of the respective Councils of Colleges of the Autonomous Community and to the individuals of the Colleges, instructing, the timely file.

(l) Compose or amend the statutes and regulations of the College, and submit them to the approval of the General Board, before referring them to the General Council of Attorneys of the Courts for approval definitive.

m) Establish, create or approve the delegations or commissions of collegiates that are necessary for the good regime or that interest the purposes of the corporation, regulating its functioning, setting the faculties, if any, delegated and designating, among their members, their members.

n) To monitor, in the professional exercise, the collegians perform their duties with the decorum, diligence, probity and other circumstances required of the procurator, as well as to promote the harmony and collaboration between the (a) collective agreements, preventing unfair competition, in accordance with the law in force.

n) Inform the collegiates promptly on how many issues they may be affected by, whether they be corporate, collegial, professional or cultural.

or) to defend the collegians in the performance of their duties of the profession, or at the time of my most, when I consider it coming and fair, ensuring that they are kept, to each and every one of the schoolgirls, considerations that are due to you.

p) To promote, before the Central Government, the Autonomous Government, the Local Government and the organs of the Government of the Judiciary, the authorities, the Council of Colleges of the Autonomous Community or the General Council of Attorneys of the Courts, how much is considered beneficial for the common interest and for the right and prompt administration of justice or convenient to the corporation.

(q) To exercise the rights and actions that correspond to the College and, in particular, against those who impede the proper functioning of the Administration of Justice or the freedom and independence of the professional exercise.

r) Distribute and administer the funds of the College, providing the most convenient to their interests, regarding the situation or investment of these, on the proposal of the Treasurer and realizing the agreed to the General Meeting.

To acquire, dispose or tax real estate, you will need the approval of the General Meeting.

s) Call, for more information, to any of the collegiate. They shall appear on the call unless justified.

(t) to draw up the basis for which competitions are to be governed, to cover the seats of the College's employees, and to proceed with the recruitment of the College, either on the occasion of a vacancy or a new creation; depending on the needs of the corporation.

u) Watch, program, and control the activity of collegiate departments and services.

v) Resolve, as appropriate, any claims made to the College in respect of any of its members.

w) Maintain with the authorities, corporations and official entities, the communication and relationships that each College corresponds to, and in particular:

1. Issue reports, opinions, queries, and other documents that are of interest to the College.

2. To organize the service of notifications referred to in article 272 of the Organic Law of the Judiciary, as well as any other service that, by Law, could be attributed to the College.

3. Perform the functions attributed to the Colleges by the Law of Free Legal Assistance.

4. Do the designations that the College correspond to the members of commissions or bodies regulated by that Law.

x) Execute the agreements adopted by the General Meeting.

and) And how many others establish the laws, the present General Statute or the individuals of each College and the Councils of Colleges of Autonomous Community, as well as the corresponding regulations.

CHAPTER III

From the General Board

Article 99. General Meeting: classes, attendance.

1. The General Board is the supreme governing body of the College. The General Board may be ordinary or extraordinary.

2. They have the right to attend, with a voice and vote, the ordinary and extraordinary General Boards of all the collegiates incorporated prior to the date on which the General Meeting is convened.

Article 100. Ordinary General Meeting: order of the day.

1. There shall be two ordinary General Boards each year, which shall be convened at least thirty days in advance.

(a) The first ordinary General Meeting shall be held in the first quarter of each year and, on its agenda, shall necessarily include the examination and voting of the balance sheet or general account of expenditure and revenue for the preceding financial year; How many issues the Governing Board considers to be of interest.

(b) The second ordinary General Meeting shall be held in the last quarter of each year and, on its agenda, shall necessarily include the presentation of the revenue and expenditure budget for the following year, as well as Consider the Board of Government to be of interest.

2. The special statutes of each College shall develop the rules for convening and holding its General Boards.

Article 101. Proposals of the collegiates.

Up to five days before the Board, the collegiates may submit proposals that they wish to submit to deliberation and agreement of the General Meeting, and that they will be included in the agenda to be dealt with in the (i) They must be signed by the number of members of the College who determines the Staff Regulations, with a minimum of 10 per 100 of their census.

Article 102. Quorum and adoption of agreements.

1. The first call may not be opened if 50 per 100 of the members of the group is not present. On the second call the Board will be held with those who attend, whatever their number.

2. Agreements shall be adopted by the simple majority of assistants, unless a qualified majority is required for a specific issue.

3. Once adopted, the agreements of the General Boards will be binding on all the members of the Board, without prejudice to the system of resources established in this General Statute and in the regulatory norms of the administrative procedure. The Statutes of the Colleges shall determine how to resolve the votes in which the tie occurs.

Article 103. Extraordinary General Boards.

1. The Extraordinary General Meeting shall be held at any time, to deal with matters that motivate it, at the initiative of the Dean, the Governing Board or at the request of a third of the collegiates.

2. The convening of the Extraordinary General Boards shall be made by agreement of the Governing Board, and shall be communicated to all the members of the Board of Directors by means of a written document containing the place, day and time when the session shall be held in the first and the second call, and the order of the day.

Article 104. Vote of censure.

1. The vote of no confidence in the Governing Board or any of its members shall always be held in an extraordinary General Meeting, convened for that purpose.

2. The request for such an extraordinary General Meeting shall be signed by at least one

third of the collegiate members, and shall express, clearly, the reasons for which it is founded.

3. The extraordinary General Meeting referred to in this Article shall be held within 30 working days from the date of the application and shall not be discussed in the same other matters as those expressed in the the call.

Until one year, another motion of censure cannot be rethought.

4. The valid constitution of such extraordinary General Meeting will require the personal concurrence of more than half of the collegial census with the right to vote, and the vote will always be, on this Board, personal, direct and secret.

5. For the motion of censure to prosper, a positive vote of two-thirds of the concurrent will be necessary.

CHAPTER IV

from The Collegial Economic Regime

Article 105. Financial year, budget and examination of accounts.

1. The financial year of the Colleges and the Councils of Attorneys shall coincide with the calendar year.

2. The Attorneys ' Colleges shall have an annual budget to which they must comply and shall keep an orderly and detailed accounting of their revenue and expenditure.

3. All collegias may examine the accounts of the College for the five working days preceding the date of the General Meeting to be held by the College.

Article 106. Ordinary and extraordinary income.

1. They are the ordinary income of the Attorneys ' Colleges:

(a) Yields of any nature that produce the activities, property or rights that integrate the heritage of the College, as well as the returns of the funds deposited in their accounts.

b) Incorporation fees to the College.

(c) The rights to be set by the Governing Board of each College, by issue of certifications.

(d) The rights to be set by the Governing Board of each College for the issuance of opinions, resolutions, reports or consultations that evacuate the College on any matter, including those relating to rights, at the request of a court or extra-judicial, as well as the provision of other collective services.

e) The amount of ordinary, fixed or variable fees, as well as the collective rights established by the Governing Board and the extraordinary fees approved by the General Board.

f) Any other concept that you legally proceed.

2. They are extraordinary income from the Colleges of Attorneys:

(a) Grants or donations to be awarded to the College by the State or official corporations, entities or individuals.

(b) Goods and rights of any kind which, by inheritance, legacy or other title, become part of the heritage of the College.

c) The amounts that, by any concept, correspond to the College in accordance with the legislation in force.

Article 107. Wealth management.

1. The patrimony of the College will be administered by the Board of Government, faculty that will exercise through the Treasurer and with the technical collaboration that is necessary.

2. The payments will be ordered by the Dean. The Treasurer shall take care of his execution and be duly accounted for.

CHAPTER V

From the Councils of Colleges of the Autonomous Communities

Article 108. Councils of Colleges of Autonomous Community.

1. The Schools of Procurators may, in accordance with the terms of the autonomous legislation, constitute the Council of Community Colleges, whose powers, composition, organization and legal status may be governed by the appropriate Statute, drawn up in the form and in accordance with the procedure laid down by the applicable law and which may in no case be in contradiction with this General Statute.

2. The Councils of Colleges of Autonomous Community shall maintain with the General Council of Attorneys of the Courts, the relations of coordination and collaboration in order for the purposes that they have entrusted, subjecting to it the questions that affect to the general interest of all Spanish procurators.

Article 109. Appeal to the General Council.

1. The agreements of the Councils of Colleges of Autonomous Community may be used in a show before the General Council of Attorneys of the Courts, when this is provided for in its Statutes.

2. The Councils of Colleges of the Autonomous Community may consult the General Council of Attorneys of the Courts on matters they deem appropriate, in accordance with the provisions of their Statutes.

CHAPTER VI

From the General Counsel of the Courts of the Courts

Article 110. Nature and organs that integrate it.

1. The General Council of Attorneys of the Courts is the superior corporate Ente of the latter, for representative, consultative, coordination and management effects, in the state and international fields.

It is also the only state disciplinary corporate body, as established by Law 2/1974, of 13 February and later, as well as applicable autonomous legislation. It has, for all intents and purposes, the status of a corporation governed by public law, with its own legal personality and full capacity for the fulfillment of its aims.

2. Its registered office will be located in Madrid, without prejudice to the possibility of holding meetings and carrying out activities elsewhere in the national territory, when agreed.

3. They are organs of the General Council of Attorneys of the Courts of the Plenary, the Permanent Commission, the Executive Committee and the President, all of whom have an elective character, governed by the system of election and operation by the Rules of procedure adopted by the General Council.

Article 111. Powers of the General Council.

These are the functions of the General Council of Courts Attorneys:

(a) Those attributed to the Colleges by Article 5 of Law 2/1974, of 13 February, of Professional Colleges, as soon as they have a national scope or impact.

b) The professional representation of the Courts ' Attorneys, and the functions of a spokesperson for all the Courts of Attorneys at the national and international levels, including that of similar entities of other nations.

c) Order the professional exercise of the procurators and participate in the systems of access to the profession according to the legal provisions.

d) To be in charge of the prestige of the profession and to require the Colleges of Attorneys and their members to carry out their duties.

e) To elaborate the General Staff Regulations of the Courts of Spain, as a basic statutory rule, in order to submit them to the approval of the Council of Ministers through the Ministry of Justice, as well as to approve Regulations of internal rules of procedure consider appropriate and sanction the individual Statutes approved by each College and its reforms, as well as those of the Councils of Colleges of Autonomous Communities, except that the autonomous legislation has another thing.

f) Resolve any doubts that may arise in the application of statutory and regulatory standards.

g) Create, regulate and award distinctions to reward the merits of the Procura service or its exercise.

h) To resolve the remedies against the agreements of the governing bodies of the Colleges of Attorneys and the Councils of Colleges of the Autonomous Communities, except that an Autonomous Law provides otherwise.

i) Exercise disciplinary functions with respect to members of the Boards of Government of the Colleges and Councils of Colleges of the Autonomous Community, except where those powers are conferred on the Council of Colleges of the Autonomous Community, and in any case with respect to the members of the General Council of Attorneys of the Courts.

j) Forming and keeping up to date the census of the procurators, as well as the file and the registration of penalties that affect those.

k) Designate representatives of the Procura for their participation in the Advisory Councils and Agencies of the Administration, at national and international level.

(l) Inform, in the legally provided assumptions, any State project to amend the legislation on Professional Colleges.

m) Issue the reports requested by the Administration, Colleges of Attorneys and Corporate Officers regarding matters related to their purposes, or agree to formulate own initiative; propose the reforms (a) legislative action as it deems appropriate, and intervene in all matters affecting the Spanish Procedure.

n) Establish the necessary coordination between the Councils of Colleges of the Autonomous Community, as well as among the different Colleges, and address the conflicts that may arise between them, with respect to their respective autonomy.

n) Designate the provisional Boards as provided for in Article 93.

or) Adopt the necessary measures for the Colleges to comply with the resolutions of the General Council of Attorneys of the Courts, dictated in the matter of their jurisdiction.

p) To organize, with national character, institutions and services of assistance and foresight for the procurators, collaborating with the Administration for the application of these.

q) Defend the rights and demand the fulfillment of the duties of the Colleges of Attorneys, as well as those of their collegiates, when required by the respective College or come determined by the laws, and protect the lawful freedom of action of the procurators, and may, in order to do so, promote the actions and resources that come before the competent authorities and jurisdictions, including before the Supreme Court of Justice, the Constitutional Court, the Courts (a) European and international, without prejudice to the legitimacy of each of the different Colleges of Attorneys and/or these personally.

(r) To impose, by all legal means, the intrusive and the clandestine in the professional exercise, for whose persecution, denunciation and, if necessary, sanction, is the General Council of Attorneys of the broad courts and particularly entitled, without prejudice to the initiative and competence of each College.

s) To prevent and prosecute illegal and unfair competition and to ensure the full effectiveness of the provisions governing incompatibilities in the exercise of the Procedure.

t) Coordinate, on a national basis, the fees payable for the incorporation of the various Colleges, and may set maximum limits for them.

u) Develop and approve its own budget and the settlement account for it, as well as set the equitable contribution of the necessary Colleges to the Council's expenditure.

v) In general, in economic matters and without any exclusion, to carry out, with respect to the own patrimony of the General Council of Attorneys of the Courts, all kinds of acts of disposition and taxation, in particular:

1. Manage Goods.

2. Pay and collect amounts.

3. Do effective bookies, give or accept goods on or for payment.

4. Grant transactions, commitments, and resignations.

5. º Buy, sell and permute, pure or conditionally, with a confessed or deferred price or paid in cash, all kinds of movable and immovable property, real and personal rights.

6. Dissolve communities of goods and condos, declare new works, improvements and excess of space.

7. Constitute, accept, divide, alienate, tax, redeem and extinguish usufructs, easements, options and leases inscribable and other real rights, exercising all the powers derived therefrom.

8. Constituency mortgages.

9. Take part in contests and auctions, make proposals and accept awards.

10. Accept, always for inventory benefit, and repudiate inheritances, do approve or contest inheritance partitions, and deliver and receive legacies.

11. Hire, modify, terminate and liquidate insurance of all kinds.

12. Operate in Official Banks, Savings Banks and Banks, including Spain and its branches, doing everything as much as the legislation and banking practices allow; continue, open and cancel savings accounts and books, current and credit accounts and security boxes.

13. Free, accept, endorse, charge, intervene and negotiate letters of change and other effects.

14. Buy, sell, exchange and pay for securities and collect their interest, dividends and amortizations, arrange credit policies, either personal or with a share of securities, with banks and credit institutions, including the Banco de España and its branches, signing the appropriate documents.

15. Modify, transfer, cancel, withdraw and constitute cash deposits or provisional or definitive securities.

w) In the field of legal proceedings:

1. Install notarial minutes of all classes; accept and answer notices and notarial requirements.

2. Comappearing before centers and agencies of the State, Province and Municipality, judges, courts, prosecutors, delegations, committees, boards, juries and commissions, and in them, urge, follow and terminate as an actor, defendant or in any another concept, all kinds of files, judgments and civil, administrative, governmental, employment, all grades, jurisdictions and instances, raising petitions and exercising actions and exceptions in any procedures, proceedings and appeals, including appeals or before the Constitutional Court or European and international courts; to provide, where required, personal ratification; to grant powers with the powers that detail and to revoke powers and substitutions.

3. Interpose all kinds of resources to any public administrations.

4. To delegate all or some of the powers set forth in the President or in one or more Directors, jointly or separately, and grant them the consequent powers.

5. º Accept, perform and renounce mandates and powers of the Colleges of Attorneys.

(x) Exercise the functions conferred on it by Law 1/1996, of Free Legal Assistance, in particular those provided for in Articles 22, 25 and 39 of that Law, and regularly regulate the common services of notifications which have to organize the Colleges of Attorneys, as well as any other jurisdiction attributed to it by Law.

y) And, at last, to exercise all functions and prerogatives as set out in the provisions in force and all those that, not expressly stated, are concomitant or consequence of the foregoing and have a place in the spirit that the report.

Article 112. Economic resources of the General Council.

To cater for the purposes of the Board and to cover its general expenses, it will have the following revenue:

a) With the quotas that you agree to set at each time for the Attorneys ' Colleges.

b) With the amount of certifications to be issued.

c) With the amount of penalties for penalties that may fall on the Colleges or Collegians.

d) For any extraordinary spills which, by special circumstances, agree the General Council.

e) By interest, income and pensions that produce the property and rights of your property.

f) By grants, donations and legacies to be granted by any public administration, public bodies, private or private entities.

g) For the amounts to be paid by the procurators on the basis of the written documents in which they appear, as well as in the acts of communication, in the form, circumstances and amounts to be agreed by the General Council.

Article 113. Composition and operation.

1. The plenary session of the General Counsel of the Courts will be composed of:

a) The President of the General Council.

b) The Dean of all the Colleges of Attorneys.

c) The President of the Mutual Social Welfare of the Attorneys of the Courts of Spain, provided that he is a prosecutor.

d) A Secretary and a Treasurer, of an elective nature.

e) A Vice President, a Deputy Secretary and a Vicetesorero, of an elective nature.

2. It shall be for the plenary session to exercise all the functions and powers assigned to the General Council by this Statute and to those conferred upon it by the Rules of Procedure.

3. The Permanent Commission shall be composed of the President, the Vice-President, the Secretary, the Treasurer, the Deputy Secretary, the Deputy Secretary, and the Presidents of the Councils of Colleges of Autonomous Community. In those Autonomous Communities that lack the Council of Colleges, the Dean of the respective Colleges shall elect among them to be a member of the Standing Committee. In the Autonomous Communities that have a single College of Attorneys, the Dean of the latter will be a member of the Permanent Commission.

4. It is for the Standing Committee to exercise those functions and powers delegated to it by the Plenary.

In cases of urgency, the Standing Committee may assume the powers of the plenary session, taking into account the plenary of the measures taken.

5. The Executive Committee shall be composed of the President, the Vice-President, the Secretary, the Treasurer, the Deputy Secretary, and the Vice President.

6. They correspond to the Executive Committee, in addition to the implementation of the agreements of the Plenary and the Permanent Commission, those powers entrusted to it and, in general, to resolve all matters of procedure that do not require, because of its importance, the Meeting of the plenary session or of the Standing Committee, which may be held in exceptional circumstances where, as a result of not admitting delay, the Permanent Commission cannot be called upon to assume the powers of the plenary and the plenary, adopting the measures it considers appropriate, giving an account to the Permanent Commission immediately called to the effect.

7. The President is the maximum representative of the profession, corresponding to the competences established in the provisions in force, in this General Statute and in the Rules of Procedure of the General Council. You will be entitled to the honours and preeminences which, as such, correspond to you and which will be saved to you in all areas.

CHAPTER VII

From the Legal Regime of Agreements and their Impeachment

Article 114. Execution of agreements.

1. All the agreements of the collegial organs shall be immediately executive, unless the agreement itself establishes something else.

2. Any acts of the Colleges of Attorneys, of their Councils of Colleges of Autonomous Community or of the General Council which are a consequence of the exercise of administrative powers shall be governed, with

additional character, by the common administrative legislation, as provided for in the first transitional provision of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

Article 115. Nullity and annulment of acts.

1. The grounds for invalidity and the nullability of the collective acts shall be those laid down in the administrative rules in force.

2. The Governing Board shall, in any event, suspend and review its own motion or make an appeal against the right to the right to act.

Article 116. Administrative resources.

1. Persons with legitimate interest may make an appeal to the General Council of Attorneys of the Courts, against the agreements of the Governing Board and of the General Meeting of any Association of Attorneys, within a period of one month from the date of its adoption. their publication or, where appropriate, notification of the members or persons to whom they are concerned, unless otherwise provided by the autonomous legislation.

2. The appeal shall be lodged with the Governing Board which issued the agreement, which shall, with its background and the report which it carries out, give it to the General Council within 15 days of the date of its submission, unless it is ex officio its own agreement within that period. The General Council, prior to any reports it considers relevant, shall issue an express resolution within three months of its standing, on the understanding that, in the event of silence, it shall be denied. The appellant may request the suspension of the appealed agreement and the Standing Committee of the General Council may agree or deny it.

3. The agreements of the Councils of Colleges of the Autonomous Community shall only be made available to the General Council when they have their own Statutes, in which case the same procedure as expressed in the preceding paragraphs shall apply. this article.

Article 117. Specialties in the field of administrative resources.

For administrative resources, the following specialties will be observed:

1. The Boards of Government of the Colleges of Attorneys shall be entitled to make an appeal against the agreements of the General Boards of Directors, in the form and deadlines determined by the existing administrative legislation.

2. If the Governing Board understands that the agreement is void in full or seriously detrimental to the interests of the College, it may request the suspension of the agreement and the Permanent Commission of the General Council may agree to the agreement. or deny it motivated.

Article 118. Judicial review.

The acts emanating from the General Boards and the Boards of Government of the Colleges, the General Council of Attorneys of the Courts and the Councils of Colleges of Autonomous Community, as soon as they are subject to the law Once the corporate resources have been exhausted, they will be directly subject to the administrative-administrative jurisdiction.

Article 119. Calculation of applicable time limits and legislation.

1. The time limits for this General Statute expressed in days shall be construed as working days, unless otherwise expressly stated.

2. The Law of Legal Regime of Public Administrations and of the Common Administrative Procedure shall apply to all decisions involving the exercise of administrative powers, as provided for in the transitional provision of the latter. In any event, such a law will have an extra character for what is not provided for in this General Statute.

CHAPTER VIII

From the Mutuality of the Attorneys of the Courts of Spain, Mutual Social Welfare to Fixed Premium

Article 120. From the Mutuality of the Attorneys.

The Mutuality of the Attorneys of the Courts of Spain, Mutual Social Welfare at Fixed Premium, constitutes an Institution of Social Welfare, has the nature of private entity of Social Welfare Professional, without For profit, based on the principles of solidarity, equity and sufficiency, exercising an insurance form of a voluntary nature, alternative to the system of compulsory social security or, where appropriate, supplementary, by means of contributions to fixed premium of its mutualists, natural or legal persons, or donations from other entities or protective partners.

The Mutuality shall be governed by its own Statutes, the agreements adopted by its governing bodies and applicable insurance legislation.

Through the Mutual Fund, the professional solidarity systems inherent to it will be developed from its foundation, which will be carried out through the Social Fund, established under the provisions of paragraph 2 of the Article 64 of Law 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance, with creditors being creditors of both mutual and non-mutual prosecutors.

In order for these social aids to be able to materialise in an equitable and supportive manner, every prosecutor, whether or not he is a member of the public, will be obliged to participate proportionally, depending on the procedures in which he/she is persone, in the revenue necessary for this purpose, in the form governed by Article 5 of the Social Fund Regulation, approved by the extraordinary General Assembly of Representatives, at its meeting of 21 December 1996.

Single transient arrangement. Transitional statutory scheme.

The Schools of Attorneys and the Councils of Colleges of Autonomous Community, without prejudice to the provisions of the autonomous legislation, shall apply this General Staff Regulations from their entry into force and must adapt their corresponding Statutes within one year of the date of production. The Special Statutes shall retain their validity in all matters which do not contravene the provisions of this General Statute.