The State Pact for the reform of Justice sets the foundations of an ambitious modernization process that affects all agents of the judiciary. Attorneys as representatives of the parties in the process must actively ensure representation of quality, quick and effective rights of citizens in controversy. Therefore, point twenty State Pact foresees the adoption of a new General Statute of attorneys that dowry of a new regulatory framework on the exercise of the profession.
The Council General of the prosecutors of the courts, use of powers of self-regulation which has attributed, has raised a proposal for a new statute General of prosecutors that the Government wants approved by Royal Decree, the Government proposal that is motivated by a whole set of new circumstances.
The law 1 / 2000, of 7 of January, of prosecution Civil, in its exhibition of reasons underlines the important role of them attorneys in the new design of them acts of communication, allowing that through an optimal management from them attorneys is to slow the them delays in the processing. In this sense, the law of prosecution Civil provides that them attorneys, in their condition of representatives of them parties and as professional with knowledge technical on the process, receive notifications and move to the part contrary written and documents. The law attributed to prosecutors new roles in the process, notably receiving communications service, organized by professional associations and which is located in all judicial buildings of civil order. New responsibilities contained in the law of Civil procedure, as well as the forecast of the State Pact for the justice reform on the promotion in schools of procurators in the use of new technologies in the acts of notification, they have their reflection in this statutory standard.
He new statute General of them attorneys of them courts of Spain responds of way effective to the need of update it normative own of this collective professional that is came regulating by the Statute General of them attorneys of them courts of Spain, approved by Royal Decree 2046 / 1982, of 30 of July. The modernization of the procurement, on the basis of the new functions assigned, will allow a better citizen representation to justice, expediting the procedure through the use of new technologies by prosecutors.
The new Statute contains access to the profession as response to the need to ensure the preparation specified in the exercise of the profession of Attorney and to the desirability of establishing formulas comparable with 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 lawyer and Attorney , in accordance with the criteria of point twenty of the State Pact for justice reform.
The new regulation includes the Association of attorneys as a channel for professional practice. This can enrich the professional practice of those attorneys as exercise and those others with less experience, allowing you to also meet the challenges of a changing society in which the use of new technologies no doubt causes a new professional challenge.
The territorial demarcations for the professional exercise, always coincident with one or several judicial districts, are created so that due to its geographical proximity is even more guaranteed the requirement of procedural immediacy. In this way, the client's interests are represented with greater efficiency and guarantees.
A significant advance in the relationship between attorney and client, is reached to regulate the ability of schools to organize services to ensure the professional civil liability of the Attorney General. This ensures greater citizen rights to a hypothetical negligent performance.
On the other hand, the Statute conforms to the new regional reality, being provided for the existence of those boards of schools of autonomous region constituted according to regional regulations.
Finally, it is of note, among the novelties which incorporates the Statute, the introduction of voting by mail in corporate elections, which is intended to facilitate and broaden the participation in these, thus strengthening democracy in the structure and functioning College, in accordance with the constitutional mandate.
The former statute General of the attorneys of the courts of Spain was approved by Royal Decree 2046 / 1982, of 30 July. The legislative reforms carried out since then and the modernization of the administration of justice needs make it necessary to update the regulation of the practice of the profession of attorney.
Law 2/1974, 13 February, professional associations (as amended by law 74/1978 of 26 December, regulatory standards of the professional schools by law 7/1997, of 14 April, liberalization measures in the field of soil and professional associations, and by the Royal Decree-Law 6/2000 of 23 June, intensification of competition in markets for goods and services) establishes that professional associations are governed by its statutes and internal regime in development of those regulations.
For this purpose, it has general councils shall draw up for every school in a profession the general statutes, which shall be subject to the approval of the Government through the competent Ministry.
Thus, the Council General of the colleges of attorneys of the courts of Spain, in accordance with article 6(2) of the Act of professional associations, has prepared a draft of General procurators statute which the Ministry of Justice submitted to the Government for approval.
In his virtue, a proposal from the Minister of Justice, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of December 5, 2002, D I S P O N G O: only article. Adoption of the Statute General of the attorneys of the courts of Spain.
Approves the Statute General of the attorneys of the courts of Spain, whose text is then inserted.
Sole repeal provision. Repeal legislation.
Repealed the Royal Decree 2046 / 1982, of 30 July, which approves is the Statute General of the attorneys of the courts of Spain, as well as how many rules of equal or lower rank to oppose provisions of this Royal Decree.
First final provision. Regional legislation.
In the General Statute shall be without prejudice to what on this subject, in accordance with the Constitution, the State law and the statutes of autonomy, provided the autonomic legislation.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "official bulletin of the State".
JUAN CARLOS R.
Justice Minister JOSE MARIA MICHAVILA NÚÑEZ statute GENERAL the attorneys of the courts of Spain title I provisions general article 1. The procurement function.
1. the procurement, as territorial exercise of the profession of solicitor of the courts, is a free, independent and collegiate profession which has as its main mission the technical representation of those who are party to any kind of procedure.
2 is also the procurement mission to perform many functions and competences attributed the procedural laws in order to the better administration of Justice, the correct conduct of the process and the effective implementation of judgments and other decisions issued by courts and tribunals. These competencies may be undertaken directly or by delegation of the Court, in accordance with the applicable legislation.
Article 2. Rules General of the exercise professional.
1. in practice, attorneys, as cooperators of the administration of Justice, are strictly subjected to the law, its statutory rules of any rank, to applications that integrate the ethics of the profession and disciplinary regimes judicial and corporate.
2. prosecutors, in accordance with the law, shall keep secret facts or news who know by reason of their professional performance.
Article 3. Definition of attorney.
They are the prosecutors of courts who validly incorporated into a College: 1. are responsible for the representation of their mandators before the courts and tribunals of any court order.
2. is responsible for the performance of those functions or the provision of those services which, as cooperators of the administration of Justice, entrusted to them by the laws.
3. the Procurator may hold the defense of the client when it is not reserved by law for other professions.
Article 4. Freedom, independence and responsibility.
Them attorneys will develop its activity with freedom e independence, but with strict clamping to them standards ethical that discipline the exercise of the profession and to it ordered in the law, in this Statute General, statutes of tips of schools of community autonomous, particular of each College and in them others standards that are applicable.
Article 5. Preceptividad of professional intervention.
1. the professional intervention of the Prosecutor in all sorts of processes and before any court order is mandatory when this law provided for it.
2. the concrete representation with which the Attorney intervenes in trial, is credited by empowerment express and enough, awarded according to them provisions legal.
3. them relations between the Attorney and his command is governed by the provisions contained in them laws, by them forecasts of this Statute General, statutes of tips of schools of community autonomous, them particular of each College, them standards relating to the contract of mandate and others provisions legal that are applicable.
Article 6. Freedom of acceptance and resignation.
1. prosecutors shall have full freedom to accept or reject the procedural representation in a particular matter.
2. also, they may decide not to representation accepted at any stage of the procedure, but always in accordance with the provisions of the laws.
Article 7. College corporations.
1 the professional organization of the attorneys of the courts of Spain is formed by: to) the General Council of the courts of procurators.
b) autonomous community councils schools attorneys.
(c) the professional College of procurators.
2. these collegiate corporations will have powers that allocated them laws, this General statutes and particular statutes.
3. in its structure and inner workings, all corporations shall conform to democratic principles and the system of annual budgetary control.
Title II attorneys chapter I requirements for the profession of Attorney 8 article. General conditions to be Prosecutor.
To be Procurator is necessary: to) have nationality Spanish or one of the States members of the European Union or of States party to the agreement on the European economic area, without prejudice to provisions of treaties or international conventions or unless legal dispensation.
(b) be higher of age and not be whom in cause of disability.
(c) be in possession of a degree in law, or of the foreign titles which, in accordance with the legislation in force, be homologated to one, as well as the qualifications obtained in the Member States of the European Union which empower to exercise therein the procurement and which has been recognised in Spain in accordance with the provisions in force.
(d) having obtained the title of Attorney, which shall be issued by the Ministry of Justice, prior accreditation requirements set forth in this General Statute, in accordance with the law.
Article 9. Conditions for joining a College of procurators.
For joining an Association of attorneys is necessary: to) be in possession of the title of Procurator.
(b) satisfy the entrance fee and others that the school has established.
(c) have duly constituted the bond required by this Statute.
(d) not be in cause of inability to incompatibility or prohibition on the exercise of the procurement.
(e) lack of a criminal record that disabled for the profession of solicitor.
(f) provide proof of compliance with tax obligations prior to discharge in the profession.
Article 10. Conditions for the exercise of the procurement.
For the exercise of the profession of Attorney is required: to) be incorporated into a College of procurators.
b) by law, pursuant to articles 36 and 149.1.30. a of the Constitution, may be comparable formulas with the rest of the countries of the European Union that guarantee specific preparation for the exercise of the profession.
(c) provide oath or promise of compliance to the Constitution, as well as to the rest of the legal system, the judicial authority of greater range of the Judicial District in which it is to exercise, or to the Governing Board of their school.
(d) be given on the mutuality of attorneys of the courts of Spain, Mutualidad de previsión Social premium fixed or, Alternatively, in the special scheme for self-employed workers, under the terms established in the fifteenth additional provision of law 30/1995 of 8 November, management and Supervision of private insurance, or with any related legislation.
Article 11. Disabilities.
1 circumstances that disable for the exercise of the profession of attorney are: to) the impediments which, by its nature and intensity, preclude the fulfilment of the functions assigned to prosecutors.
(b) the debarment or suspension expressly for the exercise of the profession of attorney or any other profession in the field of the administration of Justice and other public administrations, under firm legal or corporate resolution.
(c) the firm disciplinary resolutions that impose professional suspension or expulsion from the College of procurators.
2. the disability will disappear when an end to the reasons that have motivated them or is extinguished the criminal and disciplinary, liability in accordance with the present General regulations.
Article 12. Decision on requests for incorporation.
1 corresponds to the boards of Government's schools of prosecutors approve, suspend or deny requests for incorporation. The decision shall be taken by reasoned ruling after the actions and reports that are relevant. The decision rendered may be appealed by administrative remedies and, where appropriate, the Court, in accordance with articles 116 and 118.
2 colleges of attorneys may not refuse admission to the Corporation who meet the requirements laid down in articles 8, 9 and 10 of the General Statute.
Article 13. Exercise in a territorial demarcation.
1. the exercise of the procurement is territorial. Prosecutors may only be enabled to exercise their profession in a corresponding to their professional college territorial demarcation. The territorial criterion of the judicial party will be followed for the determination of the territorial demarcation. A territorial demarcation, may include one or several judicial districts, although the College to which they span several of them.
2. the habilitation in territorial demarcation which will exercise the profession, empowers the Attorney to act before all courts that are in the same.
3. when a rule, create or modify the territorial scope of one or several judicial districts or territorial demarcation, will correspond to the General Assembly of the College or colleges concerned, on a proposal from its respective governing board, remember the limits and characteristics of the new demarcation, whose agreement will rise to the corresponding autonomous community colleges Council and, by this to the General Council or, in another case, directly to this one, that one and the other, evaluate the adequacy of that agreement to current legislation.
Of all the General Council will inform the appropriate authorities.
Article 14. Opening of office duty.
Prosecutors have the duty of having office opened in the territory of the territorial demarcation that are enabled.
Article 15. Practicing attorneys.
1. the name of the solicitor of the courts corresponds to those who are validly incorporated, as self-employed, a College of procurators.
2. as practicing attorney can only belong to a school. With any request for incorporation will accompany the manifestation, express and written that, the who formula, does not belong, as practicing, no other College of procurators.
Article 16. Not practicing attorneys.
1 you can follow belonging to an Association of attorneys and used the name of solicitor of the courts, adding always the expression of "non-practicing", who stop in the exercise of the profession, either due to incompatibility, disability or for other reasons not determined decline in school.
2. those who join a College of procurators may continue to be high as not practicing dies at the school or schools that had belonged as self-employed.
3. only it may be admitted as member practicing who has previously and effectively exercised the profession of solicitor of the courts.
4. all non-practicing attorneys are required to pay the fee each school established for the members of this class.
5. If a non-practicing attorney want to stop practicing, you should ignore the requirements laid down in article 10(2) of this Statute.
6 when a prosecutor causes decline in the practice of the profession by retirement and continue at the College in the condition of non-practicing, you can be enabled, by their school, to continue prosecuting the procedure bearings of all types in which had intervened, until the completion of the corresponding instance, for a maximum period of two years, but it cannot accept the representation of any natural or legal person in new matter subsequent to its lower for retirement.
Article 17. Representation and advocacy by non-practicing attorney.
1. the non-practicing attorney who was party to a process, may act by itself before the Court, without that other attorney represent you. Non-practicing attorney may also play the procedural representation of your spouse or relatives up to the second degree of consanguinity or affinity.
2. so it is implementing the provisions of the preceding paragraph is necessary that:
to) the process is proceeding in the place of residence of the non-practicing attorney.
(b) the Attorney General obtained the prior authorization of the Government Board of the College for the judicial district in which litigation takes place. Notwithstanding the resolution which should dictate the Governing Board, the Dean may enable, provisionally, falls to the applicant until final resolution of the Governing Board.
3. in the cases referred to in the two preceding paragraphs of this article, the Attorney will take, simultaneously, representation and defence, provided that it had been previously enabled by the corresponding Bar Association and fulfilled the requirements demanded by the laws.
4. practicing attorney can also assume the defence and representation in the same cases and conditions than non-practicing.
Article 18. Deans and Honor chartered.
The Board General of schools of prosecutors, acting on a proposal of the Government, may appoint Deans or Honor chartered. The appointment must lie, necessarily, with individuals and will be in accordance with merit or relevant services provided in favour of the procurement or school that names them.
Article 19. High and low number of College.
1. the Secretaries of the colleges of attorneys shall, immediately, the ups and downs that occur in the Corporation to all the courts and tribunals of their territory and, where appropriate, to the Council of schools of autonomous community, as well as to the General Council of procurators of the courts.
Also, shall communicate it situation that can produce is in relation to Attorney retired not practicing, with regard to those processes or procedures in that continue it representation of its customer until the completion of the corresponding instance, as well as shall communicate it ban statutory of accept new representations procedural with after to it date of it low by retirement.
2. If them judged and courts not had record of the communication of the College in which appears given of high, the own attorney may display certification u another document that accredits that is built-in to that College and enabled to exercise in the party judicial of that is try.
3. prosecutors shall consign your number registered in all the writings that sign.
Article 20. Loss of the condition of College.
(1. the condition of College is lose and will give place to the low immediate: to) by death.
(b) by voluntary cessation of the practice of the profession.
(c) for failure to pay the ordinary or extraordinary membership fees and other school charges. However, referees can rehabilitate their rights by paying the amount due more their interest at the legal rate and, where applicable, the amount of the sanction it imposed.
(d) by judgment that I get the accessory of disqualification for the exercise of the profession.
(e) by sanction firm of expulsion from the College, agreed on disciplinary.
(f) by high in other College of procurators, except that has passed to non-practicing status in that to which it previously belonged.
2. in all these cases corresponds to the Government of the College Board agree to the loss of the status of College. The agreement will be adopted in reasoned ruling which, once firm, shall be communicated to the General Council of procurators of the courts and, where appropriate, the Council of schools of autonomous community, as well as the corresponding jurisdictional bodies.
Article 21. Communication of judges and courts.
In accordance with current legislation, judges and courts shall send to the respective procurators College authorized the firm conviction of copy and, in general, any resolution that could be implied the debarment or suspension professional to a solicitor, as well as the resolutions that correct disciplinary to a collegiate, referring by that College copy thereof to the General Council of procurators of the courts and , where appropriate, the corresponding Autonomous Community Council of schools.
Article 22. Return to the College.
When the Attorney General certifying that they have disappeared the causes of incapacity or incompatibility, you can urge, the Board of Government of school appropriate, be reincorporated him to the location of practicing.
Chapter II prohibitions and incompatibilities article 23. Prohibitions.
The prosecutors of the courts they are prohibited: to) exercise the procurement being bankrupt in cause of incompatibility.
(b) provide your signature to those who, for whatever reason, may not exercise as attorneys.
(c) maintain links associative or work of a professional nature with professionals which impede the correct exercise of the procurement or professional secrecy which endanger.
(d) any action in fraud law that directly or indirectly intended to circumvent previous bans.
Article 24. Incompatibilities.
1 the Attorney profession is incompatible with: a) the exercise of judicial or fiscal, feature anyone who is its name and grade, with the performance of the Secretariat of the courts and tribunals and all employment and ancillary or subordinate function in court.
(b) the exercise of the legal profession, except in the case of authorization provided for in this Statute.
(c) the exercise of the profession of business agent, administrative Manager, Graduado Social, and any others whose own regulations so specify it.
(d) with the performance of public employment in the institutional organs of the State, the administration of Justice and public administrations and dependent of them public bodies, functions or charges.
(e) any paid employment in the colleges of attorneys and lawyers.
2. in the event of simultaneous exercise with other professions or activities compatible, respected the principle of immediacy and hours of hearing assistance to courts and tribunals.
Article 25. Communication of the incompatibility.
The Attorney incurred in any of the causes of incompatibility laid down in the preceding article shall be obliged to notify, without delay, the Governing Board of their school and cease immediately, in the situation of incompatibility.
Article 26. Requirement of cessation in the incompatibility.
1. as soon as the Board of Government warn that any of their collegiate exerts the profession contravening any of them prohibitions to is refers the article 23 or that is is whom in any of them situations of incompatibility to is refers the article 24, you will require so, in the term of fifteen days, regularized his situation. Elapsed the term without meet the requirement, the Board of Government agreed, by resolution motivated, the suspension of the Attorney in the exercise active and it communicated to them judged and courts that corresponds.
2. the suspension is will boost, by the Board of Government, in the time in that the interested credit that has disappeared it cause of incompatibility or them circumstances that underlying the prohibition.
Article 27. Causes of abstention.
1 the Prosecutor will refrain from exercising their profession before: to) judicial organ where to play the role of judge or judge the spouse or person who live together in assimilable relationship with him, or a family member up to the second degree of consanguinity or affinity first.
(b) those bodies jurisdictional in that the Secretary, official, auxiliary or agents judicial is are with the Attorney in the same relationship described in the paragraph previous.
(c) them organs administrative to charge of the spouse or person linked by an analog relationship of affectivity, or a family up to the second degree of consanguinity or first of affinity.
2. when the relationship conjugal or assimilable, or of kinship, is produce between the Attorney and official, auxiliary or agents judicial, the College of procurators it put in knowledge of the organ jurisdictional, according to it stipulated in the law organic of the power Judicial.
Article 28. Procedures and effects of the abstention.
Attorney who is one of the causes of abstention in the previous article shall be obliged to notify, without delay, the Governing Board of their school and the Court before which that occurs, immediately ceasing in the representation that holds.
This circumstance, in their case, can be put clear by the adverse party.
Chapter III exercise individual, collective and professional collaboration article 29. Substitution of Attorney in certain actions.
Prosecutors may be replaced, in the exercise of their profession, by another Attorney of the same territorial demarcation, with the simple acceptance of the substitute, manifested in attendance at the proceedings and actions, in the signature of writings or in the formalization of the professional act concerned. To operate the substitutability between attorneys is not necessary substitute Attorney is empowered in seizure of Attorney substituted, or replaced Attorney certifying the need for replacement.
In any case, substitutions of procurators shall be governed by the rules of contract of mandate referred to in the Civil Code and the organic law of the Judicial power.
Also may attorneys be replaced, in assists, proceedings and actions, by his official enabled on the form according to the rules established, as laid down in the organic law of the Judicial power.
Article 30. Substitution in the representation.
1. the Procurator who accept the representation at issue which are involved or have involved another companion in the same instance, is obliged to satisfy the supplemented and rights accrued at the time of replacement, while this limit the customer's right to carry out the substitution between attorneys. If there is no agreement between the attorneys, the amount of the sums will be established by the Government of the College Board.
2 attorney which ceases the representation is obliged to return the documentation that held his and to help the new Attorney the information that is necessary to continue in the effective exercise of the procedural representation of the grantor.
Article 31. Association of attorneys of a same demarcation territorial.
Prosecutors of a same territorial demarcation may be associated, for the exercise of their profession, on such terms and conditions that are convenient, realizing that the College of procurators. The fact of the Association will be made public by means of signs, plaques or letterheads which shall contain the name and surname of the partners.
The form of association must allow for the identification of its members, shall be in writing and sign up, for the purposes of advertising and of the collegiate powers, in the special school where have open office. In such registry shall register their composition and the ups and downs that occur.
Article 32. Conflict of interest.
Associated attorneys may not assume, in any case, the representation of those litigants who have opposing procedural positions or when to warn that there is or there may be a conflict of interest between their members.
Article 33. Collegiate arbitration.
For the best safeguard professional secrecy and the relations of friendship, may submit to collegiate arbitration discrepancies arising between the members of a collective firm because of its operation, separation or settlement.
Chapter IV duties and rights of prosecutors article 34. Tariff.
1. the attorneys in his professional career, will receive the rights specified in the tariff provisions in force, which may be decreased or increased by 10 per 100 when they agree so expressly with their constituents. In the absence of express agreement to the contrary it will be strictly to the provisions of the tariff provisions in force.
2. them together of Government may demand to their collegiate that prove the compliance of it willing in the paragraph previous, even with display of the invoices of supplemented and rights and its reflection accounting.
Article 35. Advertising.
The attorneys may make advertising of their services and offices according to it established in the legislation existing. Prosecutors will always present the spirit of solidarity, partnership and brotherhood that traditionally the colleges of attorneys and avoid disloyalty towards his companions and illicit competition, subject to the legislation on advertising, antitrust and unfair competition, respecting in any case ethical standards.
Article 36. Approval of advertising.
1. in those alleged in that are affected them values and rights constitutional present in the field jurisdictional, the advertising of them attorneys and their offices, is direct or indirect, included concerning this last his participation in clinics legal in media of communication social, must submit is to the authorization administrative prior, regulated in the article 8.1 of the existing law General of advertising.
2. corresponds to the Board of Government of the respective school of solicitors decide on the authorization prior. In any case, means that the authorization has been granted, by silence positive, if a decision of the Board denying or conditioning the requested authorization is not notified within the period of fifteen days. The decision shall be taken by a reasoned ruling, which will be subject to resources regime laid down in the General Statute.
Article 37. Duties of prosecutors.
1 is the duty of the Prosecutor well and faithfully perform procedural representation which is entrusted and cooperate with courts in high public office to administer justice, acting with professionalism, honesty, loyalty, diligence and steadfastness in defence of the interests of their constituents.
2. in their relations with the administrative and jurisdictional bodies, with fellow attorneys, with counsel and with its principal attorney will lead with integrity, loyalty, truthfulness and respect.
3. with the adverse party shall maintain, at all times, considered and correct treatment.
Article 38. Specific duties.
1. are duties specific of them attorneys all those that them impose them laws in order to the proper defense of their mandators and to the correct conduct of them processes and them others that are of them precepts organic and procedural force.
2 in addition, procurators are required: to) bring a knowledge of pending business book and other accounts with litigants. The keeping of these books may be made by electronic means.
(b) pay accounts the customer specifying detailing perceived quantities of this, clarifying the payments made for the benefit of its mandator and specifying thoroughly the various concepts and exact amount.
(c) meet, within designated deadlines, ordinary or extraordinary quotas agreed by the College, the Board of schools of autonomous community, in his case, and the General Council of procurators of the courts, as well as other mandatory charges, including those corresponding to the mutuality of forecast Social of the attorneys of the courts of Spain.
(d) report to the school all act that comes to its knowledge that involves illegal exercise of the profession or to be contrary to the statutes.
(e) inform the College any act that affects the independence, freedom or dignity of a Prosecutor in the exercise of their functions.
(f) maintain book of conversations and correspondence with its mandator and with the lawyer, as well as with the Prosecutor and the counsel of the adverse party, and with this, with prohibition to reveal them or make use, in court or out, without your prior consent.
Article 39. Other duties.
They are also duties of the Attorney General: to) comply with statutory, legal, ethical and agreements of the various corporate bodies.
(b) maintain professional office opened in the judicial district in which their headquarters are the judicial bodies of the territorial demarcation that is enabled for the exercise of the profession.
(c) communicate, at the time of its incorporation into the corresponding school, home and other data enabling easy location. Also any change of domicile and the professional firm must report to the school.
(d) go to the courts and tribunals which exercise the profession, to the halls of notifications or common services and administrative bodies, to hear and sign sites, summonses and notifications of any kind that need to be you.
(e) keep secret on many facts, documents and situations related to its clients would have knowledge by reason of the exercise of their profession. This obligation to keep secret refers, too, to the facts that the Attorney would have known as a member of the Government of the College Board or a Council of schools of autonomous community or the General Council of procurators of the courts. It also reaches the obligation of secrecy to the facts which became known as associate or Assistant Attorney of another partner.
When invoking the obligation of professional secrecy, attorney may avail themselves of the regulatory laws of its exercise to gather the full respect for their rights in accordance with the law.
Article 40. Rights of prosecutors.
Prosecutors have the right: to) to seek the protection of their performance, their independence and their own criteria of performance, corporate bodies provided that conform to provisions in the legal system and, in particular, the ethical and deontological standards. Of course, they may ask corporate charges, stating the reasons for his request, which was put to the attention of the governing bodies of the judiciary, judicial or administrative, the violation or disregard of the rights of the members.
(b) to the compensation fair and adequate of their services professional with arrangement to the tariff, that will be respected in relation to their heirs in case of death. In no case is allowed the fixing of the payment that is incompatible with the rules tariff.
(c) to those accruals that come by them performances of character extrajudicial, all this according to the rules of the mandate.
(d) to honours, preferences and considerations recognised by law to the profession, in particular, to the use of the robe when they attend sessions of the courts and tribunals and judicial solemn events, and to occupy seat podiums at the same height as the members of the Court, tax, Secretaries and lawyers.
(e) to participate, with voice and vote, in the Assembly General of their respective College, to formulate requests and proposed, to access, in conditions of equality, to them charges College, in the form and requirements that established them standards legal and statutory and to them others rights that for them collegiate is contemplated in the ordering legal applicable.
(f) to be replaced, in any procedural action by another attorney practicing in the same territorial demarcation.
Article 41. Entry and registration in Prosecutor's office.
1 in the event that the Dean of a College, or his substitute le bylaws, required pursuant to standard legal or warned by the judicial authority or, where appropriate, administrative jurisdiction for the practice of a record in the professional office of a Prosecutor, must appear in person at the office and attend the proceedings that it practised ensuring the protection of professional secrecy.
2. in any case, the Prosecutor in the former so-called, may request the presence of his Dean.
Chapter V legal aid and the turn of office article 42. Free representation service.
1. the colleges of attorneys will organize a service of free representation, in order to respond to requests of procedural representation arising from the recognition of the right to free legal assistance.
2. each College of procurators shall establish an objective and equitable in the different shifts distribution system and means for the designation of craft professionals. This system will be public to all referees and may be consulted by applicants for legal aid.
3. the General Council or, where appropriate, councils of schools of autonomous community will supervise the creation and operation of the service and shall ensure that the provision of free legal assistance is made effectively and continuously. The guidelines issued this advice on the Organization and functioning of this service will be enforced for schools.
Article 43. The service of free representation organization criteria.
(To the organize them services of representation free to is concerns the article earlier, them schools should guide is, in all case, by them following principles: to) the designation made by the College is of acceptance compulsory for them collegiate. Only in cases exceptional the Board of Government, prior audience and through agreement motivated, can dispense to the appointed and appoint another Attorney.
(b) in accordance with the relevant statutory and regulatory provisions, the associations of attorneys shall ensure the provision of free representation and shall adopt formulas that prevent that legal aid services are devoid of the number of members necessary for their proper functioning.
c) can be attached to the service of free representation who meet the requirements established by the boards of schools of Government and in accordance with the legal provisions.
Article 44. Representation in the course of assistance legal free.
1. the services of representation provided to who are creditors to the right of assistance legal free not will have cost for their beneficiaries, without prejudice of them compensation that could set them different administrations public and corporate.
2. the representation, in the scope of legal aid will go, inexcusably, attached to the defence of trade, in such a way that, in any case you can benefit from this type of representation who make use of lawyer of choice, except as provided for in article 27 of the legal aid Act and provisions of the rules dictated or handed down by the autonomous communities in the exercise of its statutory powers.
3. If the law was not recognized, involved prosecutors shall have the right to receive from their clients rights pertaining to the practiced performances.
Article 45. Of the legal aid.
1. the legal aid ensures the procedural representation of justiciable under the protection of the provisions in article 24 of the Constitution.
2 colleges of procurators shall designate prosecutor, by legal aid, when, whether or not mandatory her intervention, the court order that the party be represented by an attorney. They also made the designation at the request of the person concerned.
3. the designation of trade will result in the accrual of rights, even though the Attorney shall be exempt from the duty to meet the caused expenses to your instance unless your represented had made him sufficient funding.
4. the secondment to the legal aid is mandatory unless the particular statutes of the schools otherwise.
Article 46. Special scheme for the members of the Governing Board.
The components of the boards who so request it, and during his tenure, may be released from the obligation to belong to the free legal aid and legal aid.
Chapter VI of the bonds article 47. Amount.
1. the Prosecutor, before the exercise of his function, will be bail at the disposal of the judicial authority concerned and guarantee of their professional performance. The bond will be paid according to the following scale: to) to act in Madrid and Barcelona, 450 euros.
(b) to act on other populations where there are rooms of the Superior Court, 240 euros).
(c) to act in other populations where there are sections of the Provincial Court, 150 euros).
d) to act in other populations where there are courts of first instance, 120 euros.
2. the plenum of the General Council of procurators of the courts, heard the schools councils of autonomous community and colleges of attorneys, will increase the amounts of bail, provided that the Ministry of Justice thus permitted.
Article 48. Constitution and system of bail.
1. the deposit must be in cash or in accordance with the legal provisions in force.
2. the bond will go to the payment of obligations covering the Procurator in the exercise of their profession, in favour of public entities.
Article 49. The bail reduction.
If bail would be reduced as a result of the payment of the obligations referred to in the previous article, Attorney obligated to complete it within a maximum period of two months and, if it did not, will cause low at school, prior processing file.
Article 50. Publication of the low.
To cease a solicitor, in the exercise of their profession, you will be low in the territorial demarcation where had been exercising and will open a period of six months in which claims may be made.
Article 51. Return of the deposit.
After the period of six months without that claim is made, will return bail to the interested party or his heirs. If, by the contrary, exist any claim and is deemed fair, is returned the amount that corresponds. In all case, previously to the resolution of the claims that is present, is request report of the College of attorneys to which the interested belong.
Chapter VII of the absences, their replacements and withdrawal in the exercise of the profession Article 52. Absences.
1. the Attorney not may leave is of his demarcation territorial by time superior to fifteen days without communicate it to the Dean. In the communication must indicate the Attorney or attorneys that you replaced and leave constancy of the conformity of them substitutes.
2. when the absence was upper to thirty days, will be necessary authorization prior of the Dean, who take place, jointly, the request of the Attorney that aims to leave is and the acceptance of their substitutes.
Granted the authorization to leave is, the Dean it communicated to the authority judicial corresponding.
3. the proceedings for the purposes of replacement shall be governed by the provisions of article 30 of the General Statute.
Article 53. Extension of the authorization.
1. the authorization for leave is is granted for a term maximum of six months, but may extend is by others six months in cases justified.
2. concluded the term by which is granted the authorization for leave is and, in its case, its extension, the Attorney must reintegrate is to the exercise of their activity professional, communicating it immediately to the Dean of the College and this to them authorities judicial.
Article 54. Low.
1. If the incorporation not is produced in time, is means that the Attorney abandons the exercise of the profession and the Board of Government, prior record, will proceed to give you of low in the College of attorneys and it communicated to them authorities judicial.
2. against this agreement may bring the interested resource in the terms provided in this Statute.
3. the Procurator that caused low for this reason, may return, at any time, to school, but must demonstrate that it meets all the requirements requiring at that time to referees of new addition.
Article 55. Disease and death.
If the Attorney enfermare, suddenly, without prior designation of substitute, the Dean of the College, as soon as it becomes aware of the fact, it shall appoint, from among the prosecutors of the same demarcation
territorial, to that or those that temporarily replaced the sick until the grantor resolved as it deems appropriate, and shall notify the designation made to courts and corresponding courts.
In case of death of the Member, the Board of the Government of the school will be the appointment of those who are in charge of the liquidation of his office, at the request of the heirs or subsidiary of Dean.
Article 56. Termination of the representation.
Cessation of the Prosecutor on behalf of his client shall be governed by the procedural and statutory regulations.
Title III of the liability regime of the collegiate chapter I liability criminal and civil article 57. Criminal and civil liability.
1. prosecutors are subject to criminal responsibility for the crimes and misdemeanours committed in the exercise of their profession.
2. them attorneys in its exercise professional, are subject to responsibility civil when by dolo or negligence damage them interests whose representation les has been entrusted, responsibility that will be enforceable according to the legislation ordinary before them courts of Justice, can establish is legally its assurance mandatory.
Article 58. Signs for the sole purpose of representation.
When the Attorney General deems necessary to save its responsibility, in accordance with the terms used by the legal director of a procedure, in the document signed by this, "for the sole purpose of representation" may placed his signature expression.
Chapter II article 59 disciplinary responsibility. Disciplinary powers of the judicial and corporate authority.
1. prosecutors are also subject to disciplinary liability if they infringe the professional duties that are specific to them.
2. the exercise of disciplinary powers that the judicial authority has about prosecutors, shall comply with provisions of the organic law of the Judicial and procedural laws.
3. the disciplinary action of any kind, once firm, shall be entered in the personal file of the College.
Article 60. Disciplinary authority of the schools.
The Governing Board shall exercise the corporate disciplinary authority over members of the College in the following cases: a) violation of the precepts of this General Statute or the content in the particular statutes of schools or the schools councils of autonomous community.
(b) breach of professional duties or rules of professional conduct of conduct, insofar as they affect the profession.
Article 61. Suspension and expulsion agreements.
In any case, agreements of suspension for more than six months or expulsion, must be taken by the Governing Council by secret ballot and approved by two-thirds of it.
Article 62. Faculties disciplinary of the Council General.
1. the disciplinary powers, in relation to the members of the Board of Government of schools and regional councils will be competence of the General Council of procurators of the courts, except when such powers are attributed to the corresponding autonomous community colleges Council.
2. the disciplinary powers, in relation to the members of the General Council of procurators of the courts, will be competition, in any case, of the General Council.
Article 63. Kinds of sanctions disciplinary.
Can impose is the following sanctions disciplinary.
(a) verbal warning.
(b) a warning in writing.
(c) a fine of 150 euros to 1,500 euros.
(d) suspension in the procurement exercise.
(e) expulsion from the College.
Chapter III of the infractions and sanctions article 64. Kinds of violations.
The violations are very serious, serious and mild.
Article 65. Very serious offences.
They are very serious breaches: a) the infringement of the prohibitions and the incompatibilities referred to in statutes.
(b) the advertising of professional services which fails to comply with the requirements arising from implementation and always that the conduct in which consist magazine special gravity.
(c) the conviction of a member of judgment by the Commission, in the exercise of their profession, of a fraudulent crime.
(d) acts, expressions or actions that violate against the dignity or honor of the people who make up the Governing Board of a school or General Councils and autonomous community, when they act in the exercise of their functions, and the companions on the occasion of the professional practice.
(e) the reiteration in serious infringement.
(f) the concealment of the professional intrusion by professionals on a College of attorneys, as well as Collegiate professions outside the procurement carried out by procurators.
(g) cooperation or consent to the principal, who has represented the Attorney, ownership rights corresponding to the Attorney and paid by a third party.
(h) the Commission of acts that constitute offense serious to the dignity of the profession or to the rules deontological that it govern.
(i) the persistent and deliberate breach of the essential in carrying out the procurement ethics rules.
(j) breach of the obligation to have open and effective firm in territorial demarcation where the Attorney is enabled, if it has not attended the prerequisite the effect made by your school.
(k) does not go to the courts or to the common notification services, repeatedly and without just cause.
(l) the non-application of the tariff provisions on accrual of rights in any performance reward, in the terms provided for in article 34.
Article 66. Grave breaches.
They are serious breaches: a) serious breach of statutory regulations or treaties adopted by the collegial bodies in the sphere of its competence, as well as the repeated failure to meet College charges provided for in the statutes, unless such use constitutes infringement of more serious.
(b) the lack of respect, by action or omission, to them components of it Board of Government of a college or of them tips General and of community autonomous.
(c) the acts of recklessness manifest towards them companions, in the exercise of the activity professional.
(d) the competition unfair, when thus has been declared by the organ competent, and the infringement of it willing in the normative applicable on advertising, when not constitute infringement very serious.
((((((e) them acts and omissions described in those paragraphs to), b), c), d) e i) of the article earlier, when not have entity enough to be considered as very serious.
Article 67. Infractions minor.
They are minor offences: a) the lack of respect to the members of the Board of Governors of a school or General Councils and autonomous community, in the exercise of their functions, when it is not very serious or serious violation.
(b) the negligence in the fulfillment of the standards statutory.
(c) the infringements mild of the duties that the profession imposes.
Article 68. Sanctions.
(((((((1. them sanctions that can impose is by offences very serious, will be the following: to) for them of them paragraphs b), c), d), e), f) and g) of the article 65, suspension in the exercise of it seeks by a term upper to six months, without exceed of two years.
(((((((b) for them of those paragraphs to), h), i), j), k) and l) of the article 65, expulsion from the College.
2. by violations serious, can impose is the sanction of suspension of the exercise of the attempts by a term of one to six months.
(3. by infractions minor, may impose is the following sanctions: to) reprimand verbal.
(b) a warning by written.
(c) fine with a maximum of 1,500 euros.
Article 69. Sanctioning procedure.
1. sanctions may be imposed only upon initiation of disciplinary record, which shall be dealt with pursuant to the provisions contained in the regulation regime disciplinary of the civil servants public of the administration of the State, approved by Royal Decree 33/1986, of 10 January, and other related legislation, without prejudice to the specialties contained in this Statute.
2. the record, that the person concerned will have access at all times, will begin with a statement of objections, will be the opportunity to release the College and propose and practice test. You end up with a motion for a resolution which will be transfer to the plaintiff perform the allegations it considers suitable.
Article 70. Precautionary measures.
With competition sanctioning bodies may agree, by a reasoned decision, the suspension injunction, in the professional exercise of the Attorney General front whom sanctioning procedure.
Article 71. Implementation of the sanctions.
1. disciplinary sanctions will be implemented once they are firm. They can be made public when they gain strength.
2. sanctions involving suspension of the exercise of the profession or the expulsion of a school, will have effects in the field of every school of attorneys in Spain, for which purpose shall be communicated to the Council General of procurators of the tribunals, so this move them to the schools councils of autonomous community and other schools they refrain from join the sanctioned insofar as not the sanction disappears.
Article 72. Extinguishment of the liability.
1. the disciplinary responsibility of the collegiate is extinguished by the fulfillment of the sanction, the death of the Member, lack prescription and the prescription of the sanction.
2. the decline in school does not extinguish the disciplinary responsibility incurred during the period of high, but will conclude the disciplinary procedure and the sanction will be suspended, to be enforced if the College cause once again high at a school.
Article 73. Prescription of infringements.
1. very serious infringements barred the three years, the bass at the age of two, and the mild year.
2. the period of limitation will start counting from the infringement has been committed.
3. the limitation period shall be interrupted by notifying the affected Member of the agreement of initiation of information prior to the opening of the disciplinary, resuming the computation of the period of limitation if in three months of not instituting disciplinary or the same man paralyzed for more than six months, for reasons not imputable to the person concerned.
Article 74. Prescription of sanctions.
1. the sanctions imposed for offences very serious will prescribe to them three years; those imposed for serious offences, at age two, and those imposed for minor offences, a year.
2. the limitation period of the penalty for lack of execution, will start counting from the day following that in which it has been firm sanction resolution.
3. the period of limitation of the sanction, when the sanctioned violates compliance, will begin from the date of the breach.
Article 75. Annotation of penalties: forfeiture.
The annotation of the sanctions in the personal file of the College is cancelled, provided that it had not incurred in new disciplinary responsibility, when the following periods have elapsed: six months in the case of a verbal reprimand, warning in writing or fine sanctions; one year in the case of a sanction of suspension not exceeding six months; three years in the case of a sanction of suspension exceeding six months, and five years in the case of a sanction of expulsion.
Article 76. Rehabilitation.
The expiry period shall run from the day following that on which has been accomplished the sanction. The cancellation of the annotation, once met deadlines, shall be ex officio or at the request of the sanctioned.
Title IV of the professional organization of the procurement chapter I of the colleges of prosecutors article 77. Nature and scope territorial.
1. the schools of attorneys are corporations of right public, with personality legal own and full capacity for the compliance of their purposes, whose operation and structure internal have of be democratic.
2. in the provinces where there is a single College of attorneys this shall have jurisdiction throughout the territory of the province and headquarters in its capital.
3. in the provinces that several had colleges of attorneys, each of them will have sole and exclusive jurisdiction in the territory that it had at the time of their creation, irrespective of the number of judicial districts have today or that they believe in the future.
4. them schools, by means of its Council General, will interact with the Administration General of the State through the Ministry of Justice.
Article 78. Modifications of the scope territorial.
1. the modification of the legal boundaries will not affect the territorial scope of the colleges of attorneys, who will have competition in the new judicial districts that may be created within their territory.
2. If one or more parties Court affecting the territory of several colleges are established, the governing bodies of the affected schools agreed modifications of its territory which are necessary, in such a way that the purview of a college understand, always, complete judicial districts. If the affected schools do not reach an agreement, General Council of procurators of the courts, or if the corresponding autonomous community colleges Council, will definitely decide on new territorial boundaries that correspond to the affected schools.
Article 79. Purposes of the associations of attorneys.
They are attorneys schools essential purposes: to) management, within the scope of its competence and in accordance with the laws, of the practice of the profession within its territory.
(b) the exclusive representation of the pursuit and defense of the rights and professional interests of its members.
(c) continuing vocational training of prosecutors.
(d) the control of ethics and the application of the regime disciplinary in guarantee of the society.
(e) active collaboration in the operation, promotion and improvement of the administration of Justice.
Article 80. Legal regime of the colleges of attorneys.
Colleges of attorneys are governed by legal provisions State or autonomic affecting them, by this General Statute, by the status of the corresponding Council of schools of the autonomous region, where appropriate, by specific statutes and regulations of regime inside and by the agreements approved by the various corporate bodies in the field of their respective competencies.
Article 81. Functions of the colleges of attorneys.
The functions of the attorneys associations, in their territory are: to) exercise the representation that establish laws for the fulfilment of its purposes and, especially, the representation and defense of the profession before any public administrations, institutions, courts, entities and individuals.
(b) inform, in their respective fields of competence, those projects or legislative initiatives affecting procurement, when it required them.
(c) cooperate with the judiciary and other public authorities carrying out studies, reports, statistical work and other activities related to its purposes.
(d) organize and manage the turn of office and legal aid services.
(e) participate in matters inherent to the profession in the advisory bodies of the Administration, as well as in inter-professional organisms, in accordance with the cases provided for in the applicable legislation.
(f) ensure the representation of the attempts in the social councils, in the terms established in the rules governing them.
(g) organize training courses and professional improvement and keep and propose to the General Council, or Council of schools of autonomous community in its case, approval of legal practice schools and other means to facilitate the start of the professional activity.
(h) order the professional activity of referees, ensuring training, ethics and the professional dignity and respect for the rights of individuals; exercise disciplinary authority in the collegiate and professional order and draw up their own constitutions, rules of development of the ethics and rules of operation, without prejudice to its visa and final approval by the General Council of procurators of the courts.
(i) organize and promote activities and common services of interest to referees, professional, educational, cultural, healthcare, character of forecast and other analogues, including mandatory assurance of professional liability, when is legally established.
(j) ensure the harmony and collaboration between them collegiate, preventing the competition unfair among them.
Grant amparo, previous deliberation of the Board of Government, to the College that it requested.
(k) adopt the measures conducive to prevent and pursue the intrusion professional.
(l) intervene, prior request, in way of conciliation or arbitration in matters that, by reasons professional, is arise between them collegiate, or between these and their customers.
(m) resolve them discrepancies that can arise in relation to the performance professional of them collegiate and the perception of their rights, through award to which previously is subject of mode express them parts.
(n) comply and enforce, by referees, the legal and statutory provisions affecting the profession, as well as enforcement of the rules and decisions taken by collegial bodies in matters within its competence.
(n) the Organization of the services and functions that les entrusted them laws, the law of prosecution Civil and others rules procedural.
(or) few other functions result in benefit of them interests of the profession, of them collegiate and others purposes of it seeks or that come arranged by the legislation State or autonomic.
(p) by means of the Assembly General, corresponds the delimitation of the demarcation territorial for the exercise professional.
Article 82. Delegations of the College of procurators.
The schools may establish delegations in those demarcations territorial in that is suitable for the best compliance of their purposes and greater efficiency of them functions College. Delegations will have the collegiate representation in the field in the district, with faculties and powers which the Board of Governors of the College qualification at the time of its creation or in subsequent agreements.
Article 83. Honorary and ceremonial forecasts.
1. the colleges of attorneys will have its traditional and, in any case, the illustrious and their Deans treatment Honorable Lord's. However, them Deans of them schools in whose headquarters lie rooms of the Court top of Justice and them Presidents of tips of schools of community autonomous that not have another treatment by their condition of Dean, will have the of his Excellency Mr. Both such treatments, as the denomination honor of Dean, is shall be entrusted with character for life.
2. the Deans of colleges whose headquarters is located in provincial capital shall be regarded as Honorary President of the Chamber of the respective court or hearing. The Deans of other schools will be considered honorable magistrate or judge of the Court of first instance and instruction of the locality in which the College is constituted.
3. them Deans of them colleges of attorneys and them members of them tips of schools of community autonomous and of the Council General of attorneys of them courts take vuelillos in their togas, as well as the medals and plates corresponding to their charges, in audience public and acts solemn to which attend in exercise of them same. In such occasions them others members of the Board of Government of them colleges of attorneys take on the toga them attributes own of their charges.
4. the President of the General Council of procurators of the courts will be Honorary President of the Chamber of the Supreme Court considered.
Article 84. Organs of Government.
Each College of procurators will be governed by the Dean, the Governing Board and the General meeting, without prejudice to those other organs that may be in accordance with regional laws or bylaws approved by each school.
Chapter II of the Board of Governors article 85. Composition of the Governing Board.
1. the Governing Board is the organ of administration and management of the school.
2 the Governing Board of each school will be a collegiate body and shall consist, at least, by the following members: to) Un directors.
(b) an Assistant Dean).
(c) a Secretary.
d) a Deputy Secretary.
(e) a Treasurer.
(f) the vowels determined the statutes of each school.
3. the positions of the members of the Governing Board are honorary and free and duration of four years. Exhausted the period of mandate, they may be reelected for the same or a different post.
4. the statutes of each school will develop the standards of composition and functioning of its boards.
Article 86. Conditions to become a candidate.
To be a candidate for any of the offices of the Governing Board, will be required be practising and take five years at the College, except for the Dean, who should carry ten, in both cases without interruption.
Article 87. Elections.
1. candidates for Dean and the other charges of the Board of Governors shall be elected, from among referees, at the shareholders ordinary or extraordinary, as appropriate, in the terms that determine the statutes of each school and, in any case, in a direct and secret ballot in which may participate, as electors, all referees, and as eligible (, those members practicing in the school concerned, which would fulfil the requirements of the preceding article and are not in any of the following situations: to) be convicted by final judgment, carrying with the debarment or suspension for public office, insofar as these exist.
(b) have been disciplinary punished, in any school attorneys, while they have not been rehabilitated.
2. no Member may be submitted, as a candidate for more than one charge which shall be elected in the same call.
3. to fill the offices of Secretary and Treasurer, will need to be attached to the territorial demarcation on which is located the seat of the College.
4. be announced elected for each position, to the candidates who obtained the most. In case of tie, in more exercise time means chosen in the own school and, if kept the tie, that of greater age.
5. resources that will stand, in the electoral process or its outcome, before the Government Board of the College, the Board of schools of autonomous community in its case, or to the General Council of procurators of the courts, not suspended the vote, proclamation and takeover of the elected, unless so agreed in exceptional grounds , by resolution expressly and motivated.
6. the electoral procedure shall be established by the statutes of each school pursuant to this General Statute, and additionally in the organic law 5/1985, of June 19, General Electoral regime, where applicable.
7 when a voter expected absent the day of the vote, or not to appear in person, may exercise their right by mail, according to the following requirements: to) with a minimum advance of ten days, shall vote on the official ballot, which will be introduced in an envelope, which will be closed and, in turn, introduced in another major, which will also include a photocopy of the national identity card of the voter who will sign on it.
(b) the vote will be in any of the records and offices provided for in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and must record the date of the presentation. Shipping will be at the College of procurators, along with signs stating: "For the ELECTORAL table". He College recorded the entry of these shipments and without open the on is delivered to the table electoral the day of the vote.
The votes submitted outside the deadline would not be valid.
Article 88. Takes possession.
The candidates declared elected shall take possession, pursuant to the statutes of each College, previous oath or promise loyally fulfill the respective position and secrecy of the deliberations of the Governing Board. When the elected candidates take office, will stop the replaced.
Article 89. Communication to the General Council.
In within five days from the establishment of the organs of Government, it shall communicate this to the General Council of procurators of the courts and the Council of schools of the autonomous community corresponding, in your case, with indication of its composition and the fulfilment of legal requirements.
Article 90. Powers of the Governing Board to prevent the takeover.
Governing Board, gathered and heard the affected, will deliberate without the presence of this and, where applicable, will prevent the takeover or will Decree the cessation of those elected candidates who has knowledge that they may be in any of the situations expressed in article 87 of this General Statute. The resolution adopted, may be appealed pursuant to the provisions of this Statute.
Article 91. The charge termination.
The members of the Board of Government of colleges of prosecutors shall be terminated for the following reasons: to) death.
(b) surrender of the person concerned.
(c) initial absence or sudden loss of the statutory requirements to carry out the charge.
(d) the expiry of the period for which they were elected or appointed.
(e) lack of undue assistance to three consecutive meetings of the Board of Governors or five alternate, in the term of one year, prior agreement of the Board.
f) if approval of a motion of censure.
(g) if not accepted the question of trust that arises.
Article 92. Outstanding vacancies in the Board of Governors.
When death, resignation or any other cause that is not the expiry of the term for which elected, any vacancies on the Governing Council, which does not exceed the 25 per 100 of the total of its members, their jobs will be covered by the rest of the components of the Board, in the established order in the article 85 of this General Statute , without prejudice to hold elections to fill vacancies, if as expected the statutes of the school or decide the members that remain.
Article 93. Provisional Board.
When, for whatever reason, remain vacant more than half of the charges of the Governing Board, councils of schools of autonomous community or, failing that, the General Council of procurators of the courts, will appoint an interim Board, between practicing referees with more seniority, which call elections within thirty days of its Constitution. This interim Board will cease when the candidates that are elected to take possession, and may only take agreements that are urgent and urgent nature article 94. Obligations of the collegiate and the members of the Governing Board.
1 is the duty of all referees immediately inform the General Council of procurators of the courts and, where appropriate, the Council of schools of autonomous region, which has been the situation referred to in the preceding article.
2. the acceptance of the designated to integrate the Governing Board will be unavoidable and indispensable.
Article 95. Announcement of the Board.
1. the Governing Board shall meet, at least, once a month, upon call of Dean, made necessary in advance so that it is held by its components 48 hours before the date fixed for the meeting, unless reasons of urgency justify the call with less advance.
2. in the call will be expressed the place, day and hour, in that session, and the order of the day should be held.
3. the sessions of the Governing Council to attend all of their members, although they have not been invited in the form will be valid.
4. If by the Dean not Governing Board be convened in accordance with stipulations in the previous issues, this may be convened on the initiative of half of the members that compose it, with establishment of the order of the day and topics to be treated.
Article 96. Quorum and adoption of agreements.
1. the Governing Board shall be quorate if you attend the meeting more than half of its components, including the Dean or his substitute bylaws you.
2. agreements shall be adopted by majority vote.
In case of tie, the vote of who acts as Dean will decide.
Article 97. Faculties of the various positions.
1 it shall be for the Dean the legal representation of the Association in all relations, including which keep with the public authorities, institutions, corporations and personalities of any order; the functions of Council, surveillance and correction that the statutes book to its authority; the Presidency of all those organs College, as well as the of few commissions and committees special to which assist; direct discussions and votes of those organs, commissions and committees, with quality in the event of a tie vote; the expedition of orders for payment and beltways to meet expenses and College investments and the proposal of prosecutors required to form part of courts in competitions or contests.
2. the Dean replaced to the Dean in all their functions, in the cases of absence, illness or death. Also, will play few missions can be you mandated by the statutes of the school.
3 corresponds to the Secretary take the headquarters administrative staff and the premises of the school, conducting and guarding his books, extending the proceedings and certifications and the other powers that are conferring him the College statutes.
4 the Treasurer, shall control all documents of economic character whose use is mandatory for referees, managing funds and other resources of the College.
5. the vowels and other members of the Governing Board, in addition to his performance as such, will play the functions assigned to them in the statutes of their school or by the Board.
Article 98. Responsibilities of the Governing Board.
They are powers of the Governing Board: to) submit to the annual General meeting specific issues of interest of the school or of the profession, in the way that their own Board set.
(b) resolve on requests for incorporation, low and retirement of referees. In case of emergency, Dean may resolve on the application, it shall be subject to ratification by the Board of Governors.
(c) to monitor, with greater zeal, referees lead adequately in its relationship with the courts, with fellow attorneys and with its clients, ensuring that in the performance of its function, deploy the required diligence and professional competence.
(d) exercise them actions and actions appropriate to prevent and pursue the intrusion, not allowing the exercise of the profession to who, collegiate or not, it found in form and low conditions contrary to them legally established, without exclude to them people, natural or legal, that facilitate the exercise professional irregular.
(e) apply the conditions and requirements of access, performance, and the designation of the shifts of nursing and legal aid, pursuant to the current legal regulations.
(f) to propose to the General meeting the amount of quotas of incorporation, with the limit determined by the General Council of procurators of the courts, and the ordinary that should satisfy referees to sustain the loads and College services coming.
(g) propose to the General meeting the establishment of extraordinary contributions to their schools.
(h) raise the amount of quotas and policies established for the support of loads of school, the schools Council of autonomous community, where appropriate, of the General Council of procurators of the courts and the mutual forecasting Social of the attorneys of the courts of Spain, as well as other economic resources of the schools provided for in the General Statute , and arrange the collection of the quantities corresponding to the College by any concept, the levying of fines imposed to referees and other income and the payment of the expenses of the Corporation.
(i) hold elections to provide the Board of government charges, providing enough to its choice, in accordance with the legal and statutory.
j) convene meetings General, ordinary and extraordinary, on its own initiative or at the request of the referees, in the way established in articles 99, 100 and 103 of the General Statute.
(k) exercise disciplinary powers, regarding referees, in accordance with this General Statute, statutes of the respective boards of schools of autonomous community and individuals in schools, instructing, the effect, the appropriate record.
(l) write or modify the statutes and regulations of internal of the school system, and submit them for the approval of the General meeting, before sending them to the General Council of procurators of the courts for final approval.
(m) establish, create or approve delegations or commissions of collegiate which are necessary for the good regime or that interest for the purposes of the Corporation, regulating its operation, fixing schools, where appropriate, delegated and appointing, among its members, to its members.
(n) to monitor so that, in practice, referees do their jobs with decorum, diligence, integrity and other circumstances required the Attorney, as well as fostering harmony and cooperation among referees, preventing unfair competition, in accordance with current legislation.
(n) inform referees, promptly, many issues know that they may affect them, be they corporate, collegiate, professional or cultural nature.
(o) defend referees in the performance of their duties by the profession, or on the occasion of the my most, when it deems it appropriate and right, ensuring that are saved, to each and every one of the collegiate, the considerations that are due to you.
p) promote, with the Central Government, autonomous, local governments and the organs of the Administration to court, the authorities, the schools Council of autonomous community or the Council General of procurators of the courts, when deemed beneficial for the common interest and the straight and speedy administration of Justice or convenient to the Corporation.
(q) exercise the rights and actions that correspond to the College and, in particular, against those who obstruct the proper functioning of the administration of Justice or freedom and independence of the profession.
(r) distribute and manage the funds of the College, providing it to their interests, with respect to the situation or investment thereof, on a proposal from the Treasurer and realizing what was agreed at the AGM.
To acquire, dispose of or encumber real property, require the approval of the General meeting.
(s) convening, for more information, to any of the schools. These appear to the call unless justified excuse.
(t) draft the bases that have to govern competitions that call to cover the squares of employees of the school, and proceed with the hiring of the same, either on the occasion of vacancy or squares of new creation, depending on the needs of the Corporation.
(u) to monitor, schedule and control the activity of departments and College services.
(v) meet, as appropriate, claims that this is done with respect to any of their collegiate school.
w) keep the authorities, corporations and Government entities, communication and relations which corresponds to each school and, in particular: 1 issue reports, opinions, consultations and other documents that are interested in the school.
2. organise the service of notifications referred to in article 272 of the organic law of the Judicial power, as well as any other service that, by law, could be attributed to the College.
3rd functions which attribute to schools of free legal assistance law.
4th do designations belonging to school members of committees or bodies covered by the Act.
(x) run the resolutions adopted by the General meeting.
and) and few other established laws, the present General regulations or the individuals of each school and the schools councils of autonomous community, as well as the corresponding regulations.
Chapter III of the General Board article 99. General meeting: classes, assistance.
1. the General Assembly is the supreme governing body of the College. The General meeting may be ordinary or extraordinary.
2 they have the right to attend, with voice and vote, the ordinary and extraordinary general meetings all collegiate incorporated before the date in which the General meeting be convened.
Article 100. Ordinary General meeting: agenda.
1 there annually, two ordinary general meetings, which must be called with at least thirty days in advance.
to) the first annual General meeting will be held in the first quarter of each year, and in his agenda will consist, necessarily, review and vote of balance or general account of expenditures and revenues of the previous year, as well as many issues considered interest governing board.
(b) the second annual General meeting will take place the last quarter of each year and, in his agenda will consist, necessarily, the presentation of the budget of income and expenditure for the following year, as well as many issues considered interest governing board.
2. the particular statutes from each school will develop rules of Convocation and holding of its meetings.
Article 101. Selection of referees.
Until five days before the Board, referees may submit proposals which wish to submit for deliberation and agreement of the General meeting, and that will be included in the agenda to be dealt with in the section called propositions. These must be subscribed by the number of members to be determined by the Statute of each school, with a minimum of 10 per 100 of its census.
Article 102. Quorum and adoption of agreements.
1 the meeting in first call not be started if the 50 is not present per 100 of the collegiate. In second convocation Board held that fulfilled, any that is his number.
2. agreements shall be adopted by the simple majority of attendees, unless for some timely issue requiring qualified majority.
3. once adopted, the agreements of the General meetings shall be mandatory for all referees, without prejudice to resources scheme in this General Statute and the regulatory standards of the administrative procedure. The statutes of the schools shall determine how to resolve the votes tie occurs.
Article 103. Extraordinary general meetings.
1. the Board General extraordinary is held in any time, to treat of affairs that it motivate, to initiative of the Dean, of the Board of Government or to instance of a third of them collegiate.
2. the call of them together General extraordinary is will make by agreement of the Board of Government, and is communicated to all them collegiate through a written in which will consist the place, day and hour in that there will be of celebrate is the session in first and in second call, and the order of the day.
Article 104. Vote of no confidence.
1. the vote of censorship to the Board of Government or to any of its members, shall substantiate is always in Board General extraordinary, convened to that only effect.
2. the application of that call of Board General extraordinary must be subscribed, as minimum, by a third of them collegiate practicing, and expressed, with clarity, the reasons in that is melts.
3. the extraordinary General meeting referred to in this article, shall be held within thirty days working, counted since the application had been submitted, and not other issues than those expressed in the call for proposals may discuss in the same.
Until after a year you can not return to consider another motion of censure.
4. the valid Constitution of the extraordinary General meeting will require the personal attendance of more than half of the collegiate census voting, and voting will be always, in this meeting, personal, direct and secret.
5 it prosper the motion of censure will require the vote of two-thirds of the attendants.
Chapter IV of the collegiate economic arrangements article 105. Exercise economic, budget and accounts review.
1. the financial year of the schools and the advice of attorneys will coincide with the calendar year.
2. the colleges of attorneys will have a budget annual to which must adjust is and take an accounting ranked and detailed of their income and expenses.
3. all referees may examine the accounts of the College, during the five working days prior to the date of the General meeting shall resolve on them.
Article 106. Ordinary and extraordinary income.
1 are revenue-producing activities of the associations of Attorneys: to) yields of any nature that produce the activities, goods or rights that integrate the heritage of the College, as well as the returns of the funds deposited in their accounts.
(b) incorporation into school fees.
(c) the rights set by the Governing Board of each school, by issuance of certificates.
(d) the rights set by the Governing Board of each school by issuing opinions, resolutions, reports, or queries which evacuate that on any subject, including those concerning rights, judicial or extrajudicial demand, as well as other college services.
(e) the amount of the regular, fixed or variable fees, as well as the collegiate Association established by the Board of Governors and extraordinary quotas approved by the General meeting.
(f) any other concept that legally appropriate.
2 are extraordinary income of the colleges of Attorneys: to) subsidies or grants to be awarded to the school by the State or official corporations, entities or individuals.
(b) the property and rights of any kind that, by inheritance, legacy or another title, to become part of the heritage of the College.
(c) the quantities which, for any reason, perceive corresponds to the College in accordance with the legislation in force.
Article 107. Administration of the estate.
1. the heritage of the College will be managed by the Board of Governors, faculty who shall exercise through the Treasurer and with the technical cooperation required.
2. payments shall be ordered by the Dean. The Treasurer will take care of its execution and that are properly accounted for.
Chapter V of the Councils of schools of the communities autonomous article 108. Schools councils of autonomous community.
1. the colleges of attorneys may constitute, in terms authorize the autonomous legislation, the Council of community colleges, whose powers, composition, organisation and legal regime may define the appropriate statute, drawn up in the form and by the procedure established by law and that, in any case, you can be in contradiction with the General Statute.
2 schools of autonomous community councils remain with the Council General of prosecutors of the tribunals, the relations of coordination and collaboration in order to the purposes for which they have entrusted, by submitting to the same issues that affect the general interest of all Spanish prosecutors.
Article 109. Appeal to the General Council.
1 the schools councils of autonomous agreements may bring in appeal the Council General of prosecutors of the courts, when so provided in their statutes.
2 schools of autonomous community councils may raise queries to the General Council of procurators of the courts on those issues deemed appropriate, in accordance with the provisions of its statutes.
Chapter VI of the General Council of the prosecutors of the courts Article 110. Nature and bodies that compose it.
1. the General Council of procurators of the courts is the top corporate body of the latter, effects representative, advisory, coordination and management, at national and international levels.
It is also the only corporate body disciplinary State, pursuant to provisions of the law 2/1974, 13 February and later, as well as applicable regional legislation. It has, for all purposes, the status of Corporation under public law, with legal personality and full capacity for the fulfilment of its purposes.
2. your home will lie in Madrid, without prejudice to meetings and activities in anywhere else in the country, when it is so agreed.
3 bodies of the General Council of procurators of the courts are plenary, the Standing Committee, the Executive Committee and the President, all of which are elective nature, be governed in terms of choice and system operation by the internal regime regulations approved by the General Council.
Article 111. Powers of the General Council.
The functions of the General Council of procurators of the courts are: a) the assigned to schools by article 5 of the law 2/1974, on 13 February, professional associations, as have national impact or scope.
(b) the professional representation of the prosecutors of the tribunals, and the functions of spokesperson for the whole of the colleges of attorneys at the national and international levels, including that of similar institutions in other Nations.
(c) order the practice of solicitors and participate in systems of access to the profession pursuant to provisions of legally.
(d) to ensure the reputation of the profession and require attorneys associations and their members the fulfillment of their duties.
(e) draw up the Statute General of the attorneys of the courts of Spain, as a basic statutory rule, to submit them for the approval of the Council of Ministers through the Ministry of Justice, as well as approve deems appropriate in many internal regime regulations and punish the particular statutes approved by each school and its reforms, as well as the boards of schools of autonomous communities , except that the autonomous legislation otherwise.
(f) resolve the doubts that can produce is in the application of the standards statutory and regulatory.
(g) create, regulate and grant awards to reward the merits made to serve the procurement, or exercise.
(h) resolve appeals against the agreements of the governing bodies of schools of procurators and the schools councils of the autonomous communities, except that an autonomous law otherwise.
(i) exercise them functions disciplinary with respect to them members of them together of Government of them schools and of them tips of schools of community autonomous, except when such powers are attributed to the Council of schools of community autonomous, and in all case concerning them members of the own Council General of procurators of them courts.
(j) form and keep updated the Census of those attorneys, as well as the file and the record of sanctions that affect to those.
(k) appoint representatives of the procurement for its participation in the councils and advisory bodies of the Administration, national and international.
(l) report, in the cases referred to legally, all State draft amendment of the legislation on professional associations.
(m) to issue the reports that are requested by the Administration, attorneys and corporations official colleges with respect to matters related to its purposes, or who agree to formulate own-initiative; propose legislative reforms it deems appropriate, and intervene in all matters affecting the Spanish attempts.
(n) establish the necessary coordination between the schools councils of autonomous community, as well as between different schools, and settling disputes that may arise between them, with respect to their respective autonomy.
(n) appoint interim meetings as provided for in article 93.
(o) take necessary measures to ensure that schools comply judgments of the own Council General of prosecutors of the courts, in their competition.
(p) organize, with character national, institutions and services of assistance and forecast for the attorneys, collaborating with the Administration for the application of these.
(q) the rights and demand the fulfillment of the duties of the colleges of attorneys, as well as those of its members, when required by the respective school or come determined by laws, and protect the lawful freedom of action of prosecutors, and may, for this purpose, promote the actions and resources that come with the authorities and competent jurisdictions , even before the Court Supreme of Justice, the Court constitutional, the courts European e international, without prejudice of the legitimation that corresponds to each one of them different schools of attorneys and/or to these personally.
r) prevent, by all legal means, the intrusiveness and hiding in the professional exercise, for whose persecution, denounces and, where appropriate, sanction, is the Council General of attorneys of the courts wide and especially entitled, without prejudice to the initiative and competence of each school.
(s) prevent and pursue illegal and unfair competition and ensure the full realization of the provisions governing the incompatibilities in the procurement exercise.
(t) coordinate, on a national basis, enforceable quotas by incorporation of the various schools, and may set maximum limits for them.
(u) develop and approve its own budget and the settlement of the account, as well as set the necessary schools equitable contribution to the costs of the Council.
(v) in general, in the economic sphere, and without any exclusion, make, with respect to the heritage of the General Council of procurators of the courts, all sorts of acts of disposal and assessment and, in particular: 1 manage property.
2. pay and collect amounts.
3rd make effective beltways, give or accept goods or for payment.
4th grant transactions, commitments, and resignations.
5 buy, sell and swap, pure or conditionally, with price confessed or postponed or paid in cash, all kinds of goods, furniture and property, rights, real and personal.
6 dissolve property and condominium communities, declare new works, improvements and excess capacity.
7th constitute, accept, divide, alienate, encumber, redeem and extinguish usufruct, easements, options and registrable leases and other real rights, exercising all the powers derived from the same.
8th constitute mortgages.
9th take part in competitions and auctions, make proposals and accept awards.
10 OK, always for the benefit of inventory, and repudiate inheritances, do approve or challenge partition of inheritances, and give and receive legacies.
11 contract, modify, terminate and liquidate insurance of any kind.
12 operate in official boxes, savings and banks, including Spain and its branches, making everything legislation and banking practices permit; follow, open and cancel accounts and passbooks, checking and safety deposit boxes and credit accounts.
13 fight, accept, endorse, collect, intervene and negotiate bills of Exchange and other effects.
14 buy, sell, Exchange and pledge securities and collect interests, dividends and amortization, arrange credit policies, whether personal or with pigno ration of values, with banks and establishments of credit, even the Bank of Spain and its branches, by signing the relevant documents.
15 modify, transfer, cancel, withdraw and be cash deposits or provisional or definitive values.
(w) in the field of legal proceedings: 1st Instar notarized certificates of all kinds; accept and reply notifications and notary requirements.
2nd appear before centers and agencies of the State, province and municipality, judges, courts, prosecutors, delegations, committees, boards, juries and commissions and, in them, encourage, continue and finish as an actor, sued, or in any other concept, all kinds of records, judgements and proceedings in civil, administrative, Government, labor, of all grades, jurisdictions and instances, raising petitions and actions and exceptions in any proceedings procedures and resources, even of Cassation or by the Constitutional Court or the courts of European and international; provide, when required, the personal ratification; empowered with abilities that detail and revoke powers and substitutions.
3rd brought all kinds of resources before any public administration.
4th delegate some or all of the faculties exposed in the Chairman or one or more directors, in jointly or separately, and give them the consequent powers.
5 OK, play and give mandates and powers of attorneys of schools.
(x) carry out the functions which he credited the Act 1/1996, legal aid, in particular those provided for in articles 22, 25 and 39 of the Act, and regulations regulate common services of notifications to organized schools of attorneys, as well as any other competition which is attributed to him by law.
and) and, finally, how many functions and prerogatives are set out in the provisions in force and all those who, not expressly stated, be concomitant or consequence of the above and have room in the spirit that report them.
Article 112. Economic resources of the General Council.
To serve the aims of the Council and its general costs, will feature the following income: a) the quotas agreed to establish in every moment for the colleges of attorneys.
(b) with the amount of the certificates that are issued.
(c) with the amount of fines by sanctions that could fall on schools or members.
(d) by any extraordinary income which, because of special circumstances, it decided the General Council.
(e) interest, rentals and inns that they produce goods and their property rights.
(f) by grants, donations and bequests which granted it any public administration, public bodies, private or private entities.
(g) by amounts that will pay attorneys because of the writings which appear, as well as acts of communication, in the form, circumstances and claims that they agreed upon by the General Council.
Article 113. Composition and performance.
1 the full of the Council General of the prosecutors of the Tribunals will be composed by: a) the President of the General Council.
(b) the Deans of all schools of attorneys).
(c) the Chairman of the mutual welfare of attorneys of the courts of Spain, provided that it is practicing attorney.
d) a Secretary and a Treasurer, elected.
(e) a Vice President, a Deputy Secretary and Deputy Treasurer, of elected.
2 the plenary shall exercise the functions and powers assigned to the General Council this Statute and to which assign you the internal regime regulations.
3. the Standing Committee will consist of the President, Vice-President, Secretary, Treasurer, Deputy Secretary, the Deputy Treasurer and the Presidents of colleges tips autonomous community. In those autonomous communities that lack schools Council, the Deans of the respective schools will choose among them who shall be a member of the Standing Committee. In the autonomous communities that have a single College of procurators, the Dean of this will be member of the Standing Committee.
4 corresponds to the Permanent Commission to exercise those functions and powers delegated by the plenary.
In urgent cases, the Standing Committee will take the powers of the House, informing the House of the measures taken.
5. the Executive Committee shall consist of the President, Vice-President, Secretary, Treasurer, Deputy Secretary and the Deputy Treasurer.
6 correspond to the Executive Committee, as well as the implementation of the agreements of the plenary and of the Standing Committee, those skills that they assigned to it and, in general, to resolve all matters of procedure not requiring, because of its importance, the meeting of the plenary or the Standing Committee, in cases of special urgency, for not admitting delay , not to convene the Standing Committee assume the powers of the plenary and of this, adopting the measures which it deems appropriate, informing the Standing Committee immediately called for that purpose.
7. the President is the head of the profession, corresponding competences laid down in the provisions in force, in this General Statute and in the rules of functioning of the General Council. It shall be entitled to the honours and preeminencias that, as such, they apply and that saved him in all areas.
Chapter VII of the legal regime of the agreements and their challenge article 114. Implementation of agreements.
1. all the agreements of the organs College, will be immediately Executive, unless the own agreement set another thing.
2. any acts of them colleges of attorneys, of their tips of schools of community autonomous or of the Council General that are consequence of the exercise of powers administrative is governed, with character supplementary, by the legislation administrative common, as has the available transient first of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common.
Article 115. Nullity and annulment of acts.
1. the causes of nullity and of voidability of them acts College will be the planned in them standards administrative force.
2. the Board of Government must, in all case, suspend and review of trade or formulate resource against those acts null of full right.
Article 116. Administrative resources.
1. persons with legitimate interest may formulate appeal the Council General of prosecutors of the courts, against the agreements of the Board of Government and the General meeting of any College of procurators, within the time limit of one month from its publication or, where appropriate, notifying the members or people who affect, except that the autonomous legislation otherwise.
2. the appeal will be presented to the Governing Board which was responsible for the agreement, which must raise it, with his background and the report that appropriate, to the General Council within fifteen days following the date of filing, unless appointed replacing their own agreement within that period. The General Council, previous reports that it deems appropriate, shall be given express resolution within three months of its filing, meaning that if it is denied. The appellant may request suspension resorted agreement and the Permanent Commission of the General Council may agree on it or deny it accordingly.
3 the schools councils of autonomous agreements only adversely affected the General Council so it have their own statutes, in which case the same procedure expressed in the preceding paragraphs of this article shall apply.
Article 117. Specialties in the field of administrative resources.
In terms of administrative resources, the following specialities will be observed: 1. the boards of Government's schools of prosecutors will be entitled to appeal against the agreements of the General meetings thereof, in the form and time limits to be determined by the administrative law.
2. If the Governing Board understood that resorted agreement is null void or seriously detrimental to the interests of the Association, may apply for the suspension of the agreement appealed and the Permanent Commission of the General Council may agree on it or deny it accordingly.
Article 118. Jurisdictional review.
Acts emanating general meetings and the meetings of Government colleges, the General Council of procurators of the courts and the schools councils of autonomous community, as are subject to administrative law, once exhausted corporate resources, shall be directly appealable to the Supreme jurisdiction.
Article 119. Computation of time limits and applicable legislation.
1 this General Statute periods expressed in days, shall be referred to working days, unless otherwise expressly indicated.
2. the law of legal regime of public administrations and common administrative procedure, applies to many resolutions involve exercise of administrative powers, as established in the first transitional provision of this. In any case, this law will have supplementary character for matters not provided for in this General Statute.
Chapter VIII of the mutuality of the attorneys of the courts of Spain, Mutualidad de previsión Social premium fixed article 120. Of mutuality of prosecutors.
The mutuality of the attorneys of the courts of Spain, Mutualidad de previsión Social premium fixed, constitutes a Social welfare institution, has the nature of forecast Social professional, non-profit, private entity based on the principles of solidarity, equity and adequacy, exerting an insurance voluntary form, an alternative to the system of Social security or compulsory , where appropriate, complementary, through contributions to premium fixed for their mutual benefit, natural or legal persons, or donations of other entities or protective members.
Mutuality will be governed by their own statutes, agreements adopted by their governing bodies and insurance legislation.
Through the mutuality, inherent to the same professional solidarity systems will develop since its founding, which shall be carried out by means of the Social Fund, established under cover of the provisions in paragraph 2 of article 64 of the law 30/1995, 8 November, management and Supervision of private insurances, being creditors of them both mutual prosecutors and non-members.
In order that these social benefits can materialize an equitable and supportive way, any attorney practicing, mutualist or not, shall be required to participate proportionally, depending on the procedures that people, in the revenues needed for this purpose, in the manner regulated in article 5 of the regulation of the Social Fund, approved by the extraordinary General Assembly of representatives , at its meeting of December 21, 1996.
Available to transient only. Transitional statutory arrangement.
The attorneys associations and councils of schools of autonomous community, without prejudice to what was established by the autonomous legislation, apply this General Statute since its entry into force and must adapt their relevant statutes on within a year since this occurs. The particular statutes will retain its validity in everything that does not contravene provisions of the General regulations.