Law 17/1999, of 18 May, of Staff Regulations of the Armed Forces, establishes in article 151.1 of Title XII "Rights and Duties of the Professional Military", which in the field of the Command or Chief of Staff of each The Army and the Directorate General of Personnel of the Defense Secretariat will have a staff advisory board to analyze and evaluate the proposals or suggestions made by the military personnel regarding the personnel and the status of military.

This is an avenue that facilitates a new channel for the presentation of proposals or suggestions in which the military will participate in all categories, preserving its independence of criteria and freedom of expression, be integrated into a non-embedded organ in the hierarchical structure.

To achieve maximum effectiveness in its advisory role, the Councils must be aware of the problems affecting the whole of their respective Army and act with complete independence. Therefore, it has been a very reflexively measure of the procedure of election of the President and the vowels and their joint composition, setting up some Councils that reflect the reality of each Army.

The procedure of choice will be the draw among those who do not expressly renounce to be members of the Personal Advisory Councils. This procedure maintains the principle of neutrality and impartiality and does not undermine the basic principles of hierarchy, discipline and essential unity in the Armed Forces as a guarantee of their effectiveness in the fulfillment of their mission.

The drawing procedure excludes elitist criteria and is consistent with the very foundation of participation, as stated by the legislator itself in the text of our regulatory legal order of the participatory fact. in the field of the administration of justice. On the other hand, in the military field itself is also the drawing of the procedure used for the participation of the members of the Armed Forces in the organs responsible for administering justice in the strictly military field, through the performance of the function of Vocal of the Military Courts.

The content of the standard is complete with the rules that have been considered essential for the Advisory Councils to be able to begin their journey and operation from the first day they are constituted.

Finally, the basic rules regarding the convening, attendance and functioning of the Joint Meeting of the Personal Advisory Councils provided for in the Law are also included to deal with matters of general application. to the personnel of the Armed Forces.

By virtue of Articles 4.1 and 151.3 of Law 17/1999 of 18 May, on the proposal of the Minister of Defence, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on March 2002,

D I S P O N G O:

Article 1. Object.

1. This Royal Decree aims to regulate the competence, composition and procedure of the election of the members and the basic rules of operation of the Advisory Councils of Personnel in the Armed Forces.

2. At the Ministry of Defense, the following Personal Advisory Councils will be available:

a) Staff Advisory Board of the Earth Army.

b) Advisory Board of Navy Personnel.

c) Advisory Board of Air Force Personnel.

d) Personal Advisory Council of the Armed Forces ' Common Corps.

Article 2. Nature.

1. The Personal Advisory Councils are collective bodies that are constituted to analyze and evaluate proposals or suggestions in matters relating to the personnel regime and the condition of the military.

2. The members of the Staff Advisory Councils shall perform the duties of their office without mandatory mandate or subject to hierarchical dependence.

Article 3. Scope of action.

1. The Personal Advisory Councils will be empowered to analyze, study and evaluate the proposals or suggestions put forward by the professional military to the Advisory Council of its respective Army and the professional military personnel of the Joint Bodies of the Armed Forces to the Staff Advisory Council of the Common Corps of the Armed Forces, as regards the personnel regime and the military status, in particular the rules governing the following matters:

a) Military functions, categories and jobs.

b) Target templates.

c) Framework for professional military personnel.

d) Military education.

e) Acquisition of the military condition.

f) Military history.

g) Evaluations.

h) Promotion scheme.

i) Destinations of targets.

j) Administrative situations.

k) Cese in the relationship of professional services.

l) Rights and duties of professional military personnel.

m) Personal Advice Tips.

n) Retributions.

n) Availability for the service.

Incompatibilities regime.

p) Action and social protection.

q) Measures to support the geographical mobility of members of the Armed Forces.

r) Royal Ordinance for the Armed Forces.

s) Military criminal and disciplinary laws; and t) Quality of life and social aspects affecting military personnel.

2. The matters relating to the allocation of powers under Title I of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, and Chapter III of Law 26/1999 of 26 July, of measures, are excluded. (a) support for geographical mobility, as well as those related to the structure, organization and operation of the Armed Forces and the additional contribution of human resources.

3. In no case shall the Advisory Councils of Personnel be responsible for hearing the petitions, complaints and remedies provided for in Chapter V Title XII of Law 17/1999, or for proposals or suggestions for the revision of acts or administrative decisions taken by the authorities in the field of their competence. However, they will be able to analyze, evaluate and issue opinions on general approaches that are considered to be of interest to the Armed Forces as a whole.

Article 4. Administrative assignment.

1. The Personal Advisory Councils shall be administratively attached to the Mandos or Chief of Staff of each Army and to the Directorate-General of Personnel of the Deputy Secretary of Defense in the case of the Common Corps.

2. Expenditure arising from the operation of the Staff Advisory Councils, including those for attendance at their meetings, shall be borne by the appropriations allocated to the Deputy Secretary of Defense or the corresponding Command or Head of Personal.

Article 5. General provisions on the composition of the Personal Advisory Councils.

1. The Personal Advisory Councils shall be composed of a President of the General Officer category and the number of headline Vocals specified in Articles 6 to 9 below.

2. He will be Vice President of the Chief of Employment and seniority, who will replace the President in case of absence, illness or vacancy. For each Vocal, two alternate Vocals shall be appointed, which shall replace it in the same cases, in order of seniority.

3. The components of each Personal Advisory Board shall be military in active duty.

4. The composition of the Personal Advisory Councils set out in the following articles shall be completed with as many Vocals as are necessary to ensure the presence of at least one member of each sex for each category of Officers, Noncommissioned officers and Troop and Marineria.

The provisions of the preceding paragraph shall apply provided that, in each of the categories of Officers, Subofficers and Troop and Marineria of the respective Army or of the Joint Corps of the Armed Forces, the minimum number of members of one and another sex to be established in the implementing rules of this Royal Decree.

5. He will be Permanent Secretary of the Personal Advisory Council, with voice but no vote, a Colonel or Captain of Navio of any Corps.

6. The Advisory Board of Personnel may request the participation, in an advisory capacity, of other members of the Civil or Military Administration, who develop functions related to the subjects under study.

Article 6. Composition of the Staff Advisory Council of the Army of the Earth.

The Earth Army Personnel Advisory Board will be composed of the following members:

(a) A General Officer of any of the Specific Bodies, which shall be chaired by the Council.

b) Ten Vocals of the category of Officer, of which: Eight will belong to the Senior Scales Of Officers and the Escalations of Officers of the General Corps, of Intendence, of Technical Engineers and of Specialists, to The reason for two for each of the scales of the General Corps and one for each Scale of the remaining Corps; and two will be complement military, attached to any Body and Scale.

(c) Ten Vocals of the category of Sub-Officer, of which six will belong to the General Arms Corps and four to the Specialist; and d) Ten Vocals of the Troop category, of which four will have a relationship of services of a permanent nature and six with a relation of services of a temporary nature.

Article 7. Composition of the Armed Personnel Advisory Council.

The Navy Personnel Advisory Board will be composed of the following members:

(a) A General Officer of any of the Specific Bodies, which shall be chaired by the Council.

b) Ten Vocals of the category of Officer, of which: Eight will belong to the Senior Scales Of Officers and the Escalations of Officers of the General Corps, Marine Corps, Intrend, Engineers and Specialists, at the rate of one for each Scale; and two will be complement military, attached to any Body and Scale.

c) Ten Vocals of the category of Subofficial, of which two will belong to the Marine Corps and eight to the Specialist; and d) Ten Vocals of the category of Troop and Marineria, of which four will have a the relationship of services of a permanent nature and six with a service relationship of a temporary nature.

Article 8. Composition of the Air Force Personnel Advisory Board.

The Air Force Personnel Advisory Board will be composed of the following members:

(a) A General Officer of any of the Specific Bodies, which shall be chaired by the Council.

b) Ten Vocals of the category of Officer, of which: Eight will belong to the Senior Scales Of Officers and to the Escalations of Officers of the General Corps, of Intrend, of Engineers and of Specialists, at the rate of two for each of the Body Scales

General and one for each Scale of the remaining Bodies; and two will be complement military, attached to any Body and Scale.

c) Ten Vocals of the category of Sub-Officer, of which four will belong to the General Body and six to the Specialist Corps; and d) Ten Vocals of the Troop category, of which four will have a relationship of services of permanent character and six with a service relationship of a temporary nature.

Article 9. Composition of the Staff Advisory Council of the Armed Forces Common Corps.

The Armed Forces Common Corps Staff Advisory Council will be composed of the following members:

(a) A General Officer of any such Corps, which shall preside over the Council; and (b) Fourteen Vocals, of which: Twelve shall belong, two to the Military Legal Body, two to the Military Intervention Corps, four to the Military Corps The Ministry of Health, at the rate of two for the Higher Officers 'Scale and two for the Officers' Scale and four for the Military Musicians 'Corps, at the rate of two for the Higher Officers' Scale and two for the Subofficial Scale; and two will be military personnel. complement, attached to any Body and Scale.

Article 10. System of choice.

1. The components of the Personal Advisory Councils shall be chosen by lot among all professional military personnel who, by meeting the requirements set out in the following article, have not applied in time and form their exclusion from the same.

2. The effects of the application for exclusion shall be deemed to be conditional on the existence of a number of staff within each category, body and scale, eligible to be elected without having applied for their exclusion, which is sufficient to cover the triplet of the number of the right holders and alternates to be elected. If this does not occur, none of the applications for exclusion in the relevant category, body and scale shall take effect.

3. The drawing-up operations shall be carried out by the Permanent Secretariat of each Council specified in Article 18, under the direction and supervision of the Head of the Commanding Command or Head of Staff or the Director-General of Personnel, in the The case of the Common Corps of the Armed Forces, and the faith of a Financial Officer appointed by the General Controller of Defense.

Article 11. Conditions to be elected and causes of ineligibility.

1. Professional military personnel who meet the conditions set out below may be chosen to be part of the Personal Advisory Councils:

(a) Find yourself in an active service situation, have more than three years of effective service in the category and, where applicable, the corresponding Body and Scale, except for the category of General Officer, which will not require a minimum (b) The professional military with a service relationship of a temporary nature, also subject to a commitment to which it is left to serve at least 12 months.

2. They will be causes of ineligibility:

(a) Haber belonged to the Council which is to be renewed, as a holder or an alternate.

b) Halting to comply with or have entered and not cancelled a disciplinary penalty for serious misconduct, an extraordinary disciplinary sanction or a penalty for crime.

(c) To be found in the situation of active service without destination for the reasons of psycho-physical nature referred to in Article 157 of Law 17/1999.

d) To be a student of a military training center or a course involving a cessation of the destination.

e) Halting destined abroad.

f) The military personnel and military personnel of troops and marineria with a service relationship of permanent character, to have foreseen the pass to the situation of reservation by reason of age or time of services, in a (g) The General Officers shall be in charge of the charges set out in the implementing rules of this Royal Decree.

3. The conditions to be chosen and the causes of ineligibility prevented in the previous two paragraphs shall be construed as referring to the first day of the month of the drawing-up.

Article 12. Grounds for termination.

1. The President and the Vocals shall cease their membership of the Personal Advisory Board for the following reasons:

a) By extinction of the length of time of the mandate for which they were elected.

(b) Where they no longer meet the conditions to be elected or incur any of the causes of ineligibility under the previous Article, except those provided for in paragraphs 1 (b) and 2 (f).

(c) By promotion involving change of category; and (d) On request, for personal reasons which have occurred and which appear duly justified in the judgment of the President of the Council or, in the case of the latter, in the judgment of the Head of the Personnel Command of the corresponding Army or the Director General of Personnel, in the case of the Common Corps.

2. The President and the Vocals will also temporarily cease in their posts for any of the following reasons:

(a) By granting a license for own affairs.

(b) At its own request, because of pregnancy, breastfeeding or reconciliation of family and work life, unless the termination of the contract is made definitively, in accordance with the provisions of paragraph 1 (d) of this Article.

c) For the performance of foreign service commissions or participation in missions to maintain international peace and security that does not stop at the destination, with a longer duration in both cases a month; and d) Since the termination of the disciplinary procedure has been agreed upon, in accordance with the provisions of Article 55.2 of the Organic Law 8/1998 of 2 December, of the Disciplinary Regime of the Armed Forces.

3. In cases where he has ceased to be a member of the Council on account of the situation of suspended employment or suspended duties, and the circumstances prevented in Articles 142.5 and 143.4 of Law 17/1999 are subsequently given, the They will be refills in their posts if their right is agreed.

Article 13. Procedure for appointment and termination.

1. The corresponding Army Command or Chief of Staff, or the Directorate-General of Personnel in the case of the Common Corps, shall communicate to the Chief of Staff of its Army or to the Deputy Secretary of Defense, as appropriate, the relationship of the Elected military officers to be part of the Personal Advisory Councils. His appointment will be published in the "Official Gazette of the Ministry of Defense", by the Order of the Minister in the case of the President, or by Resolution of the Chief of Staff of the respective Army or of the Assistant Secretary of Defense in the case of the Common bodies, when it comes to the Vocals.

2. Where, in any member of the Staff Advisory Councils, any of the grounds for termination laid down in paragraph 1 of the preceding Article, it shall be terminated by the appointing authority, the end of which shall be published in the Official Journal of the European Communities. Ministry of Defense ", together with the appointment as new Vocal holder of the oldest of its alternates. In the case of the President, a new drawing shall be drawn up.

Article 14. Duration of the mandate.

1. Professional military personnel appointed as members of the Staff Advisory Councils, as well as their alternates, shall be elected for a period of four years and shall be renewed by halves every two years, except as provided in the following paragraphs.

2. The professional military personnel with a service relationship of a temporary nature shall be elected for a maximum period of two years, coinciding with the renewal of half of the other members of the Council.

3. In the case provided for in the final paragraph of Article 13 (2), the new President shall be appointed for a period equal to that which shall be absent from the preceding period for the termination of his term of office.

Article 15. Sessions.

1. The Personal Advisory Councils shall meet in ordinary or extraordinary sessions, subject to prior convocation by the President, which shall contain the expression of the agenda.

2. Two regular sessions per year will be held, one in each semester.

3. The extraordinary sessions shall be convened at the initiative of the President, in order to deal with matters which he or she considers to be advisable, or at the request of the Vocals, to deal with matters which have been proposed by at least one third of the the same.

Article 16. Quorum and majorities.

1. For the valid constitution of the Councils for the purposes of the holding of meetings, deliberations and the taking of agreements, the presence of the President and the Permanent Secretary or those who replace them, where appropriate, and two-thirds of the meetings shall be required. Vowels, provided that at least half of the members of each of the categories are present.

2. No matter which is not included on the agenda may not be the subject of deliberation or agreement unless all the members of the Council are present and the urgency of the matter is declared by a favourable vote of more than two thirds.

3. The agreements shall be adopted by an absolute majority among those present.

4. The members of the Council who disagree with the majority may request that their vote be recorded in the minutes and, if they so wish, make a special written and well-founded vote, which shall be inserted in that act whenever they submit it within the time limit set by the Council. President, who will not be more than three days.

Article 17. Operation.

1. For its operation, the Councils shall meet in plenary and by committees, if any.

2. The plenary session is the highest deliberative and sole authority for the adoption of agreements on the matters attributed to the Councils. The rules on the convening of the sessions, the 'quorum' and the majority laid down in Articles 15 and 16 shall be construed as referring to the plenary session.

3. For the proper study of cases whose nature and complexity so advise, Commissions may be established within the Council, whose constitution, dissolution and operating rules shall be adopted by the Plenary.

The composition of these Commissions must respond to criteria similar to those established in relation to the respective Council Vocals.

4. The agreements adopted by the plenary, with the support of the individual votes if any, will be elevated to the Minister of Defense by the Chief of Staff of his Army, or the Deputy Secretary of Defense in the case of the Common Corps, according to The Commission shall submit its own reports.

Article 18. Permanent Secretariat.

1. As a support body, a Permanent Secretariat, under the leadership of the Permanent Secretary of the respective Council, will be set up for each of the Personal Advisory Councils.

2. The Permanent Secretaries shall be integrated into the organic structure of the Personnel Command or Headquarters of each Army or the Directorate General of Personnel of the Deputy Secretary of Defense in the case of the Common Corps.

Article 19. Joint meeting of the Personal Advisory Councils.

1. In order to deal with matters of general application to the Armed Forces personnel, it will be possible to convene, at a joint meeting, a representation of the Personal Advisory Councils of the Army and the Common Corps of the Armed Forces.

2. The convening of the joint meeting shall be the responsibility of the Deputy Secretary of Defense, who shall preside over it, with at least one month in advance, unless special reasons for urgency prevent it. He will serve as Vice President, the Director-General of Personnel, who will replace the President in his case.

3. The President, the Vice-President, and the number of Vocals of each of the Personal Advisory Councils to be determined by the Deputy Secretary of Defense, will be called to the joint meeting, according to criteria similar to those established for the composition of each of the Councils. The designation of these Vocals shall be made by the respective Council, or by the President in case of urgency.

4. The Permanent Secretaries of each of the Personal Advisory Councils will also attend the meeting, in order to carry out the functions of the secretariat.

Single additional disposition. Establishment of the Personal Advisory Councils.

The Armed Forces ' Army, Navy, Air Force and Common Corps Staff Advisory Councils should be constituted within a maximum of one year, from the publication of the Royal Decree in the "Official Gazette of the State".

Single transient arrangement. Scales to extinguish.

For the composition of the Personal Advisory Councils of the Army of the Earth, the Navy, and the Air Force, the members of the Escalas to extinguish referred to the third transitional provision of Law 17/1999, 18 of May, shall be understood as including in the Bodies and Scales in which the templates are available.

Final disposition first. Standards of development.

The Minister of Defense is hereby authorized to make any provisions necessary for the development of the provisions of this Royal Decree.

Final disposition second. Entry into force.

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

Given in Madrid to 8 March 2002.

JOHN CARLOS R.

The Minister of Defense,

FEDERICO TRILLO-FIGUEROA AND MARTINEZ-CONDE