The Royal Decree-Law 36/1978 of 16 November on the institutional management of social security, health and employment, came to simplify the complex organization in this field of administration, with the disappearance of a large part of the previous bodies that were replaced by the current Social Security Management Entities. As a result of this reform, the integration of the Letrados into the service of the various organisms extinct and belonging to different Bodies, in a single Body in the service of all the managing entities and the common services of the Social Security, which culminates with Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, which provided for its integration into the current Higher Body of Letters of the Administration of Social Security.

From the beginning, the Management Entities and the General Treasury of Social Security, created their own legal services giving rise to the Central Legal Assassins, of the National Institute of Social Security, of the Instituto Nacional de la Salud, of the Social Institute of the Navy, of the then National Institute of Social Services and the General Treasury of Social Security, independent of each other.

At the peripheral level, the Provincial Legal Assassins were organized which, initially, were unique and common and have subsequently been degassed until today, in most of the provinces, the Managing entities and the General Treasury of Social Security count in their organizational charts with their own legal advice and independent of the others, except for the Social Institute of the Navy.

With this organizational model, there emerged undoubted coordination defects that attempted to be mitigated through Royal Decree 530/1985, of 8 April, which established the basic organic structure of the Ministry of Labor and Social security, giving the then Directorate-General of Legal Regime dependent on the General Secretariat of Social Security the functions of coordination of the contentious issues affecting the Administration of Security Social and the coordination of their defense in judgment. Due to the concurrence of several factors, such coordination was not as widely used as it would have been desirable, but despite this, the successive Royal Decrees of the organization of this ministerial department have been repeating this Competence and organizational schema.

As far as legal advice is concerned, it has not even been provided with an organisational instrument of coordination with which to ensure a unit of discretion.

In this state of affairs, the Central Legal Assassins are the ones who have been carrying out this function of coordination on the Provincial Legal Assassins, although only in the area of the Management Entity or the Common Service to which they were attached.

It is therefore necessary to establish a new administrative organisation which, in addition to making the most efficient use of the material and human resources available, will be able to provide more effective legal assistance. for the benefit of the Social Security Administration itself, as well as the citizens.

A first step is the approval of Law 52/1997 of 27 November, of Legal Assistance to the State and Public Institutions, Article 1.2 of which, in addition to establishing that " the legal assistance of the Administration of the Social security, consisting of legal advice and representation and defense in the field of the Management Entities and Common Services of Social Security will be the responsibility of the members of the Body of Letters of the Administration of Social Security ", in line with the provisions of Law 6/1985 of 1 July, Organic of the Judiciary in its article 447, it comes to point out that "the coordination and direction of the legal assistance of Social Security corresponds to the Secretariat of State of Social Security".

In what constitutes the very motivation of the Law, it is evident that, with respect to the representation and defense of the managing entities and the General Treasury of Social Security, the rules extend to them applicable to the State with the necessary modifications resulting from its specific nature.

Thus, in the third additional provision, Law 52/1997 provides for the application of Articles 5 to 9 and 11 to 14 " within the scope of the Management Entities and the General Treasury of Social Security, to the same extent as, the nature of the provisions and the provisions of the laws in force, those provisions apply to them, but the references contained in those to the State Bar, the Legal Service of the State or the Directorate of the Legal Service of the State shall be understood to be carried out, respectively, to the Letters of the Administration of Security Social, to the various Common Services or to the managing entities to which the said Letters are attached, or to the Secretariat of State of Social Security ".

For its part, the additional fifth provision of the Law comes to reflect the need to make effective the principle of unity of doctrine in the field of legal aid, providing that the government will adopt the measures Organisational requirements for this.

Finally, the final provision of the Law on Legal Assistance to the State and Public Institutions enables the Government to adopt the regulatory rules for the implementation and development of the Law. the explanatory statement itself must be reflected in a regulatory development which will necessarily take place in a short space of time, in order to give it all its virtuality and effectiveness.

This Royal Decree seeks to establish definitively a specific regulation of legal assistance in the field of the Administration of Social Security, as desired as necessary in the face of the existing regulatory vacuum. In the first place, this new regulation responds to the need to effectively implement the legal assistance service of the Social Security Administration through a new organization that guarantees the unit of criterion, counting for this with a single direction and the effective exercise of the coordination functions, which will undoubtedly have an impact on the achievement of more effective results in this area of administrative action.

Second, it must be conceived as a development of the provisions of the Law on Legal Assistance to the State and Public Institutions.

For these purposes, it is important to review the provisions of Royal Decree 692/2000 of 12 May establishing the organic structure of the Ministry of Labour and Social Affairs, which created the Legal Service of the Ministry of Labour. Social security administration as a common service provided for in Article 62 of the General Law on Social Security, recast text approved by Royal Decree 1/1994 of 20 June, without its own legal personality, directly dependent on the Secretariat of State for Social Security, in which all members are integrated of the Higher Body of the Social Security Administration of the Social Security Administration, currently attached to the various Legal Assassins. At the head of this Common Service, with an organic level of Subdirección General, the Regulation approved by this Royal Decree points to the Directorate of the Legal Service of the Administration of Social Security, with the main purpose of to develop these coordinating and management functions, under the guidance and superior direction of the Secretary of State for Social Security.

The Directorate of the Legal Service of the Social Security Administration will have an adequate structure, the basic notes of which are already included in the regulation itself approved by this Royal Decree.

In order to make the criterion unit effective, as well as the development of the address functions and

coordination, the Regulation that is approved structure the Legal Service of the Administration of Social Security in a delegated Legal Service in the Central Services of each of the Management Entities and Services (a) common to social security and, at the peripheral level, a delegated legal service in each single and common province, which will provide the necessary legal assistance to the existing provincial directorates in that territorial area. These delegated Legal Services are organically integrated into the Common Service under the functional and hierarchical dependency of the Directorate of the Legal Service of the Social Security Administration.

Chapter II of the Regulation contains a number of precepts which, in compliance with the provisions of the third provision of Law 52/1997 of 27 November 1997, are aimed at developing the articles relating to the specific on the representation and defence in judgment and the procedural specialties in the field of the Management Entities and the General Treasury of Social Security, in those aspects that apply to them.

As matter intimately connected to the regulation of this Royal Decree, the Regulation devotes a chapter III to regularly somberly basic aspects such as income in the Higher Body of the Administration of Security Social, since it is its members to whom Law 52/1997, of 27 November, attributes the legal assistance of the Administration of Social Security, in the field of the Management Entities and Common Services, in order to give stability to certain basic criteria, as well as to enhance the relevance of the selective course for the future exercise of the functions assigned to the Letters of the Administration of Social Security.

In its virtue, on the proposal of the Minister of Public Administrations and on the initiative of the Minister of Labour and Social Affairs, according to the Council of State and after deliberation of the Council of Ministers at its meeting on Day 3 of August 2001,

D I S P O N G O:

Single item. Adoption of the Regulation.

The Regulation of the Legal Service of the Administration of Social Security is approved, which is inserted after this Royal Decree.

Additional disposition first. Jobs reserved for the Higher Education Administration of the Social Security Administration.

All the jobs currently reserved for the Higher Body of the Administration of Social Security in the Management Entities and the Common Services of Social Security, whose previous organic membership does not the Legal Assassins shall be kept under the exclusive responsibility of the Legal Service of the Administration of Social Security, and shall be functionally assigned to the Legal Service of the Social Security Administration, depending on the Directorate of the Legal Service of the Social Security Administration.

Additional provision second. Collaboration between the legal assistance bodies.

In order to ensure proper coordination between the Legal Service of the Social Security Administration and those of the General Administration of the State and Institutions or Public Entities, all of them will be provided with assistance and precise collaboration in matters in which they are of interest.

First transient disposition. Officials belonging to other Bodies and Escalations.

Officials belonging to other Bodies and Escalas other than the Higher Body of the Social Security Administration, which, at the entry into force of the Regulation which is approved by this Royal Decree, are (a) by performing the job of the competition, which shall be exclusively attached to the Body of Letters of the Administration of Social Security, may continue to carry out such posts until they become vacant, after which only may be occupied by officials belonging to that Corps.

Second transient disposition. Officials from the Social Security Administration's Letrates Corps located in other areas of activity.

Officials of the Higher Education Administration of the Administration of Social Security who, at the entry into force of the Regulation that is approved by this Royal Decree, are performing jobs obtained by contest or free designation in areas of activity other than those that are exclusively attached to them in this Royal Decree, they will be able to continue to perform such positions.

Transitional provision third. Deputy Director General of Legal Counsel of the National Institute of Health.

In the field of the National Institute of Health, the General Subdirectorate of Legal Counsel of that management entity shall act as the central delegated Legal Service, in accordance with Articles 1 and 9 of the Rules of Procedure, is approved by this Royal Decree, as long as the process of transfers to the Autonomous Communities with competence in the matter has not been completed.

Single repeal provision. Rules to be repealed.

As many provisions of equal or lower rank are repealed, they are contrary to the provisions of the Regulation adopted in this Royal Decree and, in particular, Article 7 (1) of Royal Decree 2583/1996, of 13 of In December, the National Institute for Social Security, Article 15 (8) (a) and the term "coordination" of Article 15.9 (b) of Royal Decree 1450/2000, of 28 July, developed the organic structure of the National Institute of Social Security. the Ministry of Health and Consumer Affairs; the expression "as well as the legal advice" of the Article 7.4 of Royal Decree 140/1997 of 31 January, which partially modifies the basic organic structure and transforms the National Institute of Social Services into the Institute of Migration and Social Services, as well as the expression " and In the case of the Court of Justice, the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that structure of the organic structure of the Central Services of the Social Institute of the Navy.

Final disposition first. Faculty of development.

The Minister of Labour and Social Affairs is hereby authorized to take the necessary measures for the development and implementation of the Regulation which is approved by the present Royal. Decree.

Final disposition second. Budgetary adjustments.

The Ministry of Finance will carry out the necessary budgetary changes for the implementation of the provisions of the Regulation that is approved by this Royal Decree.

Final disposition third. Relationships of jobs.

The units and positions of lower organic level to Subdirección General that are affected by the organic modifications established in the Regulation that is approved by this Royal Decree, will continue (a) the Member States shall pay the same budgetary appropriations until the employment relations adapted to the Regulation adopted by this Royal Decree are adopted, without any increase in expenditure; public.

Final disposition fourth. Entry into force.

The Regulation approved by this Royal Decree shall enter into force on the thirty days from the day following that of its publication in the "Official Gazette of the State".

Given in Palma de Mallorca to 3 August 2001.

JOHN CARLOS R.

The Minister of Public Administration,

JESUS POSADA MORENO

LEGAL SERVICE REGULATION OF THE ADMINISTRATION OF SOCIAL SECURITY

CHAPTER I

From the organization of the Legal Service of the Administration of Social Security

Article 1. Of the legal assistance.

1. The legal assistance of the Administration of Social Security, in the field of its Management Entities and Common Services, consisting of the legal advice, as well as in the representation and defense in the judgment of its interests, be the body and the jurisdiction to which they are addressed, shall be the responsibility of the members of the Higher Body of Letters of the Administration of Social Security integrated into the Legal Service of the Administration of Social Security. Likewise, the members of the said Body may be represented by the representation and defence in the judgment of the authorities, officials and employees of the managing entities and the common services, whatever their procedural position, when the procedures are followed by acts or omissions relating to the exercise of his office and expressly authorised by the Director of the Legal Service.

2. The coordination and management of the legal assistance for social security is the responsibility of the Ministry of Social Security of the Ministry of Labour and Social Affairs.

Article 2. Of the Legal Service of the Social Security Administration. Nature and functions.

1. Legal assistance in the field of the Management Entities and the Common Services of the Administration of Social Security shall be provided through the Legal Service of the Administration of Social Security, with an organic level of Subdirection General, which, as a Common Service without legal personality, shall act under the supervision and superior direction of the Secretary of State for Social Security, irrespective of the ministerial department to which the Management and Services Entities (a) common ground, in accordance with the provisions of Article 2.3 (a) of the Royal Decree 1888/1996, of August 2, of basic organic structure of the Ministry of Labour and Social Affairs.

2. The following administrative bodies are the Legal Service of the Social Security Administration: The Directorate of the Legal Service of the Social Security Administration, the Legal Services delegated to the Services Central to the Management Entities and Common Services of Social Security and the Provincial Delegated Legal Services.

Article 3. Address of the Legal Service of the Social Security Administration.

1. The management and coordination body of the Legal Service of the Social Security Administration shall be the Directorate of the Legal Service of the Social Security Administration, to which, under the direct dependence of the Secretary of State of Social Security, corresponds to the direction and coordination of the Legal Services delegated in the field of the Management Entities and Common Services of Social Security.

2. The Director of the Legal Service of the Administration of Social Security, who must belong to the Higher Body of Letters of the Administration of Social Security, shall be appointed and separated by the Secretary of State for Social Security and ostentatiate the representation of that Service.

In case of vacancy, absence or illness, the Director of the Legal Service of the Administration of Social Security shall be replaced by the Letters appearing at the head of the units referred to in paragraph 3 of this Article. Article, in the order provided for in the article.

3. The following units shall be integrated in the Directorate of the Legal Service of the Social Security Administration, under the top management of its holder, whose organic level is to be determined in the corresponding positions of the Social Security Administration. and at the forefront of which will be a Network of Social Security Administration (Social Security Administration):

a) General Secretariat.

b) Unit of the Accounting Procedures of the Social Security Administration.

c) Legal Advice Unit of the Social Security Administration.

Article 4. Exercise of address and coordination functions.

1. They correspond to the Secretary of State for Social Security, who is responsible for the superior direction and coordination of the legal assistance of the Social Security Administration, the following functions:

a) Name and separate the Director of the Legal Service from the Social Security Administration.

b) Dictate the development resolutions that are necessary for the management of the legal assistance of the Social Security Administration.

c) Authorize the raid against the claims exercised against the Administration of Social Security, in the field of its Management Entities and Common Services, the withdrawal of the shares deducted by the Letting of the Social Security Administration,

the withdrawal of resources and the filing of complaints by the Administration of the Administration of Social Security, prior to the report, in all cases, of the corresponding managing body or common service.

(d) Propose to the Minister of Labour and Social Affairs the nomination to be taken by the Social Security Administration's Letrado in cases where there are competing interests between the managing entities and Common Services of Social Security.

e) To urge the intervention of the Directors of the Administration of Social Security in representation and defense of the Management Entities and the Common Services of Social Security in arbitral proceedings.

f) Authorize the professional identification document of the membership of the Higher Body of Social Security Administration (s).

g) Other than any other attribute to the legal order.

2. The following functions are the responsibility of the Director of the Legal Service of the Social Security Administration:

(a) Coordinate and direct legal assistance of a contentious nature in the area of the Management Entities and the Common Services of Social Security.

b) Make the proposal for authorization by the Secretary of State for Social Security of the withdrawal of actions or resources, the filing of complaints or the search against claims exercised against the Social Security Administration.

c) Coordinate and direct the law of the Administration of Social Security in the field of the Management Entities and Common Services of Social Security, as well as to develop all those functions of legal advice for which it is required, without prejudice to the powers of an advisory nature conferred on other bodies of the Administration.

d) To dictate the orders of service and precise instructions to guarantee the effectiveness of the principle of unity of doctrine in the field of the Management Entities and the Common Services of the Social Security, the coordinated action of the Legal Services delegated to the Administration of Social Security, as well as those concerning the functioning of the Social Security Administration.

(e) to inspect the technical-legal action of the Legal Services delegated to the Administration of Social Security, as well as the units referred to in Article 3 of this Regulation. The Director of the Legal Service of the Administration of Social Security may entrust the performance of this function to the Directors of the Social Security Administration that it considers appropriate.

f) Call for specific training and training courses for officials from the Higher Education Administration of the Administration of Social Security, without prejudice to specific functions attributed to the Deputy Secretary for Labour and Social Affairs.

g) To issue and to issue communications with judicial authorities when appropriate, in accordance with the provisions of the laws and regulations of the Judicial Branch.

(h) Authorize the representation and defense in the judgment of authorities, officials, and employees of the managing entities and common services, whatever their procedural position, when the procedures are followed by acts or omissions related to the exercise of his or her duties.

i) The exercise of the other functions assigned to it by the legal system and those other functions that are necessary to ensure the proper development of the functions of management and coordination of the assistance legal status of the Social Security Administration.

Article 5. The General Secretariat.

1. The General Secretariat shall be responsible for assisting the Director of the Legal Service of the Administration of Social Security in the exercise of his/her duties, as well as in the duties relating to all kinds of bodies, entities and national or foreign centres, without prejudice to functions specifically attributed to other units of the Department.

2. The General Secretariat shall in particular be responsible for the following tasks:

a) The management of the registry, archive, statistical and internal management services of the management body.

(b) The general statistics on matters relating to the competence of the Legal Service of the Social Security Administration.

c) The writing of the annual memory.

d) The library service.

e) The impetus and coordination of the material resources of the Legal Service of the Social Security Administration.

(f) Develop the proposal for the annual programme of specific training and training activities and courses referred to in Article 4.2.f of this Regulation and, where appropriate, propose appropriate amendments, further corresponding to your specific organization.

g) Elaborate the proposal of the bases to govern in the competitions of the Superior Body of the Administration of Social Security, as well as of the places to be offered.

h) The elaboration of the draft program to govern the selective testing of income in the Higher Body of the Administration of Social Security, as well as, if necessary, propose the appropriate modifications.

i) Any other functions that are not specifically attributed to other units of the Legal Service of the Social Security Administration.

Article 6. Unit of the Accounting Procedures of the Social Security Administration.

In the exercise of the function relating to the direction and coordination of legal aid of a contentious nature, the Unit of the Contentious Procedures of the Administration of Social Security will have the performance of the functions that correspond to the management body and in particular the following:

(a) The coordination of representation and defense in the judgment of the Administration of Social Security in the field of its Management Entities and Common Services, before any jurisdictions, Spanish or the European Union, as before any jurisdictions abroad, in the cases established in the legal provisions in force, without prejudice to the necessary coordination with the Legal Service of the State.

b) The direction and coordination of representation and defense before any administrative bodies in those procedures in which the Administration of Social Security is concerned, in the field of its managing entities and Common Services.

c) The drafting of the motion for a resolution to requests for the provision of procedural action by the delegated Legal Services.

(d) Report the files relating to the payment of costs to be condemned by the Administration of Social Security in the field of its Management Entities and Common Services, as well as to see those that are required and established in its please.

e) The direction and coordination of the actions to be carried out on the issues of competence and the conflicts of responsibility.

(f) The report of claims prior to the exercise of civil or labour action on the judicial basis in cases where the opinion of the management body is sought.

g) The proposal for a resolution of the consultations under Article 14 of Law 52/1997 of 27 November of Legal Assistance to the State and Public Institutions.

h) Analysis and dissemination of the case-law criteria.

i) The performance of any other functions which, in the field of their competence, are attributed to him by the Director of the Legal Service of the Administration of Social Security.

Article 7. Legal Advisory Unit of the Social Security Administration.

1. In the exercise of the function relating to the direction and coordination of legal assistance, as regards legal advice, the Legal Advisory Unit of the Social Security Administration shall be responsible for the performance of the the functions which in this respect correspond to the management body and in particular the following:

(a) The establishment of interpretative criteria of a general nature in the subjects of their scope of action.

b) The issuance of reports that involve a special significance or affect more than one managing entity or the common social security service.

c) The issuance of any other legal reports when required for the purpose by the Management Entities and the Common Services of Social Security, without prejudice to the powers of the advisory order attributed to others organs of the Administration.

2. In addition to these functions:

(a) The study or review of bills, draft provisions, or any other matter which, in the field of social security, the respective ministerial departments may require from the Address of the Legal Service of the Social Security Administration, without prejudice to the powers conferred on other bodies by the legislation in force.

b) Draw up the reports, opinions and legal studies which are of particular interest to the Director of the Legal Service of the Social Security Administration and, in particular, to the Director of the Legal Service of the Social Security Administration; projects or projects affecting the organisation and functions of the Legal Service of the Social Security Administration or of the staff assigned to them.

c) Promote the realization and dissemination of research work and the organization of activities that aim to deepen the knowledge of subjects of interest for the development of the function of legal assistance.

d) The performance of any other functions which, in the field of their competence, are attributed to him by the Director of the Legal Service of the Administration of Social Security.

Article 8. Delegated and peripheral structure.

The Legal Service of the Social Security Administration is structured in the following delegated legal services:

(a) Legal Services delegated to the Central Services of the Management Entities and the Common Services of Social Security.

b) Provincial delegated legal services.

Article 9. Central delegated legal services.

1. In the Central Services of each of the Management Entities and the Common Services of Social Security, with legal personality, there shall be a delegated Legal Service with the organic level to be determined in the relevant relationship of the jobs.

2. These Legal Services will be functionally dependent on the Directorate of the Legal Service of the Social Security Administration, and will be organically integrated into the Legal Service of the Social Security Administration.

3. The central delegated legal services shall have the following tasks assigned to them:

(a) Legal advice of the respective Management Entities and Common Services of Social Security.

b) Assistance to procurement tables and shopping boards, as well as the legal advice required under the terms of the Public Administration Contracts legislation.

c) Pretty powers and other evidence of personality.

d) Visado of minutes of notaries and procurators in matters dealt with in the Central Services.

e) Representation and defense of the respective body in all contentious matters in which it has an interest, whatever its nature, before the organs that extend their competence to the entire national territory and all the courts, as well as at the level of the European Union or any other foreign jurisdiction, where appropriate, without prejudice to the necessary coordination with the State Legal Service.

They will also exercise this representation and defense before administrative bodies in those cases where necessary.

f) Elaboration and follow-up of reports required by the Directorate of the Legal Service of the Administration of Social Security on litigation and legal advice to the managing body or service common.

g) Monitoring and collection of the doctrine of the different courts in relation to the competencies attributed to the corresponding managing entity or common service.

(h) The supervision and technical direction of the provincial delegated legal services in respect of matters affecting the relevant managing body or the common service, in the terms established by the Directorate of the Service Legal status of the Social Security Administration.

i) Any other legal assistance functions provided for in the current regulations.

Article 10. Provincial delegated legal services.

1. In each province there will be a single delegated Legal Service, organically integrated in the Legal Service of the Social Security Administration and functionally dependent on the Directorate of the Legal Service of the Administration of the Social Security.

The provincial delegated legal service, with the organic level to be determined in the relevant employment relationship, shall provide the legal assistance service to each of the Provincial Directorates of the Managing entities and common services of the Social Security in the territorial area of the province.

2. The provincial delegated legal services in their respective territorial scope shall assume the following functions:

a) Legal advice to the managing entities or the relevant common service.

b) Representation and defense in the judgment of the managing entities or common services before any court that has its seat in the respective provincial area, and does not extend its jurisdiction to the entire national territory, as well as to the courts whose jurisdiction extends to the Autonomous Community to which it belongs.

You will also exercise this representation and defense before administrative bodies in those cases where necessary.

(c) Those provided for in paragraphs (b), (c) and (d) of paragraph 3 of the previous Article.

d) Monitoring and analysis of the litigation, consultative and other order carried out by the Provincial Legal Service, producing the reports, memoirs and statistics required by the Directorate of the Legal Service of the Social Security Administration.

e) Any other legal assistance functions provided for in the current regulations.

Article 11. Functions of the Leader-Leader.

1. The Head of the Central or Provincial Committee of the Legal Services shall be the Head of the Office, without prejudice to the functions conferred on the Directorate of the Legal Service of the Social Security Administration. The following functions:

(a) Dispose the equitable distribution of the cases among the Social Security Administration (s) attached to the corresponding delegated Legal Service.

However, the Head-Head shall, on his own initiative or on the basis of the Head of the relevant Central delegated Legal Service or the Director of the Legal Service of the Social Security Administration, take on his own initiative, those matters which, for their particular relevance, are deemed to be appropriate.

b) Carry out the supervision and coordination of the Legal Service's own affairs.

c) Maintain correspondence with the Directorate of the Legal Service of the Social Security Administration as well as with other centers or authorities.

(d) To tender and to dispatch the communications, in the field that corresponds to it, with the judicial authorities when it is obtained, in accordance with the provisions of the procedural laws and the organic regulations of the Power Judicial.

e) The development of the legal assistance's own functions.

2. In case of vacancy, absence or illness, the Leader-Leader will be replaced by the Letrado of the most senior Legal Service in the Body.

Article 12. From dependency, responsibility and duty of help.

1. Lawyers of the Administration of Social Security attached to the delegated legal services shall immediately, in the performance of their duties, depend on the respective Letrado-Chief, without prejudice to their functional dependence on the Directorate of the Legal Service of the Administration of Social Security and of the functions which the latter may confer on the relevant Central delegated Legal Service.

2. Without prejudice to the liability of the Head of the Office for the use which he or she makes of his duties, both he and the other Letrates integrated into the corresponding delegated Legal Service shall have the staff and direct staff who, in accordance with the distribution of cases has been reciprocated.

3. Lawyers attached to the same Legal Service delegated to the Administration of Social Security shall have the duty to assist each other in their respective duties where the needs of the service so require, in accordance with the Provisions of the Head-Office, as well as the provision of replacement in cases of sickness, absence or incompatibility.

4. In those cases where the replacement provided for in the previous paragraph is not possible, as well as in the case of a given delegated legal service not having Letrados attached to it, whatever its cause, the Directorate-General The Legal Service of the Social Security Administration shall decide on the Letrado or Letrates which, in transition, must provide the appropriate legal assistance.

However, if it is not possible to carry out such an assignment, the Directorate of the Legal Service of the Administration of Social Security may exceptionally authorize the representation and defense in the judgment of the Entity The corresponding manager or joint service is entrusted to a specially designated collegiate lawyer.

In addition, this authorization from the Directorate of the Legal Service of the Administration of Social Security may be granted on a proposal from the Directorate-General of the Management Entity or the corresponding Common Service for assumptions. specific and determined.

Article 13. Enabling for the exercise of functions.

1. The officials belonging to the Higher Body of Letters of the Administration of Social Security, due to the fact of their appointment and inauguration at the destination, are entitled to the exercise of all functions and to the performance of all the services of his office. In order to prove their membership in the Higher Body of the Social Security Administration, the corresponding professional identification card, authorized by the Secretary of State for Social Security, will be issued to them.

2. The posts of the Legal Service of the Administration of Social Security, which are entrusted with the performance of the functions described in Article 1.1 of this Regulation, are assigned exclusively to the officials of the Superior body of the Social Security Administration.

CHAPTER II

Procedural and procedural specialties

Section 1. Specific Rules on Representation and Defense in the Trial of the Management Entities and Common Services of Social Security

Article 14. Counterposition of interest.

1. In cases where, in the case of any court order, litigasen against each other, or the interests of the managing entities or the common services of social security, the Directorate of the Legal Service of the Administration of the Social security, before the first procedural procedure is evacuated, and in the interest of the nature of the conflicting interests, it will expose to the managing entities or the common services of the social security interested their criterion, both as regards the eventual settlement of the dispute, if possible, such as, failing that, to the The application of the Social Security Administration to the application of the Law of the State, avoiding in any case the situations of defensiveness.

Have or not the parties expressed their opinion, with the prior report of the Directorate of the Legal Service of the Administration of Social Security, the Secretary of State of Social Security will raise his criterion to the Minister of Labour and Social Affairs, who will ultimately resolve the issue of the bid to be taken on by the Social Security Administration's Letrado.

2. In the case of a counterposition of interest covered by this Article, the Head of the corresponding delegated Legal Service shall immediately give the situation to the Directorate of the Legal Service of the Security Administration. Social and this will transmit the precise instructions according to the rules provided in the previous section.

Article 15. Collaboration between the interested bodies and the Legal Service of the Social Security Administration.

The bodies involved in the processes, as well as all the General Administration of the State, including the Social Security Administration, to which the bodies of the Legal Service of the Security Administration On request, they must provide the precise collaboration for the best defense of the interests in dispute.

Article 16. Provision of procedural action.

1. Without prejudice to the provisions of special laws, in order for the Court of Social Security Administration to be able to withdraw from actions or resources, to depart from complaints, or to break the claims of the opposing party, in the Disputes in which the Management Entities or the Common Services of the Administration of Social Security are party, the express authorization of the Secretary of State for Social Security shall be specified. In all cases, a report should be obtained from the managing bodies or the common services concerned.

2. Requests for the provision of procedural action shall be made by the Head of the delegated Legal Service in which they are produced, in accordance with the procedure laid down for this purpose.

3. If the Requester Legal Service does not obtain an express response in time, the authorization shall be deemed to be denied.

4. In cases where the act of provision of the procedural action requires a shorter delay in time, the same shall be stated in the request.

Article 17. Proceedings before the Constitutional Court and Court of Auditors.

1. The performance of the Board of Directors of the Social Security Administration before the Constitutional Court and the Court of Auditors shall be governed by the provisions of the respective Organic Laws and other regulatory provisions thereof.

2. The representation and defense of the Management Entities and the Common Services of Social Security before the Courts referred to in this article, shall correspond to the Letters of the Administration of Social Security attached to the Services Central delegated legal persons, who, prior to the commencement of the proceedings, shall make the relevant consultation with the Directorate of the Legal Service of the Social Security Administration.

Article 18. Proceedings in arbitral proceedings.

Prior to the authorization of the holder of the ministerial department to which the address and protection of the corresponding managing body or common service is entrusted, at the request of the Secretary of State for Social Security, and issued Report by the Directorate of the Legal Service of the Social Security Administration, the Letters of the Administration of Social Security, integrated into the Legal Service of the Administration of Social Security, may assume the representation and defence of the Management Entities and the Common Services of Social Security in arbitration procedures.

Section 2. First procedural Specialties applicable to the Management Entities and Common Services of the Administration of Social Security

Article 19. Notifications, citations, sites and other acts of procedural communication.

1. In the processes followed before any jurisdiction in which the Management Entities and the Common Services of the Administration of Social Security are a party, except that the procedural laws provide otherwise, the notifications, citations, Other procedural documents shall be construed directly with the Letters of the Administration of Social Security in the official office of the Legal Service delegated to the Administration of Social Security to which it appears. attached.

2. In accordance with the provisions of Article 11.3 of Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions, notifications, citations, and other acts of procedural communication shall be null and void. are not practised in accordance with the provisions of this Article.

Article 20. Exemption from deposits and deposits. Costs.

1. The Management Entities and the Common Services of Social Security shall be exempt from the obligation to constitute the deposits, rubings, consignations or any other type of guarantee provided for in the laws, in accordance with the provisions of the Article 12 of Law 52/1997 of 27 November of Legal Assistance to the State and Public Institutions.

2. The budget appropriations needed to guarantee the early implementation of the budget will be obtained from the forecasts that will be included in the Social Security Budget, which will be included in the general budget of the State. obligations not guaranteed by the exemption.

3. In the case of the conviction and the costs of the costs, the provisions of Article 13 of Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions shall apply.

Article 21. Suspension of the course of cars.

1. In the case provided for in Article 14 of Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions, the Letters of the Administration of Social Security shall seek from the Management Entities or the Common Services of Social Security all the necessary background for the defense of the Administration of Social Security, and the Entities and Services mentioned will send these in the shortest possible time.

2. In the case of suspension of the course of the car and a high consultation with the Directorate of the Legal Service of the Social Security Administration, the latter, before the period of suspension which has been established in each case, is passed The court shall send the relevant instructions to the acting leitback.

CHAPTER III

From income in the Higher Body of the Administration of Social Security and from the provision of legal assistance posts

Section 1 of the Income in the Higher Education Administration of the Administration of Social Security

Article 22. Superior Body of Letters of the Administration of Social Security. Income.

1. The entry into the Higher Body of the Administration of Social Security shall be carried out through selective tests of free access between Licensas in Law, according to the offer of public employment, and by means of convocation public.

The selective tests will consist of two phases, the first of the opposition and the second consisting of a selective course.

2. The call will be made by ministerial order, after a favorable report from the General Administration of the Civil Service, which will be published in the "Official State Gazette", expressing the number of places to be provided, the time period during which they will be the instances and other relevant indications are presented.

The call for the selective process will apply to the rules contained in Law 30/1984 of 2 August, and regulatory provisions for development with the peculiarities indicated in this Regulation.

3. The opposition will include theoretical and practical exercises mainly on matters of law, administration and special social security legislation. You will also understand a foreign language test.

Article 23. Phase of opposition.

1. The opposition exercises will be five. Two oral, theoretical, two-written, practical and a language test, all of which are effective in eliminating them.

The language test will consist of reading and translating a foreign language.

2. The theoretical exercises shall be carried out in accordance with the programme to be approved for this purpose, which shall be published in the "Official State Gazette" six months in advance, at least, at the date of the call.

Article 24. Selective course.

1. The selective course will try to combine the high theoretical specialization in the subjects dealt with most assiduously by the Letrates of the Administration of Social Security, with the practice in them and with the forensic practice in general.

2. Such theoretical and practical training shall be carried out in accordance with a previous programme, the organisation and management of which shall be the responsibility of a single Director, appointed on a proposal from the Directorate of the Legal Service of the Security Administration. Social.

3. The course will have a minimum duration of five and a maximum of nine months and the specific content of the course, as well as the maximum period for its commencement and the centre or body responsible for its assessment, shall be set out in the relevant call.

Article 25. Court.

1. The exercises prescribed in Article 23 of this Regulation shall be held in Madrid before a Court constituted by seven members with the character of the holders and seven alternates, all of whom are entitled under the law and officials of Bodies of Group A, subject to the provisions of the following paragraph.

The President and the Secretary, holders and alternates, must belong to the Higher Body of Letters of the Administration of Social Security.

A professor or professor of law and a member of the Judicial Career appointed on a proposal of the General Council of the Judiciary shall be a member of the titular and alternate Tribunal.

2. All members of the Tribunal shall have a voice and vote.

3. The appointment of the members of the Court shall be published in the same Order as the call for selective testing.

4. On the basis of its constitution, the Court shall, in order to act validly, require the presence of the President and Registrar, or, where appropriate, of those who replace them, and of three, at least, of their remaining members, holders or alternates. Agreements will be adopted by a majority of half plus one of the attending members.

Section 2. Of the provision of legal assistance posts reserved for the Letters of the Administration of Social Security

Article 26. Provision of posts.

1. The provision of the posts to be provided by the Social Security Administration, shall be carried out by the tender procedure and, exceptionally, for those specifically provided for in the procedure. free designation.

2. The mobility of officials from the Higher Education Administration of the Social Security Administration to other jobs other than those reserved for them, can only be carried out in cases and with the requirements laid down in the general rules of public function management.

Article 27. Effectiveness of services and merits.

1. For the purposes of paragraph 1 of the previous Article concerning the provision of posts by the tendering procedure, the general rules governing the organisation of the civil service shall be subject to the provisions of the general rules governing the organisation of the public service. especially the age in the Body, as well as the services effectively provided to it and the performance of any other posts in the Public Administration, when they are assigned an equal or equal level of complement superior to that established for the posts of the Social Security Administration.

2. The merits related to the previous section will be appreciated throughout the entire professional life.