By Joint Order of the Ministries of Justice and Economy and Finance of 30 December 1997, the supplementary remuneration to be paid by the members of the Judicial and Fiscal Careers for the benefit of the of on-call services. The Order of 21 February 1997 also sets out the amount of the supplement to the service of officials of the service of the Administration of Justice.

These Orders were partially modified by Order of 26 April 2000.

The Organic Law 5/2000, of 12 January, regulating the Criminal Responsibility of the Minors, places the Prosecutor's Office in a relevant position, in its double condition of institution that the Constitution has entrusted to it. the role of promoting the action of justice and the defence of legality, and of ensuring the rights of minors.

In accordance with Article 6 of the aforementioned Law, it is for the Prosecutor's Office to defend the rights granted to minors by the laws, as well as to monitor the actions to be carried out in their interest and the observance of the guarantees of the procedure, for which he will personally direct the investigation of the facts and order that the Judicial Police practice the necessary actions for the verification of those and the participation of the minor on the same, driving the procedure.

In this regard, it is also foreseen that the Prosecutor's Office will have to resolve, within forty-eight hours of detention, the release of the child or the opening of the file, making the child at the disposal of the Judge of competent minors, and may ask the Judge, at any time, for the adoption of precautionary measures.

For the attention of any incidence outside the working day that requires the intervention of the Fiscal Ministry, according to the provisions of the Organic Law of the Criminal Responsibility of the Minors, it turns out necessary to strengthen the system of guards of the members of the Fiscal Career and of the officials assigned to Fiscalas who attend them.

With regard to the guards of the Courts of Minors, the General Council of the Judiciary, by Agreement of 10 January 2001, has approved the amendment of the Regulation number 5/1995, of June 7, of the The Court of Justice has also established that the Court of Justice has not been able to take the necessary steps to ensure that the Court of Justice does not have the right to apply.

For all of the above, in order to comply with the new tasks resulting from the entry into force of the Organic Law 5/2000 of 12 January, regulating the Criminal Responsibility of the Minors, the content of the Orders of 21 February and 30 December 1997.

This provision is made in accordance with the powers conferred by Article 13 of Law 17/1980 of 24 April, on the Retributive Regime of Officials of the Administration of Justice, in the wording given by the Articles 56 of Law 42/1994 of 30 December 1994 of Fiscal, Administrative and Social Order Measures and 112 of Law 13/1996 of 30 December, heard by the most representative trade union organisations and the Autonomous Communities concerned which have the transfer of functions in the field of personal, material and economic resources, as well as the Tax Board.

In its virtue, on the proposal of the Ministers of Finance and Justice, prior to the report of the General Council of the Judiciary, I have:

Article first. Special 24-hour guard service of the members of the Fiscal Career.

An Article 2a is added to the Order of 30 December 1997, which is worded as follows:

" Article 2a. Twenty-four-hour special duty service of members of the Fiscal Career.

For the attention of any incident that requires, in accordance with the provisions of the Organic Law of the Criminal Responsibility of the Minors, the intervention of the Prosecutor's Office, a guard of twenty-four will be established hours by a member of the Tax Race in the provincial capitals of four or more Minors ' Courts. Due to the increased penalties for the performance of this service, the Prosecutor will be credited with eight points per guard. "

Article 2. Service of the weekly availability of the Judicial Career in populations with four or more Courts of Minors.

An article 4a is added to the Order of 30 December 1997, which is worded as follows:

" Article 4a. Service of the weekly availability of the Judicial Career in populations with four or more Courts of Minors.

For the greatest penosity that it entails, in populations with four or more Courts of Minors, the service of the weekly periodicity in conditions of continuous localization to attend, punctually, the own incidents of the on-call service which may be removed, in which case they shall be immediately incorporated, four points shall be credited per week to the head of the judicial body. "

Article 3. Special service for the permanence and availability of the members of the Fiscal Career.

An article 6a is added to the Order of 30 December 1997, which is worded as follows:

" Article 6a. Special service for the permanence and availability of the members of the Fiscal Career.

For the attention of any incident that requires, in accordance with the provisions of the Organic Law of the Criminal Responsibility of the Minors, the intervention of the Fiscal Ministry, will be established:

(a) A service of a permanent guard, on a weekly basis, on a working day basis from nine to fourteen hours and from seventeen to twenty hours, from Monday to Saturday, as well as on Sundays and holidays from ten to fourteen hours, remain on the basis of a member of the Fiscal Career in the following provincial capitals, outside of the expressed time margins, in a situation of availability and in conditions of continuous location:

Seville, Valencia, Zaragoza, Malaga, Bilbao, Palma de Mallorca, Ceuta, Melilla, Santa Cruz de Tenerife, Las Palmas de Gran Canaria, Alicante, Oviedo, Cadiz, Granada, Murcia, A Coruña and Pontevedra.

For the greatest penalty that the performance of these guard services entails, each Prosecutor will be credited with nine points per week.

b) A service of availability on a weekly basis and in conditions of continuous location, by a member of the Fiscal Race in the Fiscalas of the other provincial capitals.

For the greatest penalty that the performance of these guard services entails will be credited to each Prosecutor who provides him with four points per week guard. "

Article 4. Twenty-four-hour special on-call service for officials posted in Fiscalas.

A second paragraph is added to the Order of 21 February 1997, which is worded as follows:

" Second bis. Twenty-four-hour special on-call service for officials posted in Fiscalas.

To assist the Prosecutor's Office in any incident that requires, in accordance with the provisions of the Organic Law of the Criminal Responsibility of the Minors, the intervention of the Prosecutor's Office, a Twenty-four-hour guard service by three officers of the Corps of Officers, Auxiliary or Agents destined for the Fiscalas of the provincial capitals with four or more Courts of Minors. "

For the greatest penalty that the performance of this service entails, the official will be credited with eight points per guard.

The duty shifts to be established shall be approved by the Chief Prosecutor who corresponds among the officials of the Prosecutor's Office, on a rotating basis, in accordance with the criteria of equity, and according to the technical requirements and service professionals.

Article 5. Service of weekly guard of availability of officials of Courts in populations with four or more Courts of Minors.

An article fifth bis is added to the Order of 21 February 1997, which is worded as follows:

" Fifth bis. Service of weekly guard of availability of officials of Courts in populations with four or more Courts of Minors.

For the greatest penosity that it involves performing, in populations with four or more Courts of Minors, the weekly periodicity guard service remaining at the disposal of the head of the organ under conditions of continuous localization In order to take account of the actual incidents of the on-call service that may be raised, in which case they will be immediately incorporated, four points shall be credited per week to the Registrar, an Officer, an Auxiliary and a Agent. '

Article 6. Special service for the permanence and availability of officials of the Fiscalas.

A paragraph 7a is added to the Order of 21 February 1997, which is read as follows:

" Article 7a. Special service for the permanence and availability of officials of the Fiscalas.

To assist the Prosecutor in any incident that requires, in accordance with the provisions of the Organic Law of the Criminal Responsibility of the Minors, the intervention of the Prosecutor's Office, will be established:

(a) A service of a permanent guard, on a weekly basis, on a working day basis from nine to fourteen hours and from seventeen to twenty hours, from Monday to Saturday, as well as on Sundays and holidays, from ten to fourteen hours, remaining, outside of the expressed time margins, in a situation of availability and in conditions of continuous location by two officials of the Corps of Officers, Auxiliary or Agents destined for the Fiscalas of the following Province capitals: Seville, Valencia, Zaragoza, Malaga, Bilbao, Palma de Mallorca, Ceuta, Melilla, Santa Cruz de Tenerife, Las Palmas de Gran Canaria, Alicante, Oviedo, Cadiz, Granada, Murcia, A Coruña and Pontevedra.

For the greatest penalty that the performance of these guard services entails, the officials will be credited with nine points per week.

(b) A service of call for availability on a weekly basis and in conditions of continuous location, by two officers of the Corps of Officers, Auxiliary or Agents destined for the Fiscalas of the other capitals Province.

For the greatest penalty that the performance of these guard services entails will be credited to every official who provides him with four points per weekly guard.

The duty shifts to be established shall be approved by the Chief Prosecutor who corresponds, among the officials of the Prosecutor's Office, on a rotating basis, in accordance with the criteria of equity and according to the technical requirements and service professionals. "

Single end disposition. Entry into force and economic effects.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State, producing economic effects as from 13 January 2001.

Madrid, 23 April 2001.

LUCAS GIMENEZ

Excms. Mr Ministers for Justice and Finance.