I

The Organic Law 8/2012 of 27 December, of measures of budgetary efficiency in the Administration of Justice, amending the Organic Law 6/1985, of July 1, of the Judicial Branch (hereinafter LOPJ), has introduced significant changes in the system of replacements in the judicial career in order to ensure the provision of the public service of justice, raising the levels of professionalisation, taking a number of measures with regard to the vacancies, statutory absence of holders, or, where appropriate, reinforcing measures, which they do the decisions are likely to be handed down by professional judges to the majority and that the action of substitute judges and alternate magistrates should be exceptional.

The Fiscal Ministry, an organ of constitutional relevance, with its own legal personality, integrated in the judicial branch with functional autonomy, also needs to have a system of professional substitutions between the members of the tax race who, in accordance with the provisions of their own Organic Statute, and in tune with the reform operated in the LOPJ, set and order the most relevant criteria of the same and allow for a better distribution of the work among its members.

II

The fourth additional provision of Law 50/19981 of December 30, which approves the Organic Statute of the Fiscal Ministry, states that " members of the tax race will replace each other, according to the provided for in this Statute, in the regulations implementing it and in the Instructions which, in general, the Prosecutor General of the State will dictate "and that" the legal regime of the substitute prosecutors will be the subject of regulatory development in similar terms to what is foreseen for substitute magistrates and substitute judges in the Organic Law of the Judicial Power which shall be of application ".

At present, the regime of selection, appointment and cessation of substitute prosecutors in the Supreme Court and substitute tax lawyers has been the subject of regulation by Royal Decree 326/2002 of 5 April, amended by Royal Decree 92/2006 of 3 February and subsequently by Royal Decree 1/2008 of 11 January 2008.

III

This royal decree seeks, on the one hand, to regulate the regime of substitutions in the Fiscal Ministry in a manner more in accordance with the legal mandate, developing the legal regime of the substitutions between members. of the tax race in line with the modification of the LOPJ in the field of substitutions in the judicial career and, on the other hand, to complete the existing legislation currently previewed for the appointment of substitute tax lawyers with a the rights, obligations and functions of the substitute tax lawyers, in order to to attend to the recommendations of both legal institutions and the ombudsman, as well as to the wishes expressed on numerous occasions by the collective.

Similarly, and in order to satisfy the demands of the associations of substitute tax lawyers, essential aspects have been regulated for the exercise of the reinforcement and/or support tasks of the procuratorates, Among other aspects, the system of incompatibilities, duties, the system of disciplinary and permit liability and licenses, all adapted to the particularities and temporality during the effective exercise of the These functions.

IV

The royal decree is structured into four titles.

Title I sets the object and general rules of the regime applicable to substitutions.

As a general rule, it is established that substitutions must be made on a preferential basis between the members of the tax race in accordance with Law 50/1981 of 30 December, and that, exceptionally and only When replacements cannot be made in this way, the appeal of substitute tax lawyers is to be found.

The Attorney General of the State will be responsible for the organization and management of the substitutions through instructions under development of the regime provided for in this royal decree.

Title II regulates substitutions between members of the tax race.

Taking into account the self-organization capacity of the procuratorates, the responsibility of the organization of the system of replacements is attributed to the provincial chief prosecutors who will have to coordinate properly with the The tax authorities of the Autonomous Community will be the higher prosecutors who are responsible for organizing, coordinating the system of replacements in their territory and ensuring their proper functioning.

It is also determined that the substitutions between the members of the tax race will have a provincial scope, being able, exceptionally, and taking into account the distance between the different fiscalas or territorial sections, Rebase the same.

Title III regulates the legal regime of substitute tax lawyers who perform functions of non-permanent support or reinforcement in the Fiscal Ministry. The accumulated experience advises to modify the selection criteria giving priority to those aspirants who have passed the phase of opposition to the judicial and fiscal career and who have not obtained square, as well as to the antiquity in the exercise of replacement functions in the tax race, setting a maximum limit for places that can be offered for each prosecution, in line with the exception of non-professional replacements, and simplifying the system of incompatibilities. Finally, in a separate chapter the appointment, cessation and the regime of acting of the substitute prosecutors in the Supreme Court is regulated.

Title IV regulates, the regime for the appointment and performance of the prosecutors of Chambers of the Supreme Court, in accordance with the provisions of the Additional Disposition third of Law 50/1981, of December 30, of the Statute The Office of the Prosecutor General of the Prosecutor General of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic

V

In the final part, the only transitional provision concerning the possibility of extending the appointment of substitute tax lawyers pending the appointment of substitute tax lawyers should be highlighted. in application of the selection criteria contained in the present royal decree and the only derogatory provision that previews the repeal of the Royal Decree 326/2002, of 5 April, of the regime of appointment of substitute members of the Ministry Prosecutor.

In the preparation of this provision, the hearing procedure referred to in Article 24 of Law 50/1997 of 27 November of the Government has been fulfilled and the Fiscal Council has been informed, in accordance with Article 14.4.j. of Law 50/1981 of 30 December, on the approval of the Organic Statute of the Fiscal Ministry.

In its virtue, on the proposal of the Minister of Justice, according to the Council of State and after deliberation of the Council of Ministers at its meeting of July 25, 2014,

DISPONGO:

TITLE I

From substitutions in the tax race

General provisions

Article 1. Object.

The present royal decree is intended to regulate the legal regime of the substitutions between the members of the tax race, the substitute prosecutors in the Supreme Court and substitute tax lawyers who, without belonging to the tax race, perform functions of non-permanent support or reinforcement in the procuratorates, as well as of the prosecutors of the Supreme Court's Chambers.

Article 2. General replacement rules.

1. Members of the tax race shall be replaced with each other and only, exceptionally, in cases where it is not possible to otherwise ensure the proper provision of the service may be used for the appointment of substitute tax lawyers.

2. The substitution will proceed in the following situations:

a) Vacant plazas are provided by the corresponding destination provision contest.

b) Regulatory absence of the holders of their job.

c) Administrative situations with job reservation.

(d) Where the exceptional increase in tax functions or the special complexity of the cases entrusted or other circumstances determine the need to strengthen or support a Public Prosecutor's Office.

Article 3. Budgetary control measures.

1. The chief prosecutors or the higher prosecutors in their case, before proceeding to the appeal of career prosecutors or substitute tax lawyers, will request the approval of the Attorney General of the State that will check if the requirements are met Article 2 of this Royal Decree and in particular if there is sufficient budgetary availability. In no case may any form of substitution be authorized if there is no budgetary availability, all within the framework established by the protocol to be signed annually by the Ministry of Justice and the Office of the Prosecutor General of the State. effects of planning such measures that it is possible to adopt.

2. Once the replacement or the support or reinforcement measure has been carried out, it shall be certified by the Office of the Prosecutor General of the State, who shall inform the Ministry of Justice of its credit.

TITLE II

Substitution regime among tax career members

CHAPTER I

General provisions

Article 4. Scope, character, and system management.

1. The replacement will have a provincial scope and a voluntary nature. However, taking into account the distance between the different procuratorates or territorial sections, the provincial scope may be exceeded. Also, exceptionally and when the needs of the service require it, the forced substitution may be used.

2. In order to allow participation in the system of replacements for all those members of the tax race who so request, it shall be ensured that each call to carry out replacement, support or reinforcement tasks does not exceed one hundred and eighty days per year and that each prosecutor does not simultaneously assume more than one substitution.

3. The management will be centralized in the State Attorney General's Office, which will ensure the strict compliance with the budgetary availability. It is up to the tax authorities to ensure the correct implementation of the replacements or support measures or reinforcement in their territory, resolving the issues which may arise, correcting irregularities and promoting, where appropriate, the demand for the responsibilities to be taken. Higher prosecutors shall ensure the proper functioning of the system at its territorial level.

CHAPTER II

Substitute lists and appeals

Article 5. Annual plan of replacements. Drawing up the lists.

1. The provincial heads of state will have to submit to the corresponding top prosecutor by 1 November each year, the provincial list of candidates to make the substitutions for which they will have to be adequately coordinated with the Chief prosecutors of the area of your province. In the same way, the top prosecutor will draw up the list of candidates from the autonomous community's procuratorate.

2. Upon receipt of such lists, the higher prosecutors will proceed to their approval and subsequent referral to the State Attorney General for final approval, before December 8.

3. The listings will be valid for one year.

4. Without prejudice to the provisions of the preceding paragraphs, new candidates may be included in the lists if necessary during the year. For the inclusion in the lists of new candidates, the procedure described in this article will proceed.

Article 6. Rules for the call of candidates included in the replacement lists.

1. If one of the situations referred to in Article 2 is produced, the chief prosecutor shall select the prosecutor or prosecutors to do the replacement in accordance with the criteria and in accordance with the order of appeal established in the instructions to be issued by the State Attorney General.

2. By way of exception, if there are no voluntary candidates in a public prosecutor's office and reasons for geographical proximity or the appropriate provision of the service, the heads of state prosecutors will be able to proceed with the call for tax-integrated list of other province or, where appropriate, the prosecution of the autonomous community, for which they will be properly coordinated with the affected heads of prosecutors.

Where the appeal is to be the top prosecutor and does not have candidates on its list, it may proceed in the same way to the appeal of candidates integrated in the relevant provincial list.

3. Any replacement to be carried out in a separate prosecution in which the selected person exercises his duties shall require the consent of the person concerned to appeal.

4. The prosecutor shall be functionally dependent on the chief prosecutor of the territory in which he acts at any time.

Article 7. Rules for forced appeal.

1. Only in exceptional cases, where substitution is not possible in accordance with the rules of the previous article and the reasons for the service so advised, the chief prosecutor or the superior prosecutor may, if necessary, appeal to any of the the prosecutors of his staff, in accordance with the criteria laid down in the instructions of the State Attorney General for such appeals.

Any forced appeal will be made after hearing the affected prosecutors and ensuring that the replacement tasks do not impair the normal performance of the functions they have attributed to them.

2. In no case may the forced appeal of a prosecutor be made to perform a replacement outside the prosecution in which he exercises his duties.

3. The forced appeal will be communicated by the chief prosecutor or the superior prosecutor in his case to the State Attorney General and its duration may not exceed one hundred and eighty days a year.

TITLE III

Substitute tax lawyers

CHAPTER I

General provisions

Article 8. Substitute tax attorneys.

When, in one of the situations referred to in Article 2, there is a need to strengthen or support the work of a public prosecutor's office, and exceptionally, the system of replacements between the members of the public prosecutor's office cannot be used. Tax career, may be called to the exercise of support functions or reinforcement of substitute tax lawyers.

Article 9. Functions.

1. The substitute tax lawyers will carry out support or reinforcement activities in the prosecutor's office for which they have been called, carrying out the functions of the Prosecutor's Office assigned to them by the Chief Prosecutor, by virtue of their powers organizational and management.

2. The appeal of a substitute tax lawyer in the terms established by this royal decree will not imply the assumption of the workload of the career prosecutor whose administrative situation or regulatory absence has given rise to the appeal, but of all those tasks entrusted to it.

3. Substitute tax attorneys will attend the boards with a voice but no vote, when called by the chief prosecutor.

CHAPTER II

Selection of substitute tax lawyers

Article 10. Public competition.

1. Each year, on a reasoned proposal from the State Attorney General, the Minister of Justice will determine the number of substitute tax lawyers who will be required to carry out reinforcement or support tasks in each prosecution during the following judicial year and may, in your case, call a public tender for your selection by announcing that it will be published in the "Official State Gazette".

2. To take part in the contest will be required:

(a) To be licensed or graduated in law and to meet the requirements for income in the tax race, contained in Articles 43 and 44 of Law 50/1981, of 30 December, for which the Organic Statute of the Fiscal Ministry.

(b) Not having met the retirement age, in accordance with the provisions of Article 201.2 of the Organic Law 6/1985 of 1 July of the Judiciary.

(c) Issue a formal declaration of no or, where appropriate, having performed in the last two years, employment, employment, or otherwise incompatible occupation, in accordance with Article 20, in the territory of the public prosecutor's office in which the appointment as a substitute tax lawyer, with a specification of the incompatible employment, position or profession.

(d) Not having been inauspicious in a sufficiently motivated and justified report, stating the lack of aptitude or suitability in performance of the duties entrusted, in the terms contained in the article 14.

(e) Not having been terminated as a substitute tax lawyer for the reasons of termination referred to in Article 27 (f) and in the terms of Article 14, nor being disabled for the exercise of any public functions or the tax ministry.

f) Not having been dismissed as a substitute magistrate, substitute judge and substitute judicial secretary for lack of suitability or fitness.

g) Not having been separated by disciplinary procedure of the Judicial Race, the Fiscal Race, a State Body, the Autonomous Communities or Local Administrations, or suspended for the exercise of public functions on disciplinary or judicial terms, unless duly rehabilitated.

h) Not to have waived the appeal in the terms contained in Article 17.

3. The instances and documents accompanying the application shall relate to the model to be published with the call.

Article 11. Limitation of appointments.

In no case will the number of appointments of substitute tax lawyers exceed 10% of the total career tax staff, excluding vacant positions at the time of the call. However, where there are exceptional circumstances of lack of headlines, the Ministry of Justice may, on a proposal from the State Attorney General, temporarily suspend this limitation.

Article 12. Valuation fee.

A valuation commission consisting of five members, two appointed by the Attorney General of the State and two others by the Directorate General of Relations with the Administration of Justice and chaired by an alternative. Member of the Office of the Prosecutor General of the State or the Ministry of Justice shall evaluate the merits alleged by the contestants.

This commission will also prepare the provisional lists of selected and excluded, resolving the complaints that may be submitted to them and will raise the proposal for a definitive list of applicants selected for approval and subsequent proposal for appointment to the Minister of Justice.

The constitution, actions, abstention and recusal of the members of the valuation commission shall be governed, as soon as it is applicable, by the provisions of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

Article 13. Selection criteria.

1. A list of substitute tax lawyers will be drawn up with the following order of preference:

1. º The persons who had approved the three exercises of the opposition phase of the selective process for access to the Judicial Race by the category of Judge, and to the Tax Race by the category of Tax Attorney, by the Free shift, and would not have obtained a place, will have absolute preference to be appointed substitute tax lawyers.

The priority in the list will be determined by rigorous order of the score obtained in the opposition phase.

2. º Persons who have belonged to the judicial or tax career for a period of not less than ten years will also have preference with respect to the other candidates to be appointed substitute tax attorneys.

3. The order of precedence of the remaining candidates shall be set by the merits of each applicant according to the scale set out below:

(a) The effective and duly accredited exercise of replacement functions shall be valued at a maximum of 4,30 points:

In the tax race it will be valued at 0.30 points per year. Cumulative periods not completed in the year shall be counted at 0,15 for six months, without in any event any periods of less than six months.

The performance of the function of the former substitute district attorneys, provided that they have been carried out after the entry into force of the Organic Law 5/1981, of 16 November, of Integration of the Carrera Judicial and the Secretariat of the Administration of Justice, will be valued at 0.30 points per year. Cumulative periods not completed in the year shall be counted at 0,15 for six months, without in any event any periods of less than six months.

In the judicial race it will be valued at 0.20 points per year. Cumulative periods not completed in the year shall be calculated at the rate of 0,10 for six months, without in any event any periods of less than six months.

The performance of the function of the former substitute district judges, provided that they have been carried out after the entry into force of the Organic Law 5/1981, of 16 November, of the Integration of the Judicial Career and the Secretariat of the Administration of Justice, will be valued at 0.20 points per year. Cumulative periods not completed in the year shall be calculated at the rate of 0,10 for six months, without in any event any periods of less than six months.

In the Body of Judicial Secretaries, it will be valued at 0.10 points per year. Cumulative periods that do not complete the year shall be computed at the rate of 0,05 for six months, without in any case periods of less than six months.

b) Participation in oppositions: Overcoming the oral exercises and the written exercises of development of themes that integrate or have integrated the tests of access by the free to the judicial or fiscal careers value by 0.50 points for each exercise exceeded, up to a maximum of 2 points, or the Judicial Secretaries Body, 0.50 points for each exercise exceeded, up to a maximum of 1 point.

For such purposes, it shall not be considered as a qualifying merit to exceed the stage of competition established in certain specific procedures for access to the judicial career.

c) Academic merit: Being in possession of the title of Doctor of Law will be valued at 0.50 points. In no case shall the attendance at work, the attainment of diplomas, the carrying out of work or studies or the improvement of courses which the candidate has been able to carry out within the doctoral programme or second degree of Doctor in Right.

Being in possession of the degree or graduate degree in Criminology will be valued with 0.20 points.

d) Effective and duly accredited exercise of other legal professions: The performance of other legal professions will be valued at 0.10 points for every six months accredited, up to a maximum of 1 point. For these purposes, the legal professions of a lawyer of the substitute state or of the free exercise of the profession of lawyer or prosecutor of the courts shall be regarded as legal professions. The professions of lawyer and procurator of the courts shall be assessed as merit only if the following conditions are met: discharge and collegiation as an exercise, for a minimum of three years, in the relevant professional college and accredit, through the certification of the judicial clerk of the procedure, the intervention as a lawyer in, at least, 15 different judicial procedures for every six months to be asserted, or as a procedural representation in, to the less, 120 different legal proceedings for every six months to be sought to assert. In no case shall the lawyer of mere advisory services, legal aid or mediation be valued.

For the purposes of this paragraph, the occupation of posts of advisory or legal content in the public administration that do not involve the real and effective intervention before the courts in defense of any one shall not be valued. of the parties.

e) Teaching activities: University teaching in one of the following legal disciplines: constitutional, criminal, civil, administrative, labor, commercial and procedural law; it will be valued with 0.20 points for each year of exercise, up to a maximum of 1 point. In order for this merit to be scored, it will be required that teaching has been given as a teacher in some of the modalities provided for in Title IX of the Organic Law 6/2001, of 21 December, of Universities. The different teaching modalities referred to in that legal body shall be of a taxative nature. Teaching is excluded from foreign centers in Spain according to the educational systems of other countries. The term 'teacher' means the year in which at least 100 teaching hours of teaching had been given.

(f) Autonomous Community's own right: Knowledge of the self-rule of the Autonomous Community, which shall be assessed on the basis of the official titles of the relevant academic authority, shall be valued up to a maximum of 0.90 points. For these purposes, three levels of knowledge, basic, medium or higher, are established, with a valuation, for each of them, of 0.30 points.

Only the score obtained by this merit will be taken into account if the requested square corresponds to the autonomous community in which that right is governed.

g) Co-official languages: Knowledge of the self-official language of the Autonomous Community, accredited by an official title issued by the competent public body, shall be valued up to a maximum of 0.90 points. For these purposes, three levels of knowledge, basic, medium or higher, are established, with an assessment of each of them of 0.30 points.

Only the score obtained by this merit shall be taken into account if the requested square corresponds to the autonomous community in which the language is co-official.

2. On equal terms, preference will be given to those who are older in the performance of substitution functions in the tax race. If the tie persists, it will be resolved in favour of the candidate who has obtained a better score in paragraph 3 (a). If the tie persists, it will be decided in favour of the candidate who would have obtained the best score in the letter. b) and so on with the rest of the merits of paragraph 3. º until the tiebreaker is achieved.

3. The lack of aptitude or suitability in carrying out the tasks entrusted, justified and found in a reasoned and duly substantiated report issued by the Chief Prosecutor in the terms of Article 14 shall automatically determine the exclusion of the process, regardless of the merits of the applicant, which will not be assessed.

4. Once the applications have been received, within two months of the end of the period of presentation provided for in the call, the valuation commission shall make public, at the headquarters of the Office of the Prosecutor General of the State and in those of the procuratorates of the Autonomous communities, provincial procuratorates and area fiscalis where appropriate, the provisional lists in which a relationship of the selected applicants will be contained in the process, the assessment of each of its merits and the total score obtained. The relationship of excluded applicants with an indication of the cause of exclusion shall also be included.

5. Applicants who have opted for substitute tax lawyers for different tax authorities will be included only in the list of those prosecutors in which they would have obtained the best position.

6. From the day following the publication of the provisional lists of the selected and excluded candidates, a period of 10 calendar days shall be initiated for claims to be made to the assessment committee.

The selected applicants may only make allegations that are strictly related to the assessment of merits that have been accredited, for which no additional documentation will be accepted. The referred processing of claims shall not entail the invocation or accreditation of other merits than those of the application.

Excluded applicants will be able to make allegations to the cause that has motivated their exclusion.

7. In the light of the arguments put forward and hearing the person concerned, upon request, the assessment committee shall settle the complaints and draw up the proposal for a final list of the applicants selected, in accordance with the order of preference established in the present royal decree and with the total score obtained, ordered from greater to lesser, taking into account, in turn the order of preference manifested by the interested party and the needs of the service, which will raise to the State Attorney General for approval. The final list of the selected candidates will be published at the headquarters of the State Attorney General's Office and in those of the autonomous communities, provincial procuratorates, and area prosecutors in their case.

8. The reasoned decision to exclude candidates from the proceedings shall be notified personally and individually to each of the persons concerned, in so far as it affects them.

Article 14. Exclusion from the selection process.

Will be causes of exclusion from the selection of substitute tax lawyers:

(a) The lack of fitness or suitability in the performance of fiscal functions, justified and verified in a reasoned and duly substantiated report issued by the Chief Prosecutor. Such a report shall be reviewed and appraised by the Office of the Prosecutor General of the State, who shall give a reasoned decision.

(b) The termination of the termination as a substitute tax lawyer in accordance with Article 27 (f).

(c) The termination of a substitute, substitute magistrate or substitute judicial secretary for lack of suitability or fitness.

(d) The resignation of the interested party to an appeal in the term of validity of the appointment without justified cause or the waiver of two consecutive calls, in accordance with the terms laid down in Article 17.

The cause described in subparagraph (a) shall mean the exclusion of the data subject in the two selection processes immediately following their production.

The causes set out in paragraphs (b) and (c) shall mean the exclusion of the person concerned in the selection process regulated in this royal decree in the three selection processes immediately following his/her decision. production.

The cause set out in paragraph (d) shall mean the exclusion of the data subject from the selection process immediately following its production.

Any exclusion of an applicant must be notified in writing and in a reasoned manner.

Article 15. Appointment.

1. The Attorney General of the State, after hearing the Fiscal Council, will propose to the Minister of Justice, by means of a reasoned statement, the appointment of the substitute tax lawyers for the next judicial year. In the light of the proposal, the Minister of Justice will make or reject the appointments and draw up a list of substitute tax lawyers appointed for each provincial prosecutor. In addition, lists may be drawn up for area fiscalis where, for reasons of the size of the template, they are recommended. The lists shall be drawn up in accordance with the order of preference set out in this royal decree and the score reached by the substitute tax lawyers, who may be called, within the judicial year, to the performance of functions supported or strengthening of the Fiscal Ministry.

2. The appointments of the substitute tax lawyers will be published in the "Official State Gazette" and will be communicated to the State Attorney General and the respective chief prosecutors. The insertion in the "Official Gazette of the State" shall include an express indication of the possible remedies against the resolution of appointment.

3. Where, due to extraordinary circumstances arising from the resignations of designated substitute tax lawyers or increases in employment, they may be advised, new substitute tax lawyers may be appointed in accordance with the procedure described for what the judicial year has left between the participants who applied for the prosecution in question and who could not be appointed for the limitation of places called, provided that they did not measure a negative report of suitability.

Article 16. Extension of appointment.

1. The Attorney General of the State, after hearing the Fiscal Council, may make a reasoned proposal to the Minister of Justice of the substitute tax attorneys who can be extended in each prosecution, for one time for the next judicial year. The report of lack of aptitude or suitability issued by a chief prosecutor, reviewed and appraised by the State Attorney General, who will dictate a reasoned resolution on this matter, will determine the impossibility of extending the appointment to the candidate. affected.

2. In the light of the proposal of the State Attorney General, the Minister of Justice shall, on the basis of the extension of the appointment, carry out or reject the extension of the appointment and draw up a list of substitute tax lawyers appointed for each provincial procuratorate or procuratorate. In the area where, the reasons for the volume of the template are recommended, who may be called, within the judicial year, to the performance of this function.

3. The resolution of the extension of the appointments of the substitute tax lawyers will be published in the "Official Gazette of the State" and will be communicated to the Attorney General of the State and the respective chief prosecutors. The insertion in the "Official Gazette of the State" shall include an express indication of the possible remedies against the decision to extend the appointment.

CHAPTER III

Access and performance of the function

Article 17. Appeal and notification.

1. The appeal of the substitute tax lawyers will be carried out by rigorous order of punctuation between the appointed for each prosecution. The chief prosecutor before proceeding to the appeal in accordance with the instructions of the Attorney General of the State shall submit it to the approval of the Office of the Prosecutor General of the State which shall verify that the requirements laid down in Article 2 and in the There is sufficient budgetary credit to proceed with the appeal.

2. The notification to whom it would have been called is, in any case, the responsibility of the chief prosecutor of the public prosecutor's office in which the services are to be provided.

3. Substitute tax lawyers may reject the appeal for duly justified reasons, within the time limit, in which case they shall move to the last place on the list of selected persons. However, once the second consecutive waiver is produced, they will be deemed to waive future appeals during the term of the appointment and/or in their case of the extension and will not be able to participate in the next selection process. convoke.

4. Those who do not justify the rejection in an accredited and accredited manner shall be deemed to give up future appeals during the term of the appointment and/or in their case of the extension and may not participate in the following selection process convoke.

Article 18. Inauguration and oath or promise.

Substitute tax lawyers called upon to perform support or reinforcement tasks with budgetary availability shall take possession within three days of receipt of the notification to the Chief Prosecutor. corresponding. In the same act, they will take oath or promise to keep and keep the Constitution and the Laws and faithfully perform the fiscal functions, if they have not done so before, which they will prove to be documented.

Article 19. Inspection and evaluation.

1. The respective chief prosecutors shall exercise the powers of inspection provided for in the Organic Statute of the Fiscal Ministry with respect to the substitute tax lawyers, taking care that their actions are carried out with due care and due diligence in the fulfilment of the duties of the office and in each case adopting the appropriate measures.

2. The chief prosecutors will refer to the State Attorney General's Office, within the first thirty days of the calendar year, a detailed and detailed aptitude report on the activity developed by the substitute tax attorneys.

3. The substitute tax lawyer who, in the performance of his duties, receives a report of lack of fitness or suitability, reviewed and appraised by the Office of the Prosecutor General of the State, who will give a reasoned decision on this matter, shall be excluded from the process of selection in accordance with the provisions of Article 14 (a). The Chief Prosecutor shall forward to the Office of the Prosecutor General of the State the said report, who once appraised the accuracy and motivation of the report, shall notify the substitute tax lawyer himself, so that the person concerned may exercise his right to access to the all of his/her file, giving him a period of 15 days to make allegations and to present the documents and information that he considers relevant to the State Attorney General. After that period the Office of the Prosecutor General of the State will decide that it will be motivated and will decide all the questions raised by the interested parties and those other deriving from the procedure.

4. Furthermore, if during the course of the judicial year, the performance of his duties by the substitute tax lawyer deserved a report of lack of fitness or suitability, the chief prosecutor will bring him to the attention of the Attorney General of the State through a informed and reasoned report, who may propose the termination of the appointment to the Ministry of Justice in accordance with the procedure laid down in Article 27 and with the effects of Article 14 (b).

CHAPTER IV

Incompatibilities regime, rights and duties of substitute tax lawyers

Article 20. Incompatibilities and prohibitions.

1. Substitute tax lawyers, during the effective exercise of their duties, shall be subject to the rule of incompatibilities and prohibitions governed by Chapter VI of Title III of the Organic Statute of the Ministry of Public Prosecutor's Office.

2. Those who at the time of being called upon to provide services in a prosecution, who are in employment, employment or an incompatible profession, shall, in the act of taking possession, opt for one or the other charge and shall cease in the incompatible activity.

Substitute tax attorneys who perform any of the activities described in Article 57 of the Organic Statute of the Ministry of Public Health that are liable to be compatible, must request compatibility at the time of their being published the list to provide services in the prosecution by providing the supporting documentation of the same, in application of Law 53/1984, of December 26, of Incompatibilities of the Personnel to the Service of the Public Administrations and of the Law 7/2007, of 12 April, of the Basic Staff Regulations.

3. Substitute tax lawyers who have issued a formal declaration of having carried out an activity, position or profession incompatible with the provisions of Article 10 (c) shall pay particular attention to the duty of abstention, (a) by immediately communicating to the respective Chief Prosecutor all such circumstances as may be a cause of abstention in accordance with the applicable rules. Their non-compliance may be a cause of termination as set out in Article 27 (f).

4. Substitute tax lawyers, during the performance of their duties, shall be subject to the prohibitions laid down in Articles 58 and 59 of Law 50/1981 of 30 December on the Statute of the Prosecutor's Office.

Article 21. Duty of faithful performance of the functions.

The substitute tax lawyers will have the primary duty of faithful compliance with the tasks entrusted to them, promptly and effectively, in accordance with the principles of unity and hierarchical dependence and, in any case, with those of legality and impartiality.

Article 22. Duty of secrecy for substitute tax lawyers.

Substitute tax attorneys will keep the secret of the reserved matters for you to know for charge.

Article 23. General regime of responsibilities.

Substitute tax attorneys will have the same criminal and civil responsibilities as the tax ministry members established in the Organic Statute of the Fiscal Ministry.

The substitute tax lawyers will be subject, in whatever is appropriate to the nature of their condition, to the same disciplinary responsibilities as the members of the Fiscal Ministry and will be required through the procedure provided for in Article 27.

The warning sanction may be imposed directly by the corresponding Chief Prosecutor.

Article 24. Social security scheme.

Once the inauguration has taken place, the Ministry of Justice will be sent immediately to the Ministry of Justice, who will discharge the substitute tax lawyer in the General Social Security Regime and the effects of his inclusion in the corresponding payroll.

Article 25. Permissions and licenses.

Substitute tax attorneys will be able to enjoy the following permits and licenses, duly adapted to the particularities of the temporary and transient nature of their service relationship:

1. Substitute tax lawyers shall have the right to enjoy, unless the needs of the service prevent, during each calendar year, a paid holiday of twenty-two working days, or of the corresponding days in proportion if the service time during the year is less.

2. Substitute tax attorneys will be entitled to a fifteen-day marriage license.

3. Substitute tax lawyers shall be entitled to enjoy a licence in the case of childbirth, adoption and acceptance of both pre-adopted and permanent, the duration and conditions of which shall be governed by general legislation in this field.

4. Substitute tax lawyers shall be entitled to enjoy, by birth, acceptance or adoption of a child, of a paternity leave of 15 days, from the date of birth, of the administrative or judicial decision of a host or of a the resolution to which the adoption is set up.

5. By breastfeeding a child under 12 months, the substitute tax lawyers will be entitled to a reduction in the day.

6. Substitute tax lawyers, by birth of preterm children or by any other cause, must remain in hospital after delivery. They will have the right to reduce the day to a maximum of two hours.

7. Pregnant substitute tax lawyers shall be entitled to the granting of permission for the conduct of prenatal examinations and delivery techniques.

8. Substitute tax lawyers, by death, accident or serious illness of the spouse, of a person to whom he is bound by a similar relationship of affectivity or a relative within the first degree of consanguinity or affinity, shall be entitled to a three-day license, when the event occurs in the same location and five business days, if it occurs in a different location.

These permits will be reduced to two and four working days, respectively, when the death and other circumstances identified affect family members in the second degree of affinity or consanguinity.

9. The substitute tax lawyer who cannot attend the prosecutor's office, will inform the chief prosecutor of the person who is immediately dependent and will apply for the license by crediting the disease and the medical estimate of the precise time for his or her reset.

10. Substitute tax lawyers will be able to participate in training courses or programs related to their functions, taught by the Center for Legal Studies, in their distance or online mode.

11. The paid leave scheme will be provided for the members of the tax race in accordance with the Organic Statute of the Fiscal Ministry and the Organic Law of the Judiciary.

Article 26. Membership in partnerships for the defense of your interests.

Substitute tax lawyers may constitute and form part of their own associations for the defence of their professional interests in all respects and in the same way as the arrangements provided for in Article 54 of the Staff Regulations. Tax Ministry organic for professional associations of prosecutors.

CHAPTER V

Eesc

Article 27. Reasons for the cessation.

Those who occupy substitute tax attorneys will cease for any of the following reasons:

a) Over the period for which they were appointed.

b) For the disappearance of the needs that motivated his appointment.

c) By waiver of the charge accepted by the respective chief prosecutor.

d) By principal or accessory to disablement for public office.

e) By reasoned resolution of the Minister of Justice declaring the concurrence of any of the causes of incapacity, incompatibility or prohibition established in the Organic Statute of the Fiscal Ministry, on a proposal from the Prosecutor General of the State, after a summary of information with the interested party and the Fiscal Council. The insertion in the "Official Gazette of the State" shall include an express indication of the resources that may be brought against the resolution.

(f) By reasoned decision of the Minister of Justice when warning of lack of aptitude or suitability, either by failing to take care of the duties of the office or by the conscious non-compliance with his or her own functions of the charge, with the same guarantees as to the procedure laid down in the previous paragraph.

g) For compliance with the retirement age, in accordance with the provisions of Article 201.2 of the Organic Law 6/1985 of July 1, of the Judiciary.

CHAPTER VI

Substitute prosecutors in the Supreme Court

Article 28. Appointment and termination.

1. The Minister of Justice may, on a reasoned proposal from the Attorney General of the State and in attention to the needs of the service, appoint substitute prosecutors in the Office of the Supreme Court for each judicial year, without his number exceeding 10 years. % of the staff of the Office of the Prosecutor's Office.

2. The appointments will be in favour of those who, having requested it, meet the requirements set out in Article 10 of this royal decree and are selected on the basis of the greatest professional and academic merits of the those who, at least, will have 15 years of professional practice and will cease for the same reasons as substitute tax lawyers.

3. Exceptionally, in cases of urgency, the Prosecutor General of the State may propose to the Minister of Justice, in particular, the appointment without prior notice, within the limit set out in paragraph 1 of this Article.

Article 29. Scheme of action.

The Supreme Court's substitute prosecutors will act, continuously or discontinuance according to the needs of the service, in accordance with the guidelines and the distribution of work established by the Prosecutor of the Supreme Court. Section room to which they are attached.

TITLE IV

Supreme Court Emeritus prosecutors

CHAPTER I

General provisions

Article 30. Supreme Court Emeritus Courtroom Prosecutors.

The prosecutors of the Supreme Court, once retired, and on the proposal of the State Attorney General, heard the Fiscal Council, will be appointed annually by the Government, Prosecutors of Chambers in the Supreme Court, until to reach the age of 75 years, when they so request, provided that they meet the requirements of Article 200 of the Organic Law 6/1985, of July 1, of the Judicial Branch, for the Magistrates in the Supreme Court and according to the needs for strengthening the Office of the Supreme Court.

CHAPTER II

Appointment, inauguration and appeal of the Supreme Court's Courtroom Prosecutors

Article 31. Appointment.

1. The procedure shall be initiated at the request of the prosecutor concerned in writing to the Prosecutor General of the State to be presented at the Supreme Court's prosecution.

2. Received the request, along with the documentation, the prosecution of the Supreme Court will make the appropriate proposal of appointment of prosecutors of the Supreme Court of the Supreme Court that will have to be and to express the professional circumstances of the proposed. The proposal will also indicate the need for reinforcement or support needed.

3. The Attorney General of the State, heard by the Fiscal Council, shall forward the proposal for the appointment and, where appropriate, the arguments and documents submitted by the interested parties, to the Ministry of Justice, which shall give a decision in advance of at least the one month to the date of compliance with the forced retirement age.

4. The prosecutors of the Supreme Court's Eemerites will be appointed by royal decree agreed upon in the Council of Ministers.

Article 32. Inauguration and appeal of the Supreme Court's Courtroom Prosecutors.

1. The prosecutors of the Supreme Court's Eremitos will take possession before the State Attorney General once the appointment by the Government has been made.

2. The Supreme Court's Supreme Court prosecutors will continue to carry out their duties on an ongoing basis from the date of their appointment, in accordance with the needs of strengthening or supporting the Office of the Supreme Court.

Additional disposition first. Remuneration scheme for replacements.

The government will regulate by royal decree the remuneration of the remuneration provided for in the third transitional provision of Law 15/2003 of 26 May, regulating the remuneration of the judicial careers and fiscal.

Additional provision second. General instructions from the State Attorney General.

The Attorney General of the State, without prejudice to the provisions of this royal decree and in accordance with the provisions of the first paragraph of the fourth provision of Law 50/1981 of 30 December 1981, may issue a instructions of a general nature in relation to the organisation and management of the substitutions, the criteria for action of the procuratorates and the content of the proposals for the adoption of support or reinforcement measures.

Single transient arrangement. Extension of the appointment of substitute tax lawyers.

The appointments of the substitute tax lawyers in force on the date of entry into force of this royal decree are extended, pending the appointment of substitute tax lawyers in accordance with the criteria and selection procedure contained in this royal decree, and in any case for the maximum period of one year.

Single repeal provision. Unique regulatory repeal.

The Royal Decree 326/2002, of 5 April, of a regime for the appointment of substitute members of the Prosecutor's Office, is hereby repealed.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.5. of the Constitution which attributes to the State the jurisdiction over the Administration of Justice.

Final disposition second. Development and execution faculties.

The Minister of Justice is empowered to make the necessary provisions for the development and execution of this royal decree.

Final disposition third. Rules of application.

It will be applicable, as not provided for in this royal decree, with an additional character, and in whatever is appropriate, the provisions of the regulations of the regime of substitutions of the Organic Law 6/1985, of July 1, of the Judicial power, and in Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 25, 2014.

FELIPE R.

The Minister of Justice,

ALBERTO RUIZ-GALLARDON JIMENEZ