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Royal Decree 2396 / 1998, Dated November 6, Which Approves The Regulation Of The Order Of The Civil Merit.

Original Language Title: Real Decreto 2396/1998, de 6 de noviembre, por el que se aprueba el Reglamento de la Orden del Mérito Civil.

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TEXT

The Order of the Civil Merit was instituted by King Don Alfonso XIII, by Royal Decree of 25 June 1926, to reward " the civic virtues of the officials at the service of the State, as well as the extraordinary services of the Spanish and foreign citizens in the good of the Nation ".

The numerous changes experienced since that date, both by the social and political reality of Spain, and by the legal/administrative system, advise the updating of its Rules of Procedure.

In its virtue, on the proposal of the Minister of Foreign Affairs, with the approval of the Minister of Public Administrations, and after deliberation of the Council of Ministers at its meeting of 6 November 1998,

DISPONGO:

Single item. Adoption of the Regulation.

The Regulation of the Order of Civil Merit is approved, the text of which is inserted below:

Single additional disposition. No increase in public spending.

The approval of this new regulation will not increase any public expenditure.

Single transient arrangement. Equating the previous concessions.

The degree of the Band of Lady of the Order of Civil Merit granted prior to the entry into force of this Royal Decree remains equal to that of Grand Cross, without it being necessary to modify, in its virtue, the extended title on your day.

Similarly, the degrees of Cruz de Caballero and Lazo de Dama are equated to the degree of Cruz from the application of this Royal Decree.

The change in the denomination of grades that is made through this Royal Decree does not affect the right to continue to hold the corresponding badges.

Except as determined in the preceding paragraphs, this Royal Decree will not affect the concessions made prior to its validity.

Single repeal provision. Repeal of previous rules.

The Decrees of 7 November 1942, 3 February 1945, 11 September 1953 and 26 July 1957, as well as any rules of equal or lower rank which are contrary to the provisions of the present Treaty, are hereby repealed. Royal Decree.

Final disposition first. Regulatory development.

The Minister of Foreign Affairs is hereby authorized to make the appropriate provisions in order for the development of this Royal Decree.

Final disposition second. Entry into force.

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

Given in Madrid to November 6, 1998.

JOHN CARLOS R.

The Minister of Foreign Affairs,

ABEL MATUTES JUAN

CIVIL MERIT ORDER REGULATION

Article 1. Object of the Order.

1. The Order of the Civil Merit aims to reward the merits of a civil character, acquired by the staff dependent on one of the public administrations included in the scope of Law 30/1992, or by persons other than the Administration, which provide or have provided relevant services to the State, with extraordinary work, successful initiatives, or with exemplary evidence in the performance of their duties.

2. This decoration may also be granted to persons of foreign nationality, provided that they have provided distinguished services to Spain or a notable collaboration in all those matters that are in the interests of the Nation.

Article 2. Grand Master of the Order.

Her Majesty the King is the Grand Master of the Order of Civil Merit. All the decorations of this Order shall be conferred on His name and the corresponding titles shall be authorized with the stamp of His signature.

Article 3. Grand Chancellor of the Order.

The Minister of Foreign Affairs is Grand Chancellor of the Order of Civil Merit. It is up to him to raise to the approval of the Council of Ministers the projects of Royal Decrees of Granting of the Grades of Collar and Grand Cross and to grant in the name of His Majesty the King the lower grades. All titles of the decorations of the Royal Order must be signed.

Article 4. Ministry of the Order.

1. The Assistant Secretary for Foreign Affairs is the Chancellor of the Order.

2. To the Foreign Ministry of the Order, located in the Directorate General of Protocol, Chancellery and Orders, of the Ministry of Foreign Affairs, it will be up to the processing of all the proposals for the granting of decorations of the said Order, to which The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union grant.

3. The Foreign Ministry shall also report on the degree to which it corresponds, assessing the importance of the merits contracted, the professional category and seniority of the person proposed, the age and the decorations that, if any, it possesses; of the Deputy Minister of Foreign Affairs, Chancellor of the Order, proposal for a resolution to the Minister of Foreign Affairs and will proceed to the issue of the titles of the awarded decorations.

Article 5. Restriction of concessions.

In order to bring into effect the concessions of this Order, so that the income and promotion in it constitutes, in fact, an extraordinary occasion that rewards the merits indicated in Article 1 of this Regulation, the The Order's Foreign Ministry will ensure that each concession is duly justified.

Article 6. Merit.

It will be merits to consider for the award of decorations of this Order:

a) The provision of relevant services, of a civil nature, to the State.

b) Performing extraordinary works of undoubted merit.

c) Laboriousness or extraordinary capacity, brought to the attention of the general interest.

(d) The great initiatives of national influence and, in general, the exemplary facts that, in the interests of the country, must be rewarded and stimulated.

Article 7. Concession proposals.

1. Any proposal for decoration shall be submitted to the Ministry of Foreign Affairs and shall contain the following:

a) Name and last name of the person proposed.

b) Nationality.

c) Place and date of birth.

d) Usual residence and domicile.

e) Profession or job position to occupy.

f) Other posts performed.

g) Decorations that you own, if any.

h) Detailed exposure of the merits of the request.

2. The proposals for membership and promotion in the Order should be formulated by:

a) The President of the Government.

b) The President of the Congress of Deputies.

c) The President of the Senate.

d) The President of the Constitutional Court.

e) The President of the General Council of the Judiciary.

f) Government Ministers.

g) The Presidents of the Governing Councils of the Autonomous Communities.

h) The Head of the House of His Majesty the King.

i) The President of the State Council.

j) The President of the Court of Auditors.

k) The Ombudsman.

l) The Heads of Diplomatic Mission or Permanent Representation of Spain.

m) Government Delegates in the Autonomous Communities.

n) The Presidents of the Provincial Diputations and the Cabildos and Insular Councils.

n) Mayors.

3. Any initiative of corporations, associations, institutions or any other entities shall be channeled through the authorities provided for in the previous paragraph, according to the area of activity where the merits were acquired, the territorial scope, or the professional linkage of the proposed person.

Article 8. Concessions to foreign citizens.

The processing of the granting of a decoration to a foreign citizen will require, except in the cases of reciprocity and exchange, the report of the Representative of Spain in the State whose nationality the person has to decorate. The imposition or delivery of the same shall not take effect until the Government of that State gives the appropriate approval, if so, unless extraordinary circumstances are met which do not permit compliance with the this procedure, in which case this circumstance will be notified in advance to the accredited Embassy in Spain.

Article 9. Issue of titles.

1. The Order's Chancellery, once awarded a decoration, will issue the corresponding title, which will be authorized with the stamp of the signature of Her Majesty the King and will be signed by the Grand Chancellor of the Order. The Ambassador-Secretary of the Order, Ambassador-Secretary of the Order, shall then record the fulfilment of the mandate of issue in the same document. Finally, the Second Ambassador of Ambassadors, Master of Ceremonies-Accountant, will take reason of this expedition, signing the back of the title.

2. No decoration of the Order may be used until the person concerned has obtained the appropriate concession title.

Article 10. Degrees of Order.

The Order of Civil Merit will consist of the following degrees: Collar, Gran Cruz, Encomienda de Numero, Encomienda, Cruz de Oficial, Cruz, Cruz de Plata.

For legal persons the Corbata or the Honor Plate will be granted.

Article 11. Description of badges.

The badges corresponding to the different grades of the Order shall be in accordance with the models set out in the Annex to this Regulation, which correspond to the following description:

a) Collar:

The badge will be made up of a central piece representing the National Shield, in gold metal and enamel, with simple quartz, hanging from it the Cross of the Order which is then described, at a size of 56 x 58 mm and completed with double-bouquet of laurel in green enamel.

On both sides of the aforementioned shield, the pieces or links of which the Collar itself is composed, in number of nine pieces, are composed. Five of them, in an oval shape, will be formed by the central allegory of the Cross of the Order, bordered by golden laurel, and will be placed to the left and right of the central shield and alternating with the remaining four pieces that will be formed by a A finely bordered blue glaze blade, and on it, two interlaced laurel bouquets, symbolizing the civic virtues that are awarded. All these links will be joined to the central shield by a double chain formed by flat, Gothic-style rings, completing the set a chain drop that joins the middle part of the first two pieces with the lower shield.

People in possession of the Collar will be able to use, in acts whose ceremonial does not require the same, a Grand Cross of equal characteristics that will then be described for the degree of Great Cross, with the difference of The plate shall carry a double bouquet of laurel in green enamel, and the band shall consist of a silk moare tape, of a width of 101 mm, of an intense blue colour, with two white stripes, of a width of 10 mm, on the edges.

For practical and optional reasons, the ladies will be able to use the Great Cross of the Collar with the dimensions indicated: plate, 69 x 71 mm, band, 45 mm wide and venera, 38 x 42 mm.

b) Great Cross:

It will consist of a silk band of 101 mm wide, which will be placed, tertiary, of the right shoulder to the left side, of intense blue color, divided along a narrow white strip; of the rosette, which will unite the ends of the The Cross of the Order will be called; this will be of golden metal, of 48 x 50 mm, formed by four equal arms, in the form of a blade, enamelled in intense blue, and finally lined with white; between these arms will carry five open bursts of the same metal. In its center, an oval of intense blue enamel, orside of white fillet, with the inscription in gold color "To the Civil Merit", and in the center troquelated in high relief, the characteristic motif of the Order, that will be a registered midwife on a column, with a sword in his right hand, tempered in the fire of sacrifice, as a symbol of the civic virtues.

Among the upper ends of the blades, the real crown will appear. The entire previous set hangs from a green laurel crown in green.

On the left side they will hold a gold plate, of the same design as the previously described Cross, of 74 x 77 mm, carrying also three open bursts of the same metal, placed behind each arm of the blades and excelling them.

For practical and optional reasons, ladies may use the badges of this grade, with the dimensions indicated: plate, 61 x 63 mm, band, 45 mm wide, and venera, 38 x 42 mm.

c) Number of number:

It will consist of a silver plate, with the remaining characteristics equal to those described for the Grand Cross plate, reduced in size to 69 x 71 mm, which will be placed on the left side.

For practical and optional reasons, ladies will be able to use this badge with the size reduced to 56 x 58mm.

d) Understand:

It will consist of a golden cross, of 48 x 50 mm, identical to the venera of the Grand Cross, which will be carried by a ribbon of 45 mm wide, with the colors of the Order, blue and white, as described in the grade. of Great Cross.

Optional and for practical reasons, ladies can use this badge by supporting it with a double loop, with falls, with the colors of the Order and carrying it, as a brooch, on the left side of the chest.

e) Official Cross:

People who have this degree will use a golden cross, identical to the venera of the Grand Cross, pending a ribbon of 30 mm wide, with the colors of the Order and set on the left side of the chest, with a buckle-buckle of gold metal.

For practical and optional reasons, the ladies will be able to use this badge with the size reduced to 38 x 42 mm, supporting it by a double loop, with falls, with the colors of the Order and carrying it, as a brooch, on the left side of the chest.

f) Cruz:

It will consist of a silver cross with the remaining characteristics equal to that of the Great Cross venera and will be held in the same way as the Official Cross.

For practical and optional reasons, the ladies will be able to use this badge with the size reduced to 38 x 42 mm, supporting it by a double loop, with falls, with the colors of the Order and carrying it, as a brooch, on the left side of the chest.

g) Silver Cross:

It will consist of a four-arm cross, in the form of a blade, of 33 x 40 mm, between whose top ends will be the Royal Crown, in silver metal and without any enamel. In the center, superimposed, it will carry a troquelated oval with the inscription "To the Civil Merit" and the characteristic motif of the Order. It will be carried in the same way as the Official Cross.

For practical and optional reasons, the ladies will be able to use this badge by supporting it with a double loop, with falls, with the colors of the Order and carrying it, as a brooch, on the left side of the chest.

h) Corbata and Honor Plate:

The Tie will be granted exclusively to legal persons who have recognized the use of similar flags or ensenas. Its insignia will consist of a silk band with the colors of the Order, similar to the band of the Great Cross, 155 cm long, topped in its ends with golden fringes. In one of its ends it will carry embroidery the badge corresponding to the Order of the Order, 55 x 60 mm. The band shall be bent and knotted to the mast of the show by its upper end, with a blue cord.

The Honor Plate will be awarded to legal persons who do not have the right to use flags.

Your device shall consist of a silver rectangular plate of 30 x 18.8 cm, the central top of which shall be the badge corresponding to the Order of the Order, 55 x 60 mm and below shall be the name of the entity receiver and the grant date.

Article 12. Return of the badges.

1. To the death of the decorated with the degree of Collar, their heirs are obliged to the punctual return of the insignia to the Chancellery of the Order.

This return will be made through the Diplomatic Resentations or Spanish Consular Offices abroad, if the relatives resided outside Spain. The Order's Chancellery will issue the corresponding document, which accredits such a return.

2. The death of the decorated with the remaining degrees, does not oblige their heirs to the return of the insignia, although the death must be communicated to the Chancellery of the Order by the same procedure indicated above, for their due constancy.

Article 13. Treatment of the Order's members.

Order members will have the following treatments:

a) The Knights and Ladies of the Collar, as well as the Knights and Ladies Grand Cross, will receive the treatment of Excellent Lord and Excellent Lady.

b) Those who receive the Encomienda of Number, will have the treatment of Ilustrisimo Lord and Ilustrissima Lady.

c) The other members of the Order will have the treatment of Lord or Lady, followed by Don or Dona in the case of Spanish citizens.

Article 14. Separation of Order.

The person decorated with any degree of the Order of the Civil Merit who is convicted of a criminal act, by virtue of a firm sentence, may be deprived of the title of the same and of the privileges and honors inherent in his condition.

To this end, the Order's Chancellery may initiate the processing of the corresponding information procedure, in which the interested party will be given a hearing. The separation will be agreed upon by the Minister of Foreign Affairs, when it comes to the degrees of Encomienda de Numero, Encomienda, Cruz de Oficial, Cruz and Cruz de Plata, and by the Council of Ministers, when it comes to the degrees of Collar and Gran Cross.

ANNEX

CIVIL MERIT ORDER

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