Law 6/1996 of 15 January, volunteering, in his explanatory statement has, as an obligation of the State, recognise, promote and effectively promote voluntary action in its various forms and title IV of the aforementioned text establishes a series of measures in support of voluntary work aimed to increase their level of social implementation.
One of the most important measures is the recognition of volunteer services for the purposes of the social provision, contained in article 15 of the concerned body legal, which provides the ability to validate all or part time served as volunteer, provided that the requirements are fulfilled for the time of duration of the alternative social provision and attributed this ability to the National Council of conscientious objection.
The time elapsed since the publication of the aforementioned law 6/1996, while its full regulatory development, have been conducted is reason enough to proceed with the elaboration of a regulation, as he is accompanied, develop, at least, the content of article 15 of the law of volunteering hint. Furthermore, given the multiplicity and diversity of cases submitted for the recognition of volunteer services, it is necessary to provide the aforementioned National Council of conscientious objection of a legal instrument that will facilitate its administrative work and, at the same time, which serve as a guarantee for the managed in accordance with the mandate laid down in article 103 of the Constitution.
On the other hand, to avoid mismatches and discrepancies that may arise on this occasion, it is necessary to adapt the existing regulations on social provision substitute to the content of the new regulation. In addition, experience gained in the implementation of the current regulation of the conscientious objection and of the alternative Social provision, approved by Royal Decree 266/1995, of 24 February, advisable to introduce a minimum modification in its content in order to make management more effective and more consistent with the number of young people applying for recognition of the status of conscientious objector. The objective of coordination and this principle of economy, not to develop another new provision, are principles that motivate the incorporation to the present text of amendments to the regulation currently in force.
Thus, the present Royal Decree consists of an ar article, a transitional provision and six final provisions. The only article approves the regulation on recognition of volunteer service for the purpose of providing social alternative which, in turn, contains five articles. The first picks up the competition on the recognition of volunteer services. Article 2 provides for the requirements of voluntary activities whose time will be issue, the required minimum length and weighting, entities and their conditions, as well as the effects of services performed in the foreseeable circumstances. The third contains the development of the procedure. This begins with the request and presents the formal requirements of the same, the time of its presentation and documentation must be submitted. Article 4 regulates the Council decision, the deadline and the effects of the passage of time without resolve. Finally, article 5 determines the obligation to communicate to the General Sub-Directorate of the Office for the Social benefit of the objectors of conscience the resolutions of recognition.
Finally, the Royal Decree incorporates a number of changes to the regulation of the conscientious objection and of the alternative Social provision, approved by Royal Decree 266/1995, of 24 February. In particular there are six final provisions, including its entry into force.
By virtue, on the proposal of the Minister of Justice, with the approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of July 24, 1997, D I S P O N G O: only article.
Approves the regulation on recognition of volunteer service for the purpose of providing social alternative which then is inserted.
Sole transitional provision.
The referred Regulation shall apply to all proceedings in course. However, the procedures already concluded, in accordance with the previous legislation, shall remain valid.
First final provision.
Article 22 of the regulation of the conscientious objection and of the alternative Social provision, approved by Royal Decree 266/1995, of 24 February, will have the following wording: «article 22. Waiver and recognition.
1. the objectors may benefit from the exemption of the social provision established in international conventions, request based on the appointment of the Convention concerned and complemented by documentation accrediting compliance with the relevant requirements.
2 shall be fulfilled the social benefit: to) to the Spaniards who, having remained abroad, to use the reciprocal validity of military service or alternative, recognized in international conventions, civil service or had given them in another country by imperative inexcusable of your legislation.
(B) for those who acquire or have acquired Spanish nationality, provided that they had complied with in the country of origin, or are exempted or not subject to the mandatory military service or the civilian substitute this.
(C) A objectors who had lent servi cios of volunteering, provided that its duration is equal to or greater than that of the period of activity of the social benefit and have obtained their recognition in accordance with the procedure laid down.
3 requests for exemption and validation regulated in this article will be resolved by the Director-general of conscientious objection, with the exception of those presented for recognition of volunteer service that will be the competence of the National Council of conscientious objection.»
Second final provision.
Article 23 of the regulation of the conscientious objection and of the alternative Social provision, approved by Royal Decree 266/1995, of 24 February, will have the following wording: «article 23. Kinds of deferments.
1 comes the granting of postponements of delivery in the following cases: a) for extensions.
(b) by the preference expressed by the objector to delay enactment.
(c) suffer disease or physical or mental limitation effects require further examination to the date for the incorporation or may be extended after this, in accordance with article 42.
d) to fulfill condemns imprisonment or be subject to legal measures incompatible with the realization of the social benefit.
(e) to fulfill military service or social service a brother of the objector.
f) by performing services of volunteer pursuant to law 6/1996 of 15 January, volunteering."
Third final provision.
Is inserted in the regulation of the objection of conscience and the alternative Social provision, approved by Royal Decree 266/1995, of 24 February, a new article with the number 44 bis: "article 44 bis.» Volunteer services deferment.
1 conscientious objectors who are providing volunteer services in any of the entities or organizations which referred to article 15 and the third additional provision of law 6/1996 of 15 January, volunteering, they can apply for postponement of incorporation to the realization of the social benefit, up to the year in which met twenty-seven old for periods of six months and up to a maximum time of two years.
2. for its initial grant will be necessary to have performed in the two months immediately preceding the application, at least one hundred sixty hours of voluntary services.
3. the renewal of the postponement required to prove, by the objector, who has served, during the semester enjoyed, by no less than four hundred hours.
4. for the purposes of this article, the provision of voluntary services will be credited through the contribution of the certifications required for recognition of voluntary services by the National Council on conscientious objection.
5. the objectors who had enjoyed the maximum time of this postponement and request recognition of volunteer service of the National Council of conscientious objection not may be incorporated into the realization of the social benefit insofar as this Council not resolved on your request.»
Fourth final provision.
Article 50 of the regulation of the conscientious objection and of the alternative Social provision, approved by Royal Decree 266/1995, of 24 February, will have the following wording: «article 50. Realization of the social benefit system.
1. the situation of activity, consisting of the social benefit, will begin the day in which the objector perform the Act of incorporation and end when you get the pass down to the reservation or exemption of the social benefit.
2. the social benefit will take place in certain sectors of activity, in accordance with article 6 of the law 48/1984.
3. the duration of the situation of activity shall be thirteen months.
4. the earlier time of fulfilment of military service by objectors who presented its application for objection prior to joining rows will be computed in proportion to the duration of the social benefit alternative.
5. the accomplishment of the tasks entrusted to the conscientious objectors does not imply, in any case, conditional employment.
6. the realization of the social provision will be continued, except that, by the nature of the programs or services needs, the direction General de Objeción de Conciencia authorized by its Division into two periods. Exceptionally, the situation of activity may be suspended by extraordinary circumstances caused activity during the determinants of serious damage, temporarily avoidable with the suspension and then the period of activity to complete.
7. the suspension of the status of activity, at the request of the objector, will have a maximum duration of two years and shall be granted by the Secretary of State of Justice.»
Fifth final provision.
It empowers the Minister of Justice to issue the orders and the precise measures for the implementation and development of the present Royal Decree and the regulation which approves.
Sixth final provision.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Palma de Mallorca on July 24, 1997.
JUAN CARLOS R.
Justice Minister MARGARITA MARISCAL DE GANTE and MYRON regulations on recognition of volunteers for the purpose of the SOCIAL provision Article 1 substitute services. Competent body.
The National Council of conscientious objection is responsible for total or partial recognition of the borrowed time as a volunteer for the time of duration of the social provision substitute corresponding proportionally, whenever required and in accordance with the procedure developed in this regulation is eligible.
Article 2. Conditions for recognition.
1 voluntary activities whose time intends to validated for the duration of the social provision substitute corresponding proportionally must have been made by the applicant in any event subsequent to the recognition of his conscientious objector status.
2. the provision of services as a volunteer should have been carried out by a time continued for at least six months, cash, in any case, since the recognition of the status of objector. For these purposes the monthly benefit time should not be less than thirty hours.
3 voluntary services should have been developed in institutions and organizations that meet the requirements laid down in article 8 of the law 6/1996 of 15 January, volunteering, have signed agreement with the Ministry of Justice for the realization of the social provision substitute, in the terms provided for in the law 48/1984, of 26 December regulating the conscientious objection and alternative social provision, and its regulation of development approved by Royal Decree 266/1995, of 24 February, unless can be validated time of provision of voluntary services prior to the signing of the Convention corresponding or subsequent to their completion.
Volunteer services developed in the bosom of organizations who meet the requirements provided for in article 8 of the law 6/1996 of 15 January, volunteering, whenever the provision of volunteer has consisted in participating in programs that develop activities of competence of the autonomous communities or local authorities will also be UPV. Volunteer services at the heart of these organizations that do not have consisted of participation in such programs will not be UPV.
4. every one hundred and thirty-three hours of voluntary services accredited under the conditions laid down, be they validated by a month of social benefit alternative.
Article 3. Applications and documentation.
1. the request for recognition of volunteer service, signed by the party concerned, should be addressed to the National Council of conscientious objection and may be submitted in the register of the Ministry of Justice or any of the offices referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
2 the application must contain: a) the personal data of the applicant: name, surname, date and place of birth, address, number of the national document of identity or passport and signature of the person concerned.
(b) expression of the date of the resolution of the National Council of conscientious objection that recognized their status of objector of conscience and its file number, and can submit copy of the aforementioned resolution of recognition.
(c) an expression of the services provided as a volunteer as well as dates were made and time dedication, entity or entities which were provided with an indication of whether they had or not signed agreement with the Ministry of Justice for the realization of the social benefit alternative of conscientious objectors, sector of activity of the entity or entities and situation of the applicant with respect to the social benefit alternative.
(d) request for recognition of voluntary services for the purpose of providing social alternative which need to perform.
3 the application, which may not occur until after six months from the recognition of the status of conscientious objector, shall be accompanied by the following documents: to) certificate of the entity or entities that done volunteer work, issued by the Registrar with the approval of the President, who shall express the following contents and data : 1 identification of the entity.
2D entity is legally constituted and equipped with its own legal personality, which has no profit and develops programs with volunteers in the terms and manner provided for in articles 3 and 4 of the law 6/1996 of 15 January, the volunteer.
((3rd that the entity has subscribed the insurance policy referred to in article 8.2. b) of law 6/1996 of 15 January, volunteering, indicating number of policy and insurance company, as well as carrying the record highs and lows of the volunteer staff referred to in article 8.2. i) of the same Act.
4th requesting recognition objector, properly identified, have or had the status of volunteer in the State and the development of their activities is set as provided for in article 3(1) of the law 6/1996 of 15 January, volunteering.
5th dates of commencement and completion, where appropriate, the activities and description of the tasks performed, the number of total hours and must be detailed.
(b) in cases in which it is intended to validate voluntary services to which refers article 2.3, paragraph two, of this regulation, must be accompanied, in addition, certification of the competent body of the autonomous community or local entity responsible for programmes concerning the third additional provision of law 6/1996 of 15 January, of volunteering , and article 2(3) of this regulation, in which the following information shall be expressed: 1st nature, duration and content of the programme concerned.
2D participation that the program has or has had the entity where the applicant provides, or has rendered voluntary service.
3rd participation that the program has had the applicant for recognition of volunteer services, indicating activity and number of total hours.
4th Convention or agreement between the aforementioned entity and the autonomous community or local authority for the development of the programmes referred to.
4. the National Council of conscientious objection when it considers incomplete provided certifications may require the applicant to complete them properly saving gaps, inaccuracies or dark spots that can suffer, in accordance with article 71 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 4. Time and content of the resolution.
1. the National Council of conscientious objection shall decide on the origin or unfairness of the requested validation and if it should be total or partial, for this to provided certifications. The resolution rendered puts an end to the administrative and contentious-administrative appeal as envisaged may be brought against it in article 58 of the Act regulating the jurisdiction dispute administrative, on December 27, 1956.
2. the period to resolve requests for recognition shall be three months. After this period without that resolution has relapsed, the request means estimated.
Article 5. Remission of data.
The Secretariat of the National Council on conscientious objection shall notify the General Sub-Directorate of the Office for the Social benefit of the objectors of conscience decisions rendered on recognition of volunteer services for the relevant purposes.