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Royal Decree 340/1997, Of 7 March, Amending The Royal Decree Of 1882 Partially / 1996, Of 2 August, From Basic Organic Structure Of The Ministry Of Justice.

Original Language Title: Real Decreto 340/1997, de 7 de marzo, por el que se modifica parcialmente el Real Decreto 1882/1996, de 2 de agosto, de estructura orgánica básica del Ministerio de Justicia.

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TEXT

By this Royal Decree the powers conferred on the Technical General Secretariat of the Department and the Directorate General of Relations with the Administration of Justice are modified.

In particular, the amendment gives the Directorate-General for Relations with the Administration of Justice the competence to deal with and formulate the proposals for the resolution of the complaints made by the Commission. State responsibility for the operation of the Administration of Justice, assigned to the Technical Secretariat of the Department by Royal Decree 1882/1996 of 2 August. This amendment is justified from an organisational point of view, since it is reasonable for the files relating to the operation of the Administration of Justice to be informed by the General Council of the Judiciary, According to the second provision of the Rules of Procedure of the Public Administrations in the field of patrimonial liability, approved by Royal Decree 429/1993 of 26 March, they fall within the competence of the Directorate-General for Relations with the Administration of Justice, which is the director of the Ministry correspond to the relations with the General Council of the Judiciary, in accordance with Article 5.1.a) of the aforementioned Royal Decree 1882/1996 of 2 August.

In its virtue, at the initiative of the Minister of Justice, on the proposal of the Minister of Public Administration and after deliberation of the Council of Ministers at its meeting of 7 March 1997,

D I S P O N G O:

Single item. Amendments to Royal Decree 1882/1996 of 2 August, of basic organic structure of the Ministry of Justice.

Royal Decree 1882/1996, of 2 August, of basic organic structure of the Ministry of Justice is amended in the following terms:

1. A new paragraph (j) is added to Article 5 (1), with the following wording:

"j) The study, processing and formulation of the proposals for the resolution of claims of State patrimonial responsibility for the functioning of the Administration of Justice."

The current paragraph (j) of Article 5 (1) becomes the new paragraph (k).

2. Article 5 (2) (a) shall have the following wording:

" (a) Subdirección General de Relaciones con la Administración de Justicia y el Ministerio Fiscal, which will be responsible for matters relating to relations with the General Council of the Judiciary, with the governing bodies of the Judicial branch, with the judicial bodies and with the Prosecutor's Office, with the Center for Legal Studies of the Administration of Justice and with the professional organizations of Lawyers and Attorneys and the selection of the Prosecutors and administration of the staff of the Prosecutor's Office. It also corresponds to the organization and operation of the Register of Penados and Rebels, the elaboration of the proposals for the resolution of the claims of patrimonial responsibility of the State for the functioning of the Administration of Justice, as well as the knowledge of how many matters are entrusted to him by the Director-General. "

3. Article 5 (2) (c) shall have the following wording:

" (c) General Secretariat of the Organization and Media of the Administration of Justice and the Fiscal Ministry, which will be responsible for the planning and coordination of actions aimed at the best distribution of resources. the Ministry makes available to the Administration of Justice and the Fiscal Ministry; the elaboration, monitoring and evaluation of the programs and projects that correspond to the Department related to the improvement of the judicial system, works, information and supplies; forecasting of financing needs, and the implementation of studies aimed at achieving greater effectiveness of public and judicial expenditure. It is also responsible for the preparation, preparation and monitoring of the statistics relating to the Administration of Justice and the Ministry of Public Prosecutor, which correspond to the Department, without prejudice to those attributed to other bodies and institutions, and the carrying out of all studies and proposals are deemed necessary in terms of demarcation and judicial plant and organization of the Fiscal Ministry. He is also responsible for the organization and supervision of the Institutes of Legal Medicine and the Institute of Toxicology, coordinating the actions of the other units of the Directorate General. "

4. Article 9 (1) (f) shall have the following wording:

" (f) The study, processing and formulation of the motions for resolutions in the administrative appeals against the acts and provisions of the Department, in the pre-judicial and civil proceedings, and in claims of State patrimonial liability for the operation of the Department's services. "

5. Article 9 (2) (a) shall have the following wording:

" (a) Deputy Secretary-General, who is responsible for assisting the Technical Secretary-General in the performance of his duties, processing and dispatching of general affairs, coordination and cooperation with the other Ministries and the management centres of the Department itself, the preparation of the documentation and the report of the cases to be submitted to the deliberation of the Council of Ministers, the Commission's Delegated Commissions or the Commission General of Secretaries of State and Undersecretaries. It is also responsible for drawing up proposals for the resolution of administrative resources to be brought against the acts emanating from the authorities of the Department, irrespective of the body to be resolved, files for the ex officio review of acts on the administrative basis, conflicts of jurisdiction between organs of the Department, prior complaints to the civil or employment judicial system and claims of patrimonial liability of the State for the operation of the services of the Department. "

Single transient arrangement. Units and jobs with an organic level lower than Subdirección General.

The units and jobs affected by the change set out in this Royal Decree will continue to remain and will be paid from the same budget appropriations, until the relations of jobs adapted to the new organic structure. Such adaptation, in no case, may lead to an increase in public expenditure.

Final disposition first. Powers of development.

The Minister of Justice is hereby authorized to take the necessary measures for the development and implementation of this Royal Decree, after the appropriate legal procedures have been completed.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will make the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Final disposition third. 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".

Dado en Madrid a 7 de marzo de 1997.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY