Article 455 of the Organic Law 6/1985 of July 1, of the Judicial Branch, as amended by the Organic Law 16/1994 of 8 November, grants the powers to the staff in the service of the Administration of Justice. Ministry of Justice and Home Affairs or, where appropriate, the Autonomous Communities, in all matters relating to their Statute and legal status, including selection, initial and continuing training, provision of destinations, promotions, situations administrative, working time, working hours and disciplinary arrangements ".

This new wording, given to the precept, therefore expresses, in an express way, the possible assumption of powers by the Autonomous Communities in relation to the staff at the service of the Administration of Justice. However, in order for such an assumption to be articulated in practice, it is necessary to have a sufficient legal basis to define precisely the legal status of the staff affected by the possible transfer of functions, to disallow the competences between the State Administration and the Autonomous Communities, as well as to establish stable mechanisms for collaboration and communication between the two.

In this sense, by the express mandate of article 122.1 of the Constitution, the regulation of the legal status of all personnel in the service of the Administration of Justice is found in the Organic Law of the Judiciary, but It only covers the general lines of the Staff Regulations, which are developed by the Organic Regulations of each Body.

Therefore, in the line already pointed out by the judgment of the Constitutional Court 56/1990, of March 29, that in its legal base eleventh towards an allusion to a "future and necessary normative" that the collaboration between the Autonomous Communities and the Ministry of Justice as regards a possible action of the subrogatory clauses of the Statutes of Autonomy in matter of the provision of destinations, it is necessary to amend the Organic Regulation of the Corps of Officers, Auxiliary and Agents of the Administration of Justice, to count on that legal basis that clearly reflects the necessary pre-planned de-linde of functions, already provided for by law.

In its virtue, with the report of the General Council of the Judiciary, according to the State Council, on the proposal of the Minister of Justice and Interior and after deliberation by the Council of Ministers, at its meeting on 16 February of 1996,

DISPONGO:

Single item. Adoption of the Regulation.

The Organic Regulations of the Bodies of Officers, Auxiliary and Agents of the Administration of Justice are approved, the text of which is inserted as an annex to this Royal Decree.

Single repeal provision. Regulatory repeal.

The Organic Regulations of the Bodies of Officers, Auxiliary and Agents of the Administration of Justice, approved by Royal Decree 2003/1986 of 19 September, and Royal Decree 489/1994 of 17 March, which are repealed, are repealed. amended that Regulation, as well as any other provisions of the same or lower rank which are contrary to the provisions of this Royal Decree and the Regulation it approves.

Single end disposition. Development and application.

1. The Minister of Justice and Home Affairs or the competent body of the Autonomous Communities may, within the scope of their respective powers, issue the relevant provisions for the development and implementation of this Royal Decree.

2. 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 16 February 1996.

JOHN CARLOS R.

The Minister of Justice and Home Affairs,

JUAN ALBERTO BELLOCH JULBE

ANNEX

Organic Regulations of the Bodies of Officers, Auxiliary and Agents of the Administration of Justice

PRELIMINARY TITLE

Article 1. Definition.

1. The Officers, Auxiliary and Agents constitute National Bodies in the service of the Administration of Justice, assigned organically to the Ministry of Justice and Interior. They will depend on this Ministry or the Autonomous Communities, in the terms set out in this Regulation.

2. The Officers, Auxiliary and Agents of the Administration of Justice are career officials who perform their duties in the General Council of the Judiciary, in the Constitutional Court, in the Courts and Tribunals, Fiscalas, Registers Single civilians, Central Civil Registry and in the Organ and Services of the Administration of Justice.

Article 2. Legal and economic arrangements.

1. The statute of the Officers, Auxiliary and Agents shall be governed by the provisions of the Organic Law of the Judiciary and this Organic Regulation. As not provided for in the above provisions, the provisions of the general public function legislation (Article 456 of the Organic Law 6/1985 of 1 July 1985 on the Judiciary) shall apply to them as a substitute.

2. The status of the Officers, Auxiliary and Agents assigned to the General Council of the Judiciary and the Constitutional Court shall be in accordance with the provisions of the regulatory autonomy of those bodies.

3. The staff at the service of the Administration of Justice referred to in this Regulation shall receive the remuneration of their services in the form and amount determined by the laws, without in any case being able to do so by tariff (Article 454 LOPJ).

The structure and amount of the basic and complementary remuneration of the Officers, Auxiliary and Agents of the Administration of Justice will be unique for the entire national territory.

TITLE I

From the Officers of the Administration of Justice

Article 3. Functions.

1. The Officers of the Administration of Justice are immediate collaborators of the judicial secretaries and of the technical work they perform, under their immediate dependence, without prejudice to the powers of the holder or the owners of the organ in which provide their services.

2. In particular, the following functions correspond to them:

(a) The processing of all kinds of proceedings, proceedings, files and, in general, any actions attributed to the organ in which they serve, assisting the Judge or Registrar in the drafting of the providences, Proceedings, minutes and notes which are necessary, as well as of the orders, including the final ones in the cases of voluntary jurisdiction, as long as no contest is raised.

(b) The authorisation of the minutes to be extended to the judicial presence as well as to the proceedings of constancy and communication, where they are authorised by the respective Registrar for the specific action in question or by a specified period of time, while such a rating has not been revoked (Article 282 LOPJ).

The ratings granted by the judicial secretaries shall be communicated to the Ministry of Justice and Interior, or to the competent body of the Autonomous Communities that have received the transfer of personal means to the Ministry of Justice. operation of the Administration of Justice, for its constancy in the official's personal file. Where the rating is determined by a specified time, this communication shall be prior to its effectiveness.

c) Replace the Secretary in the terms provided for in Article 483, fourth rule, of the Organic Law of the Judicial Branch, where the replacement by another Secretary in the cases of impossibility, separation of buildings, accumulation of acts, or in others where the needs of the service are also advised.

The substitutions shall be communicated to the Ministry of Justice and Interior, or to the competent body of the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, for their constancy in the official's personal file. This communication, unless there are grounds for urgency, shall be prior to the effectiveness of the replacement.

d) The practice of the acts of communication attributed to them by the laws (article 485 LOPJ).

3. The officers will also serve in the Fiscalas, in the General Council of the Judicial Branch, in the Constitutional Court, and in the organs and services of the Administration of Justice that points out the organic template. In such cases they shall be responsible for the tasks assigned to them, which shall be similar to those set out in this Article (Articles 484 and 488).

4. In the Peace Courts, it will be up to the Secretariats, in the terms of Article 481 of the Organic Law of the Judiciary.

Article 4. Income.

The entry into the Officers ' Body will be checked for a double shift:

(a) Half of the vacancies that occur shall be reserved for their provision, in restricted competition, by officials of the Auxiliary Corps with five years, at least, of effective services in the same and without unfavorable note in the file, which is also in possession of the bachelor's degree or equivalent, and has at least eight points, in accordance with the scale laid down in the following Article (Article 492 (PJ)).

(b) The other half shall be covered in free shift by selective evidence to be convened by the Ministry of Justice and Home Affairs between those holding the bachelor's degree or equivalent.

c) Places reserved for internal promotion in restricted competition that are not covered will increase to free shift (Article 492 LOPJ).

Article 5. Internal promotion in restricted shift.

1. The call for selective processes for the provision, by internal promotion in restricted competition, of half of the vacancies to be produced in the Official Body shall be carried out by the Ministry of Justice and Interior periodically, to the less once a year, and according to how much is established in this article. The call for the selective process will coincide with that of the selective tests corresponding to the free shift. The resolution of that will occur before the resolution of these.

2. The merits alleged shall be assessed according to the following scale:

2.1 Academic history:

a) Degree of Degree in Law: eight points.

b) Other higher college degrees: two points each, with a maximum of four.

c) Title of Diplomacy in Industrial Relations, Graduate Social Diplomacy, Diplomacy in Criminology, or three full courses in Law School: three points each degree or course set, with a maximum of six.

d) Title of Diplomacy or Technical Engineer, or three full courses in Faculty or College, other than the law: one point each degree or set of courses, with a maximum of two.

e) Knowledge of foreign languages documented by specialization studies, conducted in officially recognized national, regional or international institutions or institutions, or knowledge of official languages of the Autonomous Communities, accredited in accordance with the certificates provided for in the second provision of this Regulation: one and a half points for each, with a maximum of three.

2.2 Professional history:

(a) Diplomas or certificates obtained in training courses organised by the Ministry of Justice and Home Affairs or approved by the Ministry of Justice or, where appropriate, by the competent body of the Autonomous Communities which they have received the transfer of personal means for the operation of the Administration of Justice: up to eight points, measured according to the following scale:

1. Courses of up to nineteen reading hours: up to 0.2 points for each.

2. Cures of twenty to thirty nine hours: from 0.21 points to 0.50 points for each.

3. º Courses of forty to seventy nine hours: from 0.51 to one point.

4. Courses of eighty to one hundred and forty nine hours: from 1.01 to two points.

5. Courses of more than one hundred and fifty school hours: from 2.01 to three points for each.

In the courses that have been obtained certification of the use will increase by 0.1 the score previously set according to the number of hours.

(b) Diplomas or certifications obtained in courses or congresses of legal specialization at national, regional or international level, officially recognized: up to four points at most.

For these purposes, the baremus pointed out in the previous point according to the number of reading hours will be taken into account.

(c) Computer knowledge shall be computed up to four points as a whole, measured in accordance with the scale set out in paragraph (a).

Only courses conducted in and approved by official centers will be valued.

In the courses that have been obtained certification of the use will be increased by 0.1 the score previously set according to the number of hours.

d) By experience in the performance of the official function, by exercising replacement functions or as an interim officer: 0.2 points for each full month, with a maximum of eight points.

2.3 Antiquity, which will be computed as a whole with a maximum of 12 points. For these purposes, the following scale shall be taken into account:

a) For each year of effective services as a holder or interim in the Auxiliary Corps: 1 point.

b) For each year of effective services as holder or interim in the Body of Agents: 0.50 points.

c) For each year of effective services in any other Body or Scale of any of the public administrations, or recognized under the provisions of Law 70/1978, of December 26: 0.20 points for each full year. Only services provided at the same time shall be computed once.

3. In the event that the same merit is assessed according to more than one paragraph, it will be assessed according to the one that gives it a higher score.

4. In territorialized calls in those Autonomous Communities which have their own official language and which have received the transfer of personal means for the operation of the Administration of Justice, the knowledge of the same shall be value up to six points, depending on the level of the point, in the terms set out in the second provision of this Regulation.

5. The merits of the case must be sufficiently credentialed with the submission of the relevant documents or reports.

The time of the service and the unfavourable notes in the file shall be justified on its own initiative by the Ministry of Justice and Home Affairs or, where appropriate, by the competent authority of the Autonomous Community.

The equivalences of the alleged titles that do not have a general character shall be justified by certification of the Ministry of Education and Science provided by the person concerned. The knowledge of the official languages of the Autonomous Communities shall be credited by submitting the appropriate certificate issued by the competent authority of the Autonomous Community, in accordance with the terms laid down in the additional provision. second of this Regulation.

6. The composition of the court to judge the evidence of internal promotion in restricted competition will be the same as in this Regulation for free oppositions.

7. The places declared deserted shall be awarded in the first place to the applicants for internal promotion in restricted competition and, in the second term, to those of the free shift.

Article 6. Free shift.

1. The selection tests for the entry into the Official Body for the free shift will be convened by the Ministry of Justice and Interior when the needs of the service require it and, in any case, once every year to cover the places. (article 496 LOPJ) as appropriate.

2. The selection tests to be completed shall consist of one of a theoretical nature, which shall include knowledge of court proceedings and judicial organisation, and another of a practical nature.

Article 7. Single qualifying court.

1. The single qualifying tribunal for selective testing shall be appointed by the Ministry of Justice and Home Affairs and shall be constituted by a President, appointed by officials of the Judicial or Fiscal Careers, the Body of Judicial Secretaries or officials of the A group of the Civil Administration of the State; and by the number of vowels to determine the order of call between the Bodies of Judicial Secretaries, Officers or Officials of Group A or B of the Civil Administration of the State, corresponding to one of these vowels acting as Secretary.

2. Where, in accordance with Article 20 (2) of this Regulation, the selective process is carried out in a territorialised manner in the Autonomous Communities which have received the transfer of personal means for the operation of the the Administration of Justice, under the dependency and direction of the single court of the single qualifier will be appointed by the Ministry of Justice and the Interior to the proposal of the corresponding organs of the Communities Autonomous. Such bodies shall refer to this effect a term for each of the members to be appointed. Its composition will be identical to that of the single court, replacing civil servants of the State Civil Administration with officials of the Autonomous Communities, who will be directly appointed by them. The single qualifying court shall be responsible for drawing up the tests to be carried out in each financial year, determining the timing of the holding of the tests and the criteria for the assessment, and the resolution of any such consultations. and discrepancies may arise with the various delegated courts.

3. By way of derogation from Article 19 (5) of this Regulation, the Ministry of Justice and Home Affairs may agree to the territorialisation of calls in the Autonomous Communities which have not received the transfers. of personal means for the functioning of the Administration of Justice, in such a way that the vacancies of one or more territories that coincide with the scope of each Superior Court of Justice are grouped under the terms of Article 491 of the Law Organic from the Judiciary.

In any case, whether or not the territorialization of the calls has been granted, the Ministry of Justice and the Interior may decide to carry out the selective process in a decentralized manner. In this case, the respective calls may provide for the incorporation, on a temporary basis, of the court of other civil servants of the Administration of Justice, of the General Administration of the State or of the Administrations Autonomics corresponding to the territory where the tests or the selective process are carried out, in order to collaborate in the development of this process under the direction of the court, with the competences of material execution and administrative management of the different exercises that in each selective test are attributed to them.

Article 8. Conditions for taking part in the tests.

The candidates for admission to the Official Corps, to be admitted to the selective tests, must gather, on the date of the end of the filing period, the following conditions (article 457 LOPJ):

a) Being older Spanish.

(b) Hälse in possession of the bachelor's degree or equivalent or be in a position to obtain it at the date of publication of the call.

(c) Not having been convicted, or being prosecuted, or charged with a criminal offence, unless the rehabilitation was obtained or has fallen into the self-effacing cause.

d) Not be disabled for the exercise of public functions.

e) not having been separated, by disciplinary procedure, from a body of the State, the Autonomous Communities or local authorities, or suspended for the exercise of public functions, on a disciplinary basis or judicial, unless duly rehabilitated.

f) Do not suffer from physical defect or disease that incapacitate the performance of the post.

TITLE II

From the Auxiliary of the Administration of Justice

Article 9. Functions.

1. Under the immediate dependence of the Secretary or Officer in his case, and without prejudice to the powers of the holder of the organ in which they serve, the Auxiliary of the Administration of Justice shall have the following functions:

(a) Collaboration in the general development of procedural processing, by means of the transcription of texts by mechanical procedures, typing, stenographers or other analogues.

b) Record documents.

c) Non-resolvable executive tasks, such as preparation of transfers and acts of communication, case integration, and similar.

(d) Acts of communication that attribute the law to them and are not entrusted to other officials.

e) Any other laws that attribute the laws to them.

2. The auxiliaries shall replace the officers, in the performance of the functions which they correspond to, in case of illness, permits, licenses, absences, vacancies or other legal reason, where the application of the provisions of the Article 60 of this Regulation, with the approval of the Ministry of Justice and Home Affairs or the competent body of the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, whose effect the substitutions shall be communicated in advance, unless the reasons for urgency, to the Ministry or the competent bodies of the Autonomous Community, for their constancy in the personal file of the official concerned.

3. The auxiliaries will serve, likewise, in the Fiscalas, in the General Council of the Judiciary, in the Constitutional Court and in the Organ and Services of the Administration of Justice that points out the organic template. In such cases, they shall be responsible for the tasks assigned to them, which shall be similar to those set out in this Article (Articles 484 and 488 of the LOPJ).

Article 10. Income.

1. Income in the Auxiliary Corps will be checked for a double shift:

(a) Half of the vacancies that occur will be reserved for their provision, by internal promotion in restricted competition, by officials of the Body of Judicial Agents with three years, at least, of effective services in the and without unfavourable notice in the file, which are also in possession of the degree of Undergraduate in Secondary Education or equivalent, and have at least eight points, in accordance with the scale laid down in the following Article (Article 493 LOPJ).

(b) The other half shall be covered in free shift, by selective evidence to be convened by the Ministry of Justice and Home Affairs, among those with the degree of Undergraduate in Secondary Education or equivalent.

2. Places reserved for internal promotion in restricted competition which are not covered shall be increased to the free shift (Article 493 LOPJ).

Article 11. Internal promotion in restricted competition.

1. The call for tenders for the provision, for internal promotion in restricted competition, of half of the vacancies to be produced in the Body of Auxiliary shall be carried out by the Ministry of Justice and Home at regular intervals, at least one and according to how much is established in this article. The call for tenders shall correspond to that of the free-shift selective tests. The resolution of that will occur before the resolution of these.

2. The merits alleged shall be assessed according to the following scale:

2.1 Academic history:

a) Degree of Law Degree: six points.

b) Other higher college degrees: one point each, with a maximum of two.

c) Title of Diplomacy in Industrial Relations, Graduate Social Diplomacy, Diplomacy in Criminology, or three full courses in Law School: 1.5 points each degree or course set, with a maximum of three.

d) Title of Diplomacy or Technical Engineer, or three full courses in Faculty or College other than the law: 0.5 points each degree or set of courses, with a maximum of one.

e) Knowledge of foreign languages documented by specialization studies, conducted in officially recognized national, regional or international institutions or institutions, or knowledge of official languages of the Autonomous Communities, accredited in accordance with the certificates listed in the second provision of this Regulation: one point for each, with a maximum of two.

f) Shorthand knowledge in terms of the call: to a point.

2.2 Professional history:

(a) Diplomas or certificates obtained in training courses organised by the Ministry of Justice and Home Affairs or approved by the Ministry of Justice or, where appropriate, by the competent body of the Autonomous Communities which they have received the transfer of personal means for the operation of the Administration of Justice: up to eight points, measured according to the following scale:

1. Courses of up to nineteen reading hours: up to 0.2 points for each.

2. Cures of twenty to thirty nine hours: from 0.21 points to 0.50 points for each.

3. º Courses of forty to seventy nine hours: from 0.51 to one point.

4. Courses of eighty to one hundred and forty nine hours: from 1.01 to two points.

5. Courses of more than one hundred and fifty school hours: from 2.01 to three points for each.

In the courses that have been obtained certification of the use will increase by 0.1 the score previously set according to the number of hours.

(b) Diplomas or certifications obtained in courses or congresses of legal specialization at national, regional or international level, officially recognized: up to two points at most.

For these purposes, the baremus pointed out in the previous point according to the number of reading hours will be taken into account.

(c) Computer knowledge shall be computed up to four points as a whole, measured in accordance with the scale set out in subparagraph (a) above.

Only courses conducted in and approved by official centers will be valued.

In the courses that have been obtained certification of the use will increase by 0.1 the score previously set according to the number of hours.

d) Experience in the performance of the Interim Auxiliary function: 0.2 for each full month, with a maximum of eight points.

2.3 Antiquity, which will be computed as a whole with a maximum of 12 points. For these purposes, the following scale shall be taken into account:

a) For each year of effective services as a holder or interim in the Agents ' Body: 1 point.

b) For each year of effective services in any other Body or Scale of any of the public administrations, or recognized under the provisions of Law 70/1978, of December 26: 0.20 points for each full year. Only services provided at the same time shall be computed once.

3. In the event that the same merit is assessed according to more than one paragraph, it will be assessed according to the one that gives it a higher score.

4. In territorialized calls in those Autonomous Communities which have their own official language, the knowledge of the same shall be valued up to six points, depending on the level of the same, in the terms laid down in the provision Second, second of this Regulation.

5. The merits of the case must be sufficiently credentialed with the submission of the relevant documents or reports.

The time of the service and the unfavourable notes in the file shall be justified on its own initiative by the Ministry of Justice and Home Affairs or, where appropriate, by the competent authority of the Autonomous Community.

The equivalences of the alleged titles that do not have a general character shall be justified by certification of the Ministry of Education and Science provided by the person concerned. The knowledge of the official languages of the Autonomous Communities shall be furnished by presentation of the appropriate certificate issued by the competent authority of the Autonomous Community, in accordance with the terms laid down in the additional provision second of this Regulation.

6. It will be essential to overcome the typing tests that are included in the call.

7. The composition of the court to judge the evidence of internal promotion in restricted competitions shall be the same as in this Regulation for free competitions.

8. The places declared deserted will be awarded first to the applicants for internal promotion in restricted competition and then to the free.

Article 12. Free shift.

1. The selection tests for entry into the Office of the Justice Administration for the free shift will be convened by the Ministry of Justice and Interior when the needs of the service require it, and, in any case, once each year to cover the desired places.

2. The selection tests to be overcome will be one of a theoretical nature, which will include knowledge of court proceedings and judicial organisation, and a practical one.

Article 13. Single qualifying court.

1. The single qualifying court of selective testing shall be appointed by the Ministry of Justice and Home and its members shall belong to the same races and groups of officials, and shall perform the same functions as Article 7 of this Regulation, replacing officers of the Corps of Officers with those of the Auxiliary Corps and including among the vowels of the State Administration to the officials of group C.

2. In the targeted process carried out in a territorialised manner, in accordance with Article 20.2 of this Regulation, delegated courts shall be appointed in accordance with the provisions of Article 7 (2) of this Regulation.

3. The third paragraph of Article 7 shall also apply with regard to the other selective processes.

Article 14. Conditions for taking part in the tests.

To take part in the selective testing for income in the Auxiliary Corps, applicants must meet the conditions set out in Article 8 of the Treaty. This Regulation, with the exception of that provided for in paragraph (b), shall, in its place, require the degree of Undergraduate in Secondary Education or equivalent, or be in a position to obtain it on the date of publication of the call.

TITLE III

From the Agents of the Administration of Justice

Article 15. Functions.

1. The Agents of the Administration of Justice shall have the status of Agents of the Authority when they act as Judicial Police, and shall do so under the jurisdiction of the Judge, Court or Head of the Body in the proceedings to which they personally attend. holders of the organs and in all other bodies in which their intervention is required, in cooperation with other officials in the practice of judicial proceedings within their respective functions.

2. In particular, the following functions correspond to them (Article 487 LOPJ):

a) Save and save room.

b) To execute the liens, launches and other acts whose nature so requires, with the character and representation that the laws attribute to them.

c) Conduct the unentrusted communication acts to other officials.

(d) Act as the Judicial Police, as Agent of the Authority, without prejudice to the functions which, in the investigation of the crimes and in the discovery and assurance of the criminals, are the responsibility of the members of the Security forces and bodies under the provisions of Title III of Book V of the Organic Law of the Judiciary and concordant provisions.

e) Exercise surveillance, custody, porting and other functions related to the function, which may be entrusted to them.

3. The functions referred to in paragraph (e) of the preceding paragraph shall be provided by the Judicial Agents without prejudice to the technical functions themselves to which the other paragraphs of that paragraph refer, unless there is a assigned to them other personnel to whom the tasks of that character are to be carried out, and shall include the following:

(a) Ordinary surveillance of the entry and exit of persons in the relevant judicial body, providing information to the public about the officials or dependencies to be addressed, and appropriate ways to do so.

b) Opening and closing the various dependencies, with the instructions and under the control of the Secretary, with special attention to the files, libraries, warehouses and other similar dependencies.

c) Custody of the mechanisms for the implementation of the various sources of energy, input, consumption, installations and communication devices, under the control of the Secretary.

d) Reception and distribution of the correspondence entrusted to them.

e) Realization of the orders entrusted to them, strictly related to their function, inside or outside the building, with the faculties and representation that in each case they are trusted.

f) Porting of documents, cars, files and pieces of conviction, as well as aid for the movement of small furniture and machinery and its elements, provided that the needs of the function are usually required.

g) Use of photocopier, binding and similar machines, in accordance with the instructions of the Head of Dependence.

h) Any other similar functions related to the function assigned to them, provided that they are directly related to any of those expressed in these paragraphs.

4. The Agents shall also serve in the Fiscalas, in the General Council of the Judiciary, in the Constitutional Court, and in the organs and services of the Administration of Justice, which points out the organic template. In such cases they shall be responsible for the tasks assigned to them, which shall be similar to those set out in this Article.

Article 16. Income.

1. The entry into the Body of Agents will be carried out by selective tests, which will be convened by the Ministry of Justice and Interior when the needs of the service require it and, in any case, once every year, to cover the deserted squares. which correspond (Article 496 LOPJ).

2. The selection tests, which will have to be completed, will be: one of a theoretical character consisting of two parts (psychotechnical test and test on judicial organisation), and another of a practical nature on judicial proceedings.

Article 17. Single qualifying court.

1. The single qualifying court of selective testing shall be appointed by the Ministry of Justice and Home and its members shall belong to the same races and groups of officials, and shall perform the same functions as Article 7 of this Regulation, replacing officers of the Corps of Officers with those of the Body of Agents and including among those of the State Administration as vowels to those of group C.

2. In the targeted process carried out in a territorialised manner, delegated courts shall be appointed in accordance with the provisions of Article 7 (2

.

3. The provisions of Article 7 (3) shall also apply in the selective process carried out on a decentralised basis.

Article 18. Conditions for taking part in the tests.

To take part in the selective testing for entry into the Body of Agents, the applicants must meet, on the day after the deadline for the submission of the application, the conditions laid down in Article 8 of the This Regulation, with the exception of the second, requires in its place the Certificate of School of School or the accreditation referred to in Article 15.2 of Royal Decree 1007/1991 of 14 June, or be in condition of obtaining it on the date of publication of the call.

TITLE IV

Common Provisions

CHAPTER I

Acquisition and Loss of Quality of Officer, Auxiliary, and Agent

Article 19. General principles of selection.

1. The call for selective testing for entry into the Official, Auxiliary and Agents Corps of the Administration of Justice shall be subject to the provisions of this Regulation, supplementary rules, and Articles 32 and 37 of Law 9/1987, as amended by Law 7/1990 of 19 July 1990, and approved by the Ministry of Justice and Home Affairs, by Order, to be published in the "Official Gazette of the State". In any event, the principles of equality, merit, capacity and publicity must be respected. The selection procedures shall be appropriate to the functions of the relevant bodies and to the posts.

The call order will include the number of deserted places in the workforce plus 10 per 100 within the budget availabilities and the requirements to be met by the applicants; the (i) the question of whether or not a decision is taken on the basis of a decision of the Council of the European Union on the basis of Article 3 (2) of Regulation (EEC) No No 1; exercises, with application of the state legislation established for the entry into the public function.

2. The Autonomous Communities may urge the Ministry of Justice and the Interior to call for selective testing in the Official, Auxiliary and Agent Bodies of the Administration of Justice when there are vacant positions in their territory.

3. The Ministry of Justice and Home Affairs may appoint, on its own initiative or on a proposal from the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, experts in specific matters. related to the different selective tests, so that they advise the courts of the different Bodies.

4. Participation in the competition restricted by internal promotion shall not prevent the submission of the applicant for free duty.

5. In accordance with the provisions of Article 491 of the Organic Law of the Judicial Branch, the calls for entry into the various bodies, both for the free shift and for the internal promotion shift in restricted competition, may be territorialised where the need for the service, the existence of a greater number of vacant places or the better development of the staff selection processes, in the terms laid down in the basis of the calls, is provided.

6. The selective testing for entry into the Official, Auxiliary and Agent Bodies of the Justice Administration in the various territorial areas shall be convened and resolved simultaneously by the Ministry of Justice and Home Affairs.

7. The calls may include the conduct of a training course, which may be selective, and which will be carried out in the Center for Legal Studies of the Administration of Justice referred to in Article 434 of the Organic Law of Power. Judicial.

In this case, the number of approved in the previous phases cannot exceed that of the places called.

The opponents proposed for the conduct of the targeted course will be appointed as trainee officers.

Those who could not conduct the selective course for military service compliance or replacement social benefit, or because of force majeure duly justified and appreciated by the Administration, may be incorporated into the immediately thereafter, interleaving at the place corresponding to the score obtained. Those who do not exceed the course may also be incorporated immediately after the course, with the score assigned to the last of the participants in the course. Failing to overcome it will lose all of their rights to the appointment of career officials.

Article 20. Selection principles applicable in the field of Autonomous Communities that have received the transfer of personal means for the functioning of the Administration of Justice.

Without prejudice to the provisions of the previous article, the principles governing the selection of the Autonomous Communities that have received the transfer of personal means for the functioning of the Administration of Justice, shall be as follows:

1. The rules for the call for selective testing shall be reported by the Autonomous Communities prior to their approval by the Ministry of Justice and Home Affairs.

2. In accordance with the provisions of Article 491 of the Organic Law of the Judiciary, the calls will be territorialized in those Autonomous Communities that have received the transfer of personal means for the functioning of the Administration of Justice.

3. The rules of call shall be published in the Official Gazette of the Autonomous Communities simultaneously with the publication in the "Official Gazette of the State". In the event that such concurrency is not possible, the terms and deadlines set out in the call will be counted from the publication in the "Official State Gazette".

4. Knowledge of the official languages of the Autonomous Communities shall be appraised in accordance with the following criteria:

(a) In the free shift, an optional test of knowledge of the language may be established, which in no case shall be of a non-eliminatory nature. Applicants who certify the knowledge of the language in accordance with the knowledge levels laid down in the second provision of this Regulation shall be exempted from the test. In both cases, the basis of the call shall establish the corresponding score, which shall be taken into account only for the award of destination within the corresponding Autonomous Community.

(b) In the course of internal promotion in restricted competition, knowledge of the language shall be valued as merit in accordance with the scale set out in Articles 5.4, 11.4 and additional provision of this Regulation; and shall be applicable only in the field of the Autonomous Community.

5. The selective course referred to in the seventh paragraph of the previous Article may be carried out in the centres, institutes or training departments which are dependent on the Autonomous Communities. In this case, the course must be previously approved by the Legal Studies Center of the Administration of Justice, so as to ensure the homogeneity of the initial training process.

Article 21. Disabilities.

1. In the selective processes for entry into the Corps of Officers, Auxiliary and Agents at the service of the Administration of Justice, persons with disabilities will be admitted on an equal footing with other applicants.

Calls shall not establish exclusions for physical or mental limitations, without prejudice to incompatibilities with the performance of the relevant tasks or functions.

2. Selective tests shall be carried out for persons with disabilities who request them for the possible adaptations of time and means to be carried out. This possibility should be expressly stated in the calls, as well as the need for the interested parties to make a specific request in the request for participation.

To this end, the courts may require a report and, where appropriate, collaboration of the technical bodies of the labour, health or competent bodies of the Ministry of Social Affairs.

3. Selective testing shall be carried out on an equal basis with applicants for free access, without prejudice to the adaptations provided for in paragraph 1 above.

If in the development of the selective processes doubts are raised to the court regarding the capacity of the aspirant for the quota of places reserved for persons with disabilities for the performance of the activities usually The competent authority of the Ministry of Social Affairs or, where appropriate, the relevant Autonomous Community may obtain the opinion of the competent body of the Body to which it is elected.

In this case, until the opinion is issued, the applicant will be able to participate conditionally in the selective process, pending the final decision on the admission or exclusion of the process until the reception of the opinion.

Article 22. Basis of the calls.

1. The bases of the calls, published in the Official Gazette of the State and, where appropriate, in the Bulletin of the Autonomous Communities in the terms provided for in the third paragraph of the previous Article, shall bind the convening organ, the the courts and candidates who take part in the trials; they shall be in accordance with the rules applicable to the respective Body and shall be drawn up in accordance with the following rules:

(a) The order of action of the candidates in all the tests that are called for the different Bodies in the course of the annuity, shall be determined by the draw provided for in Article 17 of the General Rules of Procedure Personal Income to the Service of the General Administration of the State and Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, approved by Royal Decree 364/1995, of 10 of March.

(b) The calls shall contain the maximum and minimum time limits within which the evidence is to be commenced and concluded, with the necessary timetable for the completion of the tests by the courts. By way of derogation, the maximum period laid down may be amended by the convening body, provided that it is objectively justified and must be heard before the courts.

c) Between the completion of one of the exercises and the start of the next one, there will be a minimum of forty-eight hours and a maximum of forty days.

(d) The relationships of candidates admitted and excluded for the financial years shall be made public within three months of the end of the period for submitting applications, with certified copies thereof, to the less, in the notice boards of the Convener Body, of the competent authority of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, and of the High Court of Justice of the Autonomous Community where the oppositions are to be held.

2. The General Staff Regulations for the Service of the General Administration of the State and for the Provision of Jobs and Professional Promotion of Civil Servants of the General Administration of the State, approved by Royal Decree 364/1995, of 10 March, will be of application to the selection processes.

Article 23. Appointment and first destination.

Those who have passed the internal promotion process in restricted competition or the selection tests determined in the call, including, where appropriate, the optional and accredited tests, within the regulatory period, to meet the requirements for taking part in those requirements, they shall be appointed and intended for the purposes of the qualification order and according to their preferences.

Article 24. Time limit.

Those appointed shall take possession of their positions within the period of twenty calendar days, numbered from the date of the publication of their appointment in the "Official Gazette of the State" or, failing that, from their communication to the data subject.

The appointments will be published simultaneously, in addition, in the Official Newsletters of the Autonomous Communities that have received the transfer of personal means for the operation of the Administration of Justice. In the event that the simultaneous publication is not possible, the period of delay shall start from the day following that of the publication in the "Official Gazette of the State".

Article 25. Reduction or extension of the period of time.

In justified cases, the Ministry of Justice and Interior, on its own initiative, on a proposal from the corresponding bodies of the Autonomous Communities that have received the transfer of personal means for the operation of the Administration of Justice, or at the request of the parties concerned, may reduce or extend to the extent necessary the deadlines. In the event that the reduction or extension of the period of validity affects an official whose origin or destination is the territory of any of the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, the Ministry of Justice and Home Affairs shall communicate it to the competent authority of the Autonomous Community.

Article 26. Oath or promise and inauguration.

1. The quality of the official will be acquired from the inauguration of the first destination, after the oath or promise given in the following form: " I swear or promise to keep and keep faithfully the Constitution and the rest of the legal system, loyalty to the Crown and fulfill the duties of my office in front of everyone " (article 460 LOPJ).

2. The oath or promise, as well as the inauguration of the first destination, shall be taken before the President of the Court, Prosecutor, Judge or Head of the Body concerned, according to the official's fate (Article 459.1 and 2 LOPJ). In the event that the organ is not in operation, the possession shall, in the absence of the Judge, the Dean or the President of the High Court of Justice.

3. In the case of the taking of possession, the expression of the person concerned must be stated that he does not come to any post or activity in the public sector, as required by the Organic Law 1/1985, of 18 January, of incompatibilities of the Staff at the service of the Administration of Justice.

4. The possession shall be entered in the Staff Book existing in the body, and shall be brought to the attention of the Ministry of Justice and Home Affairs, or, where appropriate, of the competent authority of the Autonomous Community which has received the transfer of media personnel for the operation of the Administration of Justice, for constancy in the personal file of the data subject.

5. The one who will refuse to take oath or promise, or without fair cause, will cease to take possession will be understood to resign from office and to be part of the Body, having to account for it by the respective organ to the Ministry of Justice and Interior or, in their case, to the competent authority of the Autonomous Community.

6. If there is a fair impediment to the lack of presentation for the inauguration, the applicant may be rehabilitated. The rehabilitation shall be agreed by the Ministry of Justice and Home Affairs at the request of the person concerned, subject to a report, if appropriate, of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice. The rehabilitated, in such a case, shall be required to take the oath or promise and to post office within the time limit specified, which may not exceed half of the normal period. If the place to which it was intended has been covered, it shall be intended for the place of choice of the deserted places in the last contest, if they exist and, in another case, according to the needs of the service.

Article 27. Loss of official status.

1. The Official, Auxiliary, or Agent condition is lost to any of the following causes:

a) Death.

b) Renunciation. It shall be understood as such who shall have an impact on the case referred to in paragraph 5 of the previous Article.

c) Loss of Spanish nationality.

d) Disciplinary separation of service separation.

e) Imposition on a firm basis by the courts for the penalty of disablement.

f) Condemnation of a crime, related to the service, or causing harm to the Administration of Justice or to its recipients.

2. The working relationship ceases also by virtue of forced or voluntary retirement.

Article 28. Renunciation, loss of nationality, separation.

1. The waiver of the status of Officer, Auxiliary or Agent must be formulated in writing by the official and shall not take effect until the acceptance is communicated to him by the Minister of Justice and Interior. In those Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, the communication of the waiver shall be made through the competent body of the Autonomous Community.

2. If the condition of Officer, Auxiliary or Agent for the loss of Spanish nationality has been lost, the latter may be subject to rehabilitation, in the event of a recovery of nationality.

3. The loss of the status of Officer, Auxiliary or Agent for Separation of Service, agreed as a disciplinary sanction, shall be final, without prejudice to possible rehabilitation, in accordance with the rules laid down in this Regulation. Regulation.

Article 29. Retirement.

1. The Officers, Auxiliary and Agents, whatever their administrative situation, will be retired ex officio and with forced character at the age of sixty-five years (article 467 LOPJ). It shall be agreed in advance sufficient time for the official to effectively cease the service on the day applicable.

2. Retirement for permanent incapacity for the performance of the post or for appreciable reduction of powers, as well as voluntary retirement, shall be governed by the provisions of the general legislation of officials and of the Passive Classes.

3. Where the pension is affected by an official assigned to an Autonomous Community who has received the transfer of personal means for the operation of the Administration of Justice, the communication shall be carried out directly by the Ministry of Justice. Justice and Home Affairs to the competent authority of the Autonomous Community, who shall forward it to the person concerned and to the body in which the official is providing services.

CHAPTER II

Of the administrative situations

Article 30. Situations.

1. Officers, Auxiliary and Agents can be found in any of the following situations:

a) Active service.

b) Special services.

c) Voluntary or forced exceding.

d) Suspension.

2. The declaration of the administrative situations referred to in paragraphs (b), (c) and (d) of the preceding paragraph shall be made by the Ministry of Justice and Home Affairs or, where appropriate, by the Autonomous Communities which have received the transfer of funds. personal for the operation of the Administration of Justice.

Article 31. Active service.

1. Officers, Auxiliary and Agents are in active service situation:

(a) When they occupy a place corresponding to the organic template of the Body, they are pending the taking of possession in another destination or perform their duties in the General Council of the Judicial Branch or in the Court Constitutional.

(b) Where it has been granted to them by the Ministry of Justice and Interior or by the competent authority of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, secondment of a temporary service under the terms of Article 58 of this Regulation, or in another Court or Court, or in such Departments or Organs, in Centres dependent on them, or in connection with the Administration of Justice in another Ministry or Department.

2. The enjoyment of licenses or regulatory permissions will not alter the active service situation.

3. Those in the active duty situation shall have all the rights, prerogatives, duties and responsibilities inherent in their condition.

Article 32. Special services.

1. The Officers, Auxiliary and Agents will move to the special services situation when one of the following circumstances is present:

(a) When authorised to carry out a mission for a given period of more than six months, in international bodies, foreign governments or public entities, or in international cooperation programmes.

b) When they acquire the status of officials at the service of international organizations, or of a supranational nature.

(c) When they are appointed members of the Government, or of the governing bodies of the Autonomous Communities, or senior officials of the Autonomous Communities who are not necessarily required to be provided by public officials.

(d) When elected by the General Courts to be part of the constitutional or other bodies whose election corresponds to the Chambers.

(e) Where they are assigned to the services of the Ombudsman, or intended for the Court of Auditors, in the terms provided for in Article 93.3 of Law 7/1988 of 5 April.

f) When you access the status of Deputy or Senator from the General Courts.

g) When accessing the status of members of the Legislative Assemblies of the Autonomous Communities, if they receive periodic remuneration for the performance of the function.

When they do not receive such remuneration, they may choose to remain in the active service situation or move to the special services situation, without prejudice to the rules of the Autonomous Communities on incompatibilities. of the members of the Legislative Assemblies.

h) When they perform paid elective and exclusive dedication positions in the local Corporations.

i) When they serve in the Govern ment of the Presidency of the Government, of the Ministers and of the Secretaries of State or in the corresponding organs of the Autonomous Communities, and do not choose to remain in the situation of active service in your Source Body.

(j) When appointed to any position of political character from which incompatibility is derived in order to exercise the public function.

k) When they comply with the military service or equivalent replacement provision.

l) When elected members of the European Parliament.

m) When they are the status of Parliamentary Commissioners of the Autonomous Community or Adjunto to them, as provided in Law 36/1985 of 6 November of prerogatives and guarantees of similar figures to the Ombudsman People and arrangements for collaboration and coordination of the same.

n) When this is determined in a rule with a range of Law.

2. Officials in special services shall be taken into account for the time they remain in such a situation for the purposes of promotions, trienes and passive rights, and shall be entitled to the reservation of place and destination that they occupy.

3. Officials in the situation of special services shall receive the remuneration of the post or effective charge they perform and not that which corresponds to them as an official. Exceptionally, and where the remuneration for the three-year periods of which they are recognised cannot, for legal reasons, be levied on the basis of the corresponding budgets, they shall be paid in such a way by the Department in which they are paid. performed their last job position in active service situation.

4. The Members, Senators and Members of the Legislative Assemblies of the Autonomous Communities who lose that condition, by dissolution of the corresponding Chambers or termination of the mandate thereof, may remain in the situation of special services until their new constitution (Article 353.2 LOPJ).

Article 33. Forced leave.

1. Forced leave is caused by the following causes:

a) By deleting the job position that is assigned when it means the mandatory termination of the active service.

(b) Where the official who has been declared in a situation of permanent suspension, after the end of the period of suspension and has applied for re-entry, is not provisionally assigned or obtains a job by means of the system of competition within six months from the request for re-entry.

2. Forced surpluses shall be entitled to receive their basic remuneration, family benefits for the child in charge and the payment of time in the situation for the purposes of rights and liabilities.

Article 34. Voluntary leave.

You will proceed to declare in a situation of voluntary leave to the Officers, Auxiliary and Agents in the following cases:

(a) When they belong, in active service situation, to another Body or Scale of any of the Public Administrations or to provide services in Public Sector Entities or Entities, and do not correspond to them another situation (Article 357.1 LOPJ).

(b) Voluntary leave may be granted for a family group, with a minimum duration of two years and a maximum of 15 to the officers, assistants and agents of the administration of justice whose spouse resides in another municipality. for having obtained and being a permanent job, as a career or employment officer in any public administration, an autonomous body, a management body for social security, as well as in bodies constitutional or the judiciary.

(c) For special interest, the voluntary leave may also be granted to the officers, assistants and agents who request it. In order to declare the status of voluntary leave for this cause, the applicant will have to have completed three years of effective service since he/she has acceded to the Corps or since his/her re-entry, and in such a situation will not be able to stay for more than ten years continued for no less than two years.

Article 35. Excess for child care.

1. Officers, Auxiliary and Agents shall be entitled to a period of leave of absence, not exceeding three years, in order to take care of each child's care, either by nature or by adoption, from the date of birth of the child. Successive children shall be entitled to a new period of leave of absence, which shall, where appropriate, end the period for which they are enjoying themselves. When the parent or parent works, only one of them can exercise this right. The period of stay in that situation shall be computable solely for the purposes of triennial, passive rights and application for voluntary leave of interest. During the first year, from their concession, they will be entitled to the reserve of the job they performed. After this period, the reserve shall be put to the same location and equal pay. The granting of leave is conditional on the prior declaration of no other activity preventing or undermining the care of the child.

2. For the purposes of this Article, the reception of minors shall produce the same effects as the adoption during the duration of the same.

Article 36. Rights of surplus volunteers.

Officers, auxiliaries and agents on a voluntary basis shall be entitled to re-entry, but shall not pay remuneration, nor shall they be computable for the time remaining in it for the purposes of promotions, trienes and passive rights.

Article 37. Officials pending file or sanction.

The situation of voluntary leave may not be granted in the interest of the official subject to disciplinary proceedings for a very serious misconduct, or who has not complied with the sanction previously imposed on him. In the case of serious misconduct, a reasoned decision of the Ministry of Justice and Home Affairs or, where appropriate, of the competent Autonomous Community, the declaration of voluntary leave may be refused in the interest of the individual.

Article 38. How to apply for excess.

1. The application for voluntary leave shall be submitted to the Ministry of Justice and Home Affairs, or, where appropriate, to the competent authority of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, through and with the report of the President of the Court, Prosecutor, Judge or Head of the respective Body, in which it must be stated whether the person concerned is subject to disciplinary action or has pending the compliance with some sanction.

2. Those who apply for it under Articles 34.a, 34.b) and 35 of this Regulation shall be required to provide a complete justification for the concurrency of the relevant circumstance.

Article 39. Suspension.

1. The suspension may be final or provisional.

2. The suspension shall be final, whether imposed as a disciplinary correction or as a result of the final imposition by the courts of the penalty of suspension.

3. The suspension will be provisional:

(a) Where there has been a claim to have taken place against them for offence committed in the performance of their duties.

(b) When for any other criminal offence they have been issued against them for imprisonment, for bail, for prosecution, or for the opening of an oral trial. However, by means of a reasoned decision of the Ministry of Justice and Home Affairs, or, where appropriate, of the competent Autonomous Community, and in the light of the circumstances of the case, the provisional suspension declaration may be exempted.

(c) When in the course of a disciplinary procedure there appear to be rational indications of the commission of a very serious misconduct.

In this case, the expedited officer may be immediately suspended in his/her duties.

4. The suspense will be temporarily private in its functions.

Article 40. Definitive suspension.

1. The suspension imposed on a disciplinary record shall not exceed one year.

2. The final suspension, whatever its determining cause and in any case exceeding six months, shall entail the loss of the destination, which shall be provided in a regulatory manner, and the deprivation of all the rights inherent in its status as a official as long as you remain in this situation, until the suspended active service is reintegrated.

3. The final suspension shall be paid for the time in which it has been suspended on a provisional basis.

Article 41. Provisional suspension.

The provisional suspension provided for in Article 39 (3) (a) and (b) of this Regulation shall be agreed by the Ministry of Justice and Home Affairs or by the competent authority of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, and in the case of paragraph (c) of the same Article shall be carried out in the manner provided for in Article 98 of this Regulation.

Article 42. Provisional suspense rights.

1. The provisional suspenseful shall be entitled to receive in this situation seventy five per cent of his basic remuneration and, where appropriate, the family benefits for a dependent child; he shall not be credited with any failure to appear or statement of rebellion.

2. The time of provisional suspension, as provided for in Article 39 (3) (c), as a result of disciplinary proceedings, shall not exceed six months, except where the cessation of the suspension is attributable to the person concerned. The concurrence of this circumstance will determine the loss of all retribution until the file is resolved.

3. Where the provisional suspension is not definitively lifted, the separation of the service is not agreed, the duration of the service shall be counted as an active duty, and shall be agreed by the Ministry of Justice and the Interior or by the competent body of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, the immediate reinstatement of the suspended order, with the recognition of all economic rights, and where applicable, from the date of the suspension, for which the relevant authorities shall send to the relevant Ministry or Department of the Autonomous Community the testimony of the decision taken.

Article 43. Reinstatement from the situation of special services.

Those who are in the situation of special services must be incorporated in their place in the course of twenty calendar days, at most, from the following to the end of the position or destination that determined that or from the date of its licensing. Failure to do so will automatically lead to the situation of voluntary leave of interest.

Article 44. General rules for reentry to the active service.

1. The return to the active service of officials who do not have a reserve of place and destination shall be made by means of their participation in calls for tenders for the provision of jobs.

2. Rereceipts may also be made on an interim basis, where the needs of the service so advise, on the occasion of a vacant vacancy and provided that the requirements for the performance of the post are met.

For this purpose, the surplus officer shall request such an attachment to the Ministry of Justice and Home Affairs, with the expression of the requested centre (s) and its order of priority.

In the event that any of the requested centers is located in the territory of the Autonomous Communities that have received the transfer of personal means for the operation of the Administration of Justice, the Ministry of Justice and Home Affairs shall communicate it to the competent authority of the Autonomous Community, which shall resolve in the terms set out above, by moving this resolution to the Ministry of Justice and Home Affairs.

The following order of preference will be respected for this:

a) Forced surpluses.

b) Final Sussas that would have lost their job.

c) Enabled.

d) Surplus volunteers.

The preference within each of the submittal groups, surplus volunteers and rehabilitated, will be determined by the age of the filing date of the provisional re-entry application.

The post assigned on a provisional basis shall be convened for final provision within a maximum of one year, and the official re-entered with a provisional destination shall be required to participate in the call.

3. The forced surpluses, the final sussats which would have lost their job and the voluntary surplus of Article 34.a), of this Regulation will enjoy, in this order, the first time that the vacant contest of the Body is announced in the the same location where they served when their active service was terminated, and the right to take care of it.

Article 45. Reentry of the forced surpluses.

1. The Ministry of Justice and Home Affairs or, where appropriate, the competent authority of the competent Autonomous Community may, where the needs of the service so require, provide for the compulsory re-entry of the forced surpluses by means of their temporary posts of its Corps, ensuring that the destination is within the municipality or province or, failing that, of the Autonomous Community of the official's vicinity. If they do not accept provisional membership, they shall be declared on a voluntary basis of interest.

2. Officials in this situation, whether or not they are provisionally attached, shall participate in the first competition to be convened, the requirements of which meet, in order to obtain a permanent job. If you do not participate in this competition or do not get a job, you will be assigned to any of the other contestants.

Article 46. Reentry of the definitive sussones.

1. The final members who have lost their job must apply for re-entry to the active service within 10 days of the end of the period of suspension, and in that case the Ministry of Justice and Home Affairs, or Case, the competent authority of the Autonomous Community, may incorporate them into the active service by placing them on a provisional basis to a position of their Body when the needs of the service so advise.

The reentry application shall be accompanied by a judicial or administrative decision declaring compliance with the sanction imposed or its termination by other causes.

2. If, within the period laid down in the preceding paragraph, the person concerned does not make a request for re-entry, he shall be declared on a voluntary basis of interest, with effect from the date of the end of the period of suspension.

The application shall be made by the officials who are responsible for the first transfer contest, the requirements of which meet, in order to obtain a job. If you do not participate in this competition or do not obtain the job requested, you will be directed, if any, to any of the other contestants. In the case provided for in Article 33.1.b) of this Regulation, it shall be declared in a situation of enforced leave.

Article 47. Rehabilitation.

1. Those who have been separated by any of the intended causes may apply for return to the active service by means of the appropriate rehabilitation file.

The file shall be initiated at the request of the person concerned to the Minister of Justice and Home Affairs, in which he shall state the position he served, cause and date of the separation, place of residence during the time of this and any other another circumstance that you consider appropriate.

2. Those who have been separated by reason of crime must also justify, in addition, that criminal and civil liability are extinguished, and that the background in the Central Register of Penados and Rebels has been cancelled.

3. In no case may the opening of the file be requested before two years have elapsed, on the basis of the firmness of the separation agreement, unless it has been agreed by the causes provided for in Article 26, number five of the Regulation.

4. The application, in union with the records of the Ministry, shall be forwarded to the General Council of the Judicial Branch, in order to issue the appropriate report on the circumstances that may be present in the petitioner and which have a bearing on the service and operation of the Administration of Justice. The report shall forward it to the Ministry of Justice and Home Affairs for the resolution. If the official who seeks rehabilitation would have had as a last destination any of those located in the territory of an Autonomous Community that has received the transfer of personal means for the operation of the Administration of Justice shall be requested, prior to the report of the General Council of the Judicial Branch, report of the competent organ of the Autonomous Community.

5. The nature of the determining factor of the separation shall be taken into account in order to agree on the rehabilitation, and the circumstances of any order in which the separation is made in relation to the operation of the Administration of Justice.

6. The decision of the file shall be communicated to the person concerned, and if it is unfavourable, no new file may be initiated until another two years.

Article 48. Reentry of the surplus volunteers.

1. The voluntary surplus of Article 34 (a), (1), at the end of the post of the Body in which they are active, may apply for re-entry within ten days, accompanying the certification body of the Head of Staff of the Body of the origin, accrediting of the services provided in that Body, of not being subjected to a file that carries separation of the Body from which it came, nor suspended penal or disciplinarily in it.

After the period indicated without the person concerned to take the active duty return, he shall be declared on a voluntary basis of interest.

2. Before the end of the 15-year period of the situation of voluntary leave by family grouping as referred to in Article 34 (b), the return to the active duty shall be applied for, declaring, failing to do so, the situation of voluntary leave of interest.

3. The lack of a request to return to the active service within the period for which the voluntary leave is granted for particular interest (referred to in Article 34 (c) of this Regulation) shall result in the loss of the official status.

4. Those officials who applied for re-entry and, having not obtained a contest, exceeded the maximum period of their voluntary leave, shall be awarded a deserted place.

Article 49. Reentry of surplus for child care.

If before the end of the period of leave of absence for child care the official does not request the return to the active service or the pass to the situation of voluntary surplus for particular interest, it will be declared of trade in this situation.

CHAPTER III

Of the vacancies and provision of vacancies

Article 50. Officers 'Corps, Auxiliary and Agents' templates.

1. The staff members shall be employed by the Officers, Auxiliary and Agents Bodies, who may not exceed those laid down in the budget, shall determine the number of places corresponding to each working centre, according to the needs of the service and shall, where appropriate, express the technical conditions and essential requirements for the performance of the posts. They will be approved by the Ministry of Justice and Interior, with a report from the General Council of the Judicial Branch or the Fiscal Council, after negotiation with the trade union organizations most representative of the structure and distribution of the posts of and with the agreement of the Ministry of Economy and Finance, when they involve modification of the expenditure.

2. In the field of the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, the competent bodies of the authorities shall determine, in accordance with the procedure laid down in the previous paragraph, with the exception of the conformity of the Ministry of Economy and Finance, the template for the bodies located in its territory and subject to the approval of the Ministry of Justice and Home Affairs.

The Ministry of Justice and Interior will approve the templates whenever they meet the following parameters:

(a) The homogeneity of the approved stencils at the state level with the proposals in the territory of the Autonomous Community should be maintained.

(b) In any event the proposed template shall be in line with the needs of the service and the functions established in the Service of the Administration of Justice.

c) The design of the template must respect the basic lines of current distribution of the Corps to the service of the Administration of Justice.

d) The maximum percentage of deviation by total allocations and Bodies shall not exceed 5 per 100 of the proportions existing at the time of the transfer of functions in relation to the approved level state.

e) To determine such deviation, template modifications that are a direct result of the creation, transformation or deletion of judicial organs shall not be taken into account.

3. The reorganization of staff to the needs of each institution shall be carried out by the Ministry of Justice and Interior or, where appropriate, by the competent authority of the Autonomous Community which has received the transfer of personal means to the institution. operation of the Administration of Justice, following a report by the President, Judge Dean, Chief Prosecutor, or Director of the Body concerned, heard by the most representative trade union organisations.

4. The Ministry of Justice and Home Affairs, through the General Secretariat of Justice, or, where appropriate, the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, may request the President, Judge Dean, Chief Prosecutor or Director of the Body concerned, as much data as is necessary for the establishment of the staff members ' templates referred to in this Regulation.

Article 51. Targets.

1. They shall be the work of the Administration of Justice in which the Officers, Auxiliary and Agents of the Administration of Justice may be assigned:

a) Supreme Court.

b) National Audience.

c) Each of the Fiscalas.

d) Each of the High Courts of Justice.

e) Each of the Provincial Hearings.

f) All Central Courts of Instruction and Criminal.

g) The Central Civil Registry and the Unical Civil Records of each locality.

h) All Criminal Courts in each locality.

i) All the Courts of First Instance and Instruction of each locality.

j) All the Courts of First Instance of each locality.

k) All the Courts of Instruction of each locality.

l) All the Courts of the Administrative-Administrative of each locality.

m) All the Courts of the Social of each locality.

n) All Minor Courts in each locality.

n) All the Penitentiary Surveillance Courts of each locality.

or) Each of the decanates referred to in Article 166.3 LOPJ.

p) Each of the Peace Courts.

q) Each of the other Agencies and Services of the Administration of Justice, without prejudice to the provisions of Article 2.2 of this Regulation.

2. In the High Courts of Justice or the Provincial Hearings, there may be destinations of variable territorial extension support services, which will constitute independent, comprehensive and comprehensive jobs of one or more provinces within the of the Autonomous Community, exclusive of Officers, Auxiliary and Agents, who may perform their duties in all the centres of work of this field, by means of an attachment made by Resolution of the Ministry of Justice and Interior or of the competent bodies of the Autonomous Communities which have received the transfer of media personal to the functioning of the Administration of Justice, on a proposal or prior report of the respective Presidents. Likewise, in the same terms, common services and support services may exist, depending on the Superior Courts of Justice, the Provincial Hearings and the Decanates, when the needs of the service so advise, that constitute independent jobs.

3. Officials in support services shall be remunerated in accordance with the provisions of the rules on supplementary remuneration and, where appropriate, with a view to establishing the Royal Decree on compensation for the purposes of service. They shall be deemed to have their residence at the seat of the High Court of Justice, the Provincial Court or the corresponding Decanate.

Article 52. Reordering of personnel.

Where the adequacy of the staff to the posts of a centre is appropriate, the corresponding amendment of the establishment plan shall be carried out by the Secretary-General of Justice or, where appropriate, by the body. The competent authority of the Autonomous Community shall, in accordance with the following rules, award the posts to the staff concerned following the report of the President, Judge Dean, Chief Prosecutor or Director of the Agency concerned:

(a) The award of the officials assigned to the work centre for voluntary acceptance shall be offered on a prior basis. If there is more than one volunteer officer, the oldest of the applicants shall be chosen, unless the job characteristics require certain knowledge reflected in the template, in which case it shall be designated as the oldest. fulfil the conditions of the applicants, by means of a reasoned decision, with due publicity and hearing the most representative trade union organisations.

(b) If there is no official voluntarily concerned, the compulsory award shall be made to that of the lowest age in the Body, among all those destined for the work centre unless special requirements are required. the technical conditions required by the characteristics of the job reflected in the template, in which case it shall be designated at the lowest age to meet these conditions by means of a reasoned and notified resolution to the person concerned, more representative trade union organisations.

(c) Exceptionally, the official whose job has been awarded to him in a forced manner may participate in the transfer competitions, even if the time limit of a year required by Article 57, paragraph 1 has not been passed on. (c) of this Regulation. They shall, in turn, have the right to obtain another job at the centre of their own right at the same time as the ordinary contest in which they are offered and taking part in it.

(d) The forced award may not, in any case, be a change of the working or local centre. If the remuneration received by all the concepts is reduced, the consent of the person concerned shall be required.

Article 53. Communication of vacancies.

Any vacancy occurring in the templates of the Bodies referred to in this Regulation shall be communicated to the Ministry of Justice and Home Affairs or, where appropriate, to the competent authority of the Autonomous Community which has received the the transfer of personal means for the operation of the Administration of Justice, by the respective superior within 24 hours of the operation, with the expression of the job to which it relates.

Article 54. Provision of vacancies.

1. The provision of vacant posts in the various bodies shall be made by means of transfer competitions, which shall be convened in their respective fields by the Ministry of Justice and Home Affairs and by the relevant bodies of the Communities. Self-employed persons who have received the transfer of personal means for the operation of the Administration of Justice. Competitions shall be published at least three times a year, provided that there are vacancies, in the 'Official Gazette' and in the 'Official Gazette' of the Autonomous Communities concerned. The call shall include the vacancies, with the expression of the respective work centre, as well as the other characteristics set out in this Regulation.

The Ministry of Justice and Interior will approve, after reporting by the Autonomous Communities that they have received the transfer of personal means for the operation of the Administration of Justice, the bases-framework to which they are adjust the different calls. In turn, the Autonomous Communities shall determine, with the agreement of the Ministry of Justice and Home Affairs, the vacant positions in their territory to be included in the calls.

2. The publication in the "Official Gazette" of the Autonomous Communities will be carried out simultaneously with the publication in the "Official Gazette of the State". In the event that such concurrency is not possible, the time limits shall be computed from the day following the publication in the 'Official Gazette of the State'.

3. (a) The various competitions convened shall be dealt with in a coordinated manner so that officials who wish to participate may apply for any vacant place of the State, by means of a single application or application, expressing the destinations to which aspired, numbered correlatively by order of preference.

(b) It may be stated, in the same order of preference, that the jobs to be sought within each centre. In this case, the applicant shall not be assigned to the petitioner if it does not correspond to one of the specifically requested posts.

4. Applications must be entered in the General Register of the Ministry of Justice and Home Affairs, in that of the Autonomous Community concerned, or in the bodies determined by Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, within ten calendar days, counted from the following to the publication of the contest in the "Official Gazette of the State".

5. The allocation of the destinations shall be carried out in coordination by the Ministry of Justice and the Interior and the competent bodies of the Autonomous Communities in such a way as to ensure a uniform assessment criterion and that no further of a single destination. To this end, the Ministry of Justice and Home Affairs, after a report by the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, shall approve the software necessary for its management, in the same way as the first provision for the Central Staff Register.

6. The resolutions of the various invitations to tender shall be published simultaneously in the Official Gazette of the State and, if necessary, in the Official Gazette of the Autonomous Community. Where such concurrency is not possible, the time limits shall be computed from the day following that of the publication in the 'Official Gazette of the State'.

7. The resolution of the contest shall comprise the following:

a) Expression of the destination awarded to each official with reference to the job center.

b) Expression of the awarded job within each center.

c) Declared Vacants.

d) Deadline for officials to cease. In the event of failure to express an opinion, the eesc shall be deemed to be within the time limit laid down in Article 55.2 of this Regulation, except as provided for in Article 75.

8. Destinations and jobs shall be awarded to applicants for the greatest age of effective services in the body concerned, with a full year of service being given and a proportion of the number of jobs being allocated for periods of lower periods, taking as the starting date the publication of the appointment in the "Official Gazette of the State". In the case of no particular job being requested, the other older contestants shall be awarded the non-application. The places that are deserted will be covered with those who enter the Body according to the order established in the selection tests or provisionally for the re-entered into the active service in the form prevented in this Regulation (article 494.2 LOPJ).

9. By way of derogation from the preceding paragraph, in competitions for the provision of places in the territory of those Autonomous Communities which have an official language of their own, the oral and written knowledge of this duly accredited by Official certification means the recognition of up to six points, depending on the level of knowledge of the language in the terms set out in the second provision of this Regulation, to these alone effects.

10. Where, in accordance with the provisions of the template, certain places to provide special knowledge or financial, accounting or administrative management functions, to whom they are accredited by official certification, knowledge, they shall be granted, to these alone effects, up to six points in addition to the age they have for the award of such places.

11. In the case of vacancies which are advertised in a given contest for the same municipality, two officials who meet the required requirements may make their requests conditional on the fact that they both obtain a destination in that municipality. contest in the same municipality, judicial party or province, in the terms that the convocation establishes, understanding otherwise, the request made by both of them has been annulled. The officials who take this conditional request must specify it in their request and accompany photocopy of the other official's request.

Article 55. Term of cessation and taking of possession.

1. The time limit for taking possession in any case of removal shall be as determined in Article 24 of this Regulation, but where it takes place within the same population, it shall be carried out within eight calendar days of the cessation.

2. The time limit for taking possession shall start from the day following that of the cessation, which shall be effected within three working days of the publication of the decision of the contest in the 'Official Gazette of the State' or, where appropriate, in the "Official Gazette" of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice. If the decision involves re-entry to the active service, the time limit for taking possession shall be computed from that publication.

3. The publication of the resolution in the "Official Gazette" of the Autonomous Communities will be carried out simultaneously with the publication in the "Official Gazette of the State". In the event that such concurrency is not possible, the time limits shall be computed from the day following the publication in the 'Official Gazette of the State'.

Article 56. Permutas.

In no case will the permuts be authorized.

Article 57. Conditions for concurring.

They will not be able to take part in the contests:

(a) The appointed and appointed officials who have not yet taken possession of their destination within the time limit.

(b) Officials for a post within the same centre where they are intended, with the exception provided for in Article 52 (c).

(c) Those who will not be destined for one year, both in forced and voluntary destination.

d) Those who are subject to criminal proceedings or disciplinary proceedings for very serious misconduct. Furthermore, the Ministry of Justice and Home Affairs or, where appropriate, the competent bodies of the Autonomous Communities may, on a reasoned basis, exclude participation in the competitions of officials submitted to disciplinary proceedings by severe missing.

e) The subsates.

(f) Sanctioned with forced removal, until two years elapse, or five for the same location in which the penalty was imposed.

Article 58. Service Commissions.

1. They may be conferred by the Ministry of Justice and Home Affairs or, where appropriate, by the competent authority of the Autonomous Community, temporary service commissions, or in another Court or Court, or in departments or bodies connected with the Administration of Justice. The service commission shall conclude when the change of destination of the official occurs, unless it is confirmed in that committee.

2. The service commission shall have a maximum duration of six months, which may be extended by six months, with a requirement for its granting of the prevailing interest in the service and the reports of the hierarchical superiors of the places affected by the commission. Commission of services may be granted only where it is not possible to attend to the functions by other ordinary or extraordinary means of provision of jobs provided for in this Regulation, and in the event of urgent and indefatiable need.

3. Service commissions may be granted to officials throughout the national territory, irrespective of the place of destination of any of them. However, where service commissions are granted which involve the temporary transfer of the official to a territory dependent on an administration other than that on which it depends, the approval of both administrations shall be required.

4. Where the commission of service is forced to transfer, in the absence of officials willing to accept it voluntarily, its concession shall preferably be granted to the official who is destined in the same locality or in more next, or with better travel facilities, and have lower family burdens and, on an equal footing, in the least-aged.

In the case of commissions of service within the same locality, the best interest of the service and the training of the official for the job to be covered will also be addressed.

Article 59. Appointment of interim members.

The Ministry of Justice and Home Affairs or, as the case may be, the competent bodies of the Autonomous Communities which have received the transfer of personal means for the operation of the Administration of Justice, either ex officio or Proposal of the Chambers of Government of the Supreme Court, the National Court or the Supreme Courts of Justice or of the Judge Decans, may appoint Officers, Auxiliary and Interim Agents, for the needs of the service when it is not possible, with the urgency required by the circumstances, the provision of the service by an official career, in accordance with the objective criteria to be set out in the Ministerial Order or, where appropriate, the provision of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice. The persons appointed must meet the requirements and qualifications necessary for the entry into the Body and demonstrate their aptitude; they shall take possession within the time limit laid down in Article 55 of this Regulation; they shall have the same rights and duties as the officials, with the exception of the right to work, and the same basic and supplementary remuneration, except for triennial. They shall be terminated in accordance with the terms laid down by the Ministerial Order or, where appropriate, the provision of the Autonomous Community and, in any event, where the vacancy is provided, its holder is incorporated, or the reasons for urgency disappear.

Article 60. Substitutions.

1. The officers, auxiliaries and agents for use in courts and tribunals of the same locality shall replace each other, whatever their degree, in the cases of vacancy, absence, license, permit or other legal reason, with the economic effects that could be set.

2. The replacements shall be agreed by the Ministry of Justice and Interior or, where appropriate, by the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, after the report of the Judge Dean in the case of single-person bodies, or of the respective Presidents in the case of collegiate bodies.

CHAPTER IV

From the Rights of Officers, Auxiliary and Agents

Article 61. Function, Syndication, Strike and Social Security.

1. The Officers, Auxiliary and Agents, who integrate the corresponding templates, will have the right to place of their Body, will enjoy the other rights granted to them by the legal system and to credit their condition, will be issued by the Ministry of Justice and Home Affairs, or, where appropriate, the competent authority of the Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, the corresponding identity document, which shall be returned when the official ceases.

2. The Officers, Auxiliary and Agents may use, in the exercise of their functions a plaque as distinctive of their category, prohibited banners the use of the same outside of the acts of service. The characteristics of this plaque and its concession shall be regulated by Resolution of the General Secretariat of Justice or, where appropriate, of the competent authority of the Autonomous Community.

3. They shall be entitled to union, in accordance with the provisions of the general State law for civil servants (Article 470.1 LOPJ).

4. The exercise of the right to strike by the staff referred to in this Regulation shall be in accordance with the general law of the State for civil servants, although it shall in any case be subject to the necessary guarantees to ensure the maintenance of the essential services of the Administration of Justice (Article 470.2 LOPJ).

5. The Officers, Auxiliary and Judicial Agents will be protected by a social security system.

Article 62. Holidays.

1. The Officers, Auxiliary and Agents shall have the right to enjoy during each full year of active service, computed from September to September, one month of vacation, or to the days that correspond to them if the service time is less. Those destined for the Canary Islands will be able to accumulate in a single period the two-year holidays (Article 371.1 LOPJ).

2. This vacation will preferably be granted, at the request of the person concerned, during the months of July, August and September, by the President of the Supreme Court, Attorney General of the State, President or Prosecutor of the National Court, President or Prosecutor of the High Courts of Justice or Head of the Agency in which they are intended, communicating their concession to the Ministry of Justice and Home Affairs or to the competent authority of the Autonomous Community, where appropriate, taking care of those Authorities that the the service will be duly served, and if not granted will be due to the Article 76 of this Regulation.

Article 63. Nine-day leave for private affairs.

1. Throughout the year, the Officers, Auxiliary and Agents, will also have the right to enjoy nine days of leave for private matters without any justification. Such days may not in any case accrue to paid annual leave.

2. They may distribute them at their convenience and shall be granted to the President, Prosecutor, Judge or Head of the respective Body, always respecting the needs of the service, prior to the Secretary's report, if any.

3. Where, by reason of service, no such permit is granted before the end of December, it shall be granted during the month of January of the following year.

Article 64. Marriage license.

Officers, auxiliaries and Agents shall be entitled to licences on the basis of a 15-day marriage, the grant of which shall be made by the authorities referred to in the preceding article (Article 373.1 LOPJ).

Article 65. License for own affairs.

1. A licence may be granted for own matters, without any remuneration and its cumulative duration may not in any case exceed three months every two years.

2. The application for a licence for own affairs shall be submitted to the General Secretariat of Justice, or to the competent authority of the Autonomous Community, where appropriate, through and with the report of the President, Prosecutor, Judge or Director of the Agency concerned, in If the official is not satisfied, the service shall be duly served.

3. Where it is justified not to have been able to make use of them for service requirements, it may be rehabilitated at the request of the parties concerned.

Article 66. Permissions for justified causes.

1. Permissions will be granted for the following justified causes:

(a) By the birth of a child, and the death or serious illness of a family member up to the second degree of consanguinity, affinity or analogous situation of coexistence; two days when the event occurs in the same locality; and four days when in different locations.

b) By transfer of residence without change of residence, one day and with change of residence ten days.

c) To perform trade union, union training, or personnel representation functions, in the intended terms for the performance of such functions.

d) To attend final examinations, and other final tests of aptitude and evaluation, in official centers during the days of their celebration.

e) The official with a child of less than nine months shall be entitled to a daily time of absence from work. This time period may be divided into two fractions or replaced by a reduction in half an hour to the entry or exit, provided that your spouse does not in turn enjoy this permit.

(f) Who, for reasons of legal guardian, has a direct care of a child of less than six years or a mental or physical diminished who does not carry out paid activity, shall be entitled to a reduction of the working day by one third or a means, with the proportional minoron of their remuneration.

g) Permits shall be granted for the time indispensable for the fulfilment of an inexcusable public or personal duty.

2. The permits referred to in paragraphs (a), (b), (d), (e) and (g) above shall be granted by the President, Prosecutor, Judge or Head of the respective Body, and those referred to in paragraphs (c) and (f) shall be granted by the General Secretariat of Justice or, where appropriate, by the competent authority of the Autonomous Community, after prior reporting by the authorities.

Article 67. Maternity and adoption licenses.

1. Any official, in case of pregnancy, shall be entitled to a period of leave of sixteen weeks or eighteen in the case of multiple births.

2. The permit will be distributed to the person concerned, provided that six weeks are immediately after the birth, and may make use of the father for the care of the child in case of death of the mother. However, in the event that the mother and the father work, that, at the beginning of the period of maternity leave, the parent may choose to enjoy up to four of the last weeks of the leave, provided they are uninterrupted. and at the end of the said period, except that at the time of their effectiveness the incorporation to the work by the mother poses a risk to their health.

3. The licence application shall be sent to the Ministry of Justice and Home Affairs, or, where appropriate, to the competent authority of the Autonomous Community, accompanied by supporting documents proving that it is in the period of 10 weeks before of childbirth.

Later, it must be accredited, also by official medical certificate or presentation of the Family Book, the date the birth took place.

4. In the case of the adoption of a child of less than nine months, the official shall be entitled to an eight-week leave of absence, at his or her choice, either from the time of the administrative or judicial decision of the host or from the decision the legal basis for the adoption of the Directive. If the adopted child is older than nine months and under the age of five, the permit will last for a maximum of six weeks. In the event that the parent and the parent work, only one of them can exercise this right.

Article 68. Economic effects.

The holidays, permits and licenses referred to in the foregoing articles shall not affect the economic rights of officials, except as provided for in Article 65 of this Regulation on the licensing of own.

Article 69. Sick leave.

1. The Officers, Auxiliary and Agents who are unable to attend their job, will be discharged from the service, participating in the first day, except as a result of force majeure, to the President, Prosecutor, Judge or Chief of Staff, who will shall bring to the attention of the Ministry of Justice and Home Affairs or of the competent authority of the Autonomous Community that it has received the transfer of personal means for the operation of the Administration of Justice through, where appropriate, the President or respective Prosecutor.

2. The said discharge may not last more than five days. If you persist, you must request the appropriate license.

3. Sick leave does not authorize in any way to be absent from your residence without the appropriate permission.

Article 70. Licenses for disease reason.

1. Licences for sickness reasons shall be granted by the Ministry of Justice and Home Affairs or, where appropriate, by the competent authority of the Autonomous Community and may be up to six months each calendar year, with full economic rights and monthly periods due to these only basic remuneration and family support, without prejudice to their supplement, as appropriate under the applicable social security scheme.

2. Any application for a licence for a reason of illness, and any period of grace, shall necessarily be accompanied by a part of a low or optional certification, which establishes the certainty of the licence, the impossibility of the performance of the charge, the approximate time for which the licence and the non-provenance of the pension are required for physical futility, as well as if it necessarily obliges the official to leave his official residence to attend to the restoration of his/her health.

3. Such requests shall be dealt with by the official's immediate superior, without which they shall not be required. Applications shall be made to the Ministry of Justice and Home Affairs or, where appropriate, to the competent authority of the Autonomous Community, through the President, Prosecutor or Head of the Competent Body.

4. Officials who are sick in the use of vacation, leave or leave, outside the locality of their destination, will pursue the petitions through the pipeline and will be processed through the Superior Judicial Authority of the place where they are located.

5. The Ministry of Justice and Home Affairs or, where appropriate, the competent authority of the Autonomous Community may, if they consider it appropriate, collect information to justify the origin of the application made.

6. The sick leave shall begin to be counted from the date on which the official is notified of the grant, except where the official has been discharged for the service, in which case the date of commencement of the licence shall be rolled back on the sixth day of that situation.

Article 71. License for studies.

1. The Ministry of Justice and the Interior or, where appropriate, the competent authority of the Autonomous Community may grant licences to carry out studies on matters relating to the Administration of Justice, prior to the report of the higher the official, who in any case will need to take into account the needs of the service.

2. Its duration will be determined by the studies to be carried out, without limitation of haberes and with the obligation to present memory of the works carried out.

Article 72. Expiration.

Licences and permits shall begin to be enjoyed within six days of the day on which their concession is notified, except for the sick leave to be governed by the provisions of Article 70.6 of this Regulation, If the time limit is not allowed to elapse, no use shall be made of them.

Article 73. License for admission to the Center for Legal Studies of the Administration of Justice.

The Officers, Auxiliary and Active Agents entering the Center for Legal Studies of the Administration of Justice, or in the center of the General Council of the Judiciary, will enjoy a license. extraordinary for the conduct of the selective course for having passed the evidence of entry into the corresponding Bodies, which shall be granted to them by the Ministry of Justice and Home Affairs or, where appropriate, the competent authority of the Autonomous Community, during all the length of stay in the quality of the students of this center, with full rights economic.

Article 74. Communication of permissions and licenses.

Of any vacation, leave or license, as well as the date on which its use begins and the reinstatement of the official to the service, once finalized, the Ministry of Justice and the Interior or, where appropriate, the body will be given the competent of the Autonomous Community and the President of the High Court of Justice.

Article 75. Break-in, permissions, and licenses.

The transfer of the official who is in the enjoyment of holidays, permits or licenses for sickness, maternity and adoption shall be effective from the end of the period.

Article 76. Refusal, suspension and revocation.

1. All permits and licences may be refused by the Authority or Superior to whom it is granted, if the data which it has obtained shall not be sufficiently justified to use, where its justification is mandatory.

2. The enjoyment of the annual holiday in the months of July, August and September may be refused by exceptional circumstances, duly substantiated in the plea agreement, which will require administrative file for an urgent procedure Proposal of the Authority to reject it, after hearing the person concerned and the decision of the Ministry of Justice and Home Affairs or, where appropriate, of the competent authority of the Autonomous Community.

3. Where duly substantiated exceptional circumstances impose it, the enjoyment of licences or permits may be suspended or revoked, with the exception of licences granted on grounds of sickness, maternity and adoption in order to Officers, Auxiliary and Agents who would have initiated them immediately to their destinations.

CHAPTER V

Duties and incompatibilities

Article 77. Provision of the function, duty of secrecy and schedule.

1. The Officers, Auxiliary and Agents shall carry out, in and out of the premises of the Courts, Fiscalas, Courts and Organisms in which they are intended, the functions entrusted to them in this Regulation, in accordance with the orders and instructions from their respective superiors, and shall keep a strict secret in matters which they know for the purpose of their duties.

2. The Officers, Auxiliary and Agents of the Administration of Justice, shall exercise their respective activity in the terms that demand the needs of the service, without prejudice to respecting the established timetable.

3. The working hours in Courts and Courts will be determined by resolution approved by the Ministry of Justice and Interior, heard by the General Council of the Judicial Branch and the Autonomous Communities that have received the transfer of funds. personal to the functioning of the Administration of Justice, and after negotiation with the most representative trade union organizations. He himself will contemplate the establishment of a day, part of a forced presence, and, in part, of flexible compliance.

The work schedule shall respect the public hearing of Courts and Tribunals established by the General Council of the Judiciary, and shall not be lower than that established for the Public Administration.

The Ministry of Justice and Interior, on a proposal, if any, of the Autonomous Communities that have received the transfer of personal means for the operation of the Administration of Justice, with a report from the General Council of the Judicial Branch, and after negotiation with the most representative trade unions, will determine the systems of control of the schedule and the justification of incidents in all the Judicial and Judicial Offices of the Courts and Courts, as well as the special schedules and modifications of the established general character where the public service may be required to do so.

Article 78. Residence.

1. The Officers, Auxiliary and Agents shall preferably reside in the municipal or metropolitan area where the Tribunal, the Prosecutor's Office, the Court or the body in which they provide their services shall be located.

2. Officials shall inform the Governing Board of the residence in place other than that mentioned above, which must in any event be compatible with the performance of the duties of the post within the time limit laid down, and with the needs of the service.

Article 79. Incompatibilities.

The Officers, Auxiliary and Judicial Agents, without prejudice to being subject to the causes of incompatibility that are provided for in the general legislation for civil servants in the service of public administrations, both in the on private activities as well as public activities, and in any event incompatible (Article 489 LOPJ):

a) With the exercise of jurisdictional duties in any Court or Court.

(b) With any employment, post or occupation, except for teaching or legal research, as well as literary, artistic, scientific and technical production and creation, and publications derived from them, in accordance with the provisions of the legislation on the incompatibilities of staff at the service of public administrations.

c) With the exercise of the Advocate or the Attorney General's Office, or any other profession that you enable to act before Courts and Courts.

d) With all kinds of legal advice, whether or not paid (article 389.7 LOPJ).

e) With jobs at the Service of Attorneys and Attorneys.

f) With the condition of Insurance Agents, and the condition of employees of the same or an insurance company.

g) With the performance of the positions of managers, counselors, or advisors of companies that pursue lucrative purposes.

h) With the exercise of the expert functions before the Courts and Courts.

i) With the service performance of administrative management, either as a holder, or as an employee of such offices.

Article 80. Incompatibility by kinship or marriage.

1. (a) The Officers, Auxiliary and Agents may not exercise their positions in the Supreme Court, National Court, Superior Courts of Justice, Provincial Hearings and Courts, in which they act as President, Magistrate, Judge or Registrar, who they are linked to those by marriage or situation of equivalent fact, or have a relationship with them within the second civil degree of consanguinity or affinity (article 391.1 LOPJ); and in the Fiscalas, when in the template of You are a member of the Fiscal Ministry with whom you are in the same relationship of kinship.

(b) This incompatibility shall not apply if the relationship of kinship is between officials who, even if they belong to the same Court, provide services in different Chambers.

2. If the incompatibility is not to be waived, and where the change of job within the meaning of Article 52 of this Regulation is not appropriate, the forced removal of the official, auxiliary or agent shall be agreed upon. affected by it, unless his appointment to the post was prior to that of the one who motivated the incompatibility, by the appropriate governmental file.

3. The file shall be promoted by the President of the Supreme Court or State Attorney General, President of the National Court, Presidents of the Supreme Courts of Justice and the Provincial Hearings, or by the Judge or Chief of the Body concerned. The official appointed by the President of the Supreme Court, President of the National Court, of the High Court of Justice shall be instructed, with a hearing of the person concerned, which may be assisted as it deems appropriate, and Fiscal Ministry, and with a proposal from the corresponding Chamber of Government, shall be submitted to the Ministry of Justice and Interior or, where appropriate, to the competent body of the Autonomous Community, for the resolution that proceeds.

4. Where the situation of incompatibility appears under the circumstances of the case, and where the change of job within the meaning of Article 52 of this Regulation is not appropriate, the Ministry of Justice and Home Affairs shall proceed to the transfer of the judicial secretary or of the member of the tax ministry which is incompatible when it is of a lesser age at the destination, if it falls within its jurisdiction. In another case, it will be proposed to the Council of Ministers or to the General Council of the Judiciary when the appointment of a Judge or Magistrate is the one that has determined the incompatibility of the event. The forced destination of the incompatible official shall be in the same population, if there is a vacancy in it, and in such a case, it shall cease to be announced for its provision.

Article 81. Professional or private activities.

The exercise by the officers, auxiliaries and agents of professional or private activities compatible will not serve as an excuse to the duty of residence, to the assistance to the Court, Prosecutor, Court or Body corresponding to the compliance with the established timetable, delay, negligence or neglect in the performance of their duties, and the corresponding faults must be qualified and sanctioned in accordance with the rules contained in this Regulation.

Article 82. Performing compatible and incompatible activities.

1. The person who intends to pursue any occupation, activity or position when a declaration of compatibility is required, in accordance with the Organic Law 1/1985 of 18 January, in relation to Law 53/1984 of 26 December, must obtain the authorization of the Ministry of Justice and Home Affairs or, where appropriate, the competent authority of the Autonomous Community, and shall request it through a report of the President of the Court, Prosecutor, Judge or Head of the Agency for whom it depends, and in its case General of the Ministry for Public Administrations.

2. The Officer, Auxiliary or Agent who will accept the performance of any of the charges, functions or services expressed in Article 79 of this Regulation by being in active service, shall apply for voluntary leave within eight days, understanding, if you do not, that you resign from office, causing a loss in the Body.

CHAPTER VI

Disciplinary regime

Article 83. General principles.

1. The disciplinary regime to which the Officers, Auxiliary and Agents are subject to the service of the Administration of Justice is the one established in the Organic Law of the Judiciary and in this Regulation (article 464 LOPJ).

2. The opening of a criminal procedure shall not preclude the initiation of a disciplinary file for the same facts, but no judgment shall be given in this case until no final judgment or order has been given in the case penalty.

In any event, the proven statement of facts contained in the resolution that puts an end to the criminal procedure will link the resolution to be given in the disciplinary record, without prejudice to the different qualification. legal status that they can merit in one and the other way.

3. Criminal and disciplinary sanctions may be imposed only on the same facts where there is no legal and legal basis identity protected.

4. (a) When a disciplinary file is opened to an official who has the status of a Trade Union Delegate, Delegate of Personnel or elective office at the provincial, regional or state level in the most representative Trade Union Organizations, notify such opening to the relevant Trade Union Section, Staff Board or Trade Union Central, as appropriate, in order to enable them to be heard during the processing of the procedure.

(b) Such notification shall also be made when the opening of the file is carried out within the year following the cessation of the defendant in any of the conditions listed in the preceding paragraph. It must also be carried out if the defendant is a candidate during the electoral period.

5. The faults committed by the Officers, Auxiliary and Agents in the exercise of their duties are classified in very serious, serious and minor (article 416.1 LOPJ).

Article 84. Very serious fouls.

They are considered very serious faults:

(a) The exercise of any of the activities incompatible with the function of Officer, Auxiliary or Agent, as provided for in Article 79 of the Regulation, except those which may constitute a serious misconduct in accordance with the provisions of Article 85 (e) of the same Article.

b) Unjustified abandonment in the performance of their duties (Article 417.3 LOPJ).

(c) Unjustified absence for more than ten days from the place of residence in which they provide services (Article 417.4 LOPJ).

d) The commission of a serious misconduct, when it would have been previously sanctioned by two other graves within a period of one year.

e) Failure to comply with the duty of fidelity to the Constitution in the exercise of its function.

f) Any action involving discrimination on the basis of race, sex, religion, language, opinion, place of birth or neighbourhood, or any other personal or social condition or circumstance.

g) The violation of the duty to keep secrets about court proceedings in cases established in law.

(h) Failure to comply with the obligation to provide services in the event of a strike, except union representatives.

i) The violation of political neutrality or independence, using the powers conferred to influence electoral processes of any nature and scope.

(j) Hindering the exercise of public freedoms and trade union rights.

k) The performance of acts aimed at the free exercise of the right to strike.

l) Participation in strikes, to which they are expressly prohibited by law.

m) The limiting acts of free expression of thought, ideas and opinions.

Article 85. Serious fouls.

Serious faults are considered:

(a) The words or acts of grave disregard to the superiors in their presence, in writing to be directed to them, or with publicity (article 418.1 LOPJ).

(b) Unjustified absence for more than three days from the place of residence in which they serve, in the same month (Article 418.4 LOPJ).

c) The unjustified and repeated delay in the performance of their functions.

d) The commission of a lack of a slight character, having been sanctioned previously by two other mild ones, whose annotations would not have been cancelled (article 418.9 LOPJ).

e) The exercise of any activity of the considered compatibilizable as referred to in Article 79, (b) of this Regulation, without obtaining when the relevant authorization is provided or, having obtained it, with a lack of veracity in the alleged budgets.

Article 86. Minor fouls.

They will be considered minor faults:

(a) The lack of respect for the superiors who do not constitute a serious fault (Article 419.1 LOPJ).

b) Disconsideration with equals or lower (article 419.2 LOPJ).

(c) When they do not give due consideration to those who come to them in matters relating to the duties of their office.

d) The delay in the dispatch of cases where there is no serious misconduct (Article 419.3 LOPJ).

e) The unjustified absence for more than one day and less than four of its place of residence (article 419.4 LOPJ).

(f) Violations in the performance of the duties of his or her office established in the Law and in this Regulation, where they do not constitute a serious infringement (Article 419.5 LOPJ).

g) Repeated faults of punctuality within the same month without justified cause.

h) Non-compliance with the workday without justified cause.

Article 87. Prescription of faults.

1. The very serious mistakes will be prescribed at two years, the serious ones a year and the slight ones in the period prescribed in the Penal Code for the prescription of the faults. The limitation period shall begin to be counted from the date of its commission, except where the disciplinary procedure for prosecuting them shall be suspended as a result of the opening of criminal proceedings for the same facts, in which case the period of time from the end of the criminal case will be resumed.

2. The limitation period shall be interrupted from the date of notification of the initiation agreement of the disciplinary procedure, or, where appropriate, of the information related to the conduct under investigation. The calculation of the limitation period shall be resumed if the proceedings or proceedings have been brought to a standstill for six months for reasons not attributable to the official subject to the procedure.

Article 88. Penalties.

The sanctions that can be imposed on the Officers, Auxiliary and Agents for the faults committed in the exercise of their positions are:

a) Warning.

b) Multa of 30,000 pesetas.

c) Suspension from one month to one year.

d) Forced transfer.

e) Separation of the service.

Article 89. Fouls and penalties.

1. Minor faults may only be sanctioned with warning (Article 420.2 LOPJ).

2. The serious ones with fine (article 420.2 LOPJ).

3. Very serious with suspension, forced removal or separation (article 420.2 LOPJ).

Article 90. Prescription of penalties.

1. Penalties imposed for very serious offences shall be imposed at two years of age, those imposed for serious offences per year and for minor offences within the time limit laid down in the Criminal Code for the limitation of penalties for offences.

2. The limitation period shall be calculated from the day following the day on which the decision imposing the sanction is final (Article 420.3 LOPJ).

Article 91. Extinction of disciplinary responsibility.

Disciplinary liability is extinguished by the enforcement of the sanction, death, limitation of the failure or the penalty.

Article 92. Competent bodies.

They will be competent for the imposition of sanctions (article 464.3 LOPJ):

(a) The President, Prosecutor, Judge or Chief of Staff for the warning.

b) The corresponding Government Room or the State Attorney General for the private reprimand, fine, and suspension.

(c) The Minister of Justice and Home Affairs for the forced removal. The sanction of forced transfer to an Autonomous Community that has received the transfer of personal means for the functioning of the Administration of Justice will require the prior report of the same.

d) The Council of Ministers for the separation of service.

Article 93. Procedure.

1. The warning sanction shall be imposed without further processing than the hearing of the person concerned with a summary of information (Article 422.1 LOPJ).

2. The other penalties shall be imposed by the procedure laid down in the following Articles (Article 422.2 LOPJ).

Article 94. Initiation.

1. The disciplinary procedure shall be initiated by agreement or at the request of any of the competent authorities which, for the imposition of penalties, lists Article 92 of this Regulation.

2. The agreement may be concluded by the competent authority, either on its own initiative, or at the request of the injured party or in compliance with a higher order, by the General Council of the Judiciary, the Ministry of Justice and the Interior or, where appropriate, by the competent of the Autonomous Community, or at the initiative of the Prosecutor's Office, the Prosecutor's Office or the corresponding Judicial Secretary, giving an account to the Ministry of Justice and the Interior or to the competent authority of the Autonomous Community (Article 465.1 LOPJ).

3. In the initiation agreement of the procedure, a Instructor shall be appointed who shall be a Judge, Magistrate or Registrar or, where appropriate, a member of the Fiscal Ministry. The holder of the Court or Judge of the Chamber or Registrar in which the official is served shall not be an Instructor. The file by the Ministry of Justice and Interior, or, where appropriate, by the Autonomous Community that has received the transfer of personal means for the functioning of the Administration of Justice, the appointment of Instructor in favor of a Judge or Magistrate shall be carried out by the General Council of the Judiciary, or the proposal of that Judge (Article 464.2 LOPJ).

4. The Instructor shall designate a Registrar who shall be of the same or higher category as the subject to file, as well as of greater seniority if he is of his or her Body, and shall inform the person concerned of the initiation of the file and the name of the Instructor. and the Registrar (Article 464.2 LOPJ).

5. From any agreement of initiation of a disciplinary record, concerning the officials who provide services in the Courts and Tribunals, and the appointment of the Instructor, the General Council of the Judiciary will be taken into account.

6. Prior to the agreement of initiation of the disciplinary procedure directed to Officers, Auxiliary and Agents, the Ministry of Justice and Interior or, where appropriate, the Autonomous Community that has received the transfers of personal means for the operation of the Administration of Justice, may request information on the facts from the Judge, the President of the Court, the Head of the Prosecutor's Office or the Head of the Authority in which he provides his services, taking into account, in the first two cases, the Council General of the Judiciary of the request for information.

Article 95. Abstention and recusal.

1. The rules concerning the abstention and recusal laid down in Articles 28 and 29 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Rules of Procedure shall apply to the Instructor and the Registrar. Common Administrative.

2. The right of refusal may be exercised from the moment the person concerned becomes aware of who the Instructor and the Registrar are.

3. Abstention and recusal will be brought before the Authority that agreed to the appointment, who must resolve within three days.

Article 96. Impulse of trade and instruction.

1. The disciplinary procedure shall be automatically initiated in all its proceedings.

2. (a) The Instructor shall carry out all the tests and actions necessary for the determination and verification of the facts and responsibilities liable to be punished, with the assistance of the Prosecutor's Office and the person concerned, which may be Lawyer since the beginning of the file (Article 425.1 LOPJ).

b) Prior to the formalization of the statement of objections, the Instructor must receive a statement of the alleged defendant.

3. (a) In the light of the evidence and the action taken, the Instructor shall, if appropriate, draw up a statement of objections in which the contested facts shall be set out, if any, of the alleged misconduct and of the sanctions which may be application.

The statement of objections will be notified to the interested party so that, within eight days, he can answer and propose the proof that he needs, the relevance of which will be qualified by the delegated Instructor (article 425.2 LOPJ). The total or partial refusal of the proposed test shall require a reasoned decision.

(b) For the practice of the test, the Instructor shall have a period of one month; and for the proposals as well as for the ex officio, the alleged defendant, place, date and time shall be notified to the accused person, record of the receipt of the notification.

(c) Compliance with the preceding steps shall be given by the Instructor to the case of the alleged defendant with immediate character, so that within ten days he shall bear whatever he considers relevant to his defense and contribute any documents of interest. A copy of the file shall be provided to the accused person when he so requests.

4. If the statement of reasons has been answered or the deadline has elapsed, and if appropriate, the evidence proposed by the person concerned, the Instructor, after hearing the Prosecutor's Office, shall make a proposal for a resolution, in which he shall set out precisely the facts, shall make the legal assessment of them and indicate the sanction it deems appropriate.

Such a motion for a resolution shall be notified to the person concerned so that, within eight days, he or she claims what is appropriate.

Evacuated the referred process, or after the deadline for this, it will be transmitted to the authority that has ordered the initiation of the procedure for the decision that comes. Where this authority understands a sanction of greater gravity than those within its competence, it shall raise the procedure, with its proposal, to which it is competent (Article 425.3 and 4 LOPJ).

5. The competent authorities may return the file to the Instructor to include other facts in the statement of objections, complete the instruction or submit to the person concerned a motion for a resolution including a higher legal status gravity (Article 425.5 LOPJ). In such a case, before resubmitting the file to the body responsible for imposing the penalty, the person concerned shall be given the right to take the action, so that within 10 days he shall take the action as soon as he considers appropriate.

6. The duration of the sanctioning procedure shall not exceed six months. Where, for exceptional reasons, it is extended for the longer term, the Instructor shall take account every ten days of the state of its processing and of the circumstances preventing its conclusion, to the authority which has ordered the promotion of the file. (article 425.6 LOPJ).

Article 97. Resolution.

1. (a) The resolution, which terminates the disciplinary procedure, must be adopted within 10 days, except in the case of separation from the service, and shall resolve all the questions raised in the file.

(b) The decision must be reasoned and it shall not be possible to accept facts other than those which served on the basis of the statement of objections and the motion for a resolution, without prejudice to its distinct legal assessment, provided that is of greater severity.

(c) In the decision terminating the disciplinary procedure, it must be determined, in all precision, that the fault is deemed to be committed, pointing out the precepts in which the fault class is collected, the official responsible and the sanction imposed, making express in order to the provisional measures taken during the processing of the procedure.

2. If the decision considers the absence of disciplinary action, or the liability for the accused official, he shall make the declarations in order of the provisional measures.

3. The decision shall be notified to the Prosecutor's Office and to the person concerned, with the expression of the appeal or appeals against it, the body before which they are to be lodged, and the time limits for bringing them together.

The resolution shall also be communicated to the Ministry of Justice and the Interior or to the competent authority of the Autonomous Community, for constancy in the official's personal file.

Article 98. Provisional suspension.

1. The instructor may propose to the Ministry of Justice and Interior the provisional suspension of the official submitted to disciplinary proceedings, with a hearing of the Prosecutor's Office and the person concerned (article 465.2 LOPJ). The proposal shall be made through the President or the Governing Board, where appropriate, and may be agreed only if there are rational indications of the commission of a very serious misconduct (Article 424 LOPJ).

2. If the official is destined for a Autonomous Community which has received the transfer of personal means for the operation of the Administration of Justice, the provisional suspension shall require the prior report of the same.

Article 99. Resource regime.

1. The sanctions, except for the warning, against which only a plea before the body which issued it, shall be subject to appeal to the Minister of Justice and Home Affairs, when they have been imposed by the Chambers of Government or the State Attorney General after report, if any, of the Autonomous Community that has received the transfer of personal means for the operation of the Administration of Justice.

2. The decisions of the Minister of Justice and Home Affairs, in order to resolve the previous action or, where appropriate, to impose the forced transfer, as well as those of the Council of Ministers in any event, shall exhaust the administrative route (Article 464.4 LOPJ).

3. Sanctioning resolutions that decide definitively on a governmental basis shall be subject to the jurisdiction of the administrative and administrative jurisdiction in accordance with the provisions of the Law regulating the jurisdiction (Article 464.5 LOPJ).

4. The resolution of the sanctioning files shall also be used by the Fiscal Ministry, except as set out in this article on the exhaustion of the administrative route.

Article 100. Annotation and execution.

1. Disciplinary sanctions shall be recorded in the official's personal file, with the expression of the facts imputed (Article 426.1 LOPJ).

2. Disciplinary sanctions, after the administrative procedure has been exhausted, shall be carried out in accordance with the terms of the decision in which it is imposed and within a maximum of one month, except where, for reasons of justified reasons, a different one is established in that resolution.

Article 101. Non-execution and temporary suspension of the sanction.

The execution of the sanction can only be agreed by the Minister of Justice and Interior, prior to the report, if any, of the Autonomous Community that has received the transfer of personal means for the operation of the Administration of Justice in the case of the penalties listed in Article 92 (b). On a proposal from the competent body to resolve, they may agree to their temporary suspension for a period of less than that of their prescription. If the penalty is not separated from the service, the agreement of its inexecution and suspension shall be the responsibility of the Council of Ministers. Both agreements must be adopted on their own initiative or at the request of the person concerned, provided that the cause is founded.

Article 102. Cancellation and rehabilitation.

The competent authority to sanction is to decree cancellation and rehabilitation (article 466 LOPJ).

Article 103. Cancellation.

1. The endorsement of the warning sanction shall be cancelled by the competent authority, after the expiry of the six-month period since it became final, if the penalty has not occurred during that time for another disciplinary procedure. end with the imposition of penalty (article 427.1 LOPJ).

2. The entry of the remaining penalties, with the exception of the separation, may be cancelled at the request of the person concerned, and the Prosecutor's Office shall be heard if at least one, two or four years have elapsed since the imposition of the sanction, in the case of minor, serious or very serious misconduct, and during this time the sanction for a new disciplinary procedure which ends with the imposition of a sanction (Article 427.2 LOPJ) would not have taken place.

3. Cancellation will erase the antecedent for all intents and purposes (article 427.3 LOPJ).

CHAPTER VII

From Scalafon

Article 104. Publication.

1. The Ministry of Justice and Interior will publish the steps of the Corps of Officers, Auxiliary and Agents, which will be updated annually. A period of 30 calendar days shall be granted so that the persons concerned may request the corrections they consider relevant, which shall be resolved by the Ministry itself.

2. Such publication shall be carried out in the "Official State Gazette" or in the Information of the Department, giving, in this second case, an official character by means of the appropriate Ministerial Order, to be published in the " Official Journal of the Status ".

Article 105. Content.

1. The relationship shall include all officials who are in active service, special services and forced surpluses, relating to orders of greater or lesser seniority. In the end, those who are in a situation of voluntary leave and their absence will be expressed.

2. In the case of first appointment as a career officer, the date of such appointment shall be deemed to be for the purposes of a scale-up, without prejudice to Article 26.6 of this Regulation.

3. In this step, it will be stated: the order number, surname and first name, national identity card, date of birth, destination or situation, and time of service.

Article 106. Subscalaphones.

The merits and baremations that have to have exclusive effects in those Autonomous Communities that have received the transfer of personal means for the functioning of the Administration of Justice, will be collected, to these effects, in one of the corresponding subscalaphones.

Additional disposition first. Central Register of Personnel at the service of the Administration of Justice.

In the Ministry of Justice and Interior there will be a Central Personnel Registry at the service of the Administration of Justice, in which the staff will be entered in the service of the Administration of Justice regulated in the present Regulation, and in which all acts affecting the administrative career of each official shall be recorded.

To this end, the different competent authorities shall record in that Register the acts they perform in the exercise of the powers they exercise in relation to the Bodies of Officers, Auxiliary and Agents, as a requirement for their effectiveness in payroll, and shall also refer to the Central Register of Personnel at the service of the Administration of Justice, the corresponding personnel management documents approved for constancy in the personal file of the official. In any case, the necessary intercommunication of the management systems shall be ensured. The various administrations may issue the certificates corresponding to the data contained in the Register.

The Ministry of Justice and Interior, after reporting by the Autonomous Communities, and with compliance with the legal requirements, will approve the regulations of the Central Personnel Registry in the service of the Administration of Justice and the program for progressive implementation.

Additional provision second. Accreditation of the knowledge of the official languages of the Autonomous Communities.

The accreditation of the oral and written knowledge of the official languages of the Autonomous Communities, for the purpose of the entry into the Corps of Officers and Auxiliary of the Administration of Justice through internal promotion, as well as of the transfer competitions for the provision of posts, shall be carried out taking into account the following criteria:

1. In accordance with the provisions of Decree 224/1989 of 17 October, which regulates the planning of the normalisation of the use of the Basque Country in the Public Administrations of the Autonomous Community of the Basque Country ("Official Journal of the Country") The following criteria shall be taken into account:

(27), and other development provisions arising from the euskera standardisation plans which may be issued in the field of the said Autonomous Community.

1. Language Profile 2: two points.

2. Language Profile 3: four points.

3. Language Profile 4: six points.

2. In the field of the Autonomous Community of Catalonia:

The accreditation of knowledge of Catalan language shall be carried out on the basis of certificates issued by the Permanent Board of Catalan, certificates or diplomas awarded to them, or on the basis of certificates or diplomas which are recognised as being exempt from the Catalan language tests for access to the public service, in accordance with the Agreement of the Commission for the Language Standardisation of 19 June 1991, and according to the following criteria:

1. Level B certificate: two points.

2. C level certificate: four points.

3. Level D Certificate: six points.

3. In the field of the Autonomous Community of Galicia:

1. Course of Initiation and Improvement: two points.

2. The Middle Course of Galician Legal Language: four points.

3. High Course of Galician Legal Language: six points.

4. In the field of the Autonomous Community of Valencia:

1. Oral and written elementary grade certificate of Valencian: two points.

2. The Valencian's oral and written medium grade certificate: four points.

3. Oral and written superior degree certificate of Valencian: six points.

5. In the Basque-speaking and mixed zone, which determines Article 5 of the Law of 15 December 1986 of the Law of 15 December 1986, the same criteria shall apply as those laid down in the first paragraph.

6. In the field of the Autonomous Community of the Balearic Islands:

1. Level B certificate: two points.

2. C level certificate: four points.

3. Level D Certificate: six points.

7. In the Autonomous Communities such as the Basque Country and the Autonomous Community of Navarre in which no official certificate is established for profile 2, an examination of accreditation shall be carried out to the effect of such effects. competent in that matter, which would grant them the corresponding certificate.

8. In the case of calls for selective processes or for the provision of posts in which the official languages of the Autonomous Communities are valued in accordance with the provisions of this additional provision, the need for certification shall be collected. part of the Autonomous Communities of the type-approval and of the level to which the titles provided correspond.

First transient disposition. Technical Scale of the Administrative Body of the Courts.

1. The officials of the Technical Scale of the Administrative Body of the Courts declared to be extinguished by the Transitional Act 2 of the Law of Adaptation of March 18, 1966, and who are not entitled to be Licensed in Law, shall provide their services in the Secretariats Government and Fiscalas of the Supreme Court and Audits and Fiscal Inspection.

2. It will be applicable to them as soon as this Regulation is prevented on incompatibilities, vacancies and their provision, possessions and transfers, residences, permits and licenses, retirements, administrative situations and disciplinary regime of the Officers, Auxiliaries and Agents of the Administration of Justice.

3. These officials shall be responsible for the processing of the files and the practice of the administrative work inherent in the bodies where they are responsible, carrying out their work in accordance with the rules laid down for this purpose. and the instructions given to them.

4. The provision of vacancies that occur until the extinction of these officials will be carried out by means of a transfer contest that will be announced in the "Official Gazette of the State".

5. Only officials belonging to the Technical Scale of the Administrative Body of the Courts will be able to attend these competitions, and the allocation of places will be carried out as the only norm the greatest service age in the Body.

6. The places that will be deserted due to a lack of applicants will be amortized, and their services attached to the respective Secretariats.

Second transient disposition. Officers, Auxiliary and Agents of the Administration of Justice for the Institute of Toxicology.

Staff at the service of the Administration of Justice governed by this Regulation, and who are destined for the Institute of Toxicology, will, in any case, depend on the Ministry of Justice and the Interior.

When your position of work radiating in the territory of an Autonomous Community that has received the transfer of personal means for the operation of the Administration of Justice, will be preferred in the first contest the transfer of destination to another working centre located in the same locality, in terms of the basis of the call.