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Order Of 20 July 1995 Which Establishes The Regime And Amount Of The Complement Of Destiny Of The Court Clerks.

Original Language Title: Orden de 20 de julio de 1995 por la que se establece el régimen y cuantía del complemento de destino de los Secretarios Judiciales.

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TEXT

Law 42/1994 of 30 December 1994 of Fiscal, Administrative and Social Order Measures, which in its Article 56 amends Article 13 of Law 17/1980 establishing the remuneration of officials of the Administration of Justice, power to the Ministries of Economy and Finance and Justice and Interior, in order to jointly fix the regime and the amount of the complement of destination, prior to the report of the General Council of the Judiciary.

Regulated the regime of supplementary remuneration of the Judicial Secretaries by the Royal Decrees 1616/1989, of 29 December; 1377/1991, of 13 September, and 1561/1992, of 18 December, it is necessary to establish a new regime, eliminating the dysfunctions derived from the current system of determining the complement of destination, dispersed in the aforementioned norms for a better rationalization and simplification, and expanding the range of groups that now exists. To this end, while maintaining the differentiation between the three categories in the Secretariat, 11 groups of jobs are created, distributed according to the place of destination, hierarchy and representation, special qualifications and volume of work.

In its virtue, on a joint proposal from the Ministers of Economic and Finance and Justice and Home Affairs, after hearing the most representative trade unions, consulted by the Council of the Secretariat and after the Council's report General of the Judiciary, I have:

First. Scope of application. This Order is applicable to the complement of the judicial secretaries, in place of the regulation contained in the Royal Decrees 1616/1989, of 29 December; 1377/1991, of 13 September, and 1561/1992, of 18 December.

Second. Quantification. The target supplement shall be determined on the basis of the number of points which, in accordance with the following Articles, corresponds to the different categories and jobs.

The value of the item shall be determined in accordance with the General Budget Law of the State of each financial year.

Third. Concepts that span the target add-in.-The number of points will be based on the following concepts:

a) By the character of the function.

b) By the place of destination, special qualification of this, hierarchy, representation and volume of work.

c) For special responsibility, hardship or difficulty.

(d) Joint exercise of another position in the Administration of Justice in addition to the holder.

Fourth. For the character of the function. -For the character of the function to the Judicial Secretaries according to their category will be credited:

First category: 28 points.

Second category: 24 points.

Third category: 20 points.

Fifth. By the place of destination, special qualification of this, hierarchy and representation and volume of work. -To determine the amount according to the concepts mentioned above, the following groups are established:

Group First:

Secretary of Government of the Supreme Court.

Group Second:

Deputy Secretary of Government of the Supreme Court.

Secretary of Government of the National Court.

Secretaries of Government of the Supreme Courts of Madrid and Barcelona.

Third Group:

Secretaries of the Supreme Court.

Secretaries of the Technical Cabinet of the Supreme Court.

Technical Cabinet of the Supreme Court.

Secretaries of Government of the Superior Courts of Justice of Andalusia, Castilla-Leon and the Canary Islands.

Group Fourth:

Secretaries of Government of the High Courts of Justice of Aragon, Castilla-La Mancha, Galicia, Basque Country and Valencia.

Group 5:

Judicial Secretaries for the National Court.

Group Six:

Government secretaries of the remaining Supreme Courts of Justice.

Judicial Secretaries for the High Courts of Justice of Andalusia, Aragon, Canary Islands, Castilla-Leon, Castilla-La Mancha, Catalonia, Galicia, Madrid, Basque Country and Valencia.

Judicial Secretaries for the Provincial Hearings of Madrid and Barcelona.

Judicial Secretaries of the Unipersonal Bodies, Non-jurisdictional Bodies, Central and Single Civil Registry of Madrid and Barcelona (capitals).

Group Seventh:

Judicial Secretaries for the Superior Courts of Justice of Asturias, Baleares, Cantabria, Extremadura, Murcia, Navarra and La Rioja.

Judicial Secretaries for the Provincial Hearings of Alicante, Bilbao, Burgos, Cádiz, Córdoba, La Coruña, Granada, Malaga, Murcia, Oviedo, Las Palmas de Gran Canaria, Palma de Mallorca, Pontevedra, Santa Cruz de Tenerife, San Sebastian, Sevilla, Valencia, Valladolid and Zaragoza.

Judicial Secretaries of the Unipersonal Bodies, Non-jurisdictional Bodies and Civil Records of the capitals of Bilbao, Malaga, Seville, Valencia and Zaragoza.

Group Eighth:

Judicial Secretaries for the remaining Provincial Hearings.

Judicial Secretaries of Unpersonal Bodies, Non-jurisdictional Bodies and Civil Records of the Capital of Alicante, Cordoba, La Coruña, Granada, Murcia, Oviedo, Las Palmas de Gran Canarias, Palma de Mallorca, Santa Cruz de Tenerife, San Sebastian and Valladolid.

Judicial Secretaries of the Unpersonal Organ and Non-jurisdictional Bodies based in Alcala de Henares, Badalona, Baracaldo, Ibiza, Getafe, Gijón, Jerez de la Frontera, Leganes, Hospitalet de Llobregat, Mataró, Mostoles, Sabadell, Santa Coloma de Gramanet, Terrassa and Vigo.

Group 9th:

Judicial Secretaries of Unpersonal Organ, Non-jurisdictional Bodies and Unical Civil Records of the other provincial capitals.

Judicial Secretaries of the Unpersonal Bodies of the other localities that are served by Magistrates and Non-jurisdictional Bodies.

Group 10th:

Secretaries of the Judicial Bodies based in: Berja, Chiclana de la Frontera, El Puerto de Santa Maria, Sanlúcar de Barrameda, San Roque, Andujar, Antequera, Ronda, Velez-Malaga, Dos Hermanas, Utrera, Mieres, Laviana, Inca, Manacor, Benidorm, San Bartolomé de Tirajana, Telde, Vinaros, Torrelavega, Xativa, Ponferrada, Alcazar de San Juan, Puertollano, Talavera de la Reina, Arenys de Mar, Igualada, Sant Boi de Llobregat, Vic, Vilanova and la Geltru, Vilafranca del Penedès, Figueres, La Bisbal, Santa Coloma de Farners, Tortosa, El Vendrell, Alcoy, Santa Maria de Guía, Elda, Villajoyosa, La Orotava, Gandia, Miranda de Ebro, Sueca, Plansencia, Betanzos, Villagarcia de Arousa, Aranjuez, Colmenar Viejo, San Lorenzo de El Scurial, Lorca, Mula, Tudela, Azpeitia, Tolosa, Bergara, Durango, Guernica-Lumo, Arrecife, Denia, Villena, Granadilla de Abona, Alzira, Aranda de Duero, Sagunto.

Group 11th:

Judicial Secretaries of the rest of the Organs based in localities not listed above.

Sixth. -For the concepts expressed in the previous section, the following points will be credited for each of the groups:

Group 1: 36 points.

Group 2: 30 points.

Group 3: 25 points.

Group 4: 24 points.

Group 5: 20 points.

Group sixth: 19 points.

Group seventh: 16 points.

Group eighth: 14 points.

Group ninth: 13.5 points.

Group tenth: 12.5 points.

Group 11th: 12 points.

Seventh. For the special responsibility of the destination served. -For the special responsibility of the destination served four points will be credited to the Secretaries of the Decanates with exclusive dedication.

Eighth. For the greatest penalty of the job:

8.1 By being destined for the Courts of First Instance with separate jurisdiction:

Five points to the Judicial Secretaries destined for Madrid and Barcelona.

Three points to the Judicial Secretaries destined for the aforementioned organs of the other localities.

8.2 To be assigned to the Central Civil Registry, five points will be credited to the Judicial Secretaries.

8.3 For being destined for the Social Courts of Madrid and Barcelona, three points will be credited to the Judicial Secretaries.

8.4 For the functions of a common service of notifications and embargoes that are created in the judicial organs, five points will be credited to the Judicial Secretaries.

[8.5] In the Court of Penitentiary Surveillance for the execution of functions by way out of the penitentiary centers, within the working hours, 2,75 points will be credited to the Judicial Secretaries.

The Secretary to perceive these points, must justify the corresponding exit by certification issued to the effect.

Ninth. For the joint exercise of another function. -For the joint exercise of another function in the Administration of Justice, in addition to the office of the holder, they shall be accredited:

Two points to the Secretaries who also have the Secretariat of a Prison Surveillance Court.

Two points to the Secretaries of judicial bodies that also perform functions of Decanato and whenever in the locality there are at least three Court of the same class.

10th. By substitution involving the joint performance of another function. -In substitution for involving a joint performance of another function in addition to the one that is a holder, it shall be due:

Nine points for the replacement of Judicial Secretaries in Courts, Central Courts of Instruction, Court of First Instance, Instruction, First Instance and Instruction, Criminal, Penitentiary Surveillance, the Social and the Minors.

Replacements for no longer than ten days and those motivated by paid leave, whether or not summer time, shall not be entitled to the receipt of the supplement of destination for the concept referred to in this paragraph.

11th. Secretaries under temporary provision. -Secretaries under temporary provision shall be paid with 100 per 100 of the basic remuneration, excluding trienes and 100 per 100 of the supplement to the destination corresponding to the career officer who should be in the job.

12th. By functions other than those of his or her job. -According to the provisions of Article 17 of Law 17/1980 of 24 April, only the officials referred to in this Order may receive other remuneration when they are assigned to them. functions other than those of the intended use, but linked to it, in cases of secondment or when they are required to carry out special services without any relief from their own functions, the right to remuneration and their amount in the provision that entrusts the function or service.

These remuneration may be recognized only by the Ministry of Justice and Interior, determined in each case, the amount and the period of perception, in consideration of the nature and duration of the service, within the allocated for these concepts.

13th. Compensation for service reason. -The remuneration that is regulated in this Order is without prejudice to the compensation for the purpose of compensation of the costs incurred in the service, which shall be governed by the rules in this field.

Transitional disposition.

Until the regime of the on-call service is regulated, the Judicial Secretaries will continue to receive from these services the points set out in paragraphs 4, a), second paragraph and 4, d) of Article 10 of the Royal Decree 1616/1989, of 29 December.

Final disposition.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State and shall produce economic effects as from 1 January 1995.

Madrid, July 20, 1995.

PEREZ RUBALCABA

Excms. Mr Ministers for Economic Affairs and Finance and Justice and Home Affairs.