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Real Decree 391/1989, Of 21 April, Which Establishes The Amount Of The Complement Of The Fate Of Members Of The Judiciary And The Public Prosecutor's Office.

Original Language Title: Real Decreto 391/1989, de 21 de abril, por el que se establece la cuantía del complemento de destino de los miembros del Poder Judicial y del Ministerio Fiscal.

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TEXT

The demand to adjust the salaries of the members of the judicial branch to the responsibilities that, in the legal and social order, attributes the Constitution in the social and democratic state of law, and to the greatest dedication that the increase of the litigation implies, determines the opportunity to review the amount of the complement of the judges and the judges, according to the needs set forth by the General Council of the Judiciary, which constitutes the object of this Royal Decree.

The conjuncture is used to remove the dysfunctions derived from the current system of determination of the target complement, establishing a wider range than the existing one. The aim is to accentuate the internal procedural balance of the judicial structure, stimulating access to higher charges. To this end, nine groups of jobs are established, two of them reserved for the Magistrates of the Supreme Court, the four following the members of the Judicial Branch with a category of Magistrate, in which they are staggered and unipersonal, and the last three to the members of the Judicial Branch with a category of Judge.

The mandate to equip the members of the Fiscal Race to those of the Judicial Race established by Article 33 of Law 50/1981 of 30 December, which regulates the Organic Statute of the Fiscal Ministry necessary to apply the appropriate criteria to achieve such an equalisation, without violating its functional structure. To this end, it is part of the principle of the functional equalisation of the respective careers as a whole and the relative distribution of jobs in similar proportions. The specific criteria for equalization are applied according to the importance attributed to each of the jobs in the structure of the Fiscal Ministry. Overall, it is an economic balance between both Careers.

Thus, in the first two remuneration groups, a number of Prosecutors is included, in general terms, to that of members of the Judicial Career, even if not all those belonging to the first category, attending to the the importance attached to each of the busy destinations. For this equalisation, the fact that the basic remuneration assumes the existence of retributive subgroups within the first two is ponderated.

The following four groups include the remaining members of the Fiscal Career of the second category. In order to bring the Judicial Race into line, the Fiscalas are integrated, except those at national level, which are the subject of special consideration, in two successive groups in proportion to one to two or three places, according to the cases, which is comparable to the one to be given in the definitive structure between the Magistrates belonging to non-central collegiate organs and to one-person organs, respectively.

By virtue of this equalization, coordination functions are attributed to the prosecutors who are left with the judges of the collegiate bodies.

Category 3 Prosecutors are distributed in three different groups, as are the Judges. But while the distribution criterion is based on the importance of the specific locality in which the Court is based, in the case of the Prosecutors, a criterion of provincial distinction is served, and only secondarily to the destination. In order to make the remuneration equal to the most concentrated organisation in the provincial capital of the Ministry of Public Prosecutor's Office compatible, it is a matter of fact.

The retributive increase of this Royal Decree is implemented in two phases, which correspond to the present economic year and to that of 1990.

Appropriate measures of an additional and transient nature are finally established.

In its virtue, on the proposal of the Minister of Economy and Finance at the initiative of Justice, with report of the General Council of Judicial Power and after deliberation of the Council of Ministers, at its meeting of 21 April 1989,

DISPONGO:

Article 1. Application Scope.

1. The complement of the Judges, Magistrates and Prosecutors will be the one established in the present Royal Decree, taking care of their fixation to the exclusive dedication to the judicial and fiscal function and to the full availability that the job performance.

2. The remuneration of the members of the Prosecutor's Office to those of the judicial branch, in respect of the supplement to the latter's destination, shall take effect in accordance with the provisions of this Royal Decree, taking into account the principle of equal treatment for races.

Art. 2. º Quantification.

1. The target supplement shall be determined on the basis of the number of points which, in accordance with the following Articles, correspond to the different positions of employment.

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

Art. 3. º Concepts that span the target add-in.

The number of points will be based on the following concepts:

a) Place of destination, special qualification of this and volume of work.

b) Hierarchy, character of the function and representation inherent in the charge.

c) Special responsibility for the internal government of the Courts and Courts.

d) Penosity.

e) Joint exercise of another role in the Administration of Justice or substitution, regardless of the position of the person concerned.

Art. 4. Group Classification for setting the target add-on.

For the purposes of the scheme of the add-in of destination set out in this Royal Decree, the posts corresponding to the members of the Judiciary are classified in the following groups:

Group First: Presidents of the Supreme Court and President of the National Court.

The following group jobs are put on the balance:

Deputy Prosecutor of the Supreme Court, Chief Prosecutor of the Prosecutor's Office before the Constitutional Court and Prosecutor Inspector.

Second Group: Magistrates of the Supreme Court, Presidents of the Chamber of the National Court and President of the Supreme Courts.

The following group members are left with the following: Prosecutors of the Chamber of the Supreme Court, Chief Prosecutor of the National Court, Chief Prosecutor of the Court of Auditors, Fiscal Heads of the Prosecutor's Office of the Superior Courts of Justice, Chief Prosecutor of the Technical Secretariat of the Attorney General of the State, Chief Prosecutor of the Office of the Special Prosecutor for the Prevention and Suppression of Illegal Drug Trafficking, Prosecutors of the Prosecutor's Office before the Constitutional Court and Prosecutors of the Supreme Court.

Third Group: Magistrates of the collegiate bodies based in Madrid and Barcelona.

The following third group jobs remain to be equated:

Prosecutors at the National Court, the Court of Auditors, the Fiscal Inspectorate, the Technical Secretariat and the Special Prosecutor's Office for the prevention and repression of illegal drug trafficking.

By assimilation to the places of the collegiate bodies, the Fiscal coordinators of the Fiscalas of the Superior Courts of Justice of the Community of Madrid and Catalonia.

Group Fourth:

A) Magistrate of collegiate bodies based in the following capitals: Alicante, Bilbao, Cádiz, Córdoba, Granada, La Coruña, Las Palmas de Gran Canaria, Malaga, Murcia, Oviedo, Palma de Mallorca, Pontevedra, San Sebastian, Santa Cruz de Tenerife, Sevilla, Valencia, Valladolid and Zaragoza.

B) Magistrates of single-person organs based in the cities of Madrid and Barcelona.

The following fourth group jobs remain to be equated:

By assimilation to the places of the collegiate bodies, the Fiscal coordinators of the Fiscalas of the capitals listed in paragraph A) of this group.

By assimilation to those of the single-person organs, the places in the second category of the Tax Race not included in the previous groups corresponding to the Fiscalas of the capitals listed in paragraph B) of this group.

Group 5:

A) Magistrates of the collegiate bodies based in the following capitals: Vitoria, Albacete, Almería, Ávila, Badajoz, Burgos, Cáceres, Castellón de la Plana, Ciudad Real, Cuenca, Gerona, Guadalajara, Huelva, Huesca, Jaén, León, Lerida, Logroño, Lugo, Orense, Palencia, Pamplona, Salamanca, Santander, Segovia, Soria, Tarragona, Teruel, Toledo and Zamora.

B) Magistrates of single-personal organs based in the following capitals: Alicante, Bilbao, Cadiz, Córdoba, Granada, La Coruña, Las Palmas de Gran Canaria, Malaga, Murcia, Oviedo, Palma de Mallorca, San Sebastián, Santa Cruz de Tenerife, Sevilla, Valencia, Valladolid and Zaragoza.

C) Magistrates of single-person organs based in the localities of Barakaldo, Mataró, Badalona, Gijón, Jerez de la Frontera, Santa Coloma de Gramanet, Sabadell, Terrassa, L' Hospitalet de Llobregat, Alcalá de Henares, Leganes, Mostoles, Getafe, Eivissa and Vigo.

The following fifth group jobs remain to be equated:

By assimilation to the places of the collegiate bodies, the Fiscal coordinators of the Fiscalas of the capitals listed in paragraph A) of this group.

By assimilation to those of the single-person organs, the places in the second category of the Tax Race not included in previous groups corresponding to the Fiscalas of the capitals listed in paragraph B) of this group, as well as that of Pontevedra.

Group Six:

A) Magistrates of the one-person organs based in the other provincial capitals.

B) Magistrates of single-person organs based in the other localities.

The following sixth group jobs remain to be equated:

By assimilation to those of the single-person organs, the places in the second category of the Tax Race not included in previous groups corresponding to the Fiscalas of the capitals referred to in paragraph A) of this group.

Group seventh: Judge of organs based in the localities of Alcazar de San Juan, Alzira, Alcobendas, Alcoy, Andujar, Antequera, Aranda de Duero, Aranjuez, Arenys de Mar, Arrecife, Azpeitia, Benidorm, Berja, Betanzos, Hive Old, Chiclana de la Frontera, Denia, Dos Hermanas, Durango, El Puerto de Santa Maria, Elda, Figueres, Gandia, Granadilla de Abona, Granollers, Gernika-Luno, Guía de Gran Canaria, Igualada, Inca, Xativa, La Bisbal, La Orotava, Laviana, Lorca, Mahon, Manacor, Manresa, Miranda de Ebro, Mieres, Mula, Orihuela, Plasencia, Ponferrada, Puertollano, Ronda, Sagunto, San Bartolomé de Tirajana, Sant Boi de Llobregat, Sant Feliu de Llobregat, San Lorenzo de El Escorial, Sanlúcar de Barrameda, San Roque, Santa Coloma de Farners, Sueca, Talavera de la Reina, Telde, Tolosa, Tortosa, Torrelavega, Tudela, Utrera, Velez Malaga, Vendrell, Bergara, Vic, Vilafranca del Penedès, Vilagarcia de Arousa, Villajoyosa, Vilanova i la Geltru, Villena and Vinaroz.

The seats of the third category of the third category of the Fiscal Career, corresponding to the Fiscalas of Madrid and Barcelona and the capitals of the group (A) of the group, are equated to the positions of the seventh group fourth, except that they are assigned in the template to localities other than the capital of the province or correspond to existing jobs to cover the justified absences of the incumbent or discontinuous actions.

Group 8: Judges of organs based in Almansa, Almendralejo, Aoiz, Arcos de la Frontera, Astorga, Ayamonte, Balaguer, Barbastro, Baza, Benavente, Berga, Calahorra, Calatayud, Cambados, Cangas de Narcea, Cangas Onis, Caravaca, Carballo, Carmona, Cervera, Cieza, Ciudad Rodrigo, Corcubion, Chantada, Don Benito, Ecija, Ejea de los Caballeros, Estella, Estepona, Fraga, Grado, Guadix, Haro, Hellin, Huercal-Overa, Icod de los Vinos, Jaca, La Carolina, La Baneza, Lalin, La Palma del Condado, Laredo, La Roda, Lena, Linares, Liria, Loja, Lora del Rio, Los Llanos de Aridane, Luarca, Lucena, Manzanares, Marchena, Medina del Campo, Mondonedo, Monforte de Lemos, Montilla, Moron de la Frontera, carnero, Moron de la Mata, Noia, Ocaña, Olot, Ontinyent, Orgaz, Orgiva, Osuna, Penarroya-Puebonuevo, Posadas, Ponteares, Puerto del Rosario, Quintanar de la Orden, Requena, San Clemente, Santa Cruz de la Palma, Santoña, Siero, Tafalla, Tarancon, Torrijos, Trujillo, Tui, Ubeda, Valdepeñas, Valls, Vera, Verin, Villacarrillo, Villanueva de la Serena, Yecla and Zafra.

The places in the third group of the third category of the Tax Race corresponding to the Fiscalis of the capitals referred to in paragraph (A) of the fifth group shall be equal to the positions of the eighth group, unless are assigned in the template to locations other than the capital of the province or correspond to jobs performed to cover the justified absences of the incumbent or discontinuous action.

Group 9th: Judges based in the remaining localities.

The number of places in the third category of the Fiscal Race, which, whatever the Office of the Prosecutor General's Office, are assigned to localities other than the capital of the city, is equated to the jobs of the group. (a) the province of the province or the place of work carried out to cover justified absences by the incumbent or discontinuous action.

Art. 5. No. By the place of destination, special qualification of this and volume of work.

By the place of destination, special qualification of this and volume of work will be credited to the Judges and Magistrates and Prosecutors equated the following points:

Group first: 101 points.

Group 2: 99.5 points.

Third Group: 95.75 points.

Group quarter: 91.25 points.

Group 5: 80.75 points.

Group sixth: 70 points.

Group seventh: 66.25 points.

Group eighth: 56.25 points.

Group ninth: 45.25 points.

Art. 6. º By representation inherent in the charge.

For the inherent representation of the position, the Judges and Magistrates and Prosecutors will be credited with the following points:

Group first: 30 points.

Group 2: 27 points.

Group 3: 22 points.

Group quarter: 14 points.

Group 5: 12 points.

Group 6: 10 points.

Group seventh: 5 points.

Group eighth: 2.5 points.

Group ninth: 1 point.

Art. 7. For the special responsibility of the internal government of the Courts and Courts.

For the special responsibility in the internal government of the Courts and Courts will be credited:

(a) 6.25 points to the Presidents of the Provincial Hearings, Presidents of Chambers of the Supreme Courts of Justice, Central Judges of the Criminal and Central of Instruction and Decans who have been appointed in accordance with the Article 166.1 of the Organic Law 6/1985, of July 1, of the Judiciary.

This concept is equated with the posts mentioned in the previous paragraph by the Fiscal Chiefs of the provincial capitals, not included in the second group, the Court's Prosecutors National, of the Court of Auditors, of the Inspectorate, of the Special Prosecutor for the Prevention and Suppression of the Illegal Traffic of Drugs and of the Superior Courts of Justice.

b) Three points to the Presidents of the Section of the National Audience and the Provincial Hearings.

The posts mentioned in the previous paragraph are equated by this concept to those of the other Inspectors of the Inspectorate and the Technical Secretariat.

Art. 8. º By substitution involving the joint performance of another function.

1. By substitution involving the joint performance of another function, they shall be established:

a) 15 points for replacement of Judges in the Courts served by Magistrates.

b) 10 points for the replacement of Judges in the other Courts.

c) 4 points for the replacement of the Fiscal Tenors of the Chief Prosecutors of the Provincial Hearings.

2. For periods of no more than 10 days and the reasons for paid leave, whether or not summer time, they shall not be entitled to the receipt of the supplement of destination for the concept referred to in this Article, with the exception of their performance. is in extension of jurisdiction.

Art. 9. Assistants, supplies and temporary provision.

1. The accidental or sporadic performance in charge of the Judicial Career, in accordance with the organic provisions, by those who do not belong to it, shall be remunerated by means of assistance accrued for days, according to the The following rules:

(a) Alternate Magistrates acting in the collegiate body shall receive an amount equal to 7 points for each assistance, without prejudice to any amendments which may be made pursuant to paragraph (a); of the ninth additional provision of Royal Decree 236/1988 of 4 March.

(b) The substitute Judges and Prosecutors shall credit for each assistance 100 per 100 of the salary corresponding to the replacement.

2. The Judges and Prosecutors under temporary provision, as well as the substitute Judges and Prosecutors who perform the function without interruption for more than one month, shall be paid with 85 per 100 of the basic remuneration for the Judges who hold the job they perform, excluding trienes, and 100 per 100 of the target complement that would correspond to them.

Also, they shall credit the remuneration for extraordinary payments and holidays in the same proportions as the previous paragraph.

Art. 10. Remuneration incompatibilities.

1. The remuneration referred to in Article 9 (1) and (2), when applied to officials of the State Administration, shall be subject to the provisions of Law 53/1984 of 26 December.

2. In accordance with the first paragraph of Article 3 (2) of Law 53/1984, as provided for in Article 1 (2) of the same Law, the remuneration referred to in Article 9 (1) and (2) shall be incompatible with the provision of a retirement pension or retirement pension for passive rights or for any public and compulsory social security scheme, unless, in accordance with its second subparagraph, the perception of pensions is suspended for the performance of these substitution activities.

3. For these purposes, the suspension of the retirement or retirement pension shall be made for each day of assistance, in the amount equivalent to a total of thirty of the monthly amount of the pension.

4. The economic effects of the suspension shall take place, by way of compensation, by reducing the remuneration for each assistance due an amount equal to the amount of the amount of the pension.

Art. 11. For functions other than those of your job.

1. In accordance with the provisions of Article 17 of Law 17/1980 of 24 April, only the Judges, Magistrates and Prosecutors referred to in this Royal Decree may receive other remuneration when they are assigned functions other than those of the the purpose of which, but linked to it, in the case of secondment or when special services are to be carried out without the relevant functions being relieved, the right to remuneration and the amount of the remuneration to be determined in the provision which entrusts the function or service.

2. Such remuneration may be recognized only by the Ministry of Justice, on a proposal from the General Council of the Judicial Branch or from the State Attorney General, in each case, determining the amount and the period of perception in respect of the nature and duration of the service, within the appropriations allocated for these concepts.

ADDITIONAL PROVISIONS

First.

The Presidents of the Chamber of the Central Labor Court, when pursuant to Article 31 of Law 38/1988 of 28 December 1988, of Demarcation and of the Judicial Plant, are assigned to a Chamber of the Social, will continue to perceive, personal title, the corresponding points of particular responsibility in the internal government of the Courts and the Courts recognized to the Presidents of the Chamber.

Second.

The destination supplement set forth in this Royal Decree is recognized regardless of the basic remuneration that in each case corresponds to the applicable regulations.

Third.

When, as a consequence of the provisions of Law 38/1988, of December 28, of Demarcation and of the Judicial Plant, the conversion of the District Courts to the Courts of First Instance, of Instruction or of First Instance, occurs Instance and Instruction, the Judges and Magistrates assigned to them shall bear the appropriate supplement to their intended purpose, according to the group of the converted Court or to which they are assigned.

Fourth.

The provisions of this Royal Decree are without prejudice to the indemnities which are intended to compensate for the expenses incurred in service, which shall be governed by the rules in force in this field.

TRANSIENT PROVISIONS

First.

As long as a new Organic Regulation of the Fiscal Ministry does not enter into force, the following rules apply:

1. The places of fiscal coordinators referred to in this Royal Decree, in the capitals of the Supreme Courts of Justice, will be one of every two places in the second category of the Fiscal Race corresponding to the staff of the respective Office of the Prosecutor's Office, without being able to exceed the limit of two for every five places of the total of the second and third category assigned to the capital.

For the computation of the positions of the coordinators in the Fiscalas of the Supreme Courts of Justice, the Chief Prosecutors will be excluded.

The number of Coordinators to which the present Royal Decree refers will be, in the other capitals, one in three places, and one more if two, of the second category of the Fiscal Race corresponding to the Staff of the Office of the Prosecutor

.

The Chief Prosecutor's Square of the Provincial Hearings will have the consideration of the coordinator's Fiscal Square, even if it does not correspond to it according to the proportion established in the previous paragraph of this rule.

Coordinators of the second oldest category of prosecutors in the office of the Prosecutor's Office in the Procuratorate concerned will occupy the positions of the Fiscal Coordinators.

2. The Prosecutors referred to in the previous rule shall have assigned coordination tasks, without prejudice to the other functions of the Office of the Prosecutor General, within the meaning of Article 25 of Law 50/1981, of December, for which the Organic Statute of the Fiscal Ministry is regulated, and those that the future Organic Law of the Fiscal Career will entrust to them.

3. The places in the second category which are not covered at the time of the entry into force of this Royal Decree by Prosecutors of that category shall be understood to be occupied by the Prosecutors of the third most category Former persons who are assigned to the Office of the Prosecutor General.

Prosecutors in the third category occupying the second category will receive the supplements corresponding to the second category according to the group that corresponds to the assimilation of the one-person organs.

4. When a place in the second category is vacant, a competition between prosecutors and, in the absence of applicants, will become occupied by the Prosecutor of the third oldest category on the scale destined for the Prosecutor's Office.

Notwithstanding the provisions of the previous paragraph, the Prosecutors of the second category that at the time of the entry into force of this Royal Decree will occupy places of the third category will have preference to occupy the vacancies in the second category that occur in the Public Prosecutor's Office in which they are currently posted.

5. The vacancy referred to in the previous rule, if the vacancy corresponds to the place of the coordinating prosecutor, shall be automatically redistributed by the order of seniority between the Prosecutors to be filled The second category is assigned to the Office of the Prosecutor General for the purposes of determining those to which it is responsible for the position of the coordinator, according to rules 1) and 3).

6. The second category of the Prosecutors in the second category will receive the corresponding destination supplement.

It will be understood that they occupy a place of the third category of the second most modern prosecutors in the scale that exceed the seats provided for in the corresponding staff of the Office of the Prosecutor for the latter category.

7. You will not be able to apply for Category 3 in the category second category.

8. The provisions of the above rules are without prejudice to the cases in which the Organic Statute of the Fiscal Ministry requires a given category to play the place.

Second.

This Royal Decree shall in no case be the case for the Judges, Magistrates and Prosecutors, who are included in the present Decree, in order to reduce the remuneration for the currently received supplement. The persons concerned shall, where appropriate, maintain, in a personal capacity, the perceptions to which they are entitled in accordance with the previous rules, as long as they do not obtain a new destination, and the difference between them and those corresponding to the present Royal Decree will be absorbed by 50 per 100 of any future increase in your total contributions.

Third.

1. As long as the High Courts of Justice are not constituted, the Presidents of the Territorial Hearings of Madrid and Barcelona and the Chief Prosecutors of the Fiscalas of the same will perceive the complement of destination that is in the group second, according to the classification established in article 4. of this Royal Decree. The remainder of the Presidents of the Territorial Hearing and the Chief Prosecutors shall be equal to them, from the same capitals, and shall receive the supplement to the group of the collegiate bodies of the capital concerned, as well as 12,5. points of special responsibility in the internal government of the Courts and Courts. Without prejudice to this, for the purposes of calculating the coordinators, the capitals where the Supreme Courts of Justice are established shall be taken into account.

2. Except as provided in the previous paragraph, references to the High Courts of Justice contained in this Royal Decree shall apply to the Territorial Hearings.

Fourth.

1. During the 1989 economic year, the complement of the Judges, Magistrates and Prosecutors will be increased by two thirds of the difference between the points corresponding to the position of work by application of this Royal Decree. and those that became established by the same post, under Royal Decree 1404/1988, of 25 November, with the exception of the points corresponding to substitutions and guards.

2. As from 1 January 1990, all the points resulting from the provisions of this Royal Decree shall be payable. From that date, no awards shall be made for the collection on the basis of the award of the debts to the Social Security, in accordance with the fifth transitional provision, in conjunction with Article 38 of Law 37/1988, Council Regulation (EEC) No 2843/88 of 28 December 1989 on the general budget of the State for 1989 and the transitional provision of Law 7/1989 of 12 April 1989 on the basis of work procedures.

Fifth.

1. As long as the conversion, deletion or replacement of the current District Courts does not occur, the holders will receive the destination supplement according to the following rules:

1. The District Courts based in the capitals of Madrid and Barcelona will be considered to be in the seventh group.

2. The District Courts based in the other provincial capitals shall be considered to be included in the eighth group.

3. The District Courts based in Alcala de Henares, Algeciras, Avilés, Badalona, Barakaldo, Cartagena, Ceuta, El Ferrol, Elx, Fuengirola, Getafe, Gijón, L' Hospitalet de Llobregat, Eivissa, Jerez de la Frontera, La Laguna, Leganes, Marbella, Mataró, Melilla, Merida, Mostoles, Motril, Reus, Sabadell, San Fernando, Santa Coloma de Gramanet, Santiago de Compostela, Terrassa and Vigo, will be considered as the eighth group.

4. The District Courts based in the other localities shall be considered to be included in the ninth group.

2. Subject to the arrangements laid down in Article 9, eight points shall be payable for the replacement of the Judges in the District Courts.

Sixth.

1. As long as the regime of night guards is not definitively regulated in the populations in which it is necessary to establish such a service, they will be accredited, for a greater penalty, eight points for each duty of duty to the Judges, Magistrates and Prosecutors who serve or are attached to the Court of Instruction of Madrid, Barcelona, Malaga, Seville, Valencia and those localities with more than ten Courts of Instruction referred to in the Order of the Ministry of Justice of 4 October 1984.

2. The amount of this compensation concept for the Judges, Magistrates and Prosecutors shall be six points from the first of September 1989.

3. For the purpose of collecting the compensation referred to in the preceding paragraphs, it shall be necessary for the Judges, Magistrates and Prosecutors concerned to remain uninterruptedly at the seat of the court and for the person to whom Certify that the persons concerned have stayed at that venue from the twenty-three hours until nine hours of the following day.

Seventh.

Article 13 of Royal Decree 1404/1988 of 25 November 1988, hereinafter referred to as ' Royal Decree 1404/1988 of 25 November 1988 laying down the amount of the supplement to the fate of the Secretaries Judicial and civil servants of other bodies in the service of the Administration of Justice ', read as follows:

" Article 13. Assists and substitutions.

1. The officers, auxiliaries and substitute agents who act accidentally or sporadically in a paid position of the Administration of Justice, in accordance with the organic provisions, without belonging to the bodies of the latter, shall be remunerated by means of assists, crediting for each of them the 100 per 100 of the salary that would correspond to the replacement.

2. The Secretaries under temporary provision shall be paid at the rate of 85 per 100 of the basic remuneration, excluding three-year periods, and 100 per 100 of the supplement to the destination which would correspond to the career official who was to carry out the job.

They shall also credit the remuneration for extraordinary payments and holidays in the same proportions as the previous paragraph. "

REPEAL PROVISION

1. The following paragraphs shall be repealed: Article 4 (1); Article 5 (2); (a) and (b) of Article 7 (a); (a) of Article 8 (1); points (a), (b), (c), (d), (f), (g) and (i) of Article 11; points (a) and (b) of Article 7. Article 12 and the second transitional provision of Royal Decree 1404/1988 of 25 November 1988.

2. The following expressions in the articles listed in the Royal Decree are deleted in the Royal Decree:

(a) "Members of the Judicial and Fiscal Careers", in Article

.

(b) "6 points: Members of the Judicial and Fiscal Career assigned exclusively to these bodies", in Article 10 (1) (a).

(c) "5 points: Members of the Judicial and Fiscal Career assigned exclusively to these bodies", in points (b), (c) and (d) of Article 10 (1).

(d) "8 points: Members of the Judicial Race and the Fiscal Career, provided that the latter are specifically assigned to such Courts and develop the duty service under the same conditions as the Judges", in the letter (a) in Article 10 (3).

(e) "Members of the Judicial and Fiscal Career, and", in the last paragraph of Article 10 (3) (a).

(f) "6 points: Members of the Judicial and Fiscal Careers permanently attached to such Courts", in Article 10 (3) (b).

g) "Members of the Judicial Race who, without any duty relief, act as the Appellate Tribunal of the Court of Appeal of the Tutelary Courts of Minors", in Article 11 (e).

(h) "Judges in District Courts, District Attorneys, and", in Article 12 (c).

i) "4 points for the replacement of Chief Prosecutors of Territorial and Provincial Hearings", in Article 12 (e).

3. Similarly, all provisions of equal or lower rank shall be contrary to the provisions of this Royal Decree.

FINAL PROVISIONS

First.

The Ministers of Justice and Economy and Finance are empowered to adopt, in the field of their respective competence, the necessary measures for the best compliance with the provisions of this Royal Decree.

Second.

This Royal Decree 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 1989, without prejudice to the provisions of the provision Fourth transient.

Given in Madrid to April 21, 1989.

JOHN CARLOS R.

The Minister of Economy and Finance,

CARLOS SOLCHAGA CATALAN