Advanced Search

Royal Decree 429/1988, Of 29 April, Whereby Approving The Organic Regulation Of The Body Of Court Clerks.

Original Language Title: Real Decreto 429/1988, de 29 de abril, por el que se aprueba el Reglamento Orgánico del Cuerpo de Secretarios Judiciales.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Article 456 of the Organic Law 6/1985, of July 1, of the Judicial Branch, provides for the existence of Organic Regulations for the service of the Administration of Justice, under the name of which are understood, others, the judicial secretaries. Under the additional provisions of the Act itself, it is for the Government to approve the Regulations requiring the development of the said Organic Law.

Approved by Royal Decree 2003/1986 of 19 September, the Organic Regulation of the Bodies of Officers, Auxiliary and Agents of the Administration of Justice, is now approved the Organic Regulations of the Body of Secretaries Judicial.

The Secretary, as provided for in Article 281 of the Organic Law, is the only official responsible for giving full faith in the effects of the judicial proceedings, and the faculty of documentation in exercise of his duties, bearing the character of authority. The Organic Regulation underlines the autonomy and independence of the judicial secretary in the development of this function.

The purpose of the Regulation is, moreover, to properly develop the character of the Director of the judicial office which corresponds to the Registrar, by assigning a number of functions to ensure the effective implementation of this task. The direct leadership of the staff of the Secretariat, established in Article 473 of the Organic Law of the Judiciary, is properly configured, in such a way that the provision in the hands of the Secretary of the necessary to carry out such a task as own of his office is properly harmonized with the function of superior management of the judicial office that the Organic Law attributes to the Judges and Presidents.

In the Organic Regulation, which is approved, the broad functions of the driving and ordering of the process are collected, which the Organic Law, following the trend of other systems of comparative law, attributes to the Judicial secretaries, without prejudice to the wider development of the same ones to take place in the reforming laws of the process.

The Organic Regulation establishes the membership of the Body of Judicial Secretaries under the Ministry of Justice, through the Directorate General of Relations with the Administration of Justice, and the by setting up the Secretariat Council as an exclusively consultative body and an advisor to the Administration.

At the proposal of the Minister of Justice, prior to the report of the General Council of the Judiciary, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on April 29, 1988,

DISPONGO:

Single item.

The Organic Law of the Body of Judicial Secretaries is approved as an annex to this Royal Decree.

TRANSIENT PROVISIONS

First.

The judicial secretaries to whom, according to the Organic Law 5/1981, of 16 November, on the integration of the Judicial and Secretariat Career, will correspond to the degree of income in the third category, will remain located, in their order, following the last of those to whom, according to the same law, the degree of promotion of the third category corresponds.

Second.

the judicial secretaries who are occupying a place of less than a category to that which corresponds to them, may continue to perform it, without prejudice to their promotion where appropriate in accordance with the provisions of the Deputy Rules of Procedure, continuing with the economic rights corresponding to the position held.

Third.

1. Those who, at the entry into force of the Organic Law of the Judicial Branch, were carrying out in the place of Secretariats of Tutelary Courts of Minors, will be integrated into the Body of Judicial Secretaries, occupying a number bis in the escalafon, according to the age that they will flaunt.

2. Officers entitled as Secretaries in the Tutelary Courts of Minors will be subject to the Statute of the Judicial Secretaries, but they will only be able to aspire to places in the Courts of Minors.

3. For the sole purpose of occupying a place in the Courts of Minors, the officials referred to in the two preceding paragraphs shall be deemed to belong to the appropriate category. For all other scale effects, the promotion shall be governed by the general rules.

4. To those who, with the law of the Law of the Judicial Branch, with the title of Licentiated in Law, were in the place of Secretary in the Tutelar Courts of Minors with interim appointment, or obtained the same in virtue of In both cases, they will have passed selective systems prior to that date, they will be recognized the services provided, in the first two oppositions that are called for entry into the Body of Judicial Secretaries, in the form of the to be set to the same.

Fourth.

The Secretaries from the Jurisdiction of Labor shall have preference, while remaining in the courts of the judicial work order, to occupy the places of the Secretaries of the Courts of the Social and in the Chambers of the Social of the National Court or High Courts of Justice.

Fifth.

Officials of the Corps declared to extinguish the Peace Secretaries of municipalities of more than 7,000 inhabitants with five years of effective services, which, as of the entry into force of the Organic Law of the Judiciary, obtain the Bachelor of Law, may participate in the contests referred to in Article 478 of that Law.

Sixth.

1. Until the Law of Plant is promulgated, in the Peace Courts of municipalities of less than 7,000 inhabitants, the functions of the Secretary will be performed by the Secretary of the respective City Council, who can be replaced, in case of vacant, by an official of the municipal staff, with the authorization of the Directorate-General for Relations with the Administration of Justice.

2. In the absence of the foregoing, the Directorate-General for Relations with the Administration of Justice shall appoint, upon a report of the Judge of First Instance or of the District concerned, any other person who meets conditions of suitability. If they do not, they shall appoint an official from whom they serve in the nearest Court of First Instance and Instruction, District or Peace, which shall be transferred to the locality concerned as many times as necessary.

Seventh.

As long as there are judicial secretaries from the extinct Bodies or Ramas, the respective steps will be taken to indicate the origin of each of them for the purposes of the preferences in the transfer competitions. which refers to the fourth transitional provision.

Eighth.

1. The third-category judicial secretaries who entered the body prior to the entry into force of the said Regulation shall, in order to be promoted to the second category by means of Article 37 (2) of the Regulation, request it in the competitions that will be convened in a timely manner. In the event of no such request being made, the vacancies shall be provided automatically by applying the seniority principle, in accordance with the provisions of that provision.

2. After two years after the entry into force of the Law of Plant, the promotion will be carried out automatically, in any case, applying the principle of seniority, without the need of request.

3. The provisions of the foregoing paragraphs are without prejudice to the provisions of the third transitional provision of the Organic Law of the Judiciary. The judicial secretaries who will continue to provide services in District Courts converted into Courts of First Instance and Instruction served by Magistrates, will ascend to the second category without loss of their destiny when it is done by the Follow you on the ladder.

Ninth.

Upon the entry into force of the Deputy Rules of Procedure, all the Chambers of Hearings, Courts and Courts shall be adapted to the provisions of Article 4 (1). However, those Courts and Courts which, for reasons of furniture or space, cannot do so, shall have the period necessary for their suitability.

10th.

As long as the new plant of Courts and Tribunals does not enter into force, the precepts of the Deputy Rules of Procedure will apply to the Central Labour Court, Territorial Hearings, Labor Magistrates, Tutelary Courts of Minors and District Courts, as appropriate under the transitional arrangements in force.

FINAL PROVISIONS

First.

The Minister of Justice is authorised to develop by Order the precepts contained in the Deputy Rules of Procedure.

Second.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Third.

Decree 1019/1968, of May 2, is hereby repealed, and all provisions of equal and lower rank shall be contrary to the provisions of this Royal Decree.

Given in Madrid to April 29, 1988.

JOHN CARLOS R.

The Minister of Justice,

FERNANDO LEDESMA BARTRET

ANNEX

Organic Law of the Body of Judicial Secretaries

CHAPTER FIRST

General provisions

Article 1. Definition.

1. The Judicial Secretaries are civil servants, of a technical nature, who constitute, under the Ministry of Justice, a National Body Titled Superior to the service of the Administration of Justice.

2. The judicial secretaries, with the character of authority, exercise autonomy and independence the judicial public faith, and they carry out the functions of the judicial office and management of the process that the Organic Law of Power attributes to them. Court of Justice 6/1985, of 1 July, of the Judiciary and this Regulation.

Art. 2. Legal and economic arrangements.

1. Judicial Secretaries shall perform their duties subject to the provisions of the Laws and Regulations, without prejudice to the powers of direction and inspection of the Judges and Presidents.

2. They may provide services in the technical bodies of the General Council of the Judiciary, subject to the provisions of Article 145 of the Law of the Judicial Branch.

3. The judicial secretaries shall be remunerated in the form and amount to be determined by the Laws, without in any case being able to do so by tariff, in accordance with Article 454.2 of the Organic Law of the Judiciary.

4. Its Statute shall be governed by the provisions of the Organic Law of the Judiciary and this Regulation. The provisions of the general State legislation on civil service (Article 456 of the LOPJ) shall apply, as an additional matter, to the provisions of the general State law.

Art. 3. Categories.

1. The categories of the Body of Judicial Secretaries are three (article 476.1 of the LOPJ).

2. The seats of the Registrar and Deputy Secretary of Government of the Supreme Court, Secretaries of the Chamber of the High Court, Secretary of Government of the National Court and Registrar shall be provided among the officials belonging to the first category. of the Government of the High Courts of Justice Article 476.2 of the LOPJ).

3. The Secretaries of the Chambers of the National Court and of the High Courts of Justice, of the Provincial Hearings and of Courts served by Magistrates will be provided among the Secretaries belonging to the second category (article 476.3 of the LOPJ).

4. The Secretaries of the Courts that are not to be served by Magistrates will be covered with officials of the third category (article 476.4 of the LOPJ).

Art. 4. º Prerogatives, treatment and flags.

1. In public hearing, court meetings and formal acts, the judicial secretaries shall use toga and shall sit at the same height as the Judges and Magistrates, Lawyers and Attorneys, to the left of the Court. those.

2. (a) The Secretary of Government of the Supreme Court shall have the treatment of an illusory sense.

(b) Other judicial secretaries shall have the treatment of a senory.

(c) In no case may the Secretaries use, when they meet in solemn or ex officio acts, decoration which they are entitled to treatment superior to that which corresponds to the President of the Court or the respective Judge.

3. The judicial secretaries shall be entitled to the corresponding document stating their status as such, in which the content of article 281.1 of the Organic Law of the Judiciary will be collected. The document shall be issued to them by the Directorate-General for Relations with the Administration of Justice.

4. As a badge of his office, they will wear a plaque and wear a medal, both of which are golden if they belong to the first and second categories; silver, if they belong to the third.

5. The plate shall be composed of a central circle of purple enamel, of 50 mm, circumscribed of a set of gold or silver metal bursts, distributed in eight groups, a set which will be starstruck, with a maximum diameter of 85 Millimetres, and a minimum of 65 millimetres. In the expressed enamel circle they will be closed, separated by a vertical nerve, two ovals inclined towards the edge, in which the Shield of Spain and an allegorical figure representative of the faith appear, respectively. Bordering the bottom half, on the enamel, a 4 mm wide ribbon with the inscription "Judicial Public Faith". Presiding over the set, the Crown of the Spanish Shield.

6. The medal shall be the shape of an oval of 52 millimeters in its largest extent, by 37 millimeters of width, carved in its outline by two branches of laurel collected by four clamps, opposite in the sense of the diameters that, starting from a fillet 1 millimeter of width, surrounding the lower oval, shall be closed on the reverse side, in which the inscription "Judicial Public Faith" shall appear. The medal for the Crown of the Spanish Shield will be surpassed. The cord of which the cord will be, through a ring, will be made of gold thread or plant, according to the cases.

Art. 5. Sello.

The judicial secretaries will use a stamp that will have to be stamped on the documents, next to their signature, with the attributes of the Justice and the inscription in the center "Judicial Public Faith," around which the the name of the Secretariat of the Chamber or of the relevant Court and the population in which the Court or Court is to be heard.

Art. 6. º Functions as holders of the judicial public faith.

1. As holders of the judicial public faith, the following functions are the responsibility of the judicial secretaries:

(a) To exercise judicial public faith and to assist the Judges and Courts in the exercise of their duties, in accordance with the provisions of the Organic Law 6/1985 of 1 July, of the Judicial Branch and the Law of Procedure (article 473.1 of the LOPJ).

b) Assume the keeping and deposit of the documentation, its file and the preservation of the goods and objects affected to the judicial files, as well as respond of the due deposit, in the legal institutions, of the many quantities and values, consignations and sureties are produced (Article 473.3 of the LOPJ).

The deposit of goods, objects, quantities, securities, consignations and sureties shall be made in the credit institutions which the Minister of Justice designates for the purpose, in accordance with the final provision of Royal Decree 34/1988, of 21 January, for which payments, deposits and judicial appropriations are regulated.

c) Carry out the documentation of the minutes, proceedings and notes, in the terms laid down in the Law of the Judicial Branch and in the proceedings (article 279.1 of the LOPJ).

d) Give faith with full effect of all judicial proceedings without additional witness intervention (article 281.2 of the LOPJ).

e) Authorize and document the granting of the representation in all proceedings by appearance before the Secretary of the Court or Court to hear the case (article 281.3 of the LOPJ).

(f) Exorder certified copies or testimonies of the non-secret judicial proceedings or reserved to the parties or their representatives on trial, Attorneys or Attorneys.

g) To take care of the keeping of the books, the file and the conservation of the performances except that in the Law are entrusted to the Judges or Presidents (article 287 of the LOPJ).

h) To seek access to books, files, and judicial records that do not have a reserved character, by means of the forms of exhibition, testimony or certification established by the Law (Article 235 of the LOPJ).

(i) Facilitate, together with the competent staff of the Courts and Tribunals, the persons concerned as much information as they request on the status of the proceedings, which they may examine and know, unless they are or have declared secret in accordance with the Law (Article 234 of the LOPJ).

j) In the same cases of the previous letter (h), to issue the testimonies that are requested, with the expression of their addressee, except in cases where the Law provides otherwise (article 234 of the LOPJ).

k) To take steps to record the day and time of the filing of the proceedings, of the written initiation of the proceedings and of any others whose presentation is subject to a period of time. In any event, the receipt of the written documents and documents shall be given, with the expression of the date and time of filing (Article 283.1 and 2 of the LOPJ).

The receipt may consist of an extended diligence on the copy that the party presents to the effect. Where appropriate, the submission and delivery of the receipt shall be borne by the Secretary responsible for the common service of the General Register.

2. (a) The minutes are intended to record the conduct of a procedural act or a fact of procedural importance.

(b) Diligence may be of constancy, ordination, communication or execution.

(c) The notes may be of reference, summary of the file and examination of the procedure to which they relate (Article 280 of the LOPJ).

Art. 7. º Functions as drivers and computers in the process.

As the drivers and computers in the process, the following functions are the responsibility of the Judicial Secretaries:

(a) Dictate the measures of ordination, which shall be aimed at giving to the cars the course ordered by the Law and to formally promote the procedure in its various formalities, in accordance with the procedural laws (Article 288.1 of the LOPJ). These proceedings shall be reviewed by the Judge or the Rapporteur, either on his own initiative or at the request of a party, in the cases and forms provided for in the procedural laws (Article 289 of the LOPJ).

(b) The practice of notifications and other acts of communication and judicial cooperation in the manner determined by the Laws (Article 279.3 of the LOPJ).

c) To directly request the necessary dispatches and exhorts for the execution of the agreements agreed by them in the exercise of their functions, in accordance with the procedural laws, as well as the precise ones for the execution of the agreed by the Judge or Court in cases where the Laws so establish.

(d) Give the Chamber, the Rapporteur or the Judge, in each case, the documents and documents submitted on the same day of their presentation or the following working day and, in the same terms, of the minutes which have been authorized outside the the judicial presence, and the following working day, of the course of the procedural time and of the orders which have been taken for any decision, except where the order for the procedure is concerned (Articles 284 and 285 of the LOPJ).

The account will be taken orally, by the order of filing of the letters or by the one who takes the respective cars, without any other precedence than that of those who are urgent or have a recognized preference for the Law. Where appropriate, it shall be documented by diligence and, where appropriate, accompanied by a proposal for a resolution (Article 286 of the LOPJ).

e) Propose to the Judge or Tribunal the resolutions which, according to the law, must be in the form of providence or order, including the final orders in the cases of voluntary jurisdiction, while no contest is raised, with the exceptions and in the form provided for in the Organic Law of the Judiciary (Article 290).

Art. 8. º Functions as directors of the judicial office.

1. As directors of the judicial office, the Secretaries are the following functions:

(a) Exercise the direct leadership of the Officers, Auxiliary and Agents of the Administration of Justice and other members of the judicial office.

b) Respond to the proper functioning of the judicial office by directing and ordering the work of its members and giving the relevant orders and instructions to the effect.

(c) Vellar for the fulfilment of its obligations by the staff of the office, making, where appropriate, the relevant observations.

d) Agree to the ratings that proceed, in the terms provided for in the following article.

e) To be heard, verbally or in writing, by the Judges and Presidents, before resolving, informing or giving course to any request by the staff of the office related to it whose grant or refusal by the body competent may affect the operation of that.

(f) To inform the competent authority of the needs of personal and material resources essential to the functioning of the office which cannot be met by redistributing or reorganizing the effective.

g) To direct the competent authority with proposals it considers appropriate to the reorganization, redeployment of personnel or the creation of common services in order to the more efficient operation of the office.

h) to bring to the attention of the competent authority, without the need for prior authorization, the facts which may give rise to the opening of disciplinary proceedings or a criminal case for acts carried out, in the exercise of their function, by members of the judicial office.

i) Confect the statistics of the judicial body in which they are intended.

(j) In the absence of the Judge or the members of the Court, conduct proceedings in prevention, in the cases and in terms of the laws.

2. The tasks referred to in paragraph 1 of this Article are without prejudice to the powers of the Judges and Presidents and the superior management and inspection of the functioning of the judicial office which they are responsible for. In the event of a discrepancy, the Judge or President shall issue the corresponding written instructions.

3. Judicial Secretaries shall bring to the attention of the Judges and Presidents how many facts they deem relevant in relation to the functioning of the judicial office and, in any case, those relating to the ends on which they are requested Account dation.

4. The acts of the judicial secretaries in matters relating to the Staff Regulations and the legal status of the staff at the service of the Administration of Justice shall be brought before the Minister of Justice, who shall decide in the exercise of the powers conferred on him. recognized in Article 455 of the Organic Law of the Judiciary.

5. The judicial secretaries, in their role as directors of the judicial office, shall be obliged to respect the orders and instructions they receive from the Ministry of Justice in the matter of their jurisdiction and shall be subject to the organisational models approved by the latter in accordance with the rules in force.

6. In order to give effect to the provisions of the previous paragraph, they may be convened by the Director-General of Relations with the Administration of Justice, with knowledge of the respective Judge or President.

7. Judicial Secretaries shall inform or declare in the disciplinary files instructed in respect of the personnel under their direction, when agreed by the Instructor in accordance with the applicable rules.

Art. 9. Enabutations.

1. The Secreted may enable one or more Officers to authorize the minutes to be performed in the presence of a judicial presence, as well as the proceedings of constancy and communication (Article 282.1 of the LOPJ).

2. (a) The ratings may be granted for the specific action in question or for a specified period.

(b) Enablement for the reporting of acts of entry and registration, launches, embargoes and other implementing acts shall be granted individually for each specific action. The entitled Officer shall in practice abide by the instructions of the Enabling Secretary.

3. (a) The ratings shall remain as long as they are not revoked (Article 282.2, first paragraph, of the LOPJ).

(b) The ratings shall be deemed to be revoked, in addition to the express or tacit act of the Registrar who agreed to them, for the duration of the period for which they were granted, and for the termination or removal of the authorized officer or of the Granting Secretary. The Secretary who replaces another may put them on hold for the duration of the replacement.

4. For the purposes of constancy in the personal file of the authorized official, account shall be taken of the provisions of the Organic Regulation of the Bodies of Officers, Auxiliary and Agents of the Administration of Justice, approved by Royal Decree 2003/1986.

5. The act of empowerment shall be subject to appeal by the official concerned to the Judge or President.

Art. 10. Books.

1. It will be up to the Secretaries to take them in the Courts, from the following books, in general.

a) Possessions, cesses, and personnel incidents.

b) Disciplinary expedients.

c) Alphabetic parts.

d) Consignations and depots.

e) Effects on or on deposit.

f) Issues entry.

g) Knowledge,

h) Legal aid.

i) Gubby issues.

j) Inventable material.

k) Final autos or adoption of measures.

2. It shall be for the Secretaries, in the Courts, of the following books, in accordance with the competence of the body:

a) Conciliations.

b) Extraordinary isolation and redemptions.

c) Diligences, summaries and criminal proceedings, separated according to their different nature.

d) Processes and resources, separated according to their different nature.

e) Criminal executions, separated according to their different nature.

f) Stopped.

g) Presos.

h) Processed.

i) Penados.

j) Conditional convictions.

k) Lawyers and Attorneys.

l) Minors subject to retention or reform measures.

3. It shall be the responsibility of the Secretaries of Government, and, where appropriate, of the Provincial Hearings, of the following books, in accordance with the jurisdiction of the Court:

a) Acts.

b) Inspection.

c) Visits to prisons.

d) Gubby issues.

e) Titles.

f) Disciplinary expedients.

g) Deposits and Consignations.

h) Record documents.

i) Delivery.

j) Possessions, cesses, and personnel incidents.

4. In the other Secretaries of Courts, the Secretaries shall, in general, carry the following books:

a) Input record.

b) Resources or processes, separated by their nature.

c) Legal aid.

d) Knowledge.

e) Parties.

5. In the Secretaries of the Courts referred to in the preceding paragraph, the Secretaries shall, in addition to their respective character and competence, bear the following books:

a) Processed.

b) Presos.

c) Penadas.

d) Conditional convictions.

e) Executes.

f) Breakdown between Secretaries.

g) Lawyers and Attorneys.

h) Definitive autos.

6. The provisions of the foregoing paragraphs may be developed or amended in order of the Minister of Justice.

7. The books referred to in this Article may be obtained by means of computer support, subject to authorization by the Ministry of Justice, which shall be granted, with a favourable report from the General Council of the Judicial Branch, when the security and unalterability of the stored data.

CHAPTER II

Entry into the Judicial Secretaries ' Body

Art. 11. Forms of income.

1. The entry into the Body of Judicial Secretaries will take place under the third category (article 477 of the LOPJ).

2. One out of every six vacancies in the third category will be reserved for the staff of the Officers ' Corps who is in possession of the degree of Law and will carry at least five years of effective service in the that (Article 478.1 of the LOPJ) ..

3. The remaining vacancies shall be covered in free time by means of oppositions to be convened by the Ministry of Justice among those in possession of the degree of Law.

4. Vacancies not covered by the shift referred to in paragraph 2 of this Article shall increase to the general shift (Article 478.4 of the LOPJ)

Art. 12. Principles of selection.

1. The selection of judicial secretaries shall be made by public notice, which shall take place at least once a year, and in any event shall respect the principles of equality, publicity, merit and capacity.

2. Competitions and competitions shall be convened by the Ministry of Justice to provide the existing vacancies in the Body of Judicial Secretaries, as well as those that may occur until the completion of the call.

3. The Autonomous Communities will urge the Ministry of Justice to call for the corresponding competitions and competitions when, in accordance with Article 315 of the Organic Law of Power, there are vacancies in the respective territorial area. Judicial.

Art. 13. Rules on calls.

The rules on the convocation of competitions and competitions shall be approved by the Minister of Justice, by Order, subject to the provisions of Article 38 of the Rules of Procedure of the Center for Judicial Studies, approved by Royal Decree 1924/1986 of 29 August.

Art. 14. Requirements for taking part in testing.

The applicants for entry into the Body of Judicial Secretaries, in order to be admitted to the oppositions, must meet on the date of the end of the deadline for the submission of the following conditions:

1. Being Spanish and older.

2. º Being Licensed in Law (Articles 474 and 475, in relation to the 302.1 of the LOPJ).

3. No. Not having been convicted or being prosecuted or charged for criminal offence, unless they had obtained rehabilitation or had fallen into the self-effacing cause (article 457 of the LOPJ).

4. Hälse in the full exercise of their civil rights (Articles 474 and 475, in relation to article 303 of the LOPJ).

5. º Not be disabled for the exercise of public functions (article 457 of the LOPJ).

6. No one has been separated, by disciplinary procedure, from a Body of the State, Autonomous Communities or Local Administrations, or suspended for the exercise of public functions, on a disciplinary or disciplinary basis. judicial, unless duly rehabilitated (Article 457 of the LOPJ).

7. No disease or physical or mental defect that prevents them from carrying out the job (articles 474 and 475, in relation to article 303 of the LOPJ).

Art. 15. Composition of the Court.

1. The Court of Justice of the Court of Justice will be constituted by a Magistrate of the Supreme Court, who will preside, and by the following Vocals: A member of the Judicial Race, which will replace the President in the absence of this: two judicial secretaries, a practicing lawyer; a university professor of legal disciplines or the Center for Judicial Studies, and a State Department, who will act as the Secretary with a voice and vote.

2. The Courts may not act without the assistance of at least five of its members.

3. The Court shall be appointed by the Minister of Justice. Members of the Judicial Race will be appointed on a proposal from the General Council of the Judiciary.

4. The simultaneous action of two or more Tncaims may be envisaged in the same position or contest.

Art. 16. Approved.

The selection test courts may not, under any circumstances, approve or declare that they have exceeded them by a higher number of aspirants to that of seats convened.

Art. 17. Contest restricted.

The selection of candidates through restricted competition will be carried out in accordance with the provisions of Article 478 of the Organic Law of the Judiciary, by means of simultaneous convocation of the general shift.

Art. 18. Basis of the call.

In order to resolve the competitions, the Ministry of Justice will, at the time of convening the selective tests, approve and publish the corresponding bases in which the score of the merits that can be obtained will be graduated in the applicants, according to the following scale:

a) Titles and academic degrees obtained in legal disciplines.

b) Further training courses at the Center for Judicial Studies.

c) Diplomas obtained in courses or congresses of legal specialization.

d) Presentation of papers, communications, or Memoirs.

e) Publications of a legal nature.

f) Professional history, with special reference to the performance of the judicial secretaries ' own functions by enabling or replacing them or as Secretary of the Peace Court.

g) Antiquity.

h) Language knowledge.

i) Computer skills.

Art. 19. Resolution of the contest and oppositions.

1. The Court shall, in the first place, decide on the contest referred to in the previous Article. If the number of applicants declared "eligible" is lower than the number of places called, the vacancies shall increase to the opposition shift.

2. Once the contest has been held, the competitions shall be held, two lists shall be drawn up in which the eligible candidates shall be included in each of the shifts, in the order of the score obtained.

Art. 20. Selection course.

Applicants who have passed the competition or the competitions and accredited, within the regulatory period, to meet the requirements to take part in one and more, will follow, with the character of the officials in practice, a selection course at the Centre for Judicial Studies, which will be developed and resolved in accordance with its Rules of Procedure.

CHAPTER III

Acquisition and loss of the status of Judicial Secretary

Art. 21. Appointment.

1. Applicants who pass the selective course at the Centre for Judicial Studies shall be appointed judicial secretaries by Order of the Minister of Justice.

2. The appointments shall be forwarded to the President of the Court or Hearing to whom the appointment is to be given or sent to the appointed.

3. Those who, by virtue of any employment, position or profession, of those referred to in Article 65 are appointed as judicial secretaries, shall, within eight days, decide for one or the other, or to cease in the exercise of the incompatible activity.

Art. 22. Oath or promise and inauguration.

1. The status of the judicial secretary will be acquired from the inauguration in the first destination, prior oath or promise provided with the following formula: " I swear (or promise) to keep, and to keep faithfully and at all times the Constitution and the rest of the legal order, loyalty to the Crown and fulfill the duties of my office of the judicial secretary in front of all ".

2. The oath or promise shall be given to the President of the Court, the Hearing Officer, or to the Judge where the official is assigned, as appropriate (Article 459.2 LOPJ). The subsequent possession shall be made before the same authorities.

3. 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 for constancy in the personal file of the person concerned.

4. 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.

5. 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, at the request of the person concerned. 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 vacant vacancies in the last contest, if they exist, and in another case it shall be enforced.

Art. 23. Time limit.

1. The period for taking office of the judicial secretary is 20 calendar days from the date of the date of publication of the respective appointments in the "Official Gazette of the State". In any event, the said possession shall take place within three days of the date of the taking of the oath or promise.

2. In justified cases, the Ministry of Justice may, on its own initiative or at the request of the parties concerned, reduce or extend such time limits to the extent necessary.

Art. 24. Loss of status as a judicial secretary.

1. The status of Judicial Secrecity is lost under one of the following causes:

a) Death.

b) Renunciation. It shall be construed as such that those who fail to comply with the provisions of Article 22 (4) shall be understood.

c) Loss of Spanish nationality,

d) The principal or accessory of absolute or special disablement for the performance of public office. The courts which will deliver these judgments will send testimonies of them to the Ministry of Justice once they have gained firmness.

e) Disciplinary Separation of Service.

f) Incapacity over-coming for felony conviction, while rehabilitation has not been obtained.

2. The functionarial relationship is also extinguished by virtue of retirement.

Art. 25. Waiver.

The waiver of the status of judicial Secrecity must be formulated by the person concerned in writing, and shall not take effect until its acceptance is communicated by the Ministry of Justice.

Art. 26. Recovery of Spanish nationality.

The recovery of Spanish nationality will lead to rehabilitation in the condition of the judicial secretary.

Art. 27. Rehabilitation.

Those who have lost the status of a judicial branch for any of the reasons set out in Article 24 (1) (b), (c), (e) and (f) may apply for rehabilitation through the procedure provided for in Article 24 (1). in Article 91 of this Regulation.

Art. 28. Retirement.

1. Judicial Secretaries shall be retired with a compulsory nature:

a) By age.

b) For permanent incapacity for the exercise of their functions.

2. They may also be retired on a voluntary basis upon request and the conditions required in general in the legislation applicable to civil servants of the State Civil Administration.

3. Retirement by age shall be agreed by the Ministry of Justice in good time to ensure that the cessation of the charge is actually carried out when the person concerned is 60 and five years old, without prejudice to the transitional arrangements laid down in the the twenty-eighth transitional provision of the Organic Law of the Judiciary.

4. Where, in a judicial registrar, permanent incapacity for the performance of the position is assessed, the court of jurisdiction to which it is dependent shall bring it to the attention of the Ministry of Justice, in order to promote the instruction of the appropriate file for your retirement for the indicated cause, which will be carried out in the form provided for in the Passive Classes legislation.

5. The permanent incapacity file may also be initiated by the Ministry of Justice, on its own initiative.

CHAPTER IV

Templates and Scalafon

Art. 29. Template.

1. The organic staff of the Body of Judicial Secretaries, which may not exceed the number to establish the budgeted templates, shall be approved by the Order of the Minister of Justice, and shall be reviewed periodically with the report of the General Council of the Judicial power, and prior authorization from the Ministry of Economy and Finance when it involves modification of the expenditure.

2. The Ministry of Justice, through the Directorate-General for Relations with the Administration of Justice, may request from the President or Judge Dean how much data it deems necessary for the establishment of the template.

Art. 30. Escalafon.

1. The Ministry of Justice shall publish the scale of the Body of Judicial Secretaries, which shall be updated at least every two years.

This publication will be carried out in the "Official State Gazette", or in the Department of Information of the Department, in the second case, in the second case, official character to the same by the appropriate Order, which will be inserted in the "Official State Gazette". In both cases, the interested parties will be given a period of 30 days so that they can request the corrections they consider relevant, which will be resolved by the Ministry.

3. The scale will be made according to the following rules:

(a) The judicial secretariats of each category, active, or other situation, which implicitly carries the payment of services, and those who are surplus voluntary, definitive, or any other, shall be linked separately. another administrative situation.

b) The scalafonal position will be determined by the age of services in the category, according to the order of the respective appointments.

(c) The following information must be included: Number of orders, last name and name of each official, number of national identity card, date of birth, date of first appointment in the Body, total sum of services on the, date of the first appointment in the category and time of services provided in it, as well as any other determining circumstances of the preferences for the purposes of promotion or destination.

Art. 31. Targets.

1. The judicial secretaries shall be assigned to the Secretaries of the Courts and Tribunals, from which they shall be the holders.

2. The Order of Template may date with specific Secretary's places to the common services which may be established in the judicial organs of a population.

CHAPTER V

Provision of vacancies

Art. 32. Communication of vacancies.

Any vacancy that occurs shall be communicated to the Ministry of Justice and the President of the High Court of Justice by the President of the Court or the respective Judge within 24 hours of the produced, expressing the cause to which you have obeyed.

Art. 33. Provision of vacancies.

1. The Registrar and the Deputy Secretary of Government of the Supreme Court shall be appointed, among the Secretaries of the first category who so request, by the Ministry of Justice, on a proposal from the Government Chamber of the Supreme Court, between the Applicants who have more than 15 years of effective service (Article 479.1 of the LOPJ).

2. The Secretary and the Deputy Secretary of Government of the Supreme Court will cease five years after his appointment. If they are not appointed again, they shall be provisionally attached to the Government Secretariat and shall participate in the first contest of first-rate secretaries. If they do not obtain a place, they shall be bound to one of the Supreme Court with preference to the other applicants.

3. The remaining vacancies of the Body shall be announced for the transfer between Secretaries of the appropriate category (Article 479.2 of the LOPJ).

4. Those who wish to take part in the competitions will make their request directly to the Ministry of Justice, expressing in them the places to which they aspire, numbered correlatively by the order of preference they establish, as well as the date of possession of the last destination.

5. Applications must be entered in the General Register of the Ministry or of the bodies that are determined in the Law of Administrative Procedure, within the period of ten calendar days, counted from the following to the publication of the notice in the "Official Gazette of the State". Those destined for the Canary Islands, the Balearic Islands, Ceuta and Melilla will be able to submit their requests by telegraph, without prejudice to the submission of the instances by post within the deadline.

6. The appointment will be placed on the applicant with the best escalatory post. The place or squares that will be deserted will be provided to those who are promoted to the corresponding category or enter the Body, according to the criteria of seniority (article 479.2 of the LOPJ).

7. By way of derogation from the foregoing paragraphs and in accordance with Article 471 of the LOPJ, in competitions for the provision of vacancies of those Autonomous Communities having their own official language, oral and written knowledge of That, duly accredited by means of official certification, shall constitute an acknowledgement of six years of seniority in addition to the effects of the official.

Art. 34. Requirements for taking part in the contests.

1. They may not take part in the competitions:

a) The elected judicial secretaries.

(b) Those who have obtained their application for a contest, before two years after the date on which they took office.

(c) Sanctioned with forced removal, up to two years; or five years, to obtain a destination in the same locality where the penalty was imposed.

d) The subsuses.

2. The limitations laid down in points (a) and (b) of the previous paragraph shall not apply in the case of newly created courts which do not merely increase the number of those already existing in the same population.

Art. 35. Resolution of the transfer competitions.

1. The decision of the transfer competitions shall be published in the 'Official Gazette of the Estada' and those who obtain the new destination shall cease on the same day or the following day and take possession of the same within the period of twenty calendar days to be counted. from the following to that publication, unless a different time limit for the cessation or possession was established.

2. However, where the transfer takes place within the same population, the holding shall be taken within eight days, with the reservation of the previous paragraph.

Art. 36. Permutas.

In no case will the permuts be authorized.

Art. 37. Promotion.

1. The promotion to the first category will be done by contest between Secretaries of the second, which will be resolved in favor of the contestant who has the best position in the ladder.

2. Of each of the three vacancies in the second category, two shall be provided with the Secretaries of the third category which shall occupy the first place on the scale and one by means of selective tests between Secretaries of the third category which have been serving three years of service. The places of this shift that will be deserted, will increase to the age shift (article 480 of the LOPD.

Art. 38. Secretaries under temporary provision.

1. The Secretaries to be served by members of the Body of Judicial Secretaries of the last category may be covered by temporary provision, which shall be deserted in the transfer competitions and may not be provided until they have been enter new evidence of entry into that Body, where it cannot be adequately addressed by the ordinary replacement mechanism or is insufficient to ensure its regular operation (Article 482.1 of the LOPD.

2. The temporary provision shall be made subject to the following rules:

(a) The proposal for such a provision and the appointments shall correspond to the Chambers of Government of the Supreme Courts of Justice, and the decision, as well as the confirmation of the appointments or their revocation, to the Ministry of Justice, with optional hearing of the Council of the Secretariat.

(b) Where this provision is authorized, the Board of Governors of the High Court of Justice shall announce a contest for all vacancies to be filled in this way within the corresponding Autonomous Community, in which they may take part those Licensed in Law that, not belonging to the Body of Judicial Secretaries, request it and meet the requirements for income in the Body and will have preference:

1. Those with the title of Doctor of Law.

2. Those who have served as substitute secretary or temporary provision.

3. Those who have approved oppositions to other legal bodies of the State in which they are required for their entry into law.

4. Those who demonstrate university teaching of legal discipline.

5. Those with the best academic record.

(c) The appointments made shall be made to the Ministry of Justice, which shall leave them without effect if they do not comply with the Law.

Art. 39. Status of the Secretaries appointed on a temporary basis.

The Secretaries appointed on a temporary basis will be subject to the status of the members of the Body of Judicial Secretaries for as long as they will be entitled to receive the remuneration that They are referred to in the budget forecasts and the general system of social security.

Art. 40. Termination of the appointed Secretaries on a temporary basis.

1. The appointments of the Secretaries made under temporary provision shall be made for one year, which may be extended by another year in accordance with the same procedure, except as provided for in paragraph e) of this Article.

2. The cessation will occur:

a) For the duration of the period for which they were appointed.

(b) By agreement of the Board of Government, with the guarantees provided for in the preceding paragraph of this paragraph.

(c) By decision of that Chamber, where they incur any cause of incapacity, incompatibility or prohibition, on summary information with the interested party and the Prosecutor's Office.

d) By agreement of that, when they cease to diligently attend to the duties of their office, with the guarantees of the previous letter.

(e) Where an incumbent judicial secretary is appointed for the place served in that temporary provision regime.

3. The ceases shall be communicated to the Ministry of Justice.

Art. 41. Secretaries of the Peace Courts.

1. The vacancies of the Secretaries of the Peace Courts will be announced at the competition between officials of the Body of Officers, covering according to the following order of preference:

(a) Officers who were in possession of the degree of Law Degree

b) Official holders of a Peace Court Secretariat.

c) Official Others.

2. The preference within these groups will be produced by the best ranking post (article 481 of the LOPJ).

3. Where appropriate, the temporary provision scheme prevented in previous articles may be applied, requiring applicants to qualify for entry into the Officers ' Body.

CHAPTER VI

Rights of the Judicial Secretaries

Art. 42. Plaza and Social Security.

1. The judicial secretaries who integrate the staff of the Corps shall have the right to place in the body and shall enjoy the other rights recognized by the legal system.

2. They shall also be guaranteed a social security scheme.

Art. 43. Right to unionize and strike.

1. Judicial Secretaries shall be entitled to be indicated in accordance with the provisions of the general government legislation for civil servants.

2. The exercise of the right to strike will also be in line with the general law of the State for civil servants, although it will, in any case, be subject to the necessary guarantees to ensure the maintenance of the services. The essential part of the Administration of Justice.

Art. 44. Holidays.

1. Judicial Secretaries shall have the right to enjoy, during each full year of active duty, a vacation of one month or of the days corresponding to them if the time of service is less. Those destined for the Cananas Islands may accumulate in one period the holidays corresponding to two years.

2. This vacation will be granted in the period from July to September, and preferably in the month of August. The grant shall be made by the President of the Supreme Court, the National Court or the High Court of Justice, communicating the same to the Ministry of Justice, without prejudice to the provisions of Article 58.

3. The determination of the holiday enjoyment period shall be made taking into account the needs of the service.

Art. 45. Permission for particular cases.

1. In the course of the year, the judicial secretaries will also have the right to enjoy up to nine days of leave for private affairs. Such days may not in any case accrue to paid annual leave.

2. They may distribute them at their convenience with the agreement of the President of the Supreme Court, the National Court or the High Court of Justice, to whom it shall be communicated by the Judge or the President of the respective Chamber, which shall forward it with your report if you consider it necessary. The authority which provides its conformity shall do so in accordance with the needs of the service and shall provide the Directorate-General for Relations with the Administration of Justice.

3. Where, by reason of the service, no such permission is given before the end of December, it may be enjoyed during the month of January of the following year.

Art. 46. License for marriage reason.

The judicial secretaries shall be entitled to a fifteen-day licence for a marriage which shall be granted by the authority referred to in Article 45.

Art. 47. License for own affairs.

1. A licence may be granted for own matters without any remuneration, the cumulative duration of which may in no case exceed three months every two years.

2. The application for a licence for own affairs shall be submitted to the Directorate-General for Relations with the Administration of Justice, through a report by the President of the Supreme Court, the National Court or the High Court of Justice, depending on the case, in which it is stated whether during the absence of the official the service is duly served.

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

Art. 48. Other permissions.

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 relative up to the second degree of consanguinity or affinity: Two days when the event occurs in the same locality, and four days when in different location.

b) By transfer of domicile 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 fitness and evaluation at 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 period of time may be divided into two half-hour fractions at the entry or exit, provided that his or her spouse does not in turn, enjoy this permission.

f) Who, for reasons of legal guardian, has a direct care of a minor of six years, or a mental or physical diminished who does not carry out paid activity, shall be entitled to a reduction in the working day in a third or in a medium, with the proportional reduction of their remuneration.

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

2. The permits referred to in points (a), (b), (d) and (g) shall be granted by the President of the Supreme Court, the National Court or the High Court of Justice, who shall be requested by the President of the Chamber or Judge The Commission shall submit the request with its report if it considers it necessary. The concession shall be communicated to the Directorate-General for Relations with the Administration of Justice. Those referred to in points (c) and (f) shall be awarded by the Directorate-General for Relations with the Administration of Justice, after prior reporting by the authorities.

Art. 49. Pregnancy and adoption leave.

1. Every judicial secretariat, in the case of pregnancy, shall be entitled to a period of leave of six weeks before the birth, and eight weeks after the birth.

2. The period of post-partum leave may be added, at the request of the person concerned, the time not enjoyed before the birth, without in any case exceeding the sum of the two hundred days.

3. The grant of this license must be requested by the official to the President of the Supreme Court, the National Court or the Superior Court of Justice, depending on the cases, accompanying the corresponding medical certificate the official, in the opinion of the optional, who is in the period of six weeks before the delivery and who in that instance if he wishes to accumulate after the birth the time not enjoyed before the birth. The permit granted shall be communicated to the Directorate-General for Relations with the Administration of Justice.

4. Subsequently, the date on which the delivery took place must be accredited, also by official medical certificate or presentation of the Family Book.

5. In the event of the adoption of a child requiring nursing care or adaptation to the family home, every judicial secretary, duly crediting these ends, shall be entitled to the appropriate period of leave.

6. During the period of time of the licence, the official shall be reserved for the use of the assigned destination, without prejudice to the fact that the provisional performance of the licence may be ordered by another person in accordance with the provisions of the This Regulation.

Art. 50. Effects and procedure.

The holidays, permits and licenses referred to in the preceding articles, except as provided for in Article 47, shall not affect the economic rights of the officials, and shall always be requested through the President's Member of the Court or holder of the Court in which they provide their services, who shall, in any event, ensure that the service is duly served.

Art. 51. Sick leave.

1. Judicial Secretaries who cannot attend their destination because they are ill will be discharged from the service, participating in the first day, except for the cause of force majeure, to the respective Judge or President, who will bring him to the attention of the Ministry of Justice, through, where appropriate, the President of the High Court of Justice.

2. The said discharge may not last more than five days. If the patient persists, the patient must apply for the appropriate license.

3. Sick leave does not in any way entitle you to leave the residence without the appropriate permission, except in cases of serious illness or surgical intervention.

Art. 52. License for disease reason.

1. The sickness allowance shall be granted by the Ministry of Justice through the Directorate-General for Relations with the Administration of Justice, and may be up to six months, for each calendar year, with full economic rights, and (a) carry-over for monthly periods, on the basis of 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 for any period of grace shall be accompanied by an optional certification, issued by a collegiate doctor, certifying that the performance of the charge is not possible, the approximate time for which the licence and the non-provenance of the pension are required for physical incapacity, 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 sent by the Judge or President of the Chamber concerned, without the requirement of no course of action. Applications shall be raised to the Ministry of Justice, through the President of the Supreme Court, the National Court or the corresponding High Court of Justice.

4. A judicial clerk who falls ill for use of vacation, leave or license, outside the locality of his or her destination, shall submit petitions through the superior judicial authority of the place where they are located.

5. The Ministry of Justice may, if it considers it appropriate, collect information to justify the origin of the request made.

6. Sickness licences shall start from the date on which the official is notified of the grant, except where the latter has been discharged from the service, in which case the date of commencement of the licence shall be taken back to the official sixth day of that situation.

Art. 53. License for studies.

1. Licences may be granted by the Ministry of Justice to carry out professional studies on matters relating to the Administration of Justice, subject to a report by the President of the Supreme Court, the National Court or the Court of Justice. Superior to Justice, depending on the cases, which will have 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 work done.

Art. 54. License for admission to the Center for Judicial Studies or other training centers.

1. The judicial secretaries in active service who enter the Center for Judicial Studies will enjoy an extraordinary license that will be granted to them by the Ministry of Justice for the duration of their stay in their quality of students. Center, with full economic rights.

2. They will also be able to enjoy an extraordinary license during the stay in selective courses or traineeships for having passed access tests to other Public Administration Bodies.

Art. 55. Initiation and expiration.

The licenses and permits will begin to be enjoyed within six days of the notification of their grant, considering them expired if the time limit is allowed to elapse without making use of them.

Art. 56. Communication to the Ministry and the President.

Of any vacation or permit, 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 President of the Supreme Court, will be given the National hearing or the High Court of Justice, in their respective cases.

Art. 57. Termination by shipment.

Holidays, permits and licenses, except those for sickness and pregnancy, and permits for justified reasons, will end when the official who is in the enjoyment of a cough is transferred.

Art. 58. Refusal, suspension and revocation.

1. All permits and licences may be refused by the authority to which they are granted, if the data which have been obtained shall not be sufficiently justified to require their use.

2. The enjoyment of the annual vacation in the period from July to September may be refused, with the person concerned, when for the cases pending at the Court or Court in which the Registrar is held intended, or for other exceptional circumstances duly substantiated in the plea agreement. The regular operation of the service may be impaired.

3. Where duly substantiated exceptional circumstances impose it, the enjoyment of the licences or permits may be suspended or revoked, and the judicial secretaries who have initiated the immediate incorporation into their destinations may be ordered to except for licences granted on board or sickness.

Art. 59. Substitutions.

1. The Secretaries shall be replaced by the following rules:

(a) The Secretary of Government of the Supreme Court, by the Deputy Secretary and, failing that, by the Secretary of the oldest Chamber.

(b) The Secretaries of Government of the other Courts, in turn between the Secretaries of the Chamber.

(c) The Secretaries of the Chamber and those of the Provincial Hearings for the others of the Chamber or Hearing and, failing that, for those of the other Chambers, or for an Officer, with preference for the Licensas in Law.

(d) The Secretaries of the Courts shall be replaced with each other within the same judicial order, and where the needs of the service are not possible or shall be deemed to be necessary, it shall replace the Secretary an Officer, with the preference of the one who is entitled to the law.

e) The appointment of a substitute officer of the Registrar, where there is more than one in the Secretariat, shall be the responsibility of the Judge or President, on a proposal, if any, of the President of the Office (Article 483 LOPJ).

2. The Ministry of Justice, acting on a proposal from the Presidents of the Supreme Court, the National Court, the High Courts of Justice, the Provincial Hearings and the Dean's Judges, may approve criteria or shifts of substitution of the Secretaries to each other within the respective courts or populations.

3. The replacement of the judicial secretariats by officers of the Administration of Justice will be in accordance with the provisions of 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.

Art. 60. Replacement by vacancy or absence.

The judicial secretaries shall be replaced by another Secretary or Officer, if any, in the manner provided for in the previous article, in the cases of leave, leave, vacancy, illness, suspension, recusal, absence Legally authorized or other legal cause.

CHAPTER VII

Duties of the Judicial Secretaries

Art. 61. Provision of the residence function, challenge and impartiality.

1. Judicial Secretaries shall have the primary duty to perform faithfully the position they serve, promptly and effectively in the performance of their duties, in accordance with the rules of their professional discipline and subject to the provisions of the Laws.

2. Judicial Secretaries shall in particular fulfil the following duties:

(a) Reside in the population where it radiuses the judicial organ in which they are destined or in its metropolitan area, without being able to be absent more than under the requirement of the Judicial Authority, Order of the Ministry of Justice, practice of proceedings, leave, license, vacation or other legal reason.

b) Provide daily professional assistance to the bodies in which they are intended.

c) Save secret to the actions of your office.

d) Be impartial in the exercise of their functions.

Art. 62. Exceptions to the duty of residence.

1. The Chambers of Government may authorise, for justified reasons, residence in a different place, provided that it is compatible with the exact fulfilment of the duties of the office.

2. For the purposes of this Article, any movement outside his residence shall not be considered to be absent from the judicial secretariats who are not alone or are not on duty since the end of the working day of Saturday or the day before. party, until the beginning of the corresponding Monday or first business day.

Art. 63. Abstentions and recusal.

The requirements of Chapter V of Title II of book III of the Organic Law of the Judicial Branch shall apply to the recusal of the Secretaries. The recusal shall be instructed if the person is a Registrar of the Court, Court or Hearing, by the Judge himself or by the Judge-Rapporteur and shall be ruled by the Judge or by the Chamber or Section known to the proceedings (Article 461 of the Treaty). LOPJ).

Art. 64. Schedule.

1. The working hours of the Courts and Courts, their Secretariats and judicial offices shall be established by the General Council of the Judicial Branch, without it being lower than that established for the Public Administration.

2. Judicial Secretaries shall exercise their respective activities in terms that require the needs of the service, without prejudice to the time established (Article 189 of the LOPJ).

Art. 65. Incompatibilities.

1. The position of the judicial secretary is incompatible:

(a) With the exercise of any jurisdiction other than his or her office.

b) With any office of popular choice or political designation of the State, Autonomous Communities, Provinces and other local Entities and Bodies dependent on any of them.

c) With the jobs or positions provided or paid by the Royal Household, the General Courts, the State Administration, Autonomous Communities, Provinces, Municipalities and any Entities, Organizations or Companies that are dependent on each other. and others.

d) With the jobs of all classes in the Courts and Courts of any jurisdictional Order.

(e) With any employment, post or profession, other than teaching or legal research, as well as literary, artistic, scientific and technical production and creation, and publications derived from it, in accordance with the the legislation on incompatibilities of staff to the service of public administrations.

f) With the exercise of the Attorney General and the Attorney General's Office.

g) With all kinds of legal advice, whether or not paid.

h) With the exercise of any mercantile activity, by itself or by another,

i) With the functions of Managing Director, Administrator, Counsellor, Collective Partner or any other that involves direct, administrative or economic intervention in Companies or Commercial Companies, Public or Private, of any gender (Article 474, in relation to the 389 of the LOPJ).

2. Those who, exercising any employment, position or profession as referred to in the preceding paragraphs, shall be appointed as judicial secretaries, shall, within eight days, decide for one or the other post or to cease in the course of the activity. incompatible. Those who do not make use of that option in the appropriate time limit shall be deemed to give up the appointment of Registrar (Article 474, in relation to the 390 of the LOPJ).

3. Judicial Secretaries shall not be able to perform their duties in the Courts and Courts in which they are intended to be the Presidents, Magistrates and Judges of those who are directly or directly dependent on those who are directly dependent on those who are joined by marriage or status in fact equivalent or with those who have a kinship within the second degree of consanguinity or affinity (article 392, 5.or of the LOPJ).

4. This provision shall also apply to the Secretaries of the Criminal Chamber of the National Court and the Provincial Hearings in respect of the members of the Prosecutor's Office assigned to the Fiscalas in respect of those Courts. Except for the destinations of the Secretaries of Provincial Hearings in which there are five or more Sections (Article 474, in relation to the 391.3 of the LOPJ).

5. The judicial secretaries may not be responsible for the following:

(a) In the Chambers of the Courts and Courts where they habitually exercise, as an Attorney or Procurator, their spouse or a relative within the second degree of consanguinity or affinity. This incompatibility shall not apply in populations where there are ten to more Courts of First Instance and Instruction or Chambers with three or more Sections.

b) In a Provincial or Court Hearing that includes within its territorial constituency a population in which, by possessing the same, their spouse or second-degree relatives of consanguinity economic interests, have take root that may hinder the impartial exercise of the function. The exception of populations exceeding 100,000 inhabitants in which the seat of the court is situated.

c) In a Hearing or Court in which the Attorney or the Attorney's office have been exercised in the two years prior to his appointment (Article 474, in relation to the 393 of the LOPJ).

Art. 66. Forced destination.

1. Where an appointment of a place of incompatibility as provided for in the previous Article is incompatible, it shall have no effect and shall be made compulsory to the Registrar, without prejudice to the disciplinary responsibility in which the could have been incurred.

2. Where the situation of incompatibility appears under the circumstances of the case, the Ministry of Justice shall proceed to the forced removal of the Registrar in the case of point (a) of paragraph 5 of the preceding Article or of the last appointed in the other cases of paragraphs (3) and (4) of the same Article. In his case, he may propose to the Government or the General Council of the Judiciary, respectively, the transfer of the member of the Fiscal Ministry or the incompatible Judicial Portfolio, if he is a minor in office. The forced destination will be in charge that does not imply change of residence if it exists vacant and in such case it will not be announced to contest of provision (article 474, in relation to the 394 of the LOPJ).

Art. 67. Competence for recognition and denial of compatibility.

Competition for the authorization, recognition or refusal of compatibility under the provisions of the articles obtained and in article 455 of the Law of the Judicial Branch, corresponds to the Minister of Justice.

CHAPTER VIII

Administrative situations

Art. 68. Situations.

The judicial secretaries can be found in one of the following situations (article 474, in relation to the 348 of the LOPJ):

a) Active service.

b) Special services.

c) Voluntary or forced exceding.

d) Suspension.

Art. 69. Active service.

1. The judicial secretaries are in active service when they occupy a place corresponding to the Body of Judicial Secretaries, they are pending the inauguration in another destination or they have been conferred commission of service with temporary character (Article 474 in relation to the 349 of the LOPJ).

2. The time-frames in the target changes and the enjoyment of licenses or regulatory permissions will not alter the active service situation.

3. Judicial Secretaries in active duty have all the rights, prerogatives, duties and responsibilities inherent in their condition.

Art. 70. Service Commissions.

1. Commissions of service may be conferred on judicial secretaries to participate in missions of international legal cooperation or to provide services in the Ministry of Justice, the General Council of the Judiciary or another Court of Justice or Court.

2. The service commissions shall have a maximum duration of six months and shall not be extendable, with the requirement for their granting, in addition to the prior agreement of the person concerned, the prevailing interest of the duly motivated service and the the hierarchical superiors of the places affected by the commission (Article 474, in relation to the 350 of the LOPJ).

3. The service commission may be granted to provide services in a Secretariat already covered by its holder to attend, on the basis of an attachment, temporary and exceptional situations of cumulation or backlog of cases.

4. The service commission shall conclude when the change of destination of the official occurs, unless it is confirmed in that committee.

Art. 71. Special services.

The judicial secretaries will move on to the situation of special services (article 474, in relation to the 351 of the LOPJ):

(a) Where they are authorised to carry out a mission for more than six months in International Bodies, Governments or Foreign Public Entities or in international cooperation programmes.

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

(c) When attached to the service of the Constitutional Court or the Ombudsman.

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

Art. 72. Special services (continued).

Special services shall be considered as a special service to the Registrar in which one of the following conditions is met (Article 474, in relation to the 352 of the LOPJ).

(a) When appointed as a member of the Government or the Governing Councils of the Autonomous Communities.

b) When appointed to the position of Chief Justice or State Attorney General.

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

d) When accessing the status of Deputy or Senator of the General Courts or member of the Legislative Assemblies of the Autonomous Communities.

e) When serving, by virtue of appointment by Royal Decree, in the Presidency of the Government or in the Ministry of Justice.

Art. 73. Effects of the special services situation.

1. The judicial secretaries in special services shall be counted on the time they remain in such a situation for the purposes of promotions, seniority and passive rights, and shall be entitled to the reservation of place and destination that they occupy. In all cases, they shall receive the remuneration of the post or effective charge they perform and not those which correspond to them as officials, without prejudice to the right to the perception of seniority which they may have recognised as civil servants.

2. The deputies, senators and members of the Legislative Assemblies of the Autonomous Communities who lose that condition by dissolution of the corresponding Chamber or termination of the mandate of the same, will be able to remain in the situation of special services until their new constitution (Article 474, in relation to the 353 of the LOPJ).

Art. 74. Communication and request for declaration of special services.

1. Judicial Secretaries who are appointed for political or trust office, of a non-permanent nature, shall communicate to the Ministry of Justice the acceptance or resignation of the office for which they have been appointed within eight days. following the publication of the appointment in the "Official State Gazette" or the Autonomous Community.

2. The acceptance or taking of possession of the position shall automatically determine the transfer to the special services situation of the person appointed with the application of the scheme prescribed in the preceding Article (Article 474, in respect of the 354 of the LOPJ).

3. In other cases, the declaration of the situation of special services shall be requested from the Ministry of Justice, within the same term, accompanying the document supporting the appointment or the incorporation into rows.

4. If the entry into the Body of Judicial Secretaries occurred during the performance of the military service or the equivalent replacement provision, they shall be deemed to be possesionates of his office by the display of the document justifying that circumstance. The application of the arrangements laid down for the situation of special services shall be entered in the own-possession diligence, which shall be extended to this effect.

Art. 75. Forced leave.

1. Forced leave will be caused by the removal of the seat from which the Secretary of the Court holds the right to the active service.

2. The forced surpluses shall enjoy the full economic rights and shall be entitled to the payment, for all purposes, of the time spent in that situation (Article 474, in relation to the 356 of the LOPJ).

3. The Minister of Justice may provide, where the needs of the service so require, the compulsory incorporation of such officials into posts of his Body to be carried out within the municipality, province or in its defect Autonomous Community of the official's vicinity.

Art. 76. Voluntary leave.

1. The members of the Body of Judicial Secretaries shall be declared on a voluntary basis when they are in active service in another Body or Scale of any of the Public Administrations or the Career Judicial or Public Prosecutor, or transfer to services in Public Sector Entities or Entities, and do not correspond to them in another situation.

2. (a) The judicial secretaries shall be entitled to a period of voluntary leave of absence, not exceeding three years, to take care of the care of each child, from the date of birth or adoption 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 father and the mother work, only one of them will be able to exercise this right. Their concession shall be conditional upon the prior declaration of no other activity which may impede or impair the personal care of the child.

b) As long as they remain in this situation, they will be able to request re-entry into the active service at any time.

3. A voluntary leave of absence may also be granted to judicial secretaries upon request of a particular interest. In this case, the voluntary leave may not be declared until three years of effective service have been completed since the Body has been accessed or since the re-entry, and it shall not be more than ten years on or less than two years. (Article 474, in relation to the 357 of the LOPJ).

Art. 77. Refusal of the status of voluntary leave.

The situation of voluntary leave of interest may not be granted to the Registrar who is being instructed to disciplinary proceedings or who has not complied with the sanction previously granted to him. imposed, provided that any type of irregularity is assessed which makes it possible to deduct the existence of fraud or abuse in the application for the situation of leave.

Art. 78. Effects of the situation of voluntary leave.

the judicial secretaries in a situation of voluntary leave shall not pay remuneration, nor shall the time spent in such a situation be computable for the purposes of promotion, seniority and passive rights (Article 474). relationship to the 358 of the LOPJ).

Art. 79. Form.

Applications for voluntary leave will be raised to the Ministry of Justice through the President of the Supreme Court, National Court or the Superior Court of Justice. It must be stated whether the person concerned is subject to a disciplinary case or is pending the completion of a penalty and, in the cases of Article 76 (1) and (2), the document certifying the some of the circumstances that motivate the request.

Art. 80. Suspension.

1. The suspension of the judicial secretaries will only take place in the following cases (article 474, in relation to the 383 of the LOPJ).

(a) When for any offence or offence committed in the exercise of his or her duties, he or she has been sentenced to imprisonment, bail or prosecution or charge, or any precautionary measure.

(b) Where it is delayed in disciplinary or incapacity proceedings, already on a provisional basis, already final.

(c) By final judgment in order to be imposed as the principal or ancillary penalty for the suspension, where the separation does not proceed.

2. The suspension may be provisional or final (Article 474, in relation to the 359 of the LOPJ).

3. The suspended judicial secretary shall be temporarily deprived of the exercise of his duties.

Art. 81. Provisional suspension declaration.

1. The provisional suspension referred to in point (a) of paragraph 3 of the previous Article shall be agreed by the Ministry of Justice when the circumstances referred to therein are given.

2. The provisional suspension referred to in point (b) of paragraph 3. the same Article may be preemptively agreed by the Ministry of Justice during the processing of the disciplinary file in the manner provided for in Article 102 of this Regulation.

3. Where the suspension is not definitively declared and the separation is not agreed, the duration of the suspension shall be computed as an active service and the immediate reinstatement of the suspense shall be agreed upon its time, with the recognition of all the economic and other rights that have taken place since the date on which the suspension took effect.

Art. 82. Rights of suspense.

The provisional suspense will have the right to receive in this situation 75 per 100 of the basic remuneration and the totality of the remuneration for family reason. They will not be credited, however, in any case of failure to appear or rebellion (article 474, in relation to the 360 of the LOPJ).

Art. 83. Duration of the provisional suspension.

1. The time of provisional suspension of disciplinary proceedings shall not exceed six months, except where the person concerned has been brought to a standstill. This shall also determine the loss of any remuneration until the file is settled (Article 474 in relation to the 361 of the LOPJ).

2. For the purposes set out in the preceding paragraphs of this Article, the competent authorities shall forward to the Ministry of Justice the testimony of the decisions taken.

Art. 84. Definitive suspension.

1. The suspension shall be final, where it is imposed by virtue of conviction or disciplinary sanction. The provisional suspension time shall be paid.

2. The final suspension, imposed as a sentence or a disciplinary sanction of more than six months, shall entail the loss of the destination, and the vacancy shall be covered in ordinary form.

3. In any event, the final suspension will entail the deprivation of all the rights inherent in the condition of the judicial secretary until, where appropriate, the suspended service is suspended (Article 474, in relation to the 363 of the LOPJ).

Art. 85. Reinstatement from the situation of special services.

Those who are in a situation of special services will have to enter their place, or to whom during this situation they would have obtained, within the period of twenty days, to count from the following to the end of the term in office or from the date of license. If they do not do so, they will automatically switch to the situation of voluntary leave of interest (Article 474, in relation to the 355 of the LOPJ).

Art. 86. Reentry to the active service of forced surpluses.

The return to the active service of the forced surpluses will be made in order of greater length of stay in this situation, without the need of request of the interested party and on the occasion of the first vacancy for which the legal conditions (Article 474, in relation to the 364 of the LOPJ).

Art. 87. Reentry to the active service of the definitive sussones.

1. The submittens must definitely apply for re-entry to the active service within 10 days of the end of the suspension period. The period of this period without the person concerned applying for re-entry shall give rise to the declaration of voluntary leave of absence in the interests of the person concerned, with effect from the date of the end of the period of suspension (Article 474). 366.1, from the LOPJ).

2. The request for re-entry shall be accompanied by a judicial or administrative decision declaring compliance with the sanction imposed or its extinction for other reasons. It will also be provided with a certification of criminal records and a declaration not to be found in any cause of any survening that prevents access to the Body of Judicial Secretaries or any of the incompatibilities and prohibitions provided for in the the Organic Law of the Judiciary and this Regulation.

3. The re-entry will be granted by the Ministry of Justice, after the Secretariat's Council report. In the event of doubts about the concurrence of any of the requirements referred to in the preceding paragraph, the person concerned shall be required to provide the relevant justification.

Art. 88. Reentry to the active service of the surplus volunteers.

1. The voluntary surplus referred to in Article 76.1, by ceasing the activity in the Body or Scale in which they would have been providing their services, may request their re-entry into that of the judicial secretaries within the period of ten days, counted from the following to that end. They shall accompany the certification body of the Head of Personnel of the Body of provenance, accrediting of the services provided in that Body, and of not being subjected to a file that carries separation from the Body of provenance or subject to disciplinary suspension in the.

2. After the period specified without the person concerned being required, in the manner indicated, to return to the active duty in the Body of Judicial Secretaries, he shall be declared on a voluntary basis of interest.

3. The voluntary surplus of Article 76 (2) and (3), which requests the return to the active service, shall accompany its certified criminal record and declaration of whether or not they are processed or subject to prosecution. penalty.

4. The re-entry shall be granted by the Ministry of Justice, by means of a declaration of aptitude, issued after the Council of the Secretariat has been informed. If there are doubts about the concurrence of any of the requirements for entry or stay in the Body of Judicial Secretaries, the person concerned shall be required to provide the relevant justification.

Art. 89. Form of re-entry.

1. Those who have to re-enter the active service must participate in all competitions to be announced for the provision of seats in their category, until they obtain a property. If they do not do so, the declaration of aptitude shall be void and, if not already in place, they shall be declared on a voluntary basis of interest.

2. The forced surpluses will be preferred, for once, to fill the vacancy in the population where they served when the cessation of the active service occurred (Article 474, in relation to the 368 LOPJ).

3. Where the voluntary surplus to which a vacant budget vacancy has been reserved for entry into the active service does not participate in any of the said contests, the vacancy shall be covered in the regulatory form, without prejudice to the surplus can again make its right to re-enter, in the form and with the conditions expressed.

Art. 90. Priority for reentry into the active service.

1. The concurrence of petitions for the award of vacancies, whatever the system of their provision, between those who must re-enter the active service, shall be settled by the following order of precedence (Article 474, in relation to the 369 LOPJ).

1. Forced Surplus.

2. º Susdeg.

3. Reenabled.

4. Volunteer Surplus.

2. The preference within each of the groups of subsents, surplus volunteers and rehabilitated shall be determined by the age of the date of entry in the General Register of the Ministry or Offices referred to in Article 66 of the Law of Administrative procedure of the reentry request.

2. The file shall be initiated at the request of the person concerned, addressed to the Minister of Justice, stating the position which served, the cause and date of the separation, place of residence during the time of the separation, declaration of meeting the requirements required for the entry and stay in the Body of Judicial Secretaries and any other circumstances deemed appropriate.

3. Those who have been separated by commission of a crime must also justify the extinction of the criminal and civil liability, as well as the cancellation of the antecedents in the Central Register of Penados and Rebels.

4. In no case shall 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 on the grounds provided for in Article 22 (5

.

5. The instance, in conjunction with the records of the Ministry, shall be passed to the Council of the Secretariat, in order to issue the appropriate report on the circumstances that may be present in the petitioner and which are related to the service and functioning of the Administration of Justice. The dossier, in conjunction with the report of the Council of the Secretariat, will be forwarded to the General Council of the Judiciary, to issue the timely report on the provenance of the rehabilitation.

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

7. The decision of the file, which shall be the responsibility of the holder of the Department, shall be communicated to the person concerned and, if unfavourable, shall not be opened again until another two years.

8. During the processing of the file, the person concerned may be required to justify any circumstances deemed appropriate.

CHAPTER IX

Disciplinary regime

Art. 92. General principles.

1. The disciplinary responsibility of the judicial secretaries shall be required subject to the provisions of the following articles, in accordance with the provisions of Articles 464 to 466 of the Organic Law of the Judiciary.

2. As not provided for in the Organic Law of the Judiciary or in this Regulation, it shall be subsidiary to the provisions of the general State legislation on the civil service.

3. No disciplinary liability may be opened in respect of acts which are the subject of criminal proceedings, as long as the case has not been terminated by a decision or an absolute judgment, and where appropriate, the case of the case is suspended. administrative in progress, if after initiation, criminal case is initiated for the same fact (article 415.2 LOPJ).

4. In no case shall the same criminal offence be the subject of a subsequent disciplinary action (Article 415.3 LOPJ).

Art. 93. Fault classes.

The faults committed by the judicial secretaries in the exercise of their positions can be mild, serious and very serious.

Art. 94. Very serious fouls.

Very serious faults will be considered:

a) Non-compliance with the rules on incompatibilities.

b) Abandonment or unjustified and repeated delay in the performance of their duties.

(c) The unjustified absence for more than ten days of the place in which they provide their services.

d) The commission of a serious misconduct when it was previously sanctioned by two other graves without the corresponding annotations being cancelled.

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

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

g) Failure to comply with the obligation to organise and attend essential services in the event of a strike.

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

i) The obstruction of the exercise of public freedoms and trade union rights.

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

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

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

ll) The adoption of manifestly illegal agreements.

m) The violation of official secrets.

Art. 95. Serious fouls.

Serious faults will be considered:

(a) The infringement of the prohibitions or duties specifically established in the Organic Law of the Judiciary and in this Regulation.

b) Stop promoting the requirement of disciplinary responsibility to the subordinate auxiliary staff, when they know or should know of the serious non-compliance with the same duties as they do.

c) The violation of the prohibition to disclose the facts or news concerning natural or legal persons, of whom knowledge has been known in the exercise of their functions.

d) The lack of respect for the superiors in their presence, in writing that they are directed or with publicity.

e) The unjustified absence for more than three days of the place in which they provide their services.

(f) The lack of unjustified assistance to judicial proceedings or acts in which he is required to intervene on the grounds of his office.

g) The malicious or negligent delay in the dispatch of the matters entrusted to them when they cannot be qualified as very serious faults.

h) The commission of a minor lack of character having previously been sanctioned by two other mild ones, whose annotations would not have been cancelled.

i) The excess or abuse of authority with respect to members of the Fiscal Ministry, Attorneys, Attorneys, Officers, Auxiliary Officers, Agents at the Service of the Administration of Justice and individuals.

Art. 96. Minor faults.

They will be considered minor faults:

1. The lack of respect for the superiors that does not constitute a serious fault.

2. Disconsideration with peers or lower.

3. The unjustified delay in the dispatch of cases where it is not more serious.

4. The unjustified absence for three days or less.

5. Infringements or negligence in the performance of the duties of his or her own office established in the Law and in this Regulation where they do not constitute a more serious infringement.

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

7. Non-compliance with the working day without justified cause.

Art. 97. Prescription.

1. Minor faults will be prescribed at two months; the severe ones, at six months, and the very serious ones, per year.

2. The deadline shall be computed from the date of its commission.

3. In the cases provided for in Article 92 (3), the time limits for the limitation period shall be calculated from the conclusion of the criminal case.

4. The limitation period shall be interrupted at the time when the disciplinary procedure is initiated or the information provided for in Article 101 (3) is requested, the time limit being returned to the time limit if the file remained paralysed during the period of time. more than six months for reasons not attributable to the official subject to the procedure.

Art. 98. Penalties.

The sanctions that can be imposed on the judicial secretaries for the faults committed in the exercise of their positions are:

a) Warning.

b) Apprehension.

c) Multa up to 50,000 pesetas.

d) Suspension from one month to one year.

e) Forced transfer.

f) Separation.

Art. 99. Penalties and their prescription.

1. Minor faults may only be sanctioned with warning or reprimand; serious, reproof or fine and very serious, with suspension, forced removal or separation.

2. The penalties will be prescribed at four months in the case of minor faults: in cases of serious misconduct and at two years of age, in cases of very serious misconduct.

3. The limitation period shall be calculated from the day following the day on which the decision in which it is imposed becomes final.

Art. 100. Competent bodies.

They will be competent for imposing penalties:

a) The respective Judge or President for the warning.

(b) The Government Chamber of the Supreme Court, the National Court or the corresponding High Court of Justice, for those of reprimand, fine and suspension.

c) The Minister of Justice for the forced removal.

d) The Council of Ministers for separation.

Art. 101. Procedure.

1. The warning sanction shall be imposed without further processing than the hearing of the person concerned, after having been deemed necessary, a summary of information.

2. The remaining penalties shall be imposed in accordance with the procedure laid down in the following paragraphs.

3. Prior to the agreement to initiate the disciplinary procedure for a judicial secretary, the Ministry of Justice may request information on the facts from the Judge or President of the Court of Justice, giving the General Council of the Judiciary of the request for information.

4. The disciplinary procedure, which shall be taken forward ex officio in all its proceedings, shall be initiated by agreement of the competent authority to hear it, either on its own initiative or at the request of the aggrieved, or by virtue of a higher order, or The Ministry of Justice's initiative, giving an account to the Ministry of Justice.

5. In the agreement that the disciplinary proceedings are to be initiated, an Instructor of the same category shall be appointed, at least, to that of the person in charge of the proceedings ', the Judge or the Magistrate of the Chamber in which he/she provides shall not be Instructor. services of the official. When the Instructor of the case is a Judge or Magistrate, his appointment shall be made by the General Council of the Judiciary, at the request of the Ministry of Justice.

6. The Instructor shall appoint a Registrar, who shall be of the same or higher status as the Registrar, if he is an official of the same Body, and shall inform the person concerned of the initiation of the file and the name of the Instructor and of the Secretary.

7. The Instructor will practice how many tests and actions lead to the clarification of the facts and to determine the responsibility with the intervention of the Fiscal Ministry and, where appropriate, the person concerned.

8. In the light of those documents, the Instructor shall, if appropriate, draw up a statement of objections setting out the facts imputed. The statement of objections shall be notified to the issued statement so that, in the light of the action, the statement of objections may be completed within eight days and propose the evidence to be specified, the relevance of which shall be qualified by the Instructor.

9. When the preceding proceedings have been completed and, where appropriate, the evidence proposed by the issued and declared relevant evidence has been carried out, the Instructor shall give the person concerned an immediate view of the file so that within 10 days Please note what you consider relevant to your defence and provide any documents you consider to be of interest. A full copy of the file shall be provided to the accused person when he so requests.

10. In this respect, the Instructor, after hearing the Prosecutor's Office, will make a proposal for a resolution, from which the person concerned will be transferred, so that within eight days he will abide by what is appropriate to his right. If the procedure has been completed or the time has elapsed, it shall be forwarded to the authority which has ordered the initiation of the procedure for the decision to be taken. Where this authority understands a sanction that is not within its competence, it shall raise the procedure, with its proposal, to which it is competent.

11. The competent authorities may return the file to the Instructor so that, with the right to the appropriate procedural time, a new statement of objections may be made, including new facts or amendments to the previous ones, or in order to complete the instruction with the practice of further diligence or testing.

12. 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 it has sent to it.

13. The decision terminating the disciplinary procedure shall determine precisely the absence of the decision, stating the precepts in which the class of fault is collected, the official responsible and the penalty imposed, making express in order to the provisional measures taken during the processing of the procedure.

14. The decision shall be notified to the defendant and to the Prosecutor's Office, with the expression of the appeal or appeals against it, the body before which they must be submitted and the time limit for bringing them together.

Art. 102. Provisional suspension.

The Instructor may propose to the Minister of Justice the provisional suspension of the official submitted to disciplinary proceedings, with a hearing from the Prosecutor's Office and the interested party. 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.

Art. 103. Resources.

1. Decisions taken by the Chamber of Government shall be subject to appeal to the Minister of Justice. Against the sanction of warning, only a plea of appeal to the authority that imposed it.

2. The decisions of the Minister of Justice by resolving the previous action or, where appropriate, imposing the forced transfer, as well as those of the Council of Ministers, shall exhaust the administrative route.

3. Penalty decisions that decide definitively on an administrative basis shall be subject to the Administrative-Administrative Jurisdictional Order, in accordance with the provisions of its Regulatory Law.

Art. 104. Annotation of disciplinary sanctions.

1. Disciplinary sanctions shall be entered in the personal file of the person concerned, with the expression of the facts imputed.

2. The authority that charges them shall take care that the above is complied with.

Art. 105. Enforcement, enforcement and temporary suspension of sanctions.

1. Disciplinary sanctions, after the administrative procedure has been exhausted, shall be carried out in accordance with the terms of the decision in which they are imposed, and within a maximum of one month, except where, on grounds of justified reasons, another difference is established in that resolution.

2. The Minister of Justice may agree that the sanction is not to be enforced and, on a proposal from the competent body to resolve, may agree to temporarily suspend the execution of the penalty imposed for a period of less than that of his 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 either on their own initiative or at the request of the person concerned, provided that he is responsible for this.

Art. 106. Cancellation.

1. The competent authority to sanction this is to decree cancellation and rehabilitation.

2. The endorsement of the warning sanction shall be cancelled for the period of six months after it has been established, if at the same time it has not given rise to the penalty for another disciplinary procedure ending with the imposition of the penalty. of sanction.

3. 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 penalty, in the case of a minor, serious or very serious fault and during this time the sanction for a new disciplinary procedure that ends with the imposition of sanctions would not have occurred.

4. Cancellation will erase the antecedent for all intents and purposes.

Art. 107. Abstention and recusal.

1. The rules on abstention and recusal laid down in Articles 20 and 21 of the Law on Administrative Procedure shall apply to the Instructor and the Registrar.

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.

Art. 108. Extinction of disciplinary responsibility.

Disciplinary liability is extinguished by the enforcement of the sanction, death, prescription of the lack or sanction, pardon or amnesty.

CHAPTER X

Administrative attachment of the Judicial Secretaries and the Council of the Secretariat

Art. 109. Attachment of the Body of Judicial Secretaries.

1. The Body of Judicial Secretaries is under the Ministry of Justice through the Directorate General of Relations with the Administration of Justice.

2. The Ministry of Justice shall, in respect of the judicial secretaries, have the powers provided for in this Regulation and may direct orders and instructions to them in accordance with the terms and limits laid down in paragraphs 5 and 6 of this Regulation. Article 8.

3. The Ministry of Justice shall regularly organise further training courses for the judicial secretaries and may provide the necessary assistance to them.

Art. 110. Board of Secretariat.

1. Under the chairmanship of the Director-General, a Council of a consultative nature is established in the Directorate-General for Relations with the Administration of Justice, of which the Deputy Director-General for Relations with the Ministry of Foreign Affairs will be a member. Administration of Justice, which will replace the President in the cases of absence, and the Deputy Director General of Personnel Affairs, who will act as Secretary. In addition, they will be part of the Office for a maximum of four years, six Secretaries to be appointed by the Ministry of Justice from among those who are active, three of whom are members of the Professional Associations.

2. The Council shall adopt the agreements by a simple majority, in the event of a tie, the vote of the President.

Art. 111. Functions.

1. It is up to the Secretariat Council to report on how many subjects the Ministry of Justice's organs will submit to them through the Directorate General of Relations with the Administration of Justice.

In particular, the Secretariat Council may be requested to report on the following matters:

a) Reforms affecting the judicial public faith.

(b) Disciplinary Expedients who are instructed to the Judicial Secretaries and whose resolution corresponds to the Minister of Justice or the Council of Ministers, as well as the reentry and rehabilitation files, in accordance with the established in this Regulation.

c) Claims that may arise in connection with the escalation of judicial secretariats.

d) Proposals for the temporary provision of certain Judicial Secretaries.