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Royal Decree 3233/1983, Of 21 December, By Establishing The Judicial Members Of Racing Complements Regime And Fiscal And Officials In The Service Of The Administration Of Justice.

Original Language Title: Real Decreto 3233/1983, de 21 de diciembre, por el que se establece el régimen de complementos de los miembros de las Carreras Judicial y Fiscal y de los funcionarios al servicio de la Administración de Justicia.

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TEXT

Law 17/1980 of 24 April, for which the remuneration of civil servants is independent in the service of the Judiciary of the General Administration of the State, establishes, in Article 13, that the scheme and the amount of the In addition, the government will decide on a proposal from the Ministry of Economy and Finance and the initiative of the Justice Department, after the General Council of the Judiciary has been informed.

The need to give effective compliance to the legal mandate, unanimously and repeatedly requested by both the High Judicial and the affected sectors, in order to overcome the current transitional situation. and personal supplements, incompatible with the objective nature of the complement of destination, advises the immediate regulation of this, which must be carried out in an integral way for all the staff affected by the precisited Law 17/1980 and is therefore Therefore, the rules contained in Royal Decree 1693/1982, 18, are incorporated into the present June, dictated exclusively for the Officers, Auxiliary and Agents of the Administration of Justice, since with such incorporation will be reached that comprehensive regulation and will be structured, for the future, the complementary rewards of the judicial staff.

The plurality of circumstances that define the target complement and the need to compute them separately, in order to comply with the legal mandate, require adequate diversification and independent assessment, although to individualize the supplementary remuneration must be aggregated and, where appropriate, accumulated the concepts which are applicable to each job. These same circumstances make it advisable to maintain the current system of points, in order to achieve the due substance of the different computable concepts and a distribution proportional to the characteristics of the respective destinations.

Finally, both the incentives applicable to the Secretaries of the Administration of Justice and other officials providing services in the management, assessment, clearance of inspections are also included in this Royal Decree. and the collection of court fees, such as replacements, and the accidental performance of a paid judicial charge, in accordance with the provisions of the law, by those who do not belong to the Careers and Bodies at the service of the Administration of Justice.

In its virtue, on the proposal of the Ministry of Economy and Finance and the accidental performance in a paid judicial position, General of the Judiciary and after deliberation of the Council of Ministers at its meeting on December 21 From 1983, I have:

Article 1. The additional remuneration provided for in this Royal Decree will apply to all staff affected by Law 17/1980 of 24 April.

Art. 2. 1. The supplement to which the officials expressed in the previous Article are to be charged shall be determined on the basis of the number of points which, in accordance with the following Articles, correspond to each of them.

2. Its quantification will be carried out by the Government at the proposal of the Ministry of Economy and Finance and the initiative of Justice, prior to the report of the General Council of the Judiciary.

Art. 3. Add-ons are diversified based on the following concepts:

a) Hierarchy and inherent representation of office.

b) Character of the function.

c) Place of destination or special qualification of this and volume of work.

d) Special responsibility for the destination served.

e) Penosity.

f) Joint exercise of another position in the Administration of Justice, in addition to the holder and replacement.

Art. 4. By hierarchy and inherent representation of the charge will be credited:

(a) 14 points to the Presidents of the Supreme Court of the Supreme Court of the same High Court and the President of the National Court.

b) 12 points to the Supreme Court Magistrates, members of the Judicial Race who have such a category, and the Chief Prosecutors who have or have the Prosecutor's Office.

c) 10 points to the Presidents and Prosecutors of the Territorial Hearings, except those in the previous number and to the Prosecutors of the Supreme Court and the Prosecutors of the Fiscalas or Prosecutors whose Head of Office corresponds to a Prosecutor of the Chamber.

d) Eight points to the Presidents and Prosecutors Heads of the Provincial Hearings, Presidents of the Section of the National Court, Presidents of the Chamber of Territorial Hearings and Judges of the Court of First Instance and Instruction from Madrid and Barcelona.

e) Six points to the Presidents of the Section of the Territorial and Provincial Hearings, the Fiscal Tenors of the Territorial Hearings not covered by paragraph c). Magistrate-Judges Dean of First Instance and Instruction of Valencia, Seville, Bilbao, Zaragoza and Malaga, Secretary of Government of the Supreme Court and Director of the National Institute of Toxicology.

f) Four points to the Judges-Judges Dean of First Instance and Instruction of Granada, Palma de Mallorca, San Sebastian, Valladolid, Córdoba, Pamplona, Alicante, Santa Cruz de Tenerife, La Coruña, Murcia, Las Palmas and Oviedo; Judges of the District of Madrid and Barcelona; Prosecutors of the Provincial Hearings in whose Office of the Prosecutor there was a staff of five or more Prosecutors, degree of promotion, excluding the Chief Prosecutor and the Deputy Prosecutor Government of the Supreme Court and Secretaries of Government of the National Court and of the Territorial Barcelona and Madrid.

g) Three points to the remaining Judges-Judges of First Instance and Instruction and to the District Judges of Bilbao, Malaga, Seville, Valencia and Zaragoza.

(h) Two points to the Judges of First Instance and Instruction Dean where there are three or more Courts, Judges of the District of Granada, Palma de Mallorca, La Coruña, Oviedo, Valladolid, Pamplona, Las Palmas, San Sebastian, Cordoba, Alicante, Santa Cruz de Tenerife and Murcia; Prosecutors of the Provincial Hearings where there will be a staff of three or four Prosecutors, degree of promotion, excluding the Chief Prosecutor and the Deputy Prosecutor and Secretaries of the Supreme Court and Government Secretaries of the remaining Territorial Hearings.

i) A point to the remaining District Judges, provided that at least three Courts of that class are in the locality.

Art. 5. The character of the function will be credited:

(a) 54 points to the Presidents of the Supreme Court, Lieutenant Prosecutor of the Supreme Court, and President and Chief Prosecutor of the National Court.

b) 52 points to the Magistrates of the Supreme Court Presidents and Prosecutors Chiefs of the Territorial Hearings of Madrid and Barcelona, Prosecutors of the first category not included in the previous section. Presidents of the Chamber of the National Court and Director of the Judicial School.

c) 47 points to the Magistrates of the National Audience.

d) 42 points to the remaining members of the Judicial and Fiscal Career with a category of Magistrate or Prosecutor, respectively.

e) 37 points to the members of the Judicial Career with the category of Judge of First Instance, degree of promotion that serve as the Courts of First Instance and Instruction, and to the Tax Lawyers, degree of promotion.

f) 34 points to the Rise Judges serving in District Courts.

g) 30 points to the Judges and Revenue Prosecutors.

h) 27.5 points to the Secretaries of the first class Justice Administration.

i) 23.5 points to the Secretaries of the second category Justice Administration.

j) 22.5 points to the Secretaries of the Administration of Justice of the third category, degree of promotion, that serve in Fiscalas or Courts of First Instance and Instruction.

k) 21 points to the Secretaries of the third category, degree of promotion, that serve in District Courts.

l) 18 points to the Secretaries of the Administration of Justice of the third category, grade of income.

ll) 10 points to the Medical Physicians, Faculty of the National Institute of Toxicology and Technical Body of Courts to extinguish.

m) 9.25 points to the Secretaries of the Peace Courts.

n) 9.25 points to the Justice Administration Officers.

n) 7.75 points to the Justice Administration Auxiliary.

or) 5.75 points to the Agents of the Administration of Justice.

Art. 6. The corresponding supplement to place of destination or special qualification of this and volume of work will be determined according to the following groups of populations:

First.-Madrid and Barcelona.

Second.-Bilbao, Las Palmas, Malaga, Palma de Mallorca, Santa Cruz de Tenerife, Seville, Valencia and Zaragoza.

Third.-Albacete, Alicante, Burgos, Cáceres, Cádiz, Córdoba, Granada, La Coruña, Murcia, Oviedo, Pamplona, San Sebastian, Valladolid and Vitoria.

Fourth.-Almeria, Badajoz, Castellón, Ceuta, Ciudad Real, Gerona, Huelva, Jaén, León, Lerida, Logroño, Melilla, Pontevedra, Salamanca, Santander and Tarragona.

Fifth.-Restantes provincial capitals.

Sixth.-Populations with Trial of First Instance and Term Instruction.

Seventh.-Populations with Courts of First Instance and Instruction classified under the category of Ascending Courts.

The tax lawyers, grade of income, who would have been authorized to reside in populations other than the provincial capitals will receive the supplement corresponding to the population in which they radiating the head of the Pool.

Officials assigned to Courts based in populations not included in the preceding groups will not be accredited in addition to this concept.

Populations that are not provincial capitals, with Courts of First Instance served by Magistrates, will be included in the group corresponding to the capital of the respective province.

Interim officials will bear the amounts provided for in this article.

Art. 7. For the concept expressed in the previous article, the following points will be credited:

A) Members of the Judicial Race serving in the Courts and Central Courts of Instruction, Courts of First Instance, Courts of Instruction, Courts of First Instance and Instruction and Courts of Hazard and Social Rehabilitation; members of the Tax Race with a destination in Fiscalas of Courts or Prosecutors:

First group, 13 points.

Second group, 12 points.

Third group, 10 points.

Fourth group, 9 points.

Fifth group, 6 points.

Sixth group, 4 points.

Seventh group, 2 points.

B) Members of the Judicial and Fiscal Careers who serve respectively District Courts or District Fiscalis Groups:

First group, 7 points.

Second group, 6 points.

Third group, 5 points.

Fourth group, 4 points. Fifth group, 3 points.

Sixth group, 2 points.

Seventh group, 1 point.

C) Secretaries of the Administration of Justice serving in the Courts and Tribunals related to paragraph A) of this article:

First group, 7 points.

Second group, 6 points.

Third group, 5 points.

Fourth group, 4 points.

Fifth group, 3 points.

Sixth group, 2 points.

Seventh group, 1 point.

D) Secretaries of the Administration of Justice serving in District Courts:

First group, 5 points.

Second group, 4 points.

Third group, 3 points.

Fourth group, 2 points.

Quito group, 1.5 points.

Sixth group, 1 point.

Seventh group, 0.5 points.

E) Medical and Forensic Physicians of the National Institute of Toxicology:

First group, 4 points.

Second group, 3 points.

Third group, 2.5 points.

Fourth group, 2 points.

Fifth group, 1.5 points.

Sixth group, 1 point.

Seventh group, 0.5 points.

F) Officers, Auxiliary and Agents of the Administration of Justice:

First group, 4 points.

Second group, 3 points.

Third group, 2.5 points.

Fourth group, 2 points.

Fifth group, 1.5 points.

Sixth group, 1 point.

Seventh group, 0.5 points.

Art. 8. For the special responsibility that has been attached to the performance of the position in the Second Chamber of the Supreme Court and in the Office of the Prosecutor of the Supreme Court, in the Criminal and Public Prosecutor's Office, the National Court and the Central Courts:

A) Members of the Judicial and Fiscal Careers, 15 points.

B) To the Secretaries of the Criminal and Central Courts, 5 points.

C) To the Medical Doctors, 2 points.

D) Officers and Auxiliary of the Administration of Justice, 2 points.

E) Agents of the Administration of Justice, 1 point.

Art. 9. Due to the greater hardship and difficulty involved in the performance of the function in the Courts of Instruction, they will be credited:

1. In the Courts in which the on-call service is provided uninterrupted for 24 hours:

Eight points to the members of the Judicial Race, as well as those of the Fiscal Race, provided that they are specifically attached to such Courts and develop the duty service under the same conditions as the Judges.

Six points to the Secretaries of the Administration of Justice.

Four points to the Medical Doctors.

Four points to the Officers, Auxiliary and Agents to the Administration of Justice.

In the margin of the foregoing and in the concept of compensation, 2 points will be credited to all the officials who remain on a continuous basis the twenty-four hours at the seat of the jurisdictional Authority.

2. In the other Courts of Instruction not included in the preceding paragraph:

Six points to the members of the Judicial and Fiscal Career permanently attached to such Courts.

Five points to the Secretaries of the Administration of Justice.

Four points to the Medical Doctors.

Four points to the Officers, Auxiliary and Agents of the Administration of Justice.

3. Officials with a higher degree, officers and assistants and agents with a destination at the National Institute of Toxicology (Sections of Madrid, Seville and Barcelona) and at the Anatomical Institutes of Madrid and Barcelona will receive 4 points.

Interim officials will also bear the amounts provided for in this article.

Art. 10. For the joint exercise of another office in the Administration of Justice, in addition to the holder, they shall be accredited:

(a) 5 points to the President and Prosecutor of the Appellate Chamber constituted at the National Court to hear about the appeals against resolutions of the Courts of Hazardous and Social Rehabilitation; Presidents of the Chamber of Appeals Civil, when they also hold the Presidency of the Administrative-Administrative Chamber of the respective Territorial Hearing, and Magistrates or Judges who in addition to their position will perform a Prison Surveillance Court, as well as the Prosecutors that in addition to their own role they are attached to Courts of this nature.

b) 3.5 points to the Magistrates of the Special Appellate Court of Hazard and Social Rehabilitation.

c) 3 points to the Magistrates who permanently or by vacancy perform the same position in the Room of the Administrative-Administrative of the respective Hearing, the Directors of the Medical-Forensic Institutes, Medical Clinics-Forensic In addition to their role in the Court, they are assigned as specialists to the Medical and Medical Clinics and the Institute of Anatomy-Forensic.

(d) 2 points to the Secretaries who are permanently and simultaneously with the Secretariat itself of the Administrative-Administrative Board of the same Hearing, Secretary of the Special Room for Hazards and Social rehabilitation and secretaries who also perform the Secretariat of a Prison Surveillance Court.

e) 1.5 points to the Officers, Auxiliary and Agents of the Special Appellate Court of Hazard and Social Rehabilitation.

Art. 11. As a substitute for involving a joint performance of another charge, they will be accrued:

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

b) 10 points for the replacement of Judges in the other Courts of First Instance and Instruction.

c) 8 points for the replacement of Judges in the District Courts of the District Prosecutors of District Prosecutors and Secretaries of the Administration of Justice to serve in the Courts, Fiscalas, Central Courts of Instruction, Courts of First Instance, of Instruction, of First Instance and Instruction and of Hazards and Social Rehabilitation.

d) 7 points for the replacement of Medical Physicians and Secretaries of District Courts.

e) 4 points to the Officers and Auxiliary to replace Secretaries of Courts served by Magistrates.

f) 3 points to Officers and Auxiliary to replace Secretaries of the other Courts of First Instance and Instruction and those of the District Courts of Madrid and Barcelona.

g) 2 points to Officers and Auxiliary to replace Secretaries of the remaining District Courts.

h) 2 points to Agents replacing other Agents.

Replacements for no longer than ten days and those motivated by paid leave, whether or not summer time, shall not entitle the supplement to which this article refers.

Accidental performance in a paid position of the Administration of Justice, in accordance with the organic provisions, by those who do not belong to or are not active in the Corps, shall be remunerated in all the case by means of assistance payable for days, in the amount of 100 per 100 of the salary corresponding to the official who was to perform it.

Art. 12. Without prejudice to the regulation which may be applied under Law 17/1980 of 24 April, the current system of incentives for the management of the administration, inspection and collection of judicial fees is provisionally maintained, without the amounts being recognize that they can exceed the specific credit for these attentions.

Art. 13. The officials referred to in Article 2 shall be excluded from the scheme of allowances and incentives provided for in this Royal Decree. of Law 17/1980 of 24 April, without prejudice to the provisions of the second provision of Law No 17/1980.

Art. 14. The granting of other remuneration may take place only where functions other than those of the destination which serve, but are linked to, in the case of secondment, or where special services are to be carried out, are assigned to them. (a) the right to pay and the amount of the fee to be paid by the service or function.

These remuneration may be recognized only by the Ministry of Justice on a proposal from the General Council of the Judicial Branch, with its amount determined in each case and in consideration of the nature and duration of the service, within the credits allocated for these concepts.

Art. 15. The additional remuneration provided for in this Royal Decree is without prejudice to the compensation for the officials of the expenditure incurred on the basis of the service, which shall be governed by the provisions for civil servants of the State Civil Administration.

Art. 16. The Ministers of Justice and Economy and Finance are empowered to adopt in the field of their respective competence the necessary measures for the best compliance with the provisions of this Royal Decree.

ADDITIONAL PROVISIONS

First.-This Royal Decree shall enter into force on the day following that of its publication in the Official Journal of the State and shall have effect from 1 January 1983, with the exception of the derivatives referred to in paragraph 2 of this Regulation. Article 11, which shall take place on 1 January 1984.

Second.-Members of the Special Corps of Letrados serving in the Ministry of Justice will continue to pass through the same supplements as they come to perceive the entry into force of the present Royal I decree until they are definitively regulated their supplementary remuneration.

Third.-The officials of the Technical Scale of the Administrative Body of the Courts and Officers of the Supreme Court, Audits and the extinguished Courts of the Administrative-Administrative -The officers of the Administration of Justice from the North Zone of Morocco and officials of the Technical Scale of the Administrative Body of the Courts in which the condition of the Letrados does not attend, to be extinguished, will be collected The target supplement established for the Officers of the Administration of Justice.

The Agents of the Administration of Justice from the North Zone of Morocco, to extinguish, will receive the complement of destination established for the Agents of the Administration of Justice.

TRANSIENT DISPOSITION

In the case that the staff included in this Royal Decree come in receipt of supplementary remuneration in excess of those corresponding to the new destination supplement, the difference will be respected. remain in the same destination, although it will be absorbed by 50 per 100 of any future increase in its total remuneration.

FINAL DISPOSITION

The provisions of this Royal Decree are repealed as many provisions are repealed.

Given in Madrid to December 21, 1983.-JUAN CARLOS R.-The Minister of Economy and Finance, Miguel Boyer Salvador.