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Royal Decree 360/1981, Of March 6, Amending Certain Articles Of Decree Of 15 July 1955 By The Organic Rules Of The Diplomatic Corps Approves Modified, And Royal Decree 3033/1976, Of 3 December On A ...

Original Language Title: Real Decreto 360/1981, de 6 de marzo, por el que se modifican determinados artículos del Decreto de 15 de julio de 1955 por el que se aprueba el Reglamento Orgánico de la Carrera Diplomática, y del Real Decreto 3033/1976, de 3 de diciembre, sobre a...

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TEXT

The experience gained since the validity of the Royal Decree three thousand and thirty-three/thousand nine hundred and seventy-six, of three December, has demonstrated the need to modify its articles adapting it to the needs of the service In the case of the foreign ministry, it completed some loopholes and covered some cases in order to pay greater attention to the needs of the State's service abroad and a greater guarantee of protection for the interests of the Officials of the Diplomatic Career.

In its virtue, after the approval of the Presidency of the Government, on the proposal of the Minister of Foreign Affairs and after deliberation of the Council of Ministers at its meeting of the day six of March of a thousand nine hundred and eighty one.

DISPONGO:

Article first.

Article nine of the Decree of 15 July, one thousand nine hundred and fifty-five is worded as follows:

" Article nine.

The Assistant Secretary for Foreign Affairs is the direct Head of Diplomatic Career officials, and while he is in office, he will have the Ambassador's category and honors. "

Article 2.

Articles eight, nine, sixteen, eighteen, nineteen, twenty and twenty-four of the Royal Decree three thousand and thirty-three/thousand nine hundred and seventy-six, of three December, are worded as follows:

" Article eight.

One. No official of the Diplomatic Career who is in a class C position) may be assigned, against his will, to another post of the same class.

Two. No official of the Diplomatic Career who is in a position (A) may be assigned to another of the same class.

Three. No official of the Diplomatic Career may serve two consecutive posts in the same foreign country.

Four. No official of the Diplomatic Career shall be able to hold consecutive positions abroad for a period of more than nine years.

Five. No official of the Diplomatic Career may hold consecutive posts in the Ministry of Foreign Affairs or in self-employed bodies dependent on it for a period exceeding eight years.

The officials entering the Diplomatic Race will have to participate in the first annual contest that is called, provided that the deadlines set in this Royal Decree permit. Those intended for use in the Ministry of Foreign Affairs or in the self-employed bodies dependent on it shall remain at that destination for a minimum period of two years and a maximum of four years (in accordance with the provisions of Article 7). for those posts). The minimum time limit, as referred to in Article 9, may be entered in the following immediate contest and must be entered in the annual contest which is held in the fourth year of its stay in the Ministry of Foreign Affairs or in Self-employed bodies which are dependent on it, and are required to apply exclusively for both cases of work abroad.

With the exception provided for in the preceding paragraph, any official assigned to the Ministry of Foreign Affairs or to the self-employed or self-employed shall take part in the annual competition for the fourth year of their stay at the Ministry of Foreign Affairs or the Autonomous Bodies.

Six. No official of the Diplomatic Career may provide services abroad in the same Diplomatic Mission or Consular Office where they are provided by their relatives in first or second degree of consanguinity or first degree of affinity.

The Directorate General of the Foreign Service and the Diplomatic Career Board will take care of strict compliance with the rules contained in this article. "

" Article nine.

In the course of the month of January of each year every official of the Diplomatic Race who wishes to be destined to another position, provided that the minimum period of stay in the day is completed on the thirties of the next month of June In the event of a request for a decision,

Office of the European Parliament shall be responsible for the application of the provisions of the Treaty and of the provisions of the Treaty.

" Article sixteen.

For the purposes of this Chapter, the following charges shall not be considered:

One. Secretary of State for Foreign Affairs.

Two. Deputy Secretary for Foreign Affairs.

Three. Heads of Diplomatic Mission.

Four. Chairman of the Higher Council for Foreign Affairs.

Five. First Introductor of Ambassadors, Directors-General and Technical Secretary General of this Ministry.

Six. Director of the Diplomatic School.

Seven. Inspector General of Embassies, Missions and Consulates.

Eight. Head of International Legal Counsel.

Nine. Director of the Cabinet of the Secretary of State.

Ten. Director of the Cabinet of the Under-Secretary for Foreign Affairs.

Once. Head of the Budget Office.

Twelve. President and Vice President of the Ibero-American Cooperation Institute.

Thirteen. Director of the Hispanic-Arab Institute of Culture.

Fourteen. Those held by officials of the Diplomatic Career in the State Administration by virtue of appointment made by Royal Decree.

The time limit for the officials of the Diplomatic Career to remain in the positions referred to in this Article may be computed at the request of the person concerned and within the time limits laid down in Article 9, or the Board of Directors. of the Diplomatic Career, for the purposes set out in Article 8 (4) and (5). "

" Article eighteen.

The officials of the Diplomatic Race who, after thirty-one of January, end up in office and are not appointed to carry out another post, return to the active service, be transferred to the Ministry of Foreign Affairs Exteriors for exceptional reasons, in accordance with the second paragraph of Article 7, or enter the Diplomatic Career, they shall occupy a position in accordance with the provisions of Articles 9 to 14 of this Royal Decree.

The officials referred to in the preceding paragraph, with the exception of those coming immediately from the Diplomatic School, shall be subject to the first contest of destinations to which the rules laid down in the the fourth subparagraph, in the first subparagraph of Article 8 (5) and (6), by not implementing the other provisions of the same Article, nor those of Article 7.

The officials referred to in the first paragraph of this Article, as well as those who may not be held in the annual contest, shall be temporarily assigned to the Ministry of Foreign Affairs, being able to carry out the commissions of service referred to in the third paragraph of Article 15. In any case, they must apply for the following month of January, in accordance with the provisions of Article 11. "

" Article nineteen.

The Diplomatic Career Board will be composed of:

-The Assistant Secretary for Foreign Affairs, who will chair her.

-The Director-General of the Foreign Service, who may act as President by delegation of the Undersecretary of Foreign Affairs.

-The Inspector General of Embassies, Missions, and Consulates.

-A representative for the category of Ambassador, a representative for each of the categories of Minister Plenipotentiary of first and second, two representatives for the categories of Minister Plenipotentiary of the third and of Members of the Embassy, two representatives for the category of Secretary of the Embassy of the First and one representative for each of the other categories of Secretary of the Embassy, who meet the following conditions: To be elected by the officials of their categories and to be assigned to the Ministry of Foreign Affairs or to Organisms self-employed.

-The Deputy Director-General of Staff, who will act as Secretary, with voice, but without a vote.

The Directors-General of the Ministry of Foreign Affairs and the Technical Secretary-General shall be called to the meetings of the Board, in which they shall have a voice, but shall not vote. "

" Article twenty.

For the purposes of the designation of the representatives referred to in the previous Article, the Directorate-General of the External Service, in the first twenty days of the month of December preceding the year in which they are to be held elections, shall forward to all officials of the Diplomatic Career the relationship of officials assigned to the Ministry of Foreign Affairs or self-governing bodies that are dependent on it.

In the course of January of the following year, the officials of the Diplomatic Career will send their vote to the Directorate General of the Foreign Service.

Officials of the Diplomatic Career with the category of Ambassador, Minister Plenipotentiary of first or second or with category of Secretary of Embassy of second or third will elect, by secret ballot, a representative and two alternates. Those who have a category of Minister Plenipotentiary of the third, Counsellor of Embalada or Secretary of the Embassy of the first will elect two representatives and two alternates for each one of them.

Officials of the Diplomatic Race may only vote in favor of officials of their category. "

" Article twenty-four.

The Board of the Diplomatic Race shall meet, at the invitation of its President, on the first Monday of February of the year in which elections are held, for the purposes of the provisions of Article 21; in the months of March and April, for the approval of the proposal for the provision of jobs, and in the month of October, for the classification of posts referred to in Article 7.

The Board of the Diplomatic Race shall also meet whenever necessary for the fulfilment of the other functions entrusted to it in this Royal Decree and when the President's call, on his own initiative or of five members of the Board with the right to vote.

The Board of the Diplomatic Career, which may not constitute the presence of the Deputy Secretary or the Director General of the Foreign Service and of eight of its members with the right to vote, shall take its decisions by simple majority except the provisions of Article 4, not by means of abstentions. In the event of a tie, the President's vote will be decided.

If any of the representatives could not attend the meetings of the Diplomatic Career Board, they will do so one of their alternates.

No member of the Diplomatic Career Board will be able to participate in the drafting of a proposal on matters that affect you personally and directly. "

Third item.

The projects of modification of the provisions contained in this Royal Decree which, according to the article twenty-three, will be submitted to the Board of the Diplomatic Race, must be known by the Board with an anticipation a minimum of 15 days for the session to be held where the modification is to be treated.

In any event, any modifications affecting Chapter II may not be discussed or approved by the Board while the annual contest is being held, in order to avoid having an impact on its development.

FINAL DISPOSITION

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

Given in Madrid to six of March of a thousand nine hundred and eighty-one.

JOHN CARLOS R.

The Minister of Foreign Affairs,

JOSÉ PEDRO PÉREZ-LORCA AND RODRIGO