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Royal Decree 772/2015, 28 August, King Is Amending The Royal Decree 434/1988, Of 6 May, On Restructuring Of The House Of His Majesty.

Original Language Title: Real Decreto 772/2015, de 28 de agosto, por el que se modifica el Real Decreto 434/1988, de 6 de mayo, sobre reestructuración de la Casa de Su Majestad el Rey.

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TEXT

Following the proclamation of His Majesty Don Felipe VI as King of Spain, the need to modify the structure of His House to adapt the organization of the same to the new composition of the Royal Family and to guarantee its efficient operation.

For this purpose, Royal Decree 547/2014, of 27 June, amending Royal Decree 434/1988, of 6 May, on the restructuring of the House of Her Majesty the King, introduced specific reforms, such as the abolition The Secretary of His Royal Highness the Prince of Asturias, the creation of the Secretary of his Majesty the King Don Juan Carlos and the incorporation into the House of a Diplomatic Counsellor.

The present Royal Decree, in line with the previous one, intends to advance in the process of reform of the House of S.M. the King already started, for which certain forecasts are introduced to strengthen the principle of transparency that should govern how it works to ensure its efficiency.

The principles that must inspire the procedures for the hiring of the House of His Majesty the King are regulated in this way, declaring that the contractual activity of the same will be inspired by the principles of concurrency, transparency, efficiency, agility, simplicity and coordination. As a guarantee of the principle of transparency, it is anticipated that the Head of the House will approve the Instructions to govern the procurement, which will be published on their website.

The will to ensure the best performance of the mission of the House of His Majesty the King, has advised the establishment of ethical principles and common conduct that should preside over the performance of all people who provide service in this body, irrespective of its legal status or personal status of provenance. The possibility that the Head of the House can approve a Code of Conduct of obligatory compliance for all the staff that integrates it, published on its website, is now collected expressly in the regulatory regulations of the House.

In order to make it easier for the organization of the House to accommodate the real needs of the House at all times, it has chosen not to pre-fix the number of Field Helpers of his Majesty the King, to allow them to be the ones that at each moment they are required for the proper development of their function to the immediate service of the King.

The Security Service is permanently responsible for the immediate security of the Royal Family and, in accordance with the rules laid down for this purpose, has also assumed the security of the family members and the King's House. Ministry of the Interior has considered it necessary at every moment. This possibility is now expressly stated in the regulations of the House.

For reasons of administrative economics, the House of His Majesty the King has been using personal and heritage means of National Heritage and the State Mobile Park, in accordance with the provisions of its respective regulations. regulatory. This possibility is now expressed in the regulatory framework of the House, as well as the provision of agreements for collaboration in the field of the General Administration of the State.

In terms of remuneration, the House Budget will reflect the free distribution by His Majesty the King of the overall amount that, for the support of his Family and House, receives annually from the General Budget of the State, in accordance with Article 65.1 of the Constitution.

The references to the officials included in the transitional provision of Decree-Law 6/1976, of 16 June, are eliminated in the Royal Decree, as there is no current staff in the House of His Majesty the King.

Among the staff that can be part of the House has also been included to the officials of the Local Entities and, for reasons of normative technique, it has been considered opportune that the different classes of officials that Article 8c) of the Royal Decree is included, for these purposes, in the categories of career officials of the State, Autonomous Communities or Local Entities.

Also for regulatory technical reasons, the additional provisions and their content are deleted in the article, and the regulation of Article 15 is moved to a new final provision.

Under its virtue, on a proposal from the President of the Government and after deliberation by the Council of Ministers at its meeting on 28 August 2015,

DISPONGO:

Single item. Amendment of Royal Decree 434/1988 of 6 May on the restructuring of the House of Her Majesty the King.

Royal Decree 434/1988, dated 6 May, is amended on the restructuring of the House of Her Majesty the King:

One. Article 5 (2) and (3) are amended as follows:

" 2. It will consist of:

A general officer in an active duty administrative situation, who will be the first assistant of His Majesty the King and Head of the Fourth Military, depending on him for all purposes the Royal Guard, by delegation of the Head of the House.

The field helpers of His Majesty the King, of the military jobs of Colonel or Captain of the Navy, Lieutenant Colonel or Captain of Frigate, Commander or Captain of Corbeta, in an administrative situation of active duty, belonging to the Army of the Earth, the Navy, the Air Force and the Civil Guard Corps.

The field helpers will also be integrated into the Fourth Military, which, in the future, will be appointed to His Royal Highness the Princess of Asturias.

A Cabinet.

3. Both the Head of the Fourth Military and the other field helpers of His Majesty the King and the field helpers of His Royal Highness the Princess of Asturias, upon ceasing in his office, shall retain the character of honorary helpers. "

Two. Article 7 (1) is amended as follows:

" 1. The Security Service is permanently responsible for the immediate security of the Royal Family and, where appropriate, those members of the family and the King's House to be determined by the Ministry of the Interior. For this purpose it shall maintain the appropriate liaison with the bodies of the State exercising its competence in this field, in accordance with the instructions given to this effect. "

Three. Article 8 is worded as follows:

" The staff of the House of Her Majesty the King may be of the following classes:

a) High-address.

b) Address.

c) Career officials of the State, Autonomous Communities or Local Entities.

d) Possible officials.

e) Workforce. "

Four. Article 9 (1) is amended as follows:

" 1. The consideration of senior staff of the House of S. M. the King, for the purposes that they may have in law, shall refer only to those who hold the positions of Chief of the House, Secretary General and Head of the Fourth Military, who shall be assimilated, respectively, to the Ministers, Secretaries of State and Undersecretaries. "

Five. Paragraphs 4, 5 and 6 are added to Article 9 with the following wording:

" 4. The regime of conflicts of interest and incompatibilities of senior management and management personnel will be in force for the high positions of the General Administration of the State.

5. In relations with the organs of the State Administration and the Institutions, the heads of the House, the General Secretariat, the Fourth Military and the Directorate-General staff, will be assigned to the Ministers, respectively. State, Deputy Secretaries and Directors-General.

6. With regard to precedence in official acts, the general order of those in the State will be available at any time. "

Six. Paragraphs 5 and 6 are added to Article 10 with the following wording:

" 5. The civil and military personnel at the service of the House of S.M. the King will be subject to the regulations of incompatibilities of the staff to the service of the Public Administrations.

6. The Head of the House will be able to approve a Code of Conduct for the staff at the service of the same, which will be published on the website of the House of S.M. the King. "

Seven. Article 11 (2) is deleted and paragraph 3 shall become paragraph 2 with the following wording:

" 2. Where an official, civil or military officer, passes to the House of His Majesty the King to one of the posts referred to in the preceding paragraph of this Article, he shall cause a discharge in the place where he is destined, and discharge in the Ministry of the Presidency. "

Eight. Article 12 is amended as follows:

" 1. The staff of senior management, management and labour staff shall receive their remuneration from the budget for the maintenance of the House of His Majesty the King to be included in the General Budget of the State, in compliance with the Article 65.1 of the Constitution. The amount of remuneration which, for all the concepts, corresponds to this staff, as well as the remuneration allowances which may be freely allocated to other staff providing service, shall be determined annually in the budget of the House. at the House.

2. Staff who are a career official of the State, the Autonomous Communities or Local Entities and any officials shall receive their remuneration by the Ministry of the Presidency, which is the Department in which they are listed as their relationship to the jobs of these officials in the House. "

Nine. Article 13 is amended as follows:

" 1. For reasons of administrative economy, the House of S.M. the King may use personal and heritage means of National Heritage, of the Mobile Park of the State or other agencies, in accordance with the provisions of its respective regulatory regulations.

2. Likewise, in order to avoid as soon as possible the creation in the House of S. M. the King of organs with functions parallel to those of the State Administration, the different Departments of this will provide to that the reports, opinions or assessments of any nature that the House requests, as well as how many other supports are necessary and contribute to facilitate the fulfillment of the missions entrusted to them.

By the Presidency of the Government it will be established in general according to the criteria or subjects, the procedure to follow for the application, formalization and course of the mentioned information.

For the same purpose, the House of S.M. the King may also conclude collaboration agreements in the field of the General Administration of the State. "

Ten. Article 15 is amended as follows:

" 1. The contractual activity of the House of S.M. the King will be inspired by the principles of concurrency, transparency, efficiency, agility, simplicity and coordination.

2. The Head of the House will approve the Instructions to govern the recruitment, which will be published on their website. "

Once. The first, second, third and fourth additional provisions are deleted.

Twelve. The single final arrangement becomes the second final disposition and a new final provision is added with the following wording:

" Final Disposition first.

By the Presidency of the Government, at the initiative of the Ministers concerned, the necessary provisions for the development of this Royal Decree will be dictated. "

Single end disposition. Entry into force.

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

Given in Madrid, 28 August 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY