FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Cortes have approved and I come to sanction the following organic law:

Preliminary title. Object and scope of application.

Article 1. Object and scope of application.

Article 2. Nature and dependency of the National Police.

Article 3. Applicable legislation.

Title I. Acquisition and Loss of Condition of National Police Career Officer.

Article 4. Acquisition of the status of career officer.

Article 5. Loss of condition of career official.

Article 6. Rehabilitation.

Title II. Rights.

Chapter I. Individual rights.

Article 7. Individual rights.

Chapter II. Collective exercise rights.

Article 8. Collective exercise rights.

Title III. Duties of the National Police. Code of Conduct. Responsibility and legal and economic protection. System of incompatibilities.

Chapter I. Duties and Code of Conduct.

Article 9. Duties.

Article 10. Code of conduct.

Chapter II. Responsibility, legal and economic protection.

Article 11. Responsibility of the officials.

Article 12. Wealth responsibility of the administration.

Article 13. Civil liability insurance and defence.

Article 14. Material damage to the service or to the service.

Chapter III. System of incompatibilities.

Article 15. Incompatibilities.

Title IV. Regime of the career officials of the National Police.

Chapter I. General provisions.

Article 16. From the career officials of the National Police.

Chapter II. Organization.

Article 17. Structure.

Article 18. Functions.

Article 19. Assignment of functions.

Article 20. Specialties.

Chapter III. Escalafon and Personnel Registration.

Article 21. Escalafon.

Article 22. Personnel Registration.

Title V. Uniforms, flags, and weaponry.

Article 23. Uniformity and flags.

Article 24. Weaponry.

Title VI. He entered the National Police.

Article 25. Guiding principles.

Article 26. Requirements.

Article 27. Selection process.

Article 28. Courts.

Title VII. The training in the National Police.

Article 29. Criteria and structure.

Article 30. Training scheme.

Article 31. Collaboration conventions.

Article 32. Income training and specific professional training.

Article 33. Lifelong learning.

Article 34. The specialization.

Article 35. High professional studies.

Article 36. Teaching centers.

Article 37. Regime of the students of the educational institutions.

Article 38. Teachers.

Article 39. National Police Corps Training University Center.

Title VIII. Professional career and internal promotion.

Article 40. Professional career.

Article 41. Internal promotion.

Article 42. Contest-opposition.

Article 43. Selective seniority.

Title IX. Management and provision of jobs.

Chapter I. Management of National Police Personnel.

Article 44. Staff of the National Police.

Article 45. Catalogue of jobs.

Article 46. Targets.

Chapter II. Provision of jobs.

Article 47. Procedures for the provision of jobs.

Article 48. Rules and guarantees for the provision of jobs.

Article 49. Mobility.

Article 50. Personal grade.

Article 51. Performance evaluation.

Title X. Administrative situations.

Chapter I. Administrative Situation Classes. Active service, special services and service in other public administrations.

Article 52. Classes.

Article 53. Active service.

Article 54. Reentry to the active service.

Article 55. Special services.

Article 56. Service in other public administrations.

Chapter II. Excess.

Article 57. Modes of excess.

Article 58. Voluntary leave of absence for particular interest.

Article 59. Voluntary leave by family group.

Article 60. Leave of absence for family care.

Article 61. Leave for reason of gender-based violence.

Article 62. Voluntary leave for service provision in the public sector.

Chapter III. Suspension of functions.

Article 63. Suspension of functions.

Article 64. Firm suspension.

Article 65. Provisional suspension.

Chapter IV. Second activity.

Article 66. Situation of second activity.

Article 67. Causes.

Article 68. Move to second activity due to insufficient psycho-physical skills.

Article 69. Move to second activity on your own request.

Article 70. Reentry to the active service from the second activity situation.

Article 71. Move to other situations from second activity.

Article 72. Competence to resolve.

Article 73. Remuneration in the situation of second activity.

Article 74. Remuneration peculiarities.

Article 75. Trienes and passive rights.

Article 76. Disciplinary regime.

Title XI. Social protection and remuneration.

Article 77. General principles of social protection.

Article 78. Temporary incapacity.

Article 79. Injuries, pathologies and material damage in service.

Article 80. Assessment and control of psycho-physical conditions.

Article 81. Social action.

Article 82. Remuneration.

Title XII. Rewards and honors.

Article 83. Rewards.

Article 84. Dedication to the police service.

Article 85. Honorary promotions.

Article 86. Officials and honorary members.

Article 87. Retired officials.

Title XIII. Arrangements for the representation and participation of officials.

Chapter I. Trade union organizations in the National Police.

Article 88. Constitution of trade union organisations.

Article 89. Representative trade union organisations.

Article 90. Non-representative trade union organisations.

Article 91. Limits on the right to union and trade union action.

Article 92. Responsibility of the trade union organisations.

Article 93. Exercise of trade union activities.

Chapter II. The Police Council.

Article 94. Organisation and competences.

Article 95. Elections and Mandate.

Chapter III. Arrangements for representation and participation in the prevention of occupational risks.

Article 96. Prevention delegates.

Article 97. Joint bodies for participation.

Additional disposition first. Recognition of trienes.

Additional provision second. Volunteer reservists.

Additional provision third. Appointment of posts with organic level of Deputy Director General and Senior Police Chiefs.

Additional provision fourth. He entered the National Police by career officials of the police corps of the autonomous communities.

Additional provision fifth. Regulatory references.

Additional provision sixth. Eventual upper professional category for missions in missions in international bodies.

First transient disposition. Transitional regime for the requirement of qualifications.

Second transient disposition. Transient stay in the situation of second activity with destination.

Transitional provision third. Transitional pass regime to the situation of second activity.

Transitional disposition fourth. Transitional regime for the stay in the active service of the members of the National Police who have received the option of Article 4 of the Royal Decree-Law 14/2011.

Transient disposition fifth. Transitional arrangements for National Police officers who have the status of a voluntary reserve.

Transitional disposition sixth. Validity of the official university degrees corresponding to the previous ordination.

Transitional disposition seventh. Current development regulations.

Single repeal provision. Regulatory repeal.

Final disposition first. Amendment of Organic Law 2/1986, of 13 March, of Forces and Security Corps.

Final disposition second. Amendment of the Organic Law 4/2010, of 20 May, of the Disciplinary Regime of the National Police Corps.

Final disposition third. Amendment of Law 8/2006, of 24 April, of Troop and Marineria.

Final disposition fourth. Amendment of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism.

Final disposition fifth. Amendment of Law 66/1997 of 30 December 1997 on fiscal, administrative and social order measures.

Final disposition sixth. Amendment of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Final disposition seventh. Amendment of Organic Law 11/2007, of October 22, regulating the rights and duties of members of the Civil Guard.

Final disposition octave. Competence title.

Final disposition ninth. Regulatory development.

Final disposition tenth. Character of Organic Law.

Final disposition eleventh. Entry into force.

PREAMBLE

I

The Spanish Constitution, in its article 104, states that the Security Forces and Corps, under the government's dependence, will have the mission to protect the free exercise of rights and freedoms and to guarantee security. citizen, a mandate that extends to the determination of the functions, basic principles of performance and statutes of the Security Forces and Corps, which must be carried out through an organic law.

In compliance with that constitutional mandate, the Organic Law 2/1986 of 13 March of Forces and Security Corps, which develops the state competition of public security, was enacted, attributing to the Forces and Corps State Security, inter alia, the functions of ensuring compliance with laws and general provisions, assisting and protecting persons and property, maintaining and restoring, where appropriate, citizen order and security, preventing and investigate the commission of criminal acts, as well as capture and analyze how much data are of interest to order and public security.

Through this rule, the integration of the National Police and Police Corps was carried out in a single National Police Corps, in order to provide the police institution with a rational organization and coherent, while solving possible problems of coordination and command by unifying both bodies in a single collective.

Likewise, the Organic Law 2/1986, of March 13, laid down the general principles of the statutory regime of National Police Corps officials, which set up a police organization based on criteria of professionalism and effectiveness, giving particular importance to the continuing training of civil servants and to the professional promotion of civil servants.

Thus, along with the basic principles of action and the functions attributed to the National Police Corps, other essential aspects, members of the professional status of its members as its members, were regulated. structure, professional promotion, collective representation rights, the Police Council or the incompatibilities regime, seeking to maintain the necessary balance between the recognition and respect of personal rights and (a) professional and necessary adaptations to be made in the exercise of some of these rights, due to the special characteristics of the police function.

This basic regulation was complemented by a set of rules of a regulatory nature, thus obeying the mandate provided for in the Organic Law 2/1986 of 13 March, which have developed different issues. concerning the entry, training, selective processes, provision of jobs, or disciplinary arrangements, among others, thus forming their current staff arrangements, including several articles of Decree 2038/1975 of 17 July, approving the Organic Police Regulations, which are still in place in the

In this context, considering the time since the approval of the Organic Law 2/1986 of March 13, the changes in the regulations regarding the regulation of the civil service, singularly the approval of the Law 7/2007, of 12 April, of the Basic Staff Regulations, and the very evolution of the police institution in its gradual adaptation to social demands, it is necessary to update and fix, by means of a standard with the appropriate legal status, the general statutory regime of its officials, adapting it to its needs organizational and functional and the demands of the collective that integrates it.

II

This Organic Law is structured in a preliminary title, thirteen titles, six additional provisions, seven transitional provisions, one derogating provision and eleven final provisions.

Through it, all those essential aspects of the regime of National Police personnel that are currently regulated in a different manner in different range norms will be brought together in a standard with legal status. To this end, the line marked by the Basic Staff Regulations, in an orderly manner, is complete and adapted to the current reality.

The preliminary title contains its object, scope, nature and dependence of the National Police, distinguishing between the top command, which will be exercised by the Minister of the Interior, through the Secretary of State Security and direct command to be exercised by the Director General of the Police, under the authority of the Secretary of State for Security.

One of the novelties of the preliminary title and of the Law in general is the name that it uses when referring to the National Police Corps, making it the most commonly used by the citizens of the National Police. is that it simultaneously moves its members as national police officers. This measure aims to consolidate the corporate image of the institution and contribute to a greater and better integration in the society it serves, which does not prevent the National Police Corps from maintaining its identity, which is necessary for to build on and consolidate the tradition and continuity that the police institution needs to deploy its activity inside and outside Spain.

In addition, the applicable legislation is related, recalling the nature of the law of the civil servants of the General Administration of the State, as well as the direct application of some of the forecasts contained in the Basic Staff Regulations, such as the guiding principles for access to public employment, gender mobility and the transitional application of the classification groups.

The reference to equal treatment and equal opportunities for women and men as a principle of information for the interpretation and application of its provisions, in particular in the field of income, should also be highlighted. training, professional promotion and working conditions, in accordance with the provisions of the Organic Law 3/2007 of 22 March on effective equality between women and men.

Title I collects, without changes with respect to the current regulations, the requirements for the acquisition of the status of a career official of the National Police, the causes for which this condition is lost, as well as its rehabilitation.

Title II contains a detailed relationship of individual rights and collective rights of exercise.

In relation to individual rights, while some of them are rights that do not require express recognition, they constitute a novelty in their personnel regime, since, for the first time, a The law of the Court of Law of the Court of Law of the European Union

the European Union of the European Union of the European Union of the European Union of the European Union of the European Union

Likewise, it is to resend the incorporation into its statutory regime of the right to the administration to adopt measures that favor the reconciliation of personal, family and work life, also rising to the category of the permits and licences listed in this Title II.

With regard to the rights of collective exercise, it is worth mentioning that the text welcomes the rights of collective representation contained in article 18 of the Organic Law 2/1986, of March 13, as they are the right of the members of the police institution to constitute trade union organizations at national level for the defence of their professional interests, to join them and to participate actively in them; in any case, respecting the limits and restrictions on the matter covered by the above standard, in particular the one relating to the exclusivity of membership of trade union organisations formed solely by National Police.

Title III develops the regime concerning the duties, where, in addition to the enumeration of the same and the reference to the basic principles of action of the regulations in force in the matter of forces and bodies of security, As a code of conduct, the new regulation of the obligation to submit officials in the case of a declaration of a state of alarm, in accordance with the provisions of the Organic Law 4/1981 of 1 June of 1 June, should be highlighted. the states of alarm, exception and site, as well as the improvement of the regime of cancellation of the sanctions prescribed.

The regulation that is made in this title of the duty of residence, which seeks to strike a balance between the freedom of choice of the domicile and the demands derived from the fundamental and delicate mission that the Constitution entrusts the Security Forces and Forces, establishing for this purpose the territorial scope that, according to objective criteria, is determined with respect to the target template.

For their part, the legal and economic protection of civil servants is strengthened, with the hiring of a liability insurance to cover the compensation, bonds and other amounts derived from the requirement of the responsibility of any nature to the National Police, on the ground of the actions carried out by them in the performance of their duties or on the occasion of their duties.

With regard to the incompatibilities regime, it has been used to regulate a system according to the peculiarities of the police function, which allows a second job, in general, to be carried out in line with the The Court of Justice has recently recognized the compatibility requested by members of the Security Forces and the Security Corps to carry out other activities; although they establish two limits of their own status as National Police. On the one hand, that this second job does not result in a deterioration in the image or prestige of the institution and, on the other hand, that it is not contrary to its basic principles of action.

In Title IV, dedicated to its organizational system, the bases of its structure are set, as a body ordered hierarchically in scales and categories, giving a new approach to the functions assigned to each of the first, with the purpose of harmonising and rationalising the management of its staff, the operability of services and the different degrees of responsibility for police activity.

The four scales are maintained: Top, Executive, Subinspection, and Basic.

Also, the recognition of the integration, for all the effects, of the Subinspection and Basic Escalations in the Subgroups of Classification A2 and C1, respectively, is carried out, as well as the requirement of the qualifications required by Law 7/2007, of 12 April, for the entry into the respective classification groups in which these scales and categories are covered.

The functions are assigned by scales, attributing to each of them, in coherence with their position in the hierarchical structure, the functions of management, command, supervision and material execution; which contributes to a distribution ordered for the benefit of better internal functioning. In addition, the areas of activity in which, in turn, are structured the different specialties in which the National Police operate.

Title V determines, without changes, the general framework of the regulation of uniformity, distinctive and armament, establishing the uniform body character of the institute, but recognizing the possibility of acting without uniform, depending on the destination or the service to be performed. Likewise, the obligation to be provided, for the duration of service, of any of the weapons established as regulations, is fixed.

In its title VI, the modalities of entry into the National Police are determined, which are articulated through the system of free opposition, in accordance with the constitutional principles of equality, merit and capacity, in addition, and among others, the principles governing the advertising of the calls and their bases, transparency, objectivity, impartiality and professionalism of the members of the selection bodies.

The criteria for professional conditions and access to the National Police are established in relation to the conditions set out in these aspects for the different Security Forces and Forces operating in the country. national territory. In this regard, the abolition of the maximum age requirement to enter, both through the Executive Scale and the Basic Scale, on the basis of the principles of equality and non-discrimination in access to public employment, should be reviewed.

In Title VII the applicable principles are developed, as well as the purpose and objectives inherent in the training regime, with respect to each of its modalities; be it the integral formation for the income, the vocational training specific to internal promotion, continuing training for the updating of knowledge, specialization or training in high professional studies for the proper performance of managerial positions, all key and key axes, around which the effective performance of the functions they have entrusted.

The formation, based on respect for the fundamental rights and public freedoms recognized in the Constitution, is regulated with the level that corresponds to it as a priority element in the police career, as it is configured as a unitary and progressive process, which requires a complete and rigorous training system.

Continuing vocational training and specialisation is recognised as an individual right but, in turn, keeping this vocational training and qualification up to date becomes a duty.

It is important to note the acquisition of a commitment, by those who perform high professional studies, to remain in the situation of active service or special services for a minimum period of three years, normal practice in this training class, whose failure to comply with the obligation to enter into the Treasury the amount of such studies.

As regards the teaching centres and the scheme of their pupils and teachers, the name of the pupils and the assistant inspectors during the training phase or the implementation of the training course has been unified. the practices, respectively, whether they are accessed by internal promotion or by free opposition, thus avoiding distinctions between students according to their mode of access to the category of inspector.

Title VIII deals with the professional career and internal promotion in the National Police, which is articulated according to the principles of equal opportunities, merit, capacity and, where appropriate, seniority, through the basic modalities of concurrent opposition and selective seniority.

The novelty of the possibility of promotion by internal promotion to all categories, by any of the two modalities, should be reviewed; deleting the current limitation that allows only to be promoted by the opposition to the Category of Police Officer and by selective seniority to the Chief Commissioner.

In addition, the maximum number of calls in which it will be possible to participate by selective seniority, is raised from two to three, thereby relaxing the conditions of this mode of internal promotion for the benefit of the professional career. of the National Police.

As regards the requirements for promotion by internal promotion, it is required to be in possession of the qualification corresponding to the classification subgroup, with a transitional period of five years in relation to this requirement for applicants for promotion to any of the categories.

For their part and in order to promote the professional development of the official and its compatibility with the reconciliation of work and family life, as well as the effective implementation of the principle of equality for gender, National Police may participate in internal promotion processes which are in a situation of leave of absence due to family or leave of absence due to gender-based violence; participation which is currently only permitted from the active service or special services situation.

Title IX regulates the management and systems of the provision of jobs, establishing the general principles that govern them, as well as the concrete rules of provision.

The distribution of the jobs in the catalogue is ordered, as it cannot be otherwise, according to the principle of hierarchy, collecting for the first time a rule according to that principle that prevents a Police National may be subordinate to a lower category because of the job that it occupies or to which it is attached, thus correcting situations that were happening in practice.

The recognition of the right of National Police to continue to be active until the age of retirement, and to carry out activities appropriate to their psycho-physical conditions in the case of to reduce the use of human resources in order to optimise the use of human resources.

In this title, the rules and guarantees of the provision of jobs are collected, among which the new configuration of the regime for the appointment of managerial posts of the National Police and senior heads of police, in order to give effect to the principles of advertising and equality in access to public employment. The so-called horizontal career is also regulated, which is configured as the individualized recognition of the professional development achieved by the National Police officers, through the progression in the structure of the different jobs and the consolidation of the personal level.

In terms of mobility, due attention is given to the protection afforded to women police victims of gender-based violence, whose objective is to ensure, in this case, their comprehensive protection and social assistance, through the the right to geographical mobility to another post of work of the scale or category of the official, of similar characteristics, without the need for this to be necessary cover. In addition, mobility is envisaged for own or family health reasons, as well as for those National Police declared victims of terrorism.

Special reference deserves the performance evaluation system, a novelty incorporated by the Basic Staff Regulations of the Public Employee, which is now also implanted in the National Police personnel regime, with the objective of measuring performance and achievement of results, in accordance with criteria of transparency, objectivity, impartiality and non-discrimination, in which the representative trade union organisations shall participate.

In matters of administrative situations, Title X intends to adapt the provisions on this subject contained in the aforementioned Basic Staff Regulations, to the peculiarities inherent in the National Police; consistent with the regulation contained in the previous title, the regulation of the administrative situation of surplus due to the gender-based violence of women, whose purpose is to make their protection effective and their right to comprehensive social assistance. Similarly, and in order to make the exercise of the constitutional right to stand as an effective exercise effective, the new configuration of the situation of special services must be reviewed in order to enable the National Police to have access to Non-remunerated as a member of a legislative assembly of an autonomous community or a local corporation, may be included in such a situation.

Re-entry to the active service from administrative situations that do not entail a job reserve is subject to compliance with two new requirements, consistent with the necessary psycho-physical conditions. for the provision of the service and to carry out a refresher course which will not be selective. As a consequence of the importance which, in order to develop police functions, it is necessary to have adequate conditions and up-to-date training, all in the light of the general interest which the activity of the administration.

In the case of voluntary leave of absence of particular interest and family grouping, the minimum period of duration of two years has been reduced to one, in order to avoid the need to remain in that situation longer than it is necessary, the official being able to incorporate the year if it is deemed appropriate without having to extend the surplus compulsorily for another year.

Special mention requires the situation of the second activity, specific to the National Police, whose objective is to guarantee the proper psycho-physical fitness of the officials while remaining in active, in order to assure the effective provision of the police service. For these purposes, and in order to achieve greater legal certainty, the whole regulatory regime for this special administrative situation is inserted, and the Law 26/1994 of 29 September, which regulates it, is to be repealed in its entirety.

In short, a regime similar to the current one is maintained, so that the causes to move to the situation of second activity will be the same, either because of the insufficiency of the psycho-physical aptitudes, or at its own request (a) the extent to which the age of the population is determined according to the level of membership, the age of which is generally higher than that provided for in the legislation in force, or 25 years of effective service according to the categories authorized by the Minister of the Interior every year.

On the other hand, and in line with the right of National Police to continue to be active until the age of retirement, in the case of a decrease in psycho-physical skills that is not a cause of the situation of retirement or second activity, the development of activities appropriate to these conditions, in accordance with the training and category of the official.

Finally, and in order to respect the expectations of the National Police, they include, through the third transitional provision, a series of rules by which the ages of pass to this situation are maintained in role of the moment of entry into the institution, which are in force at the entry into force of this Organic Law.

Title XI, aimed at regulating social protection and the remuneration regime, gives treatment to the general principles of these matters and establishes the mechanisms through which they are carried out. It also regulates the temporary incapacity and the evaluation and control of psycho-physical conditions, as well as the system of social action, in the framework of which specific programmes of a periodic nature will be developed and whose purpose is the socio-employment welfare of civil servants and their families.

This is a specific and specific regime that finds justification in the situation of greater vulnerability in which the National Police are located in relation to the rest of the staff in the service of the Administration. belonging to the Security Forces and Corps, both in relation to the injuries and pathologies suffered in the act of service, as in the case of material damage occurring in the same situation.

In addition, the basis of their remuneration regime is established, to be developed by their specific regulations.

Title XII contemplates the regulatory framework for rewards and honors, instruments to which this organic law attributes the necessary flexibility to fulfill its mission of awarding National Police officials who, in the exercise of their duties, credit exceptional qualities or merits of value, sacrifice or self-denial that are in the interests of the corporation, a well-developed work or professional career that is relevant and dilated.

Finally, Title XIII establishes the general rules of the regime of representation and participation of officials, where there are no major differences regarding how it is regulated in the Organic Law 2/1986, of 13 March, except some changes aimed at giving greater clarity to the differentiation between representative and non-representative organisations, especially when determining the powers conferred on them by the law for the exercise of their function.

passage omitted] (El Universo, 15 March) Police Participate In The Police Force -- The law emphasizes the importance of the Police Council, a collegiate body for participation, with a joint composition of the administration and representatives of the members of the National Police, in (a) the right to vote as electors and electors and to be eligible, by entrustment to that body of new tasks relating to the professional status of officials, including participation in the determination of the criteria according to which the territorial scope is established where the fixing is authorised of the residence of the officials, or the setting of the general criteria and mechanisms for the assessment of performance.

This title culminates with a reference to the regime of representation and participation of the officials in the field of prevention of occupational risks, collecting the figure of the delegates of prevention, as well as the organs to through which the scheme is articulated.

Among the measures contained in the additional provisions is the incompatibility between the status of an official of the National Police and that of a voluntary reserve of the Armed Forces, as long as the protection of the The free exercise of rights and the guarantee of citizen security are the essential missions of National Police officers in peacetime, much more so in the event of a serious crisis or conflict. Likewise, the possibility of entry into the National Police has been established, through the system that is regulated by law, of career officials of the police corps of the autonomous communities.

In addition, the possibility of having an upper category that favors occupying posts when it is destined for international missions or agencies, as it has been happening in other police officers, is also included.

For their part, the transitional provisions include, among other things, the maintenance in force of the rules of the regulatory nature in force as long as the one that comes to replace it is published, as well as the transitional of the change of name of the institution, or the rules applicable to the officials in the situation of second activity with destination.

Among the rules that are expressly repealed, certain precepts of the Organic Law 2/1986 of 13 March, referring to the regime of representation of the officials, as well as the repeal, in its entirety, of the Regulation are highlighted. Organic Police Gubernativa.

On the other hand, in the scope of the final provisions, the Organic Law 4/2010 is amended, of May 20, in addition to identifying the precepts that have an organic law character.

III

In short, the personnel regime of the National Police's career officers has been brought together in a single legal text, respecting the constitutional principles that inform the task assigned to the members of the National Police. Security forces and bodies, all in line with the new developments in the field of public service in recent years, in line with the specific features of the police function, and the ultimate aim of which is to provide citizens with a effective and quality service.

PRELIMINARY TITLE

Object and Scope

Article 1. Object and scope of application.

1. This Organic Law aims to establish the staff regime of the National Police's career officials, as well as the rights they have and the duties that are required to them, according to their character as an armed institute of civil nature.

2. The career officials of the National Police in a situation other than that of active duty are included in their scope, with the extension and limits established in the regulatory norms of their specific situation administrative.

3. It will also apply to students from the National Police's teaching centers, as not provided for in their specific regulations.

Article 2. Nature and dependency of the National Police.

1. The National Police is an armed institute of civil nature, with a hierarchical structure that has as its mission to protect the free exercise of rights and freedoms and to guarantee citizen security, with scope of action throughout the territory. national.

2. This mission materializes through the performance of the functions attributed by the legal system to the National Police, and in particular those provided for in the Organic Law 2/1986, of March 13, of Forces and Security Corps. To this end, it shall have the material and human resources necessary for the effective exercise of its mission.

3. The attribution, sorting, and performance of functions and responsibilities are based on the hierarchy principle.

4. The top command of the National Police will be exercised by the Minister of the Interior, through the Secretary of State for Security. The direct command shall be exercised by the Director General of the Police, under the authority of the Secretary of State for Security.

5. National Police career officials will receive the generic designation of National Police.

Article 3. Applicable legislation.

1. The statutory regime of the National Police will be adjusted to the provisions of this Organic Law and to the provisions that develop it, with the law of civil servants of the General Administration of the Status.

2. Articles 55 and 82, and the third transitional provision of Law 7/2007, of 12 April, of the Basic Staff Regulations, shall be directly applicable to the staff of the National Police.

3. Equality of treatment and opportunities between women and men, as a principle of the legal system, will be observed in the interpretation and application of the rules governing access, training, professional promotion and the working conditions of the National Police, in accordance with the provisions of the Organic Law 3/2007 of 22 March for the effective equality of women and men.

TITLE I

Acquisition and loss of status as a National Police career officer

Article 4. Acquisition of the status of career officer.

The status of the National Police's career officer is acquired by following the following requirements:

a) Superation of the selective process.

b) Appointment by the competent authority.

c) Act of compliance with the Constitution and the rest of the legal system.

d) Take possession within the set deadline.

Article 5. Loss of condition of career official.

1. They are causes of loss of the condition of National Police career officer:

a) Retirement.

b) Waiver of official status.

c) The loss of Spanish nationality.

d) The disciplinary sanction of separation of the service that has a firm character.

e) The principal or ancillary penalty of absolute or special disablement for the exercise of employment or public office which has a firm character.

2. Retirement may be:

(a) Voluntary, at the request of the official, provided that he meets the requirements and conditions laid down in the Social Security regime applicable to him.

(b) Forzosa, which shall be declared ex officio when the official is satisfied of sixty-five years of age, provided that the conditions required for this are met in the social security system applicable to him.

c) By the declaration of permanent incapacity for the exercise of the functions assigned by the National Police.

3. The voluntary waiver of the status of a career official shall be made in writing and shall be expressly accepted by the administration within a maximum period of three months, unless the official is subject to disciplinary or disciplinary action. has been issued against him or her against self-prosecution or the opening of an oral trial by the commission of a criminal offence.

The waiver of the status of a career official of the National Police does not disable to enter again in the same, in the terms set out in Article 4.

Article 6. Rehabilitation.

1. In the event of termination of the service relationship as a result of loss of nationality or permanent incapacity for service, the person concerned, once the objective cause is missing, may request the recovery of his/her status as a career officer, which shall be granted to him provided that he/she also meets the requirements set out in Article 26.1.

2. The Council of Ministers, acting on a proposal from the Minister of the Interior, may exceptionally grant the rehabilitation, at the request of the person concerned, of those who have lost the status of a career official for having been sentenced to death. principal or accessory to disqualification, taking into account the circumstances and the entity of the offence committed. If the time limit for the adoption of the resolution has not been expressly notified, the application shall be deemed to be dismissed.

TITLE II

Rights

CHAPTER I

Individual rights

Article 7. Individual rights.

1. National Police have the following individual rights:

a) Respect for their privacy, sexual orientation and their own image.

b) To dignity at work, especially in the face of sexual harassment and by reason of sex, morality and work.

(c) Non-discrimination on grounds of birth, racial or ethnic origin, gender, sex or sexual orientation, religion or belief, opinion, disability, age or any other personal or social condition or circumstance.

d) To freedom of expression within the limits of the legal order.

e) To the immobility in the condition of an official of career, which can only be lost due to the causes established in this Organic Law.

(f) To receive from the public administration the defense and legal assistance in the proceedings that follow any court order as a consequence of the legitimate exercise of their functions.

g) Free access to your personal file and request for inclusions, corrections, and cancellations of data in the legally intended terms.

h) To progression in the professional career and internal promotion according to the principles of equality, merit, capacity and seniority, and in accordance with the requirements laid down in this Organic Law.

i) To permanent and specialized vocational training, preferably in working hours.

(j) To the perception of the remuneration and, where appropriate, the compensation for the service that corresponds to them.

k) Information, training and effective protection in the field of safety and health at work.

(l) The attachment and performance of a job of its scale, category or sub-group of classification, in accordance with the principles of merit, capacity and seniority and in accordance with the requirements laid down in regulation the procedures for the provision of jobs.

m) The performance of functions appropriate to their psycho-physical conditions under the conditions laid down in this Organic Law.

n) To participate in the achievement of the objectives attributed to the unit where it provides its services and to be informed by its superiors of the tasks to be carried out.

n) To the information, in charge of its immediate boss, of the results of the evaluations carried out, in particular on the fulfillment of objectives and appreciation of the performance.

or) To the rewards and decorations of which creditors are made, as well as to the ostentation of the latter on the garments of uniformity, in the terms that they regulate are determined.

p) The adoption of measures that favor the reconciliation of personal, family and work life, in the terms that are regulated.

q) To the enjoyment of paid annual leave, or to the days that correspond to them if the effective working time is less, and to the permits and licenses provided for in the regulatory norms of the public function of the General Administration of the State, in the terms and conditions that are regulated, taking into account the nature and peculiarities of the provision of the police service.

r) To healthcare and social benefits.

s) To retirement, under the terms and conditions set out in the applicable rules.

t) Other rights expressly recognized by the legal system.

2. The Government shall promote the social consideration of the work of the officials of the National Police Corps, in the exercise of their duties, taking into account the dignity of the police service.

CHAPTER II

Collective Exercise Rights

Article 8. Collective exercise rights.

1. National Police have the right to constitute national trade union organizations for the protection of their professional interests.

2. By way of derogation from the above paragraph, only trade union organisations formed exclusively by National Police may be affiliated. Such organisations may not be federated or confederated with others which are not, in turn, exclusively made up of members of the National Police, although they may be part of international organisations of the same character.

3. They also have the following rights that are exercised collectively:

a) To union and to union action, in the form and with the limits normatively foreseen. They may not, under any circumstances, exercise the right to strike or replace them, or concerted action in order to alter the normal operation of the services.

b) To collective bargaining, understood, for the purposes of this Law, as participation through representative trade union organizations, within the Police Council or at the tables that are set up in the framework of the that body, in determining the conditions for the provision of the service by means of the standard procedures laid down.

c) To be informed, through the trade union organizations, of the data provided by the Directorate General of the Police in respect of the subjects that are the subject of study, participation and report by the Police Council or by other bodies for consultation and participation of officials.

d) To the approach of collective conflicts in the Police Council.

TITLE III

Duties of the National Police. Code of Conduct. Responsibility and legal and economic protection. System of incompatibilities

CHAPTER I

Duties and Code of Conduct

Article 9. Duties.

National Police have the following duties:

a) Jurate or pledge fidelity to the Constitution and the rest of the legal order, ensuring compliance and respect.

b) Exercise their duties, functions or charges with loyalty and impartiality, serving with objectivity the general interests.

c) To obey and execute the orders they receive from the authorities or officers of those who are dependent, provided that they do not constitute a criminal offence or are manifestly contrary to the legal order.

d) Collaborate with the Administration of Justice and assist it in the legally anticipated terms.

e) Maintain professional secrecy in relation to matters that are known to you on the basis of your positions or functions and do not misuse the information obtained.

f) Save secret of classified or other materials whose dissemination is legally prohibited.

g) Vellar for the preservation of documents, effects and information in your capacity.

h) Porting and using the weapon in the cases and in the forms provided for in the current regulations.

(i) to submit or to make immediate provision of the dependency where it is intended, or at the nearest, in the cases of declaration of states of exception or site or, where that is available, in the event of a serious disturbance of the citizen security.

In the case of a state of alarm declaration, they must be presented when they are placed to do so, in accordance with the provisions of the competent authority, in the cases where the collaboration of the Forces is required. State Security Bodies.

j) Salute and correspond to the greeting, in the terms that are regulated.

k) Inform citizens on matters that have the right to know and facilitate the exercise of their rights and the fulfilment of their obligations.

l) To support your colleagues and other members of the Security Forces and Corps, when required or required to intervene.

m) Observe the incompatibilities regime.

n) Meet the uniformity rules.

n) Keep and use the equipment, premises and other material means necessary for the exercise of the police function properly.

o) Meet promptly and enforce the rule of day and regulations in place.

p) Fulfill the duties or tasks assigned to them and those entrusted to them by their bosses or superiors, being responsible for the proper performance of the services in their capacity.

q) Use regulatory channels when making requests or claims related to the service, and inform the superiors of any incidents that may affect the service or occur in the development of the service same.

(r) Keep up to date their vocational training and qualifications, as well as to keep in force the administrative authorizations they enable for the exercise of the activities required to obtain the status of an official National Police career.

s) Reside in the territorial scope that is determined based on the target template. To this end, the objective criteria on the basis of which this territorial scope will be determined will be set, where the residence of the National Police will be authorized, guaranteeing, in any case, the proper fulfillment of the service.

Article 10. Code of conduct.

The National Police will perform the duties entrusted to them in accordance with the basic principles of action contained in the current regulations of Security Forces and Bodies, as well as the lines marked by the Declaration on the Police contained in the Resolution of the Parliamentary Assembly of the Council of Europe of 8 May 1979, and Resolution 169/34 of 1979, of the United Nations General Assembly, which contains the Code of Conduct for officials charged with enforcing the law.

CHAPTER II

Responsibility, legal and economic protection

Article 11. Responsibility of the officials.

Failure to fulfil the duties expressed in the previous articles shall be sanctioned in accordance with the provisions of the rules governing the disciplinary regime of the National Police, regardless of the responsibility civil or criminal in which they may incur, which will be effective in the form that determines the legal order.

Article 12. Wealth responsibility of the administration.

The responsibility of the General Administration of the State, derived from the acts carried out by the National Police on the occasion or occasion of the service provided by the latter to the administration, will be governed by the (a) the rules governing the legal status of public administrations and the common administrative procedure.

Article 13. Civil liability insurance and defence.

1. The Administration is required to provide the National Police and Defence Police with legal assistance in the proceedings to be followed in any court order, as a consequence of the legitimate exercise of their duties.

2. The Administration shall provide civil liability insurance, or other financial guarantee, to cover the indemnities, sureties and other amounts arising from the requirement of liability of any nature to the National Police, with the reason for the action taken by them in the performance of their duties or on the occasion of their duties, in the terms which they regulate are laid down.

Article 14. Material damage to the service or to the service.

The Administration shall provide financial compensation to the National Police when they suffer material damage on the spot or on the occasion of the service, without having to mediate for their part, negligence or serious impericia, in the terms that rules are set out.

CHAPTER III

Incompatibilities Regime

Article 15. Incompatibilities.

1. The national police officers will be subject to the incompatibilities scheme provided for in the general legislation applicable to civil servants in the service of public administrations, with specialties which, in the light of the nature of the function police, are established in this Organic Law and in its development regulations.

2. In no case shall the compatibility be authorised to carry out a second job, post, profession or activity, public or private, which may prevent or undermine the strict performance of its duties or compromise its impartiality or independence, to be incompatible with the level of the job that takes place, to create a deterioration in the image and prestige of the National Police or to be contrary to its basic principles of action.

3. The Ministry of Finance and Public Administrations, on a proposal from the Director General of the Ministry of Finance and Public Administration, will be competent to resolve the request for compatibility for a second post or activity, both in the public sector and in the private sector. Police. The decision to grant the grant or the refusal shall be expressed. If, after the deadline for issuing and notifying the person concerned, the person concerned has not moved, the application shall be deemed to be dismissed.

4. National police officers in the second activity may carry out professional, work, commercial or industrial activities of a private nature without requiring the recognition of compatibility referred to in paragraph 1. above, provided that they have not been authorized to perform any public activity.

The exercise of activities related to the functions that they have been carrying out during the two years immediately preceding the transition to the second activity situation shall be subject to the prior authorization of the Director General. of the Police for a period of two years, counted from the day following that of the date of transition to that situation.

5. The rules for the development and application of the general rules for incompatibilities of staff at the service of public administrations will be dictated, in order to adapt it to the specific structure and functions of the National Police, as provided for in this Organic Law.

TITLE IV

Regime of National Police Race Officials

CHAPTER I

General provisions

Article 16. From the career officials of the National Police.

[El Comercio] It is the National Police's career officials who, by virtue of legal appointment, are linked to the General Administration of the State, as members of the State Security Forces and Corps, for a the statutory statutory right, for the performance of paid professional services of a permanent nature.

CHAPTER II

Organization

Article 17. Structure.

1. The National Police Corps is structured in Escalas and, within these, in Categories:

a) Top Scale, with two Categories:

First: Chief Commissioner.

Second: Commissioner.

b) Executive Scale, with two Categories:

First: Chief Inspector.

Second: Inspector.

c) Subinspection Scale, with the Sub-Inspector category.

d) Basic Scale, with two Categories:

First: Police Officer.

Second: Police.

2. In the case of a woman's ownership, the nomenclature of the Categories shall be as follows:

Commissioner.

Inspector.

Subinspector.

3. The scales are classified in the following professional groups and subgroups:

a) The Top and Executive Escalations are ranked both in Group A, subgroup A1.

b) The Sub-Inspection Scale is classified into Group A, subgroup A2.

c) The Basic Scale is classified into Group C, subgroup C1.

4. The National Police will have the seats of faculty and technicians, integrated respectively in the A1 and A2 classification sub-groups, which are necessary for the coverage and support of the police function, and which will be covered among the career of any of the public administrations, in accordance with the system that is regulated by law.

Exceptionally, and in accordance with the provisions of the corresponding State General Budget Laws, specialists may be temporarily hired for the performance of such functions, as long as the circumstances that are so required, and it is established that the needs cannot be met with the existing personal means.

5. In order to access the scales and categories of the National Police and the places of faculty and technicians referred to in the previous paragraphs, it will be necessary to be in possession of the official academic titles required by Law 7/2007, of 12 April, for the entry into the respective classification groups in which these scales and places are framed.

Article 18. Functions.

1. It corresponds to the National Police, according to their membership of the different scales, ordered hierarchically by categories, the performance of the following functions:

a) On the Top Scale, the direction of police services.

b) To the Executive Scale, the command of police services.

c) To the Sub-Inspection Scale, the supervision of police services.

d) To the Basic Scale, the material execution of the functions entrusted to the National Police.

2. In addition, it is up to each scale, from their respective level of responsibility, to plan, coordinate, boost, monitor and control the police services they have attributed.

3. Also, it is up to career officials to fill in posts with optional or technical staff, to assist the police function, with the tasks of the profession for which the exercise enables the qualifications required, as well as those other functions that require specific and specific knowledge of a particular training.

Article 19. Assignment of functions.

1. The National Police are obliged to carry out the functions that demand the execution of police services and the needs of citizen security, other than those corresponding to the job they perform, always which are appropriate for their scale or category and without merit in remuneration, in duly motivated cases and for the minimum time required.

2. Territorial authorities with responsibility for management and control shall organise the integrated services in their field in accordance with the provisions of the rules in force, without prejudice to the functional dependence of such services on their respective specialized central services, distributing among them the assigned material and human resources, under the top management of the police management bodies.

Article 20. Specialties.

1. The National Police will have the necessary specialties to perform those specific tasks in which a certain level of knowledge is required in the following areas of activity:

a) Address and coordination.

b) Information.

c) Judicial Police.

d) Citizen Security.

e) Foreigners and Borders.

f) Scientific Police.

g) Documentation.

h) International Cooperation.

i) Management and Support.

To access each of the specialties it will be necessary to have overcome the corresponding course of specialization and, if necessary, to be in possession of the qualifications or knowledge that in each case determine.

2. The staff member of the various specialties may be required to provide a commitment to remain in the field, as well as the periodic improvement of selective updating tests. Membership of such specialities may also entail the effects to be determined in terms of scale, as well as others of an economic or administrative nature.

3. In accordance with the principles laid down in the preceding paragraphs, the rules, their definition, the requirements and conditions required for the entry, maintenance and cessation of the products, as well as the compatibility between them.

CHAPTER III

Escalafon and Personnel Registration

Article 21. Escalafon.

1. The National Police, whatever their administrative situation, must be included in a scale and circumstantial relationship, in which they will be ordered by categories and, within each of them, by their seniority in the same, understanding as the effective service provided in the category concerned and, where appropriate, taking into account the number of promotion obtained in access to that category.

This relationship will be kept up-to-date and published at least annually, in the form that you regulate.

2. The national police officers in the second activity shall be listed in an annex to that relationship.

Article 22. Personnel Registration.

1. The National Police shall be registered in a Register of Personnel, which shall consist of a computerised database and shall be in charge of the body responsible for the management of personnel.

2. The Register shall be coordinated with the Central Staff Register of the General Administration of the State.

3. In the Register of Personnel, they shall consist of the data that make up the personal file of each National Police, such as those of their identity, facts and circumstances relating to their professional life, as well as other administrative acts affecting them, in any case, respecting the provisions of the rules in force on the protection of personal data.

TITLE V

uniforms, flags, and weaponry

Article 23. Uniformity and flags.

1. The members of the National Police Corps shall act in a uniform manner. Depending on the destination they occupy or the service they perform, they may develop their performance without uniform in the form and conditions to be determined.

2. Professional meat and emblem are the distinguishing marks of the National Police.

3. In the uniform they will carry the currencies of their category, emblem or emblem plate and those other distinctive ones that are established regulentarily.

Article 24. Weaponry.

1. National Police shall, for as long as they serve, provide any of the weapons of law or regulations expressly authorized for use in police services, unless a justified cause is advised to do so in accordance with the law. of the destination or the service they perform.

2. By means of the relevant training processes, the National Police will be trained and kept on a permanent basis in an active service situation, so that they are aware of the proper use of weapons and other coercive means. of being employed in police actions.

TITLE VI

The entry into the National Police

Article 25. Guiding principles.

1. The entry into the National Police will be carried out in accordance with the constitutional principles of equality, merit and capacity, through successive overcoming by the aspirants of the different phases that integrate the selection process.

Such entry may be made by access to the categories of Inspector and Police, by the free opposition procedure, in terms of the regulation.

2. The selection process will respond, in addition to the constitutional principles outlined above, to those set out below:

a) Advertising of the calls and their bases.

b) Transparency.

c) Objectivity.

d) Imbias and professionalism of the members of the selection bodies.

e) Independence and technical discretion in the performance of the selection bodies.

f) Equation between the content of the selective processes and the functions or tasks to be developed.

Article 26. Requirements.

1. In order to participate in the selective processes, applicants must meet the following requirements:

a) Having Spanish nationality.

b) Be served 18 years of age and not exceed the maximum retirement age.

(c) Not having been convicted of a criminal offence, or separated from the service of the General Administration of the State, of the autonomic, local or institutional administration, or being disabled for the performance of duties public.

(d) Not to be included in any of the causes of physical or mental exclusion that impede or impair the functional or operational capacity necessary for the performance of the tasks of the National Police. The catalogue of medical exclusions for entry into the National Police will be established regulatively.

e) To make a commitment, by means of a declaration by the applicant, to bear arms and, where appropriate, to use them.

2. In addition to the requirements set out in the previous paragraph, it will be necessary to be in possession of the following academic qualifications:

(a) For access to the category of Inspector, the official degree of university degree shall be required.

b) For access to the Police category, the bachelor's degree or equivalent will be required.

3. Calls may require compliance with other specific requirements which shall be in keeping with the tasks and tasks to be performed.

4. The percentages of vacancies that will be reserved for free opposition entry to the category of Inspector will be established.

Article 27. Selection process.

1. The selection process to be completed by applicants will be appropriate to the academic degree required, the level and characteristics of the training to be completed, as well as the functions to be developed.

2. Regulations will determine the way in which the selective processes, their different phases, and the subjects they will deal with will have to be developed. In addition to the evidence of knowledge, other physical or psychometric tests may be established, which may be used to prove that applicants fulfil the necessary psycho-physical skills for the effective performance of the tasks assigned to them. National Police, as well as to conduct the respective training courses.

Article 28. Courts.

1. It is up to the Director General of the Police to call for the selective entry processes, the appointment of the members of the courts to whom it will be responsible to carry out the qualification of the tests, as well as to ensure the correct development of such processes.

2. The courts will be constituted by an odd number of members, career officials. The members of the National Police shall have at least the professional category to which the participants in the tests aspire, and the remaining members must be integrated into bodies or functions of the same or higher classification subgroup as the above category.

Membership of such courts will always be individual, not being able to be held in representation or on behalf of anyone.

3. The Chair shall be a National Police Officer in active duty, who shall have the same or higher professional category to which the participants in the tests aspire.

4. The staff of election or political designation, interim officials and the staff may not be members of the courts.

5. The designated courts will act with full independence and technical discretion, as well as with impartiality and professionalism. They shall be responsible for the objectivity of the procedure and shall ensure compliance with the basis of the call.

6. The courts will be able to arrange for the incorporation of specialist consultants for all or some of the tests, as provided for in the relevant call, which will be the task of providing advice and collaboration. technical in relation to matters specific to their specialties.

TITLE VII

Training in the National Police

Article 29. Criteria and structure.

1. The training in the National Police is aimed at the achievement of professional training and the permanent updating of its officials. Such training is based on full respect for the fundamental rights and public freedoms recognised in the Constitution.

2. The training is structured in the following ways:

a) Comprehensive training to enter the National Police.

b) Specific professional training for access to scales and categories through internal promotion.

c) Permanent training for the updating of professional knowledge.

d) Specialization to fill jobs in those areas of activity where specific knowledge is needed.

e) Training in high professional studies.

3. The various aspects relating to the training regime in the National Police will be the subject of regulatory development.

4. There will be an updated catalogue of training activities for specialties, with a review of the needs of the latter, of the skills to be obtained and an assessment of the training they require.

Article 30. Training scheme.

1. The training system is configured as a unitary and progressive process, with a vocation to be recognized in the field of the Spanish Educational System, and served in its fundamental part by the teaching structure of the organ in charge of the formation of the National Police.

2. On the proposal of the Minister of the Interior, the training courses that will be cured in the educational centers will be able to be recognized in the field of the Spanish Educational System, according to the current regulations.

Article 31. Collaboration conventions.

1. Institutions or bodies of the General Administration of the State, regional authorities and local authorities, as well as other institutions, universities or national bodies, may be involved in the training system. international, public or private, through the corresponding collaboration agreements or concerts that are signed for this purpose and that specifically interest the teaching purposes.

2. In the field of lifelong learning, pathways of collaboration with representative trade union organisations shall be established in the form and conditions to be determined.

Article 32. Income training and specific professional training.

1. Entry training and specific vocational training for internal promotion access to the different scales and categories will aim to achieve the necessary training of National Police to carry out professionalism and efficiency of the functions that the National Police have entrusted to them as a public service. To this end, the requirements for access, duration, reading burden, content and level of education will be adapted.

2. The Ministry of the Interior, after a report from the Ministry of Education, Culture and Sport, will determine the training plans to govern the courses for admission and professional promotion.

3. The design of the training plans will include, among other guidelines, the general objectives of the training, its contents, as well as the duration of the training cycles, which may be supplemented by practical training modules for the or, where the nature of the functions specific to the scale or category to which it is promoted, for internal promotion so advises.

Article 33. Lifelong learning.

Continuing training will aim to maintain the level of training and updating of National Police through, in particular, the teaching of subjects that have undergone substantial progress.

Article 34. The specialization.

Specialization will be geared to the preparation for job performance in which specific knowledge is necessary, and will have as objectives the training of specialists in specific police areas, as well as as the impact on content in which knowledge and experimentation need to be deepened.

Article 35. High professional studies.

1. For the proper performance of the managerial positions, courses of high professional studies will be convened, which train for the exercise of the functions proper to those positions and have an impact on the knowledge and research of methods and techniques police.

2. Those who undertake the courses of high professional studies shall acquire a commitment to remain in the situation of active service or special services for a minimum period of three years, starting from the completion of the studies.

The failure to comply with this commitment by the National Police will lead to the obligation to enter into the Treasury the amount of the aforementioned studies, in the terms that will be determined.

Article 36. Teaching centers.

1. The National Police's teaching centers are intended to provide training in their different modalities.

2. The organisation and operation of the educational institutions, as well as their academic and disciplinary arrangements, shall be governed by their specific rules.

3. The teaching centres shall be provided with mutual cooperation and support for the development of training plans entrusted to them and in particular with the teaching centres of other police bodies.

Article 37. Regime of the students of the educational institutions.

1. Students from the National Police's teaching centers who aspire to enter the categories of Inspector or Police by free shift will have the consideration of trainee officials. The period of time in which they hold such a condition shall be computed for the purposes of triennial and scale.

During the duration of the training or selective course phase, students or students will be called Inspectors. During the implementation of the practice module, the name of the trainee shall be the practice of Inspectors in practices and practices.

2. Pupils in the National Police's teaching centres who are eligible for internal promotion to the category of Inspector will have the consideration of trainees for the duration of the training or training phase and of the Inspectors attachments during the practice module by performing a job position.

3. Their specific regulations will apply to the trainee officers and other pupils of the National Police's teaching centres.

Article 38. Teachers.

1. The teachers of the schools will be composed of National Police. The procedure for the provision of the teaching centres ' jobs shall be governed by the principles of equality, merit and capacity, in order to ensure an objective, effective and transparent selection of teachers.

2. The teaching and courses will also be taught by experts and professionals of recognized competence in the various subjects, from other Forces and Security Corps, University, Judicial Branch, Fiscal Ministry, Armed forces, General Administration of the State, regional and local authorities, as well as institutions, institutes or schools of training and improvement of recognized prestige.

To this end, the Directorate-General of the Police, on the proposal of the educational institutions, may arrange the delivery of the corresponding classes, either with the professionals, or with the administrations or entities from which rely, through the legally established procedure for each case, and always on the terms that allow for budgetary availability at any given time.

Article 39. National Police Corps Training University Center.

1. In order to provide the training corresponding to the university studies of the Spanish Educational System, a University Training Center of the National Police Corps will be created, attached to one or several universities, depending on the academic aspects, of an Academic Council created for this purpose, and in the structural and operational aspects, of the body responsible for training.

2. The partnership agreements will determine their structure, in which a monitoring and evaluation commission will be integrated into their implementation, their teaching activities, funding and operation.

3. The College of Training of the National Police Corps may recruit teaching staff on a labor basis, through the modalities of specific recruitment of the university.

TITLE VIII

Professional career and internal promotion

Article 40. Professional career.

1. The professional career of National Police officers is configured as the ordered set of opportunities for advancement and expectations of professional progress, in accordance with the principles of objectivity, equality, merit, capacity and, in its case, seniority. It shall consist of the application, in isolation or at the same time, of any of the modalities set out in this Article.

2. The vertical race consists in the access, through internal promotion, to the immediately superior categories that make up the different Escalas of the National Police, in the terms established in this Organic Law.

3. The horizontal career involves the individualized recognition of the professional development achieved by the National Police officers, through the progression in the structure of the different jobs and the consolidation of the degree personnel.

Article 41. Internal promotion.

1. National police officers in active duty, special services, or leave of absence for the care of family members or for reasons of gender-based violence may be promoted by internal promotion to the category higher than that which they hold, prior to compliance with the requirements to be determined by regulation.

The categories of Police Officer, Sub-Inspector, Inspector, Chief Inspector, Commissioner and Chief Commissioner will be accessed by the forms of concurring and selective seniority.

2. The percentages of vacancies reserved for both the opposition and the selective age in the processes of promotion for internal promotion will be fixed. Similarly, the percentages of vacancies that will be reserved for access to the category of Inspector will be established, both in free opposition and internal promotion.

3. The promotion of internal promotion shall require the possession of the qualification of the relevant classification sub-group in accordance with the provisions of Article 17.4.

4. For the constitution of the courts for internal promotion processes, the same points as set out in Article 28 of the same Law will be taken into account.

Article 42. Contest-opposition.

1. In order to be able to compete for promotion in the form of opposition, applicants must have at least two years of effective service in the category they have. The minimum length of stay in each category for the purposes of this Article shall be determined in accordance with the time limit set out above.

2. The promotion-opposition processes shall consist of the following stages:

(a) Contest, in which the court shall approve the relationship of applicants who meet the requirements and shall determine the appropriate score, in accordance with the scale to be determined.

(b) Opposition, which shall include evidence to measure both fitness for the performance of the category to which it is intended as professional knowledge.

c) Specific vocational training of a selective nature.

Article 43. Selective seniority.

1. National Police may request to take part in selective age promotion procedures which, in addition to complying with the requirements to be laid down in regulation, are in the first tranche of the determine regulations and exceed the relevant professional scale.

2. The processes of internal promotion by selective seniority shall consist of the following stages:

(a) Prior qualification, which shall consist of the finding of compliance with the requirements and the relevant professional scale.

(b) Evidence of aptitude for professional knowledge, of a psychotechnical and selective nature to be determined in each call.

c) Interview, aimed at checking the suitability for the performance of the functions corresponding to the category to which it is intended.

d) Specific vocational training of a selective nature.

3. The maximum number of calls for participation in this modality shall be three. Regulations shall determine the requirements and cases in which they shall be taken into account for these purposes.

TITLE IX

Planning and provision of jobs

CHAPTER I

National Police Personnel Management

Article 44. Staff of the National Police.

1. The staff of the National Police in active duty shall be determined in accordance with the requirements arising from the provision of the service, in accordance with the appropriations laid down in the Budget Laws. State generals.

2. The Council of Ministers, acting on a proposal from the Minister of the Interior, shall, for periods of five years, set the regulatory template for the various categories.

Article 45. Catalogue of jobs.

1. The jobs for which the National Police officers perform will be related to a catalogue, a technical instrument for the management of staff in accordance with the needs of the services.

2. The catalogue of jobs shall be public, with the exception of those posts whose functions are of particular confidentiality.

3. The catalogue will reflect the distribution of the jobs by templates and must necessarily include the name of the posts, the location in which they are located, number, level of complement of destination, complement specific, scale, category or sub-group of classification for which they are reserved and, where applicable, whether their membership is indistinct, as well as the form of provision.

4. The distribution of the posts in the catalogue shall be made in accordance with the principle of hierarchy without, in any event, a National Police may be subordinate to another of a lower category for the reason of the job he or she is holding attached.

Article 46. Targets.

1. The National Police shall be assigned to a position of work of their scale and category or sub-group of classification, of those referred to in the catalogue of jobs.

2. National Police will be able to remain active until the retirement age is reached. However, those who experience a reduction in their psycho-physical conditions whose intensity prevents them from performing their duties normally, but does not transport the pass to the retirement or second-activity situation, will undergo a activities appropriate to those psycho-physical conditions. To appreciate this decrease will require health service reporting.

3. They may also be assigned to posts within the classification sub-group of their scale, whose functions are specifically related to security, in the Ministry of the Interior, in other ministerial departments, institutions and public bodies or international organisations, after a favourable report by the Directorate-General of the Police.

4. Exceptionally, and on the basis of the characteristics of the job, career officials of the General Administration of the State may be assigned to a job corresponding to their sub-group of classification, of those referred to in the catalog.

CHAPTER II

Provision of jobs

Article 47. Procedures for the provision of jobs.

1. The posts shall be provided in accordance with the principles of equality, merit, capacity, publicity and seniority, by the procedures of general merit contest, specific merit contest or free designation.

2. The provision procedures shall be governed by the respective convocation, which shall be in accordance with the provisions of this Organic Law and the rules that develop it.

3. The general merit contest is the normal provision procedure, as well as the way to obtain a job when entering the National Police. It shall take into account the age and, where appropriate, the merits of the rules laid down.

4. The procedure for a specific merit contest shall provide the positions for the performance of which special scientific or technical knowledge, or certain professional skills, are required.

The requirements and merits required in the calls will necessarily be related to the concrete content of each job and will be valued by a collegiate body.

5. The free designation consists of the discretion, by the competent body, of the suitability of the candidates in relation to the requirements for the performance of the job.

The free designation procedure as a provision system will be duly justified in the light of the special confidence arising from the nature of the functions of certain jobs, be it for their special purpose. responsibility or confidentiality.

6. The National Police officers with the organic level of deputy director general and the top police officers will be among the main Commissioners. The coverage of these posts shall be carried out by means of a special procedure, chaired by the principle of speed, to which the time limits laid down for the ordinary system may be reduced. The competence to carry out these appointments will fall to the Minister of the Interior, on a proposal from the Director General of the Police and prior to the report issued by the Secretary of State for Security.

7. The various aspects relating to the provision of jobs in the National Police will be regulated, subject to the principles laid down in this Organic Law.

Article 48. Rules and guarantees for the provision of jobs.

1. The appointment and termination of the posts referred to in the previous article shall be the responsibility of the Director-General of the Police, with the exception of those whose competence lies with the Minister of the Interior or the Secretary of State for Security.

2. No contest shall be held within two years of the taking of possession of the last destination obtained by a general or specific merit contest, except for exceptions which are laid down in regulation. Notwithstanding the foregoing, in the case of the assignment of destinations with a forced character, those who obtain them may attend other vacancies after one year after the date of the inauguration.

3. The national police officers who have obtained a job for the general merit tender procedure may, by means of a decision based on the objective of the service objectively assessed, be assigned to other posts within the same municipality, in the same form of provision, target complement level and specific complement.

4. National police officers who have obtained a job for the specific merit-specific competition procedure may only be removed for over-sold cases, resulting from an alteration in the content of the job which changes the assumptions that served as a basis for the call or a lack of capacity for performance, manifested by insufficient performance and which effectively prevents the performance of the functions attributed to the position.

The resolution terminating the removal file shall be motivated, with an audience of the person concerned and shall exhaust the administrative path.

5. National police officers who have obtained a job for the free designation procedure may be terminated on a discretionary basis.

6. Those national police officers who have been terminated in posts of free designation or removed in posts obtained by a specific merit contest shall be provisionally attached to a job in their category, not less than two years. levels to that of their personal level, preferably within the territorial scope of the Provincial Commissioner in which they were intended.

7. Officials belonging to deleted, reduced or grouped templates who have lost their job in the same shall have absolute preference for only one time to access the vacancies assigned to the general competition procedure of merits in any locality of the national territory.

In the event that such officials do not wish to be assigned to vacant positions or are not assigned to them, they will be designated for any of the existing vacancies. In this case, they shall be given preference, for two years and for one time only, to obtain a new vacant post which is to be convened within that period by a general merit contest in any template. In case of a tie in the score, the order in which the corresponding scale is approved will be available for these cases.

Article 49. Mobility.

1. In the event of urgent and urgent need, the posts may be provided on a provisional basis in the form of a service commission, in the terms which they shall regulate.

In any case, after one year after the start of the service commission, the call for the provision of the job according to the established system shall be published within the following six months.

2. The National Police officer victim of gender violence who is forced to leave the job in the locality where she was providing her services, to make effective her protection or her right to comprehensive social assistance, it shall be entitled to transfer to another post of its own professional scale or category, of similar characteristics, without the need for it to be vacant for the necessary coverage. This shipment will be considered as a forced shipment.

3. National Police may be attached to a job of a different administrative unit, in the same or another locality, upon request based on health grounds or rehabilitation therapies, of the official, of his or her spouse, or of the dependent children, provided that the requirements to be determined are met.

4. Geographical mobility may be available to those National Police officers who are victims of terrorism in the terms established.

Article 50. Personal grade.

1. The National Police will acquire a personal level for the performance of one or more jobs at the appropriate level for two years or three with interruption.

By way of derogation from the preceding paragraph, when they obtain a higher job at more than two levels corresponding to their consolidated personal grade, they shall consolidate every two years of continued service higher than two levels to which they possess, without in any case being able to exceed that corresponding to the position of the post, nor the range of levels corresponding to its scale.

2. The National Police will necessarily consolidate as initial personal level the corresponding level of the job post awarded after the selective process is exceeded.

Article 51. Performance evaluation.

1. A performance evaluation system shall be established, the objective of which shall be to measure the performance and achievement of results, as well as the quality of the service provided. This system shall be based on criteria of transparency, objectivity, impartiality and non-discrimination and shall apply without prejudice to the rights of officials.

2. Representative trade union organisations shall participate in the establishment of the rules laying down the general criteria and mechanisms of the performance assessment system, as well as the determination of their effects.

TITLE X

Administrative situations

CHAPTER I

Administrative situation classes. Active service, special services and service in other public administrations

Article 52. Classes.

National Cops will be in one of the following administrative situations:

a) Active service.

b) Special services.

c) Service in other public administrations.

d) Exceed.

e) Suspension of functions.

f) Second activity.

Article 53. Active service.

1. National Police officers shall be in active duty when they provide services in such a condition in the destinations referred to in Article 46 and do not correspond to them in another situation.

They will also be considered in this situation during the post-term period for termination of a job at the time of obtaining another job through the corresponding provision procedure.

2. The National Police in active duty situation enjoy all the rights inherent in this condition and are subject to the duties and responsibilities arising therefrom.

Article 54. Reentry to the active service.

1. The return to the active service from administrative situations that do not entail a reserve of work will be carried out through the participation of the National Police in the corresponding call for the provision of jobs by contest or free designation, or provisional assignment to a vacant post, conditional on service needs.

2. Reentry from the situations described in the preceding paragraph shall be subject to compliance, in the cases and in the terms that are determined, of the following requirements:

(a) Not having been separated from the service of the General Administration of the State, from the autonomic, local or institutional administration, or being disabled for the exercise of public functions, nor having a criminal record cancelled for criminal offence.

b) Possession of the psycho-physical conditions necessary for the provision of the service.

c) Perform a refresher course that will not be selective in the terms that you regulate.

3. However, the requirement in paragraph (a) of the preceding number shall be payable to all the claims for re-entry into the active service, even if they entail a reserve of work.

Article 55. Special services.

1. They shall be declared in special services when:

(a) be appointed members of the Government or of the governing bodies of the Autonomous Communities or of the cities of Ceuta and Melilla, members of the institutions of the European Union or of international organisations; or are appointed senior officials of the aforementioned public administrations or institutions.

(b) They are appointed to hold positions or positions in public bodies or entities, dependent or linked to public administrations which, in accordance with the provisions of the respective public administration, are assimilated in their administrative rank to senior positions.

(c) Be attached to the services of the Constitutional Court or the Ombudsman or to the Court of Auditors in the terms provided for in Article 93.3 of Law 7/1988 of 5 April of the Court of Justice of Accounts.

d) Access to the status of Deputy or Senator of the General Courts or of members of the legislative assemblies of the Autonomous Communities.

e) Perform elective positions in the Autonomous Cities of Ceuta and Melilla assemblies and in local authorities; exercise responsibilities in higher bodies and municipal officials or as members of local bodies for knowledge and resolution of economic and administrative complaints.

f) Füesen appointed to be part of the General Council of the Judiciary or the Councils of Justice of the Autonomous Communities.

(g) Be elected or appointed to be a part of the constitutional bodies or the statutory bodies of the Autonomous Communities or other bodies whose election corresponds to the Congress of Deputies, the Senate or the assemblies legislative of the Autonomous Communities.

(h) Be appointed as an eventual staff to fill positions with functions expressly qualified as trusted or political advice. In the case of posts of the Ministry of the Interior, or of its higher or managerial bodies, they may choose to remain in the active service situation provided that the position occupied does not exceed the range of levels attributed to their sub-group of classification.

i) Admit the status of officials to the service of international organizations.

(j) Be appointed advisers to the parliamentary groups of the General Courts or the legislative assemblies of the Autonomous Communities.

2. Those who are in the situation of special services shall receive the remuneration of the post or position they perform, and not those of an official of the National Police, without prejudice to the right to receive the trienes they have recognized in each time.

The time remaining in such a situation will be computed for the purposes of recognition of triennial, seniority and rights in the social security system that apply to them. In addition, as long as they are in the same situation they will be able to participate in the internal promotion processes that are called.

3. Those who are in a situation of special services will have the right to re-enter the active service in the same locality, in a position of work of the same characteristics to which they were performing, as long as the service passes

special purpose of this Regulation is to ensure that the conditions for the use of the product are not available.

Article 56. Service in other public administrations.

1. The national police officers who, by virtue of the transfer processes or the procedures for the provision of jobs, obtain a destination in a different public administration, shall be declared in the service situation in other Member States. public administrations. They shall be kept in that situation if they are, by law of the administration to which they agree, to be incorporated as their own personnel.

2. The national police officers transferred to the autonomous communities shall be fully integrated as their own officials in active service in the organisation of the Civil Service, in compliance with the sub-group of their the economic rights inherent in the position in the race which they have recognised and which maintain all their rights in the public administration of origin as if they were in active service in accordance with the provisions of the the respective Statutes of Autonomy.

3. Where they are in such a situation that they have obtained a job by means of the provision systems, they shall be governed by the legislation of the administration in which they are effectively intended and retain their status as an official of the the administration of origin and the right to participate in the calls for the provision of jobs to be carried out by the latter. The time of service in the public administration in which they are intended shall be counted as active duty on their scale and category of origin.

4. National police officers who return to the active service in the home administration from the service situation in other public administrations will obtain the professional recognition of the progress achieved in the system of professional career and its effects on the remuneration position in accordance with the procedure laid down in the sectoral conference conventions and other instruments of collaboration establishing measures for inter-administrative mobility. In the absence of such conventions or instruments of collaboration, the recognition shall be carried out by the public administration in which the re-entry occurs.

CHAPTER II

Exceed

Article 57. Modes of excess.

Excess will be able to adopt the following modes:

a) Voluntary disclosure for particular interest.

b) Voluntary income by family grouping.

c) Care for family care.

d) Exceding for reason of gender-based violence.

e) Exceding for service delivery in the public sector.

Article 58. Voluntary leave of absence for particular interest.

1. National Police may obtain voluntary leave of interest for particular interest where they have been in active duty or special services in any of the public administrations for a minimum period of five years. years, immediately preceding the request.

2. The minimum period of stay in this situation will be one year, after which you will be able to request your return to the active service.

3. The granting of such leave shall, in any event, be subject to the needs of the service, duly substantiated. It shall not be declared when the official is subject to disciplinary action.

4. A voluntary leave of absence shall be declared ex officio for the particular interest where, after the cause which determined the pass to a situation other than that of the active service, the obligation to apply for re-entry into the active service is not complied with. time limit. Such declaration shall also be made where, having requested the return to the active service from an administrative situation which does not entail a job reserve, it does not meet any of the conditions required for such re-entry.

5. Persons who are in a situation of leave of absence for particular interest shall not be paid, nor shall the time remaining in such a situation be taken into account for the purposes of triennial, seniority and rights under the Social Security scheme which is applicable. They will also not be able to participate during the time they remain in that situation in the internal promotion processes.

Article 59. Voluntary leave by family group.

1. National Police Officers whose spouse resides in another locality for having obtained and being in a permanent position as a career officer or as a permanent employment officer in any of the public administrations, public bodies and entities governed by or linked to public law, in the constitutional or judicial bodies and similar bodies of the autonomous communities, as well as in the European Union or in international organisations, may obtain voluntary leave on a family basis, without the requirement of having provided services in any of the public administrations.

2. In this situation, a minimum time of one year shall remain, from which the return to the active service may be requested.

3. Persons who are in a situation of voluntary leave by family group shall not be paid, nor shall the time remaining in such a situation be taken into account for the purposes of triennial, seniority and rights in the security system. Social legislation applicable to them. National police officers who are in this situation will be able to participate in the internal promotion processes.

Article 60. Leave of absence for family care.

1. National Police shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, whether by nature or by adoption or permanent or pre-adoption, to be counted from the date of birth or, where applicable, of the judicial or administrative decision.

2. They shall also be entitled to a period of leave of absence of not more than three years, in order to take care of a relative who is in charge, up to and including the second degree of consanguinity or affinity, for reasons of age, accident, illness or disability cannot be used by itself and does not carry out paid activity.

3. The period of leave shall be unique for each deceased person. When a new subject causing a new leave of absence, the beginning of the period of the same will end the one who has been enjoying himself.

4. In the event that two officials generate the right to enjoy it for the same deceased person, the administration may limit its simultaneous exercise for justified reasons related to the operation of the services.

5. The length of stay in this situation shall be computable for the purposes of triennial, seniority and rights in the social security system applicable to them. Officials in this situation will be able to participate in the training courses that are called and in the internal promotion processes.

6. The job will be reserved for at least two years. After this period, a position in the same locality and equal pay shall be reserved.

Article 61. Leave for reason of gender-based violence.

1. Female victims of gender-based violence, in order to make their protection effective or their right to comprehensive social assistance, will be entitled to apply for the status of leave without having to have a minimum time of previous services and without the need for a stay in the same period.

2. During the first six months, they shall be entitled to the reserve of the job they shall carry out, which shall be computable for the purposes of triennial, seniority and rights under the social security scheme applicable to them. The officials in this situation may participate in the training courses which are called and, during that six-month period, may be extended in the terms expressed in the following paragraph, in the internal promotion processes.

Where legal proceedings so require, this period may be extended for three months, up to a maximum of 18 months, with the same effects as those mentioned above, in order to ensure the effectiveness of the right of protection of the victim.

3. During the first two months of this leave, the official shall be entitled to receive the full remuneration and, where appropriate, the family benefits for the child in charge.

Article 62. Voluntary leave for service provision in the public sector.

1. National Police shall be declared on a voluntary basis for the provision of service in the public sector when they are on active duty in another body or scale of any of the public administrations, as well as when they pass to provide services as fixed labour staff in public sector bodies or entities and do not correspond to them in the situation of active service or the special services provided for in Article 55.1.e).

2. It will be possible to remain in this situation as long as the relationship of services that gave rise to it is maintained.

3. During the period of stay in this situation, the remuneration of the post or position of the National Police officer shall be collected, and shall not be computable for the purposes of triennial, seniority and rights in the Social security to be applied to them. However, such time may be recognized for the purposes of triennial, seniority and rights in the Social Security regime, if the re-entry occurs in the National Police.

CHAPTER III

Suspension of functions

Article 63. Suspension of functions.

The suspension of functions, which may be firm or provisional, involves depriving the official of the exercise of his duties during the time of his stay in the office and will be regulated by the provisions of this Law and in the rules for disciplinary action.

Article 64. Firm suspension.

1. The firm suspension shall be imposed by virtue of a final judgment given in criminal case or disciplinary sanction. When you exceed six months, you will determine the job loss.

2. Time in this situation shall not be computable for the purposes of triennial, seniority and rights in the social security system that is applicable.

Article 65. Provisional suspension.

1. The provisional suspension may be agreed by the opening of a disciplinary file for serious or very serious misconduct or as a result of the prosecution, incrimination or adoption of any precautionary measure against him in criminal proceedings, may be extended until the termination of the court proceedings.

2. The time of provisional suspension, as a result of a disciplinary file, for acts which are not the subject of criminal proceedings, shall not exceed three months in the case of serious misconduct and six months in the case of very serious misconduct, except Cessation of the procedure imputable to the data subject.

3. Where the provisional suspension is not declared firm, the length of stay therein shall be counted as an active duty for all purposes, with the immediate incorporation of the official at his/her job.

4. Where the period of stay in temporary suspension of duties is greater than the duration of the sentence or disciplinary penalty, the difference shall be computable as an active service for all purposes.

5. The official in a position of temporary suspension of duties shall be entitled to receive one hundred per cent of the basic remuneration and the whole of the economic benefit per son in charge, except in the case of the withdrawal of the file by the person concerned is responsible for the loss of any remuneration while such a cessation is maintained, and, in the same way, he shall not be entitled to any charges in the event of failure to appear in the disciplinary file.

CHAPTER IV

Second Activity

Article 66. Situation of second activity.

1. The second activity is intended to ensure the proper psycho-physical fitness of the National Police for the performance of their job functions, which ensures their effectiveness in the service.

2. Officials who hold the posts of doctors and technicians may not be able to move to the second activity.

3. In the situation of second activity, the category which was held at the time of the transfer to the situation shall be held and shall not in any case result in the occupation of destination.

4. For as long as they remain in the second activity situation, they will be made available to the Minister of the Interior for the enforcement of police functions until reaching retirement age, when exceptional reasons for citizen security they are required by the terms that they regulate are determined.

Article 67. Causes.

National Police officers will be able to move on to the situation of second activity for the following reasons:

a) For insufficient psycho-physical skills for the performance of the police function.

b) On request, once the ages are met as set out in Article 69.

(c) On request, after having completed twenty-five years in active service situations, special services or forced leave in the National Police, or bodies assimilated or integrated, in the set out in Article 69.

Article 68. Move to second activity due to insufficient psycho-physical skills.

1. Officials who present an insufficiency of the psycho-physical skills for the performance of the tasks attributed to the National Police, expressed by an appreciable decrease in the same activities, will be transferred to the second activity. assessed by a medical court, in terms of the rules laid down in a regulation, on the basis of the appropriate procedure, on its own initiative or at the request of the person concerned, and provided that the intensity of the said failure is not cause for retirement.

2. National police officers who will be placed in the second activity for this reason may request the review of their psycho-physical conditions by a medical tribunal for as long as they remain in that situation, in the form provided for in this case. Regulation. In the same way, those conditions may be reviewed, at the request of the administration, in the circumstances which are determined to be determined.

Article 69. Move to second activity on your own request.

1. The National Police will pass on to the situation of second activity, which, on their own request, would have requested to enter the situation, starting with the age of the ages, which for each scale are set out below:

a) Top Scale: 64 years.

b) Executive Scale: 62 years.

c) Subinspection Scale: 60 years.

d) Basic Scale: 58 years.

2. They may also be subject to the second activity, on their own request, to the National Police who have served 25 years in active service, special services or forced leave within the Police. National, or bodies assimilated or integrated.

For the purposes of this paragraph, the Ministry of the Interior shall set, by 31 December of each year, the maximum number of National Police officers, by category, in respect of which the pass to the National Police is authorized. Second activity at its own request during the following year; taking into account the age criteria of the petitioners, as well as the availability of staff and the functional and organic needs of the police organisation and the priority in the request.

Article 70. Reentry to the active service from the second activity situation.

National Policemen who have passed on to the situation of second activity because of the inadequacy of the psycho-physical skills, may re-enter the active service, at their request or at the request of the administration, provided that a medical court appreciates that the applicants fulfil the psycho-physical skills necessary for the provision of the tasks entrusted to them.

Article 71. Move to other situations from second activity.

National police officers in a situation of second activity may be subject to another administrative situation, provided that they meet the conditions required for access to the second activity. The cessation of the latter will result in reentry to the situation of second activity.

Article 72. Competence to resolve.

The procedures referred to in the above articles will be resolved by the Director General of the Police, and their resolutions will end the administrative route.

Article 73. Remuneration in the situation of second activity.

1. The national police officers in the situation of second activity shall receive in full the basic remuneration corresponding to the age and the category of membership, as well as a supplement of an amount equal to 80 per 100 of the the additional remuneration of a general nature of the category referred to above, in addition to the total remuneration for pensions of mutilation and rewards.

Any change in the remuneration indicated for the staff in the asset shall originate in the staff in the second-activity situation of the same age and category the relevant variations so that at all times represent the amounts indicated in the preceding paragraph.

2. The national police officers who have passed on to the situation of second activity because of a disease or occupational accident produced in or as a result of a service, which have been so declared in accordance with the provisions of the Organic Law, they will receive one hundred percent of the remuneration that they paid when they were in the active service situation.

3. National police officers who, in a situation of second activity, carry out police duties for exceptional reasons of security as provided for in Article 66.4 shall, on the basis of a service provided, be paid instead of remuneration. (a) of his/her situation, one 30th of the monthly remuneration for the job effectively performed if it is greater than the remuneration of his/her situation.

Article 74. Remuneration peculiarities.

1. The national police officers who move on to the situation of second activity pursuant to Article 69.1 and do not have a total of 20 years in active service, special services or forced leave in the Member States. State Security Forces and Corps will experience a reduction in the economic benefits to be perceived in such a situation, according to the scale to be established.

2. National Police officers who pass on to the situation of second activity pursuant to Article 69 without having completed the minimum number of years of service, as laid down in the legislation in force on passive classes of the State for (a) to be entitled to the ordinary retirement pension, only the amount corresponding to his basic remuneration shall be collected in such a situation, depending on the actual time of service provided, as determined by regulation.

3. Where, after the minimum period of service referred to in the previous paragraph, no more than 20 years of effective service have been completed, the basic remuneration shall be collected in full. The additional remuneration that corresponds to this situation will be reduced according to the time it will take to meet the twenty years of effective service, according to the scale that is regulated.

Article 75. Trienes and passive rights.

The time spent in the second-activity situation will be computable for the purposes of perfecting trienes and passive rights.

Article 76. Disciplinary regime.

National police officers in a second-activity situation will be subject to the general disciplinary regime of the civil service.

TITLE XI

Social protection and remuneration scheme

Article 77. General principles of social protection.

1. The National Police are compulsorily included in the scope of the Administrative Mutualism Regime of the Civil Servants of the State for all the contingencies and benefits provided for in its protective action, without prejudice to the specific characteristics of the members of this body in the current regulations.

2. For the purposes of pensions, National Police shall apply to them, as appropriate, the Passive Classes of the State or the General System of Social Security, in accordance with their respective specific rules.

3. The National Police shall collaborate with the public bodies and entities assigned to the management of the different social security systems, in the terms established by the corresponding regulations.

Article 78. Temporary incapacity.

1. The National Police officer who causes a discharge for temporary incapacity shall receive the remuneration or remuneration laid down in the regulations of the Special Regime on Social Security of Civil Servants. Status in effect at any time.

2. When the discharge for the service has been motivated by injury or pathology declared as a disease or occupational accident produced in service or as a result of the service, after processing the case of investigation of causes The economic benefit to be paid, calculated as the allowance provided for in the rules governing the mutual benefit system, will be completed by the body responsible for the management of staff up to a maximum of 100%. (a) a hundred of the remuneration which the official would have received in the month preceding that of the low.

Article 79. Injuries, pathologies and material damage in service.

1. It is understood by injury, pathologies and material damage in act of service that they are recognized through the case of the investigation of causes, because they have been contracted by the official with occasion or as a consequence of the service provided, as long as it has not been mediated by it, or gross negligence or impericia.

2. The competence to resolve such recognition corresponds to the Director General of the Police, after instruction in the relevant case of the investigation of the causes determining the injuries, pathologies or material damages suffered, initiate at the request of the official or officio by the organ responsible for the management of the personnel in the National Police.

3. The decision terminating the file will necessarily identify the origin of the material injury or damage, the causal relationship between the service and the same and the capacity or inability of the derivative, all by means of a report The medical inspection body of the National Police. The resolution shall also determine the amount of the costs of cure which have been excluded from the benefits referred to in the field of administrative mutualism, which, if appropriate, shall be on behalf of the administration, without prejudice to the powers of the State Civil Servants ' mutual recognition for the recognition of benefits arising from such contingencies.

4. In addition to its causes and the relationship between the damages and the service provided by the official, the amount of the object, in addition to its causes and the relationship between the damages and the service provided by the official, shall be determined by resolving the origin or not of the compensation.

5. The Administration shall arrange accident insurance for the presumed death, total permanent incapacity, absolute or great invalidity of the National Police officers, due to the injuries suffered in the event of death. service or at the same time.

Article 80. Assessment and control of psycho-physical conditions.

1. The National Police shall ensure that its members maintain the psycho-physical conditions necessary for the performance of their duties. To this end, there shall be a health service whose competence and organisation shall be determined by regulation.

For this purpose, contracts or agreements may be concluded with medical professionals or public or private health entities.

2. Officials shall be subject to health surveillance in the manner determined in the occupational risk prevention plan and within the framework of action of the Occupational Risk Prevention Service.

3. The health inspection bodies of the National Police shall be responsible for the control and review of the casualties due to the temporary insufficiency of psycho-physical conditions, in accordance with the terms laid down in the regulations in force, without prejudice to the competence of the relevant Mutuality in the field of situations of temporary incapacity.

Article 81. Social action.

There will be a system of social action, with the budgetary envelope that will come, in the framework of which specific programs of a periodic nature will be developed, with actions to promote the socio-labor welfare of the officials and their families.

Article 82. Remuneration.

1. The remuneration regime of the National Police officers, in accordance with the provisions of Article 6.4 of the Organic Law 2/1986 of 13 March, is regulated in their specific regulations.

2. The remuneration shall be made up of the basic salary and triennial remuneration, as well as the additional remuneration and the corresponding extraordinary payments.

TITLE XII

Rewards and honors

Article 83. Rewards.

The members of the National Police, without distinction of scales or categories, who in the exercise of their functions credit exceptional qualities of value, sacrifice and self-denial that will benefit society will have the right to be recognized for their merit in the form and conditions to be determined.

Article 84. Dedication to the police service.

The dedication, delivery and continued responsibility of the members of the National Police will be recognized in the form, with the requirements and procedures that rules are set out.

Article 85. Honorary promotions.

1. Where special circumstances are present, or in exceptional circumstances, the Council of Ministers may, on a proposal from the Minister of the Interior, grant, in an honorary manner, the officials of the National Police who have died in act of service or have retired, the promotion to the category immediately superior to the one they have.

2. In no case shall the promotions granted on an honorary basis carry economic effects, nor shall they be considered for the purposes of passive duties.

Article 86. Officials and honorary members.

1. The distinction of an honorary official of the National Police may be granted, with the category that will be owned by the end of the active service, to the officials of the aforementioned body who request it at the time of the retirement, provided that have been distinguished by a meritorious work and a relevant career path, and have provided at least thirty-five years of effective service and lack in their professional record of unfavorable annotations without cancelling, in terms of rules are determined.

2. The distinction of an honorary member of the National Police may be granted to persons who, having not belonged to the said Body, have been distinguished by the merit of the work done in favor of the same.

Article 87. Retired officials.

National Policemen who have lost that condition by retirement will keep the consideration of a retired member of the National Police, with the category that they will hold at the time of their occurrence. They may wear the uniform in solemn institutional and social acts, as well as have the corresponding professional meat and retain the emblem plate, previously amended, in accordance with what is to be determined.

TITLE XIII

Officials ' representation and participation regime

CHAPTER I

Union organizations in the National Police

Article 88. Constitution of trade union organisations.

1. In order to constitute a trade union organization in the National Police, the statutes of the National Police must be deposited, accompanied by the founding act, in the special register of the Directorate General of the Police.

2. The statutes shall contain at least the following particulars:

a) Denomination of the trade union organization.

b) Specific ends of the same.

c) Address.

(d) Organs of representation, government and administration and rules for their operation, as well as the regime of elective provision of charges, which shall be in accordance with democratic principles.

e) Requirements and procedures for the acquisition and loss of the status of affiliates, as well as the regime of modification of their statutes and dissolution of the trade union organization.

(f) The economic regime of the organization, which establishes the character, origin and destination of its resources, as well as the means to enable the members to know the economic situation.

3. Only those statutes which do not have the minimum requirements referred to in the previous paragraph whose defects have not been remedied within 10 days of the request may be rejected by reasoned decision. Practiced for this purpose.

Article 89. Representative trade union organisations.

1. Those trade union organizations of the National Police who in the last elections to the Police Council have obtained, at least, a representative in that Council, or in two of the scales at least 10% of the votes cast in each of the they shall be considered representative trade union organisations, and in such a condition shall, in addition to the powers recognised in Article 90, be capable of:

(a) To participate as interlocutors in determining the conditions for the provision of the service of officials, through the procedures established for this purpose.

b) Integrate into the work tables or study commissions to be established for this purpose.

2. The representative trade union organizations in the field of the National Police shall be entitled to the interposition of administrative and judicial resources against the decisions of the selection bodies.

3. Representatives of such representative trade union organisations shall be entitled:

(a) The assistance and access to the work centres to participate in activities of their trade union organization, prior to communication to the head of the agency and without the exercise of that right being able to interrupt the normal development of the police service.

(b) The number of monthly days that are regulated for the development of the union functions of their representation.

(c) To the enjoyment of the unpaid leave necessary for the development of the union's own functions of his office, within the limits that are regulated by law.

4. The number of representatives to be recognised by the administration, for the purposes specified in paragraph 3, shall be in relation to the number of representatives each trade union organisation has obtained in the elections to the Council of Police.

5. In any event, the right of a representative to that trade union organisation which would not have obtained the status of representative pursuant to paragraph 1 but at least 10% of the amount of the trade union organisation shall be recognised, for the purposes of this Article. votes on a scale.

6. Representatives of the trade union organizations representative of the National Police will have the status of those officials who, belonging to them, have been formally designated as such by the governing body of the National Police. agreement with their respective statutes.

Article 90. Non-representative trade union organisations.

legally constituted trade union organisations which have not obtained the status of representative, as established in the previous article, shall have the right to make proposals and to raise reports or to direct requests to the competent authorities, as well as to the representation of their members.

Article 91. Limits on the right to union and trade union action.

The exercise of the right of association and the exercise of union action by the members of the National Police will have as limits the respect of the fundamental rights and public freedoms recognized in the Constitution and, In particular, the right to honor, to privacy and to the image itself, as well as the credit and prestige of the State Security Forces and Corps, the security of citizens and of the officials themselves, and the guarantee of professional secrecy. They shall also constitute limits, in so far as they may be infringed by that exercise, the basic principles of action of Article 5 of the Organic Law 2/1986 of 13 March.

Article 92. Responsibility of the trade union organisations.

1. Trade union organisations shall respond to the acts or agreements adopted by their statutory bodies in the sphere of their respective powers.

2. Such organisations shall be responsible for the acts of their members, where those acts are carried out in the regular exercise of the representative functions or are proven to be acting on behalf of the trade union organisations.

Article 93. Exercise of trade union activities.

1. In the premises of more than two hundred and fifty officials, representative trade union organisations shall have the right to be provided with an appropriate premises for the exercise of their activities. In any event, such organisations shall be entitled to the installation in each police unit of a notice board, in place where it is guaranteed easy access to the office of officials.

2. Officials may hold trade union meetings at official premises, outside the working hours and without disturbing the service, subject to the authorization of the head of the department, who may refuse to do so only when he considers that the service can be affected.

3. The authorization must be requested at least seventy-two hours in advance, and the date, time and place of the meeting shall be stated.

4. The relevant decision shall be notified at least 24 hours before the date of the meeting, without prejudice to paragraph 2.

CHAPTER II

The Police Council

Article 94. Organisation and competences.

1. Under the chairmanship of the Minister of the Interior or the person to whom the delegation is delegated, there shall be the Police Council, a collegiate body with a joint representation of the Administration and the representatives of the members of the Police. National.

2. They are functions of the Police Council:

a) Mediation and reconciliation in the event of collective conflicts.

b) The study of proposals on trade union and participation rights.

c) Participation in the establishment of the conditions for the provision of the service of officials, in particular those relating to the setting of general criteria and mechanisms for the assessment of performance and those relating to the work schedule, schedules, days, holidays, permits and licenses.

(d) Participation in the determination of the criteria under which the territorial scope is established where the residence of the officials is authorised.

(e) the formulation of motions and the evacuation of consultations in matters relating to the professional status, and in particular with regard to the setting of the general criteria for access, career, provision, systems of classification of jobs, and plans and instruments for human resource planning.

f) The study of the general criteria of plans and funds for training, internal promotion and improvement.

g) The study of the data relating to personnel who move to second-activity and retirement situations due to injuries sustained in service, as well as those from second activity who return to the situation of the active service.

h) Participation in the establishment of the general criteria for social action.

i) The issuance of reports in disciplinary proceedings that are directed against very serious misconduct against members of the National Police and in all those who are instructed to the representatives of the unions to which it refers Organic Law.

(j) The prior report of the general provisions intended to dictate on the matters referred to in the preceding paragraphs.

k) The others that attribute the laws and general provisions to you.

3. The representatives of the Administration in the Police Council shall be appointed by the Minister of the Interior.

4. The representation of the members of the National Police in the Council will be structured by scales, on the basis of a representative for every 6,000 officials or fraction of each of the four scales that constitute the Body.

5. For the sole purpose of the provisions of the preceding paragraph, officials who hold the seats of facultative and technicians shall count on the Executive and Sub-Inspection Escalations, respectively.

Article 95. Elections and Mandate.

1. Elections shall be held within the National Police for the purpose of appointing the representatives of its members to the Police Council and determining the status of representative of the trade unions established in accordance with the provisions of the Organic Law.

The elections will be held at scales, voting their members a list containing the names or names of the candidates for representatives of the same, by means of personal suffrage, free, direct and secret. Officials who hold the seats of faculty and technicians shall be eligible, as electors and eligible, with those of the Executive and Sub-Inspection Escalations, respectively.

2. Candidates for election may be presented by the trade unions of officials or by the constituencies of the various legally constituted scales, by means of national lists for each of the scales.

The lists will contain as many names as posts to cover, plus equal number of alternates.

3. The system of proportional representation shall attribute to each list the number of members who correspond to it, in accordance with the quotient that results from dividing the number of voters by the number of posts to be filled. The remaining positions, if any, shall be attributed to the lists in descending order, according to the remaining votes of each of them.

4. The term of office of the members will be four years, and may be re-elected in successive electoral processes.

In the event of a vacancy, for any cause, in the representation of the officials in the Police Council, it shall be automatically covered by the candidate who holds the following position in the respective list.

5. The following rules shall be laid down in order to ensure that the elections, the electoral procedure and, in general, the functioning of the Police Council are called for.

CHAPTER III

Representation and participation regime in the field of occupational risk prevention

Article 96. Prevention delegates.

1. The system of representation and participation of the National Police officers in relation to the prevention of occupational risks is regulated through the specific regulations of the said Body in this field, applying the principles and criteria contained in Law 31/1995 of 8 November on the Prevention of Occupational Risks.

2. The representation and participation of the officials shall be channeled through the prevention delegates, appointed by the trade union organizations according to the representativeness obtained in the elections to the Police Council.

Article 97. Joint bodies for participation.

The collegiate bodies of participation with joint representation of the Administration and the representatives of the National Police, in matters of prevention of occupational risks are the Committee on Safety and Health Police, at the national level, and the Safety and Health Committees, at the level of Police Superior and Central Services.

Additional disposition first. Recognition of trienes.

The trienes that would have been perfected in any of the Executive, Sub-Inspection or Basic Escalations before 20 October 1994 in the case of the Executive Scale, and 30 December 1995 in the case of the Escalas de Subinspection and Basic, will be valued according to the subgroup of classification to which the official belonged, from among those previewed at the time in article 25 of Law 30/1984, of August 2, of Measures for the Reform of the Civil Service. Such valuation shall be taken into account for regulatory purposes of liability.

Additional provision second. Volunteer reservists.

National Policemen will not be able to hold the status of a regulated voluntary reserve in the Armed Forces Reserve Regulations, approved by Royal Decree 383/2011, of March 18.

Additional provision third. Appointment of posts with organic level of Deputy Director General and Senior Police Chiefs.

The management posts of the National Police with the organic level of Deputy Director General and the Police Chief Superior will only be occupied by those who have the required qualification to access the classification subgroup in the High Scale is integrated, as provided for in Article 17.4.

Additional provision fourth. He entered the National Police by career officials of the police corps of the autonomous communities.

1. The career officials of the police corps of the autonomous communities may enter the National Police, in the scale and category equivalent to that which they have in their body of origin, in the terms and conditions which, and with the participation of representative trade union organisations, are determined, provided that they comply with the general requirements laid down in Article 26 and possess the required qualifications for access to each scale.

2. In order to determine the equivalence between the scales and categories of the different police bodies, for the purposes of the above paragraph, account must be taken of the scale or category of the applicant in his/her body. source, consolidated personal grade, and target complement level of the last position played.

Additional provision fifth. Regulatory references.

As of the entry into force of this Organic Law, references to the National Police Corps contained in the current legislation will also be considered to be made to the National Police.

Additional provision sixth. Eventual upper professional category for missions in missions in international bodies.

National Policemen who perform services on missions or international bodies may receive a higher professional category than they have, for the duration of their service on such missions or agencies.

In no case shall the consolidation of such an eventual professional category imply the collection of the assets of the same.

First transient disposition. Transitional regime for the requirement of qualifications.

The qualifications referred to in Article 41.3 for access by internal promotion to the higher category to which it is held shall be required after five years after the entry into force of this Organic Law.

The Directorate-General of the Police will carry out the necessary actions, aimed at facilitating the obtaining of the qualifications referred to in the previous paragraph by the National Police who are not in possession of the same, in order to enable their internal promotion.

Second transient disposition. Transient stay in the situation of second activity with destination.

1. The national police officers who, at the entry into force of this Organic Law, are in the situation of second activity with destination, will be able to continue occupying the jobs that they perform until their cessation due to the causes established in the rules in force.

2. During that time they will be subject to the disciplinary regime and incompatibilities provided for the National Police who are on active duty.

3. As long as they remain in this situation, they shall receive all the general remuneration corresponding to the staff of their category in active employment, those of a personal nature which are recognised or refined and, in addition, the specific the job they perform and, if applicable, the productivity supplement.

If the total remuneration were lower than those that were received in the asset situation at the time of the transfer to the second activity situation for the performance of positions occupied by virtue of the competition, a personal and transitional supplement to the amount sufficient to enable them to be achieved.

Transitional provision third. Transitional pass regime to the situation of second activity.

1. Irrespective of the system of transition to the situation of the second activity laid down in this Organic Law, the National Police may be subject to the conditions laid down in the following paragraphs, provided that they meet the requirements of the requirements set out in them.

2. The national police officers who are in active service on 31 December 2001, will be able to opt, in an individual and individual way, to move to second activity at any time, starting with the age of the continuation, which for each Scale were established in the original wording of article 4 of Law 26/1994, of 29 September, which regulates the situation of second activity in the National Police Corps, in force at that date.

a) Top Scale: 60 years.

b) Executive Scale: 56 years.

c) Subinspection Scale: 55 years.

d) Basic Scale: 55 years.

3. Similarly, officials who are not affected by the above number because they are not active on the date provided for in the same number, and who are in that situation by 20 September 2011, may choose, in an express manner and On the basis of the information provided by Law No 24/2001 of 27 September 1994, the Commission adopted a decision on the application of the provisions of the Law No 24/2001 of 27 March 1994. December, of Fiscal, Administrative and Social Order Measures.

a) Top Scale: 62 years.

b) Executive Scale: 58 years.

c) Subinspection Scale: 58 years.

d) Basic Scale: 58 years.

4. Those officials who are on leave in their various forms, special services, service in autonomous communities or temporary or firm suspension of duties may exercise the option indicated when the causes of the motivated such a situation.

5. For the purposes set out in this provision, the Directorate-General of the Police shall forward to each official an express communication on the date on which, according to its category, it would correspond to the situation of second activity. in accordance with the different ages laid down in this provision.

The official shall be deemed to be automatically entitled to the option of continuing in active service which corresponds to him, among those provided for in this provision, if within one month of receipt of the communication to refers to the preceding paragraph, has not expressed in writing its willingness to move to the situation of second activity.

Transitional disposition fourth. Transitional regime for the stay in the active service of the members of the National Police who have received the option of Article 4 of the Royal Decree-Law 14/2011.

The National Police officers who, under the option provided for in Article 4 of Royal Decree-Law 14/2011 of 16 September, have complementary measures in the field of employment policies and the regulation of the regime. of the activity of the State Security Forces and Corps, they would have chosen to remain in active service, they will be able to continue in that situation until the fulfillment of the sixty-five years of age, provided that they meet the appropriate conditions required for the performance of the functions attributed.

Transient disposition fifth. Transitional arrangements for National Police officers who have the status of a voluntary reserve.

El Comercio] National Police officials who, at the entry into force of this Organic Law, have the condition of a voluntary reserve, will be able to keep the reserve until they are lost to any of the causes provided for in the legislation. in force in the field.

Transitional disposition sixth. Validity of the official university degrees corresponding to the previous ordination.

The official university degrees obtained according to plans of studies prior to the entry into force of Royal Decree 1393/2007, of 29 October, establishing the ordination of university teaching officers, will maintain all their academic effects to the effects of income and promotion in the National Police.

Transitional disposition seventh. Current development regulations.

Until the regulatory standards for the development of this Organic Law are dictated, the current rules will continue to apply, as long as they do not oppose the provisions of this Law.

Single repeal provision. Regulatory repeal.

1. The following rules are repealed:

(a) Articles 16 to 26 of Chapter IV of Title II and the first, second, sixth and seventh provisions of the Organic Law 2/1986, of 13 March, of Security Forces and Bodies.

b) Law 26/1994, of 29 September, regulating the situation of second activity in the National Police Corps.

c) The additional provision of the Organic Law 4/2010, of 20 May, of disciplinary regime of the National Police Corps.

(d) Article 4 and the first transitional provision of the Royal Decree-Law 14/2011 of 16 September of 16 September of additional measures in the field of employment policies and the regulation of the activity of the Forces and the State security.

e) The Organic Police Regulations, approved by Decree 2038/1975 of 17 July.

f) Royal Decree 308/2005, of 18 March, which regulates the granting of honorary promotions in the National Police Corps.

2. Equally, as many provisions of equal or lower rank are repealed with the provisions of this Organic Law.

Final disposition first. Amendment of Organic Law 2/1986, of 13 March, of Forces and Security Corps.

In the following terms, the Organic Law 2/1986 of 13 March of Forces and Security Corps is amended:

One. The fifth final provision is worded as follows:

" Final layout fifth. Specific system of the system of provision of the jobs of the catalogues of the units assigned to the Secretariat of State of Security.

For reasons of confidentiality and security of information, the Government is enabled to regulate the specificities of the system of provision of posts included in the job catalogues of those units which are dependent on the Secretary of State for Security and do not have specific regulations in the terms provided for in Article 4 of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Such specificities shall, where appropriate, refer to the procedure for assessing the merits of the tenders for the provision of the posts and the advertising regime, including any restrictions on them and the guarantees of the rights of the persons concerned.

The determination of the system of provision of such posts as a contest or free designation shall be made on the basis of the confidentiality and security reasons outlined above. "

Two. The current fifth final provision becomes the new final provision sixth, with the following wording:

" Final Disposition sixth. Character of organic law.

They have the character of organic law the precepts contained in Titles I, III, IV and V and in Title II, except for Articles 10, 11.2 to 6 and 12.1, the third and final provisions, except for Final disposition fifth. "

Final disposition second. Amendment of the Organic Law 4/2010, of 20 May, of the Disciplinary Regime of the National Police Corps.

The Organic Law 4/2010, of 20 May, of the Disciplinary Regime of the National Police Corps, is amended as follows:

One. Paragraph (d) of Article 8 is amended and a paragraph (z) quater is incorporated in that Article:

" (d) The lack of immediate submission or provision of the dependency where it is intended, or at the nearest, in the cases of declaration of the states of exception or site or, where that is available, in the event of serious disturbance of public security; or, in the case of a statement of the state of alarm, the failure to submit when they are deployed, in accordance with the provisions of the competent authority. '

" z) quater. Those actions or omissions which are classified as very serious offences which, in accordance with the criteria laid down in Article 12, are deemed to be serious, and which are not in turn capable of being classified as minor faults. '

Two. Paragraph (n) is incorporated in Article 9.

"(n) Those actions or omissions typified as serious misconduct which, in accordance with the criteria set out in Article 12, merit the rating of slight."

Three. Article 16 (4) is worded as follows:

" 4. Compliance with the time limits for the penalty may result in the cancellation of the relevant entries in the personal file as provided for in Article 50 and their notification to the parties concerned. "

Final disposition third. Amendment of Law 8/2006, of 24 April, of Troop and Marineria.

Article 20 (5) of Law 8/2006, of 24 April, of Troop and Marineria is worded as follows:

" 5. For the entry into the Basic Scale of the National Police, a maximum of 20 percent of the seats for the military personnel of troops and marineria will be reserved for 5 years of service as such. "

Final disposition fourth. Amendment of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism.

Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism is amended in the following terms:

One. Article 4 (6) is worded as follows:

" 6. The families of the deceased and the injured who have suffered incapacitating injuries in their various degrees, up to the second degree of consanguinity, as well as the persons who, having been the subject of terrorist attacks, have been These, for honorific and decoration purposes, without any right to any economic compensation. "

Two. Article 52 (2) is worded as follows:

" 2. This honorific action is awarded with the degree of Grand Cross, posthumously, to the deceased in terrorist acts; with the degree of Encomienda, to the injured and kidnapped in terrorist acts; and to the degree of Insignia, to those with the condition (a) the death of the deceased or the spouse of the deceased or person connected with him by a similar relationship of affectivity, the parents and the children, the grandparents, the siblings and the grandchildren of the deceased, as well as the relatives of the injured who have suffered incapacitating injuries in their different grades up to the second degree of consanguinity. "

Final disposition fifth. Amendment of Law 66/1997 of 30 December 1997 on fiscal, administrative and social order measures.

Law 66/1997 of 30 December 1997 on fiscal, administrative and social order measures is amended, adding a new letter to Article 18 (5), with the following wording:

" (d) The victims of terrorism, with the understanding, for the purposes of this Article, of persons who have suffered physical or mental harm as a result of terrorist activity and so credit. by a final judgment or by virtue of an administrative decision recognising such a condition, the spouse or person who has lived with the same relationship of affectivity, the spouse of the deceased and the children of the injured and deceased. "

Final disposition sixth. Amendment of Law 7/2007, of 12 April, of the Basic Staff Regulations.

Law 7/2007, of 12 April, is amended from the Basic Staff Regulations, in the following sense:

One. The title of Article 49 is amended and a paragraph (f) is added to it in the following terms:

" Article 49. Permits for reasons of reconciliation of personal, family and work life, for reasons of gender-based violence and for victims of terrorism and their immediate family members. "

f) To make effective their right to protection and to comprehensive social assistance, officials who have suffered physical or mental harm as a result of terrorist activity, their spouse or person with a similar relationship of affectivity, and the children of the injured and deceased, provided that they have the status of officials and victims of terrorism in accordance with the legislation in force, as well as the officials threatened in the terms of Article 5 of the Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of the Terrorism, prior to the recognition of the Ministry of the Interior or of a firm judicial judgment, shall be entitled to the reduction of the day with proportional reduction of the remuneration, or to the rearrangement of the working time, through the adaptation of the timetable, the application of the flexible timetable or other forms of organisation of working time which are applicable, in the terms established by the competent authority in each case.

Such measures shall be adopted and maintained in time as they are necessary for the protection and integral social assistance of the person to whom it is granted, whether by reason of the consequences caused by the action terrorist, be it because of the threat to which it is subjected, in the terms prescribed regulentarily. "

Two. Article 79 is worded as follows:

" Article 79. Competition for the provision of the jobs of career civil servants.

1. The contest, as a normal procedure for the provision of jobs, shall consist of the assessment of the merits and abilities and, where appropriate, the skills of the candidates for technical college. The composition of these bodies will respond to the principle of professionalism and specialization of its members and will be adapted to the criterion of parity between women and men. Its functioning shall be in accordance with the rules of impartiality and objectivity.

2. The laws of civil service which are laid down under this Statute shall lay down the minimum period of employment of the posts obtained by means of participation in other competitions for the provision of jobs.

3. In the case of calls for tenders, a score may be established which, at the most, may be determined by the same for seniority, for those with the status of a victim of terrorism or under threat, in accordance with the terms laid down in Article 1 (1) of Regulation (EC) No Article 35 of Law 29/2011, of 22 September, of Recognition and Integral Protection of Victims of Terrorism, provided that it is established that obtaining the position is necessary for the attainment of the purposes of protection and assistance integral social of these people.

For the accreditation of these extremes, the competent bodies for the issuance of the corresponding reports will be determined. In any case, when it comes to ensuring the protection of victims, the report of the Ministry of the Interior will be required.

4. In the case of removal or removal of the posts obtained by contest, a job must be assigned in accordance with the professional career system of each public administration and with the inherent guarantees of such a system. "

Three. An Article 82a is added, with the following wording:

" Article 82a. Mobility due to terrorist violence.

To make effective your right to protection and comprehensive social assistance, officials who have suffered physical or mental harm as a result of terrorist activity, your spouse or person who has lived with (a) the relationship of affectivity, and the children of the injured and deceased, provided that they have the status of officials and victims of terrorism in accordance with the legislation in force, as well as the officials threatened in the terms of the Article 5 of Law 29/2011 of 22 September of Recognition and Integral Protection of the Victims of Terrorism, prior to the recognition of the Ministry of the Interior or of a firm judicial judgment, shall be entitled to transfer to another post of their own body, scale or professional category, of similar characteristics, when the The vacancy is either necessary or, if not, within the Autonomous Community. Even so, in such cases the competent public administration will be obliged to inform the public of the vacancies located in the same locality or in the localities that the person expressly requests.

This move will be considered as a forced move.

In any case, this right may be exercised as necessary for the protection and integral social assistance of the person to whom it is granted, whether by reason of the consequences caused by the terrorist action, be it for the threat to which it is subject, in the prescribed terms.

In the actions and procedures related to terrorist violence, the privacy of the victims, in particular their personal data, those of their descendants and those of any person under their guard or their personal data, will be protected. custody. "

Four. Article 89 (1) is amended and a paragraph 6 is added to it in the following terms

" 1. The leave of absence of career officials may take the following forms:

a) Voluntary disclosure for particular interest.

b) Voluntary income by family grouping.

c) Care for family care.

d) Exceding for reason of gender-based violence.

e) Exceding for reason of terrorist violence. "

" 6. Officials who have suffered physical or psychological damage as a result of terrorist activity, as well as those threatened under the terms of Article 5 of Law 29/2011 of 22 September, of Recognition and Integral Protection Victims of Terrorism, upon recognition of the Ministry of the Interior or a firm judicial judgment, shall be entitled to enjoy a period of leave on the same terms as victims of gender-based violence.

Such excess shall be authorised and maintained in time as it is necessary for the protection and integral social assistance of the person to whom it is granted, whether by reason of the consequences caused by the action terrorist, be it because of the threat to which it is subjected, in the terms prescribed regulentarily. "

Final disposition seventh. Amendment of Organic Law 11/2007, of October 22, regulating the rights and duties of members of the Civil Guard.

Article 30 of the Organic Law 11/2007, of 22 October, is amended, regulating the rights and duties of members of the Civil Guard, in the following terms:

" Article 30. Civil liability insurance and defence.

1. The administration is obliged to provide the Civil Guards with defence and legal assistance in the proceedings to be followed in any court order, as a consequence of the legitimate exercise of their duties, in terms of regulentarily be set.

2. The administration shall arrange for liability insurance, or other financial guarantee, to cover the indemnities, sureties and other amounts arising from the requirement of liability of any nature to the Civil Guards, on grounds of of the actions carried out by them in the performance of their duties or on the occasion of their duties, in the terms which they regulate are laid down. "

Final disposition octave. Competence title.

This Organic Law is dictated by article 149.1.29. of the Constitution.

Final disposition ninth. Regulatory development.

The Government is authorized to dictate how many provisions are necessary for the development and implementation of this organic law.

Final disposition tenth. Character of organic law.

Articles 1, 2.1 and 3 of the preliminary title, Titles II, III and XIII, paragraphs 1, a) and c) of the Single Derogation Provision and the second final provision are of the organic nature.

Final disposition eleventh. Entry into force.

This Organic Law shall enter into force on the twentieth day of its publication in the "Official Gazette of the State", except for the first paragraph of the first provision, which shall do so on the day following that of such publication.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, July 28, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY