Organic Law 9/2015, Of July 28, Personnel Regime Of The National Police.

Original Language Title: Ley Orgánica 9/2015, de 28 de julio, de Régimen de Personal de la Policía Nacional.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8468

FELIPE VI


KING OF SPAIN
To all who see and hear.

Know: that the Parliament has approved and I hereby sanction the following organic law:

Preliminary title. Purpose and scope.

Article 1. Purpose and scope.

Article 2. Nature and dependence of the National Police.

Article 3. Applicable law.

Title I. Acquisition and loss of the status of career officer of the National Police.

Article 4. Acquisition of career civil servant status.

Article 5. Loss of career civil servant status.

Article 6. Rehabilitation.

Title II. Rights.

Chapter I. Individual Rights.

Article 7. Individual Rights.

Chapter II. Exercise collective rights.

Article 8. Rights of collective exercise.

Title III. Duties of the National Police. Code of conduct. Liability and legal and economic protection. Incompatibilities.

Chapter I. Duties and Code of Conduct.

Article 9. Duties.

Article 10. Code of Conduct.

Chapter II. Liability, legal and economic protection.

Article 11. Responsibility of officials.

Article 12. Liability of public administration.

Article 13. Defense and liability insurance.

Article 14. Damage to act or during the service.

Chapter III. Incompatibilities.

Article 15. Incompatibilities.

Title IV. Regime career officials of the National Police.

Chapter I. General Provisions.
Article 16.
career officials of the National Police.

Chapter II. Organization.

Article 17. Structure.

Article 18. Functions.

Article 19. Assignment.

Article 20. Specialties.

Chapter III. Personnel Roster and Registry.

Article 21. Escalafón.

Article 22. Personnel Registry.

Title V. Uniforms, badges and weapons.

Article 23. Uniformity and distinctive.

Article 24. Armament.

Title VI. Admission to the National Police.
Article 25.
Guiding Principles.

Article 26. Requirements.

Article 27. Selection process.

Article 28. Courts.

Title VII. Training in the National Police.

Article 29. Criteria and structure.
Article 30.
training regime.

Article 31. Cooperation agreements.

Article 32. The formation of income and specific vocational training.

Article 33. Ongoing formation.
Article 34.
specialization.

Article 35. Higher Professional Studies.
Article 36.
schools.

Article 37. Regime of students in schools.

Article 38. Teachers.

Article 39. University Training Center of the National Police.

Title VIII. career and internal promotion.

Article 40. Professional career.

Article 41. Internal promotion.
Article 42.
competition.
Article 43.
selective antiquity.

Title IX. Management and provision of jobs.

Chapter I. Management staff of the National Police.

Article 44. Staff establishment of the National Police.
Article 45.
catalog jobs.

Article 46. Destinations.

Chapter II. Provision of jobs.

Article 47. Procedures for provision of jobs.

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

Article 49. Mobility.
Article 50. Grade
staff.

Article 51. Performance evaluation.

Title X. Administrative situations.

Chapter I. Classes administrative situations. active service, special services and other government services.

Article 52. Classes.
Article 53.
active service.
Article 54.
return to active service.

Article 55. Special services.

Article 56. Service in other public administrations.

Chapter II. Exceedance.

Article 57. Modalities of exceedance.

Article 58. Voluntary leave of absence for particular interest.

Article 59. Voluntary leave of absence for family reunification.

Article 60. Leave of absence for care of relatives.

Article 61. Leave of absence on grounds of gender violence.

Article 62. Voluntary leave of absence for service delivery in the public sector.

Chapter III. Suspension of functions.

Article 63. Suspension of functions.

Article 64. Suspension
firm.

Article 65. Provisional suspension.

Chapter IV. Second activity.

Article 66. Status of second activity.

Article 67. Causes.

Article 68. Proceed to second activity by inadequate mental and physical fitness.

Article 69. Move to second activity at their request.

Article 70 Readmission to active duty from the position of second activity.

Article 71. Go to other situations from second activity.

Article 72. Competence to solve.

Article 73. Remuneration in the position of second activity.
Article 74. Peculiarities
remuneration.

Article 75. triennia rights and liabilities.

Article 76. Disciplinary measures.

Title XI. social protection and compensation regime.

Article 77. General principles of social protection.

Article 78. Temporary disability.

Article 79. Injuries, diseases and damage in the line of duty.

Article 80. Evaluation and control of psychophysical 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. honorific Ascents.

Article 86. Officials and honorary members.

Article 87. Retired staff.

Title XIII. System of representation and participation of officials.

Chapter I. Trade union organizations in the National Police.

Article 88. Constitution of trade unions.
Article 89.
representative trade unions.

Article 90. unrepresentative unions.

Article 91 limits the right to organize and trade union action.

Article 92. Responsibility of trade unions.

Article 93. Exercise of trade union activities.

Chapter II. The Police Council.

Article 94. Organization and competencies.

Article 95. Elections and mandate.

Chapter III. System of representation and participation in prevention of occupational hazards.

Article 96. Delegates prevention.

Article 97. joint bodies of participation.

First additional provision. Trienios recognition.

Second additional provision. volunteer reservists.

Third additional provision. Appointment of Professional level posts and General Deputy Police Chief Superior.

Fourth additional provision. Entry into the National Police by career officials of the police forces of the autonomous communities.

Fifth additional provision. normative references.

Sixth additional provision. professional services category superior eventual missions in international organizations.

First transitional provision. Transitional arrangements for qualifications requirement.

Second transitional provision. Transitional arrangements for permanency in the position of second activity destination.

Third transitory provision. Transitional arrangements pass to the situation of second activity.

Fourth transitional provision. Transitional arrangements to remain in the active service of members of the National Police welcomed the option under Article 4 of Royal Decree-Law 14/2011.

Fifth transitional provision. Transitional arrangements for officials of the National Police who have the status of volunteer reservist.

Sixth transitional provision. Validity of official university degrees corresponding to the previous management.

Seventh transitional provision. current regulations.

Single derogatory provision. Repeal legislation.

First final provision. Modification of the Organic Law 2/1986 of 13 March on Security Forces.

Second final provision. Modification of the Organic Law 4/2010 of May 20, the Disciplinary Board of the National Police.

Final disposition third. Amendment of Law 8/2006 of 24 April, army and navy.

Fourth final provision. Amendment of Law 29/2011 of 22 September, of Recognition and Integral Protection of Victims of Terrorism.

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

Sixth final provision. Amendment of Law 7/2007 of 12 April, on the Basic Statute of Public Employees.

Seventh final provision. Modification of the Organic Law 11/2007 of 22 October, regulating the rights and duties of members of the Civil Guard.


Eighth final provision. competential title.

Ninth final provision. regulatory development.

Final Disposition tenth. Character Organic Law.

Eleventh final provision. Entry into force.
PREAMBLE


I

The Spanish Constitution, Article 104 states that the Security Forces, serving under the Government shall have the duty to protect the free exercise of rights and freedoms and ensure public safety, which extends mandate the determination of the functions, basic principles of action and statutes of the Security Forces, which should be carried out through an organic law.

In compliance with this constitutional mandate, the Organic Law 2/1986 of 13 March on Security Forces, which develops the state competition of public safety, attributing to the Forces Security was enacted State, among others, the functions ensuring compliance with laws and general provisions, auxiliary and protect people and property, maintain and restore, if necessary, order and public safety, prevent and investigate the perpetration criminal, as well as capture and analyze whatever data are of interest to the public order and security.

By this standard was carried out the integration of the Superior Police Forces and National Police in a single institute National Police, in order to provide the police institution in a rational and coherent organization, while possible coordination problems were solved and control by unifying the two bodies into one group.

Similarly, the Organic Law 2/1986, of March 13, laid down the general principles of statutory regime of officials of the National Police, which made up a police organization based on criteria of professionalism and efficiency, attributing special relevance to the continuous training of civil servants and career advancement thereof.

So, in that standard is regulated, along with the basic principles and functions attributed to the National Police, other essential aspects, members of the professional status of its members as its structure, career advancement, rights collective representation, the Board of Police or incompatibilities, trying to maintain the necessary balance between recognition and respect for personal and professional rights and the necessary adjustments to be carried out in the exercise of some of these rights, because of the special features of policing.

This basic regulation was complemented by a set of rules of a regulatory nature, and obeying the mandate under the Organic Law 2/1986, of 13 March, which have come to develop various issues relating to income, training, selection processes, providing jobs, or disciplinary regime, among others, thus forming the current practice of personnel, including several articles of Decree 2038/1975, of 17 July, by which approves the Organic Regulation include of the security police, which still remain in force.

In this context, considering the time elapsed since the adoption of the Organic Law 2/1986, of March 13th time, the changes in the rules on the regulation of the civil service, uniquely approval of Law 7 / 2007 of 12 April, on the Basic Statute of Public Employees, and the evolution of the police in their gradual adaptation to social demands, it becomes necessary to update and fix, using a standard with adequate legal status, the statutory regime General officers, adapting it to their organizational and functional needs and demands of the group that integrates.


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

Through it he will meet a norm with legal status those essential aspects of the Staff of the National Police that are currently regulated scattered in standards of different rank, following the marked line for it by the Basic Statute of Public Employees, orderly, complete and adapted to the current reality way.


The preliminary title reflects its purpose, scope, nature and dependence of the National Police, distinguishing between the higher command, to be exercised by the Minister of the Interior, through the Secretary of State for Security and the direct command It shall be exercised by the director General of Police, under the authority of the Secretary of State for Security.

One of the novelties of the Preliminary Title and the law in general is the name used when referring to the National Police, endorsing the most commonly used by the citizens of National Police, this designation which in turn moves its members and national police. This measure has as its ultimate goal to consolidate the corporate image of the institution and contribute to greater and better integration into society it serves; which does not mean that the National Police retains its identity, required to structure and consolidate the tradition and continuity that police institution needs to deploy its activity inside and outside Spain.

Applicable law also relates, recalling the character of supplementary law to the rules of civil servants of the General State Administration and the direct application of some of the provisions contained in the Basic Statute of Public Employees, as the governing access to public employment, mobility principles gender and provisional application of the classification groups.

Also include reference to equal treatment and opportunities between women and men as a guiding principle of the interpretation and application of its provisions, especially in the area of ​​income, training, career development 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 contains no changes from the current legislation, conditions for the acquisition of the status of career officer of the National Police, the causes of this condition is lost and rehabilitation.

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

With regard to individual rights, although some of them are rights that do not require an express recognition, are new in your personal regime, because, for the first time carried out a sort of the same under the constitutional relevance of the legal interests in presence, emphasizing respect for dignity at work and especially in situations of labor or sexual harassment.

Also, it is remarkable the addition to its statutory rights regime that the administration take measures to promote the reconciliation of personal, family and work life, also rising to the right category permits and licenses listed in this title II.

With regard to the rights of collective exercise, it is noteworthy that the text welcomes the rights of collective representation contained in Article 18 of the Organic Law 2/1986, of 13 March, as the right of members of the police institution to establish trade union organizations at national level for the defense of their professional interests, to join them and participate actively in them; respecting, in any case, limits and restrictions on the collected material in the above standard, particularly referred to the exclusivity of membership of trade organizations formed solely by national police.

Title III develops the regime on duties where, in addition to listing the same and referral to the basic principles of the current regulations regarding security forces and configured as code of conduct included the new regulation reporting obligation officials in cases of declaration of a state of alarm, adjusting to the provisions of the Organic Law 4/1981, of June 1, the states of alarm, emergency and siege as well as improving the regime prescribed cancellation penalties.

Regulation is noteworthy that this title is the duty of residence, trying to find a balance between freedom of choice of domicile and the requirements arising from the fundamental and delicate mission that the Constitution entrusts the Forces Security, establishing it as a reference for the territory that, according to some objective criteria, determined relative to the template target.


Meanwhile, legal and economic protection of officials is reinforced with the hiring of a liability insurance to cover allowances, bonds and other amounts derived from the requirement of liability of any nature to the National Police, because of the actions carried out by them in the performance of their duties or in connection with them.

With respect to the incompatibilities regime has been used to regulate a system according to the peculiarities of policing that allows play, in general, a second job, in line with the case law that has recently been recognized compatibility requested by members of the Security Forces to exercise other activities; although two own limits of their status as National Police established. On the one hand, that second job does not lead to a deterioration of the image or prestige of the institution and, secondly, it is not contrary to its basic principles.
I
In Title IV, dedicated to his organizational system, the basis of its structure, as hierarchically organized with scales and categories body are set, taking a new approach to the functions assigned to each of the first, with the aim of harmonize and streamline the management of its staff, the continuity of services and different degrees of responsibility for policing.
Superior, Executive, Sub-inspection and Basic:
the four scales are maintained.

Also carried out the recognition of integration, for all purposes, of scales in Sub-inspection and Basic Classification Subgroups A2 and C1, respectively, and the requirement of qualifications required by Law 7 / 2007 of April 12, for entry into the respective qualifying groups in which these scales and categories fall.

The functions are assigned by scales, giving each one of them, consistent with its position in the hierarchical structure, management functions, control, supervision and physical implementation; It is contributing to an orderly distribution for the benefit of better internal functioning. Furthermore the areas of activity in which, in turn, different specialties in which the National Police operates are structured relate.

Title V determines unchanged, the general framework of regulation of uniformity, distinctive and armaments, establishing the character of uniformed body of the institute, but recognizing the possibility of acting without uniform, depending on the destination it occupies or service that performs. Similarly, the requirement to be fitted is fixed during the service time, some of the weapons established as regulations is provided.

In Title VI modalities of admission to the National Police, which are articulated through the system of open competition, in line with constitutional principles of equality, merit and ability, also responding, and among others, the principles are determined governing advertising of calls and their bases, transparency, objectivity, impartiality and professionalism of the members of the selection bodies.

Comparable criteria in professional conditions and access to the National Police in relation to the conditions laid down in these areas for the different Security Forces operating in the country are established. In this regard, it is worth noting the deletion of the maximum age requirement to enter both through the Executive Scale and the Basic Scale, based on the principles of equality and non-discrimination in access to public employment.

In Title VII develop the principles and the purpose and objectives inherent in the training regime with respect to each of its forms; either comprehensive training for entry, specific vocational training for internal promotion, continuing education for updating knowledge, expertise or training in higher professional education for the proper performance of management positions, all cornerstones and key , around which revolves the effective performance of the functions that are entrusted.

Training, seated on respect for fundamental rights and public freedoms recognized in the Constitution, is regulated at the level it deserves as a priority in the police career, as a uniform and progressive process, which requires complete and rigorous training system.


Continuing professional training and specialization is recognized as an individual right but, in turn, keep updated the training and qualifications becomes a duty.

Note is the acquisition of a commitment by those conducting high professional studies, stay in active service or special services for a minimum period of three years, standard practice in such training, breach of which shall entail the obligation to pay the Treasury the amount of the aforementioned studies.

With respect to schools and the system of their students and faculty, it has unified the denomination that students receive inspectors and assistant inspectors during the formation or performance of practices, respectively, both if you accessed by internal promotion as open competition, thus avoiding distinctions between students depending on their mode of access to the rank of inspector.

Title VIII deals with career and internal promotion in the National Police, which is organized according to the principles of equal opportunity, merit, ability and, where appropriate, antique, using basic methods of competition an opposition and selective antiquity.

It should be noted the novelty of the possibility of promotion through internal promotion to all categories, by either of the two modes; deleting the current limitation that only allows competition ascend to the rank of Police Officer and seniority selective to the Principal Commissioner.

Also rises two to three the maximum number of calls in which they may participate seniority selective and flexible conditions for this type of internal promotion to benefit the career of the National Police.

As for the requirements to climb internal promotion, it is required to be in possession of the corresponding subgroup classification degree, establishing a transitional period of five years in relation to this requirement for applicants to rise to any category .

On the other hand and in order to promote the professional development of staff and their compatibility with the reconciliation of work and family life, as well as the effective implementation of the principle of gender equality may participate in the processes of internal promotion National Police who are in situation of family care leave or leave of absence on grounds of gender violence; participation currently only allowed from the active service or special services.

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

The distribution of jobs in the catalog is ordered, as can not be otherwise, according to the principle of hierarchy, collecting first a rule consistent with the principle that prevents a National Police may be subject to another of lower category by reason of the job to occupy or which is attached, correcting situations that were happening in practice.

In that title is noteworthy recognition of the right of the National Police to carry on working until the age of retirement, moving to make appropriate psychophysical conditions in case they suffer a decrease in the same activities, in order to optimize the use of human resources.

In this title the rules and guarantees the provision of jobs, among which the new configuration scheme appointment of senior positions in the National Police and senior police chiefs in order to grant effectiveness are collected to the principles of openness and equal access to public employment. the so-called horizontal travel, which is configured as individualized recognition of professional development achieved by the officials of the National Police, through the progression in the structure of different jobs and the consolidation of the personal degree is also regulated.


As for mobility, with due regard to the protection given to women victims of police violence, lends aimed at ensuring, in this case, their comprehensive social protection and assistance, through the right to geographical mobility to another post own work on the scale or category of official, with similar characteristics, without it is necessary coverage. Besides mobility is contemplated for reasons of their own or family health, as well as those National Police declared victims of terrorism.

Special reference deserves the performance appraisal system, built by the Basic Statute of Public Employees now also implanted in the personnel system of the National Police, with the aim of measuring performance and achieving results novelty, according to criteria of transparency, objectivity, impartiality and non-discrimination, in whose establishment will participate representative trade unions.

In terms of administrative situations Title X aims to adapt the provisions on this matter contained in the above Basic Statute of Public Employees, to the peculiarities inherent to the National Police; highlighting, in line with the regulations contained in the previous title, regulation of administrative leave of absence on grounds of gender violence of the civil servant woman, whose purpose is to ensure effective protection and their right to comprehensive social assistance. Similarly, and in order to give effect to the exercise of the constitutional right to stand for election, to be quoted reconfiguring the situation of special services, to enable the national police who have agreed so unpaid the membership of legislative assembly of an autonomous community or a local corporation, may be included in such a situation.

The return to active service from administrative situations that do not involve job reserve is subject to compliance with two new requirements, consisting of possessing the psychophysical conditions for the service and perform a refresher course will not have character selective. This is a consequence of the importance to develop policing, it involves having adequate conditions and an updated training; all in response to the general interest that should govern the activity of the administration.

In voluntary leave of absence for particular interest and familial clustering has reduced the minimum duration of two years to one, in order to avoid such a situation should remain longer than necessary, being able to incorporate the official a year if deemed appropriate without having to extend the mandatory leave for another year.

Special mention should be the status of second activity, specifically the National Police, which aims to ensure proper medical fitness of staff while in active, in order to ensure the effective delivery of police services. To this end, and to achieve greater levels of legal certainty, the whole regulatory regime for this special administrative status, proceeding to repeal in its entirety the Law 26/1994, of 29 September, which regulates inserted.

In short, similar to the current regime is maintained, so that the causes to move to the second activity situation will be the same, either by failure of psychophysical skills, either at his own request for having met certain age according to scale of membership, age generally rises with respect to the under current regulations, or twenty-five years of effective services based on the quotas for categories authorized by the Minister of the Interior each year.

Moreover, and in accordance with the law of the National Police to carry on working until the retirement age, in the event of a decline in mental and physical fitness that does not cause the situation through retirement or second activity, it will develop activities appropriate to such conditions, according to the training and status of the official.

Finally, and in order to respect the expectations of the National Police, they are included through the third transitional provision, a set of rules by which ages are maintained through this situation depending on the time of admission in the institution, which are in force at the entry into force of this Act.


Title XI, designed to regulate social protection and remuneration system, giving treatment to the general principles of such materials and establishes the mechanisms through which are carried out. also regulates matters relating to temporary disability and the assessment and control of psychophysical conditions and the system of social action, under which specific programs on a regular basis will be developed and aimed at the social and labor welfare of staff and their families.

This is a unique and specific regime is justified by the most vulnerable in the National Police are in relation to the rest of the staff serving non belonging to the Forces Security Administration, both in terms of injuries and diseases suffered in the line of duty, and with regard to property damage occurred in the same situation.

Also bases its compensation system established, to be developed by specific legislation.

Title XII provides the regulatory framework for rewards and honors, instruments which this organic law gives the flexibility to fulfill its mission of rewarding the officials of the National Police, in the exercise of their functions, evidencing exceptional qualities or merits of courage, sacrifice or self-sacrifice for the benefit of the corporation, a meritorious work done or relevant and long career.

Finally, Title XIII establishes general rules for representation and participation of officials, where there are no major differences regarding how it is regulated by the Organic Law 2/1986, of 13 March, except for some changes that have designed to give greater clarity to the differentiation between representative and unrepresentative organizations, especially when determining the powers conferred upon them by law to exercise its function.

It also should be noted that the standard emphasizes the relevance of the Police Council, a collegial body of participation, with equal representation of management and representatives of the members of the National Police, which concur as voters and candidates optional and technicians, by attributing to that body of new features on the professional status of staff members, among which participation in determining the criteria according to which the territory where the establishment of residence authorizing the establishment of officials, or fixing the general criteria and mechanisms on performance assessment.

This title ends with a reference to the regime of representation and participation of officials in the prevention of occupational hazards, collecting the figure of the prevention delegates and the organs through which the scheme is articulated.

Among the measures contained in the additional provisions highlights the incompatibility between the status of official of the National Police and volunteer reservist of the Armed Forces, since if the protection of the free exercise of rights and guarantee public safety are the essential missions of officials of the National Police in peacetime, much more have to be in severe crisis or conflict. Similarly, it has established the possibility of joining the National Police, through the system determined by regulation of career officials of the police forces of the autonomous communities.

In addition it includes the ability to hold a casual basis that favors a higher category positions of command when he is assigned on missions or international organizations, as has happened in other European police forces.

For its part, the transitional provisions include, inter alia, the maintenance in force of the rules of regulatory nature in force while posting coming to replace it and the transitional regime of the change of name of the institution or regulations applicable to the officials who are in the position of second activity destination.

The rules expressly include repealing certain provisions of the Organic Law 2/1986, of March 13, referring to the regime of representation of officials and repeal in its entirety, the Organic Rules of the Police Gubernatorial.

On the other hand, in the area of ​​the final provisions, the Organic Law 4/2010 of 20 May, amending and identify the precepts that have the character of organic law.


III

In short, it has been assembled in a single legal text staffing system of career officials of the National Police, respecting the constitutional principles that the task given to the members of the Security Forces, all in line with developments operated in recent years in the regulatory scope of the civil service, according to the specificities of policing and whose ultimate goal is to provide citizens with an efficient and quality service.
PRELIMINARY TITLE


Purpose and scope

Article 1. Purpose and scope.

1. This Organic Law is to establish the system of staff career officials of the National Police and the corresponding rights and duties they are enforceable, according to its nature of armed institute civil nature.

2. Career officials of the National Police in a different situation to that of active service are included in its scope, with the extent and limits established in the regulations of their particular administrative situation.

3. It also applies to students of schools of the National Police, in matters not provided in their specific legislation.

Article 2. Nature and dependence of the National Police.

1. The National Police is an armed institute civil nature, with hierarchical structure whose mission is to protect the free exercise of rights and freedoms and ensure public safety, with scope throughout the national territory.

2. This mission is realized by performing the functions assigned by law to the National Police, and in particular under the Organic Law 2/1986 of 13 March on Security Forces. To this end, it will have the material and human resources necessary for the effective exercise of their mission.

3. The allocation, management and performance of functions and responsibilities are based on the principle of hierarchy.

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

5. Career officials of the National Police will receive the generic name of National Police.

Article 3. Applicable law.

1. The statutory regime of the National Police shall comply with the provisions of this Organic Law and its implementing regulations, having as a supplementary legislation for civil servants of the General State Administration.

2. Articles 55 and 82, and the third transitional provision of Law 7/2007 of 12 April, on the Basic Statute of Public Employees, will direct the regime of National Police personnel application.

3. Equal treatment and opportunities for women and men, as a guiding principle of the legal system, be observed in the interpretation and application of the rules governing access, training, career advancement and 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 the status of career officer of the National Police

Article 4. Acquisition of career civil servant status.

The status of career officer of the National Police is acquired by the subsequent compliance with the following requirements:

A) Exceeding the selection process.

B) Appointment by the competent authority.

C) Act compliance with the Constitution and other legislation.

D) Takeover within the prescribed period.

Article 5. Loss of career civil servant status.

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

A) retirement.

B) A waiver of official status.

C) Loss of Spanish nationality.

D) The disciplinary sanction of dismissal which he has strong character.

E) The main penalty or absolute or special disqualification from public office which he has strong character.

2. Retirement may be:

A) Voluntary, at the request of the official, provided that it meets the requirements and conditions established in the Social Security regime that is applicable.


B) Forzosa, which is declared by the office to meet the official sixty-five years of age, provided that the requirements for it in the social security scheme that is applicable are met.

C) the declaration of permanent incapacity to perform the functions assigned to the National Police.

3. Voluntary to the status of career officer Waiver must be expressed in writing and will be expressly accepted by the administration within a maximum period of three months, unless the official is bound to file disciplinary or has been issued against indictment or to trial by the commission of any criminal offense.

The resignation to the status of career officer of the National Police does not disable to enter back into 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 retirement for permanent disability for service, the person concerned after missing the objective reason that motivated, may seek recovery of its status as a career officer, which it will be granted provided that also meets the requirements outlined in Article 26.1.

2. The Council of Ministers, on the proposal of the Minister of the Interior may grant exceptionally rehabilitation, at his request, who had lost the status of career civil servant for having been sentenced to the principal penalty or disqualification, serving the circumstances and the entity of the crime. If after the deadline for issuing the resolution it had not been notified expressly rejected the application means.
TITLE II



Rights CHAPTER
I
Individual rights


Article 7. Individual Rights.

1. The National Police have the following rights of individual character:

A) In respect of privacy, sexual orientation and image.

B) A dignity at work, especially against sexual and gender, moral and mobbing.

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 condition or personal or social circumstance.

D) Freedom of expression within the limits of the law.

E) tenure in the career civil servant status, which may be lost only on the grounds specified in this Act.

F) To receive public administration defense and legal aid in procedures to be conducted before any court order as a result of the legitimate exercise of their functions.

G) Open access to your personal file and to request inclusions, amendments and cancellations data provided by law.

H) A progression in the career and internal promotion accordance with the principles of equality, merit, ability and seniority, in accordance with the requirements of this Act.

I) A permanent and specialized vocational training, preferably during working hours.

J) A perception of remuneration and, where appropriate, compensation for service reason relating to them.

K) information, training and effective safety and health protection at work.

L) A secondment and performance of a job of their scale, category or subgroup classification, according to the principles of merit, ability and seniority and in accordance with the requirements of the regulations in procedures for filling posts of work.

M) When performing duties appropriate to their psychological and physical conditions as provided in this Organic Law ..

N) To participate in the achievement of the objectives attributed to the unit which provides services and to be informed by their superiors of the tasks to be performed.

N) information, by his immediate boss, of the results of evaluations carried out, particularly on the achievement of objectives and performance appraisal.

O) A rewards and decorations that creditors and ostentation of the latter on the garments of uniformity in the terms established by regulation to be made.

P) the adoption of measures to promote the reconciliation of personal, family and work life, under the terms established by regulation.


Q) To enjoy paid annual leave or days in proportion corresponding to them if the actual working time was reduced, and permits and licenses provided in the rules governing the civil service of the General State Administration, under the terms and conditions established by regulation, taking into account the nature and peculiarities of providing the police service.

R) A health care and social benefits.

S) to retirement, under the terms and conditions set forth in the applicable rules.

T) to the other rights that expressly recognized by law.

2. The Government will promote the social status of the work of the officials of the National Police, in the exercise of their functions, based on the dignity of the police service.
CHAPTER II



Collective exercise rights
Article 8. Rights of collective exercise.

1. The National Police have the right to form trade unions at the national level for the defense of their professional interests.

2. Notwithstanding the provisions of the preceding paragraph, may only join trade unions formed exclusively by national police. Such organizations may not federate or confederate with others which, in turn, are not composed exclusively of members of the National Police, although they may join international organizations of the same character.

3. They also have the following rights exercised collectively:

A) to organize and trade union action, in the form and with the normatively specified limits. They may not engage in any circumstances, the right to strike or substitute actions thereof, or concerted action in order to disrupt the normal functioning of the services performances.

B) A collective bargaining, understood, for the purposes of this Act, such as participation through the representative trade organizations within the Police Board or the tables to be established within the framework of that body , in determining the conditions of service delivery by the normatively established procedures.

C) To be informed, through trade unions, of the data provided the Directorate General of Police on matters which are the subject of study, participation and report by the Police Council or other bodies consultation and participation of officials.

D) The approach of collective disputes in the Police Council.
TITLE III


Duties of the National Police. Code of conduct. Liability and legal and economic protection. Incompatibilities
CHAPTER
I

Duties and Code of Conduct

Article 9. Duties.

The National Police have the following duties:

A) swear or promise allegiance to the Constitution and other legislation, ensuring compliance and respect.

B) To perform their tasks, duties or charges loyally and impartially, objectively serve the general interest.

C) To obey and execute the orders they receive from the authorities or those who depend controls, provided they do not constitute a criminal offense or were manifestly contrary to the law.

D) Collaborate with the Administration of Justice and help her in the terms established by law.

E) Maintain professional secrecy concerning matters before them by reason of their positions or duties and not misuse of the information obtained.

F) Save materials classified secret or other disclosure of which is legally prohibited.

G) To ensure the preservation of documents, effects and information office.

H) Porting and use the weapon in cases and in the manner prescribed in the regulations.

I) Introduce or made immediately available to the unit where it was intended, or at the earliest, in cases of declaration of states of emergency or siege or, if so provided in the event of serious deterioration of security citizen.

In cases of declaration of a state of alarm, will be submitted when they are summoned to do so, in accordance with the provisions of the competent authority, in cases in which the collaboration of the Forces of State Security is required .

J) Greet and correspond to the greeting, in the terms determined by regulation.

K) Informing citizens on matters that have a right to know and facilitate the exercise of their rights and fulfill their obligations.


L) To support their peers and other members of the Security Forces, they are required or needed outside intervention.

M) To observe the regime of incompatibilities.

N) Comply with the standards of uniformity.

O) To conserve and properly use the equipment, premises and other material resources necessary for the performance of police duties.

O) Comply promptly and enforce the regime of working hours and schedules established by regulation.

P) To perform the functions or tasks assigned to them and those entrusted to them their bosses or superiors, being responsible for the proper performance of the services in charge.

Q) Use established procedures when making requests or complaints related to service, and report any incidents that may affect service or arising in its development to superiors.

R) Maintain updated their training and professional qualifications, as well as keep in force the administrative authorizations that enable for the exercise of the activities required to obtain the status of career officer of the National Police.

S) Reside in the territory to be determined depending on the destination template. To this end, the objective criteria on the basis of which will be determined that territory, where the residence of the National Police, guaranteeing, in any case, proper performance of the service be authorized shall be determined.

Article 10. Code of Conduct.

The National Police shall perform the functions entrusted faithfully fulfilling the basic principles contained in the current regulations of the Security Forces, as well as the guidelines set by the Declaration on the Police contained in the resolution of the Parliamentary Assembly of the Council Europe May 8, 1979, and Resolution 169/34 of 1979, the United Nations General Assembly, containing the Code of Conduct for officials of law enforcement.
CHAPTER II


Responsibility, legal and economic protection

Article 11. Responsibility of officials.

The dereliction of duty expressed in the preceding articles shall be punished in accordance with the rules governing the disciplinary system of the National Police, whether civil or criminal liability that may be incurred, with which will effective in the manner prescribed by law.

Article 12. Liability of public administration.

The liability of the central government, resulting from acts carried out by the National Police or on the occasion of the service provided by them to the administration, shall be governed by the provisions of the rules of legal regime public administrations and common administrative procedure.

Article 13. Defense and liability insurance.

1. The administration is required to provide National Police defense and legal aid in procedures to be conducted before any court order, as a result of the legitimate exercise of their functions.

2. The Administration shall conclude a liability insurance or other financial security to cover allowances, bonds and other amounts derived from the requirement of liability of any nature to the National Police, because of the actions carried out by the same in the performance of their duties or on the occasion thereof, in the terms established by regulation.

Article 14. Damage to act or during the service.

The Administration should financially compensate the National Police when they suffer damage to act or during the service, without a meanwhile fraud, negligence or serious malpractice, under the terms established by regulation.
CHAPTER III



Incompatibilities regime
Article 15. Incompatibilities.

1. The National Police will be subject to the incompatibilities provided for in the general law applicable to civil servants in the government, with specialties that, given the nature of policing, established in this Organic Law and its implementing regulations developmental.


2. Under no circumstances may allow compatibility to play a second work, employment, profession or activity, public or private, that could prevent or impair the strict fulfillment of their duties or compromise their impartiality or independence, be incompatible by reason of the level the workplace to address, assume a deterioration to the image and prestige of the National or be contrary to its basic principles Police.

3. It will be competent to decide on the request for support for a second job or activity, both in the public sector and the private sector, the Ministry of Finance and Public Administration, a proposal by the Director General of Police. The decision ordering the grant or refusal must be expressed. If, after the deadline for issuing and notifying the same, it would not have been transferred to the person concerned means rejected the request.

4. National Police at-second activity can play professional, labor, commercial or industrial private activities without seeking recognition compatibility in the preceding paragraph refers, provided they do not have authorized them support to perform some activity public.

The exercise of the functions related activities that have been carried out during the two years immediately preceding the pass to the status of second activity will be subject to prior approval of the Director General of Police for a period of two years as from the day following the date of passing this situation day.

5. Regulations, standards development and application of the general rules of incompatibilities of staff working for the government will be held to adapt it to the specific structure and functions of the National Police, as provided in this Act.
TITLE IV


Regime career officials of the National Police
CHAPTER
I
General provisions

Article 16.
career officials of the National Police.

They are career officials of the National Police who, under legal appointment, are linked to the Central Government as members of the Security Forces of the State, a statutory relationship regulated by administrative law, for the performance of professional services paid permanent.
CHAPTER II

Organization


Article 17. Structure.

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

A) Scale Superior, with two categories:

First: Principal Commissioner.

Second: Commissioner.

B) Executive Scale, with two categories:

First: Chief Inspector.

Second: Inspector.

C) Scale Sub-inspection, with the rank of Deputy Inspector.

D) Scale Basic, with two categories:

First: Police Officer.

Second: Police.

2. In the case of a woman correspond to ownership, the nomenclature of the categories will be as follows:

Commissioner.

Inspector.

Deputy Inspector.

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

A) The Superior Scales and Executive are both classified in Group A, subgroup A1.

B) Scale Sub-inspection is classified in Group A, subgroup A2.

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

4. In the National Police will exist spaces physicians and technicians, integrated respectively in subgroups A1 and A2 classification, necessary for coverage and support of the police function, and to be covered between career officials of any government public, according to the system determined by regulation.

Exception, and in accordance with the provisions of the relevant laws of the State Budget, may be temporarily hire specialists to perform such functions as long as the circumstances so require and stating that needs can not be met with existing personal media.

5. To access the scales and categories of the National Police and the places cited doctors and technicians in the previous sections will need to be in possession of official academic qualifications required by Law 7/2007 of 12 April, for admission the respective qualifying groups where these scales are framed and squares.

Article 18. Functions.


1. It is for the national police, as belonging to different scales, hierarchically ordered categories, the performance of the following functions:

A) A Higher Scale, the direction of law enforcement.

B) The Executive Scale, the control of police services.

C) Scale Sub-inspection, supervision of law enforcement.

D) A Basic Scale, the actual execution of the tasks entrusted to the National Police.

2. In addition, each scale corresponds from their respective level of responsibility, planning, coordination, promotion, monitoring and control of police services which have allocated.

3. It also corresponds to career officials occupying spaces physicians or technicians, assistance to police work, with the tasks of the profession for the exercise enables the degree that was required them, as well as other features that require knowledge own specific and specific training.

Article 19. Assignment.

1. The National Police are obliged to perform the functions that require the execution of the services of a police nature and needs of public safety, other than for the job they perform, provided they are appropriate to their scale or category and undiminished in remuneration, in duly substantiated cases and the absolute minimum time.

2. The district managers with competence management and control organized integrated within its scope in accordance with the provisions of the regulations in force, without prejudice to the functional dependence of these regarding their respective specialized central services services by distributing among them the material means and human assigned under the senior management of the police governing bodies.

Article 20. Specialties.

1. The National Police will have the specialized skills to perform those specific tasks that a certain level of knowledge required in the following areas:

A) Management and coordination.

B) Information.

C) Judicial Police.

D) Public Safety.

E) Immigration and Borders.

F) Scientific Police.

G) Documentation.

H) International Cooperation.

I) Management and Support.

To access each of the specialties will be essential to successfully passing the specialization course and, where appropriate, be in possession of qualifications or knowledge to be determined in each case.

2. The integral personnel of different specialties you may be required in the provision of a commitment to stay in them, as well as periodic overcoming a test update. Similarly, membership in these specialties may involve the effects to be determined in terms of scale, as well as other economic or administrative nature.

3. In compliance with the principles set out in the preceding paragraphs, the specialties will be specified by regulation, its definition, requirements and conditions required for entry, maintenance and termination thereof, as well as compatibility between them.
CHAPTER III

Roster and Registry
Personal

Article 21. Escalafón.

1. The National Police, whatever their administrative situation, must appear in a escalafonal and detailed list, which will be sorted by categories and within each of them, their seniority in the same, defined as the actual service provided in the category in question and taking account, where appropriate, the promotion number obtained access to that category.

This relationship will be updated and published at least annually, in the form established by regulation.

2. National Police at-second activity contained in an annex to the relationship.

Article 22. Personnel Registry.

1. The National Police shall appear in a Registry of Staff, consisting of a computerized database and will be in charge of the body responsible for personnel management.

2. The Registry will coordinate with the Central Registry of Staff General State Administration.


3. The Register of Personal and the items that make up the personal file of National Police, as are those of his identity, facts and circumstances relating to his professional life, as well as other administrative actions relating to children, respecting, in any case, the provisions of current legislation on the protection of personal data.
TITLE V


Uniforms, badges and weapons

Article 23. Uniformity and distinctive.

1. Members of the National Police, in general, act in uniform. Depending on the destination that occupy or service they perform, they can develop their performance without uniform in shape and conditions to be determined.

2. The professional license plate and emblem are the hallmarks of identification of the national police.

3. Will wear uniform in the currencies of its category, emblem or badge emblem and other distinctive those established by regulation.

Article 24. Armament.

1. The National Police shall be provided during the time who serve in some of the regulatory arms or expressly authorized for use in law enforcement, unless a valid reason you otherwise depending on the destination or service occupying performing services.

2. With corresponding training processes will be trained and kept constantly updated National Police in active service, to know the proper use of weapons and other coercive means capable of being used in policing.
TITLE VI


Entry into the National Police
Article 25.
Guiding Principles.

1. Admission to the National Police will be conducted in accordance with constitutional principles of equality, merit and ability, by successively overcome by applicants of the different phases that integrate the selection process.

This income may be made by accessing the categories of Inspector and Police, by the process of open competition, in the terms in which it is determined by regulation.

2. The selection process, in addition to the aforementioned constitutional principles, to answer the following range:

A) Advertising of calls and their bases.

B) Transparency.

C) Objectivity.

D) Impartiality and professionalism of the members of the selection bodies.

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

F) Adequacy between the content of the selective processes and functions or tasks to be performed.

Article 26. Requirements.

1. To participate in the selection process, applicants must meet the following requirements:

A) Have Spanish nationality.

B) To be over 18 years old and not exceed the maximum retirement age.

C) Not have been convicted of a felony, or separated from service of the General Administration of the State, state, local or institutional administration, or be disqualified from exercising public functions.

D) not be included in any of the physical or psychological causes of exclusion that prevent or impair the functional or operational necessary for the performance of their own tasks of the National Police capacity. The catalog of medical exclusions to entry in the National Police will be established by regulation.

E) Provide commitment, by a declaration of the applicant to bear arms and, if necessary, get to use them.

2. In addition to the requirements set out in the preceding paragraph, must be in possession of the following academic qualifications:

A) For access to the rank of Inspector, it is chargeable official university degree.

B) For access to the category of Police, the bachelor's degree or equivalent is required.

3. Calls may enforce other specific requirements to observe strict relation to the functions and tasks to perform.

4. Regulations vacancy rates that will be reserved for the opposition to free income category Inspector will be established.

Article 27. Selection process.

1. The selection process to be overcome applicants will be required appropriate to the level and characteristics of the formation to take, as well as functions to develop academic degree.


2. Statutorily how selective processes, its different phases and subjects on which will focus should be developed it will be determined. In addition to the knowledge tests may be established other physical or Psychometric character, used to establish that applicants meet the psychophysical skills necessary for the effective performance of the functions assigned to the National Police, as well as for the respective training courses .

Article 28. Courts.

1. For the Director General of Police call for selective admissions processes, the appointment of members of the court who shall carry out the qualification test and ensure the proper development of these processes.

2. The courts shall consist of an odd number of members, career officials. The members of these belonging to the National Police must have at least the professional category to aspiring participants in the tests, and the remaining will have to be integrated into bodies or functionary scales greater than or equal subgroup classification to corresponding to the above category.

Membership of such courts will always individually, it can not represent themselves on behalf or on behalf of anyone.

3. The presidency will rest on a National Police in active service, who should have equal or superior professional category to aspiring participants in the tests.

4. They may not be part of court personnel election or political appointment, the temporary officials and temporary staff.

5. The courts designated act with complete independence and technical discretion as well as impartiality and professionalism. They will be responsible for the objectivity of the process and ensure compliance with the rules of the call.

6. The courts may provide incorporating their specialist advisers work for all or some of the tests, in accordance with the provisions of the relevant call, whose role is to provide advice and technical collaboration on issues specific to their specialties.
TITLE VII


The training at the National Police

Article 29. Criteria and structure.

1. The training at the National Police is directed towards achieving vocational training and continuous updating of their officials. This training is based on full respect of fundamental rights and public freedoms recognized in the Constitution.

2. The training is structured in the following ways:

A) The comprehensive training to join the National Police.

B) specific vocational training for access to the scales and categories through internal promotion.

C) Continuing education for updating professional knowledge.

D) Specialization to perform jobs in those areas of activity in which there are specific skills required.

E) Training in high professional studies.

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

4. There will be an updated training activities by specialty, with review of the needs of the latter, seeking capabilities obtained and an assessment of the training required catalog.
Article 30.
training regime.

1. The training regimen is configured as a unitary and progressive process, with a vocation to be recognized in the field of Spanish education system, and served in its fundamental part by the educational structure of the body responsible for the formation of the National Police.

2. A proposal by the Minister of Interior, training studies that are made in schools may be recognized in the field of Spanish education system, according to current regulations.

Article 31. Cooperation agreements.

1. In the training regime may collaborate institutions or agencies of the central government, the regional governments and local administration as well as other institutions, universities and national and international organizations, public or private, by corresponding agreements collaboration or concerts that subscribe to that effect and specifically of interest to educational purposes.


2. In the field of lifelong learning avenues of collaboration with representative trade unions they will be established in the manner and conditions to be determined.

Article 32. The formation of income and specific vocational training.

1. The formation of income and specific vocational training for access by internal promotion to different scales and categories will aim to achieve the necessary training of the National Police to perform professionally and effectively functions as a public service entrusted to the Police National. To this end, access requirements, duration, workload, content and level of education will be adapted.

2. The Interior Ministry on the report of the Ministry of Education, Culture and Sport, determine training plans that will govern the courses for admission and career advancement.

3. The design of training plans will collect, among other guidelines, the general objectives of training, content and duration of training courses, which may be supplemented by modules of practical training for entry or when so advised the nature of the characteristics of the scale or category functions to which rise, for internal promotion.

Article 33. Ongoing formation.

Continuing education will aim to maintain the level of training and updating of the National Police through mainly of teaching materials which have undergone substantial evolution.
Article 34.
specialization.

The specialization will be aimed at preparing for the performance of jobs that are specific skills needed, and will aim at training specialists in specific police areas as well as impact on content whose knowledge and experimentation necessary deepen.

Article 35. Higher Professional Studies.

1. For the proper performance of management positions, senior professional studies courses to train for the exercise of the functions of these positions and impact on knowledge and research methods and police techniques will be convened.

2. Those conducting the highest professional studies courses acquire a commitment to stay in active service or special services for a minimum period of three years from the completion of studies.

The breach of the undertaking by the National Police for the same shall entail the obligation to pay the Treasury the amount of those studies, in the terms established by regulation.
Article 36.
schools.

1. The schools of the National Police are intended to impart training in various forms.

2. The organization and operation of schools and their academic and disciplinary system, are governed by specific regulations.

3. The schools must provide mutual cooperation and support for the development of training plans that have entrusted especially with schools of other police forces.

Article 37. Regime of students in schools.

1. Students of schools of the National Police who aspire to enter for free turn in the categories of Inspector or Police shall be considered probationary officials. The time period in which this condition is bearing calculated for purposes of trienios and scale.

During the duration of the training phase or selective course they are referred Police Inspectors pupils or students. While performing practices module performing a job will be the name of practices and Police Inspectors in practice.

2. Students of schools of the National Police that access by internal promotion to the rank of Inspector shall be considered students Inspectors for the duration of the training phase or selective course and assistant inspectors during practice module performing a post of work.

3. A probationers and other students of schools of the National Police will be applicable specific legislation.

Article 38. Teachers.


1. Teachers of schools shall be composed of national police. The procedure for filling the jobs of schools shall be governed by the principles of equality, merit and ability, in order to ensure objective, efficient and transparent selection of teachers.

2. The delivery of lessons and courses can also be conducted by experts and professionals of recognized competence in different subjects, from other Forces and Security, University, Judiciary, Public Prosecution, Armed Forces, General State Administration, regional administrations and local and centers, institutes or schools of education and training of prestige.

To this end, the Directorate General of Police, at the proposal of schools, may enter the teaching of the relevant class or with professionals, either with the authorities or entities which they depend, through the procedure legally established for each case, and always in terms that allow the budget available at all times.

Article 39. University Training Center of the National Police.

1. In order to impart the corresponding college Education System Spanish training, a University Training Center of the National Police, assigned to one or more universities, depending on the academic aspects of an Academic Council created to be created this effect, and structural and operational, the body responsible for training.

2. Cooperation agreements determine its structure, in which a monitoring committee and assessment of their application, their teaching activities, financing and operation will be integrated.

3. The University Training Center of the National Police may hire teachers in labor regime, through the modalities of specific recruitment of university.
TITLE VIII


Career and internal promotion

Article 40. Professional career.

1. The career of officials of the National Police is set as the array of opportunities for promotion and career advancement expectations, according to the principles of objectivity, equality, merit, ability and, where appropriate, antiquity. It will consist of the application, in isolation or simultaneously, some of the procedures set out in this article.

2. The vertical stroke is access through internal promotion to the next higher categories that make up the different scales of the National Police, under the terms established in this Act.

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

Article 41. Internal promotion.

1. National Police in active service, special services, or leave to care for family members or because of gender violence may amount through internal promotion to the top category to which bearing upon compliance with the requirements specified in the regulations .

Categories A Police Officer, Deputy Inspector, Inspector, Chief Inspector, Commissioner and Chief Commissioner will be accessed by the modes of competition and age selective.

2. Statutorily reserved vacancy rates both competition and selective seniority in promotion processes for internal promotion shall be established. Similarly vacancy rates that will be reserved for access to the rank of Inspector, both income from free opposition and internal promotion will be established.

3. The ascent through internal promotion require to be in possession of the degree corresponding subgroup classification, in accordance with Article 17.4.

4. For the constitution of the courts for internal promotion processes the same points referred to in Article 28 of that Act shall be taken into account.
Article 42.
competition.

1. In order to attend tests ascent mode competition, applicants must meet at least two years of effective service in the category they hold. They shall be established by regulation, respecting the above period, the minimum residence times in each category for the purposes of the provisions of this article.


2. Promotion processes by competition consist of the following phases:

A) Contest, in which the court will approve the list of candidates who qualify and determine the score payable thereon, in accordance with the scale to be fixed.

B) Opposition, including tests to measure both the suitability for performance of the category to which we aspire as professional knowledge.

C) Specific training of selective professional.
Article 43.
selective antiquity.

1. They may apply to take part in promotion procedures seniority selective National Police, in addition to meeting the requirements established by regulation, they are in the first section of the escalafonal ratio determined by regulation and exceed the occupational scale.

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

A) Pre-qualification, consisting of the verification of compliance with the requirements and the occupational scale.

B) Proficiency testing of professional knowledge, Psychotechnology and selective nature to be determined in each call.

C) Interview, directed to check the suitability for the performance of the corresponding to the category aspirational functions.

D) Specific training of selective professional.

3. The maximum number of calls in which they may participate for this mode is three. Regulations and requirements cases in which they will or will not computed for these purposes will be determined.
TITLE IX


Planning and provision of jobs
CHAPTER
I

Management staff of the National Police

Article 44. Staff establishment of the National Police.

1. The staffing of the National Police in active service shall be determined according to the needs arising from the service, adjusting in any case the credits established in the Law on State Budget.

2. The Council of Ministers, on the proposal of the Minister of Interior shall determine, effective for periods of five years, the regulatory template for different categories.
Article 45.
catalog jobs.

1. The jobs whose performance meets the National Police will be listed in a catalog, technical instrument of management staff according to the needs of the services.

2. The catalog of jobs will be public, except for those positions whose duties are of particular confidentiality.

3. The catalog will reflect the distribution of jobs by templates and must necessarily include the name of posts, the location where they are residing, number, level of complement of destination, specific add, scale, category or sub qualifying which they are reserved and, if necessary, if your assignment is indistinct, and the manner of provision.

4. The distribution of jobs in the catalog are made according to the principle of hierarchy without, in any case, a National Police may be subordinate to another of lower category by reason of the job to occupy or to which is assigned.

Article 46. Destinations.

1. The National Police will be assigned to a job on its scale and category or subgroup classification, those listed in the catalog of jobs.

2. The National Police will remain active until reaching retirement age. However, those who experience a decrease in their psycho-physical conditions whose intensity prevents them from the normal discharge of their functions, but does not pass through to the situation of retirement or second activity, it will be to make appropriate referrals to these psychophysical conditions activities. To appreciate this decrease health service report will be required.

3. They may also be assigned to jobs within the subgroup classification scale, whose duties are related specifically to safety, the Ministry of Interior, other government departments, institutions and public or international organizations bodies prior favorable report of the Directorate General of Police.

4. Exceptionally, and because of the characteristics of the job, career officials of the General State Administration may be assigned to a post corresponding to their subgroup classification, those listed in the catalog work.

CHAPTER II

Provision

jobs
Article 47. Procedures for provision of jobs.

1. The jobs will be provided in accordance with the principles of equality, merit, ability, advertising and seniority, by the procedures of open competition of merit, merit specific contest or free designation.

2. Provision procedures shall be governed by the respective call, which shall comply with the provisions of this Organic Law and the rules that develop it.

3. The general merit-based competition is the normal procedure for filling, as well as how to get a job upon entering the National Police. In it will take into account the age and, if necessary, the merits established by regulation.

4. For the procedure on merit specific jobs for which performance will be provided special scientific or technical knowledge, or particular professional skills they are required.

Merits and enforceable requirements in the calls are necessarily related to the specific content of each job and will be assessed by a collegial body.

5. The free designation is discretionary assessment by the competent body of the suitability of the candidates regarding the requirements for the performance of the job.

The procedure may be appointed as supply system will be duly justified in view of the special trust derived from the nature of the functions of certain jobs, either because of their special responsibility or confidentiality.

6. Leadership positions in the National Police organic rank of deputy general manager and top police chief be provided between Commissioners Principales. The coverage of these positions will be held by selection, through a special procedure governed by the principle of celerity, whose effect may be reduced deadlines for the ordinary system. Competition to conduct these appointments will rest with the Minister of Interior proposal of the Director General of Police and the report issued by the Secretary of State for Security.

7. Statutorily develop the various aspects of providing jobs in the National Police, subject to the principles established in this Act.

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

1. The appointment and termination of the jobs mentioned in the previous article shall the Director General of the Police, except those whose competence rests with the Minister of the Interior or the Secretary of State for Security.

2. No person may enter competitions that are called within two years after the inauguration of the ultimate destination obtained by general or specific competitive basis, with the exceptions established by regulation. Notwithstanding the foregoing, in the event of allocation of destinations compulsorily who obtain them may compete for other vacancies after one year has elapsed from the date of takeover.

3. National Police who obtained a job by the procedure of open competition of merit may be assigned by decision motivated by needs objectively appreciated service to other jobs within the same municipality, in the same way of provision level complement and target specific supplement.

4. National Police who obtained a job for the specific procedure on merit only be removed by supervening causes, resulting from an alteration in the content of the job to modify the assumptions that formed the basis of the call or a lack of capacity for performance, manifested by poor performance and prevents effectively perform the functions assigned to the post.

The decision closing the file removal will be motivated after hearing the person concerned and exhaust administrative remedies.

5. National Police who obtained a job for free designation procedure may be terminated in the same discretionary basis.


6. Those national police who have been dismissed from positions be appointed or removed at positions obtained by specific competitive examination will be temporarily assigned to a job in its class, not lower than two levels to your personal degree, preferably in the territory of the Provincial Police Station where they were intended.

7. Officials belonging to suppressed, reduced or clustered who have lost their jobs in the same templates, will have absolute preference for once to access the vacancies assigned to the procedure of open competition existing merit in any locality of the national territory.
He
In the event that these officials do not concursaren to vacancies or not they were intended to, be appointed to any of the existing vacancies. In this case, preference will be for two years and only once, to get a new job vacancy to be convened within that period by open competition of merit in any template. In case of a tie in score, it will be what provided for these cases the order in which the corresponding scale is approved.

Article 49. Mobility.

1. In case of urgent and pressing need, the jobs can be filled on an interim basis on secondment under the terms established by regulation.

In any case, once one year has elapsed since the start of the secondment, shall be published within six months, the call for the provision of the job according to the established system.

2. The official of the National Police victim of gender violence is forced to leave the job in the town where he came from providing their services for their protection or their right to comprehensive social assistance, shall be entitled to transfer to another post your own work or professional category scale, with similar characteristics, without the need for necessary coverage is vacant. This transfer will be considered forcible transfer.

3. The National Police will be assigned to a job in a different administrative unit, in the same or in another location on request on grounds of health or rehabilitation therapies own official, his spouse, or dependent children charge, provided that the requirements specified in the regulations are met.

4. They may have those geographic mobility National Police declared victims of terrorism in the terms established by regulation.
Article 50. Grade
staff.

1. National Police personnel will acquire a degree by the performance of one or more jobs at the corresponding level for two continuous years or three interrupt.

Notwithstanding the provisions of the preceding paragraph, when you get a top job in more than two levels to the corresponding to its consolidated staff level, will consolidate every two years of continuous service the top grade on two levels which possessed without in no case may exceed corresponding to the position played, or the interval corresponding to the scale levels.

2. National Police personnel necessarily consolidate the initial level corresponding to the level of the job awarded after passing the selection process.

Article 51. Performance evaluation.

1. a system of performance evaluation which will aim to measure performance and achievement of results and the degree of quality of the service will be established. This system will be based on criteria of transparency, objectivity, impartiality and non-discrimination and is without prejudice to the rights of officials.

2. The representative trade unions participate in establishing the rules setting criteria and general mechanisms of performance evaluation system and in determining its effects.
TITLE X

Administrative situations

CHAPTER
I
Classes
administrative situations. active service, special services and other government services

Article 52. Classes.

The National Police will be in one of the following administrative situations:

A) active service.

B) Special services.

C) Service in other public administrations.

D) leave of absence.

E) Suspension of functions.

F) Second activity.
Article 53.
active service.


1. The National Police will be in active service when providing services in such a condition in the destinations that Article 46 refers to appropriate them and not be in another situation.

Also will be considered in this situation during the possessory term cease a job to be obtained by the method other corresponding provision.

2. National Police in active service enjoy all the rights inherent in such status and are subject to the duties and responsibilities arising from it.
Article 54.
return to active service.

1. The return to active service from administrative situations that do not involve reserve job will be done through participation of the National Police in the call for the provision of jobs for competition or free appointment, or temporary assignment to a vacant position, conditional to service needs.

2. Re-entry from the situations described in the preceding paragraph shall be subject to compliance, in cases and under the terms established by regulation, of the following requirements:

A) Not have been separated from the service of the General Administration of the State, state, local or institutional administration, or be disqualified from exercising public functions, or have not canceled criminal record of a felony.

B) Possess the psychophysical conditions for the service.

C) Conduct a refresher course that will not selective, in the terms determined by regulation.

3. However, the requirement of paragraph a) of the previous number will be required of all cases of return to active service, although involving reserve job.

Article 55. Special services.

1. They will be declared in a situation of special services when:

A) are appointed members of the government or the governing bodies of the autonomous communities or cities of Ceuta and Melilla, members of the institutions of the European Union or international organizations, or be appointed senior members of the cited government or institutions.

B) they were nominated for positions or positions in government agencies or entities dependent or linked to public administrations, in accordance with established by the respective public administration, are assimilated into administrative level to senior positions.

C) Sean seconded to the Constitutional Court or the Ombudsman or the Court of Auditors for under the terms provided in Article 93.3 of Law 7/1988, of 5 April, on the Court of Auditors .

D) access the status of deputy or senator or member General legislatures of the autonomous communities Cortes.

E) perform elective office in the assemblies of the autonomous cities of Ceuta and Melilla and local entities; exercise responsibilities in governing bodies and municipal officers or as members of local bodies for knowledge and resolution of economic-administrative claims.

F) they were appointed to the General Council of the Judiciary or Justice Councils of the Autonomous Communities.

G) are elected or appointed to the constitutional bodies or statutory bodies of the autonomous communities or other appropriate whose election to Congress of Deputies, the Senate or the legislative assemblies of the autonomous communities.

H) are designated as temporary staff to fill jobs with qualified expressly as trusted or policy advice functions. In the case of posts in the Ministry of Interior, or their higher bodies or directors, they may choose to remain in active service whenever the position held does not exceed the range attributed to their subgroup classification levels.

I) acquire the status of officials serving international organizations.

J) are appointed advisors of the parliamentary groups of the Parliament or the legislatures of the autonomous communities.

2. Those in the situation of special services they receive the remuneration of the post or position they hold and no official of the National Police, without prejudice to the right to receive the three-year periods that have recognized at all times.


The time remaining in this situation is calculated for purposes of recognition of trienios, seniority and rights in the social security regime applicable to them. In addition, while in the same situation may participate in the processes of internal promotion is called.

3. Those who are in a situation of special services shall be entitled to re-enter active service in the same location, in a job of the same features that had been working as long as the pass special services has been produced from a situation in turn, entails the reserve job.

Article 56. Service in other public administrations.

1. National Police that under transfer processes or procedures providing jobs, get a different destination in public administration, will be declared in the service situation in other public administrations. They will remain in that situation in the event that by law the administration to which access is integrated as own staff of this.

2. National Police transferred to the autonomous communities will be fully integrated as own officers in active service in the organization of the Civil Service of the same, respecting the subgroup of scale provenance and the inherent economic rights to the position career they had recognized and maintaining all their rights in the public administration of origin as if they were on active duty in accordance with the provisions of the respective Statutes of Autonomy.

3. When they are in this situation for having obtained a job through delivery systems they shall be governed by the law of the administration in which they are intended effectively and retain its status as an official of the administration of origin and the right to participate in calls for the provision of jobs that are performed by the latter. The time of service in public administration which are intended are counted as active service in its scale and category of origin.

4. National Police be readmitted to active duty in the administration of origin, from the operational situation in other public administrations, get professional recognition of progress in the career system and its effects on retributive position under the procedure provided in sectoral conference agreements and other instruments establishing collaborative inter-mobility measures. In the absence of such agreements or cooperation instruments, recognition will be made by the public administration in which the reentry occurs.
CHAPTER II

Leave of absence


Article 57. Modalities of exceedance.

The leave may take the following forms:

A) Voluntary leave of absence for particular interest.

B) Voluntary leave of absence for family reunification.

C) Leave of absence for care of relatives.

D) leave of absence on grounds of gender violence.

E) Leave of absence for service delivery in the public sector.

Article 58. Voluntary leave of absence for particular interest.

1. National Police may obtain voluntary leave of absence for particular interest when situations have been in active service or special services in any of the public administrations during, immediately prior to the request minimum period of five years.

2. The minimum period of stay in this situation will be one year, after which may apply to return to active service.

3. The granting of such leave will, in any case, subject to service requirements, properly motivated. It may not be declared when the officer is subject to disciplinary proceedings.

4. It shall officially declare the leave by particular interest when, finalized the cause that determined the pass to a different situation to that of active duty, the obligation to request the return to active service within the deadline is not met. He also proceed this statement when, having requested the return to active service from an administrative situation that does not involve reserve job, not any of the requirements for such reentry meets.


5. Those who are on leave of absence for particular interest will not accrue remuneration, nor shall they computable time remaining in this situation for the purposes of trienios, seniority and rights in the social security regime applicable to them. Nor they can participate during the time they remain in that situation in the processes of internal promotion.

Article 59. Voluntary leave of absence for family reunification.

1. National Police whose spouse resides in another location for having obtained and be working at a job definitive character as a career or as permanent staff in any government, public bodies and public entities dependent or linked to them in the constitutional bodies or the Judiciary and similar bodies of the autonomous communities and in the European Union or international organizations may obtain unpaid leave for family reunification, without the requirement of having served in any of the public administrations .

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

3. Those who are on unpaid leave for family reunification will not accrue remuneration, nor shall they computable time remaining in this situation for the purposes of trienios, seniority and rights in the social security scheme applicable to them. National Police who are in this situation may participate in the processes of internal promotion.

Article 60. Leave of absence for care of relatives.

1. The National Police shall be entitled to a period of leave lasting no longer than three years for care of each child, both when it is by nature such as adoption or permanent or pre-adoptive foster care, counting from the date of birth or, where appropriate, judicial or administrative decision.

2. Also they are entitled to a period of leave lasting no longer than three years for care of a family member who is in charge until the second degree of consanguinity or affinity, who for reasons of age, accident, illness or disability can not fend for himself and not gainfully employed.

3. The period of leave will be unique for each individual cause. When a new triggering event gave rise to a new exceedance, the start of the period it will end that came to enjoying.

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

5. The time spent in this situation will be computable for purposes of trienios, seniority and rights in the social security regime applicable to them. Officials in this situation may participate in the training courses that are called and internal promotion processes.

6. The work performed post be reserved at least two years. After this period, a place in the same locality and equal pay will be reserved.

Article 61. Leave of absence on grounds of gender violence.

1. The servants victims of gender violence to enforce their protection or their right to comprehensive social assistance, have the right to request leave of absence without having paid a minimum of previous services and without being required period of stay in the same.

2. During the first six months they will have the right to keep the job they should play, being computable such period for the purposes of trienios, seniority and rights in the social security regime applicable to them. The officers in this situation may participate in the training courses that are called and, during that period of six months, extendable in the terms expressed in the following paragraph, in the processes of internal promotion.

When judicial actions so require, this period may be extended by three months, to a maximum of eighteen, with the same effects as those indicated 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 her full compensation and, where appropriate, family benefits for dependent children.

Article 62. Voluntary leave of absence for service delivery in the public sector.


1. The National Police will be declared on leave for service delivery in the public sector when they are on active duty in another body or scale of any government, and when they move to serve as permanent staff in agencies or entities public sector and not appropriate them be in active service or special services provided for in Article 55.1.e).

2. It may remain in this situation as the service relationship that gave rise to it is maintained.

3. During the time in this situation the remuneration of the post or position they hold and no official of the National Police shall be charged, and will not be computable for purposes of trienios, seniority and rights in the social security scheme to be them application. However, this time may be recognized for the purposes of trienios, seniority and rights in the social security system, if re-entry occurs in the National Police.
CHAPTER III

Suspension of functions


Article 63. Suspension of functions.

The suspension of functions, which can be firm or provisional, is depriving the official performance of their duties during the time in it and be governed by the provisions of this Organic Law and the regulations of the disciplinary system.
Article 64. Suspension
firm.

1. The firm suspension shall be imposed under final judgment in criminal or disciplinary sanction firm also cause. When exceeding six months, will determine the loss of the job.

2. The weather in this situation will not be computable for purposes of trienios, seniority and rights in the social security scheme that is applicable.

Article 65. Provisional suspension.

1. The provisional suspension may be agreed by the initiation of disciplinary proceedings for a serious or very serious misconduct or as a result of processing, incrimination or adoption of any precautionary measure against the accused in criminal proceedings, it may be extended until the end of legal proceedings.

2. Time provisional suspension as a result of disciplinary proceedings for acts that are not subject to criminal proceedings, may not exceed three months in case of serious misconduct, and six months for very serious offenses, except stoppage procedure attributable to the applicant.

3. When the provisional suspension is not declared final, the residence time in the same be counted as active service for all purposes and shall be taken, where necessary immediate incorporation of the official's job.

4. When the period of stay in temporary suspension of duties is greater than the length of the sentence by sentence or disciplinary sanction, the difference will be computable as active service for all purposes.

5. An official on temporary suspension from duty shall be entitled to one hundred percent of the basic pay and all of the economic benefit for dependent children, except in cases of paralysis of the record for reasons attributable to the person concerned, which will involve the loss of all pay while that stoppage is maintained, and, likewise, not be entitled to receive if any should not appear for the disciplinary proceedings.
CHAPTER IV

Second activity


Article 66. Status of second activity.

1. The second activity is aimed at ensuring adequate medical fitness of the National Police to carry out the duties of his job to ensure its effectiveness in the service functions.

2. Holders officials spaces doctors and technicians can not get to the situation of second activity.

3. In the situation of second category that activity had at the time of the move to occur and this situation will not result in any case the occupation will hold destination.

4. During the time they are in the position of second activity will be available to the Minister of Interior to fulfill police functions to reach retirement age, when exceptional reasons of public safety as required under the terms established by regulation.

Article 67. Causes.

Officials of the National Police may proceed to the status of second activity for the following reasons:

A) failure of the mental and physical fitness for the performance of police duties.

B) own request, upon fulfillment of the ages set out in Article 69.


C) own request, after twenty-five years effective in situations of active service, special services or active status in the National Police, or assimilated or integrated in the terms set out in Article 69. bodies

Article 68. Proceed to second activity by inadequate mental and physical fitness.

1. It will be the status of second activity officials present inadequacy of mental and physical fitness to perform the tasks assigned to the National Police, manifested by a significant decrease in the same assessed by a medical board, under the terms is set statutorily upon instruction of the appropriate procedure, ex officio or upon request, provided that the intensity of that failure is not due to retirement.

2. National Police who pass to the situation of second activity for this reason may request a review of their psychophysical conditions by a medical board during the time they are in that situation, as provided by regulation. Similarly, these conditions may be reviewed at the request of the administration, in the circumstances prescribed by regulation.

Article 69. Move to second activity at their request.

1. It will be the second activity status of the National Police, on their request had applied for membership in this situation, from the fulfillment of the ages set out below for each scale:

A) Scale Superior: 64 years.

B) Executive Scale: 62 years.

C) Scale Sub-inspection: 60 years.

D) Basic Scale: 58 years.

2. Also may proceed to the status of second activity, at his own request, the National Police who have twenty-five years effective in situations of active service, special services or active status in the National Police, or assimilated or integrated bodies.

For the purposes of this paragraph, the Ministry of the Interior shall, before December 31 of each year, the maximum number of officials of the National Police, by category, for which the pass authorizing the second situation is self request for the following year; taking into account the age criteria of the petitioners, as well as the availability of staff and organizational and functional needs of the police organization and priority in the application.

Article 70 Readmission to active duty from the position of second activity.

The National Police who have passed the second activity situation by inadequate mental and physical fitness, may re-enter the active duty at his own request or at the request of the administration, provided that a medical court considers that applicants meet the mental and physical fitness necessary for the provision of mandated functions.

Article 71. Go to other situations from second activity.

The National Police at-second activity will move to another administrative status, provided they meet the requirements for access to it. The latter cease reentry will occur to the status of second activity.

Article 72. Competence to solve.

The procedures referred to in the preceding articles shall be resolved by the Director General of Police and its resolutions will end the administrative route.

Article 73. Remuneration in the position of second activity.

1. National Police in the position of second activity will receive in full the basic remuneration corresponding to the age which already owns the category of membership as well as a complement to an amount equal to 80 per 100 of the fringe benefits of a general nature that category, also perceived all personal remuneration pension mutilation and rewards.

Any variation of the indicated remuneration assigned to staff in active incurred at the appropriate personnel in a position to second activity of the same age category and the relevant changes to that at all times represent the amounts mentioned in the preceding paragraph.

2. The National Police have passed to the status of second activity because of an illness or occupational accident produced in the line of duty or as a result thereof, which has been so declared in accordance with the provisions of this Organic Law, will receive one hundred percent of the remuneration accruing to come when they were in active service.


3. National Police that in situation of second activity, perform police functions for exceptional reasons of security as provided in Article 66.4 collect for day of service, rather than the characteristics of their situation remuneration, one-thirtieth of the monthly remuneration for the job effectively played if this was greater than the remuneration of their situation.
Article 74. Peculiarities
remuneration.

1. National Police passing the status of second activity under the provisions of Article 69.1 and not have total twenty years effective in situations of active service, special services or active status in the Forces of State Security will experience a reduction in economic remuneration earned in that situation, according to the scale established by regulation.

2. National Police passing the status of second activity under the provisions of Article 69 without having completed the minimum number of years of service, to be established in the legislation on passive classes of State for entitlement to ordinary pension retirement, only in this situation receive the corresponding amount of their basic salaries, depending on the actual length of service, as required by regulation.

3. When, exceeded the minimum length of service specified in the preceding paragraph, they have not been completed twenty years of effective service on reaching the age of passes that situation be collected in full basic remuneration. The additional remuneration corresponding to this situation shall be reduced depending on the time remaining to meet the twenty years of effective services, according to the scale established by regulation.

Article 75. triennia rights and liabilities.

The situation after the second activity time will be computable for the purpose of improving trienios and passive rights.

Article 76. Disciplinary measures.

The National Police at-second activity will be subject to the general discipline of the civil service.
TITLE XI


Social protection and emoluments

Article 77. General principles of social protection.

1. The National Police are compulsorily included in the scope of the Regime of the Administrative Mutuality of Civil Servants for all contingencies and benefits under its protective action, without prejudice to the specificities provided for members of this body in the regulations in force.

2. For the purposes of pensions, the National Police them shall apply, as appropriate, the regime of State Pensioners or the General Social Security System, according to their respective specific rules.

3. The National Police will collaborate with public agencies and entities that have attributed the management of the various social security schemes in the terms established by the relevant regulations.

Article 78. Temporary disability.

1. The official of the National Police that causes low service for temporary disability receive remuneration or compensation established by the regulations of the Special Regime on Social Security for Civil Servants current state at all times.

2. When low for the service had been motivated by injury or disease declared as illness or occupational accident produced in the line of duty or as a result thereof, after processing the file-finding instructed the effect causes, the economic benefit to be received, computed in appropriate the subsidy provided for in the regulations of the Mutualismo regime, it will be completed by the body responsible for personnel management up to a maximum of one hundred percent of the remuneration which the official would have received the year prior to caused the low month.

Article 79. Injuries, diseases and damage in the line of duty.

1. It is understood by injuries, diseases and damage in action which well be recognized through record investigation of causes, having been made by an official during or as a result of service, provided they had not mediated by its fraud, negligence or serious malpractice part.


2. Is jurisdiction such recognition for the Director General of Police, upon instruction of the corresponding record of investigation of the determinants of injuries, pathologies or material damage, which is initiated at the request of the official or officially by the body responsible for personnel management in the National Police.

3. The decision to end the record necessarily identify the origin of injuries or property damage, the causal link between the service and the same and the capacity or derived disability, all through medical report issued by the bodies of sanitary inspection National Police. Also in the resolution the amount of medical expenses that had been excluded from the benefits within the field of administrative mutualism, which, if any, will be on behalf of the Administration, without prejudice to the powers of the Mutuality be determined Civil servants for the recognition of benefits derived from such contingencies.

4. In the file of compensation for material damages shall be in addition to their causes and the relationship between the damage and the service provided by the official, the amount of the object, solving the admissibility of compensation accredited.

5. The Administration will arrange accident insurance for cases of death, total, absolute or serious disability of officials of the National Police permanent disability, transformed as a result of injuries sustained in the line of duty or in connection with it.

Article 80. Evaluation and control of psychophysical conditions.

1. The National Police will ensure that its members maintain psychophysical conditions required for the performance of their duties. To this end there will be a health service organization whose skills and determined by regulation.

To this end they may make contracts or cooperation agreements with medical professionals or public or private health institutions.

2. Officials shall be subject to health surveillance in the manner determined in the plan of prevention of occupational risks within the framework of action of the Prevention of Occupational Hazards.

3. It will be for the bodies of sanitary inspection of the National Police control and review of casualties temporary failure of psychophysical conditions, under the terms established in current legislation, without prejudice to the powers of the corresponding Mutuality in the field of situations temporary disability.

Article 81. Social action.

There will be a system of social action, with appropriate budgetary provision, under which specific programs on a regular basis will be developed, with actions to promote the social and labor welfare of staff and their families.

Article 82. Remuneration.

1. The emoluments of officials of the National Police, in accordance with the provisions of Article 6.4 of the Organic Law 2/1986, of March 13, is governed by specific legislation.

2. The remuneration shall consist of basic salary and remuneration of trienios as well as fringe benefits and related bonuses.
TITLE XII

Rewards and honors


Article 83. Rewards.

The members of the National Police, regardless of scales or categories, in the exercise of their duties prove exceptional qualities of courage, sacrifice and dedication for the benefit of society they shall be entitled to recognition of their meritorious performance in the manner and conditions to be determined.

Article 84. Dedication to the police service.

The dedication, commitment and continuous and extensive responsibility in the performance of duties by members of the National Police will be recognized in the way the requirements and procedures established by regulation.

Article 85. honorific Ascents.

1. Special circumstances, or in response to exceptional merit, the Council of Ministers, on the proposal of the Minister of the Interior may grant an honorary, officials of the National Police who have died in action or have retired, promotion to the next higher category that holds.

2. In any case, promotions granted honorary office shall carry economic effects, not be considered for the purpose of passive rights.

Article 86. Officials and honorary members.


1. It may be awarded the distinction of honorary officer of the National Police, with the category that is possessed on leaving active duty, officials said body upon request at the time to move to retirement, provided that they had been distinguished by a meritorious work and relevant experience, and they had borrowed less than thirty-five years of effective services and lack in their professional record of unfavorable entries without canceling, in the terms established by regulation.

2. The distinction of honorary member of the National Police may be granted to those who, not having belonged to that body, had been distinguished by the merits made under the work done in favor of it.

Article 87. Retired staff.

The National Police who have lost that status for retirement, keep consideration of a retired member of the National Police, with the category that formerly occupied at the time of the adoption. They may wear the uniform institutional and social events solemn and have the corresponding professional license and keep the plate emblem, previously modified in accordance with the regulations determine.
TITLE XIII


Regime of representation and participation of officials
CHAPTER
I

Union organizations in the National Police

Article 88. Constitution of trade unions.

1. To form a union at the National Police will need to deposit the statutes of it, accompanied by the original act, in the special register of the Directorate General of Police.

2. The statutes must contain at least the following information:

A) Designation of the union.

B) Specific Purposes of it.

C) Address.

D) Organs of representation, government and administration and rules for its operation, as well as the provision of elective regime charges, which must conform to democratic principles.

E) requirements and procedures for the acquisition and loss of membership status and regime modification of its statutes and dissolution of the union.

F) Economic regime of the organization that establishes the character, origin and destination of their resources and the means that allow members to know the economic situation.

3. may only reject by reasoned decision, those statutes that lack the minimum requirements in the preceding paragraph whose defects have not been remedied within ten days from the request practiced to effect concerns.
Article 89.
representative trade unions.

1. Trade union organizations of the National Police in the last elections to the Council Police have obtained at least a representative to the Council or two scales at least 10% of the votes cast in each of them, will be considered representative trade unions, and in such a condition, in addition to the powers recognized in Article 90 will accommodate:

A) To participate as partners in determining the conditions of service delivery officials through procedures established for this purpose.

B) Integrate in the work tables or study commissions established for this purpose.

2. The representative trade unions in the area of ​​the National Police will be entitled to the remedies available in administrative and legal remedy against the decisions of the selection bodies.

3. Representatives of these representative trade unions have the right:

A) assistance and access to workplaces to participate in their own trade union activities, after notifying the head of the unit and without the exercise of that right may disrupt the normal development of the police service.

B) The number of monthly sessions established by regulation for the development of their own union representation functions.

C) the enjoyment of unpaid leave required for the development of the trade union of his office duties, within the limits established by regulation.

4. The number of representatives that the Administration will have to recognize the specific effects in paragraph 3, will be in relation to the number of representatives that each union has obtained in elections to the Council of Police.


5. In any case, be recognized, for the sole purpose of the provisions of this article, the right to a representative to that union which had not obtained the status of representative under paragraph 1 but, at least, 10% of votes on a scale.

6. Have the status of representatives of the representative trade unions of the National Police officials who, belonging to them, have been formally designated as such by the governing body of those, according to their respective statutes.

Article 90. unrepresentative unions.

The legally constituted trade union organizations that have not obtained the status of representative, as provided in the preceding article, shall be entitled to make proposals and raise reports or petitions to the authorities, and to flaunt their representation affiliates.

Article 91 limits the right to organize and trade union action.

The exercise of the right to organize and trade union action by members of the National Police will have as limits the respect for fundamental rights and public freedoms recognized in the Constitution and especially the right to honor, privacy and image, as well as credit and prestige of the security Forces of the State, citizens and officials themselves guarantee security and confidentiality. They shall also constitute limits to the extent that they can be violated by such exercise, the basic principles of Article 5 of the Organic Law 2/1986 of 13 March.

Article 92. Responsibility of trade unions.

1. Trade unions liable for the acts or decisions adopted by its statutory bodies in the area of ​​their respective powers.

2. Such organizations liable for the acts of their members when those occur in regular exercise of representative functions or is proved that the members acting on behalf of the unions.

Article 93. Exercise of trade union activities.

1. In units with more than two hundred and fifty officials, representative trade unions have the right to be provided with suitable premises for the exercise of their activities. In any case, these organizations have the right to install in each police unit a bulletin board instead where it ensures easy access to the same officials.

2. Officials may hold union meetings at official locations outside working hours without disturbing the running of the service, prior authorization from the head of the unit, which may only refuse if it considers that the service may be affected.

3. The authorization must be requested with at least seventy-two hours, and it shall state the date, time and place of the meeting.

4. The corresponding decision must be notified at least twenty-four hours before the scheduled for the meeting, without prejudice to paragraph 2.
CHAPTER II



The Police Council
Article 94. Organization and competencies.

1. Chaired by the Minister of Interior or his delegate, there will be the Police Council, collegial body with equal participation of government representatives and members of the National Police representation.

2. The functions of the Board of Police:

A) The mediation and conciliation in case of collective disputes.

B) Consideration of proposals on trade union rights and participation.

C) Participation in the establishment of the conditions for provision of service of staff, in particular those relating to the fixing of the general criteria and evaluation mechanisms on the performance and on the working calendar, schedules, days, holidays, permits and licenses.

D) Participation in determining the criteria according to which the territory where the establishment of residence of officials authorized establishment.

E) The formulation of motions and the evacuation of consultations in matters relating to professional status, especially with regard to setting the general criteria on access, career, provision, classification systems jobs and plans and implements human resource planning.

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


G) The study of data on staff passing situations and retirement second activity for injuries sustained in the line of duty as well as those from the second activity re-enter active service.

H) Participation in setting the general criteria of social action.

I) issuing reports on disciplinary records that instruct for serious offenses against members of the National Police and all those that representatives of trade unions instruct referred to in this Organic Law.

J) The preliminary report of the general provisions that are intended to dictate on matters referred to the preceding paragraphs.

K) Any others attributed the laws and general provisions.

3. Administration representatives on the Board of Police shall be appointed by the Minister of the Interior.

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

5. For the sole purposes stated in the preceding paragraph, holders of the squares of doctors and technical staff counted in the Executive Scales and Sub-inspection, respectively.

Article 95. Elections and mandate.

1. elections will be held within the National Police, in order to appoint the representatives of its members on the Board of Police and determine the status of representative unions constituted under the provisions of this Organic Law.

Elections will be held by scales, voting members a list containing the name or names of candidates representatives thereof, by personal suffrage, free, direct and secret. Holders officials spaces doctors and technicians will attend, as voters and candidates, with the Executive Scales and Sub-inspection, respectively.

2. Candidates for election may be submitted by employee unions or groups of voters of different scales legally established through national for each of the scales lists.

The lists contain many names as seats to be filled, plus an equal number of alternates.

3. By proportional representation system is attributed to each list the number of directors that correspond, according to the quotient obtained by dividing the number of voters for the posts to be filled. The remaining posts, if any, will be allocated to the lists in descending order by the rest of the votes of each.

4. The term of office of the Directors shall be four years and may be reappointed in successive elections.

In the event of vacancy, for any reason, in the representation of officials in the Police Council, will be covered automatically by the candidate receiving the next position in the respective list.

5. Regulations complementary standards that are necessary for the calling of elections, the electoral procedure and, in general, for operation of the Police Council shall be established.
CHAPTER III


Regime of representation and participation in prevention of occupational hazards

Article 96. Delegates prevention.

1. The system of representation and participation of officials of the National Police in relation to the prevention of occupational risks are regulated by specific rules of that body in this matter, applying the principles and criteria contained in the Law 31/1995 November 8, Prevention of Occupational Risks.

2. The representation and participation of officials will be channeled through safety representatives appointed by trade unions under the representation obtained in the elections to the Council Police Commissioner.

Article 97. joint bodies of participation.

The collegial bodies with equal participation of the Administration and representatives of the National Police, in prevention of occupational hazards are the Commission representation Occupational Safety and Health Police, nationally and Safety Committees and health-level Police Headquarters and of all the central services.

First additional provision. Trienios recognition.


The trienios who had perfected in any of the Executive, Sub-inspection or Basic scales before 20 October 1994 in the case of the Executive Scale, and 30 December 1995 in the case of Sub-inspection and Scales Basic, they will be valued according to the subgroup classification which belonged to the official, from among those of his time in Article 25 of Law 30/1984, of 2 August, on Measures for the Reform of Public Administration. This assessment is taken into account for regulatory effects of passive rights.

Second additional provision. volunteer reservists.

The National Police may not bear volunteer reservist status regulated in the Regulation of Reservists of the Armed Forces, approved by Royal Decree 383/2011 of 18 March.

Third additional provision. Appointment of Professional level posts and General Deputy Police Chief Superior.

Management positions with the National Police organic level of Deputy Director General and the Police Commissioner may only be occupied by those who possess the qualifications required to access the subgroup classification in the Upper Scale is integrated, as under Article 17.4.

Fourth additional provision. Entry into the National Police by career officials of the police forces of the autonomous communities.

1. Career officials of the police forces of the autonomous communities may enter the National Police, on the scale and level equivalent to that hold in their body of origin, in the terms and under the conditions by regulation, and participation of the representative trade unions, they are determined, provided they meet the general requirements in Article 26 and possess the qualifications required for access to each level.

2. To determine the equivalence between scales and categories of the different police forces, for the purposes of the provisions of the preceding paragraph shall be taken into account the scale or category in which is the applicant in his body home, personal degree consolidated and target level complement the last position held.

Fifth additional provision. normative references.

From the entry into force of this Organic Law, references to the National Police contained in the legislation shall be deemed made, also, to the National Police.

Sixth additional provision. professional services category superior eventual missions in international organizations.

National Police engaged on missions or international organizations may receive any professional category higher than bearing, during their service in such missions or agencies.

In no case will the eventual consolidation of this professional category or collection of assets it.

First transitional provision. Transitional arrangements for qualifications requirement.

The qualifications referred to in Article 41.3 refers to access by internal promotion to the top category to which it holds, they will be required after five years after the entry into force of this Act.

The Directorate General of Police shall carry out the necessary actions, designed to facilitate the obtaining of qualifications referred to in the preceding paragraph by the National Police that were not in possession of the same, in order to enable their Internal promotion.

Second transitional provision. Transitional arrangements for permanency in the position of second activity destination.

1. National Police that the entry into force of this Organic Law, are in the position of second activity destination, will remain in their jobs until they cease to play for the reasons set out in the regulations.

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

3. While in this situation receive all the general compensation payable to staff its category active, the personal data that have recognized or perfected and also inherent to the job they hold and, if applicable specific, the productivity bonus.


If the total remuneration were lower than those that had been in the situation perceiving active at the time of the pass occur to the status of second activity incumbency performance under competition, will also receive a personal and temporary supplement in sufficient amount that would achieve those.

Third transitory provision. Transitional arrangements pass to the situation of second activity.

1. Regardless of the regime pass to the status of second activity posted in this Organic Law, the National Police may move to that situation in the conditions specified in the following sections, provided they meet the requirements therein.

2. National Police which were in assets as of 31 December 2001 service, may choose, express and individualized, by moving to second activity at any time from the fulfillment of the reflected ages then for each scale they came established in the original wording of Article 4 of Law 26/1994, of September 29, by which the status of second activity in the National Police force at that date is regulated.

A) Scale Superior: 60 years.

B) Executive Scale: 56 years.

C) Scale Sub-inspection: 55 years.

D) Basic Scale: 55 years.

3. Similarly, staff not affected by the provisions of the preceding paragraph for not being active on the date specified therein, and to date 20 September 2011 is fringe into this situation, may choose, express and individualized, by passing second activity at any time from compliance attributable to age, which came 26/1994 established in the Law of 29 September, as amended by Law 24/2001 of 27 December Fiscal Measures, Administrative and Social Order.

A) Upper Scale: 62 years.

B) Executive Scale: 58 years.

C) Scale Sub-inspection: 58 years.

D) Basic Scale: 58 years.

4. Those officials who were in exceedance in its various forms, special services, autonomous regions or service firm or provisional suspension of duties, may exercise the option indicated when the reasons that led to such a situation.

5. For the purposes stated in this provision, the Directorate General of Police sent to each officer an express communication on the date on which, according to its category, would correspond pass to the status of second activity under different ages in this provision.

It is understood that the official is automatically welcomes the option to continue on active duty allotted to him among those provided in this provision, if within one month of receipt of the notice referred to in subparagraph above, not written any expressed their willingness to move to the position of second activity.

Fourth transitional provision. Transitional arrangements to remain in the active service of members of the National Police welcomed the option under Article 4 of Royal Decree-Law 14/2011.

Officials of the National Police that, taking up the under Article 4 of Royal Decree-Law 14/2011 of 16 September, additional measures on employment policies and regulatory activity option scheme of the Forces of State Security, they had chosen to remain on active duty, may continue in that position until the fulfillment of sixty-five years of age, provided they meet the right conditions required for the performance of the functions assigned.

Fifth transitional provision. Transitional arrangements for officials of the National Police who have the status of volunteer reservist.

Officials of the National Police, the entry into force of this Organic Law, have the status of volunteer reservist may retain it until its loss for any of the reasons set out in the regulations in force in the field.

Sixth transitional provision. Validity of official university degrees corresponding to the previous management.

The official university degrees obtained under programs prior to the entry into force of Royal Decree 1393/2007, of 29 October, establishing the planning of official university education, kept all academic effects the effects of income and promotion in the National Police.

Seventh transitional provision. current regulations.


Regulations Until the development of this Organic Law are issued, shall continue to apply the existing rules, while not contrary to the provisions therein.

Single derogatory provision. Repeal legislation.

1. The following rules are repealed:

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

B) Law 26/1994, of September 29, by which the status of second activity in the National Police is regulated.

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

D) Article 4 and the first transitional provision of Royal Decree-Law 14/2011 of 16 September, additional measures on employment policy and regulatory regime activity Security Forces State.

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

F) Royal Decree 308/2005 of 18 March, the granting of honorary promotions in the National Police is regulated.

2. Also they are repealed all provisions of equal or lower rank opposing the provisions of this Act.

First final provision. Modification of the Organic Law 2/1986 of 13 March on Security Forces.

Is amended as follows Organic Law 2/1986 of 13 March on Security Forces:

One. The fifth final provision is worded as follows:

"Fifth final provision. System specific arrangements providing jobs catalogs of the units attached to the Ministry of State Security.

For reasons of confidentiality and security of information, it enabled the Government to regulate the specifics of the delivery system posts included in the catalogs of jobs of those units that depend on the Ministry of Security and not have specific regulations on the terms provided in Article 4 of Law 7/2007 of 12 April, on the Basic Statute of Public Employees.

These specific characteristics will apply in your case, the procedure for assessing the merits contests provision of posts and advertising regime, including possible restrictions thereto and the guarantees of the rights of those concerned.

The determination of delivery system such positions as competition or free appointment shall be made for the reasons mentioned above confidentiality and security. "

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

'Sixth final provision. Character organic law.

They have the character of organic law the provisions that are contained in Titles I, III, IV and V and Title II, except Articles 10, 11.2 and 12.1 to 6, the third additional provision and final provisions, except the fifth final provision. "

Second final provision. Modification of the Organic Law 4/2010 of May 20, the Disciplinary Board of the National Police.

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

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

"D) Failure to submit or made immediately available to the unit where it was intended, or at the earliest, in cases of declaration of states of emergency or siege or, where available, if serious disturbance of public safety; or, in cases of declaration of a state of alarm, failure when they are summoned to do so, in accordance with the provisions of the competent authority. "

'Z) c. Those actions or omissions classified as very serious offenses which, according to the criteria set out in Article 12 deserve the classification of serious, and without these in turn can be classified as minor offenses. "

Two. paragraph n) is incorporated in Article 9.

'N) those acts or omissions classified as serious offenses that, according to the criteria set out in Article 12 deserve the classification of mild. "

Three. Paragraph 4 of Article 16 reads as follows:


"4. Compliance with the limitation periods of the penalty carries the official cancellation of the corresponding entries in the personal file as provided for in Article 50 and notification to interested parties. "

Final disposition third. Amendment of Law 8/2006 of 24 April, army and navy.

Paragraph 5 of Article 20 of Law 8/2006 of 24 April, army and navy reads as follows:

"5. For admission to the Basic Scale National Police a maximum of 20 percent of seats for the professional army and navy with 5 years of service as such be reserved. "

Fourth final provision. 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, as follows amendments:

One. The number 6 of Article 4 reads as follows:

'6. Relatives of the dead and wounded who have suffered disabling injuries in different degrees, to the second degree of consanguinity, as well as persons who, having been the target of terrorist attacks, have resulted uninjured, to honorific effects and decorations, without the right to financial compensation. "

Two. Paragraph 2 of Article 52 reads as follows:

'2. This honorable action is given to the degree of Great Cross, posthumously, to those killed in terrorist acts; with the degree of Encomienda, wounded and kidnapped in terrorist acts; and the degree of Insignia, which have the status of threatened, the unhurt in terrorist attack, as well as the spouse of the deceased or a person related to him by an analogous relationship, parents and children, grandparents, siblings and grandchildren of the deceased and the relatives of the injured who have suffered disabling injuries at different degrees to the second degree of consanguinity. "

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

Law 66/1997 of 30 December on fiscal, administrative and social measures, adding a new paragraph to Article 18, paragraph five with the following wording is amended:

"D) Victims of terrorism, understood as such, to regulated in this article effects, people who have suffered physical or mental injury as a result of terrorist activity and this can be accredited by final judgment or under of administrative decision that such a condition is recognized, your spouse or person who has lived with analogous relationship, the spouse of the deceased and the children of the wounded and deceased. "

Sixth final provision. Amendment of Law 7/2007 of 12 April, on the Basic Statute of Public Employees.

Law 7/2007 of 12 April, on the Basic Statute of Public Employees is amended in the following sense:

One. It changes the title of Article 49 and paragraph f) is added thereto, as follows:

"Article 49. Permits for reasons of reconciling personal, family and work life, because of domestic violence and victims of terrorism and their immediate families."

"F) To exercise their right to protection and comprehensive social assistance, officials who have suffered physical or mental injury as a result of terrorist activity, your spouse or person with similar relationship, and the children of the wounded and deceased, provided that they possess the status of officials and victims of terrorism in accordance with current legislation, as well as officials threatened under the terms of Article 5 of Law 29/2011, of September 22, Recognition and Integral to the Victims of Terrorism, prior recognition of the Ministry of Interior or final judgment, are entitled to reduced hours with a proportional reduction in pay, or rearrangement of working time, through the adaptation of the schedule protection , the application of flexitime or other forms of organization of working time applicable, in the terms established by the competent authority in each case.


These measures will it adopted and maintained over time as may be necessary for the comprehensive protection and welfare of the person to whom it is granted, either because of the injuries caused by terrorist action, either by the threat that is subject, under the terms established by regulation. "

Two. Article 79 shall read as follows:

"Article 79. Contest provision of jobs from career civil servants.

1. The contest, as a normal procedure for filling jobs, consist of assessing the merits and abilities and, where appropriate, qualifications of candidates for technical collegiate bodies. The composition of these bodies respond to the principle of professionalism and expertise of its members and will fit the criterion of parity between men and women. Its operation shall conform to the rules of impartiality and objectivity.

2. Civil Laws that provided for the development of this Statute establish the minimum period of incumbency obtained by competition to participate in other competitions providing jobs.

3. In the calls for tenders a score that, at most, can achieve determined in the same for the old, for those who have the status of victim of terrorism or threatened under the terms set out in Article 35 of the shall be established law 29/2011, of 22 September, of Recognition and Integral Victims of Terrorism protection, provided it is established that obtaining as is necessary for achieving the purposes of protection and comprehensive welfare of these people.

For accreditation of these ends, statutorily competent bodies to issue the corresponding reports shall be determined. In any case, when it comes to ensuring the protection of victims will require the report of the Ministry of Interior.

4. In the case of suppression or removal of posts obtained by contest you must assign a job under the system of own career in public administration and with the guarantees inherent in that system. "

Three. an article 82a is added, with the following wording:

"Article 82a. Mobility because of terrorist violence.

To realize their right to protection and comprehensive social assistance, officials who have suffered physical or mental injury as a result of terrorist activity, your spouse or person who has lived with analogous relationship, and the children of the wounded and deceased, provided that they possess the status of officials and victims of terrorism in accordance with current legislation, as well as officials threatened under the terms of Article 5 of Law 29/2011, of September 22, Recognition and Integral to the Victims of Terrorism, prior recognition of the Ministry of Interior or final judgment shall be entitled to transfer to another post own work your body, scale or professional category, with similar characteristics, when the vacancy is necessary coverage protection or, otherwise, within the Autonomous Community. However, in such cases the competent public authority is obliged to inform vacancies located in the same locality or localities that the applicant specifically requested.

This transfer will be considered forcible transfer.

In any case this right may be exercised as necessary for comprehensive protection and welfare of the person to whom it is granted, either because of the injuries caused by terrorist action, either by the threat to which it is subject, under the terms established by regulation.

In proceedings and procedures related to terrorist violence victims' privacy, especially their personal data, their descendants and those of any person under their guardianship or custody it will be protected. "

Four. paragraph 1 of Article 89 is amended and Paragraph 6 is added thereto, as follows:

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

A) Voluntary leave of absence for particular interest.

B) Voluntary leave of absence for family reunification.

C) Leave of absence for care of relatives.

D) leave of absence on grounds of gender violence.

E) Leave of absence because of terrorist violence. "


'6. Officials who have suffered physical or mental as a result of terrorist activity damages, as well as threatened under the terms of Article 5 of Law 29/2011 of 22 September, of Recognition and Integral Protection of Victims of Terrorism, prior recognition of the Ministry of Interior or final judgment, are entitled to enjoy a period of leave under the same conditions that victims of gender violence.

Such leave it be authorized and maintained in time while it is necessary for the comprehensive protection and welfare of the person to whom it is granted, either because of the injuries caused by terrorist action, either by the threat that is subject, under the terms established by regulation. "

Seventh final provision. Modification of the Organic Law 11/2007 of 22 October, regulating the rights and duties of members of the Civil Guard.

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

"Article 30. Defense and liability insurance.

1. The administration is obliged to provide the Civil Guards defense and legal aid in procedures to be conducted before any court order, as a result of the legitimate exercise of their duties, under the terms established by regulation.

2. The administration conclude a liability insurance or other financial security to cover allowances, bonds and other amounts derived from the requirement of liability of any nature to the Civil Guards, because of the actions carried out by the same in the performance of their duties or on the occasion thereof, in the terms established by regulation. "

Eighth final provision. competential title.

This Organic Law is issued under Article 149.1.29.ª of the Constitution.

Ninth final provision. regulatory development.

The Government is authorized to issue any provisions necessary for the development and implementation of this Act.

Final Disposition tenth. Character organic law.

They have the character of organic law Articles 1, 2.1 and 3 limine Titles II, III and XIII, paragraphs 1, a) and c), of the only repeal provision and disposal second.

Eleventh final provision. Entry into force.

This Organic Law shall enter into force on the twentieth day following its publication in the "Official Gazette", except paragraph one of the first final provision, which will make the day following such publication.

Therefore

Command all Spaniards, individuals and authorities to observe and enforce this Act.

Madrid, July 28, 2015.
FELIPE R.


The Prime Minister,
MARIANO
Rajoy Brey