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FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: that the Cortes General have approved and I come in sanction the following law organic.
PREAMBLE I today's society requires a high degree of efficiency and agility in the judicial system, thus can not forget that an effective justice, as well as ensuring respect for the fundamental rights of all and facilitate this social peace, is a strategic element for a country's economic activity and contributes directly to a reinforcement of legal certainty and , in parallel, to the reduction of the litigation.
In this line, the amendment of the organic law 6/1985, of 1 July, the judiciary, delves into finding solutions that respond to some of the problems facing the Spanish judicial system.
To such end, the reform, in an article only that contains cent sixteen paragraphs, articulates a package of measures structural and organizational aimed to the achievement of a better response to them citizens that come to it jurisdiction in defense of their rights and interests.
II first, introducing measures such as the final socket from the military jurisdiction in the judiciary and the Elimination of the privilege of presentation of triads that enjoys the Ministry of defence for the appointment of the judges of the military of the Supreme Court from the military legal body.
Is includes, also, a forecast with regard to them sentences of the Court European of rights human that declared it violation of any of them rights recognized in the Convention European for the protection of them rights human and freedoms fundamental and in their protocols, establishing is that will be reason enough for the interposition of the resource of review exclusively of it sentence firm relapse in the process «to quo». This increases, without a doubt, certainty in an area as sensitive as the protection of fundamental rights, Foundation of political order and social peace, as article 10(1) of our Constitution proclaims.
Also aiming to intensify the protection of rights, addresses a theme, as it is the protection of data in the field of the courts, lacking until today of a complete and updated regulation. Model distinguishes clearly between the non-jurisdictional and jurisdictional files. Of this form, the responsible of them files jurisdictional is the organ jurisdictional and these is governed by the laws procedural with regard to them rights BOW-access, rectification, cancellation and opposition-. The supervisory authority of such files will be the General Council of the judiciary. On the other hand, responsible for the non-jurisdictional files is the judicial office, in front of which is a lawyer in the administration of Justice. That type of files is governed by the regulations existing in matter of protection of data of character personal and the authority of control of these files will be the Agency Spanish of protection of data.
III also includes a set of measures to achieve a greater streamlining and specialization in judicial responses, whose objective is two-fold: one side, ending the problems delay that exist in certain jurisdictions and, on the other hand, increase the quality of the answer given to the citizen. Of this mode, for get a greater flexibility in the Organization judicial is introduced different measures with which is aims to reach a best cast of affairs between judged, a resolution specialized of those that by their volume require of answers specific and a streamlining of the instruction of those causes that by its complexity so it require.
First, adopt measures in the field of the courts of violence on women. The law organic of the power Judicial established these judged as organs specialized to know of them matters of violence on the woman with character exclusive and exclusive; However, and despite the initial adjustment, currently live in our territory courts who know exclusively of materials that the law attributed to them with others which, in addition, Transact and meet other civil and criminal procedures: 106 exclusive courts and 355 compatible courts. In order to find the right balance between the maintenance of a reasonable proximity of the Court with respect to the victim and the specialized response to calls for the treatment of this type of procedures, is intended to enhance the possibility of extending the jurisdiction of the courts of violence on the woman to two or more judicial districts; This will allow ensure the specialization that is intended in this field and, to the same time, download of work to them judged of first instance e instruction, or of instruction in its case, of the same province. With the reform, this extension of jurisdiction may agree by the Government by Royal Decree, upon proposal of the General Council of the judiciary and with report of affected administrations, without having to deal with a modification of the law of demarcation and legal plant.
Second, along with the classic reason relative to the good administration of Justice to do so, it is possible now to seek a better balance of workloads for those bodies of provincial level. Therefore expected that the halls of Government can agree precise changes in the rules of distribution courts commercial, criminal, juvenile, penitentiary surveillance, administrative or social, to balance the distribution of topics.
Third, introduces an organizational resource directed to respond to all those causes that, due to various circumstances, generated in a short time a huge litigiousness, greatly hampering our courts to give an answer only, in addition to cause delays in the processing of the rest of processes and agile.
Thus, along with the specialization of courts which already allowed the article 98 of the basic law which is reformed, now includes a mechanism that will allow the governing body of the judiciary to specialize one or several judicial bodies, temporarily and exclusively if it is determined by the cluster of issues, to prosecute and solve specific causes that determined in such a way that they can be dealt with specifically, facilitating the unification of criteria. The main novelty lies in these specialized courts may have province-wide, thus exceeding the limits which could result in the existence of territorial constituencies of lower level. Ultimately, solving such issues it is possible for one or several specialized bodies and will release its knowledge to other courts they can provide greater dedication to the office of ordinary matters.
The rule excludes that along this road can be attributed to bodies who specialize in issues related to matters which by law were attributed to others of different class, even within the same judicial order. The courts of instruction is also excluded in order to avoid any interference in its jurisdictional regime, more when they may be the rest of measures providing for this reform.
Finally, with the purpose of facilitate the instruction of causes of special complexity and auxiliary to the instructor, is introduces the possibility of that, as measure of support, the Council General of the power Judicial can ascribed to the organ instructor to one or several judges, judges or even lawyers of the administration of Justice, with or without relief of functions so without the shared performance of jurisdictional functions - without the possibility of acting in the cause - and under the direction of the owner of the body who knows that complex cause, they can perform tasks of study, support, collaboration and proposal.
This measure of support is adjusted to them forecasts regulations currently in force, requiring the compliance of the Ministry of Justice.
Also, the reform incorporates a number of changes to the regulation of judges from territorial affiliation, through which the aim is to introduce elements of flexibility in the judicial organization. Thus, in the first place, highlights that territorial affiliation judges are at the disposal of the High Court of Justice for replacement and reinforcement functions, and its designation to compete directly to the President, without prejudice to that account should give the Government room. This forecast is accompanied by an obligation of the Government room to inform the General Council of the judiciary on the situation and targets whenever assignment judges play. Second, clarified that the work of the judge of secondment, acting in replacement functions, is with fullness of jurisdiction, so that you can also attend meetings of judges in such a condition, and perform any other acts of representation of the Court, in the absence of the incumbent. And, thirdly, is attributed to the Government room the objectives of strengthening and sharing of issues where territorial assignment judge perform any reinforcement, guaranteeing to be heard in this process.
Finally, is affects also, in the frame of the transparency and the right of access of them citizens to the information public and within them limits established in them laws, in the field of it advertising of them performances judicial, regulating is the obligation of publish it agenda of signs of them organs judicial, so that with advance can know is the date and time of celebration of a procedure.
IV citizens still perceive as a symptom of lack of legal certainty the existence of different on a same issue resolutions. Therefore, the text is delves into the need to avoid inconsistent decisions between sections of a same judicial body that lead to a lack of predictability of judicial pronouncements, which, ultimately, is projected onto the degree of legal certainty for our legal system. To do this, modifications are introduced in the regulation of jurisdictional plenary for unification of criteria in anticipation of, on the one hand, that are part of these judges who know matter on which there is the discrepancy and, secondly, that sections should motivate the reasons to deviate from the criteria agreed to in one of these part-sessions.
V also is eliminates the responsibility civil direct of the judges and magistrates, escasisimamente used in the practice. This aligns the accountability of judges with the rest of the public servants and is given compliance with the recommendations of the Council of Europe in this area. This exemption from liability does not exclude logically, that administration can repeat, in administrative proceedings against the judge or magistrate if it has engaged in fraud or fault serious.
Also, regulates the prolongation of the stay on active duty for members of the judiciary, in line with the deletion of the figure of the judge Emeritus.
SAW the progressive internationalization of them relations personal and business of them citizens of our country requires a update of them criteria of attribution of jurisdiction to those courts Spanish of the order civil. The need for this update is evident if it takes into account that the time in which the existing article 22 of the organic law of the judiciary of Cuba, the process of internationalization of Spain was drafted was at a very early time. Indeed, the full incorporation had not even is completed within the scope of the European Union.
By this same reason, is suitable mention in the law the bonding of them judges and courts Spanish to the right of the Union, in the interpretation that makes of the same the Court of Justice of the Union European. In parallel, and as a corollary of the system, determines the way in which our legal system has procedurally arise the main channel of dialogue between the Spanish judge and the Court of Justice of the European Union: the preliminary ruling. Thus, elaborates in search of additional guarantees on the protection of the rights of citizens.
VII the fight against gender-based violence is still demanding measures in all areas, in order to eradicate this social scourge. To this not can subtract is the law organic of the power Judicial, that incorporates a battery of measures intended to increase it firm and continuous fights from the field legislative against the violence of gender. In this sense, the powers of the judge of violence on women, firstly, expand to offences against privacy, the right to self-image and the honor of women. I.e. you will know processes instruction to demand criminal responsibility for crimes that is is also manifest gender-based violence; in concrete, the crimes of revelation of secret and the crimes of libel. Secondly, also known from the crime of brokenness planned and punishable in article 468 of the Penal Code when the offended person is or has been his wife or a woman who is or has been connected to the author by a similar relation of affection even without cohabitation, as well as descendants, own the spouse or cohabitant, or on minors or persons with modified legal capacity who live with him or who are subject to authority, guardianship, curatorship, foster care or custody in fact the wife or live-in partner. To the attribute it competition for the knowledge of the instruction of this crime to the judge of violence on the woman is will get a greater efficiency at the time of protect to the victim, because this will have many more data that any other judge for rating it situation of risk.
The specific characteristics of this form of violence against women make also necessary specialized training for all legal operators to develop effectively the roles that are assigned, which is reflected in the selective tests for entry and promotion in the judiciary, since they should include the study of the principle of equality between women and men including measures against gender violence, and its application with transversal character in the scope of the jurisdictional function.
In addition, ensures technical and professional assistance by teams attached to the administration of Justice, in particular in the field of the institutes of Legal Medicine and forensic sciences, which may be integrated by psychologists and social workers to ensure among other functions the specialized assistance to victims of gender-based violence.
Finally, ensures that the Judicial statistics also takes into account the sex variable.
VIII inside of the section dedicated to the institutional reforms, are addressed, first, certain modifications of the regime of the General Council of the judiciary. Settings this is fruit of the experience of nearly a year of operation of the new model of General Council of the judiciary. Among them, is the increase in the number of members of the Permanent Commission, which go from five to seven, so the important powers assigned can be exercised with full dedication by a significant number of vowels.
In the scope of the Court Supreme is introduces a new regulation more detailed of its cabinet technical, as organ of assistance to the Presidency and to their different rooms in them processes of admission and in the preparation of reports and studies.
IX also modifications are introduced in book V. The body of Secretaries judicial passes to call is body of lawyers of the administration of Justice. This is given a historical demand for the same response, which considers that the designation of court clerks leads to misunderstandings on the role actually played.
This sense of adaptation to the current functions carried out by this body, includes an express reference to its members hold the address of the judicial office; Add new skills such as mediation and the processing and, where appropriate, resolution of payment order procedures, all in the framework of which provide for procedural rules; the decrees included in the resolution of these officials and expected that the Ministry of Justice approves annually its ranks. Also, is sets the regime of rights and duties of them lawyers of the administration of Justice, clarifying so its status civil service, including a clause remisoria with character general to the book SAW and supplementary to the Statute basic of the employee public and others normative of the function public, all this without prejudice of them necessary specialties, own of the nature and functions of the body of lawyers of the administration of Justice.
Is keep, also, the current three categories existing in the body of Secretaries judicial and is introduced improvements technical clarifying the regulation of this matter.
On the other hand, expected a replacement system inspired by the principles of the organic law 8/2012, of 27 December, measures of budget efficiency in the administration of Justice, by which modifies organic law 6/1985, of 1 July, the judiciary, with the aim of encouraging and prevail substitutions among lawyers in the administration of Justice leaving the call to substitute counsel as something exceptional. It is professionalizing the justice in all its fields and seek a significant reduction in the economic cost that is assuming the current system.
Finally, in the current Act, the disciplinary regime of the court clerks is expected by remission in Book VI (other personnel at the service of the administration of Justice), what was preventing an adaptation to the peculiarities of the performance of these. Therefore, own disciplinary regime in which, inter alia is incorporated into the book of lawyers of the administration of Justice, included the punishment of fine to thus facilitate the graduation of sanctions to impose and is an express reference to the principle of proportionality between the gravity of the fact constitutive of the infringement and the applied sanction.
The reform also affects the scope of the destruction of court documents already processed and resolved and whose conservation is unnecessary and creates a cost for the administration. While the expurgo of files judicial is a question already referred in it law organic, is dota of greater efficiency to the procedure, so that the Administration can proceed to the destruction of them cars and records judicial when have elapsed six years from the firmness of the resolution that of way final has since term to the procedure. General rule excluded, on the one hand, records of criminal jurisdiction, submitted generally to longer periods of prescription and, on the other hand, records to be determined by law in accordance with its cultural, social or historical value.
In all case, the destruction is agreed prior award of audience to the parts if were interested in the breakdown of documents original that had contributed or want to exercise them rights that, in this matter, les gives the law.
X in relation to modifications which are operated in Book VI include the incorporation of the demand for the specialty in forensic medicine to enter the body of medical examiners, which shall be effective when the Ministry of Justice that they will their training the first promotions who have obtained plaza by the system of residence through the corresponding annual announcement of selective checks for access to training places sanitary specialist. In parallel, the functions of these professionals are updated and adapts the regime of the institutes of Legal Medicine and forensic science, such as technical bodies attached to the Ministry of Justice or the autonomous communities with competence in the matter, and who have the mission to assist the administration of Justice in the field of scientific and technical discipline.
Also as novelty is sets that them institutes of medicine Legal and Sciences forensic count with units of valuation forensic integral, of which may form part them psychologists and workers social that is determined to ensure, between other functions, it assistance specialized to them victims of violence of gender and domestic, minor, family and people with disability. Also, within these institutes can integrate the rest of professionals who make up the so-called psychosocial teams, i.e. psychologists, social educators and social workers, who provide services to the administration of Justice, including the technical equipment of minors; with all this, it reinforces and guarantee their performance.
Equally important is the attribution of the status of agent of authority to members of the body of procedural management when they perform the function of documentation in embargoes, launches and other acts whose nature requires it.
Within the same book VI is introduced certain modifications additional in the regime statutory of the rest of the officials to the service of the administration of Justice.
11TH in terms of Book VII, includes the social graduates as professionals who, in providing technical representation in the social sphere, can act as partners in the administration of Justice.
XII as a complement to the articles are introduced six additional provisions, nine transitional and ten late.
Between them provisions late, stand out it available end fourth, that modifies the law 1 / 2000, of 7 of January, of prosecution Civil for adapt it to them new provisions of it law organic of the power Judicial in relation to it information on the State of them performances judicial, the advertising of them sentences and the execution of sentences of the Court European of rights human , and the third final provision, amending the law 29/1998, of 13 July, regulating the contentious jurisdiction, in relation to the appeal in this court order.
In this field, and with the purpose of intensify them guarantees in the protection of them rights of them citizens, the law opts by reinforce the resource of Cassation as instrument by excellence for ensure the uniformity in the application judicial of the right. Thus, the appeal may be admitted to processing when invoked a specific violation of the legal system, both procedural as substantive, or jurisprudence, the room of the contentious-administrative of the High Court considers resource presents objective casacional interest for the formation of jurisprudence.
With the purpose of that the Cassation not is convert in a third instance, but meets strictly its function nomofilactica, is designed a mechanism of admission of them resources based in the description of them alleged in which an affair may access to the Court Supreme by attend an interest casacional. Thus, the Cassation Chamber will appreciate that in certain cases there is objective casacional interest, motivating it expressly in the order of admission. The resource must be admitted in certain cases, in which there is the presumption that there is objective casacional interest.
Single article. Modification of the organic law 6/1985, of 1 July, the judiciary.
Organic Law 6/1985, of 1 July, the judiciary, is hereby amended as follows: one. Amending paragraph 2 of article 3, which is worded as follows: ' 2. the organs of military jurisdiction, Member of the Judicial power of the State, based its organisation and functioning on the principle of jurisdictional unity and administer justice in the strictly military scope and, where appropriate, in the materials provided for the Declaration of the State of siege, in accordance with the Constitution and the provisions of criminal law» procedural and disciplinary military."
Two. Added a new article 4 bis, which is worded as follows: «article 4 bis.»
1. judges and courts apply the law of the European Union in accordance with the case-law of the Court of Justice of the European Union.
2. when courts decide to consider a European question they will do so in accordance with the case-law of the Court of Justice of the European Union and, in any case, by order, after hearing the parties.»
3. Added a new article 5 bis, which is worded as follows: «article 5 bis.»
Judicial review may be brought before the Supreme Court against a court judgment firm, pursuant to the procedural rules of each court order, when the European Court of human rights has declared that this decision has been issued in violation of any of the rights recognized in the European Convention for the protection of human rights and fundamental freedoms and its protocols provided that rape, by their nature and gravity, entail effects that persist and may not stop in any way which is not by this review.»
Four. It modifies the article 21, that is drafted as follows: «article 21.»
1. the Spanish civil courts will meet claims arising in Spanish territory pursuant to the provisions of the treaties and international conventions to which Spain is a party, in the rules of the European Union and Spanish laws.
«2. However, not know of them claims made with regard to subject or goods that enjoy of immunity of jurisdiction or of execution of conformity with the standards of the right international public.»
5. Amending article 22, which is worded as follows: «article 22.
With unique character, the Spanish courts shall have jurisdiction in any case and with any other preference to hear claims relating to the following areas: to) real rights and leases of immovable property located in Spain. However, in terms of leases of immovable property concluded for private use for a maximum period of six consecutive months, shall also be competent Spanish courts if the defendant domiciled in Spain, provided that the tenant is a natural person and that this and the owner are domiciled in the same State.
(b) creation, validity, nullity or dissolution of companies or legal persons having their domicile in Spanish territory, as well as with respect to agreements and decisions of its organs.
(c) validity or nullity of entries in a Spanish record.
(d) registration or validity of patents, marks, designs or drawings and models and others rights subject to deposit or registration, when is had requested or effected in Spain the deposit or the record.
«(e) recognition and execution in territory Spanish of sentences and other resolutions judicial, decisions arbitration and agreements of mediation dictated in the overseas.»
6. It adds a new article 22 bis, that is drafted as follows: «article 22 bis.»
1. in those materials in that a standard expressly it allow, them courts Spanish will be competent when the parts, with independence of their domicile, is have submitted express or tacitly to them. They will not have effects agreements that attributed the competence to the Spanish courts or similar provisions included in a contract are contrary to the provisions of articles 22 quater, 22 d, 22 sexies and 22 CF, or if they excluded the jurisdiction of the Spanish courts exclusive jurisdiction in accordance in article 22, in which case shall apply provisions of these precepts.
((The submission to them courts Spanish in them materials referred in them lyrics d) and e) of the article 22 d only will be valid if is based in an agreement of submission back to arises the controversy, or both Contracting had already its domicile or residence usual in Spain in the time of celebration of the contract or the claimant outside the consumer insured or the insurance taker.
2. is means by agreement of submission express that Pact by which them parts decide attributed to them courts Spanish the knowledge of certain or all the disputes that have emerged or can arise between them with regard to a determined relationship legal, contractual or not contractual. The competition established by express submission will be extended to the own validity of the submission agreement.
Express submission agreement must be written, in a clause included in a contract or in a separate agreement, or verbally with written confirmation, as well as in any way that suits the habits that the parties have established between them, or in international trade is compatible with the parties know or need to know and that , in said trade, are widely known and regularly observed by the parties in the contracts of the same type in the sector commercial considered. Means that half written agreement when you find a transmission by electronic means which provides a durable record.
Shall be considered also that there is a written agreement when it is contained in an exchange of writings of demand and reply within the process begun in Spain, in which the existence of the agreement is affirmed on the one hand and not denied by the other.
3. with independence of them cases in which your competition is of other provisions, will be competent the courts Spanish when appear before them the sued. This rule shall not apply if the hearing aims to challenge the competition.»
7. It adds a new article 22 ter, that is drafted as follows: «article 22 ter.»
1. in matters other than those referred to in articles 22, 22 sexies and 22 septies and without submission to the Spanish courts in accordance with article 22 bis, these will be relevant when the defendant is domiciled in Spain or when come determined by any of the forums established in articles 22 c and 22 d.
2. is means, to the effects of this article, that a person physical is domiciled in Spain when have in it his residence usual.
Means a legal person is domiciled in Spain when it is located its headquarters, its centre of administration or central administration or their principal place of business.
3. in case of plurality of demanded, will be competent them courts Spanish when at least one of them have their domicile in Spain, whenever is exercise a single action or several between which exist a nexus by reason of the title or cause of ask that advise their accumulation.
4. However, the competence established pursuant to paragraph 1 of this article may be excluded by agreement of choice of Forum in favour of a foreign court. In such a case, the courts shall suspend the procedure and may only know the pretension deduced in the course of that designated foreign courts have declined jurisdiction.
5 you won't effect the exclusion of the jurisdiction of the Spanish courts in matters in which there is no submission to them.»
8. Is adds a new article 22 quater, that is worded as follows: «article 22 quater.»
In the absence of the above criteria, the Spanish courts shall be competent: to) relating to Declaration of absence or death, when the missing person had their last place of residence in Spanish territory or had Spanish nationality.
(b) in matters related to the ability of persons and measures for the protection of the elderly age or their property, when they had their habitual residence in Spain.
(c) in the field of personal and property relations between spouses, marriage annulment, separation and divorce, and its amendments, provided that no other foreign court has jurisdiction, when both spouses are habitually resident in Spain at the time of the filing of the demand or when they have had in Spain last habitual residence and one of them it resides there, or when Spain is the habitual residence of the defendant , or, upon request by mutual agreement, when one of the spouses to reside in Spain, or when the plaintiff take at least one year of residence in Spain since the filing of the demand, or where the plaintiff is Spanish and has his habitual residence in Spain at least six months before the filing of the demand, as well as when both spouses have Spanish nationality.
(d) in respect of filiation and parent-child relations, protection of minors and parental responsibility, when the child or juvenile has his habitual residence in Spain at the time of the filing of the complaint or the complainant is Spanish or resides habitually in Spain or, in any case, since at least six months before the filing of the demand.
(e) in matter of adoption, in the so-called regulated in the Law 54 / 2007, of 28 of December, of adoption international.
(f) in the field of food, when the creditor or of the defendant has his habitual residence in Spain, or if the claim of food is formulated as accessory to a question about marital status or an action of parental responsibility, when the Spanish courts were competent to hear this last action.
(g) in terms of succession, when the deceased had their last habitual residence in Spain, or when goods are in Spain and the deceased was Spanish at the time of the death. They will also be competent when the parties had submitted to the Spanish courts, provided that the Spanish law was applicable to the succession. When any foreign jurisdiction is competent, the Spanish courts will be in the property of the succession in Spain.»
9. Added a new article 22 d, which is worded as follows: «article 22 d.
In addition, in the absence of express or implied submission and although the defendant had its domicile in Spain, the Spanish courts shall be competent: to) in respect of contractual obligations, when the obligation the demand is fulfilled or should meet in Spain.
(b) in terms of obligations non-contractual, when the made harmful is has produced in territory Spanish.
(c) in the actions relating to the exploitation of a branch, agency or establishment commercial, when this is find in territory Spanish.
(d) in matter of contracts concluded by consumers, these may litigate in Spain if have your residence usual in territory Spanish or if it had the other part Contracting; This last only can litigate in Spain if the consumer has his residence usual in territory Spanish.
(e) in matter of insurance, when the insured, taker or beneficiary of the safe had his domicile in Spain; (also can the insurer be sued before the Spanish courts if the harmful event arises in Spanish territory and were of a contract of insurance relating to property or liability insurance, or, in the case of a civil liability insurance, if the Spanish courts were competent to hear the action brought by the injured party against the insured pursuant to point (b)) of this article.
(f) in actions relating to rights in rem over movable property, if they are found in Spanish territory at the time of the filing of the demand.
Respecto_a the cases referred to in subparagraphs d) and e) will also be competent Spanish courts when the consumer, insured or policyholder is demanding and the parties have agreed to the submission to the Spanish courts after arise controversy, or both Contracting Parties had already domiciled in Spain at the time of conclusion of the contract or the plaintiff was the consumer insured or insurance taker."
10. Added a new article 22 sexies, which is worded as follows: 'article 22 sexies.
The Spanish courts shall have jurisdiction as regards measures provisional or assurance with regard to persons or property which is situated in Spanish territory and must meet in Spain. «Will be also competent to adopt these measures if it are to learn of the affair main.»
Eleven. Is adds a new article 22 CF, that is worded as follows: «article 22 septies.»
«In matter bankruptcy and other procedures of insolvency is will be to what available their legislation regulating.»
12. Added a new article 22 g, which is worded as follows: 'article 22 g.
1. not will be competent the courts Spanish in those cases in that them fueros of competition expected in them laws Spanish not contemplate such competition.
2. the Spanish courts will appreciate, ex officio or upon request, its competence in accordance with current regulations and attendant circumstances at the time of presentation of the claim, and the process shall be completed until its conclusion although such standards or circumstances have been amended since, unless explicitly determined otherwise.
3. the courts Spanish is will declare incompetent if your competition not was founded in them provisions of them laws Spanish, of conformity with it planned in them laws procedural.
Them courts Spanish not may abstain is or decline your competition when the so-called litigious present bonding with Spain and the courts of them different States connected with the so-called have declined your competition. «Nor it may do when is try of the recognition and the execution of resolutions judicial, decisions arbitration and agreements of mediation dictated by those courts foreigners.»
13. Added a new article 22 nonies, which is worded as follows: 'article 22 nonies.
«The exceptions of lis pendens and of relatedness International is invoked and processed with arrangement to the standards General that regulate them laws procedural.»
Fourteen. Amending article 35, which is worded as follows: «article 35.
1. the demarcation judicial, that will determine the constituency territorial of them organs judicial, is will establish by law or, in the cases expressly referred in this standard, by real Decree.
2. to this end, the autonomous communities will participate in the Organization of the judicial demarcation of their respective territories, referring to the Government, at the request of this, a proposal of it which fixed the judicial districts.
3. the Ministry of Justice, views the proposals of them communities autonomous, shall draw up the corresponding available normative, that will be informed by the Council General of the power Judicial in the term of two months.
4 issued the above-mentioned reports, the Government will proceed to the appropriate normative project processing.
5. the demarcation judicial will be revised every five years or before if the circumstances it advised, through law elaborate according to the procedure previously established.
6. the autonomous communities, following a report of the General Council of the judiciary, shall determine, by law, the capital of the judicial districts.'
15. Add a new article 61 bis, which is worded as follows: «article 61 bis.»
1. at the service of the Supreme Court, there will be a technical Cabinet, which will assist the Presidency and its different rooms in the admissions process of affairs that know and through the development of studies and reports requested him. It will also support to the extraordinary chambers in the firm's Affairs that are attributed to them.
2. the Cabinet technical will be integrated by a Director and by members of the career judicial and other jurists that shall be entrusted the designation of lawyers of the Cabinet technical.
3. for the above purposes, in the technical Cabinet there will be so many areas as jurisdictional. Within each area may be an admission section and another section of studies and reports. In the fifth room of the military can be a lawyer of the technical Cabinet.
The lawyers will lend their services in different areas according to their specialization.
4. in each of the areas, there will be one or more lawyers from the Cabinet technical who assume coordination functions of the Cabinet Members forming part of the same. They shall be appointed by the President of the Supreme Court, preferably from among the lawyers who belong to the judiciary, and must have a minimum ten years old in the exercise of their respective profession.
5. the Ministry of Justice, heard the Government Chamber of the Supreme Court and following a report of the General Council of the judiciary and favourable report from the Ministry of finance and public administration, shall determine the composition and technical Cabinet template.
«Exceptionally, for reasons circumstantial and duly justified, on the proposal of the General Council of the judiciary and heard the Government Chamber of the Supreme Court, may be the Ministry of Justice ascribe temporarily, up to the maximum of one year, an additional number of members in the service of the technical Cabinet.»
Sixteen. Added a new article 61 ter, which is worded as follows: «article 61 ter.
«The top address of the Cabinet technical will be exercised by the President of the Court Supreme or, in case of delegation of this, by the Vice-President of the Court Supreme.»
Seventeen. Is adds a new article 61 c, that is worded as follows: «article 61 quater.»
1. the full of the Council General of the power Judicial shall appoint to the Director of the Cabinet technical, to proposed binding of the President of the Court Supreme, must prove them requirements legally required for power access to the category of magistrate of the Court Supreme, having such consideration, to effects representative, while play the charge.
2. them lawyers that have of providing service in the Cabinet technical will be selected by contest of merits, establishing is in the advertisement of the call them criteria of selection.
Lawyers who do not belong to the Career Judicial or tax shall be the body of lawyers of the administration of justice officials or officials of public administrations or constitutional bodies, with degree in right, belonging to bodies of the subgroup A1 or assimilated.
The Permanent Council General of the power Judicial Commission will make the call on the proposal of the President of the Supreme Court, who heard previously, for the purposes of setting selection criteria, to the court room of Government.
3. the President of the Supreme Court, heard the Presidents of room and the Director of the technical Cabinet, shall submit to the Government room, for approval, the proposal of candidates to cover the squares of counsel of the technical Cabinet.
4. the President of the Supreme Court increased to the plenary of the Council General of the Judicial power the proposal of the Government Chamber of the Supreme Court, so appropriate to appoint those who will occupy the squares of counsel of the technical Cabinet.»
Eighteen. Added a new article 61 d, which is worded as follows: «article 61 d.
1. the lawyers who are selected shall be appointed for one year. Once met that deadline, the President of the Supreme Court, heard the President of the respective Chamber and the Director of the technical Cabinet, will propose, where appropriate, the extension in the plaza, in accordance with the procedure laid down for the initial appointment. The lawyers may be extended for successive periods of three years. Without limiting the foregoing, the lawyers may be dismissed by the President of the Supreme Court for serious breach of the duties of its function.
2. the Director of the technical office and the lawyers will be declared in administrative situation of special services in the race or body of origin.
3. for the purposes of the computation of antiquity in the judiciary, shall be judges or magistrates who deal lawyer square in the technical Cabinet account services provided in the court order corresponding to the area of the technical Cabinet that were attached.
«This forecast will be also of application to them effects of the computation of the antique in the body to them lawyers of the administration of Justice that occupy plaza's lawyer in the Cabinet technical.»
Nineteen. It adds a new article 61 sexies, that is drafted as follows: «article 61 sexies.»
«The room of Government, to proposal of the President of the Court Supreme, approve the rules of operation of the Cabinet technical.»
20. Amending paragraph 6 of article 73, which is worded as follows: in paragraph 3 of this article and» those other appeals attributed by law to the High Court of Justice.
Nominations for judges of these sections or rooms, on the proposal of the General Council of the judiciary, shall devolve on those judges who, boasting the status of specialist in the criminal order obtained by the overcoming of the selective tests that according to the rules determined by the General Council of the judiciary, have better position in their ranks. In the absence of these, it will fall on those judges who, having served on the criminal court order for ten years within the fifteen years immediately preceding the date of the call, have better put in the rankings. The antiquity in organs mixed is computed of equal way to these effects. «In its defect, is named to who holds best since in the ladder.»
Twenty-one. Is modifies the number 2nd of the paragraph 2 of the article 82, that is drafted as follows: «2nd of them resources that set the law against them resolutions dictated in first instance by them judged of it commercial, except which is dictate in incidents bankruptcy that resolve issues of matter labor, must specialize is to such end an or several of its sections» , in accordance with the provisions of article 98 of the present organic law. «These sections specialized will know also of them resources that set the law against them resolutions dictated by them courts of first instance in them procedures relating to contests of people physical and to actions individual relating to conditions General of it hiring.»
Twenty-two. A new paragraph 6 is added to article 85, which is worded as follows: ' 6. competitions of the natural person who is not an entrepreneur in the terms provided for in its law regulating.»
Twenty-three. Paragraphs 1 and 2 of article 86 ter, which are drawn up are modified as follows: "1. the commercial courts will know of any issues arise in bankruptcy matters, under the terms laid down in its regulatory law and without prejudice to the provisions of the article 85.6.» In all case, the jurisdiction of the judge of the contest will be exclusive and exclusive in them following materials: 1 them actions civil with transcendence heritage that is directed against the heritage of the concursado, with exception of which is exercise in them processes on capacity, filiation, marriage and minor to which is concerns the title I of the book IV of the law 1 / 2000 , 7 January, code of Civil procedure. With the same scope will know of the action that is concerns the article 17.1 of the law 22 / 2003, of 9 of July, bankruptcy.
2nd social actions that relate to the extinction, modification or suspension collective work contracts in which the bankrupt is employer as well as the suspension or termination of contracts of senior managers, without prejudice of when these measures involve modifying the conditions laid down in the collective agreement applicable to these contracts would require the agreement of the representatives of the workers. In the prosecution of these materials, and without prejudice to the application of the specific rules of the bankruptcy law, must take into account the inspiring principles statutory regulatory management and labor process.
3rd all execution facing them goods and rights of content assets of the concursado, any that is the organ that it had ordered.
4th all measure precautionary measures affecting the assets of the bankrupt, other than those adopted in civil processes that are excluded from their jurisdiction in the number 1 and without prejudice to measures precautionary that they can issue the referees during an arbitration procedure.
5 that in bankruptcy proceedings should take in relation to legal aid.
6 them actions aimed to demand responsibility civil to them administrators social, to the Auditors or, in its case, to them liquidators, by them damages caused to the concursado during the procedure.
2 the commercial courts know, also, how many issues are within the jurisdiction of the civil court order, respect of: to) demands that exercise actions relating to industrial property, intellectual property, unfair competition and advertising, as well as all those issues which are promoted under the protection of the rules governing commercial and cooperative societies within this court order.
(b) the claims which are promoted under the regulations on transport, national or international.
(c) those claims relating to the application of the maritime law.
(d) the actions provided for in the legislation relating to General conditions of the contract and the protection of consumers and users.
(e) appeals against the resolutions of the General direction of the registers and notaries in the area of recourse against the qualification of the mercantile Registrar, pursuant to the provisions of the mortgage law for this procedure.
(f) of the procedures for the application of articles 81 and 82 of the Treaty establishing the European Community and its secondary legislation as well as procedures for the application of articles to be determined by the law of the competition.»
Twenty-four. Paragraph 2 of article 87 bis, which is drawn up is modified as follows: "2. without prejudice to provisions of law on demarcation and legal ground, the Government, on the proposal of the General Council of the judiciary and where appropriate, report of the autonomous community with competence in matters of Justice, may establish through Royal Decree that the courts of violence on women determined to extend its jurisdiction to two or more parties inside» in the same province.»
Twenty-five. Letters are changed to) and d) and add a new letter g) paragraph 1 of article 87 ter, which are worded as follows: «a) instruction of the processes to demand criminal responsibility for the crimes listed in the titles of the Criminal Code relating to murder, abortion, injury, injury to the foetus, crimes against freedom, offences against moral integrity» against sexual freedom and indemnity, the privacy and the right to self-image, against the honour or any other crime committed with violence or intimidation, provided that they had committed against anyone who is or has been his wife, or a woman that is or has been linked to the author by similar relation of affectivity, even without cohabitation, as well as the tasks on the descendants «, own or of the spouse or cohabitant, or on minors or persons with the ability to modified legally that they live with him or they are subject to authority, guardianship, curatorship, foster care or guardian in fact the spouse or cohabitant, when an act of gender-based violence also occurred.»
«d) (knowledge and failure of the misdemeanours that them by law when the victim is any person designated as such in the letter to) of this subparagraph. ' «» (g) of the instruction of the processes to demand criminal responsibility for the crime of brokenness planned and punishable in article 468 of the Penal Code when the person offended by the crime whose sentence, measure precautionary or safety measure has broken is or has been his wife, or a woman who is or has been connected to the author by a similar relation of emotion even without living together «, as well as them descendants, own or of the wife or partner, or on them minor or people with it capacity modified judicially that with he live or that is hallen subject to the authority, guardianship, guardianship, foster care or saves indeed of the wife or partner.»
Twenty-six. Amending article 98, which is worded as follows: «article 98.
1. the Council General of the judiciary may decide, following a report in the Government halls, which in those constituencies where there is more than one court of the same class, one or more of them to assume with unique character, knowledge of certain kinds of affairs, or the execution of the court order in question, without prejudice to the tasks of support which can provide common services constituting the effect.
2. the General Council of the judiciary may decide by way of exception and for the time to be determined, with favorable of the Ministry of Justice report, heard the Hall of Government and, where appropriate, the autonomous community with competence in matters of Justice, one or more courts of the same province and same jurisdictional order to assume knowledge of certain classes or subjects of affairs and , in its case, of the executions that of them same arise, without prejudice of them labors of support that can provide them services common constituted or that is constitute.
In these cases, the organ u organs specialized will assume the competition to know of all those affairs that are object of such specialization, even when his knowledge initial was attributed to bodies rooted in different party judicial.
Not may adopt is this agreement to attribute to them bodies thus specialized Affairs that by available legal were attributed to others of different class. Nor may be of specialization in this way the courts of instruction, without prejudice to any other measures of exemption deal or reinforcement that was needed by the service needs.
3. this Agreement shall be published in the «Official Gazette» and will produce effects since the beginning of the year following the adoption, unless it is reasonably justified another earlier for reasons of urgency.
4. the affected courts continue to knowing of all proceedings before them until its conclusion.»
Twenty-seven. Article 163 shall be deleted.
Twenty-eight. Amending article 167, which is worded as follows: «article 167.
1 where any two or more courts of the judicial order, issues will be distributed among them according to pre-set rules of distribution. Starring standards will be adopted by the room of Government of the Superior Court, on the proposal of the Board of judges of the respective judicial order. To request of the interested, the Board of judges may propose that is free, total or partially, to a judge of the cast of affairs, by time limited, when the good administration of justice it make necessary. The agreement will be moved to the Government room so that, if you understand it to be relevant, appropriate approval. The amendments adopted in the rules of distribution may not affect pending procedures.
2. the Hall of Government may agree precise changes in the rules of distribution courts commercial, criminal, juvenile, penitentiary surveillance, administrative or social, to balance the distribution of issues that matter corresponds to each of them according to its kind, even though some had attributed, by law or by agreement of the plenary of the own General Council of the Judicial , the office of affairs of your competition to a constituency of scope lower to the province.
3. the distribution will be held by the lawyer of the administration of Justice under the supervision of judge Dean, whom he will be meeting with internal governmental character issues are raised and correct irregularities that may occur, adopting the necessary measures and promoting, where appropriate, the requirement of the responsibilities that come.»
Twenty-nine. Is modifies the paragraph 2 of the article 199, that is drafted as follows: «2. in it audience national, when not staff judges in number enough for constitute room, will be attended by for complete it others judges that designate the President of it room or, in its case, of the Court, with arrangement to a shift in which will be favorite which is found free of signaling and» , among these, the most modern. Failing, will be called a judge substitute in accordance with the provisions of paragraph 2 the following article.»
Thirty. Paragraphs 4 and 5 are abolished and amending paragraph 2 of article 200, which is worded as follows: ' 2. for the purposes of the provisions of the preceding article may be at the Audiencia Nacional, in the higher courts of Justice and the provincial hearings a relationship of alternate judges not members of the judiciary, which will be called to form room according to the priority that is established within each order or jurisdictional» which may have been appointed.
Your appeal must be complied with budgetary availability and priority established in the previous article, without that you can never attend to form more than one alternate judge room.»
Thirty and one. Added a paragraph 4 to article 216 bis.3, with the following wording: «4. exceptionally, when the peculiarities of the reinforcement prevent Service Commission can be served by a single judge for all its temporal extension, the General Council of the judiciary may authorize that their performance is conducted by those who voluntarily participate in plans of substitution of the judicial body that shall be strengthened» «, with attachment to the sequence of call between them that the own Council General of the power Judicial set.»
Thirty-two. Amending Article 230, which is worded as follows: ' 1. the courts and tribunals and prosecutors are required to use any technical, electronic, computer and telematic, means made available for the development of its activity and exercise of their functions, with the limitations that the use of such means established chapter I bis of this title» , the organic law 15/1999, of 13 December, of protection of Personal character data and other laws that may apply.
Them instructions General or unique of use of them new technologies that the Council General of the to Judicial or the Attorney General of the State directed to them judges and judges or to them tax, respectively, determining its use, will be of forced compliance.
2. the documents issued by previous media, anyone who is your support, enjoy the validity and efficacy of a source document that is always guaranteed their authenticity, integrity, and compliance with the requirements of procedural laws.
3 views and oral performances recorded and documented in digital media may not be transcribed.
4 processes that are processed with computer support will ensure the identification and the exercise of the judicial function by the body that exercises, as well as the confidentiality, privacy and security of the personal data that contain the terms laying down the law.
5. persons that require judicial protection of their rights and interests may relate to the administration of justice through the technical means referred to in paragraph 1 when they are compatible with those who have the courts and tribunals and respects the guarantees and requirements laid down in the procedure concerned.
6. those programs and applications computer that is used in the administration of justice must be previously informed by the Council General of the power Judicial.
«Them systems computer that is used in the administration of justice must be compatible between itself to facilitate its communication e integration, in them terms that determine the Committee technical state of the administration of Justice electronic.»
Thirty-three. Paragraph 2 is modified and added a paragraph 3 to article 232, which shall be drawn up as follows: "2. the relationship of signs of the judicial organ should be public.» The lawyers of the administration of Justice shall ensure that competent officials of the judicial office to publish in a place visible to the public, the first working day of each week, the relationship of signs corresponding to its respective judicial body, with indication of the date and hour of its conclusion, kind of action and procedure number.
3. exceptionally, for reasons of public order and protection of rights and freedoms, judges and courts, by a reasoned decision, may limit the scope of the advertising and remember the secrecy of all or part of the proceedings.»
Thirty-four. Amending article 234, which is worded as follows: «article 234.
1. the lawyers in the administration of Justice and officials of the judicial office shall provide stakeholders the information requested on the status of proceedings court may examine and learn about, except that they are or have been declared secret or reserved in accordance with the law.
2. them parts and any person that accredits an interest legitimate and direct will have right to get, in it form willing in them laws procedural and, in his case, in it law 18 / 2011, of 5 of July, regulatory of the use of them technologies of the information and the communication in the administration of Justice, copies simple of them written and documents that stating in them cars , not declared secret or reserved. «Also will have right to is les issued them testimonies and certificates in those cases and through the runway established in them laws procedural.»
Thirty and five. It adds a new article 235 bis, that is drafted as follows: «Article 235 bis.»
Without prejudice to the provisions of the second subparagraph of paragraph 1 of article 236 d and restrictions which, in his case, could settle in the procedural laws, access to the text of the judgments, certain ends of the same or other judgments in the midst of the process, only can be carried out upon dissociation of the personal data which the same contained and with full respect for the right to privacy the rights of persons requiring a special duty of guardianship or guarantee the anonymity of the victims or disadvantaged, where appropriate.
«In any case it shall take appropriate measures so that judgments and other judgments in the midst of the process may be used for purposes contrary to law.»
Thirty-six. Add a new chapter I bis in the title III of Book III, which includes the articles 236 to 236 decies, bis being worded as follows: «CHAPTER I BIS protection of personal data in the field of the administration of Justice article 236 bis.»
He treatment of data led to out with occasion of the processing by them courts of them processes of which are competent, as well as the made within the management of the Office judicial is subject to it willing in it law organic 15 / 1999, of 13 of December, of protection of data of character Personal and its normative of development , without prejudice of the specialities established in the present chapter.
Article 236 ter.
1. the Court may treat data of character personal with late jurisdictional or not jurisdictional. In the first case, the treatment is limited to the data insofar as they are incorporated into the processes that know and your purpose directly relates to the exercise of the judicial power.
2. them courts will keep, with full respect to them guarantees and rights established in the normative of protection of data of character personal, them files that are necessary for the processing of them processes that in them is still, as well as which is require for its proper management.
These files are to be classified in jurisdictional and not legal according to the nature of the treatment of data that comprise them.
Article 236 quater.
Of conformity with it willing in the article 11.2 of the law organic 15 / 1999, of 13 of December, not will be necessary the consent of the interested so them courts come to the treatment of them data in the exercise of the power jurisdictional, already are these provided by them parts or collected to request of the own Court, without prejudice of it willing in them standards procedural for the validity of the test.
In the case of data treated not jurisdictional purposes it will be provisions of the organic law 15/1999, of 13 December.
Article 236 d.
1. judges and courts, and the counsel of the administration of Justice in accordance with its procedural powers, may take the measures which are necessary for the removal of personal data from documents that can access the parties during the process whenever they are not needed to ensure their right to effective judicial protection.
Of the same mode proceed with regard to the access by the parts to them data personal that could contain them sentences and others resolutions dictated in the breast of the process, without prejudice of the application in them others alleged of it established in the article 235 bis.
2. in any case shall apply the provisions of the law of protection of data of a personal nature to the treatment which the parties carry out the data that had been revealed in the development of the process.
3-transferable to the General of the Judiciary Council and the Ministry of Justice, where appropriate, data processed for jurisdictional purposes which are strictly necessary for the exercise of the functions of inspection and control laid down in this law.
4. the data treated not jurisdictional purposes may transfer between courts or by the General Council of the judiciary or the Ministry of Justice when this is justified by the interposition of a resource is necessary for the exercise of powers that are legally attributed.
Article 236 sexies.
1. for the purposes laid down in the organic law 15/1999, of 13 December, court will be responsible for the judicial files or judicial office that processes whose data are incorporated into the file, and within it are processed will decide who has the competence attributed by current legislation according to the request received from the citizen.
Also, will be responsible of them files not jurisdictional it Office judicial corresponding to the organ judicial with which is relate the data that to them same is incorporated.
2. the provisions of the preceding paragraph is understood without prejudice to disciplinary liability which could correspond to who would have been, if any, responsible for the Commission of an offence in terms of protection of personal data, referred to in article 46.2 of the organic law 15/1999, of 13 December.
3. in any case, it shall be for the lawyer in the administration of Justice indicated in the agreement of creation to ensure the adoption of measures that prevent the alteration, loss, treatment or unwanted access to data of a personal nature, incorporated into the files, both jurisdictional and non-jurisdictional, boasting that the condition of security officer for the purposes provided in the legislation for the protection of personal data.
Article 236 septies.
1 personal data of the courts files will be created, modified or deleted by agreement of the Council General of the judiciary, adopted on a proposal from the room of Government of the High Court, the Audiencia Nacional or the Superior Court of Justice or justice corresponding competent administrative body.
He agreement of creation, of modification or of suppression of them files is will adjust to it provisions in the legislation existing in matter of protection of data of character personal and is published in the «newsletter official of the State» and, in his case, in them daily official of them communities autonomous.
2. once published the agreement, the General Council of the judiciary will give transfer it for listing on the Register General of protection of data of the Agency Spanish of data protection.
Article 236 g.
1. Requests for exercise of rights of access, rectification, cancellation and opposition in relation to data processed for jurisdictional purposes will be processed in accordance with the rules which may be applicable to the process in which data were collected, not being implementing provisions to this effect by the legislation on protection of personal data.
In any case will be denied access to the data processed for jurisdictional purposes when the proceedings in which it has been obtained the information have been declared secret or reserved.
2 for data treatment purposes not jurisdictional, interested parties may exercise their rights of access, rectification, cancellation and opposition in the terms established in the current legislation on the protection of data of a personal nature, directing your request to the competent official to decide in accordance with the regulations to be responsible for the file refers to the second subparagraph of paragraph 1 of article 236 sexies.
Article 236 nonies.
1. the powers which the organic law 15/1999, of 13 December, attributed to the Spanish Agency of data protection, shall be exercised, with regard to treatments carried out the files of this nature, and jurisdictional purposes by the General Council of the judiciary.
2 treatments of data carried out for purposes not jurisdictional and their corresponding files shall be subject to the jurisdiction of the Spanish data protection agency, with the General Council of the judiciary to the same collaboration stating to the effect.
The General Council of the judiciary may take regulatory action that it considers necessary to ensure compliance, data files not jurisdictional, of the security measures laid down in the regulations on protection of data of a personal nature and not jurisdictional purposes.
3. when on the occasion of the realization of actions of research relating to the possible Commission of a breach of the data protection rules, the competent authorities referred to in the two preceding paragraphs apreciasen the existence of evidence involving the jurisdiction of the other authority, they would immediately transfer the latter to continue with the procedure.
Article 236 decies.
1. the treatment of data carried out by the General Council of the Judicial power in the exercise of its powers shall be subject to the provisions of the legislation on protection of personal data. These treatments not be considered in any case made for jurisdictional purposes.
2. the files of personal data of the General Council of the judiciary and members of the same bodies will be created, modified or suppressed by agreement of the Council General of the Court, on the proposal of the Secretary-General, who will hold the status of controller for them.
Once published the agreement, the General Council of the judiciary will give transfer it for listing on the Register General of protection of data of the Agency Spanish's data protection.»
Thirty and seven. Amending article 264, which is worded as follows: «article 264.
1. the judges of the various sections of the same room will meet for the unification of criteria and the coordination of procedural practices, especially in cases in that the magistrates of the different sections of the same room or court sostuvieren decisions diversity of interpretative criteria in the implementation of the law on substantially the same issues. To these effects, the President of the Chamber or respective Tribunal, itself or majority request of its members, convened plenary court so he knows of one or more of those issues in order to unify the criteria.
2 will be part of this House all the judges of the corresponding room that know matter where the discrepancy it had become apparent by cast.
«3. in any case, will be to save the independence of the sections for the prosecution and resolution of the various processes that meet, even though they must motivate the reasons why to depart from the agreed criteria.»
Thirty-eight. Amending article 269, which is worded as follows: «article 269.
1. them judged and courts only may celebrate judgments or views of affairs out of the population of its headquarters when so it authorized by the law.
2. However, the General Council of the judiciary, when advisable due to the circumstances or the good service of the administration of Justice, and at the request of the halls of Government of the high courts of Justice, may provide that the courts and sections or rooms of the tribunals or hearings constitute population distinct from its headquarters to dispatch the issues corresponding to a particular territorial area included in the constituency of those.
3. also, them rooms of Government of them courts upper of Justice, prior determination of the number of causes that justify them transfers of them courts out of their headquarters and whenever its displacement come justified by a best administration of Justice, will have that them judges of it criminal, assisted of the lawyer of the administration of Justice, is constitute for celebrate judgments oral in them cities where have headquarters them judged that have instructed them causes of which les It is know. The courts of instruction and officials who served in them will pay in these cases how much collaboration is accurate.»
Thirty-nine. It modifies the article 276, that is drafted as follows: «Article 276.»
International cooperation requests will be processed in accordance with the provisions of international treaties, the rules of the European Union and Spanish laws that may apply.»
Forty. It modifies the article 277 that is drafted as follows: «article 277.»
«Spanish courts provided judicial authorities foreign cooperation who request them for the performance of its judicial function, in accordance with the provisions of the treaties and international conventions to which Spain is a part, the rules of the European Union and the Spanish laws on this matter.»
Forty and one. Amending article 278, which is worded as follows: «article 278.
The provision of cooperation international only will be denied by those judged and courts Spanish: 1 when the object or purpose of the cooperation requested is manifestly contrary to the order public.
2. when the process that originates the request for cooperation will be of the exclusive competence of Spanish jurisdiction.
3rd when the content of the Act to be not appropriate to them powers own of the authority judicial Spanish required. In this case, issue the request to the competent court, informing the requesting judicial authority thereof.
4th when the request for international cooperation does not meet the content and minimum requirements by law for processing.»
Forty-two. It modifies the article 296, that is drafted as follows: «Article 296.»
1. harms and damages caused by judges and magistrates in the exercise of its functions will result, where appropriate, liability of the State for judicial error or by abnormal functioning of the administration of justice without which, in any case, can the handicapped go directly against those.
2. If damages provinieren of wilful misconduct or gross negligence of the judge or magistrate, the General Administration of the State, satisfied once the compensation to the injured party, it may require, by via administrative means the procedure according to the rules established, the judge or magistrate responsible for the reimbursement paid without prejudice to disciplinary responsibility in which this might be incurred, in accordance with the provisions of this law.
He dolo or blame serious of the judge or magistrate is may recognize in sentence or in resolution dictated by the Council General of the power Judicial according to the procedure that this determined. «For the requirement of such liability shall be weighted, among others, the following criteria: the produced harmful result and the existence or not of intentionality.»
Forty and three. It suppresses the article 297.
Forty-four. Amending paragraph 8 of article 301, which is worded as follows: «8. also will be reserved in the call for a quota not lower to five per cent of the vacancies to be covered between people with disabilities to a degree equal to or greater than 33%, whenever they exceed selective tests and that they prove the degree of disability and support for the performance of functions and tasks in the form determined by law. " The income of people with disabilities in fiscal and judicial races be inspired on the principles of equality of opportunities, non-discrimination and compensation of disadvantages, in his case, leading to the adaptation of the selective processes to the special needs and singularities of these people, through adaptations and reasonable adjustments of time and means in the selective processes.
In addition, once these processes, be adaptations and reasonable accommodation to the needs of persons with disabilities of any kind in the jobs and the work environment of the Center or public dependency where to develop your activity.»
45. Amending paragraph 3 of Article 329, which is worded as follows: «3. contests for the provision of the juvenile courts will be resolved in favor of those who, being the category of magistrate and crediting the corresponding specialization in respect of minors in the Judicial School, have better put in their ranks. " In his absence, will be covered by judges who have given at least three years of service, within the five preceding the date of the announcement, in the jurisdiction of minors. In the absence of these, they will cover in the order of seniority laid down in paragraph 1.
Those who obtain plaza, as well as that obtained it when the vacancies had to be covered by rise, shall participate before taking possession of his new destination in activities relating to minors and specialization in the field of gender-based violence that set the General Council of the judiciary."
Forty-six. Amending article 339, which is worded as follows: «article 339.
The President of the national audience and the Presidents of the high courts of Justice, when they stop at the post, will be assigned, at its option, to the Court or hearing that cease or that which came in its final destination, up to the award of the corresponding square which have chosen. «If they have exhausted all of the first period for which they were appointed, preference will be given, in addition, during the three years following the ceasefire, any place in its category which should provide by voluntary and for them to not recognize special preference or booking specialist.»
Forty-seven. Amending article 340, which is worded as follows: «article 340.
Of the national audience chamber Presidents, the Presidents of room of the higher courts of Justice and the Presidents of the provincial hearings that cesaren in office will be assigned to his choice, to the Court or hearing that cease or that which came in its final destination, up to the award of the corresponding square which have chosen. «If they have exhausted all of the first period for which they were appointed, preference will be given, in addition, during the two years following the ceasefire, any place in its category which should provide by voluntary and for them to not recognize special preference or booking specialist.»
Forty-eight. Add a new article 344 bis, which is worded as follows: «article 344 bis.»
1. them judges from of the body legal military will be appointed to occupy squares in the room of it military of the Court Supreme by real Decree, endorsed by the Minister of Justice and to proposed of the Council General of the power Judicial, between General counselors Gownsman and General Auditors with fitness for the ascent in situation of service active.
«2. for the purposes of motivation of the proposed of appointment, the Council General of the power Judicial request with character prior to them aspiring an exhibition of their merits in them terms of this law, as well as to the Ministry of Defense the documentation that in your case consider required.»
Forty and nine. Article 347 bis, which is drawn up is amended as follows: «article 347 bis.»
1. in every Superior Court of Justice, and to the territorial area of the province, the squares of judges territorial allegiance determined by Act 38/1988, of 28 December, demarcation and Judicial plant will be created.
2. territorial assignment judges shall serve in their jurisdictional squares that are vacant, as reinforcement of judicial bodies or in those places whose owner is absent for any reason.
The designation for these functions will be up to the President of the High Court of Justice which depend on, then you will notice to the respective Government room.
The room of Government of the Superior Court of Justice shall inform the General Council of the Judicial power of the situation and destinations of judges from territorial affiliation of their territory.
3. in the pluriprovinciales autonomous communities and when the reasons for the service required, the President of the Superior Court of Justice may make appeals to the courts of another province belonging to the territorial scope of the Tribunal.
4. when the judge of secondment territorial play functions of replacement, it will be with fullness of jurisdiction in the organ corresponding. Also you will be attend to them together of judges and other acts of representation of the organ judicial in which replace, in absence of its holder.
5. when the judge of secondment territorial exercise functions of reinforcement, will correspond to the room of Government set them objectives of said reinforcement and the right cast of affairs, prior audience of the judge of attachment and of the holder or holders of the organ judicial reinforced.
6. movements of the judge's territorial affiliation will give rise to compensation to be determined by regulation by reason of service.
7. in autonomous communities where there is more than one official language or have their own civil right shall apply, for the provision of these squares, the forecasts established for that purpose in the present law.'
Fifty. Paragraph 1 is modified and added a paragraph 3 to article 386, which are written as follows: ' 1. the retirement age of judges and magistrates is forced and you will Decree in good time to allow the termination of function effectively on reaching the age of seventy years. "
They may however, request two months in advance at this time prolongation of stay on active duty until they reach maximum seventy-two years of age. «This application linked to the Council General of the power Judicial who only may deny it when the applicant not meets the requirement of age or when submit the request out of the term indicated.»
«3. judges and magistrates shall remain in honours and treatments corresponding to the level reached at the time of retirement.»
Fifty and one. 411, 412 and 413 articles are deleted.
Fifty and two. Amending paragraph 2 of article 416, which is worded as follows: «2. very serious fault shall be extinguished after two years, the major a year and the minor at six months.»
The term of prescription will begin to count is since it missing is had committed. However, in the article 417.5 planned event, the limitation period will begin from the firmness of the judgment or the decision issued by the Council General of the judiciary declaring the civil liability of the judge or magistrate.»
Fifty-three. Amending the number 5 of article 417, which is worded as follows: "5. the actions and omissions that took place, in judgment or firm judgment by the Council General of the judiciary, a declaration of civil liability incurred in the exercise of the function by malice or gross negligence in accordance with paragraph 2 of Article 296.»
Fifty and four. Amending paragraph 2 of article 420, which is worded as follows: ' 2. the minor misconduct only can punish with a warning or a fine of up to 500 euros or both; " the serious fine of 501 to 6,000 euros, and the very serious with suspension, forcible transfer or separation."
Fifty and five. Amending paragraph 3 of article 438, which is worded as follows: ' 3. the Ministry of Justice and the autonomous communities in their respective territories will be responsible for the design, creation and organization of common procedural services, registration and distribution functions, acts of communication, judicial assistance, execution of judgments, mediation, voluntary jurisdiction and procedure management.» The halls of Government and the boards of judges may request the creation of common services, in accordance with the specific needs to the Ministry and the autonomous communities.
You can also create procedural common services that take other functions other than those listed in this issue, in which case the favourable report from the General Council of the judiciary will need.»
Fifty-six. Amending article 440, which is worded as follows: «article 440.
The lawyers of the administration of justice are public servants constitute a Superior legal, unique body, of national character, in the service of the administration of Justice, the Ministry of Justice, and exercising its functions with the nature of authority, showing the direction of the judicial office."
Fifty-seven. Amending Article 441, which is worded as follows: «Article 441.
1. the jobs whose performance is reserved to the body of lawyers of the administration of Justice, are classified into three categories, taking place the entry therein by the third category.
(2) a counsel of the administration of Justice will possess a personal category.
The consolidation of the personal category requires the performance of jobs corresponding to that class for at least five continuous years, or seven with interruption.
3. do not you can start to consolidate a superior without having previously consolidated bottom, while the performance of a higher post time will be computable for purposes of consolidation of the lower.
4. do not it will be possible to use the same time period to consolidate different categories.
5. in no case a lawyer in the administration of Justice in the third category may choose a square of the first.
6. the category only consolidated operates as a guarantee of the perception of the corresponding to the same salary, when referred to a lower post.
«7. the Ministry of Justice will establish them three groups in which is classified them positions of work to play by the lawyers of the administration of Justice.»
Fifty and eight. Is modifies the paragraph 2 of the article 442, that is drafted as follows: «2. is reserved the thirty percent of them squares vacant for his provision, prior authorization from the Ministry of Hacienda and administrations public, by promotion internal through the system of competition by them officials of career of the body of management procedural and administrative that carry, unless» , two years of services effective on the same. To these effects is computed the services rendered in the body of official of the administration of Justice of which, in his case, come.
The remaining vacancies, accrued by those that are not covered by internal promotion, if any, will be covered in turn free through opposition or, where applicable, competition, always subject to the current budget estimates in matters of public employment offer.
There is no offer of public employment, the Ministry of Justice, with extraordinary character and prior authorization from the Ministry of finance and public administration, may convene a specific internal promotion process when advisable due to circumstances in the administration of Justice. The number of places called by this system may not exceed fifteen per cent of the vacancies. In this case, the squares that are not covered not may offered to make them turn free.»
Fifty-nine. Amending paragraph 1 of article 443, which is drawn up as follows: «(1. El ingreso en el Cuerpo de Letrados de la Administración de Justicia se produce por el cumplimiento de las siguientes condiciones: a) meet the requirements and the conditions required in the call.»
(b) improvement of the selective processes.
(c) appointment issued by the Minister of Justice and published in the «Official Gazette».
(d) oath or promise faithfully fulfil the duties of the office and save and do save the Constitution as a fundamental rule.
«(e) taking of possession within the term established.»
Sixty. It adds a new article 443 bis, that is drafted as follows: «article 443 bis.»
«He Ministry of Justice approve every year the ladder of the body of lawyers of the administration of Justice, that is published in the "Bulletin official of the State" and will understand them data personal and professional that is establish regulations.»
Sixty and one. It modifies the article 444, that is drafted as follows: «article 444.»
1. the officials of the body of lawyers of the administration of Justice will have equal rights individual, collective and duties, that them established in the book SAW of this law, governed with character supplementary it willing in the Statute basic of the employee public and the rest of the normative State on function public.
(2. without prejudice of its development and concretion in the regulation organic, is recognize them following rights professional: to) enables, in those cases in that is pay a dedication or service not paid, in them terms that is determined according to the rules.
(b) professional expertise in those areas, orders and matters to be determined by regulation.
(c) freedom of professional association.
(d) to their professional associations should be heard in all matters affecting its Organic Statute.
3. the regime established in the preceding paragraphs shall apply to the lawyers of the administration of Justice substitute, to the extent allowed by the nature of the right."
Sixty-two. Amending paragraph 1 of the article 445, which is worded as follows: ' 1. Administrative situations in which the lawyers of the administration of Justice can find, as well as his retirement, will be the same and will proceed its declaration in the cases and with the effects laid down in this law for judges and magistrates. "
However, the lawyers of the administration of Justice that arise as candidates for public office representative in the European Parliament, Congress, Senate, legislative assemblies of the autonomous communities and local corporations, may be dispensed, upon request, of the provision of the service in their respective offices judicial, for the duration of the election campaign. This permission may be granted by the Secretary General of the administration of Justice.
In addition, they may be in special services the lawyers of the administration of Justice that are appointed managers of the Civil Registry in accordance with the provisions of the Civil Registration Act and its implementing rules.»
Sixty and three. Amending article 446, which is worded as follows: «article 446.
1. the lawyers in the administration of Justice shall refrain in the cases established for judges and magistrates and, if they did not, they may be objected to.
2. the abstention shall be formulated by written reasoned statement addressed to the Provincial Coordinator Secretary, who will decide the issue.
If confirm is the abstention, the lawyer of the administration of Justice that is has abstained should be replaced by your substitute legal; If refused, should he continue acting in the matter.
3 the requirements established by this law for judges and magistrates in article 223, with the following exceptions shall apply to the disqualification of the lawyers of the administration of Justice: a) the lawyers of the administration of Justice may not be objected to during the practice of any diligence or performance that are responsible.
(b) the part of objection is resolved by the Secretary of Government.
c) filed the notice of objection, the counsel of the administration of Justice challenged shall report in detail in writing if it recognizes or not how some and the alleged legitimate cause.
(d) when the challenged to recognize how certain the cause of the objection, the Secretary of Government it shall be challenged by Decree, if it considers that the cause is legal. If estimates that the cause is not of the common law, declare failing to rise to the challenge. Against the Decree on objection not be will give resource one.
(e) when the challenged denied the certainty of the alleged cause as basis for recusal, the instructor, if it allows to process the proposed challenge, will order the practice, within ten days of the evidence which is relevant and that it deems necessary, with move to the public prosecutor's Office to report for period of three days. After that deadline, with or without the public prosecutor's report, will decide the objection within five days. Against this resolution does not fit resource one.
(f) the challenged lawyer of the administration of Justice, from the time that notice of objection is filed, will be replaced by his legal substitute.»
Sixty-four. Is modifies the first paragraph of the paragraph 5 of the article 447, that is drafted as follows: «5. them lawyers of the administration of Justice substitutes will perceive them remuneration corresponding to the since of work played.»
Sixty-five. Amending paragraph 1 of article 450, which is worded as follows: ' 1. the provision of jobs will be held by means of competition, which will be the regular system of provision. "
In the case of positions of managerial character or special responsibility, may covered by the free appointment procedure.
Jobs's lawyer in the administration of Justice in the Supreme Court will be covered by the system of free appointment among those candidates who belong to the first or second category, with an antiquity of at least twenty years in one of them or both and fifteen years of service in the corresponding court order.
The appointment of lawyers in the administration of Justice for jobs based in the territory of an autonomous community with assumed powers, which are to be covered by this procedure, shall require the prior report of the competent body of that community. In any case, provision system shall be determined in the corresponding relations of jobs.'
Sixty-six. It modifies the article 451, that is drafted as follows: «article 451.»
1. the substitutions by absence, illness, suspension or vacancy of lawyers in the administration of Justice will be covered by who are designated by his immediate superior.
2. This designation must lie in another lawyer of the administration of Justice, that is called legal alternate. For this purpose the Secretaries of Government shall draw up a list of the members of the body of lawyers of the administration of Justice who voluntarily wish to participate in the annual plans of substitutions. There is no volunteer, be appointed, on a forced basis, the regular alternate designated in accordance with provisions in the previous issue. Calls that take place pursuant to this rule shall be paid in cases and amount to be determined by regulation.
3. exceptionally, when there were sufficient number of lawyers in the administration of Justice, in the case of entries and records in closed places agreed by a single Court of the national court and which should be carried out simultaneously, the officials of the body of procedural and administrative management instead of the counsel of the administration of Justice may , intervene in quality of notaries and lift the corresponding Act.
4. when not out possible proceed to the fallback according to it planned in them paragraphs 1 and 2, and exist availability budgetary, may proceed is to the appointment of a lawyer of the administration of Justice substitute, whenever meets them requirements of degree required for the income in the body of lawyers of the administration of Justice.
5 apply to the lawyers of the administration of Justice substitute the same legal regime as holders, where their nature permits, being integrated in the General regime of the Social Security.
6. of the existing civil servants belonging to the body of procedural and administrative management included in the corresponding bag, they will be called as lawyers in the administration of Justice substitute with precedence over the rest of substitutes, keeping their mandatory inclusion in Judicial Mutualism both the regime of Social security which applies.»
Sixty-seven. Amending article 455, which is worded as follows: «article 455.
Will be the responsibility of the lawyer in the administration of Justice organize the enactment of the Bill, which will be held in the terms established by procedural laws.»
Sixty-eight. Amending article 456, which is worded as follows: «article 456.
1. the administration of Justice counsel will boost the process in the terms laying down procedural laws.
2. for this purpose, it shall issue the necessary resolutions for the handling of the process, except those that procedural laws reserved to judges or courts. These resolutions shall be proceedings, which may be planning, repeatability, communication or execution;
3. be called decree to the resolution issued by the lawyer of the administration of Justice in order to support the demand, put an end to the procedure, which has attributed exclusive jurisdiction, or when it is necessary or convenient to reason their decision. It will always be motivated and will contain, in paragraphs separated and numbered, in fact the background and principles of law that underpin.
4. the proceedings of ordination and decrees shall be appealable in cases and forms provided for in the procedural laws.
5. decisions of the governmental character of the lawyers of the administration of Justice is referred to as agreements.
6 the lawyers of the administration of Justice, when so provide procedural laws, will have skills in the following areas: to) run, except for those powers that be reserved for judges and magistrates procedural laws exempting.
(b) voluntary jurisdiction, assuming processing and resolution, without prejudice to the resources that fits file.
(c) conciliation, doing the job mediator that they own.
(d) processing and, where appropriate, resolution of the payment order procedures.
(f) any others that expressly provide for."
Sixty-nine. Amending paragraph 2 of article 458, which is worded as follows: ' 2. the rules governing management and file of cars and records which were not pending any action, as well as the destruction of court records will be established by Royal Decree. "
As a general rule be the destruction of cars and court records after six years of the firmness of the decision which definitively put term the procedure which resulted in the formation of those. Is except of it previous those formed for the instruction of causes criminal followed by crime, as well as the alleged that regulations could be referred, especially in attention to the value cultural, social or historical of it filed.
Previously, the lawyer of the administration of justice be granted audience by not less than fifteen days to parties that person were so interested, in his case, the breakdown of those originals that had contributed or exercise the rights that this law recognizes them in articles 234 and 235.»
Seventy. Amending paragraph 3 of article 461, which is worded as follows: ' 3. the National Commission of Judicial statistics, composed of the Ministry of Justice, a representation of the autonomous communities with competence in the matter, the General Council of the judiciary and the Office of the Attorney-General, approve plans statistical, General and special, the administration of Justice and shall establish uniform criteria» where appropriate, take into account the gender perspective and the sex variable, and are mandatory for all about obtaining, computer processing, transmission and exploitation of statistics of the Spanish judicial system.
The structure, composition and functions of the Commission national of statistics Judicial will be established regulations by the Government, through real Decree, prior report of the Council General of the power Judicial, of the Fiscal General of the State, of the Agency of protection of data and of them communities autonomous with powers in the matter.
The computer systems of procedural management of the administration of Justice will allow in any case the automated extraction of the totality of the data required in the corresponding statistical bulletins.»
Seventy-one. Is modifies the paragraph 2 of the article 463, that is drafted as follows: «(2. them organs top of Government of the body of lawyers of the administration of justice are, by order hierarchical, them following: to) the Secretary General of the administration of Justice.»
(b) the Secretaries of Government).
«(c) the Secretaries coordinators provincial.»
Seventy-two. Is modify them paragraphs 3 and 5 of the article 464, that are written as follows: «3. will be appointed and removed freely by the Ministry of Justice.» This appointment will be held on the proposal of the competent body of the autonomous communities when they have assumed responsibilities in the field of administration of Justice, which may also propose its cessation.
Report on the candidate who has been appointed by the Ministry of Justice, of the Chamber of Government of the respective court and the Council of the Secretariat shall be sought in any case for your appointment. For the of the cities of Ceuta and Melilla the report will be issued by the room of Government of the Court top of Justice of Andalusia.
The same post of Secretary of Government not be be occupied more than ten years.»
«Reserves 5 to the lawyers of the administration of Justice that are appointed secretaries of Government, during the time that post office, the square come to occupy prior to such appointment.
During his tenure, the plaza can be covered on secondment basis.»
Seventy-three. Is modify them paragraphs 9 and 10 and is added them paragraphs 11 and 12 to the article 465, that are written as follows: «9. concession of permissions and licenses to them lawyers of the administration of Justice of its territory, can delegate in the Secretary Coordinator.»
10 known incidents of disqualification of the lawyers of the administration of Justice.
11 develop annual plans of substitutions of lawyers in the administration of Justice and propose to the Ministry of justice the list of candidates being considered suitable to practice as lawyers in the administration of Justice substitute in the territory of each autonomous community.
12 any other provided for in the organic regulation of the body of lawyers of the administration of Justice."
Seventy and four. Amending paragraphs 1 and 4 of article 466, which are written as follows: "1. in each province there will be a coordinator Secretary, appointed by the Ministry of Justice for the free appointment procedure, on the proposal of the Secretary of Government, in accordance with the autonomous communities with assumed powers, from among those submitted to the public announcement."
Before the appointment is heard to the Council of the secretariat about the candidate that has of being named by the Ministry of Justice.
In addition, in the autonomous community of Balearic Islands will have a Secretary Coordinator in the islands of Menorca and Ibiza, and in the autonomous community of Canary Islands, another on the islands of Lanzarote and La Palma.
Uniprovinciales autonomous communities, Secretary coordinator functions will be assumed by the Secretary of Government, except for those which, by reason of the service, its existence is advisable.
The same post of Secretary Coordinator not be be occupied more than ten years.»
«Reserves 4 to the lawyers of the administration of Justice that are appointed secretaries coordinators, during the time that post office, the square come to occupy prior to such appointment.
During his tenure, the plaza can be covered on secondment basis.»
Seventy-five. Paragraphs 7 and 8 should be modified and added new paragraphs 9 and 10 to article 467, being drawn up as follows: ' 7. resolve the substitutions and replacements of the lawyers of the administration of Justice in its scope. "
8. solve them incidents of abstention of them lawyers of the administration of Justice that of he depend on in accordance with it provided in this law.
9 grant, by delegation of the Secretary of Government, permissions and licenses to the lawyers of the administration of Justice in their territory.
10. the other established laws and its own organic regulations.»
Seventy-six. Amending paragraphs 1, 2 and 3 of article 468, which are written as follows: ' 1. the lawyers of the administration of Justice will be subject to disciplinary liability, in the cases and in accordance with the principles established in this book.»
2. no penalty may impose by the Commission of a serious or very serious failure, but under disciplinary instructed the effect, under the procedure established in the organic regulations of the body of lawyers of the administration of Justice rendered in development of this law.
For the imposition of sanctions for minor misconduct, upon instruction of the record, unless the hearing process will not be mandatory to the person concerned.
In addition to the authors, will be responsible for disciplinary reasons superiors who, having knowledge of the facts, consintieren them, as well as those misleading or concealed failures severe and very severe when such acts derived are serious damage for the administration or the citizens.
3. the autonomous regions with assumed powers may put in knowledge of the hierarchical superiors of the lawyers of the administration of justice purposes in judicial offices based in their territory, those behaviors which may be detrimental to the duty of collaboration established in this law with the autonomous communities.
The competent authority for the initiation and processing of disciplinary cases will notice those decisions to be taken."
Seventy-seven. Add a new article 468 bis, which is worded as follows: «article 468 bis.»
Faults may be minor, serious and very serious.
1 are considered very serious misconduct: a) the breach of the duty of fidelity to the Constitution on the exercise of the public service.
(b) any proceedings involving discrimination by reason 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.
(c) the abandonment of the service.
(d) the adoption of agreements or resolutions manifestly illegal, cause serious prejudice to the public interest or they injured fundamental rights of citizens.
(e) disclosure or use by the lawyer of the administration of Justice, of facts or data known when it causes prejudice to the processing of a process or to any person in the exercise of its function or occasion.
(f) the improper use of documents or information which have or have had access by reason of his position or function.
(g) the negligence in the custody of documents giving rise to its dissemination or incorrect knowledge.
(h) the delay, the neglect or the failure to comply with repeated of them functions inherent to the since of work or functions assigned.
(i) the use of the powers that have attributed to influence in processes electoral of any nature and scope.
(j) the breach serious of those decisions judicial whose execution have assigned.
(k) the disobedience serious or repeated to them orders or instructions verbal or written of a upper issued by this in the exercise of their powers, referred to functions or tasks own of the since of work of the interested, except that are manifestly illegal.
(l) the use of the condition of legal of the administration of Justice for the obtaining of a benefit abuse for itself or for a third.
(m) the realization of activities declared incompatible by law.
(n) the failure of the duty of abstention, to knowing of that attends any of them causes legally provided for.
(o) acts which impede the exercise of fundamental rights, civil liberties and trade union rights.
(p) the breach of the duty of care the services essential in case of strike.
(q) the sexual harassment.
(r) the serious assault any person which are related in the exercise of their functions.
(s) the arbitrary use of authority that causes serious prejudice to subordinates or the service.
(t) the actions and omissions which have resulted in judgment to a declaration of civil liability incurred in the exercise of the function by malice or gross negligence.
(u) the Commission of a lack serious when has been previously sanctioned by other two serious that have acquired firmness, without have been cancelled or proceeded it cancellation of the annotations corresponding.
2 are considered serious faults: a) the disobedience of express orders or instructions from a superior, issued by him in the exercise of its powers, refer to functions or tasks of the job of the person concerned, unless they are manifestly illegal.
(b) failure to comply with judicial decisions whose implementation has been entrusted them, when it is not very serious.
(c) the arbitrariness in the use of authority in the exercise of their functions when not constitute failure very serious.
(d) the negligence in the custody of documents, as well as improper use thereof or information known by reason of the office, when such conduct does not constitute lack of very serious.
(e) the third missing unjustified of assistance in a period of three months.
(f) the negligence, the neglect or unjustified delay in the fulfillment of the inherent to the job functions or functions assigned when it is not missing very serious.
(g) the exercise of any activity susceptible of compatibility, according to it willing in it law 53 / 1984, of 26 of December, on incompatibilities of the personal to the service of the administrations public, without obtain the relevant authorization or having it retrieved with lack of veracity in them budgets alleged.
(h) the lack of consideration of major superiors, peers or subordinates, as well as professionals or citizens.
(i) cause damage serious in those documents or material of work, as well as in them local destined to the provision of the service.
(j) the improper use of the resources and materials used in the performance of their duties and failure to comply with the instructions for use, as well as the improper use of the access codes to computer systems.
(k) the actions or omissions aimed to circumvent schedule control systems or to prevent that they are detected unjustified breaches of the working day.
(l) fail to promote the demand of disciplinary responsibility that appropriate staff that integrates your office, when they know or should know the breach serious by them of the duties which they are entitled.
(m) hinder the workings of inspection.
(n) promote abstention clearly unjustified.
(o) the repeated non-compliance with hours of work without just cause.
(p) the Commission of a lack of a mild nature, having been previously sanctioned by firm resolution by other two minor, unless they had been cancelled or been the cancellation of the corresponding annotations.
3 are considered to be minor misconduct: a) the lack of consideration with superiors, peers or subordinates, as well as professionals or citizens, when it does not constitute a more serious offense.
(b) the breach of the duties of his office or post job or negligence in their performance, whenever such behaviors do not constitute a more serious offense.
(c) the neglect or delay unjustified in the fulfillment of its functions, when not constitute lack more serious.
(d) the Unexcused absence for a day.
(e) non-compliance with working hours without just cause when it is not serious."
Seventy-eight. Added a new article 468 ter, which is worded as follows: «article 468 ter.
1 in the imposition of sanctions by the competent bodies must be observed the due adaptation or proportionality between the seriousness of the fact constitutive of the infringement and the sanction applied, especially considering the following criteria for the graduation of the sanction to be applied: to) intentionality.
(b) the injury caused to the administration or to the citizens.
(c) degree of participation in the Commission of the lack.
(d) reiteration or repetition.»
Seventy-nine. Added a new article 468 quater, which is worded as follows: «article 468 quater.
1 the sanctions that can be imposed to the lawyers of the administration of justice by the faults committed in the exercise of his office are: to) warning.
(b) a fine of up to 3,000 euros.
(c) suspension of employment and salary.
(d) forcible transfer out of the municipality of destination.
(e) separation from service.
(f) termination of employment.
2. the sanctions provided for in the letters c)) and (d) above may be imposed for the Commission of serious and very serious faults, graduating its duration depending on the circumstances that occur concurrently in the made subject to sanction.
Separation of service sanction may be imposed only for very serious misconduct.
The suspension of functions imposed by the Commission of a missing very serious not may be superior to three years or lower to a year. If it imposes by lack serious, not exceed of a year.
Them lawyers of the administration of Justice to which is punish with transfer forced not may obtain new destination in the municipality of origin during three years, when had been imposed by missing very serious, and during one, when had corresponded to the Commission of a lack serious.
The sanction of cessation in the since of work only will be applicable to the lawyers of the administration of Justice alternate by Commission of failures serious or very serious.
The sanction of fine only can impose is by the Commission's failures serious.
«The sanction of warning only can impose is by the Commission of faults minor.»
Eighty. Paragraph 2 shall be deleted and amending paragraph 3 of article 469 passing to become paragraph 2 and is drawn up as follows: «(2. Para la imposición de las sanciones serán competentes: a) the Secretary General on the administration of Justice, the Government Secretary and Coordinator Provincial Secretary for the admonitory sanction on those who rely of them.»
b) the General Secretary of the administration of Justice, to the penalty of fine.
(c) the Minister of Justice, for the sanction of suspension, forced relocation, separation of the service and cessation in the workplace.»
Eighty-one. Adds a new article 469 bis, which is worded as follows: «article 469 bis.»
1 very serious fault shall be extinguished after two years, the major a year and the minor at six months.
2. the period of limitation will start counting from the lack has been committed.
In cases where a very fact give rise to the opening of criminal proceedings and disciplinary proceedings, disciplinary lack prescription periods shall commence not calculated but since the conclusion of the criminal case.
3. the term of prescription is interrupted at the time of notification of the agreement of initiation of the record disciplinary, returning to compute is the term if the procedure remained paralyzed during more than two months by causes not attributable to the prosecuted.
4. the sanctions imposed by fouls very serious will prescribe to them two years; them imposed by faults serious to the year, and those imposed by fouls mild to them six months. «He term of prescription will begin to compute is from the day next to that in that purchase firmness the resolution in that is imposed the sanction.»
Eighty and two. Amending paragraph 1 of the article 470, which is worded as follows: "1. this book aims to the determination of the legal status, in accordance with the provisions of article 122 of the Spanish Constitution, officials who make up the bodies of forensic doctors, physicians of the National Institute of Toxicology and forensic science, procedural and administrative management» Technical specialists from the National Institute of Toxicology and forensic sciences, litigation and administrative proceedings, Judicial assistance and laboratory assistants of the National Institute of Toxicology and forensic sciences.»
Eighty-three. The third paragraph of subparagraph (b) is modified) of article 475, which is worded as follows: «the body of medical examiners. For access to the body of medical examiners are required be in possession of the official titles of Bachelor or graduate in medicine and forensic medicine specialist.»
Eighty-four. Amending article 476, which is worded as follows: «article 476.
1 corresponds to the body of procedural management and administrative work in the procedural activity of upper level, as well as the realization of procedural tasks.
(With character general and low the principle of hierarchy, and without prejudice of them functions concrete of the since of work that play, you corresponds: to) manage the processing of them procedures, of which will give has to the lawyer of the administration of Justice, in particular when certain aspects require an interpretation of law or of rules procedural, without prejudice of report to the holder of the organ judicial when out required for this.
(b) practice and signing appearances making the parts concerning the procedures that are followed in the judicial organ, on which will have capacity for certification.
(c) document embargoes, releases and other acts whose nature requires it, with character and representation that attributed the laws, unless the lawyer in the administration of Justice needed their intervention, boasting such acts consideration of agent's authority.
(d) extend the notes relating to join the procedure data or materials that do not constitute proof in it, in order to ensure its proper evidence and subsequent processing, realizing that, for this purpose, to higher authority, as well as make notes, which may have a reference summary of the cars and the formality examination to relate.
(e) the tasks of registration, reception and distribution of writings and documents, concerning matters that were pending in courts and tribunals.
f) issuing, with knowledge of the lawyer in the administration of Justice, and at the expense of the applicant, copies of writings and documents contained in cars not declared secret or reserved.
(g) work, in accordance with job relations, headquarters are structured units of direct support and common services, procedural, in which, without prejudice to perform functions assigned to the specific post, manage the distribution of the tasks of the staff, responding in the same development.
(h) cooperate with the competent bodies in the field of administrative management, performing functions relating to the management of the personnel and material resources of the unit of the judicial office in provision of services, provided that those functions expressly referred to in the description that the relationship of jobs carried out in job.
(i) perform the Secretariat of the judicial office of groupings of Secretaries of courts of peace, of peace courts of more than 7,000 people and courts of peace of less than 7,000 people in which the workload justifies their establishment, as well as the remaining jobs cited destination centers attached to the body of procedural management and administrative all in accordance with what is determined in the respective relations of jobs, as well as carry out positions of administrative units, when jobs cited units relations established as well, provided that the requirements of knowledge and preparation to meet its performance.
(j) to perform many functions can take in order to protect and support the victims as well as support to actions of restorative justice and unofficial solution.
(k) to perform all functions according to the rules established legal or and any other functions similar to the above, inherent to the job which perform, are assigned by the superior hierarchical, organic, or functional, in the exercise of its powers.
2. the officials of the body of procedural and administrative management may be appointed lawyers in the administration of Justice substitute, provided that meet the requirements of certification and others demanded, and in accordance with the procedure and with retribution according to the rules established.»
Eighty-five. ((Is modifies the letter g) and is introduces a new letter h) in the Article 477, that are worded as follows: «(g) few functions can assume in order to the protection and support to them victims, as well as of support to performances of Justice restorative and of solution unofficial.»
(h) carrying out all functions that legal or established by regulation and any other functions similar to the above, inherent to the job which perform, are assigned by the superior hierarchical, organic, or functional, in the exercise of its powers."
Eighty-six. It modifies the article 479, that is drafted as follows: «Article 479.»
1. the institutes of Legal Medicine and forensic sciences are technical bodies attached to the Ministry of Justice, or in his case those autonomous communities with competence in the matter, whose main mission is auxiliary to the administration of Justice in the field of scientific and technical discipline.
2. There is an Institute of medicine Legal and science forensic in each city where has its headquarters official a court top of Justice.
However, the Government, on the proposal of the Ministry of Justice, upon request, where applicable, of an autonomous community with competence in the matter, may authorize that this seat is the administrative capital of the autonomous community concerned, when it is different from the from the High Court of Justice.
Also, the Government may authorize, upon request, where appropriate, an autonomous community with competence in the matter, the establishment of institutes of Legal Medicine and forensic sciences in the remaining cities of the territorial scope of the High Court concerned, with the scope to be determined.
Based in Madrid there is an Institute of Legal Medicine and forensic sciences which will provide service to the various organs of State jurisdiction.
3. by Royal Decree, on a proposal from the Minister of Justice and following a report of the General Council of the judiciary and of the autonomous communities that have received transfers of resources for the functioning of the administration of Justice, the General rules of organization and functioning of the institutes of Legal Medicine and forensic sciences and action of the coroners and the rest of the staff officer will be determined or work assigned to them and may the Ministry of Justice or the competent body of the autonomous community dictate, in the field of their respective competencies, the relevant provisions for its development and implementation. In any case the institutes of Legal Medicine and forensic sciences will have units of comprehensive forensic assessment, which psychologists and social workers who are determined to secure may be part, among other functions, the specialized assistance to victims of gender-based violence and the design of protocols of action global and comprehensive in cases of gender-based violence. Likewise within the institutes may integrate the rest of psychosocial teams providing services to the administration of Justice, including the technical equipment of minors, whose staff will have specialized training in family, minors, persons with disabilities and gender and domestic violence. Their training will be oriented from the perspective of equality between men and women.
4. forensic doctors are career officials who are a national Corps of graduates higher than the service of the administration of Justice.
(5. are functions of them medical forensic: to) the assistance technical to judged, courts and prosecutors in the materials of his discipline professional, issuing reports and opinions in the frame of the process judicial or in them performances of research criminal that those request.
(b) assistance or optional monitoring of detainees, injured or sick, that they may be under the jurisdiction of courts, courts and prosecutors ' offices, in the cases and in the manner determined laws.
(c) the issuance of reports and opinions at the request of the Registrar, in the cases and conditions that determine its specific legislation.
(d) the issuance of reports and opinions, at the request of individuals under conditions to be determined by regulation.
(e) carrying out functions of teaching, expert or research, for reasons of general interest, in accordance with instructions established the Ministry of Justice or the autonomous community with competence in matters of Justice, within the framework of possible agreements or arrangements.
(f) carrying out functions of research and collaboration arising from its own function, in the terms provided for by law.
6. in the course of the proceedings or investigation of any nature brought by the public prosecutor's Office, the staff at the institutes of Legal Medicine and forensic sciences will be at the orders of judges and prosecutors, exercising their functions with full independence and under strictly scientific criteria.
7. the Coroners will be allocated in an Institute of Legal Medicine and forensic sciences or the National Institute of forensic science and toxicology. Also, in the institutes of Legal Medicine and forensic sciences will be devoted personal official determined in job relations. Also psychologists, social workers and other labor personnel to be determined may serve in the cited institutes.»
Eighty-seven. Amending article 480, which is worded as follows: «article 480.
1. the Institute national of Toxicology and Sciences forensic is an organ technical affiliated to the Ministry of Justice, whose mission main is auxiliary to the administration of Justice and contribute to the unit of criteria scientific, to the quality of the expertise analytical and to the development of them science forensic. (Also, will develop the following functions: to) issue the reports and opinions that request them authorities judicial and the Ministry tax.
(b) practice tests and toxicological investigations are ordered by judicial authorities, the Government, the public prosecutor and forensic physicians in the course of judicial proceedings or pre-trial of research carried out by the public prosecutor.
(c) also perform analysis or research interested bodies or public companies on issues relating to the general interest, in the cases which provide for according to instructions from the Ministry of Justice or under the terms of the agreements or arrangements made for the purpose.
(d) conduct reports, analysis and investigations requested by private individuals in the course of judicial proceedings, or even outside, in conditions to be determined.
(e) to disseminate knowledge on toxicological matters, contribute to the prevention of poisonings and attend many queries are formulated on the same.
(f) to act as reference centre on matters of its activity in relation to the institutes of Legal Medicine, as well as with other national and foreign agencies.
(g) carry out studies of Toxicology and forensic science, under conditions to be determined by regulation.
(h) they can collaborate with universities and health institutions and national and international organizations on all matters that contribute to the development of Toxicology and forensic science, in accordance with the instructions of the Ministry of Justice or the or made agreements to the effect.
2. the Organization and supervision of the National Institute of forensic science and toxicology, corresponds to the Ministry of Justice. Has its headquarters in Madrid and its scope of action is extends to all the territory national.
Its organizational structure is determined by Royal Decree.
In the same shall serve officials of special bodies referred to in the following paragraphs of this article. In addition, officials of the remaining bodies at the service of the administration of Justice, as well as other administrations, under the conditions and requirements established in the corresponding relations of jobs, as well as, where appropriate, professionals or experts who are necessary for the performance of its functions or other personnel for activities specific to trades or instrumental nature may provide services hired labour regime.
3. the National Institute of Toxicology and forensic science practitioners are career officials who are a national Corps of graduates higher than the service of the administration of Justice. According to the technical and scientific activity of the Institute, within the aforementioned body specialties may be established.
Are functions of the body of optional of the Institute national of Toxicology and Sciences forensic it assistance technical in the materials of their disciplines professional to authorities judicial, governmental, to the Ministry Fiscal and to them medical forensic, in the course of them performances judicial or in them proceedings previous of research. For that purpose they carry out analyses and research that they are requested, issued opinions and relevant reports and will evacuate the queries that are raised them by these authorities, as well as by private individuals in the course of judicial proceedings and bodies or public companies that affect the general interest, and will contribute to the prevention of poisoning.
Will lend their services in the Institute national of Toxicology and Sciences forensic, as well as in the institutes of medicine Legal and Sciences forensic, in them alleged and conditions that is determined in them corresponding relations of posts of work.
4. the technical specialists from the National Institute of forensic science and Toxicology are career officials who are a national Corps of assistance specialized in the service of the administration of Justice.
Are functions of the body of technical specialists of the Institute national of Toxicology and Sciences forensic those of relief technical specialized in the activities scientific and of research own of the Institute national of Toxicology and Sciences forensic.
They shall render their services at the National Institute of forensic science and toxicology, as well as the institutes of Legal Medicine and forensic sciences, in the cases and conditions to be determined in the corresponding relations of jobs.
5. them assistants of laboratory of the Institute national of Toxicology and Sciences forensic are officials of career that constitute a body national to the service of the administration of Justice, for the realization of functions of support own of its training, in them activities scientific and of research of this Institute, as well as of them institutes of medicine Legal and science forensic in the form and with the requirements and conditions established in the relationships of jobs in these agencies.
6. the officers of the special bodies of the National Institute of forensic science and Toxicology will depend on hierarchically the Director of this Institute or, where appropriate, the Director of the Institute of Legal Medicine and forensic sciences in which provide services.»
Eighty-eight. Add a new paragraph 5 to article 481, which is drawn up as follows: «(5. Los funcionarios de carrera de la Administración de Justicia figurarán en el escalafón por orden de ingreso en el Cuerpo con mención de, ael menos, los siguientes datos: a) identity.»
(b) name and surname.
(c) length of service in the body."
Eighty-nine. Is modifies the paragraph 5 of the article 482, that is drafted as follows: «5. in them offers of employment public is will reserve a fit not lower to the seven percent of them vacant for be covered between people with disability, considered as such them defined in the paragraph 2 of the article 4 of the Royal Decree legislative 1 / 2013, of 29 of November» which approves the text revised of the Act General of rights of persons with disabilities and their Social Inclusion, provided that exceed the targeted testing and proving the degree of disability and support for the performance of functions and tasks in the form determined by law.»
Ninety. Amending paragraph 1 of article 485, which is worded as follows: ' 1. the selection process may include the preparation of a course or a period of practices that may have selectivity.»
The qualification awarded will serve to set the order of precedence. However, if they have selectivity, applicants who do not exceed it may repeat in the following, which will be incorporated with the new promotion. If they neither exceeds this course they will lose the right to his appointment as career.»
Ninety-one. Paragraph 2 is modified and added a new paragraph 6 to article 490, which are written as follows: "2. in addition to the squares that are included for the incorporation new staff in the supply of public employment in accordance with the provisions of article 482, the Ministry of Justice shall convene annually processes of internal promotion for coverage of a number of seats equal to thirty per cent of the vacancies that» , for each body, are the subject of the offer of public employment.
With independence as provided in the preceding paragraph, the Ministry of Justice, with extraordinary character and prior authorization from the Ministry of finance and public administration, it may be called specific internal promotion processes when advisable due to circumstances in the administration of Justice.
«In both cases, the squares convened by the shift of promotion internal that not are covered, not may in any case enhancing to them convened by shift free or incorporate is to the offer of employment public.»
«6. the officials of the body of technical specialists of the Institute national of Toxicology and Sciences forensic may access through promotion internal to the body of optional of the Institute national of Toxicology and Sciences forensic, whenever meet them requirements for this.»
Ninety and two. Amending paragraph 1 of article 495, which is drawn up as follows: «(1. Los funcionarios de carrera tienen los siguientes derechos profesionales: a) the maintenance of their civil service status, the effective performance of tasks or functions of your body and not be removed from work to play but in the cases and conditions established legally. "
(b) to receive remuneration and allowances by reason of service set out in the regulations).
(c) to the professional career, through the mechanisms of professional promotion established in agreement with the principles of equality, merit and capacity and advertising.
d) to receive from the administration required, initial and further training, in order to improve their professional skills in a way that allows them to better and more speedy adaptation to their jobs and enables them their professional promotion.
In order to ensure the homogeneity and the formative actions established by the different competent public administrations in the field of personnel management do not represent obstacles in the promotion and mobility of staff in the service of the administration of Justice in the territory of the State, measures of coordination and approval of continuous training.
(e) to be informed by their bosses or superiors of tasks or committed to play and to participate in the achievement of the objectives attributed to the unit where to provide their services.
(f) to the respect of their privacy and to the consideration due to their dignity, understood the protection facing offenses verbal or physical of nature sexual.
(g) to the non-discrimination by reason 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.
(h) to holiday, permissions and licenses.
(i) to receive protection in the field of health and safety at work, for which the competent administrations shall take those measures which are necessary for the effective implementation of the legislation on the prevention of health and safety, proceeding to the initial risk assessment and the establishment of emergency plans, as well as to the creation of a Central Committee of health and safety and prevention services.
(j) to retirement.
(k) to a Social security scheme, which will be integrated by the General regime of the Social security or the regime of passive classes of the State, according to the date in which have acquired such a condition, and the Judicial mutualism, regulated by Royal Decree 3/2000 of 23 June for career officers and officials in practice , and provisions of development.
(l) to the rights provided for in article 444.2 of this law.»
Ninety-three. (Is modifies the letter l) of the article 497, that is worded as follows: «(l) treat with correction and consideration to them superior hierarchical, companions and subordinate, as well as to lawyers, attorneys and graduates social.»
Ninety-four. (Is modifies it letter b) of the paragraph 3 of the article 498, that is worded as follows: «(b) by what is refers to bodies General: 1 the exercise of it advocacy, Attorney, or of it profession of graduated Social and jobs to the service of lawyers, attorneys and graduates social or any other profession that enable for Act before judged and courts.»
2nd performance of all kinds of legal advice, is paid or not.
3rd the condition of agents of insurance and it of employee of the same or of a company of safe.
4th the performance of officials of managers, directors or consultants that pursue profit.
5 the performance of administrative management services, whether as holder or as an employee of such offices.
«6 the exercise of functions expert private before those courts and judged.»
Ninety-five. Amending the paragraph 4 of the article 500, which is worded as follows: "4. the distribution of the day and the fixing of timetables will be determined through the working calendar which, on an annual basis, be it approved by the competent body of the Ministry of Justice and of the autonomous communities with powers assumed in their respective fields, following a report of the General Council of the Judicial power and negotiation with the trade union organizations.» He calendar labor is determined depending on the number of hours yearly of work effective. Time flexibilities to the input and output of work, guaranteeing in any case a number of hours of required continuing concurrence may be established.
«Those schedules that is established must respect in all case the schema of hearing public.»
Ninety-six. Amending paragraph 1 of article 502, which is worded as follows: ' 1. officials shall be entitled to enjoy, during each calendar year, a vacation paid in the same conditions as those provided to the officials of the General Administration of the State in their legislation. "
Ninety-seven. Amending the second and last of paragraph 5 of article 504, paragraphs that are written as follows: "without prejudice to the obligation to report, in the form that statutorily is determined, the impossibility of attendance at work due to illness during the working hours of the day in which this occurs, officials shall request from the competent authority license sickness on the fourth consecutive day since the absence in the post of» labour."
«The absence to the work by cause of disease or accident that not give place to a situation of disability temporary, behave it application of the discount in payroll in them terms and conditions that is established by the normative specific that to the effect is issued.»
Ninety-eight. Is modifies the paragraph third from the paragraph 3 of the article 509, that is drafted as follows: «the time of permanence in this situation will be computable for the purposes of triennia, career and rights in the regime of Security Social that is of application.» The played position will be reserved at least two years. After this period, the reservation will be to a position in the same locality and of equal pay. Employees in this situation may participate in training courses which convene the administration.»
Ninety-nine. The letter A is modified) of paragraph 3 of article 521, which is worded as follows: «A) Center Manager. Target Center.
For the purposes of the management of jobs and of its occupation by the staff officer, shall be regarded as productivity centers the competent bodies of the Ministry of Justice or the competent body of the autonomous communities for the management of the staff, who shall be responsible for the formulation of the list of jobs in their respective territorial areas.
Is understood by Centre of destination: each one of the services common procedural.
The set of units procedural of support direct to organs judicial that is situated in the same municipality.
He record Civil Central and those records civil only of each town, where them had.
Each an of them prosecutors or secondments of prosecutors.
In the institutes of medicine Legal, those that their standard of creation set as such.
In the Institute national de toxicology and Sciences forensic, those that their standard of creation set as such.
The Mutualidad General Judicial.
Each Office judicial of support direct to courts of peace of more than 7,000 inhabitants or of less than 7,000 inhabitants, gifted of template civil service because of its load of work.
The technical Office of the Supreme Court.
The secretariats of Government.»
One hundred. The paragraph is changed first paragraph 2 of the article 527, which is worded as follows: «Exceptionally can be covered temporarily replacing the jobs that are vacant or when the owner is absent.»
Cent one. Added a new paragraph 5 to article 531, which is worded as follows: «5. exceptionally, may be called in advance sufficient transfers contests without as a result to the judicial organs of new creation in order that its entry into operation are equipped with staff.»
Two hundred. Amending Article 536, which is worded as follows: «Article 536.
Faults may be minor, serious and very serious.
(to) is considered fouls very serious: 1. the breach of the duty of fidelity to the Constitution on the exercise of the function public.
2. all action that involves discrimination by reason of sex, race, religion, language, opinion, place of birth or neighbourhood or any other condition or circumstance personal or social.
3. the abandonment of the service.
4. the emission of reports or adoption of agreements or resolutions manifestly illegal, when is cause damage serious to the interest public or injured rights fundamental of them citizens.
5. the use improper of the documentation or information to have or have had access by reason of its cargo or function.
6. the negligence in the custody of documents that give place to their dissemination or knowledge undue.
7. the failure to comply with repeated of them functions inherent to the since of work or functions assigned.
8. the use of the powers that have attributed, for influence in processes electoral of any nature and scope.
9. the gross breach of judicial decisions which have mandated.
10. the serious or repeated disobedience to orders or verbal or written instructions of a superior issued by it in the exercise of its powers, referring to functions or tasks of the job of the person concerned, unless they are manifestly illegal.
11. the use of the condition of official to obtain an improper benefit for himself or for a third party.
12. the realization of declared incompatible activities by law.
13. the failure to comply with the duty of abstention, knowing that any of the legally foreseen causes there.
14. acts which impede the exercise of fundamental rights, civil liberties and trade union rights.
15. the failure to meet the essential services in the event of a strike.
16. the sexual harassment.
17. the serious assault any person which are related in the exercise of their functions.
18. the arbitrary use of authority that causes serious prejudice to subordinates or the service.
19. the actions and omissions which have resulted in judgment to a declaration of civil liability incurred in the exercise of the function by malice or gross negligence.
20. the Commission of a serious when any previously been sanctioned by other serious two that have acquired firmness, unless they have been canceled or been the cancellation of the corresponding annotations.
(b) are considered serious faults: 1. disobedience express orders or instructions from a superior, issued by him in the exercise of its powers, refer to functions or tasks of the job of the person concerned, unless they are manifestly illegal.
2 non-compliance with judicial decisions whose implementation has been entrusted them, when it is not very serious.
3. the abuse of authority in the exercise of their functions when it is not very serious.
4. the negligence in the custody of documents, as well as the use undue of them themselves or of the information that know by reason of the charge, when such behaviors not constitute lack very serious.
5. the third Unexcused absence of assistance over a period of three months.
6. the negligence or delay unjustified in the compliance of the functions inherent to the since of work or functions assigned when not constitute a notorious breach of them same.
7. the exercise of any activity that can support, as provided in law 53/1984, of 26 December, on incompatibilities of personnel at the service of the public administrations, without obtaining the relevant authorization or having obtained with lack of veracity in alleged budgets.
8. the lack of consideration of major superiors, peers or subordinates, as well as professionals or citizens.
9. cause damage serious in those documents or material of work, as well as in them local destined to the provision of the service.
10. improper use of the resources and materials used in the performance of their duties and failure to comply with the instructions for use, as well as the improper use of the access codes to computer systems.
11. the acts or omissions aimed to circumvent schedule control systems or to prevent that they are detected unjustified breaches of the working day.
12. leave of promote the requirement of it responsibility disciplinary that proceed to the personal that integrate your office, when knew or should know the breach serious by them themselves of them duties that them correspond.
13 hamper the work of inspection.
14. promote its abstention's way clearly unjustified.
15. the repeated non-compliance with hours of work without just cause.
16. the Commission of a lack of character mild having been sanctioned previously by resolution firm by other two mild, without had been cancelled or proceeded the cancellation of the corresponding annotations.
(c) are considered to be minor misconduct: 1. lack of consideration with superiors, peers or subordinates, as well as professionals or citizens, when it does not constitute a more serious offense.
2. the breach of them duties own of its cargo or since of work or the negligence in its performance, whenever such behaviors not constitute violation more serious.
3. the unjustified delay in the performance of their duties, when it is not missing more serious.
4. the absence unjustified by a day.
5. the non-compliance with working hours without just cause when it is not missing serious.»
Cent three. The paragraph is first modified article 538, which is worded as follows: warning «(Las sanciones que se pueden imponer a los funcionarios por las faltas cometidas en el ejercicio de su cargo son: a).»
(b) suspension of employment and salary.
(c) forced relocation outside the municipality of destination.
(d) separation from service.
(e) termination of employment.
((Them sanctions of them paragraphs b) and c) may impose is by the Commission of faults serious and very serious, graduating is its duration depending on the circumstances that converge in the made object of sanction.
Separation of service sanction may be imposed only for very serious misconduct.
Suspension of duties imposed by the Commission of a very serious may not be less than one year nor more than three years. If imposed for serious misconduct, it shall not exceed one year.
Officials to punish with forcible transfer not may obtain new destination in the municipality of origin for three years, when had been imposed for very serious misconduct, and during one, when it would have corresponded to the Commission of a serious offence.
The sanction of cessation at the workplace, is only applicable to interim officials for Commission of serious or very serious faults.
The minor misconduct only may be corrected with a warning."
Four hundred. Amending the heading of title II of Book VII, which is worded as follows: 'TITLE II of lawyers, attorneys and social graduates' five hundred. Amending Articles 544, which is worded as follows: «article 544.
1. the lawyers, attorneys and graduate social, before start your exercise professional, will lend oath or promise of compliance to the Constitution and to the rest of the ordering legal.
«2. the licensing of them lawyers, attorneys and graduates social will be compulsory for Act before them tried and courts in them terms expected in this law and by the legislation general on schools professional, unless Act to the service of them administrations public or entities public by reason of dependency civil service or labor.»
Cent six. It modifies the article 545, that is drafted as follows: «article 545.»
1. unless the law available another thing, them parties may designate freely to their representatives and defenders between them attorneys and lawyers that meet them requirements required by the laws.
2. in working procedures and Social security technical representation may be held by a Social graduate, he shall apply the obligations inherent in their function, in accordance with its professional legal system, in this title and in particular in articles 187, 542.3 and 546.
3 they shall appoint ex officio, pursuant to what in law is established, ask who or refuses to name them, their intervention being mandatory. Defense or representation of trade shall be free for those who prove insufficiency of resources to litigate in the terms that establishes the law.»
Seven hundred. Amending paragraphs 1 and 2 of article 546, which are written as follows: ' 1. is the duty of public authorities ensure the defence and lawyer assistance or technical graduate Social representation in the terms established in the Constitution and the laws. "
2 lawyers, attorneys, and social graduates are subject in the exercise of his profession to civil, criminal and disciplinary liability, as appropriate.»
Hundred eight. Is modifies the paragraph 1 of the article 551, that is drafted as follows: «1. the representation and defense of the State and of their agencies autonomous, as well as the representation and defense of them organs constitutional whose standards internal not establish a regime special own, will correspond to them lawyers of the State integrated in the service legal of the State.» Them lawyers of the State may represent and defend to them remaining agencies and entities public, societies commercial State and foundations with participation State, in the terms contained in the Law 52 / 1997, of 27 of November, of assistance legal to the State e institutions public and provisions of development.
The representation and defense of the managing bodies, common services and other bodies or entities of a public nature, which according to the law integrated the Social Security Administration, excluding, therefore, of the mutual collaborators of Social Security, will be up to the lawyers in the administration of the Security Social, integrated in the legal service of the administration of the Social Security «, notwithstanding that, in agreement with what is determined by regulation, such functions could be entrusted to specially designated college lawyer to effect.»
Nine hundred. Paragraphs 2 and 3 of article 561 are modified and included a new paragraph 4, with the following wording: "2. the Council General of the judiciary will issue its report in the non-extendable term of thirty days.» If the order of remission followed noted the urgency of the report, the period shall be fifteen days. Exceptionally the sender body may grant the extension of time according to the circumstances of the case. The duration of the extension shall be fifteen days, except in cases in which the remission order has become noted the urgency of the report, in which case it will be ten days.
3. when not had been issued report in them deadlines provided in the paragraph above, is will have by fulfilled said pending.
«4. the Government shall forward said report to the cuts General for treat is of drafts of law.»
Hundred ten. It adds a new paragraph 6 to the article 567, that is drafted as follows:
«6. the computation of time limits in the procedures of appointment of members of the Council General of the power Judicial and election of the President of the Supreme Court and the General Council of the judiciary, as well as the Vice-President of the Supreme Court, will be held for days when the term is designated for days, beginning to compute the next day, and to date when set in months or years. When there were in the month of expiration day equivalent to the initial computation of means that period expires last month.»
Eleven percent. Is modifies the paragraph 1 of the article 577, that is drafted as follows: «1. against the proclamation final of candidacies will fit filed resource contentious in the term of two days from the publication of the agreement.» The very act of interposition must occur in allegations which may be relevant, accompanied by the appropriate elements of proof.»
Cent twelve. Add a new paragraph 5 to article 579, worded as follows: "5. the President, the members and the Secretary General of the Council General of the to court are subject to the obligation to make a declaration of goods and rights and the control and management of financial assets which are holders in the terms laid down in articles 17 and 18 of law 3/2015» «, of 30 of March, regulatory of the exercise of the high charge of the Administration General of the State, with the adaptations that are precise to the Organization of the Council that is established in the regulation of organization and operation of the same.»
Thirteen hundred. Is modifies the paragraph 2 of the article 601, that is drafted as follows: «2. the Commission permanent will be composed by the President of the Court Supreme and of the Council General of the power Judicial, that it will preside, and others seven vocal: four of them appointed by the shift judicial and three of them designated by the shift of Jurists of recognized competition.» With the exception of the members of the disciplinary Commission, efforts are made, upon proposal of the President, the annual rotation of the rest of the members at the annual composition of the Standing Committee.»
Fourteen hundred. Is modify them paragraphs 2 and 3 of the article 609, that are written as follows: "2. the Commission of affairs economic will be integrated by three vocal.»
3. the Committee on Economic Affairs must act with the assistance of all its components."
% 15. Amending paragraphs 1 and 2 of article 610, which are written as follows: ' 1. the full of the Council General of the judiciary shall annually, elect from among its members, and in accordance with the principle of presence balanced between women and men, to members of the Committee on equality and appoint its Chairman among them,.»
2. the Equality Commission will be composed of three vocal.»
Sixteen hundred. Added a new first twenty additional provision, which is worded as follows: «twenty first additional provision. Judicial support in the instruction of complex cases.
In addition to the provisions of chapter IV bis of the title II of Book III of this law, within the exceptional measures of judicial support, the General Council of the judiciary may agree, for better instruction complex causes and previous proposal of its holder, the affiliation to one particular body of another or other judges or magistrates that no jurisdictional functions and under the direction of the owner of that , carried out exclusively workings of cooperation, assistance or advice. For identical end and equal conditions, may interest is the secondment of one or several lawyers of the administration of Justice.
For this purpose the Council General of the power Judicial will propose a program concrete of action specifying, in all case, its object, field of application, duration and the type of commissions with regard to the relief of functions. The approval of the same will require the authorization of the Ministry of Justice.
«In the case that is interested it secondment of lawyers of the administration of Justice, the Council General of the power Judicial will lead its request to the Ministry for the approval of them corresponding commissions.»
First additional provision. References in the standards of date earlier.
From the entry into force of this Act, all references that are contained in organic law 6/1985, of 1 July, the judiciary, as well as in other legislation, judicial secretaries, professional surrogate Secretaries, Institute of Legal Medicine and National Institute of Toxicology, to be understood made, respectively, to lawyers in the administration of Justice Lawyers of the administration of alternate justice, Institute of Legal Medicine and forensic sciences and National Institute of Toxicology and forensic science.
Provision additional second. Development of the ranks of the body of lawyers of the administration of Justice.
Within the period of six months from the entry into force of this law, the Ministry of justice must draw up the ladder of the body of lawyers of the administration of Justice.
Provision additional third. Evidence of expertise.
The General Council of the judiciary may be convened, in addition to those expressly provided for in this law, other tests of specialization among members of the judiciary in which being valued expertise within the various branches of the law. Overcoming shall be deemed to merit in competitions that are not resolved solely by criteria of antiquity. It is determined according to the rules the number, content and development of these tests, which may include the recognition and valuation of those made prior to the entry into force of this law. If this specialization are would lead to any increase in expenditure, it will be necessary favourable report from the competent administration to support that spending.
Fourth additional provision. Mandatory use of new technologies.
1. the use of the computer systems at the service of the administration of Justice will be mandatory for judges and magistrates.
2. the General Council of the judiciary, in the scope of its powers, may issue instructions must be complied with in order to ensure the appropriate use of material resources which administrations put at the disposition of courts for the performance of its functions.
3. not may demand is to citizens, professional or administrations that provide the documentation that les is required or of which intend to assert is in support paper, unless this is precise for determine the authenticity of your content or when legal or regulations is authorize of form Express.
Fifth additional provision. Pension in retirement.
To them judges, magistrates, lawyers fiscal, tax, lawyers of the administration of Justice, teaching University and recorders of the property, commercial and of goods furniture included in the regime of classes passive of the State that cause or that have caused pension of retirement starting from 1 of January of 2015 and that in the time of said made causing have , at least, with sixty and five years of age completed, les will be of application it established in the available additional twenty fifth of the law 36 / 2014, of 26 of December, of budgets General of the State for the year 2015.
In these cases will be recognized interested an additional percentage for each full year of effective services to the State between the date that marked the sixty-five years, and the causal event of the pension, the amount will be based on the years of service credited to the first of the dates indicated, according to the scale provided in the additional provision mentioned in the preceding paragraph.
Provision additional sixth. Extension of active service of prosecutors and lawyers in the administration of Justice.
The reference made in article 386 of the organic law 6/1985, of 1 July, the judiciary, the General Council of the judiciary must understand made to the Ministry of Justice when both prosecutors and lawyers in the administration of Justice requesting the extension of stay on active duty.
First transitional provision. Rules applicable to proceedings already initiated.
1. procedures that insiders are governed by rules of international jurisdiction in civil order prior to the entry into force of this law, will continue to progress in accordance with the rules governing the date of its opening.
2. the proceedings initiated prior to the entry into force of this law which previously were competence of the courts of instruction and pursuant thereto are competence of the courts of violence on women, will continue to progress in accordance with the rules governing the date of its opening.
3 procedures of direct civil responsibility of judges and magistrates that were pending at the time of entry into force of the law, will continue to be processed in accordance with the procedural and substantive standards at the time of its initiation.
Second transitional provision. Regime of the technical Office of the Supreme Court.
1. procedure for the appointment of the members of the Cabinet technical of the Court Supreme planned in this law is apply starting from the time of entry in force of the same.
2. them members of the template of the Cabinet technical of the Court Supreme will pass to the situation administrative that appropriate starting from the entry in force of this law.
3 squares of lawyers coordinators at the technical Office of the Supreme Court will be created by transformation of the existing seats of judges in this cabinet, to the entry into force of this law. Any modification of the template of lawyers coordinators must adjust is to the procedure provided in the first paragraph of the paragraph 5 of the article 61 bis of it law organic 6 / 1985, of 1 of July, of the power Judicial.
Who currently perform the functions of judge of the technical cabinet shall be regarded as legal Coordinator for the time for which they were appointed.
4. the technical Cabinet lawyers who do not belong to the judiciary are subject to the statutory regime of the lawyers in the administration of Justice, insofar as it is applicable, until the entry into force of the law that regulates the Basic Statute of the lawyers of the technical Cabinet of the Supreme Court.
Third transitional provision. Magistrates and tax Emeritus.
1.quienes the entry into force of this law were providing services as emeritus judges or emeritus judges of the Supreme Court, will continue providing its services as such for a period of two years from the entry into force of this law, while retaining his current remuneration regime. Despite the foregoing, in no event may remain in this situation met the seventy-five years.
The same regime shall be applicable to whom the entry into force of this Act provided eligible to be able to be appointed as emeritus judges or emeritus judges of the Supreme Court and thus had requested it.
2. the provisions of the preceding paragraph shall be applicable to prosecutors who are in the same situations in it described.
Available to transient fourth. Government Secretaries and Secretaries coordinators.
1. to the entry in force of this law them Secretaries of Government or coordinators named may compete to get square e incorporate is thus to the regime that sets the present law; absolute preference will be to do so in the first two competitions carried out which provided are places in its city of origin or your current target.
Once obtained plaza will apply them under the general scheme.
(2. to which not have concursado according to the paragraph previous les will be applicable the following regime transitional: to) which cesaren in his charge or not renovaren, will be attached, to his choice, to the Court or to the audience Provincial of it city of origin or of that in which cease.
(b) two years after the date of its termination or non-renewal, they can decide with preferred character to any place in any category that have consolidated that should provide by voluntary competition, thus putting an end to the situation of provisional attachment which is regulated in the previous section.
(c) of having not competed within such time limit as indicated, despite the offer of jobs in the city of assignment that has been included in these competitions, and once after the two years of secondment, shall be awarded them definitively the first vacant position in that city. The computation of them two years will begin to count from the first contest that is perform with later to your cessation or not renewal.
In successive competitions, have consolidated the first category, the time provided in this them is computed for the purpose of transfers as identified in the implementing rules or in the same calls.
3. them Secretaries of Government and coordinators that to the entry in force of this law were playing their second or later mandate, not may opt to the renewal for the same since.
Fifth transitional provision. Annual plans of substitutions and replacements.
Following the entry into force of this Act and as long as the following substitutions and replacements of lawyers in the administration of Justice annual plans are not approved, the Secretary of Government will ensure that replacements and appeals that were necessary to make conform to the criteria laid down in this law, as soon as possible.
Sixth transitional provision. Institutes of Legal Medicine.
In those communities autonomous or cities autonomous in which not are constituted them institutes of medicine Legal and science forensic, and until the time in that is constitute, the regulation of the article 479 is means applicable to the groups of forensias.
Seventh transitional provision. Delay of the requirement of specialty in medicine forensic for the access to the body of medical forensic.
Specialty in forensic medicine, required under article 475 of this Act to access the body from medical examiners, will not be required until so determined by the Ministry of Justice, once complete their training by the system of residence unless the first promotion of these specialists and the transitional path to this title developed for those who prove professional experience , as an officer of the body from medical examiners, not less than the duration of the official training program, according to the procedure regulated in the fifth transitional provision of Royal Decree 639/2014, 25 July.
Eighth transitory provision. Pension in retirement.
The recognitions from pensions, caused from 1 January 2015, in which the beneficiary meets the requirements laid down in the fifth additional provision of this law, will be revised ex officio to adapt them to the provisions of that provision, with effects economic from the first day of the month following the causal event.
Ninth transitional provision. Term of application for the extension of the stay in the service active.
The period of two months provided for in article 386 of the organic law 6/1985, of 1 July, of the judiciary, to request the prolongation of the stay on active duty will not be payable to those who retire between the date of entry into force of this law and on December 1, 2015.
First final provision. Modification of law 38/1988, of 28 December, demarcation and legal plant.
Law 38/1988, of 28 December, demarcation and Judicial plant, is hereby amended as follows: one. Amending paragraph 2 of article 8, which is worded as follows: ' 2. the sections of the provincial hearings that referred to in paragraph 5 of article 3 of this law, as well as criminal courts, administrative courts, Social courts, the juvenile courts, commercial courts and the courts of violence on women» with jurisdiction of extension territorial inferior or superior to the one of a province, are based in the capital of the party that is designated by the corresponding Autonomous Community law and take the name of the municipality in which it is located.'
Two. Amending article 23, which is worded as follows: «article 23.
The fees of the lawyers in the service of the technical Office of the Supreme Court shall be those corresponding to a lawyer in the administration of Justice room of the Court Supreme. However, the lawyers that develop work of coordination as envisaged in paragraph 4 of article 61 bis of the organic law 6/1985, of 1 July, the judiciary, and also belong to the judiciary, shall receive referred to in annex II.2 of the Act 15/2003 for the judges of the technical Cabinet of the Supreme Court.»
Three. Modifies the annex III, which is worded as follows: 'ANNEX III hearing National President audience national.
Criminal Division: 1 President room.
4 sections: Composed by 16 judges.
Chamber of appeal: 1 President room.
Chamber of administrative litigation: 1 President room.
8 sections: Composed by 39 judges.
Social room: 1 President room.
Total: 64 judges.
«4 judges from the Court Supreme, one of which with consideration of President of room.»
Available to finish second. Modification of the law organic 2 / 1989, of 13 of April, procedural military.
The law organic 2 / 1989, of 13 of April, procedural military, is modified in the following terms: one. It modifies the article 328, that is drafted as follows: «article 328.»
1. There will be place to the resource of review against sentences firm in the following cases: 1 when have been convicted two or more people under sentences contradictory by a same made that not has could be committed rather than by a single.
2nd when has been condemned some as responsible of the death of a person whose existence is credit after the date of the sentence conviction.
3rd when has been condemned a person in sentence whose Foundation outside: a document or testimony declared after false by sentence firm in cause criminal, the confession of the reo snatch with violence or coercion or any other made punishable executed by a third, whenever such ends are also declared by judgment firm in procedure followed to the effect. For these purposes may be made how many tests are considered necessary to clarify the controversial procedure, facts in anticipation of those that special circumstances could then hamper and even make impossible the judgment base revision.
4th when it has been called a person in the Court ruling and any of its members may be convicted of corruption committed in that sentence, or when the processing of the cause shall treacherously in resolution or pending essential notorious influence for the purposes of the judgment.
5 when about them own acts have relapsed two sentences firm and disparate dictated by the same or by different jurisdictions.
6 when after conviction and sentence handed down is know indubitadas evidence to demonstrate the error of judgment by ignorance of them.
2 also appeal against a judicial decision firm when the European Court of human rights has declared that this decision has been issued in violation of any of the rights recognized in the European Convention for the protection of human rights and fundamental freedoms and its protocols, may be lodged provided that the violation, by its nature and gravity , involves effects that persist and not to cesar of any other mode that not is through this review.
In these cases, review processes will be examined in accordance with the rules on this matter contained in the Criminal Procedure Act and it will not apply as provided for in the articles 329 to 333, 335 and 336. Is apply the rules on legitimization provided for in such law for that type of processes.
Similarly, the judgements handed down in these processes will have effects prevented for this case in the law of Criminal Procedure.»
Two. It modifies the article 336, that is drafted as follows: «article 336.»
«The review process shall take place, with citation of the convicts and applicants, in accordance with the rules on this matter contained in common law, a except as provided in the last two paragraphs of the article 328.2.»
Three. It modifies the article 504, that is drafted as follows: «article 504.»
1 firm judgements handed down in appeal contencioso-disciplinario military by the room of military of the Supreme Court, as well as the also strong cars, those referred to in article 478, dictated by the room, may be subject to judicial review in the following cases: to) if the operative sentence contains contradictions in their decisions.
(b) if the order had issued resolutions contrary each other regarding the same litigants or other different in identical situation, where in merit to facts, fundamentals and substantially the same claims you reach various pronouncements.
(c) If after pronunciation judgment recobraren decisive documents detained by force majeure or by work of the party in whose favour it has been given.
(d) if any relapsed it sentence by virtue of documents that to the time of dictate is that ignored an of them parts have been recognized and declared false or whose falsehood is recognized or declared then.
(e) If, having been taught the sentence under witness test, they were witnesses convicted of perjury in the constituent statements that.
(f) if the sentence had unfairly won under prevarication, bribery, violence or other fraudulent machination.
(g) if the sentence is any dictated with infringement of it willing in the article 490 or if in she not is resolve any of the issues raised in the demand and reply.
2 also appeal against a judicial decision firm when the European Court of human rights has declared that this decision has been issued in violation of any of the rights recognized in the European Convention for the protection of human rights and fundamental freedoms and its protocols, may be lodged provided that the violation, by its nature and gravity entail effects that persist and may not stop in any way which is not by this review.
3. in relation to legitimacy, terms and procedures regarding this resource, shall apply the provisions of the Civil procedure law.
Excluding the cases provided for in paragraphs a), b) and g) of this article, in which judicial review must be in the period of one month from notification of the firmness of the decision.
The appeal is to be lodged before the Supreme Court referred to in article 61 of the organic law of the Judicial power.»
Four. Amending article 505, which is worded as follows: «article 505.
Firm judgements handed down by the Court of Justice military Central or by the territorial military courts are may be brought against judicial review before the Division of the military of the Supreme Court at the same time and by the same procedures as those listed in paragraph 3 of the preceding article.
«((Este recurso podrá fundamentar_se en los mismos motivos que los relacionados en los apartados 1 y 2 deel artículo anterior, salvo los contemplados en las letras a), b) and g) of paragraph 1.»
Third final provision. Modification of law 29/1998, of 13 July, regulating the contentious jurisdiction.
Law 29/1998, of 13 July, regulating the contentious, is hereby amended as follows: one. Section 3 of chapter III of title IV, comprising articles 86 to 93, is worded in the following way, and articles 94 and 95 shall be deleted: 'section 3 appeals article 86.
1. judgements handed down by the courts of administrative litigation and the dictated in single instance or on appeal by the Board of the contentious-administrative of the High Court and in single instance through the rooms of the contentious-administrative of Justice superior court will be subject to appeal before the Chamber of administrative litigation in the Supreme Court.
In the case of them sentences dictated in only instance by them judged of it contentious, only will be susceptible of resource them sentences that contain doctrine that is is said to be seriously harmful to them interests General and are susceptible of extension of effects.
2. is except of it established in the paragraph above them sentences dictated in the procedure for the protection of the law fundamental of meeting and in them processes contencioso-electorales.
3. sentences which are susceptible of appeal, have been dictated by the contentious-administrative courts of Justice superior rooms only shall be appealable before the contentious-administrative of the High Court if the resource based on infringement of rules of State law or the European Union which is relevant and determining of the contested decision, provided that they had been properly invoked in the process or considered by the sentenciadora room.
When the resource fundare in violation of rules emanating from the autonomous community shall have jurisdiction a section of the court administrative section that has its headquarters in the High Court of Justice composed by the Chairman of such Board, who preside over it, by the President or Presidents of the other boards of contentious and, where appropriate, of the sections of the same , in no more than two, and by the judges of the aforementioned room or rooms that were required to complete a total of five members.
If the room or rooms contentious had more than one section, the room of Government of the Superior Court of Justice shall establish for each judicial year turn pursuant to which section Chairmen will occupy positions of the regulated in this section. Also it will establish among all the judges that provide service in the room or rooms.
4. the resolutions of the Court of accounts in matter of responsibility accounting will be susceptible of resource of Cassation in them cases established in his law of operation.
(1. also are susceptible of resource of Cassation them following cars dictated by it room of it contentious of it audience national and by them rooms of it contentious of them courts upper of Justice, with the same exception e equal limit willing in them paragraphs 2 and 3 of the article previous: to) which declared it inadmissible of the resource contentious or make impossible its continuation.
(b) those that put precautionary term piece separated from suspension or other measures.
(c) the relapsed in execution of judgment, which always resolve issues not decided, directly or indirectly, in one or that contradict the terms of the judgement that runs.
(d) the dictates in the case referred to in article 91.
(e) the dictates pursuant to articles 110 and 111.
2. so can prepare is the resource of Cassation in them cases expected in the paragraph above, is requirement necessary filed previously the resource of appeal.
Article 87 bis.
1. without prejudice of it willing in the article 93.3, the resource of Cassation before the room of it contentious-administrative of the Court Supreme is limited to the issues of right, with exclusion of them issues indeed.
2. the claims of the appeal must relate the cancellation, total or partial, of the sentence or contested auto and, where appropriate, the drop-off to the Court or the resolution of the dispute by the Chamber of administrative litigation in the Supreme Court within the terms in which the debate were raised.
3. the room of Government of the Court Supreme may determine, by agreement that is published in the "Bulletin official of the State", the extension maximum and others conditions extrinsic, included them relating to its presentation by media telematic, of them written of interposition and of opposition of them resources of Cassation.
1. the resource of Cassation may be admitted to pending when, invoked a concrete infringement of the ordering legal, both procedural as substantive, or of the jurisprudence, the room of it contentious-administrative of the Court Supreme deems that the resource presents interest casacional target for the training of jurisprudence.
2 the Court of Cassation will appreciate that there is objective casacional interest, motivating it expressly in the car's admission, when, among other circumstances, the resolution of which is disputed: to) set, with substantially the same issues, an interpretation of the rules of State law or the European Union in which is based the contradictory ruling with which other courts have been established.
(b) feel a doctrine on such standards that can be seriously harmful to the interests General.
(c) affect a large number of situations, either in itself or by transcending the case subject to the process.
(d) resolve a debate that has dealt with the constitutional validity of a rule of legal rank, unless the unfairness of the pertinent question of unconstitutionality appears sufficiently enlightened.
(e) interpret and apply apparently with error and as a foundation of its decision a doctrine constitutional.
(f) to interpret and apply the law of the European Union in apparent contradiction with the case-law of the Court of Justice or in cases that still may be required intervention to interlocutory title.
(g) resolve a process in that is challenged, directly or indirectly, a provision of character general.
(h) resolve a process in that the question was an agreement between public administrations.
(i) has been dictated in the procedure special of protection of rights fundamental.
3 be presumed interest casacional objective: to) when in the contested rules in which the reason for deciding on which there is no jurisprudence is based have been applied.
(b) when that resolution apart deliberately from the existing jurisprudence considered erroneous.
(c) when the sentence appealed declare void a provision of character general, unless this, with all evidence, lacks of significance enough.
(d) when resolve recourses against acts or provisions of regulators or monitoring or State agencies whose prosecution corresponds to the room of the contentious-administrative of the High Court.
(e) when resolve recourses against acts or provisions of Governments or Government Councils of the autonomous communities.
(((However, in them alleged referred in them lyrics to), d) and e) the resource may inadmitirse by auto motivated when the Court appreciate that the topic lacks manifestly of interest casacional target for the formation of jurisprudence.
1. the appeal will be prepared before the Chamber within the period of thirty days from the following the notification of the resolution that is used, being entitled to do so who have been part of the process, or should have been.
2 notice of preparation should, in separate sections that lead with the expressive caption that what about: to) prove the compliance with the requirements regulated in order to the term, the legitimacy and the recurribilidad of the resolution which is disputed.
(b) identify with precision rules or jurisprudence considered broken, justifying that were alleged in the process, or taken into consideration by the Chamber, or that it had due observe them even without being alleged.
(c) certify, if imputed violation of rules or jurisprudence relating to acts or procedural guarantees resulting helplessness, which was asked to rectify the fault or transgression in the instance, there had been procedural timing to do so.
(d) to justify that the imputed offences have been relevant and determining of the decision taken in resolution that is intended to appeal.
(e) justify, in the case that this would have been dictated by the Chamber of administrative litigation of a High Court of Justice, which allegedly infringed form the standard part of State law or the European Union.
(f) especially, substantiate with singular reference to the case, that concur any or some of them alleged that, with arrangement to them paragraphs 2 and 3 of the article previous, allow appreciate the interest casacional target and the convenience of a pronouncement of the room of it contentious-administrative of the Court Supreme.
3. If the written of preparation not is present in the term of thirty days, the sentence or auto will be firm, declaring it so the lawyer of the administration of justice by Decree. Against this decision only will fit the resource directly from review regulated in the article 102 bis of this law.
4 If, even presented in time, not fulfilled requirements imposed by paragraph 2 of this article, the Chamber, by reasoned order, shall be not prepared the appeal, denying the location of the parties and the remission of action at the Supreme Court. Against this car may only bring remedy of complaint, which shall be completed in the form established by the law on Civil procedure.
5. If met the requirements of paragraph 2, this room, by order which will motivate enough its concurrence, shall be prepared the appeal, ordering the site of parties for his appearance within the period of thirty days before the contentious-administrative of the high court room, as well as referral to this original cars and the administrative record and , if you understand it right, opinion succinctly and founded on the objective interest of the resource for the formation of jurisprudence, who join the profession of remission.
6. against the car that is prepared by an appeal, the contested part may not bring any resource, but may object to its admission at the time to appear before the Supreme Court, if you do so within the period of the site.
1 received the original cars and the administrative proceedings, the section of the Court of the contentious-administrative of the Supreme Court referred to in the following paragraph may agree, exceptionally and only if the characteristics of the subject make advisable it, hear the parties who by common within 30 days about whether the resource has objective casacional interest for the formation of jurisprudence.
2. the admission or rejection as inadmissible the appeal admissible shall be decided by a section of the Court of the contentious-administrative of the High Court by the President of the Chamber and composed of at least one judge from each of the remaining sections. With the exception of the President of the Chamber, the composition will be renewed by half after one year from the date of its first Constitution and thereafter every six months by agreement of the room of Government of the High Court which will determine its members for each of the above periods and which will be published on the website of the judiciary.
3 the resolution on admission or rejection as inadmissible the appeal shall take the following form: a) in the cases of paragraph 2 of article 88, which has appreciated the existence of objective casacional interest for the formation of jurisprudence, resolution shall take the form of Providence, if the rejection as inadmissible, and auto, if agreed upon the admission. However, if the body that issued the contested decision issued in the process which foresees the article 89.5 opinion that, in addition to established, is favorable to the admission of the appeal, the rejection as inadmissible will remember by motivated writ.
(b) in them alleged of the paragraph 3 of the article 88, in which is presumed the existence of interest casacional objective, the rejection as inadmissible is agreed by auto motivated in which is will justify that concur them caveats that in that is established.
4. them cars of admission will require the issue or issues in which is understands that exists interest casacional objective e identify it standard or standards legal that in principle will be object of interpretation, without prejudice of that the sentence has of extend is to others if so it requires the debate finally locked in the resource. Orders of inadmissibility will only indicate if in the appeal attends one of these circumstances: to) absence of the regulated requirements of time, legitimation or recurribilidad of the contested decision;
(b) breach of any of the requirements that the article 89.2 imposes for the written of preparation;
(c) not to be relevant and determining no fault reported violations; or (d) deficiency in the resource of objective casacional interest for the formation of jurisprudence.
5 orders and orders of admission or rejection as inadmissible not be brought against any.
6. the lawyer of the administration of Justice of room shall communicate immediately to the room of instance the decision adopted and, if is of inadmissible, you will return them performances procedural and the record administrative received.
7 cars of admission of the appeal will be published on the website of the Supreme Court. With every six months, the room of the contentious-administrative will make public on the mentioned website and in the «Official Gazette», the list of resources of Cassation admitted to processing, with mention of concise of the standard or standards that will be object of interpretation and programming for its resolution.
8. it inadmissible to process of the resource of Cassation behave the imposition of them coasts to the part recurrent, can such imposition be limited to a part of them or until a figure maximum.
1. the preparation of the appeal will not prevent the provisional execution of the judgment under appeal.
Favored by the ruling parties may urge its provisional execution. When of this could derive is damages of any nature, may remember is them measures that are appropriate to prevent or alleviate such damages. Also the presentation of bond or security may be required to answer those. Not it can be effect the provisional execution until the bond or the agreed upon measure is constituted and accredited in cars.
2. the Constitution of the bond is adjusted to it established in the article 133.2 of this law.
3. the Court shall reject the provisional execution when you create irreversible situations or cause damage difficult to repair.
4. When you have to prepared an appeal in cassation, the lawyer of the administration of Justice let testimony enough cars and the resolution appealed for the purposes provided in this article.
1 admitted the appeal, the lawyer of the administration of Justice in the section of admission of the room of the contentious-administrative of the High Court will give diligence of management which shall refer proceedings to the competent Division for processing and decision section and which will know the appellant who has a period of thirty days , to tell from the notification of that, to present in the Secretariat of that section competent the written of interposition of the resource of Cassation. During this period, the proceedings and the administrative record will be reflected in the judicial office.
2 after this term without the writing of interposition, the lawyer of the administration of justice be declared void the appeal, ordering the return of the received performances to the room that came. Such a statement only resources foreseen by article 102 may be brought against bis of this law.
3 notice of filing shall, in separate sections that lead with the expressive caption of what what about: to) explain reasonably why have been violated rules or jurisprudence as such have been identified in the notice of preparation, without power extended to another or others not considered then, and must analyze, which not only quote the judgments of the Supreme Court that in the view of the part are expressive of that case-law, to justify their applicability to the case; (and b) clarified the sense of them claims that it part deduces and of the pronouncements that requests.
4. If notice of filing failed to comply as required in the previous section, the section of the Court of the contentious-administrative of the Supreme Court of jurisdiction for the resolution of the appeal will agree to hear the appellant on the detected non-compliance and without further formalities, will issue a ruling inadmitiendo it if you understand after hearing that the breach was true. In it, imposed to this part them coasts caused, can such imposition be limited to a part of them or until a figure maximum.
5. in another case, it agreed to give transfer notice of filing to the party or parties appealed and do so that they can oppose the resource in common within thirty days. During this period they will be shown the proceedings and the administrative proceedings in the judicial office. In the notice of opposition the inadmissibility of the appeal may not claim.
6. After this period, háyan is presented or not the writings of opposition, competent section for the decision of the resource, of its own motion or at the request of either of the parties made by addendum in the writings of interposition or opposition, remember the celebration of public view unless you understand the nature of the issue makes it unnecessary, in which case it will declare that the resource is closed and pending vote and failure. He pointing of the day in that has of celebrate is the view or in that has of have place the Act of voting and failed will respect it programming that, attending primarily to the criterion of greater antiquity of the resource, is has could establish.
7. when the nature of the affair it advised, the President of the room of it contentious-administrative of the Court Supreme, of trade or to request of it most of them judges of the section before indicated, may agree that them acts of view public or of vote and failed have place before the full of it room.
8 the competent section, or the plenary of the Chamber in the case referred to in the preceding paragraph, will issue a ruling within the period of ten days from the end of the deliberation for voting and failure.
1. the judgment shall fix the interpretation of those State standards or which has established or clear of the of the European Union which, in the order of admission, it was necessary to the pronouncement of the Supreme Court. And, pursuant to it and the remaining rules that were applicable, it will solve issues and claims deduced in the process, annulling the sentence or auto resorted, in whole or in part, or confirming them. You may also when he justifies his need, order the feedback of performances at a certain time of instance procedure to make it follow the course ordered by law until its completion.
2. If you appreciate that the contentious-administrative court order is not competent for the knowledge of those claims, or that it was not the Court of instance, void the decision appealed against and shall indicate, in the first case, the concrete court order which deemed competent, with the effects foreseen by article 5.3 of this Act, or shall be sent, in the second , the proceedings to the Court that would have because of them.
3. in it resolution of the concrete controversy legal that is object of the process, the Court Supreme may integrate in them made admitted as tested by the room of instance those that, having been omitted by this, are enough justified according to them performances and whose takes in consideration is necessary for appreciate the infringement alleged of them standards of the ordering legal or of the jurisprudence , including the diversion of power.
4. the sentence that is handed down in the time procedural to is refers the paragraph 8 of the article previous, will solve on them coasts of it instance according to it established in the article 139.1 of this law and will have, with regard to them of the resource of Cassation, that each part paid them caused to its instance and them common by half. However, may impose the by an appeal to one of them when the judgment to appreciate and thus motivates you, which has acted with bad faith or recklessness; taxation which may be limited to a part of them or up to a maximum figure.»
Dos.Se deleted sections 4th and 5th of chapter III of title IV, integrated by articles 96 to 101.
3. Amending article 102, which is worded as follows: «article 102.
1 there is the revision of a judgment: a) If after pronunciation is recobraren key documents, not provided by force majeure or by work of the party in whose favour it has been given.
(b) if any relapsed under documents that, to the time of dictate is that, ignored an of the parts have been recognized and declared false or whose falsehood is recognized or declared then.
(c) if having been under witness test dictation, witnesses have been convicted of false testimony given in the statements that served as the basis for the judgment.
(d) it has been given sentence under prevarication, bribery, violence or other fraudulent machination.
2. also is may bring resource of review against a resolution judicial firm when the Court European of rights human has declared that such resolution has been dictated in violation of any of them rights recognized in the Convention European for the protection of them rights human and freedoms fundamental and their protocols, whenever it violation, by its nature and gravity entail effects that persist and may not stop in any way which is not by this review, without that it may prejudice rights acquired in good faith by third parties.
3. in it relating to legitimation, deadlines, procedure and effects of them sentences dictated in this procedure of review, governed the provisions of the law of prosecution Civil. However, there will only be place to view celebration when all parties ask for it or the Chamber deems it necessary.
4. the review on accounting responsibility shall be in the cases established in the law of operation of the Court of Auditors.»
Four. Is introduces a new paragraph 3 in the article 108, with the following drafting: «3. the judge or court, in them cases in that, besides declare contrary to it normative it construction of a property, order accordingly it demolition of the same and the replacement to your State originating of it reality physical altered, will require, as condition prior to the demolition» «, and unless a situation of imminent danger would impede it the provision of sufficient guarantees for the payment of compensation to third parties in good faith.»
5. Amending article 139, which is worded as follows: «article 139.
1 in first or only instance, the organ jurisdictional, to the dictate sentence or to the resolve by auto them resources or incidents that before the same is promoting, imposed them coasts to the part that has seen rejected all their claims, unless appreciate and thus it reason, that the case presented serious doubts in fact or of right.
In the case of estimation or partial rejection of the claims, each Party shall pay coasts caused by its instance and the common in half, unless the Court, arguing it properly, impose them on one of them by having sustained its action or filed the appeal with bad faith or recklessness.
2. in them resources is imposed them coasts to the recurrent if is dismissed completely the resource, unless the organ jurisdictional, reasoning it properly, appreciate the concurrence of circumstances that justify its not imposition.
3. in the appeal of Cassation is imposed them coasts of conformity with it intended in the article 93.4.
4. the imposition of the coasts can be to the whole, to a part of these or until a figure maximum.
5. for the levy of the costs imposed on individuals, the lending Administration will use the enforcement procedure, in the absence of voluntary payment.
6. in any case the coasts will be imposed to the public prosecutor's Office.
«7. the coasts caused in them cars will be regulated and priced according to it provisions in the law of prosecution Civil.»
Available to finish fourth. Modification of law 1/2000, of 7 January, code of Civil procedure.
Law 1/2000, of 7 January, code of Civil procedure, is hereby amended as follows: one. It modifies the article 45, that is drafted as follows: «article 45.» Jurisdiction of the courts of first instance.
1. corresponds to the courts of first instance the knowledge, in first instance, of all them Affairs civil that by available legal express not is hallen attributed to others courts.
2 know, also, these courts: to) topics, events, issues, and resources that credited the organic law of the Judicial power.
(b) of the contests of natural person who is not a businessman.»
Two. Amending article 115, which is worded as follows: «article 115. Challenge. Ability to instruct and resolve incidents of challenge.
(1. will be applicable to the challenge of them Secretaries them prescriptions that sets the law organic of the power Judicial for judges and magistrates, with them following specialties: to) them Secretaries judicial not may be recused during the practice of any diligence or performance of that are responsible.
(b) the part of challenge shall be resolved by the respective Secretary of Government, upon instruction of the incident by the corresponding Secretary Coordinator, or in his case, court clerk that designated.»
3. It modifies the article 116, that is drafted as follows: «article 116.» The challenged report.
«Filed the notice of objection, the challenged Judicial Secretary shall report in detail in writing if it recognizes or not how certain and legitimate cause alleged, giving transfer of that letter Secretary Coordinator appropriate to get this account the Secretary of Government, or, in its case, directly to the Secretary of Government, which must meet the challenge.»
Four. Amending article 117, which is worded as follows: «article 117. Acceptance of the challenge by the challenged.
1. when the challenged recognizes how certain the cause of the objection, the Secretary of Government will issue Decree, without further formalities and without further recourse, holding it for challenged, if it considers that the cause is legal.
2. If estimates that the cause is not the common law, declare failing to rise to the challenge. «Against this Decree not be give resource one.»
5. It modifies the article 118, that is drafted as follows: «article 118.» Opposition of the challenged and substantiation of the disqualification.
When the challenged denied the certainty of it cause alleged as Foundation of the challenge, if the instructor allows to pending the challenge proposed, the Secretary Coordinator will order it practice, in the term of ten days, of the test requested that deems relevant and useful, giving is transfer to the Ministry Fiscal by term of three days. Elapsed this term, with or without report of the Ministry tax, it shall forward to the Secretary of Government who will decide the incident within the five days following. «Against this resolution does not fit resource one.»
6. Is adds a new paragraph 4 to the article 138, that is drafted as follows: "4. the relationship of signs of the organ judicial must do is public.» The court clerks shall ensure because the relevant officials of the judicial office to publish in a place visible to the public, the first working day of each week, the relationship of signs corresponding to its respective judicial body, with indication of the date and hour of its conclusion, kind of action and procedure number.'
Seven. Amending paragraphs 1 and 2 of article 140, which are written as follows: ' 1. the justice administration lawyers and officials of the judicial office shall provide to any person proving a direct and legitimate interest how much information they request about the status of the legal proceedings, that they may examine and learn, unless they are or have been declared reserved in accordance with the law. " They may also request those, at its expense, obtain copies of writings and documents contained in the cars, not declared reserved.
2. at the request of the persons referred to in the preceding paragraph, and at its expense, shall be issued by the lawyer of the administration of Justice testimonials and certificates requesting, with the addressee expression.»
8. Amending article 147, which is worded as follows: «article 147. Documentation of performances through systems of recording and reproduction of sound and image.
The oral proceedings to views, hearings and hearings held before the Court will be logged to support suitable for recording and playback of sound and image.
Provided that it has the necessary technological means, the clerk will ensure the authenticity and integrity of the recorded or reproduced through the use of recognized electronic signature or other security system offering such guarantees in accordance with the law. In this case, the event will not require the presence in the room of the clerk of the Court unless parties have requested it at least two days before the celebration of the view, or that exceptionally considers necessary the court clerk attending to the complexity of the issue, the number and nature of the tests to practice, to the number of participating , to the possibility of that is produce incidents that not could register is, or to the concurrence of other circumstances also exceptional that it justify. In these cases, the Secretary Judicial extend Act concise in the terms provided in the article earlier.
The performances oral and views recorded and documented in support digital not may transcribe is, except in those cases in that a law so it determined.
He Secretary Court must guard the document electronic that serve of support to the recording. «The parties may ask, to its coast, copies of them recordings original.»
9. It modifies the paragraph 2 of the article 212, that is drafted as follows:
«2. without prejudice of it established in the paragraph second of the paragraph 1 of the article 236 d of the law organic 6 / 1985, of 1 of July, of the power Judicial, is will allow to any interested the access to the text of the judgments or to certain ends of them same.» «This access only may carry is to out prior dissociation of them data of character personal that them same contain and with full respect to the right to the privacy, to them rights of them people that require a special duty of guardianship, to the warranty of the anonymity of them handicapped, when appropriate, as well as, with character general, to avoid that them sentences can be used with purposes contrary to them laws.»
10. It modifies the article 266, that is drafted as follows: «article 266.» Documents required in cases special.
Is will have of accompany to the demand: 1 them documents that justify dutifully the title in whose virtue is ask for food, when this is the object of the demand.
2. the documents which constitute a principle of proof of title in which merge withdrawal demands, and when the appropriation of the price is required by law or by contract, the document attesting to having consigned, if it is known, the price of the thing subject to withdrawal or have been constituted bond guaranteeing the allocation as soon as the price hearing.
3rd the document in which succession mortis reliably cause in favor of the plaintiff, as well as the relationship of the witnesses who can testify about the absence of holder as owner or tenant for life, when it is intended that the Court put the plaintiff in possession of goods claiming to have acquired under the succession.
4th other documents requiring this or any other Act expressly for the admission of the demand."
Eleven. Amending article 403, which is worded as follows: «article 403. Admission and exceptional cases of inadmissibility of the claim.
1. demands is only inadmitirán in cases and cause expressly provided for in this law.
2 are not accepted demands when not accompanying her documents expressly required by law for the admission of those or have not attempted reconciliations or effected requirements, claims, or appropriations required in special cases."
12. Amending paragraph 2 of article 483, which is worded as follows: «2. proceed the inadmissibility of the appeal: 1 if the appeal was inadmissible, for the judgment being appealed or by any other defects not remedied way.»
2. If filing of the appeal brief not fulfilled the requirements for different cases in this law.
3rd if the matter does not reach the required amount, or no casacional interest in absence of opposition to jurisprudential doctrine for the lack of contradictory jurisprudence exists or if the rule that is violated take existing over five years or, in the view of the room, there is jurisprudential doctrine of the Supreme Court on such standard or another former of the same or similar content.
The appeal in the case of the second subparagraph of Article 477.3, is also inadmitirá when the corresponding High Court of Justice considers that it has become doctrine about the discussed standard or another previous same or similar content.
4th if the resource persons manifestly unfounded or substantially equal resources had already resolved in the background.»
13. Amending section 510, which is worded as follows: «article 510. Reasons.
1. There will be place to the review of a sentence firm: 1 if after pronunciation, is recobraren u winning documents decisive, of which not is any could have by force greater or by work of it part in whose favor is has dictated.
2nd if any relapsed under documents that to the time of issue is ignored an of them parts have been declared false in a process criminal, or whose falsehood finds then criminally.
3rd if any relapsed under test witness or expert, and them witnesses or them experts have been convicted by false testimony given in the statements that served of Foundation to the sentence.
4th if it has won unfairly by virtue of bribery, violence or machination fraudulent.
2 also appeal against a judicial decision firm when the European Court of human rights has declared that this decision has been issued in violation of any of the rights recognized in the European Convention for the protection of human rights and fundamental freedoms and its protocols, may be lodged provided that the violation, by its nature and gravity entail effects that persist and may not stop in any way which is not by this review, without that it may prejudice rights acquired in good faith by third parties."
Fourteen. Amending article 511, which is worded as follows: «article 511. Active legitimization.
You may request the review who has been handicapped by the contested judgment.
«In the case of paragraph 2 of the preceding article, the review may only be filed by plaintiff who had been before the European Court of human rights.»
15. Amending paragraph 1 of the article 512, which is worded as follows: ' 1. in no case may be requested the review after five years from the date of the publication of the judgment that is intended to challenge.» Any request for review that is submitted past the deadline will be refused.
The provisions of the preceding paragraph shall not apply when the review is motivated in a judgment of the European Court of human rights. In this case the request must be in within a year since purchasing firmness the judgment of the Court referred.»
Fifth final provision. Provisions as a matter of ordinary law and jurisdictional title.
1.tienen character of ordinary law the second and fifth additional provisions and final provisions first, third and fourth.
2. the present law organic is dictates in exercise of them powers exclusive attributed to the State in matter of administration of justice by the article 149.1.5. th of the Constitution, except them provisions late first, third and fourth, that is dictate to the amparo of the article 149.1.6. ª of the Constitution, that attributed to the State competition exclusive for dictate it legislation procedural.
Available to finish sixth. Normative military.
In the term of two years from the entry in force of this law, the Government shall forward to them cuts General the project of law of reform of the law organic 4 / 1987, of 15 of July, of the competition and organization of the jurisdiction military, that must adjust is to it willing in this law.
Available to finish seventh. Regulatory procedure.
In the term of one year from the entry into force of this law, the Government shall forward to the Cortes Generales bills for amendment of procedural laws that are necessary for adaptation to the provisions therein and approve precise regulations for its development.
Disposal the eighth. Basic Statute of the lawyers of the technical Cabinet of the Supreme Court.
Within the period of one year, the Government will refer to the Cortes Generales a draft law governing the status of the lawyers of the Cabinet technical of the Court Supreme. In any case, and in what refers to the remuneration regime of these lawyers, it will be provisions regarding article 23 of the law 38/1988, of 28 December, demarcation and legal plant.
Ninth final disposition. Regulatory development.
The General Council of the judiciary shall develop rules that develop the procedure referred to in Article 296 of the organic law of the Judicial power.
Available finish tenth. Entry in force.
The present law shall enter in force the day 1 of October of 2015, except them paragraphs one, two and five of the available end third, that it will make to the year of its publication.
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law organic.
Madrid, 21 of July of 2015.
The President of the Government, MARIANO RAJOY BREY
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