FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

I

The current society demands a high degree of efficiency and agility in the judicial system, since it cannot be forgotten that an effective Justice, besides guaranteeing the respect of the fundamental rights of all and to facilitate with it social peace, is a strategic element for the economic activity of a country and contributes directly to a strengthening of legal certainty and, in parallel, to the reduction of litigation.

In this line, the modification of the Organic Law 6/1985, of July 1, of the Judicial Branch, has been in search of solutions that answer to some of the problems that afflict the Spanish judicial system.

To this end, the reform, in a single article containing a hundred and sixteen paragraphs, articulates a package of structural and organizational measures aimed at achieving a better response to the citizens who come to the jurisdiction of the in defence of their rights and interests.

II

First, measures such as the definitive Lace of the Military Jurisdiction in the Judiciary and the elimination of the privilege of presentation of the Ministry of Defense for the designation of Magistrates of the Military Chamber of the Supreme Court from the Military Legal Body.

It also includes an estimate of the judgments of the European Court of Human Rights declaring the violation of any of the rights recognized in the European Convention for the Protection of Human Rights and Fundamental Freedoms and in their Protocols, establishing that they will be sufficient grounds for the interposition of the review facility exclusively of the final judgment in the "a quo" process. This increases, without a doubt, legal certainty in a sector as sensitive as that of the protection of fundamental rights, the foundation of political order and of social peace, as Article 10.1 of our Treaty states. Constitution.

Also with the objective of strengthening the protection of rights, an issue is addressed, such as the protection of data in the field of the Courts, which until today lacked a complete and up-to-date regulation. The model clearly distinguishes between jurisdictional and non-jurisdictional files. In this way, the court is responsible for the judicial files and these are governed by the procedural laws regarding ARCO rights-access, rectification, cancellation and opposition. The control authority of such files shall be the General Council of the Judiciary. On the other hand, the person responsible for the non-jurisdictional files is the Judicial Office, at the front of which is a Letting of the Administration of Justice. This type of file will be governed by the existing regulations regarding the protection of personal data and the control authority of these files will be the Spanish Data Protection Agency.

III

There is also a set of measures to achieve greater streamlining and specialisation in judicial responses, which is twofold: on the one hand, to end the problems of delay that exist in some bodies. The Court of the European Court of the European Court of Thus, in order to achieve greater flexibility in the judicial system, various measures are introduced with which the aim is to achieve a better distribution of cases between the courts, a specialized resolution of those who for their require specific responses and an acceleration of the instruction of those causes which, due to their complexity, so require.

In the first place, measures are taken in the field of the Courts of Violence on Women. The Organic Law of the Judicial Branch established these Courts as specialized organs to meet the issues of violence on women with exclusive and exclusive character; however, despite the initial regulation, at present They live in our territory, judged that they know exclusively of the matters that the Law attributes to them, with others who, moreover, deal with and resolve other civil and criminal proceedings: 106 Exclusive Courts and 355 Compatible Courts. In order to look for the correct balance between maintaining a reasonable proximity of the Court to the victim and the specialized response required for the treatment of such procedures, the possibility of extend the jurisdiction of the Courts of Violence on Women to two or more judicial parties; this will make it possible to ensure the specialization that was intended in this field and, at the same time, to download from work to the Courts of First Instance and Instruction, or Instruction in your case, from the same province. With the reform, this extension of the jurisdiction can be agreed by the government through royal decree, upon a proposal of the General Council of the Judiciary and with the report of the administrations concerned, without having to deal with an amendment. of the Law of Demarcation and the Judicial Plant.

Secondly, along with the classic reason for the good administration of Justice to make it necessary, it is now possible to seek a better balance of the workloads in the case of those provincial-level bodies. To this end, it is anticipated that the Government Chambers will be able to agree on the precise changes in the rules for the distribution of the Courts of the Commercial, the Criminal, the Minors, the Penitentiary Surveillance, the Administrative and the Social, the balance the distribution of issues.

In the third place, an organizational resource is introduced to respond to all those causes that, in different circumstances, generate in a short time a huge litigation, making it difficult so that our Courts give an agile and unique response, as well as delays in processing the rest of the processes.

Thus, along with the specialization of the Courts that already allowed Article 98 of the Organic Law to be reformed, a mechanism will now be included that will allow the governing body of the Judicial Branch to specialize in one or more organs. The Court of Justice has held that the Court of Justice has held that the Court of Justice has held that the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union unification of criteria. The main novelty is that these specialized courts will be able to have a provincial level, thus overcoming the limitations that the existence of lower-level territorial constituencies could cause. In short, it is possible to resolve such matters by one or more specialized organs and to release from their knowledge to other Courts so that they can give more dedication to the dispatch of the ordinary affairs.

The rule excludes that by this means it can be attributed to the organs that specialize matters that deal with matters that by legal disposition are attributed to others of different kind, still within the same order jurisdiction. The Court of Instruction is also excluded in order to avoid any interference in its jurisdiction, but when it may be the object of the rest of the reinforcement measures provided for in this reform.

Finally, in order to facilitate the instruction of causes of special complexity and auxiliary to the instructor, the possibility is introduced that, as a measure of support, the General Council of the Judicial Branch can be attached to the Member of the Board of Directors of the Court of Justice of the European Communities, with or without the right to act in the courts, with or without the sharing of judicial functions, without the possibility of acting in the cause-and under the direction of the head of the organ that knows of this complex cause, they can carry out study, support, collaboration and proposal work.

This support measure will be in line with current regulatory forecasts, requiring the Ministry of Justice's compliance.

The reform also incorporates a series of modifications to the regulation of the judges of territorial association, through which they are intended to introduce elements of greater flexibility in the judicial organization. First, it is pointed out that the judges of territorial integrity are at the disposal of the High Court of Justice for functions of substitution and reinforcement, and that their designation is directly the responsibility of the President, without prejudice to the fact that to give the Governing Room a account. This forecast is accompanied by the obligation of the Government Room to report to the General Council of the Judicial Branch on the situation and the destinations that the judges of the membership have at each moment. Secondly, it is clarified that the work of the judge, when acting in place of substitution, is carried out with full jurisdiction, so that he may also, in such a condition, go to the Boards of Judges and perform any other acts of representation of the judicial body, in default of its holder. Third, the Governing Board is given the task of setting the objectives of the reinforcement and the allocation of cases in the event that the territorial integrity judge carries out reinforcement tasks, ensuring that they are heard in that process.

Finally, in the framework of the transparency and the right of citizens ' access to public information and within the limits established in the laws, in the area of the advertising of the actions, it is also incited. (a) the obligation to publish the agenda for the prosecution of the judicial bodies, in such a way that the date and time of the procedure can be known in advance.

IV

Citizens continue to perceive as a symptom of lack of legal certainty the existence of various resolutions on the same subject. In the text, therefore, there is a need to avoid contradictory resolutions between Sections of the same judicial body leading to a lack of predictability of judicial pronouncements, which, ultimately, is projected on the degree of legal certainty of our system. To this end, amendments are made to the regulation of the Full Court for the unification of criteria, on the one hand, which are part of these judges who are aware of the matter on which the discrepancy exists and, by another, that the Sections should motivate the reasons why they deviate from the criterion agreed in one of these Plenes.

V

The direct civil liability of the Judges and Magistrates is also eliminated, and is used in practice. This aligns the responsibility of the Judges with that of the rest of the public employees and the recommendations of the Council of Europe in this field are met. That exemption from liability does not logically exclude, that the Administration may repeat, on an administrative level, against the Judge or Magistrate if it has engaged in it or gross fault.

Also, the extension of the stay in the active service for the members of the judicial career is regulated, in line with the suppression of the figure of the Magistrate Emeritus.

VI

The progressive internationalization of the personal and business relationships of the citizens of our country requires an update of the criteria for the attribution of jurisdiction to the Spanish Courts of the civil order. The need for this update becomes evident if it is considered that the moment in which the current article 22 of the Law of the Judicial Branch was drafted, the process of internationalization of Spain was at a moment very initial. In fact, the full incorporation of the European Union was not even completed.

For the same reason, it is appropriate to mention in the Law the connection of Spanish Judges and Courts to the Law of the Union, in the interpretation that makes it the Court of Justice of the European Union. In parallel, and as a corollary of the system, the way in which in our order is to be processed in the main course of dialogue between the Spanish judge and the Court of Justice of the European Union is determined: the question of the preliminary ruling. In doing so, it deepens in the search for greater guarantees in the protection of citizens ' rights.

VII

The fight against gender-based violence continues to demand action in all areas in order to eradicate this social scourge. To this end, the Organic Law of the Judicial Branch cannot be subtracted, incorporating a battery of measures aimed at increasing the firm and continuing struggle from the legislative field against gender-based violence. In this sense, the jurisdiction of the Judge of Violence on Women is extended, first of all, to the crimes against intimacy, the right to the image itself and the honor of the woman. In other words, it will know of the instruction of the processes to demand criminal responsibility for crimes in which the violence of gender is also manifested; in particular, the crimes of disclosure of secrets and the crimes of injury. Secondly, you will also be aware of the offence of breach provided for and punishable under Article 468 of the Criminal Code where the person who is offended is, or has been, his wife or wife who is or has been linked to the author by an analogous relationship of affectivity even without coexistence, as well as the descendants, their own or the wife or the living person, or the minors or persons with the modified capacity judicially that with the convivan or who are subject to the power, guardianship, curatela, (a) a welcoming or keeping of the wife or a living. By attributing the jurisdiction to the knowledge of the instruction of this crime to the Judge of Violence on Women, it will obtain greater efficiency in protecting the victim, because this will have much more data than any other Judge for assess the risk situation.

The specific characteristics of this form of violence on women also require the specialised training of all legal operators in order to effectively develop the respective roles they have This is reflected in the selective evidence for income and promotion in the Judicial Career, as they must contemplate the study of the principle of equality between women and men, including measures against gender-based violence, and its application on a cross-cutting basis in the field of judicial function.

Also, technical and professional assistance is ensured by the teams assigned 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, specialised assistance to victims of gender-based violence.

Finally, it is guaranteed that the Judicial Statistics will also take into account the sex variable.

VIII

Within the section dedicated to institutional reforms, some modifications of the regime of the General Council of the Judiciary are dealt with in the first place. These adjustments are the result of the experience of almost a year of operation of the new model of the General Council of the Judiciary. Among them is the increase in the number of members of the Standing Committee, who pass from five to seven, so that the important powers entrusted to them can be exercised with full dedication by an important number of Vowels.

In the field of the Supreme Court, a new, more detailed regulation of its Technical Cabinet is introduced, as an organ of assistance to the Presidency and its different chambers in the process of admission and the elaboration of reports and studies.

IX

Changes are also made in the book V. The Body of Judicial Secretaries becomes known as the Body of Letters of the Administration of Justice. This is in response to a historical demand for it, which considers that the designation of judicial secretaries leads to mistakes on the function actually performed.

In this sense of adaptation to the current functions developed by the said Body, an express reference is included to the fact that its members have the direction of the Judicial Office; new competences such as mediation and the processing and, where appropriate, the resolution of monitoring procedures, all in the framework of what the procedural rules provide for; the decrees are included as a type of resolution of these officials and it is foreseen that the Ministry of Justice annually approve their scale. It also establishes the system of rights and duties of the Letters of the Administration of Justice, thus clarifying their civil servants ' status, including a remiss clause of general character to book VI and suppletingly to the Basic Statute of the Public employee and other regulations of the civil service, all without prejudice to the necessary specialties, themselves of the nature and functions of the Body of Letters of the Administration of Justice.

The current three categories in the Judicial Secretaries ' Body are also maintained and technical improvements are introduced by clarifying the regulation of this matter.

On the other hand, a system of substitutions inspired by the principles of the Organic Law 8/2012 of 27 December, of measures of budgetary efficiency in the Administration of Justice, for which the Law is amended Organic 6/1985, of July 1, of the Judicial Branch, with the aim of promoting and priming the substitutions between the Letrados of the Administration of Justice, leaving the appeal to the Letted substitutes as something exceptional. It is a matter of professionalizing Justice in all its fields and seeking a major reduction in the economic cost that the current system is assuming.

Finally, in the current Law, the disciplinary regime of the judicial secretaries is the one provided for by reference in book VI (other personnel in the service of the Administration of Justice), which prevented an adaptation to the specific characteristics of the performance of these. For this reason, a disciplinary system of its own in which, among other aspects, the penalty of fine is included in order to facilitate the graduation of the sanctions to be imposed and is carried out, is incorporated in the Book of Letters of the Administration of Justice. express reference to the principle of proportionality between the gravity of the constituent act of the infringement and the sanction applied.

The reform also affects the scope of the expunge of judicial documents already dealt with and resolved and whose preservation is unnecessary and generates a cost for the administration. Although the expunge of judicial files is a matter already covered by the Organic Law, the procedure is more effective, so that the Administration can proceed to the destruction of the cars and judicial files when they have six years after the determination of the resolution which has finally put an end to the procedure. The general rule is excluded, on the one hand, from the files in criminal jurisdiction, which are generally subject to longer periods of limitation and, on the other hand, the files to be determined in accordance with their value. cultural, social or historical.

In any event, the destruction will be agreed upon prior granting of the hearing to the parties in case they are interested in the breakdown of original documents that they have contributed or want to exercise the rights that, in this matter, grants the law.

X

In relation to the changes that are made in book VI, it is worth mentioning the incorporation of the requirement of the specialty in Forensic Medicine for the entry into the Body of Medical Physicians, which will be effective when determine the Ministry of Justice once the initial promotions which have been obtained by the residence system through the corresponding annual call for selective tests for access to places of residence have been completed by the Ministry of Justice. specialised health training. In parallel, the functions of these professionals are updated and the regime of the Institutes of Legal Medicine and Forensic Sciences is adapted, as technical bodies attached to the Ministry of Justice or the Autonomous Communities with competence in the (a) the task of assisting the Administration of Justice in the field of its scientific and technical discipline.

Also, it is established that the Institutes of Legal Medicine and Forensic Sciences will have comprehensive forensic assessment units, which may be part of the psychologists and social workers to be determined. to ensure, among other functions, specialised assistance to victims of gender and domestic violence, minors, family and persons with disabilities. Also, within these Institutes the rest of the professionals who integrate the so-called psychosocial teams will be able to integrate, this is psychologists, social workers and social educators, who provide services to the Administration of Justice, including the technical equipment of minors; with all this, it is reinforced and guarantees their performance.

Equally important is the attribution of the status of the agent of the authority to the members of the Processing Management Body when they perform documentation functions on liens, launches and other acts whose nature is requires.

Within the same Book VI certain additional modifications are introduced in the statutory regime of the other officials to the service of the Administration of Justice.

XI

As for book VII, the Social Undergraduates are included as professionals who, in providing technical representation in the social field, can act as collaborators of the Administration of Justice.

XII

Six additional provisions, nine transitional and ten endings, are introduced as a complement to the articulated.

Among the final provisions, the fourth final provision, which amends Law 1/2000 of 7 January, of Civil Procedure to adapt it to the new provisions of the Organic Law of the Judiciary in relation to information on the status of judicial proceedings, the disclosure of judgments and the execution of judgments of the European Court of Human Rights, and the third final provision, amending Law No 29/1998 of 13 July 1998, Judicial-Administrative Jurisdiction, as regards the appeal in this case court order.

In this field, and with the aim of stepping up safeguards in the protection of citizens ' rights, the law chooses to strengthen the appeal as an instrument par excellence to ensure uniformity in the law. judicial application of the law. In this way, the appeal may be admitted to proceedings where, on the basis of a specific infringement of the legal order, both procedural and substantive, or of the case-law, the Court of Justice-Administrative Court of the Supreme Court considers that the resource is of the same objective as the objective of case-law training.

In order for the appeal not to become a third instance, but to strictly comply with its nomophilic function, a mechanism for the admission of resources is designed based on the description of the assumptions in the that a case may be referred to the Supreme Court for a marriage interest. Thus, the Court of Cassation may assess that in certain cases, there is objective case-law, which expressly provides for it in the order of admission. The appeal must be accepted in certain cases, where there is a presumption that there is an objective casational interest.

Single item. Amendment of the Organic Law 6/1985, of July 1, of the Judiciary.

The Organic Law 6/1985, of July 1, of the Judiciary, is amended as follows:

One. Article 3 (2) is amended as follows:

" 2. The organs of the military jurisdiction, which is an integral part of the judicial branch of the State, base its organization and operation on the principle of judicial unity and administer justice in the strictly military sphere, and, where appropriate, in matters to establish the declaration of the status of the site, in accordance with the Constitution and the provisions of the military criminal, procedural and disciplinary laws. "

Two. A new Article 4a is added, which is worded as follows:

" Article 4a.

1. The Judges and Courts shall apply the law of the European Union in accordance with the case-law of the Court of Justice of the European Union.

2. Where the Courts decide to refer a question to the European Court of Justice, they shall 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. '

Three. A new Article 5a is added, which is worded as follows:

" Article 5a.

An appeal for review before the Supreme Court may be brought against a firm judicial decision, in accordance with the procedural rules of each court order, when the European Court of Human Rights has declared that that decision has been given in violation of any of the rights recognised in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, provided that the infringement, by its nature and gravity, (i) any effects which persist and cannot cease in any other way than by means of such review. "

Four. Article 21 is amended as follows:

" Article 21.

1. The Spanish civil courts shall be aware of the claims arising in Spanish territory under the terms of the international treaties and conventions in which Spain is a party, in the rules of the European Union and in the laws of

2. However, they shall not be aware of the claims made in respect of subjects or property which enjoy immunity from jurisdiction or enforcement in accordance with the rules of public international law. "

Five. Article 22 is amended as follows:

" Article 22.

On an exclusive basis, the Spanish Courts shall be competent in any case and with preference of any other, in order to know of the claims relating to the following matters:

(a) Real rights and leases of real estate in Spain. However, in the case of rental contracts for immovable property concluded for a particular use for a maximum period of six consecutive months, the Spanish courts shall also be competent if the defendant is registered in Spain, provided that the lessee is a natural person and that the lessee and the owner are domiciled in the same State.

b) Constitution, validity, nullity or dissolution of companies or legal persons who have their domicile in Spanish territory, as well as respect for the agreements and decisions of their organs.

c) Validity or nullity of enrollments practiced in a Spanish registry.

(d) Inscriptions or validity of patents, trademarks, designs or designs and other rights subject to deposit or registration, where the deposit or registration has been requested or effected in Spain.

e) Recognition and enforcement in Spanish territory of judgments and other judicial decisions, arbitration decisions and mediation agreements issued abroad. "

Six. A new Article 22a is added, which is worded as follows:

" Article 22a.

1. In matters where a rule expressly permits, the Spanish Courts shall be competent when the parties, irrespective of their domicile, have expressly or tacitly submitted to them. Agreements which confer jurisdiction on Spanish courts or similar provisions included in a contract shall not be effective if they are contrary to the provisions of Articles 22c, 22d, 22e and 22f, or if exclude the competence of the exclusively competent Spanish judicial bodies as laid down in Article 22, in which case it shall be as laid down in those provisions.

The submission to the Spanish Courts in the matters referred to in points (d) and (e) of Article 22d shall only be valid if it is based on a post-submission agreement arising from the dispute, or both Contractors already have their registered office or habitual residence in Spain at the time of the conclusion of the contract or the claimant is the consumer, insured or policyholder.

2. An agreement of submission is understood to express that pact by which the parties decide to attribute to the Spanish Courts the knowledge of certain or all the controversies that have arisen or may arise between them in respect of a certain legal, contractual or non-contractual relationship. The competence established by express submission shall extend to the validity of the submission agreement.

The express submission agreement must be in writing, in a clause included in a contract or in an independent agreement, or verbally with written confirmation, as well as in some form that conforms to the habits that parties are established between them, or in international trade, in accordance with the uses which the parties know or have to know and which, in such trade, are widely known and regularly observed by the parties to the contracts of the same type in the commercial sector concerned. An average written agreement shall be understood to be the result of a transmission by electronic means providing a durable record.

It will also be considered that there is written agreement when it is entered in an exchange of written demand and defence within the process initiated in Spain, in which the existence of the agreement is affirmed by a party and not denied by the other.

3. Irrespective of the cases in which their jurisdiction arises from other provisions, the Spanish courts shall have jurisdiction when the defendant appears before them. This rule will not apply if the appearance is intended to challenge the competition. "

Seven. A new Article 22b is added, which is worded as follows:

" Article 22b.

1. In matters other than those referred to in Articles 22, 22 and 22, and if I do not measure submission to the Spanish Courts in accordance with Article 22a, they shall be competent when the defendant has his registered office in Spain. or when determined by any of the fora set out in Articles 22c and 22d.

2. For the purposes of this Article, it is understood that a natural person is domiciled in Spain when he or she has his habitual residence.

A legal person shall be understood to be domiciled in Spain when it radiuses its registered office, its central administration or administration or its principal place of business.

3. In the case of a plurality of defendants, the Spanish Courts shall be competent when at least one of them has its registered office in Spain, provided that a single action is exercised or several of which there is a nexus for the reason of the title or cause of requesting advising them to accumulate.

4. However, the jurisdiction established in accordance with paragraph 1 of this Article may be excluded by an agreement of choice of court in favour of a foreign court. In such a case, the Courts shall suspend the proceedings and may only be aware of the claim deducted in the event that the designated foreign courts have declined their jurisdiction.

5. The exclusion of competition from the Spanish Courts shall not have an effect on the matters in which they are not subservience to them. "

Eight. A new Article 22c is added, which is worded as follows:

" Article 22c.

In default of the above criteria, the Spanish Courts will be competent:

(a) In the case of a declaration of absence or death, where the missing person has had his last address on Spanish territory or has Spanish nationality.

(b) In matters relating to the capacity of persons and measures for the protection of elderly persons or their property, where they have their habitual residence in Spain.

c) In matters of personal and property relations between spouses, marriage annulment, separation and divorce and their amendments, provided that no other foreign court has jurisdiction, where both spouses hold habitual residence in Spain at the time of the application or when they have had their last habitual residence in Spain and one of them resides there, or where Spain is the habitual residence of the defendant, or, in the case of a mutual claim in Spain, where one of the spouses is resident, or where the claimant carries at least one year of habitual residence in Spain from the application, or where the claimant is Spanish and has his habitual residence in Spain at least six months before the application is lodged, as well as when both spouses have Spanish nationality.

(d) In matters of parentage and parental-subsidiary relations, protection of minors and parental responsibility, when the child or child has his habitual residence in Spain at the time of the application or the The applicant is either Spanish or habitually resident in Spain or, in any case, at least six months before the application is lodged.

e) In the matter of adoption, in the cases covered by Law 54/2007, of December 28, of international adoption.

(f) In the case of food, where the creditor or the defendant has his habitual residence in Spain or, if the claim for food is made as an accessory to a question on the marital status or an action of parental responsibility, when the Spanish courts are competent to hear the latter action.

(g) In matters of succession, where the deceased had his last habitual residence in Spain or when the goods were in Spain and the deceased was Spanish at the time of death. They shall also be competent when the parties have submitted to the Spanish Courts, provided that the Spanish law applies to the succession. Where no foreign jurisdiction is competent, the Spanish Courts shall be responsible for the property of the succession in Spain. "

Nine. A new Article 22d is added, which is worded as follows:

" Article 22 quinquies.

Also, in default of express or tacit submission and even if the defendant does not have his registered office in Spain, the Spanish Courts will have jurisdiction:

(a) In the case of contractual obligations, where the obligation to meet the demand has been met or must be met in Spain.

(b) In the case of non-contractual obligations, where the damage has occurred on Spanish territory.

(c) In actions relating to the exploitation of a branch, agency or business establishment, when it is located in Spanish territory.

d) In the case of contracts concluded by consumers, they may be litigated in Spain if they have their habitual residence on Spanish territory or if the other contracting party has it; the latter may only litigate in Spain if the consumer has his habitual residence in Spanish territory.

(e) In the case of insurance, where the insured, taker or beneficiary of the insurance has its registered office in Spain, the insurer may also be sued in the Spanish courts if the damage is caused in the territory of Spain. (a) a contract of insurance for liability or insurance relating to immovable property, or, in the case of insurance against civil liability, if the Spanish courts were competent to hear the action taken by the injured party; against the insured under point (b) of this Article.

(f) In the shares relating to real rights in movable property, if they are located in Spanish territory at the time of the demand interposition.

With regard to the assumptions provided for in points (d) and (e), the Spanish Courts shall also be competent when the consumer, insured or policyholder is a claimant and the parties have agreed to submit to the Courts After the dispute arose, or both contractors already had their registered office in Spain at the time of the conclusion of the contract or the claimant was the consumer, insured or policyholder. "

Ten. A new Article 22e is added, which is worded as follows:

" Article 22 sexies.

The Spanish Courts shall be competent in the case of the adoption of provisional measures or of insurance against persons or property which are located in Spanish territory and must be complied with in Spain. They will also be competent to take these measures if they are to be aware of the main issue. "

Once. A new Article 22 septies is added, which is worded as follows:

" Article 22 septies.

In terms of insolvency and other insolvency proceedings, you will be subject to your regulatory legislation. "

Twelve. A new Article 22 g is added, which is worded as follows:

" Article 22 octies.

1. The Spanish Courts shall not be competent in cases where the powers of competition provided for in the Spanish laws do not provide for such jurisdiction.

2. The Spanish Courts shall, on their own initiative or at the request of a party, appreciate their competence in accordance with the rules in force and the circumstances at which the application is lodged, and the proceedings shall be brought to a close even if those rules or circumstances have been amended subsequently, unless expressly stated otherwise.

3. The Spanish Courts shall declare themselves incompetent if their jurisdiction is not founded on the provisions of the Spanish laws, in accordance with the provisions of the procedural laws.

The Spanish Courts will not be able to abstain or decline their jurisdiction when the alleged litigious present ties with Spain and the Courts of the different States connected with the alleged have declined their competence. Nor will they be able to do so when it comes to the recognition and enforcement of judgments, arbitration decisions and mediation agreements dictated by foreign courts. "

Thirteen. A new Article 22 nonies is added, which is worded as follows:

" Article 22 nonies.

International law-enforcement and related exceptions shall be invoked and dealt with in accordance with the general rules governing the procedural laws. "

Fourteen. Article 35 is amended as follows:

" Article 35.

1. The judicial demarcation, which will determine the territorial division of the judicial organs, will be established by law or, in the cases expressly contemplated in this rule, by royal 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 the government, a proposal of the same one in which they will establish the judicial parties.

3. The Ministry of Justice, with a view to the proposals of the Autonomous Communities, will draw up the corresponding normative provision, which will be informed by the General Council of the Judiciary within two months.

4. The government will proceed with the processing of the appropriate regulatory project.

5. The judicial demarcation shall be reviewed every five years or earlier if the circumstances so advise, by law drawn up in accordance with the procedure set out above.

6. The Autonomous Communities, following the report of the General Council of the Judiciary, will determine, by law, the capitality of the judicial parties. "

Fifteen. A new Article 61a is added, which is worded as follows:

" Article 61a.

1. At the service of the Supreme Court, there will be a Technical Cabinet, which will assist the Presidency and its different Chambers in the process of admitting the issues they know and through the preparation of studies and reports that are requested. It shall also provide support to the Special Chambers in the dispatch of cases attributed to them.

2. The Technical Cabinet will be composed of a Director and members of the Judicial Career and other jurists who will hold the title of the Technical Cabinet.

3. To the above effects, in the Technical Cabinet there will be as many areas as jurisdictional orders. Within each area there may be one section of Admission and another section of Studies and Reports. In the Fifth Chamber of the Military there may be a Letrado of the Technical Cabinet.

The Latrados will provide their services in the different areas, attending to their professional expertise.

4. In each of the areas there will be one or more of the Technical Cabinet's Letrates who will take on the coordination functions of the members of the Cabinet that will be part of it. They shall be appointed by the President of the Supreme Court, preferably from among the Letrates who belong to the Judicial Career, and must be at least ten years old in the exercise of their respective profession.

5. The Ministry of Justice, heard by the Supreme Court's Government Chamber and after the General Council of the Judicial Branch and a favorable report by the Ministry of Finance and Public Administrations, will determine the composition and staff of the Technical Cabinet.

Exceptionally, for temporary and duly justified reasons, on a proposal from the General Council of the Judicial Branch and heard by the Supreme Court's Government Chamber, the Ministry of Justice may temporarily be assigned to the Supreme Court, with the a maximum of one year, an additional number of members serving the Technical Cabinet. "

Sixteen. A new Article 6b is added, which is worded as follows:

" Article 6b.

The senior management of the Technical Cabinet shall be exercised by the President of the Supreme Court or, in the case of a delegation of the Supreme Court, by the Deputy Chief of the Supreme Court. "

seventeen. A new Article 66c is added, which is worded as follows:

" Article 61 quater.

1. The plenary session of the General Council of the Judiciary will appoint the Director of the Technical Cabinet, on a binding proposal of the President of the Supreme Court, and must prove the legally required requirements to be able to access the category of Magistrate of the Supreme Court, having such regard, for representative purposes, as long as he is in office.

2. Lawyers who have to serve in the Technical Cabinet will be selected by merit competition, establishing the selection criteria in the announcement of the call.

Lawyers who do not belong to the Judicial or Fiscal Career must be officials of the Law Enforcement Administration or officials of public administrations or constitutional bodies, with qualifications in law, belonging to Bodies of Subgroup A1 or assimilated.

The Permanent Commission of the General Council of the Judiciary will hold the call on the proposal of the President of the Supreme Court, who will hear in advance, for the purposes of setting the selection criteria, to the Chamber of Government of that Court.

3. The President of the Supreme Court, hearing the Presidents of the Chamber and the Director of the Technical Cabinet, shall submit to the Chamber of Government, for approval, the proposal of candidates to fill the seats of the Technical Cabinet.

4. The President of the Supreme Court will raise to the plenary session of the General Council of the Judiciary the proposal of the Supreme Court's Government Chamber, so as to make the appointment of those who will occupy the seats of the Cabinet Technician. "

Eighteen. A new Article 66d is added, which is worded as follows:

" Article 61 quinquies.

1. The lawyers who are selected shall be appointed for one year. Once that period has been completed, the President of the Supreme Court, the President of the respective Chamber and the Director of the Technical Cabinet, shall propose, where appropriate, the extension in the place, in accordance with the procedure laid down for the initial appointment. Lawyers may be extended for successive periods of three years. Without prejudice to the foregoing, the Letters may be terminated by the President of the Supreme Court for gross non-compliance with the duties of his/her duties.

2. The Director of the Technical Cabinet and the Letrates shall be declared in administrative situation of special services in the Carrera or Corps of provenance.

3. For the purposes of the calculation of seniority in the Judicial Race, the Judges or Magistrates occupying the seat of the Technical Cabinet will be taken into account for the services provided in the judicial order corresponding to the area of the Technical Cabinet in which they are attached.

This forecast will also apply to the effects of the computation of seniority in the Body to the Letrates of the Administration of Justice that occupy the place of Letrado in the Technical Cabinet. "

nineteen. A new Article 661 is added, which is worded as follows:

" Article 61 sexies.

The Governing Room, on a proposal from the Chief Justice, will approve the operating rules of the Technical Cabinet. "

Twenty. Article 73 (6), which is worded as follows, is amended as follows:

" 6. If the number of cases so advises, one or more Sections may be set up and even the Criminal Chamber with its own territorial division in those capitals which are already the seats of other Chambers of the High Court, for the sole purpose of (a) to know the appeals referred to in point (c) of paragraph 3 of this Article and those other appeals attributed by the laws to the High Court of Justice.

The appointments to the Magistrates of these Sections or Salas, on a proposal from the General Council of the Judiciary, will fall on those Magistrates who, having the status of specialist in the criminal order obtained through the exceeding the selective tests that the General Council of the Judicial Branch regulates, have a better place in its scale. In the absence of these, it will be for those Magistrates who have served in the criminal court order for 10 years within 15 years immediately prior to the date of the call, to have a better place in the scalafon. The age in mixed organs shall be computed in the same way as these effects. Failing this, the person who is best placed on the ladder will be appointed. "

Twenty-one. Article 82 (2), paragraph 2, is amended and read as follows:

" 2. of the remedies established by law against decisions given in the first instance by the Courts of the Commercial, except for those that are dictated in condones incidents that resolve questions of labor matters, One or more of its Sections shall be specified for this purpose in accordance with the provisions of Article 98 of this Law. These specialised sections shall also be aware of the resources laid down by the law against decisions taken by the courts of first instance in proceedings relating to competitions of natural persons and individual actions. relating to general conditions of employment. '

Twenty-two. A new paragraph 6 is added to Article 85, which is worded as follows:

" 6. Of natural person contests other than an employer in accordance with the terms laid down in its Regulatory Law. "

Twenty-three. Article 86 (1) and (2) are amended as follows:

" 1. The Court of Trade shall know how many questions are raised in respect of the court, in the terms laid down in its Law and without prejudice to the provisions of Article 85.6. In any event, the jurisdiction of the judge of the contest shall be exclusive and exclusive in the following matters:

1. "Civil actions with heritage importance" that are directed against the patrimony of the property, with the exception of those exercised in the processes of capacity, affiliation, marriage and minors to which it refers Title I of book IV of Law 1/2000, of January 7, of Civil Procedure. With the same scope you will know of the action referred to in Article 17.1 of Law 22/2003, of July 9, Bankruptcy.

2. The social actions aimed at the extinction, modification or collective suspension of work contracts in which the contract is an employer, as well as the suspension or termination of contracts of senior management, without prejudice to the fact that, where such measures entail changes to the conditions laid down in collective agreements applicable to such contracts, the agreement of the employees ' representatives shall be required. In the prosecution of these matters, and without prejudice to the application of the specific rules of the Insolvency Law, the inspiring principles of statutory statutory and labour-process regulations must be taken into account.

3. All execution against the assets and rights of patrimonial content of the estate, whatever organ may have ordered it.

4. Any precautionary measure affecting the estate of the person concerned, except those adopted in the civil proceedings which are excluded from its jurisdiction in the number 1. and without prejudice to the precautionary measures which may be decree the arbitrators during an arbitration procedure.

5. º Those in the insolvency proceedings should be adopted in relation to free legal assistance.

6. Actions to require civil liability, the auditors or, where appropriate, the liquidators, to be responsible for civil liability for the damage caused to the person concerned during the procedure.

2. The Courts of the European Trade Union shall also be aware of all matters falling within the jurisdiction of the civil court in respect of:

(a) The claims in which actions relating to unfair competition, industrial property, intellectual property and advertising are exercised, as well as all those matters within this jurisdiction to be promoted to the amparo of the regulatory regulation of commercial and cooperative societies.

(b) The claims to be promoted under the rules of transport, national or international.

(c) Those claims relating to the application of maritime law.

(d) The collective actions provided for in the legislation relating to general conditions of employment and the protection of consumers and users.

e) The remedies against the resolutions of the General Directorate of the Registers and the Notary in matters of appeal against the qualification of the Commercial Registrar, in accordance with the provisions of the Mortgage Law for this procedure.

(f) The procedures for applying Articles 81 and 82 of the Treaty establishing the European Community and its secondary legislation, as well as the procedures for the application of articles to be determined by the Law on the Defence of Competence. "

Twenty-four. Article 87a (2) is amended and read as follows:

" 2. Without prejudice to the provisions of the current legislation on demarcation and judicial plant, the Government, on a proposal from the General Council of the Judicial Branch and, where appropriate, with a report from the Autonomous Community with jurisdiction in matters of justice, may establish by royal decree that the Courts of Violence on Women that are determined extend their jurisdiction to two or more parties within the same province. "

Twenty-five. Points (a) and (d) are amended and a new point (g) is added to Article 87b (1), which shall be as follows:

" (a) The instruction of the proceedings to require criminal liability for the offences listed in the titles of the Criminal Code relating to homicide, abortion, injury, injury to the foetus, crimes against freedom, crimes against moral integrity, against sexual freedom and indemnity, against privacy and the right to the image itself, against honour or any other offence committed with violence or intimidation, provided that they have been committed against whomever or his wife, or woman who is or has been linked to the author by a similar relationship of affectivity, even if they do not live together, as well as of the duties on the descendants, their own or the wife or the survivor, or on the minors or persons with the judicial modified capacity which, with their co-existence, are subject to the power, protection, curatella, a welcoming or de facto guardian of the wife or a living person, when there has also been an act of gender-based violence. "

"(d) From the knowledge and failure of the minor offences that is attributed to them by law when the victim is one of the persons referred to as such in point (a) of this paragraph."

" (g) The instruction of the proceedings to require criminal liability for the offence of breach provided for and punishable in Article 468 of the Criminal Code when the person offended by the offence whose conviction, precautionary measure or A measure of security has been broken, whether or not it has been his wife, or woman who is or has been linked to the author by an analogous relationship of affectivity, even without coexistence, as well as the descendants, his own or the wife or the living children or persons with a judicially modified capacity who, with their living side, are subject to the power, guardianship, curatelle, welcoming or de facto guardian of the wife or survivor. "

Twenty-six. Article 98 is amended as follows:

" Article 98.

1. The General Council of the Judicial Branch may agree, after a report by the Chambers of Government, that in those constituencies where there is more than one Court of the same class, one or more of them shall assume, on an exclusive basis, the knowledge of certain classes of cases, or of the execution of the order in question, without prejudice to the support tasks which may be provided by the common services which the effect is intended to constitute.

2. The General Council of the Judiciary may agree exceptionally and for the time to be determined, with a favourable report from the Ministry of Justice, heard by the Government Chamber and, where appropriate, the Autonomous Community with powers in respect of Justice, which one or more courts of the same province and of the same judicial order assume the knowledge of certain classes or matters of affairs and, where appropriate, of the executions which of the same dimanen, without prejudice to the tasks of support which may be provided by the common services constituted or constituted.

In these cases, the specialized organ or organs will assume the competence to know of all those matters that are the subject of such specialization, even if their initial knowledge is attributed to organs located in different judicial party.

This agreement cannot be adopted in order to attribute to the organs thus specialized matters that are legally available to others of different kind. They shall also not be subject to specialisation in this way through the Courts of Instruction, without prejudice to any other relief measures for distribution or reinforcement that may be necessary for the needs of the service.

3. This agreement shall be published in the "Official State Gazette" and shall produce effects from the beginning of the year following that in which it is adopted, unless otherwise justified by reason of urgency.

4. The Courts concerned will continue to be aware of all pending proceedings before them until their conclusion. "

Twenty-seven. Article 163 is deleted.

Twenty-eight. Article 167 is amended as follows:

" Article 167.

1. Where there are two or more courts of the same jurisdiction, the cases shall be distributed between them in accordance with the rules of delivery laid down. The rules for distribution shall be adopted by the Board of Governors of the High Court of Justice, on a proposal from the Board of Judges of the respective court. At the request of the person concerned, the Board of Judges may propose that a Judge on the distribution of cases be released, in whole or in part, for a limited period of time when the good administration of justice makes it necessary. The agreement shall be forwarded to the Governing Board for approval, if it is relevant, to the Chamber of Government. The amendments to be adopted in the rules of distribution may not affect the procedures in the process.

2. The Chamber of Government may agree to the precise changes in the rules for the distribution of the Courts of the Commercial, the Criminal, the Minor, the Penitentiary Surveillance, the Administrative or the Social, to balance the distribution The Court of Justice of the Court of Justice of the Court of Justice of the European Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, Lower-level constituency in the province.

3. The distribution will be carried out by the Court of Justice under the supervision of Judge Dean, which will be responsible for resolving the questions raised and correcting any irregularities that may arise. take the necessary measures and, where appropriate, promote the need for the responsibilities to be carried out. "

Twenty-nine. Article 199 (2) is amended and read as follows:

" 2. In the National Court, where they are not in sufficient number to constitute a Chamber, other Magistrates appointed by the President of the Chamber or, where appropriate, of the Court shall be completed in accordance with a shift in which they shall be Those who are free to point out and, among them, the most modern. Failing that, a Deputy Magistrate shall be called in accordance with the provisions of paragraph 2 of the following Article. '

Thirty. Paragraphs 4 and 5 are deleted and Article 200 (2) is amended, which is read as follows:

" 2. For the purposes of the foregoing article, there may be in the National Court, in the High Courts of Justice and in the Provincial Hearings a list of non-members of the Judicial Race, who will be calls to form Room according to the ranking established within each order or court order for which they have been appointed.

For your appeal, the budgetary availability and the priority set out in the previous article must be respected, without ever being able to form a Chamber more than one alternate Magistrate. "

Thirty-one. A paragraph 4 is added to Article 216 bis.3, with the following wording:

" 4. Exceptionally, where the peculiarities of the reinforcement prevent the commission of service from being served by a single Judge throughout its temporary extension, the General Council of the Judicial Branch may authorize its performance to be carried out by those who voluntarily participate in the replacement plans of the judicial body to be strengthened, subject to the sequence of appeal among them that the General Council of the Judicial Branch itself establishes. "

Thirty-two. Article 230 is amended as follows:

" 1. The Courts and the Courts and the Fiscalis are obliged to use any technical, electronic, computer and telematic means, put at their disposal for the development of their activity and exercise of their functions, with the limitations that the use of such means establishes Chapter I bis of this Title, the Organic Law 15/1999, of December 13, of the Protection of Personal Data and the other laws that are applicable.

The general or singular instructions for the use of new technologies that the General Council of the Judiciary or the Attorney General of the State address to the Judges and Magistrates or the Prosecutors, respectively, determining their use, they will be enforced.

2. Documents issued by the preceding media, whatever their support, shall be valid and effective in an original document provided that their authenticity, integrity and compliance with the requirements laid down by them are guaranteed. procedural laws.

3. Recorded and documented oral performances and views in digital media cannot be transcribed.

4. The processes that are processed with computer support shall ensure the identification and exercise of the judicial function by the body that exercises it, as well as the confidentiality, privacy and security of personal data that contain in the terms that you set the law.

5. Persons who demand judicial protection of their rights and interests may relate to the Administration of Justice through the technical means referred to in paragraph 1 where they are compatible with those of the Courts and Courts and the guarantees and requirements laid down in the procedure in question are respected.

6. Software and software applications used in the Administration of Justice shall be informed by the General Council of the Judiciary.

The computer systems used in the Administration of Justice shall be compatible with each other in order to facilitate their communication and integration, in terms determined by the State Technical Committee of the Administration. Electronic Justice. "

Thirty-three. Paragraph 2 is amended and a paragraph 3 is added to Article 232, which shall be worded as follows:

" 2. The list of the court's statements must be made public. Lawyers of the Administration of Justice shall ensure that the competent officials of the Office of the Court of Justice publish in a place visible to the public, on the first working day of each week, the relationship of statements corresponding to their respective judicial body, with an indication of the date and time of its conclusion, type of action and number of proceedings.

3. Exceptionally, for reasons of public policy and the protection of rights and freedoms, the Judges and Courts may, by means of a reasoned decision, limit the scope of the advertising and agree on the secret character of all or part of the actions. "

Thirty-four. Article 234 is amended as follows:

" Article 234.

1. Lawyers of the Administration of Justice and competent officials of the Judicial Office shall provide the persons concerned with information as to the status of the proceedings, which they may examine and know, unless they are or have been declared secret or reserved in accordance with the law.

2. The parties and any person who accredits a legitimate and direct interest shall have the right to obtain, in the form laid down in the laws of procedure and, where appropriate, in Law 18/2011 of 5 July, regulating the use of information technologies and the communication in the Administration of Justice, simple copies of the documents and documents which are in the file, not declared secret or reserved. They shall also be entitled to be issued with testimonies and certificates in cases and through the course established in the procedural laws. "

Thirty-five. A new Article 235 a is added, which is worded as follows:

" Article 235 bis.

Without prejudice to the provisions of the second subparagraph of Article 236 (1) and of the restrictions which, where appropriate, may be laid down in the laws of procedure, access to the text of the judgments, or (a) certain extremes of the same, or other decisions rendered within the process, may only be carried out after the dissociation of the personal data which they contain and with full respect for the right to privacy, to the rights of persons who require a special duty of protection or the guarantee of the anonymity of the victims or impaired, where applicable.

In any case, the necessary measures shall be taken to prevent the judgments and other decisions rendered within the process from being used for purposes contrary to the law. "

Thirty-six. A new Chapter I bis is added to Title III of book III, which includes Articles 236 a to 236 decies, being worded as follows:

" CHAPTER I BIS

Protecting personal data in the scope of the Administration of Justice

Article 236 bis.

The processing of data carried out on the occasion of the processing by the courts of the processes of which they are competent, as well as the one carried out within the administration of the judicial office will be subject to the Organic Law 15/1999, of 13 December, of Protection of Personal Data and its implementing rules, without prejudice to the specialties established in this Chapter.

Article 236 ter.

1. The Courts may treat personal data for judicial or non-jurisdictional purposes. In the first case, the treatment will be limited to the data as long as they are incorporated into the processes that they know and their purpose is directly related to the exercise of the jurisdiction.

2. The Courts will maintain, with full respect for the guarantees and rights established in the regulations of personal data protection, the files that are necessary for the processing of the processes that are followed, as well as those that are required for proper management.

Such files shall be classified in jurisdictional and non-jurisdictional terms, taking into account the nature of the processing of the data that integrates them.

Article 236 c.

In accordance with the provisions of Article 11.2 of Organic Law 15/1999 of 13 December, the consent of the person concerned shall not be necessary for the courts to proceed with the processing of the data in the exercise of the jurisdiction, whether they are provided by the parties or requested by the Court itself, without prejudice to the provisions of the procedural rules for the validity of the test.

In the case of data processed for non-jurisdictional purposes, the provisions of the Organic Law 15/1999 of 13 December.

Article 236 quinquies.

1. The Judges and Courts, and the Letters of the Administration of Justice in accordance with their procedural powers, may take the measures necessary for the deletion of the personal data of the documents to which the parties during the processing of the process as long as they are not necessary to ensure their right to effective judicial protection.

In the same way they shall proceed with regard to the access by the parties to the personal data which may contain the judgments and other decisions rendered within the process, without prejudice to the application in the other cases of set out in Article 235 a.

2. In any event, the provisions of the personal data protection legislation shall apply to the processing of the data by the parties which have been disclosed to them in the development of the process.

3. The General Council of the Judiciary and the Ministry of Justice may be assigned, as appropriate, data processed for judicial purposes which are strictly necessary for the exercise of the established inspection and control functions. in this Act.

4. Data processed for non-jurisdictional purposes may be transferred between the courts or by the courts to the General Council of the Judiciary or the Ministry of Justice where this is justified by the interposition of an appeal or necessary for the exercise of the powers legally conferred on them.

Article 236 sexies.

1. For the purposes set out in Organic Law 15/1999 of 13 December, the court or judicial branch in which the proceedings of which the data is incorporated into the file, and within the He shall decide who has the jurisdiction conferred by the rules in force in accordance with the application received from the citizen.

It shall also be responsible for the non-jurisdictional files of the Judicial Office corresponding to the judicial body with which the data relating thereto are incorporated.

2. The provisions of the foregoing paragraph shall be without prejudice to disciplinary liability which may correspond to who, where appropriate, has been the cause of the commission of an infringement in respect of the protection of character data. personnel, as referred to in Article 46.2 of the Organic Law 15/1999 of 13 December.

3. In any event, it shall be for the Office of the Administration of Justice to indicate in the establishment agreement to ensure that measures are taken to prevent the alteration, loss, treatment or unwanted access to personal data. incorporated into the files, both jurisdictional and non-jurisdictional, with the condition of the security officer for the purposes provided for in the personal data protection legislation.

Article 236 septies.

1. The files of personal data of the Courts shall be created, modified or deleted by agreement of the General Council of the Judicial Branch, adopted on a proposal from the Government Chamber of the Supreme Court, the National Court or the Higher Court of Justice or organ of the competent administration in the field of Justice concerned.

The agreement for the creation, modification or deletion of the files will be in accordance with the provisions of the legislation in force on the protection of personal data and will be published in the "Official State Gazette" and, in their case, in the official journals of the Autonomous Communities.

2. Once the agreement has been published, the General Council of the Judiciary will transfer it for registration in the General Data Protection Registry of the Spanish Data Protection Agency.

Article 236 octies.

1. Requests for the exercise of rights of access, rectification, cancellation and opposition in relation to data processed for judicial purposes shall be processed in accordance with the rules applicable to the process in which the data were collected, the provisions laid down for the purpose of the legislation in force on the protection of personal data are not applicable.

Access to the data subject to treatment for judicial purposes shall be refused in any case where the judicial proceedings in which the information was collected have been declared secret or reserved.

2. In the case of data subject to treatment for non-jurisdictional purposes, the persons concerned may exercise their rights of access, rectification, cancellation and opposition in the terms laid down in the legislation in force on the protection of personal data, directing their application to the competent official to decide in accordance with the rules in force which is responsible for the file referred to in the second subparagraph of Article 236 (1).

Article 236 nonies.

1. The powers that the Organic Law 15/1999, of December 13, attributes to the Spanish Agency for Data Protection, will be exercised, with respect to the treatments carried out for jurisdictional purposes and the files of this nature, by the Council General of the Judiciary.

2. The data processing carried out for non-jurisdictional purposes and their corresponding files will be subject to the competence of the Spanish Data Protection Agency, providing the General Council of the Judicial Branch with the same information. collaboration that to the precise effect.

The General Council of the Judiciary may adopt the regulatory measures it deems necessary to ensure compliance, in the treatment of data for non-jurisdictional purposes and the non-jurisdictional files, the security measures laid down in the rules in force on the protection of personal data.

3. Where, on the occasion of the conduct of investigations in connection with the possible commission of an infringement of the data protection rules, the competent authorities referred to in the above two paragraphs the existence of indications that the other authority is responsible for, shall immediately transfer the authority to the latter in order to proceed with the processing of the procedure.

Article 236 decies.

1. The data processing carried out by the General Council of the Judicial Branch in the exercise of its powers shall be subject to the provisions of the legislation in force on the protection of personal data. Such treatments shall not in any case be considered for jurisdictional purposes.

2. The files of personal data of the General Council of the Judicial Branch and its constituent bodies shall be created, modified or deleted by agreement of the General Council of the Judiciary, on a proposal from the General Secretariat, which has the status of responsible for the treatment with respect to the same.

Once the agreement has been published, the General Council of the Judiciary will transfer it for registration in the General Data Protection Registry of the Spanish Data Protection Agency. "

Thirty-seven. Article 264 is amended and read as follows:

" Article 264.

1. The Magistrates of the various Sections of the same Chamber shall meet for the unification of criteria and the coordination of procedural practices, especially in cases where the Magistrates of the various Sections of the same Chamber or Court In their resolutions, they have a diversity of interpretative criteria in the application of the law in substantially equal matters. To that end, the President of the Chamber or the Court of Justice shall, on its own or at the request of the majority of its members, convene a court to hear one or more of these matters in order to unify the criterion.

2. All the Magistrates of the Chamber concerned shall be part of this Plenary and shall be aware of the matter in which the discrepancy has become apparent.

3. In any event, the independence of the Sections for the prosecution and resolution of the different processes of their knowledge will remain safe, even if they will have to motivate the reasons why they depart from the agreed criterion. "

Thirty-eight. Article 269 is amended as follows:

" Article 269.

1. The Courts and Courts may only hold trials or hearings of matters outside the population of their headquarters when the law so authorizes.

2. However, the General Council of the Judiciary, when the circumstances or the good service of the administration of justice advise it, and at the request of the Boards of Government of the Supreme Courts of Justice, may provide that the Courts and tribunals or chambers of the Courts or Audiences are constituted in a different population of their headquarters to dispatch the cases corresponding to a particular territorial scope understood in the constituency of those.

3. Likewise, the Chambers of Government of the Supreme Courts of Justice, after determining the number of causes justifying the transfers of the Courts outside its seat and whenever its displacement is justified by a better The Court of Justice will provide that the Judges of the Criminal, assisted by the Court of Justice, are constituted to hold oral trials in the cities where the Courts are based, which have instructed the causes of it is up to them to The Court of Instruction and the officials who serve on them shall in these cases provide the necessary cooperation. "

Thirty-nine. Article 276 is amended, which is worded as follows:

" Article 276.

Requests for international cooperation shall be dealt with in accordance with the provisions of international treaties, European Union rules and Spanish laws that are applicable. "

Forty. Article 277 is amended as follows:

" Item 277.

The Spanish Courts and Courts shall provide the foreign judicial authorities with the cooperation they request for the performance of their judicial function, in accordance with the provisions of the treaties and conventions. International agreements on which Spain is a party, the rules of the European Union and the Spanish laws on this matter. "

Forty-one. Article 278 is amended as follows:

" Article 278.

The provision of international cooperation will only be denied by the Spanish Courts and Courts:

1. º When the object or purpose of the requested cooperation is manifestly contrary to public order.

2. º When the process of the application for cooperation is the exclusive competence of the Spanish jurisdiction.

3. When the content of the act to be carried out does not correspond to the privileges of the requested Spanish judicial authority. In such a case, it shall forward the application to the competent judicial authority, informing the requesting judicial authority thereof.

4. When the application for international cooperation does not meet the minimum content and requirements required by the laws for processing. "

Forty-two. Article 296 is amended, which is worded as follows:

" Article 296.

1. The damages caused by the Judges and Magistrates in the performance of their duties shall, where appropriate, give rise to the responsibility of the State for judicial error or for the abnormal functioning of the Administration of Justice without, under any circumstances, may be harmed directly against those.

2. If the damages prove to be of the intent or gross fault of the Judge or Magistrate, the General Administration of the State, once satisfied the compensation to the injured person, may require, by way of administrative procedure In accordance with the provisions of this Law, the responsible Judge or Magistrate shall be responsible for the reimbursement of the amount paid without prejudice to the disciplinary responsibility in which the latter may incur.

The intent or the grave fault of the Judge or Magistrate may be recognized in judgment or in judgment given by the General Council of the Judiciary in accordance with the procedure determined by it. For the requirement of such liability, the following criteria shall be weighted among others: the harmful result produced and the existence or not of intentionality. "

Forty-three. Article 297 is deleted.

Forty-four. Article 301 (8) is amended and read as follows:

" 8. A quota of not less than five per cent of vacancies to be covered between persons with disabilities in grade equal to or greater than 33 per cent will also be reserved in the call, provided they pass the selective tests and credit the the degree of disability and the compatibility of the performance of the relevant tasks and tasks in the manner determined by regulation. The entry of persons with disabilities into the judicial and fiscal careers will be inspired by the principles of equal opportunities, non-discrimination and compensation of disadvantages, and, where appropriate, the adaptation of the processes selective to the special needs and singularities of these persons, through the reasonable adaptations and adjustments of times and means in the selective processes.

Also, once these processes have been overcome, reasonable adaptations and adjustments will be made to the needs of persons with disabilities of any kind in the workplace and in the workplace environment of the public dependency where they develop their activity. "

Forty-five. Article 329 (3) is amended and read as follows:

" 3. The competitions for the provision of the Juvenile Courts will be resolved in favor of those who, having the category of Magistrate and crediting the corresponding specialization in matters of minors in the Judicial School, have better place in their scalafon. Failing that, they will be covered by magistrates who have served at least three years of service, within five years before the date of the convocation, in the jurisdiction of minors. In the absence of such information, they shall be covered by the order of seniority referred to in paragraph 1

Those who got the place, as well as those who obtained it when the vacancies had to be covered by promotion, must participate before they take possession of their new destination in the activities of specialization in the field of minors and in the field of gender-based violence established by the General Council of the Judiciary. "

Forty-six. Article 339 is amended, which is worded as follows:

" Article 339.

The President of the National Court and the Presidents of the High Courts of Justice, when they cease to be in office, shall be assigned, at their choice, to the Court or Hearing in which they cease or to whom they came into office. last destination, until the award of the corresponding place of which you have chosen. If they have exhausted the whole of the first period for which they were appointed, they shall, in addition, for the three years following the end of the period, be given preference to any place in their category of which they must be provided by voluntary competition and for which special preference or reservation is not recognized as a specialist. "

Forty-seven. Article 340 is amended as follows:

" Article 340.

The Presidents of the Chamber of the National Court, the Presidents of the Chambers of the Supreme Courts of Justice and the Presidents of the Provincial Hearings who will cease in their office shall be assigned to the Court of Justice. o Hearing in which they cease or to which they came at their last destination, until the award of the corresponding place of which they have chosen. If they have exhausted the whole of the first period for which they were appointed, they shall, in addition, for the two years following the end of the period, be given preference to any place in their category of which they must be provided by voluntary and non-voluntary competition. special preference or reservation is recognized as a specialist. "

Forty-eight. A new Article 344 a is added, which is worded as follows:

" Article 344 bis.

1. The Magistrates from the Military Legal Corps will be appointed to occupy places in the Military Chamber of the Supreme Court by royal decree, endorsed by the Minister of Justice and on the proposal of the General Council of the Judiciary, between General Counsellors and General Auditors with aptitude for the promotion of active duty.

2. For reasons of the nomination proposal, the General Council of the Judicial Branch will request, prior to the applicants, an exhibition of their merits in the terms of this Law, as well as the Ministry of Defense. that you consider necessary in your case. "

Forty-nine. Article 347 a is amended as follows:

" Article 347 bis.

1 In each Superior Court of Justice, and for the territorial scope of the province, the places of Judges of territorial affiliation as determined by Law 38/1988, of 28 December, of Demarcation and of Plant, shall be created. Judicial.

2. The territorial integrity judges shall exercise their judicial functions in places which are vacant, such as reinforcement of judicial bodies or in those places where the holder is absent for any circumstance.

The designation for these functions shall be the responsibility of the President of the High Court of Justice of which they are dependent, which shall subsequently account for the respective Government Room.

The Board of Governors of the High Court of Justice shall inform the General Council of the Judicial Branch of the situation and the fate of the judges of territorial integrity of its respective territory.

3. In the pluriprovincial autonomous communities and where the reasons for the service so require, the President of the High Court of Justice may make appeals for judicial bodies of another province belonging to the territorial This Court.

4. Where the territorial integrity court performs replacement functions, it shall do so with full jurisdiction in the body concerned. It shall also be the responsibility of the Boards of Judges and other acts of representation of the judicial body to replace, in the absence of their holder.

5. Where the territorial integrity court exercises a strengthening function, it shall be the responsibility of the Governing Board to set the objectives of that reinforcement and the appropriate division of cases, subject to the hearing of the Judge of the strengthened judicial body.

6. The displacements of the territorial integrity judge shall give rise to the compensation which is determined by the service for the purpose of the service.

7. In the Autonomous Communities where there is more than one official language or they have their own civil law, the provisions laid down for that purpose in this Law shall apply to the provision of these places. '

Fifty. Paragraph 1 is amended and a paragraph 3 is added to Article 386, which shall be worded as follows:

" 1. Retirement by age of the Judges and Magistrates is enforced and shall be made in good time for the cessation of the function to occur effectively at the age of seventy.

However, they will be able to request two months in advance of the extension of the stay in the active service until they meet at most seventy-two years of age. Such a request shall bind the General Council of the Judiciary who may refuse it only if the applicant fails to comply with the age requirement or when the application is submitted outside the prescribed period. "

" 3. The Judges and Magistrates shall retain the honours and treatments corresponding to the category reached at the time of retirement. "

Fifty-one. Articles 411, 412 and 413 are deleted.

Fifty-two. Article 416 (2) is amended and read as follows:

" 2. Very serious faults will be prescribed at two years, the serious ones a year and the mild ones at six months.

The limitation period will begin to be counted after the failure has been committed. However, in the case provided for in Article 417.5, the limitation period shall be initiated on the basis of the firmness of the judgment or of the judgment given by the General Council of the Judiciary which declares the civil liability of the Judge or Magistrate. "

Fifty-three. Article 417 (5), which is worded as follows, is amended as follows:

" 5. Actions and omissions which have resulted in a declaration of civil liability in respect of the exercise of the function by the General Council of the Judiciary or in a firm judgment given by the General Council of the Judiciary Article 296 (2) "

Fifty-four. Article 420 (2) is amended and read as follows:

" 2. Minor faults may only be sanctioned with a warning or a fine of up to EUR 500 or both; the serious ones with a fine of 501 to EUR 6,000, and the very serious ones with suspension, forced removal or separation. "

Fifty-five. Article 438 (3) is amended and read as follows:

" 3. The Ministry of Justice and the Autonomous Communities in their respective territories shall be competent for the design, creation and organization of the common procedural services, with functions of registration and distribution, acts of communication, assistance judicial decisions, the enforcement of judgments, voluntary jurisdiction, mediation and procedure management. The Chambers of Government and the Boards of Judges may request the Ministry and the Autonomous Communities to set up common services, in accordance with specific needs.

They may also create common procedural services to assume other functions other than those related to this issue, in which case the favorable report of the General Council of the Judiciary will be required. "

Fifty-six. Article 440 is amended as follows:

" Article 440.

Lawyers of the Administration of Justice are civil servants who constitute a legal, single, national higher body, serving the administration of justice, under the Ministry of Justice, and who exercise their functions with the character of authority, having the address of the Judicial Office. "

Fifty-seven. Article 441 is amended as follows:

" Article 441.

1. The posts whose performance is reserved for the Body of Letters of the Administration of Justice, are classified in three categories, taking place the entry in the same by the third category.

2. Any Attorney of the Administration of Justice shall have a personal category.

The consolidation of the personal category requires the performance of jobs corresponding to that category for at least five consecutive years or seven with interruption.

3. A higher category may not be consolidated without having previously consolidated the lower category, but the performance time of a top-rated position shall be computable for the purposes of the consolidation of the lower one.

4. It will not be possible to use the same time period to consolidate different categories.

5. In no case shall a Letrado of the Administration of Justice of the third category qualify for a place of the former.

6. The consolidated category only operates as a guarantee of the collection of the salary corresponding to it, when a position of lower category is occupied.

7. The Ministry of Justice shall establish the three groups in which the posts to be performed by the Letters of the Administration of Justice shall be classified. "

Fifty-eight. Article 442 (2), which is worded as follows, is amended as follows:

" 2. Thirty percent of the vacant positions will be reserved for its provision, subject to authorization by the Ministry of Finance and Public Administrations, through internal promotion through the system of opposition by the officials of the Ministry of Finance. Professional and Administrative Management Corps career that will bring, at least, two years of effective service in the same. For this purpose, the services provided in the Office of the Officers of the Administration of Justice shall be taken into account, where appropriate.

The remaining vacancies, increased by those not covered by internal promotion, if any, shall be covered in free time by opposition or, where appropriate, opposition, subject to the provisions of the provisions of this Article. Current budgetary positions in the field of public employment supply.

In the absence of a public employment offer, the Ministry of Justice, with extraordinary character and prior authorization from the Ministry of Finance and Public Administrations, may convene a specific internal promotion process. when the circumstances in the Administration of Justice advise. The number of places called by this system may not exceed 15% of the vacancies. In this case, places that are not covered may not be offered for free duty. "

Fifty-nine. Article 443 (1) is amended, which is read as follows:

" 1. The entry into the Administration of Justice's Letrates Body is produced by compliance with the following conditions:

a) Meet the requirements and meet the conditions required in the call.

b) Superation of selective processes.

c) Appointment issued by the Minister of Justice and published in the "Official State Gazette".

d) Pledge or promise to faithfully fulfill the duties of the office and to keep and keep the Constitution as a fundamental rule.

e) Taking possession within the set deadline. "

Sixty. A new Article 44a is added, which is worded as follows:

" Article 44a.

The Ministry of Justice will approve each year the scale of the Justice Administration's Letrates Corps, which will be published in the "Official State Gazette" and will include the personal and professional data that will be published. establish regulations. "

Sixty-one. Article 444 is amended, which is worded as follows:

" Article 444.

1. Officials of the Administration of Justice's Department of Letters shall have equal individual rights, collectives and duties, as laid down in the Book VI of this Law, with the provisions of the Basic Staff Regulations. Public Employee and the rest of the state regulations on civil service.

2. Without prejudice to their development and implementation in the organic regulation, the following professional rights are recognised:

(a) Librances, in those cases where an unpaid dedication or service is provided, in terms that are determined to be regulated.

(b) Professional Specialisation in those areas, orders and matters which are regulated.

c) Free professional association.

(d) To ensure that their professional associations are heard in all matters affecting their organic status.

3. The arrangements set out in the preceding paragraphs shall apply to the provisions of the Substitute Justice Administration, in so far as the nature of the right permits. "

Sixty-two. Article 445 (1) is amended, which is worded as follows:

" 1. The administrative situations in which the Letters of the Administration of Justice can be found, as well as their retirement, shall be the same and shall make their declaration in the cases and with the effects established in this Law for Judges and Magistrates.

However, the Letters of the Administration of Justice that are presented as candidates for access to representative public offices in the European Parliament, Congress of Deputies, Senate, Legislative Assemblies of the Autonomous Communities or Local Corporations, may be dispensed, upon request, of the provision of the service in their respective judicial offices, during the duration of the electoral campaign. This permit may be granted by the Secretary-General of the Administration of Justice.

In addition, special services may be found in the situation of special services of the Administration of Justice that are designated as charged to the Civil Registry in accordance with the provisions of the Civil Registry Law and its rules of development. "

Sixty-three. Article 446 is amended as follows:

" Article 446.

1. Lawyers of the Administration of Justice shall abstain in cases established for Judges and Magistrates and, if they do not, may be challenged.

2. Abstention shall be made in a reasoned written form to the Provincial Coordinating Secretary, who shall decide on the matter.

If abstention is confirmed, the Justice Administration's Letrado has to be replaced by its legal substitute; if it is denied, it must continue to act in the case.

3. The provisions of this Law for Judges and Magistrates in Article 223 shall apply to the recusal of the Letters of the Administration of Justice, with the following exceptions:

(a) The Letters of the Administration of Justice may not be challenged during the practice of any diligence or performance that they are in charge of.

b) The recusal piece shall be resolved by the Secretary of Government.

c) Submitted the recusal document, the Challenged Justice Administration's Letting will report in detail in writing whether or not to acknowledge as true and legitimate the alleged cause.

d] When the recusal recognizes the cause of the recusal as true, the Secretary of Government will have him by decree, if he considers that the cause is legal. If he considers that the cause is not of the kind in the law, he will declare that there is no place for the challenge. No recourse shall be made against the recusal decree.

e) Where the recusal denies the certainty of the alleged cause as the basis of the recusal, the instructor, if he admits to the proposed recusal, will order the practice, within ten days, of the requested test that it is relevant and the one it deems necessary, transferring them to the Prosecutor's Office for a period of three days. After that period, with or without a report from the Prosecutor's Office, the recusal will be decided within the next five days. No appeal shall be brought against that decision.

f) The Letter of the Administration of Justice recused, from the time the recusal is filed, will be replaced by its legal substitute. "

Sixty-four. The first subparagraph of Article 447 (5) is amended, which is read as follows:

" 5. The legal persons of the Substitute Justice Administration shall receive the remuneration corresponding to the post of employment. "

Sixty-five. Article 450 (1) is amended and read as follows:

" 1. The provision of jobs shall be carried out by the tendering procedure, which shall be the ordinary system of provision.

In the case of managerial positions or special responsibility, they may be covered by the free designation procedure.

The Justice Administration's Letrado jobs in the Supreme Court will be covered by the free designation system among those candidates who belong to the first or second category, with an age of at least 20 years in one or both of them and fifteen years of service in the relevant court order.

The appointment of the Administration of Justice for jobs based in the territorial area of an Autonomous Community with assumed powers, to be covered by this procedure, will require the prior report of the competent body of that Community. In any case, the system of provision must be determined in the corresponding employment relationships. "

Sixty-six. Article 451 is amended as follows:

" Article 451.

1. The absence, sickness, suspension or vacancy of Letters of the Administration of Justice shall be covered by the person who designates his immediate superior.

2. This designation must be placed on another Court of Justice, which shall be referred to as an alternate. To this end, the Secretaries of Government will draw up a list of the members of the Law Administration of the Administration of Justice who voluntarily want to participate in the annual plans for the supply of supply. If there is no volunteer, the ordinary alternate shall be appointed, as a matter of fact, to be appointed in accordance with the preceding number. Appeals which take place in accordance with this provision shall be remunerated in the cases and amounts to be determined in accordance with the rules.

3. Exceptionally, where there is not sufficient number of Justice Administration Letters, in the case of entries and records in closed places agreed by a single judicial body of the National Court and which must be carried out by simultaneously, officials from the Management and Administrative Management Corps may, in place of the Justice Administration's Letrado, intervene in the capacity of fedatarios and raise the corresponding record.

4. Where it is not possible to supply the supply in accordance with paragraphs 1 and 2, and there is budgetary availability, the appointment of a replacement Justice Administration shall be made, provided that it complies with the provisions of the qualification requirements for entry into the Administration of Justice's Letrates Corps.

5. The legal regime itself shall be applied to the Letrates of the Substitute Justice Administration, in so far as its nature permits them, to be integrated into the General System of Social Security.

6. If there are officials belonging to the Process Management and Administrative Corps included in the relevant exchange, they will be called as the Substitute Justice Administration with preference over the rest of the substitutes, maintaining its mandatory inclusion in both the social security system and the judicial mutual benefit system. "

Sixty-seven. Article 455 is amended as follows:

" Article 455.

It will be the responsibility of the Justice Administration's Letting to organize the account, which will be done in the terms established in the procedural laws. "

Sixty-eight. Article 456 is amended, which is worded as follows:

" Article 456.

1. The Attorney General of the Administration of Justice will push the process in the terms of the procedural laws.

2. To this end, it shall give the necessary decisions for the processing of the proceedings, except those which the procedural laws reserve for Judges or Courts. These resolutions shall be called proceedings, which may be of order, constancy, communication or execution.

3. A decree shall be called for the decision to be taken by the Court of Justice in order to admit the application, to terminate the procedure for which it has exclusive jurisdiction, or where it is necessary or appropriate to reason decision. It shall be always motivated and shall contain, in separate and numbered paragraphs, the factual background and the basis of law on which it is based.

4. The measures of ordination and the decrees will be used in the cases and forms provided for in the procedural laws.

5. Decisions of a governmental nature of the Letters of the Administration of Justice shall be referred to as agreements.

6. Lawyers of the Administration of Justice, where the procedural laws so provide, shall have jurisdiction in the following matters:

(a) Enforcement, except those powers that are the exception of the procedural laws for being reserved for Judges and Magistrates.

b) Voluntary jurisdiction, assuming its processing and resolution, without prejudice to the resources to be brought.

c) Reconciliation, carrying out the mediating work that is your own.

d) Processing and, where appropriate, resolution of the monitoring procedures.

e) Mediation.

f) Other than expressly provided for. "

Sixty-nine. Article 458 (2) is amended as follows:

" 2. By royal decree the rules governing the management and file of cars and files that are not pending any action, as well as the expunge of the judicial files will be established.

The destruction of cars and judicial files will be carried out for six years from the firmness of the resolution which finally put an end to the procedure which led to the formation of the those. Except for those formed for the instruction of criminal causes followed by crime, as well as the assumptions that could be regulated, especially in the attention to the cultural, social or historical value of the archiving.

Previously, the Court of Justice will grant a hearing for a period of not less than 15 days to the parties who were personated to interest, if any, the breakdown of those original documents. they have provided or exercise the rights conferred upon them by this Act in Articles 234 and 235. "

Seventy. Article 461 (3) is amended and read as follows:

" 3. The National Judicial Statistics Commission, composed of the Ministry of Justice, a representation of the Autonomous Communities with powers in the field, the General Council of the Judicial Branch and the Attorney General of the State, will approve the statistical, general and special plans of the Administration of Justice and shall establish uniform criteria which, where appropriate, take into account the gender perspective and the gender variable, and must be enforced for all on the basis of obtaining, processing, transmitting and operating the statistical data of the system Spanish judicial.

The structure, composition, and functions of the National Judicial Statistics Commission will be regulated by the government, by means of a royal decree, prior to the General Council of the Judicial Branch, of the Prosecutor General. General of the State, the Agency for Data Protection and the Autonomous Communities with competence in the field.

The procedural management systems of the Administration of Justice will in any case allow for the automated extraction of all the data required in the corresponding statistical bulletins. "

Seventy-one. Article 463 (2) is amended and read as follows:

" 2. The higher governing bodies of the Law Administration's Body of Letters are, in a hierarchical order, the following:

(a) The Secretary General of the Administration of Justice.

b) The Secretaries of Government.

c) The Provincial Coordinating Secretaries. "

Seventy-two. Article 464 (3) and (5) are amended as follows:

" 3. He will be freely appointed and removed by the Ministry of Justice. Such appointment shall be made on a proposal from the competent authority of the Autonomous Communities where the latter have jurisdiction over the administration of justice, which may also propose its termination.

In any case for his appointment, a report shall be obtained on the candidate to be appointed by the Ministry of Justice, the Governing Chamber of the Court of Justice and the Council of the Secretariat. For the cities of Ceuta and Melilla the report will be issued by the Government Chamber of the Superior Court of Justice of Andalusia.

The same post of Secretary of Government cannot be held for more than ten years. "

" 5. Those who are appointed to the administration of justice who are appointed as government secretaries shall be reserved, for the duration of that office, to the place where they are appointed prior to that appointment.

During his/her term of office, such a place may be covered by a service commission. "

Seventy-three. Paragraphs 9 and 10 are amended and paragraphs 11 and 12 are added to Article 465, which are worded as follows:

" 9. Grant of permits and licenses to the Letrados of the Administration of Justice of its territory, being able to delegate to the Coordinating Secretary.

10. Know about the incidents of recusal of the Justice Administration's Letrates.

11. Draw up the annual plans for the administration of the Justice Administration and propose to the Ministry of Justice the list of candidates deemed suitable for exercising as the Substitute Justice Administration's (LTRados) in the field of justice territory of each Autonomous Community.

12. The other provisions of the Organic Regulation of the Body of Letters of the Administration of Justice. "

Seventy-four. Article 466 (1) and (4) are amended as follows:

" 1. In each province there shall be a Coordinating Secretary, appointed by the Ministry of Justice under the free designation procedure, on a proposal from the Secretary of Government, in agreement with the Autonomous Communities with assumed powers, between all those who are submitting to the public call.

Before the appointment, the Secretariat shall be heard on the candidate to be appointed by the Ministry of Justice.

In addition, in the Autonomous Community of Balearic Islands there will be a Coordinating Secretary in the islands of Menorca and Ibiza, and in the Autonomous Community of the Canary Islands, another in the islands of Lanzarote and La Palma.

In the uniprovincial Autonomous Communities, the functions of the Coordinating Secretary shall be assumed by the Secretary of Government, except in those who, by reason of the service, are advisable for their existence.

The same position as the Coordinating Secretary will not be available for more than ten years. "

" 4. The Letters of the Administration of Justice who are appointed Secretaries Coordinators shall be reserved for the time to be filled in that position, the place of which they have occupied prior to such appointment.

During his/her term of office, such a place may be covered by a service commission. "

Seventy-five. Paragraphs 7 and 8 are amended and new paragraphs 9 and 10 are added to Article 467, as follows:

" 7. To resolve the supplences and substitutions of the Letters of the Administration of Justice of its scope.

8. To resolve the incidents of abstention of the Letrados of the Administration of Justice that depend on it according to the provisions of this Law.

9. To grant, by delegation of the Secretary of Government, the permits and licenses to the Letters of the Administration of Justice of its territory.

10. The others who establish the laws and their own organic regulations. "

Seventy-six. Article 468 (1), (2) and (3) are amended as follows:

" 1. The Attorney General of the Administration of Justice shall be subject to disciplinary responsibility, in the cases and in accordance with the principles set forth in this Book.

2. No penalty may be imposed by the commission for a serious or very serious misconduct, but on the basis of a disciplinary case instructed to do so, by means of the procedure laid down in the organic regulation of the Administration of Letters of Administration. Justice to be dictated in the development of this Law.

For the imposition of penalties for minor faults, the prior instruction of the file shall not be required, except for the processing of the hearing to the data subject.

In addition to the authors, the superiors who are aware of the facts will be responsible, and will be responsible, as well as those who produce or cover up the very serious and serious faults when these acts are cause serious damage to the Administration or citizens.

3. The Autonomous Communities with assumed powers will be able to bring to the attention of the hierarchical superiors of the Administration of Justice with a destination in judicial offices located in their territory, those conduct of the which may be detrimental to the duty of collaboration established in this Organic Law with the Autonomous Communities.

The competent authority for the opening and processing of disciplinary files shall give an account to those of the decisions to be taken. "

Seventy-seven. A new Article 468 a is added, which is worded as follows:

" Article 468 bis.

Faults can be very severe, severe and mild.

1. Very serious faults are considered:

(a) Failure to comply with the duty of fidelity to the Constitution in the exercise of public function.

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

c) Abandonment of the service.

(d) The adoption of manifestly illegal agreements or resolutions, where serious prejudice to the public interest or injury to the fundamental rights of citizens is caused.

e) The disclosure or use by the Board of Justice of facts or data known in the exercise of its function or on the occasion of its function, when it causes prejudice to the processing of a process or to any person.

f) The improper use of the documentation or information to which they have or have had access by reason of their position or function.

g) Negligence in the custody of documents that result in their dissemination or improper knowledge.

h) Delay, neglect or repeated non-compliance with the functions inherent in the job or duties entrusted to it.

i) The use of the powers assigned to influence electoral processes of any nature and scope.

j) The serious non-compliance with the judicial decisions whose execution they are entrusted with.

k) Serious or repeated disobedience to the oral or written orders or instructions of a superior issued by him in the exercise of his or her powers, relating to the duties or duties of the person concerned, unless they are manifestly illegal.

l) The use of the status of the Justice Administration's Letrado for obtaining an undue benefit for himself or for a third party.

m) The execution of activities declared incompatible by law.

n) The failure to observe the duty of abstention, knowing that some of the legally intended causes are present.

o) Acts preventing the exercise of fundamental rights, public freedoms and trade union rights.

p) Failure to comply with essential services in the event of a strike.

q) Sexual harassment.

r) Serious aggression to any person with whom they relate in the exercise of their duties.

s) The arbitrariness in the use of authority that causes serious injury to the subordinates or the service.

t) The actions and omissions that have resulted in a firm statement to a civil liability declaration in the exercise of the function for the purpose or gross fault.

(u) The commission of a serious misconduct where it has been previously sanctioned by two other serious persons who have acquired firmness, without having been cancelled or the cancellation of the corresponding entries.

2. Serious faults are considered:

(a) Disobedience expresses to the orders or instructions of a superior, issued by him in the exercise of his or her powers, relating to tasks or tasks of the job of the person concerned, unless they are manifestly illegal.

(b) Failure to comply with judicial decisions whose execution has been entrusted to them, where it does not constitute a very serious failure.

c) Arbitrariness in the use of authority in the exercise of its functions when it is not a very serious fault.

d) Negligence in the custody of documents, as well as the misuse of documents or information they know for the purpose of the charge, where such conduct is not a very serious misconduct.

e) The third unjustified lack of assistance over a period of three months.

(f) Negligence, neglect or undue delay in the performance of the duties inherent in the job or duties entrusted to it when it is not a very serious fault.

(g) The exercise of any activity which is capable of compatibility, in accordance with the provisions of Law 53/1984 of 26 December 1984 on the incompatibilities of staff at the service of public administrations, without obtaining the relevant authorization or having obtained it with a lack of veracity in the alleged budgets.

h) The lack of serious consideration with superiors, peers, or subordinates, as well as professionals or citizens.

i) Causing serious damage to documents or work materials, as well as to premises intended for service delivery.

j) The improper use of the computer and material resources used in the exercise of their functions and the failure to comply with the instructions provided for their use, as well as the improper use of the keys access to computer systems.

k) Actions or omissions aimed at circumventing time control systems or to prevent unjustified breaches of the working day from being detected.

l) Stop promoting the requirement of disciplinary responsibility to the personnel who integrate their office, when they know or should be aware of the serious non-compliance with the duties that correspond to them.

m) Hinder inspection tasks.

n) Promote their abstention in a clearly unjustified manner.

o) Repeatedly non-compliance with work schedule without justified cause.

p) The commission of a lack of a slight character, having been previously sanctioned by a firm resolution for two other mild ones, without any cancellation or cancellation of the corresponding annotations.

3. Minor faults are considered:

a) Lack of consideration with superiors, peers or subordinates, as well as professionals or citizens, when it does not constitute a more serious infringement.

(b) Failure to fulfil the duties of his or her post or job or negligence in his/her performance, provided that such conduct does not constitute a more serious infringement.

(c) Disattention or undue delay in the performance of their duties, where it is not more serious.

d) The unjustified absence for a day.

e) Non-compliance with work schedule without justified cause when it does not constitute a serious fault. "

Seventy-eight. A new Article 468 ter is added, which is worded as follows:

" Article 468 ter.

1 In the imposition of sanctions by the competent bodies, the appropriate adequacy or proportionality must be observed between the seriousness of the fact of the infringement and the sanction applied, in particular the following criteria for the graduation of the penalty to be applied:

a) Intentionality.

b) Perjudgment caused to the Administration or to the citizens.

c) Degree of participation in the commission of the fault.

d) Reiteration or recidivism. "

Seventy-nine. A new Article 468 c is added, which is worded as follows:

" Article 468 quater.

1. The sanctions that can be imposed on the Letrados of the Administration of Justice for the faults committed in the exercise of their office are:

a) Aperception.

b) Multa up to 3,000 euros.

c) Suspension of employment and salary.

d) Forced transfer outside the municipality of destination.

e) Separation of the service.

f) Cese in the job position.

2. The penalties provided for in points (c) and (d) of the preceding paragraph may be imposed by the committee on serious and very serious misconduct, the duration of which is based on the circumstances in which the penalty is imposed.

The service separation penalty can only be imposed for very serious faults.

The suspension of duties imposed by the commission of a very serious fault shall not be more than three years and not less than one year. If it is imposed for a serious fault, it shall not exceed one year.

The legal authorities of the Administration of Justice to whom it is sanctioned with forced removal will not be able to obtain a new destination in the municipality of origin for three years, when it would have been imposed for a very serious lack, and for one, where the commission has been involved in a serious misconduct.

The termination penalty at the job will only be applicable to the Alternate Justice Administration's Letrates by commission of serious or very serious misconduct.

The fine penalty can only be imposed by the commission of serious misconduct.

The penalty of warning can only be imposed by the commission of minor faults. "

Eighty. Paragraph 2 is deleted and paragraph 3 of Article 469 (2) is amended and read as follows:

" 2. For the imposition of penalties, they shall be competent:

(a) The Secretary General of the Administration of Justice, the Secretary of Government and the Provincial Coordinating Secretary, for the sanction of warning against those who depended on them.

(b) The Secretary-General of the Administration of Justice, for the penalty of fine.

(c) The Minister of Justice, for the sanction of suspension, forced removal, separation of service and cessation of work. "

Eighty-one. A new Article 469 a is added, which is worded as follows:

" Article 469 bis.

1. Very serious faults will be prescribed at two years, the serious ones a year and the mild ones at six months.

2. The limitation period shall begin to be counted after the failure has been committed.

In cases where the same fact of place at the opening of criminal proceedings and disciplinary proceedings, the periods of limitation of the disciplinary lack will not begin to be computed but from the conclusion of the cause penalty.

3. The limitation period shall be interrupted at the time of notification of the initiation agreement of the disciplinary file, returning to the time limit if the procedure remained paralyzed for more than two months for reasons not attributable to the case. to the expedited.

4. Penalties imposed for very serious misconduct will be imposed at two years; those imposed for serious misconduct a year, and those imposed for minor faults within six months. The limitation period shall begin to be computed from the day following the day on which the decision to impose the sanction becomes final. '

Eighty-two. Article 470 (1) is amended and read as follows:

" 1. The purpose of this Book is to determine the legal status, in accordance with the provisions of Article 122 of the Spanish Constitution, of the officials of the Forensic Medical Corps, of the Faculty of the National Institute of Toxicology and Forensic Sciences, Processing and Administrative Management, Specialist Technicians of the National Institute of Toxicology and Forensic Sciences, Procedural and Administrative Processing, Judicial and Assistant of the Judicial and National Institute of Toxicology and Forensic Sciences. "

Eighty-three. The third subparagraph of Article 475 (b) is amended, which is read as follows:

" The Body of Forensic Physicians. For access to the Corps of Forensic Physicians, it is required to be in possession of the official degrees of Licentiate or Graduate in Medicine and a specialist in Forensic Medicine. "

Eighty-four. Article 476 is amended as follows:

" Article 476.

1. It is up to the Process Management and Administrative Corps to collaborate on the higher level of procedural activity, as well as the performance of their own procedural tasks.

Generally and under the principle of hierarchy, and without prejudice to the specific functions of the job that they perform, it is up to you to:

(a) Manage the processing of the procedures, of which it will account for the interpretation of the Administration of Justice, in particular when certain aspects require a interpretation of the law or of procedural rules, without prejudice to inform the head of the judicial body when required to do so.

(b) Practice and sign the appearances made by the parties in relation to the procedures to be followed in the court, in respect of which they will be able to certify.

c) Document the liens, launches and other acts whose nature so requires, with the character and representation attributed to them by the laws, except that the Letrado of the Administration of Justice considers necessary its intervention, bearing in such acts the consideration of the agent of the authority.

(d) to extend the notes which are intended to bring the data or elements which do not constitute evidence into the procedure together with a view to ensuring their due constancy and subsequent processing, thereby giving the higher authority, as well as making notes, which may be of reference, of summary of the cars and of examination of the procedure to which they relate.

e) Perform the tasks of recording, receiving, and distributing documents and documents relating to matters that were being dealt with in Courts and Tribunals.

(f) Exorder, with knowledge of the Law Administration's Letrado, and at the expense of the person concerned, simple copies of documents and documents which are not declared secret or reserved.

(g) Occupy, in accordance with the terms of the employment relations, the heads of the direct support units and the common procedural services, in which, without prejudice to the performance of the duties assigned to the specific position, they will manage the distribution of the tasks of the staff, responding to the development of the personnel.

(h) Collaborate with the competent administrative management bodies, performing tasks relating to the management of personnel and material means of the unit of the judicial office in which the services are provided, those functions are expressly provided for in the description of the employment relationship of the job.

i) To perform the Secretariat of the Judicial Office of the Groups of Secretaries of the Courts of Peace, of the Courts of Peace of more than 7,000 inhabitants and of the Courts of Peace of less than 7,000 inhabitants in which the workload justify their establishment, as well as the remaining positions of the aforementioned centres of destination attached to the Body of Management and Administrative Management, all in accordance with what is determined in the relevant relations of the jobs, as well as the positions of the administrative units, when the relations (a) to be established, provided that the requirements for knowledge and preparation required for their performance are met.

j) Perform as many functions as possible in order to protect and support victims, as well as support for restorative justice and non-procedural solutions.

(k) Carry out all those functions which are legally or regularily established and any other functions of a similar nature to those of the former which, inherent in the job which is carried out, are entrusted by the hierarchical, organic or functional superiors in the exercise of their powers.

2. The officials of the Management and Administrative Management Body may be appointed as the representatives of the Substitute Justice Administration, provided that the qualifications and other requirements are met, and in accordance with the procedure and with the remuneration to be regulated. "

Eighty-five. Point (g) is amended and a new point (h) is inserted in Article 477, which are worded as follows:

" g) How many functions can be assumed in order to protect and support victims, as well as support for restorative justice and non-procedural solutions.

h) The performance of all those functions which are legally or regulatively established and of any other functions of a similar nature to those of the former which, inherent in the job being performed, are entrusted by the hierarchical, organic or functional superiors, in the exercise of their powers. "

Eighty-six. Article 479 is amended and read as follows:

" Article 479.

1. The Institutes of Legal Medicine and Forensic Sciences are technical bodies attached to the Ministry of Justice, or in their case to those Autonomous Communities with competence in the field, whose main mission is to assist the Administration of Justice. in the field of its scientific and technical discipline.

2. There will be an Institute of Legal Medicine and Forensic Sciences in each city where a Superior Court of Justice has its official seat.

However, the Government, on a proposal from the Ministry of Justice, upon request, if appropriate, of a Autonomous Community with competence in the matter, may authorize the said seat to be that of the administrative capital of the The Autonomous Community in question, where it is different from that of the High Court of Justice.

The Government may also authorize, upon request, if appropriate, a Autonomous Community with competence in the field, the establishment of Institutes of Legal Medicine and Forensic Sciences in the other cities of the field. the territorial jurisdiction of the High Court of Justice in question, with the scope of action to be determined.

With headquarters in Madrid there will be an Institute of Legal Medicine and Forensic Sciences that will serve the various organs of state jurisdiction.

3. By royal decree, on the proposal of the Minister of Justice and prior report of the General Council of the Judiciary and the Autonomous Communities that have received the transfer of means for the functioning of the Administration of Justice, determine the general rules for the organization and operation of the Institutes of Legal Medicine and Forensic Sciences and for the performance of the medical examiners and the rest of the official or labor personnel assigned to them, the Ministry being able to of the competent authority of the Autonomous Community, in the field of their respective powers, the relevant provisions for their development and implementation. In any case, the Institutes of Legal Medicine and Forensic Sciences will have integral forensic assessment units, which may be part of the psychologists and social workers that will be determined to guarantee, among other functions, the specialised assistance to victims of gender-based violence and the design of comprehensive and comprehensive action protocols in cases of gender-based violence. Also within the Institutes will be integrated the rest of psychosocial teams that provide services to the Administration of Justice, including the technical teams 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. Medical examiners are career officials who constitute a National Corps of Higher Graduates in the service of the Administration of Justice.

5. They are the functions of medical examiners:

(a) Technical assistance to Courts, Courts and Fiscales in matters of their professional discipline, issuing reports and opinions in the framework of the judicial process or in the actions of criminal investigation that those request.

b) The optional assistance or surveillance of detainees, injured or sick, who will be under the jurisdiction of Courts, Courts and Fiscalis, in the cases and in the manner that the laws determine.

(c) The issuance of reports and opinions at the request of the Civil Registry, in the cases and conditions to be determined by their specific legislation.

(d) The issuance of reports and opinions, at the request of individuals under conditions to be determined regulatively.

e) The carrying out of teaching, expert or research functions, for reasons of general interest, in accordance with the instructions established by the Ministry of Justice or the Autonomous Community with competence in matters of Justice, within the framework of possible agreements or conventions.

f) The carrying out of research and collaboration functions that derive from their own function, in the terms contemplated regulatively.

6. In the course of procedural or investigative proceedings of any nature initiated by the Prosecutor's Office, the staff assigned at the Institutes of Legal Medicine and Forensic Sciences shall be at the orders of the Judges and Prosecutors, exercising its functions with full independence and under strictly scientific criteria.

7. Medical examiners will be stationed at an Institute of Legal Medicine and Forensic Sciences or the National Institute of Toxicology and Forensic Sciences. In the Institutes of Legal Medicine and Forensic Sciences, the official staff to be determined in the relations of jobs will be assigned. Psychologists, social workers and other staff members may also be provided with services in the said Institutes. "

Eighty-seven. Article 480 is amended and read as follows:

" Article 480.

1. The National Institute of Toxicology and Forensic Sciences is a technical organ attached to the Ministry of Justice, whose main mission is to assist the Administration of Justice and to contribute to the unity of scientific criteria, to the quality of the analytical expertise and the development of forensic sciences. In addition, you will develop the following functions:

a) Issue the reports and opinions requested by the judicial authorities and the Prosecutor's Office.

b) Practice toxicological analyses and investigations ordered by the judicial authorities, the government authorities, the Prosecutor's Office and the medical examiners in the course of the proceedings or the proceedings prior to the investigation carried out by the Prosecutor's Office.

(c) Also conduct analyses and investigations by public bodies or undertakings in matters affecting the general interest, in cases which are provided for in the instructions of the Ministry of Justice or in the terms of the agreements or agreements made to the effect.

d) Make the reports, analyses and investigations requested by individuals in the course of judicial proceedings, or even outside of these in the conditions to be determined.

e) To disseminate knowledge in the field of toxicology, to contribute to the prevention of poisonings and to attend to as many consultations as possible.

f) Act as a reference center in matters pertaining to its activity in relation to the Institutes of Legal Medicine, as well as with other national and foreign agencies.

g) To carry out toxicology and forensic science studies, under conditions to be determined regulatively.

(h) They will be able to collaborate with universities and health institutions and with national and international agencies in all areas that contribute to the development of toxicology and forensic sciences, according to the instructions of the Ministry of Justice or the agreements or arrangements made for that purpose.

2. The organization and supervision of the National Institute of Toxicology and Forensic Sciences corresponds to the Ministry of Justice. It has its headquarters in Madrid and its scope of action extends to the entire national territory.

Your organic structure will be determined by royal decree.

In the same will provide services of the Special Bodies referred to in the following sections of this article. In addition, officials may provide services to the other bodies at the service of the administration of justice, as well as other administrations, under the conditions and with the conditions laid down in the relevant relations of the (a) employment, as well as, where appropriate, professionals or experts who are necessary for the performance of their duties or other personnel for the purpose of carrying out activities of their own or of an instrumental nature, contracted under the employment system.

3. The Faculty of the National Institute of Toxicology and Forensic Sciences are career civil servants who constitute a National Body of Graduates Superior to the Service of the Administration of Justice. In the light of the technical and scientific activity of the Institute, specialties may be established within the said Body.

They are the functions of the Faculty of Facultative of the National Institute of Toxicology and Forensic Sciences technical assistance in the subjects of their professional disciplines to judicial authorities, government authorities, the Ministry of Public Health and the Ministry of Public Health. medical examiners, in the course of the proceedings or in the proceedings before the investigation. To this end, they shall carry out the analyses and research requested of them, issue the relevant opinions and reports, and shall evacuate the consultations which are referred to them by the authorities concerned, as well as by the individuals in the course of legal proceedings and by public bodies or undertakings which affect the general interest and will contribute to the prevention of poisoning.

Will serve in the National Institute of Toxicology and Forensic Sciences, as well as in the Institutes of Legal Medicine and Forensic Sciences, in the assumptions and conditions that will be determined in the corresponding relationships of jobs.

4. The Specialists of the National Institute of Toxicology and Forensic Sciences are career officials who constitute a National Relief Corps specialized in the service of the Administration of Justice.

These are the functions of the National Institute of Toxicology and Forensic Sciences ' Technical Corps of Technical Support, specialized in the scientific and research activities of the National Institute of Toxicology and Forensic Sciences.

Will serve in the National Institute of Toxicology and Forensic Sciences, as well as in the Institutes of Legal Medicine and Forensic Sciences, in the assumptions and conditions that will be determined in the corresponding relationships of jobs.

5. The Laboratory Assistants of the National Institute of Toxicology and Forensic Sciences are career officials who constitute a National Body at the service of the Administration of Justice, for the performance of their own support functions. training, in the scientific and research activities of this Institute, as well as the Institutes of Legal Medicine and Forensic Sciences, in the form and with the requirements and conditions to be established in the relations of the said bodies.

6. Officials of the Special Corps of the National Institute of Toxicology and Forensic Sciences shall be hierarchically dependent on the Director of this Institute or, as the case may be, the Director of the Institute of Legal Medicine and Forensic Sciences. services. "

Eighty-eight. A new paragraph 5 is added to Article 481, which is worded as follows:

" 5. The career officials of the Administration of Justice shall be on the ladder by order of entry into the Body with a mention of at least the following data:

a) A national identity document.

b) First and last names.

c) Service time in the Body. "

Eighty-nine. Article 482 (5), which is worded as follows, is amended as follows:

" 5. A quota of not less than seven per cent of the vacancies to be covered between persons with disabilities, considered as such as defined in Article 4 (2) of the Royal Decree, shall be reserved for public employment offers. Legislative 1/2013, of 29 November, approving the recast of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, provided that they pass the selective tests and that they prove the degree of disability and the compatibility for the performance of the relevant functions and tasks in the manner determined regulentarily. "

Ninety. Article 485 (1) is amended and read as follows:

" 1. Selection processes may include the completion of a theoretical-practical course or a period of practice, which may be of a selective nature.

The obtained qualification will serve to set the ranking order. However, if they have a selective character, applicants who do not exceed the same will be able to repeat it in the following one, which they will incorporate with the new promotion. If you do not overlap this course you will lose the right to your appointment as career civil servants. "

Ninety-one. Paragraph 2 is amended and a new paragraph 6 is added to Article 490, which shall be worded as follows:

" 2. In addition to the places that are included for the incorporation of new staff in the Public Employment Offer in accordance with the provisions of Article 482, the Ministry of Justice will annually convene internal promotional processes for the coverage of the of a number of seats equal to thirty per cent of the vacancies which, for each Body, are the subject of such an offer of public employment.

Regardless of the above, the Ministry of Justice, with extraordinary character and prior authorization from the Ministry of Finance and Public Administrations, may convene internal promotion processes. specific when circumstances in the Administration of Justice advise you.

In both cases, the places convened by the internal promotion shift that are not covered, shall in no case be subject to the free-shift calls or the Public Employment Offer. "

" 6. The officials of the National Institute of Toxicology and Forensic Sciences ' Technical Corps will be able to access the National Institute of Toxicology and Forensic Sciences through internal promotion. meet the requirements for this. "

Ninety-two. Article 495 (1) is amended and read as follows:

" 1. Career officials have the following professional rights:

(a) To the maintenance of his/her duties, to the effective performance of tasks or functions of his/her body and not to be removed from the job that they perform but in the assumptions and conditions established legally.

(b) To receive the remuneration and compensation for the service established in the current regulations.

c) To the professional career, through the professional promotion mechanisms that are established in accordance with the principles of equality, merit, capacity and publicity.

d) To receive from the Administration the necessary initial and continuous training, in order to improve their professional capacities in a way that allows them a better and more rapid adaptation to their jobs and enable your professional promotion.

In order to ensure homogeneity and for training actions to be established by the various public administrations competent in the field of personnel management, do not represent obstacles in the promotion and in the mobility of staff at the service of the Administration of Justice in the territory of the State, coordination and approval measures shall be taken in respect of continuing training.

e) To be informed by their heads or superiors of the tasks or tasks to be performed and to participate in the achievement of the objectives assigned to the unit where they provide their services.

f) To respect for their privacy and for consideration due to their dignity, including protection against verbal or physical offenses of a sexual nature.

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

h) A vacation, permissions, and licenses.

i) To receive protection in the field of safety and health at work, for which the competent administrations will adopt those measures that are necessary for the effective implementation of the current regulations on prevention of risks and occupational health, through the evaluation of the initial risks and the establishment of emergency plans, as well as the creation of prevention services and a Central Committee on Safety and Health.

j) To retirement.

(k) A Social Security Scheme, which for career officials and trainee officials shall be composed of the General Social Security Scheme or the State Passive Classes Scheme, on the basis of the date of that they have acquired such a condition, and the Judicial Mutualism, regulated by Royal Legislative Decree 3/2000, of June 23, and provisions of development.

l) To the rights provided for in Article 444.2 of this Law. "

Ninety-three. Article 497 (l) is amended as follows:

"l) Treat with correction and consideration to the hierarchical superiors, colleagues and subordinates, as well as to Lawyers, Attorneys and Social Undergraduates."

Ninety-four. Article 498 (3) (b) is amended, which is read as follows:

" b) With regard to General Bodies:

1. The exercise of the law, procuratorate, or profession of Social Undergraduate and employment in the service of Lawyers, Attorneys and Social Undergraduates or any other profession that I enable to act before Courts and Courts.

2. The performance of all types of legal advice, whether paid or not.

3. The condition of insurance agents and the insurance agent or insurance company.

4. The performance of the positions of managers, counselors, or advisors of companies that pursue lucrative purposes.

5. The performance of administrative management services, either as a holder or as an employee of such offices.

6. The exercise of private pericial functions before the Courts and Courts. "

Ninety-five. Article 500 (4), which is worded as follows, is amended as follows:

" 4. The distribution of the day and the fixing of the schedules shall be determined by means of the calendar of work which, on an annual basis, shall be approved by the competent authority of the Ministry of Justice and the Autonomous Communities with powers assumed, in their respective fields, prior to the General Council of the Judiciary and negotiation with the trade union organizations. The work schedule shall be determined on the basis of the number of annual working hours. Time flexibilities may be established at the entry and exit of the work, ensuring a number of hours of continuous concurrency.

Schedules to be established shall in any event respect the public hearing schedule. "

Ninety-six. Article 502 (1), which is worded as follows, is amended as follows:

" 1. Officials shall have the right to enjoy, during each calendar year, paid leave under the same conditions as those provided for by officials of the General Administration of the State in their legislation. "

Ninety-seven. The second and last paragraphs of Article 504 (5) are amended, which are worded as follows:

" Without prejudice to the obligation to communicate, in the manner that is regulated by law, the impossibility of assisting the work by reason of illness during the working day of the day in which it occurs, Officials shall request from the competent authority the sick leave on the fourth consecutive day since the absence from the post of work. "

" The absence of work due to illness or accident that does not result in a situation of temporary incapacity, will entail the application of the discount on payroll in the terms and conditions that are established by the regulations specifies that the effect is dictated. "

Ninety-eight. The third subparagraph of Article 509 (3) is amended, which is read as follows:

" The length of stay in this situation will be computable for the purposes of triennial, career and rights in the social security system that is applicable. The post will be reserved for at least two years. After this period, the reserve shall be put to a position in the same locality and equal pay. Officials in this situation may participate in the training courses which the Administration may convene. "

Ninety-nine. Article 521 (3) (A) is amended as follows:

" A) Manager Center. Target Center.

For the purposes of the management of the posts and of their occupation by the official staff, the competent bodies of the Ministry of Justice or the competent organ of the Ministry of Justice shall be considered to be the competent bodies. Autonomous Communities for the management of personnel, to whom the formulation of the relation of jobs in their respective territorial areas will correspond.

Target center will be understood:

Each of the common procedural services.

The set of procedural units of direct support to judicial bodies that radiate in the same municipality.

The Central Civil Registry and the Unical Civil Records of each locality, where they would have.

Each of the Fiscalas or Fiscalis Adscriptions.

At the Institutes of Legal Medicine, those that your rule of creation establish as such.

At the National Institute of Toxicology and Forensic Sciences, those that your rule of creation establishes as such.

The Judicial General Mutuality.

Each judicial office of direct support to the Peace Courts of more than 7,000 inhabitants or of less than 7,000 inhabitants, endowed with functionarial staff in reason of their workload.

The Technical Cabinet of the Supreme Court.

The Secretaries of Government. "

Hundred. The first subparagraph of Article 527 (2) shall be amended as follows:

"By way of exception, they may be temporarily covered by replacement of the vacancies which are vacant or where the holder is absent."

One hundred. A new paragraph 5 is added to Article 531, which is worded as follows:

" 5. By way of exception, a sufficient number of transfer competitions may be convened in advance for the newly created judicial bodies in order to ensure that their entry into operation is staffed. "

One hundred two. Article 536 is amended as follows:

" Article 536.

Faults can be very severe, severe and mild.

a) They are considered very serious faults:

1. Failure to comply with the duty of fidelity to the Constitution in the exercise of public function.

2. Any action involving discrimination on grounds of sex, race, religion, language, opinion, place of birth or neighbourhood or any other personal or social condition or circumstance.

3. Service abandonment.

4. The issuance of reports or adoption of manifestly illegal agreements or resolutions, where serious prejudice to the public interest or injury to the fundamental rights of citizens is caused.

5. The improper use of the documentation or information to which they have or have had access by reason of their position or function.

6. Negligence in the custody of documents that give rise to undue dissemination or knowledge.

7. Repeated non-compliance with the functions inherent in the job or duties entrusted to it.

8. The use of the faculties it has attributed, to influence electoral processes of any nature and scope.

9. The serious non-compliance with the judicial decisions for which they are entrusted.

10. Serious or repeated disobedience to the oral or written orders or instructions of a superior issued by him in the exercise of his or her powers, in respect of tasks or duties of the person concerned, unless they are manifestly illegal.

11. The use of the status of an official to obtain an undue benefit for himself or for a third party.

12. The carrying out of activities declared incompatible by law.

13. Failure to comply with the duty of abstention, knowing that some of the legally intended causes are present.

14. Acts which prevent the exercise of fundamental rights, public freedoms and trade union rights.

15. Failure to comply with the duty to attend essential services in the event of a strike.

16. Sexual harassment.

17. Serious aggression to any person with whom they relate in the exercise of their duties.

18. The arbitrariness in the use of authority that causes serious injury to the subordinates or the service.

19. The actions and omissions that have resulted in a firm statement of a civil liability declaration in the exercise of the function for the purpose or gross fault.

20. The commission of a serious misconduct where it has been previously sanctioned by two other serious persons who have acquired firmness, without the cancellation of the corresponding entries being cancelled or proceeded.

b) Serious faults are considered:

1. Disobedience expresses the orders or instructions of a superior, issued by him in the exercise of his or her powers, relating to the functions or duties of the person concerned, unless they are manifestly illegal.

2. Failure to comply with court decisions which have been entrusted to them, where it does not constitute a very serious failure.

3. Abuse of authority in the exercise of its functions where it is not a very serious matter.

4. The negligence in the custody of documents, as well as the improper use of the same or the information they know for the purpose of the charge, when such conduct is not a very serious fault.

5. The third unjustified lack of assistance over a three-month period.

6. Negligence or undue delay in the performance of the duties inherent in the job or duties entrusted to it when it does not constitute a notorious breach of the duties.

7. The exercise of any activity capable of compatibility, in accordance with the provisions of Law 53/1984 of 26 December 1984 on incompatibilities of staff at the service of public administrations, without obtaining the relevant authorization or having obtained it with a lack of veracity in the alleged budgets.

8. The lack of serious consideration with superiors, peers or subordinates, as well as with professionals or citizens.

9. Cause serious damage to documents or work materials, as well as to premises intended for the provision of the service.

10. The improper use of the computer and materials used in the exercise of their functions and the failure to comply with the instructions provided for their use, as well as the improper use of the access keys to the systems computer.

11. Actions or omissions aimed at circumventing time control systems or preventing the unjustified breaches of the working day from being detected.

12. Stop promoting the requirement of disciplinary responsibility to the staff who integrate their office, when they know or should be aware of the serious non-compliance with the same duties as they do.

13. Hinder inspection tasks.

14. To promote their abstention in a clearly unjustified manner.

15. Repeated non-compliance with work schedule without justified cause.

16. The commission of a lack of a slight character having been previously sanctioned by a firm resolution for two other mild ones, without having been cancelled or proceeded the cancellation of the corresponding annotations.

c) They are considered minor faults:

1. Lack of consideration with superiors, peers or subordinates, as well as professionals or citizens, when it does not constitute a more serious infringement.

2. Failure to fulfil the duties of his or her office or place of work or negligence in his/her performance, provided that such conduct does not constitute a more serious infringement.

3. Unjustified delay in the performance of their duties, where it does not constitute a more serious fault.

4. The unjustified absence for a day.

5. Non-compliance with working time without justified cause when it does not constitute a serious fault. "

One hundred three. The first paragraph of Article 538 is amended, which is read as follows:

" The sanctions that can be imposed on officials for the faults committed in the exercise of their duties are:

a) Aperception.

b) Suspension of employment and salary.

c) Forced transfer outside the municipality of destination.

d) Separation of the service.

e) Cese in the job.

The penalties of paragraphs (b) and (c) may be imposed by the commission of serious and very serious misconduct, with its duration being graduated according to the circumstances in which the penalty is imposed.

The service separation penalty can only be imposed for very serious faults.

The suspension of duties imposed by the commission of a very serious fault shall not be more than three years and not less than one year. If it is imposed for a serious fault, it shall not exceed one year.

Officials who are sanctioned with forced removal will not be able to obtain a new destination in the municipality of origin for three years, when it would have been imposed for a very serious lack, and during one, when it would have been the commission of a serious fault.

The termination of the job will only be applicable to interim officials by commission of serious or very serious misconduct.

Minor faults can only be corrected with warning. "

One hundred four. The heading of Title II of book VII is amended, as follows:

" TITLE II

From Lawyers, Attorneys and Social Undergraduates "

One hundred five. Article 544 is amended as follows:

" Article 544.

1. The Lawyers, Attorneys and Social Undergraduates, before beginning their professional exercise, will be sworn in or promise to abide by the Constitution and the rest of the legal order.

2. The collegial of the Lawyers, Attorneys and Social Undergraduates will be required to act before the Courts and Tribunals in the terms provided for in this Law and by the general legislation on professional colleges, except that they act to the service of public administrations or public entities on the basis of civil or labour dependency. "

One hundred six. Article 545 is amended as follows:

" Article 545.

1. Unless otherwise provided by law, the parties may freely designate their representatives and advocates among the Attorneys and Attorneys who meet the requirements required by law.

2. In the case of work and social security procedures, the technical representation may be held by a Social Graduate, to which the obligations inherent in its function shall apply, in accordance with the provisions of its legal order professional, in this title and especially in Articles 187, 542.3 and 546.

3. They shall be appointed on their own initiative, in accordance with the laws of the Member States, to whom they so request or refuse to appoint them. The defense or representation of office shall be free of charge for the person who accredits insufficient resources to litigate in the terms established by law. "

One hundred seven. Article 546 (1) and (2) are amended as follows:

" 1. It is the obligation of the public authorities to guarantee the defense and the assistance of Advocate or the technical representation of the Social Graduate in the terms established in the Constitution and in the laws.

2. Lawyers, Attorneys and Social Undergraduates are subject to the exercise of their profession in civil, criminal and disciplinary matters, as appropriate. "

One hundred eight. Article 551 (1) is amended as follows:

" 1. The representation and defence of the State and its autonomous bodies, as well as the representation and defence of constitutional bodies whose internal rules do not establish a special regime of their own, shall be the responsibility of the State Bar. in the Legal Service of the State. The State Attorneys may represent and defend the other public entities and entities, state mercantile societies and foundations with state participation, in the terms contained in Law 52/1997 of 27 November 1997. Legal Assistance to the State and Public Institutions and development provisions.

The representation and defense of the managing entities, common services and other bodies or entities of a public nature, which under the law integrate the Administration of Social Security, without including, of the mutual partners of social security, shall be the responsibility of the members of the Social Security Administration, integrated in the Legal Service of the Social Security Administration, without prejudice to the fact that, according to be determined, such functions may be entrusted to a collegiate lawyer specially designated for this purpose. "

One hundred nine. Paragraphs 2 and 3 of Article 561 are amended and a new paragraph 4 is included, with the following wording:

" 2. The General Council of the Judiciary shall issue its report within the period of 30 days. If the urgency of the report is recorded in the order for reference, the time limit shall be 15 days. The issuing authority may exceptionally grant the extension of the period in accordance with the circumstances of the case. The duration of the extension shall be 15 days, except in cases where the urgency of the report has been recorded in the order for reference, in which case it shall be ten days.

3. Where no report has been issued within the time limits provided for in the preceding paragraph, that procedure shall be fulfilled.

4. The Government shall forward this report to the General Courts in the case of the draft law. "

One hundred ten. A new paragraph 6 is added to Article 567, which is worded as follows:

" 6. The computation of the time limits in the procedures for the appointment of the General Council of the Judiciary and the 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, shall be carried out by working days when the time limit is specified for days, starting from the following day, and from date to date when it is fixed in months or years. Where the maturity month is not equivalent to the beginning of the calculation, the time limit shall be deemed to be the last of the month. '

One hundred and eleven. Article 577 (1) is amended as follows:

" 1. Against the final declaration of candidatures, the case may be brought before the Administrative Court within two days of the publication of the agreement. In the same act of interposition, the relevant arguments, accompanied by the appropriate evidence, shall be submitted. '

One hundred twelve. A new paragraph 5 is added to Article 579, worded as follows:

" 5. The President, the Vocals and the Secretary General of the General Council of the Judiciary are subject to the duty to make a declaration of goods and rights and to the control and management of financial assets of those who hold the terms provided for in Articles 17 and 18 of Law 3/2015 of 30 March 2015 on the exercise of the senior position of the General Administration of the State, with the adjustments that are necessary to the organisation of the Council to be laid down in the Regulation Organization and Operation of the same. "

One hundred thirteen. Article 601 (2), which is worded as follows, is amended as follows:

" 2. The Permanent Commission shall be composed of the President of the Supreme Court and the General Council of the Judiciary, which shall preside over it, and seven other Vocals: four of those appointed by the judicial turn and three of those appointed by the turn of the jurists of recognised competence. With the exception of members of the Disciplinary Commission, the annual rotation of the rest of the Vocals in the annual composition of the Standing Committee shall be sought after the President's proposal. "

One hundred and fourteen. Article 609 (2) and (3) are amended as follows:

" 2. The Economic Affairs Committee will be composed of three Vocals.

3. The Committee on Economic and Monetary Affairs must act with the assistance of all its components. "

One hundred fifteen. Article 610 (1) and (2) are amended as follows:

" 1. The Plenary Session of the General Council of the Judiciary shall elect annually, from among its Vocals, and in accordance with the principle of a balanced presence among women and men, the components of the Equality Commission and shall appoint, among them, their President.

2. The Equality Commission shall be composed of three Vocals. "

One hundred and sixteen. A new additional twenty-first provision is added, which is worded as follows:

" Additional 20th disposition. Judicial support in the instruction of complex causes.

In addition to the provisions of Chapter IVa of Title II of book III of this Law, within the exceptional measures of judicial support, the General Council of the Judiciary may agree, for the best instruction of causes complex and on the proposal of its holder, the attachment to a given organ of another or other Judges or Magistrates who without judicial functions and under the direction of the holder of that, perform exclusively collaborative tasks, assistance or advice. For the same purpose and the same conditions, the membership of one or more of the Administration of Justice's Letters may be of interest.

To this end, the General Council of the Judiciary will propose a concrete action program specifying, in any case, its object, scope, duration and the type of commissions in relation to the relief of functions. The approval of the Ministry of Justice shall specify the approval of the Ministry.

In the event of interest in the administration of the Justice Administration, the General Council of the Judiciary will direct its request to the Ministry for the approval of the corresponding commissions. "

Additional disposition first. References in the previous date rules.

As of the entry into force of this Law, all references contained in Organic Law 6/1985 of 1 July of the Judiciary, as well as in other legal norms, to judicial secretaries, substitute secretaries Professionals, Institute of Legal Medicine and National Institute of Toxicology, should be understood, respectively, to the Letters of the Administration of Justice, Letters of the Administration of Alternate Justice, Institute of Legal Medicine and Forensic Sciences and National Institute of Toxicology and Forensic Sciences.

Additional provision second. Elaboration of the Scalafon of the Law Administration's Letrates Corps.

Within six months of the entry into force of this Law, the Ministry of Justice will have to prepare the scale of the Law Enforcement Administration.

Additional provision third. Specialization tests.

The General Council of the Judicial Branch may, in addition to the expressly provided for in this Law, convene other evidence of specialization among members of the judicial career in which specific knowledge is valued within the different branches of law. Their exceedance will be considered as merit in competitions that are not exclusively resolved by seniority criteria. The number, content and development of these tests shall be determined, which may include the recognition and assessment of those tests prior to the entry into force of this Law. If this specialisation results in an increase in expenditure, a favourable report by the competent administration will be required to support this expenditure.

Additional provision fourth. Mandatory use of new technologies.

1. The use of computer systems placed at the service of the Administration of Justice shall be of compulsory use for Judges and Magistrates.

2. The General Council of the Judicial Branch may, in the field of its powers, issue instructions for binding compliance in order to ensure the proper use of the material resources that the Administrations make available to them. Courts and tribunals for the performance of their duties.

3. Citizens, professionals or administrations may not be required to provide the documentation required or intended to be used on paper, unless this is necessary to determine the authenticity of their content or where they are legal. or regulatively authorized expressly.

Additional provision fifth. Retirement pension.

To the Judges, Magistrates, Prosecutors, Prosecutors, Letters of the Administration of Justice, University Teachers and Registrar of the Property, Mercantile and Property of Furniture included in the Passive Classes of the State that they cause or have caused a retirement pension as from 1 January 2015 and that at the time of the event causing them to have at least sixty-five years of age completed, it shall apply to them as laid down in the provision Additional Twenty-fifth of Law 36/2014 of 26 December 2014 on the General Budget of the State for the year 2015.

In these cases, an additional percentage for each full year of effective services to the State between the date on which they were 60 and five years, and the fact that the pension is causing, will be recognised as an additional percentage. the amount shall be based on the years of service accredited in the first of the dates indicated, according to the scale provided for in the additional provision referred to in the preceding paragraph.

Additional provision sixth. Extension of Active Service of Prosecutors and Letters of the Administration of Justice.

The reference made in Article 386 of the Organic Law 6/1985 of 1 July of the Judiciary, to the General Council of the Judiciary, shall be understood by the Ministry of Justice when they are Prosecutors or Administration of Justice to request the extension of the stay in the active service.

First transient disposition. Rules applicable to court proceedings already initiated.

1. Procedures governed by international jurisdiction rules in civil order initiated prior to the entry into force of this Law shall continue to be substantiated in accordance with the rules governing the date of their opening.

2. The proceedings initiated prior to the entry into force of this Law which were previously the jurisdiction of the Courts of Instruction and under the same jurisdiction of the Courts of Violence on Women, will continue In accordance with the rules governing the date of the opening of the procedure.

3. The procedures for direct civil liability of Judges and Magistrates that were being dealt with at the time of entry into force of the Law, will continue to be dealt with in accordance with the procedural and substantive rules in force at the time of the its opening.

Second transient disposition. Regime of the Technical Cabinet of the Supreme Court.

1. The procedure for the appointment of the members of the Technical Cabinet of the Supreme Court provided for in this Law shall apply from the moment of entry into force of this Law.

2. The staff members of the Technical Cabinet of the Supreme Court shall pass on to the administrative situation corresponding to the entry into force of this Law.

3. The seats of the coordinators in the Technical Cabinet of the Supreme Court will be created by the transformation of the currently existing places of Magistrates in that Cabinet, to the entry into force of this Law. Any modification of the staff of the coordinators shall be in accordance with the procedure laid down in the first subparagraph of Article 61a (5) of the Organic Law 6/1985 of 1 July 1985 on the Judiciary.

Those who currently perform the functions of the Magistrate of the Technical Cabinet will have to take the consideration of the Letrados coordinators for the time they were appointed.

4. Lawyers of the Technical Staff who do not belong to the judicial career shall be subject to the statutory regime of the Letters of the Administration of Justice, as applicable, until the entry into force of the law governing the statute basic of the Technical Cabinet of the Supreme Court.

Transitional provision third. Magistrates and Prosecutors.

1. Those who, at the entry into force of this Law, are providing services such as Supreme Court Magistrates or Magistrates, may continue to provide their services as such for a period of two years from the date of their entry into force. the entry into force of this Law, retaining its current remuneration regime. Notwithstanding the foregoing, in no case may the seventy-five years remain in this situation.

The same regime shall apply to those who are eligible for the entry into force of this Law in order to be appointed as the Chief of the Supreme Court or the Supreme Court. requested.

2. The provisions of the above paragraph shall apply to Prosecutors who are in the same situations as described.

Transitional disposition fourth. Secretaries of Government and Coordinating Secretaries.

1. At the entry into force of this Law the Secretaries of Government or Coordinators appointed may attend to obtain a place and thus be incorporated into the regime established by this Law; for this they will have absolute preference in the first two contests to be carried out in which places are offered in their city of origin or in the city of their current destination.

Once the general scheme is obtained, the general scheme will apply.

2. The following transitional arrangements shall apply to those who did not comply with the preceding paragraph:

(a) Those who cease or do not renew their duties shall be assigned to the Court or to the Provincial Court of the city of provenance or to the town where they cease.

(b) For two years after the date of their cessation or non-renewal, any place of any category which has a consolidated position of which they are to be provided by a voluntary tender may be given preferential status, putting an end to the situation of provisional membership as set out in the previous paragraph.

(c) Not having been placed within that period in the manner indicated, despite the offer of jobs in the city of affiliation which have been included in these competitions, and after the two years of membership, the first vacant post in that city shall be awarded definitively to them. The computation of the two years shall begin to count from the first contest to be held after its cessation or non-renewal.

In successive contests, if the first category is consolidated, the time provided in this category shall be computed for the purposes of shipments as indicated in the implementing rules or in the same calls.

3. The Secretaries of Government and Coordinators who upon the entry into force of this Law are performing their second or subsequent term of office, shall not be eligible for renewal for the same post.

Transient disposition fifth. Annual plans for replacements and replacements.

After the entry into force of this Law and as long as the following annual plans for the replacement and replacement of Letrados from the Administration of Justice are not approved, the Secretary of Government will ensure that the replacements and appeals that are necessary to meet the criteria set forth in this Law as soon as possible.

Transitional disposition sixth. Institutes of Legal Medicine.

In those Autonomous Communities or Autonomous Cities in which the Institutes of Legal Medicine and Forensic Sciences are not constituted, and until the moment they are constituted, the regulation of Article 479 shall be understood applicable to groups of forensics.

Transitional disposition seventh. Procrastination of the requirement of specialty in Forensic Medicine for the access to the Body of Forensic Physicians.

The specialty in Forensic Medicine, required by Article 475 of this Law to access the Corps of Forensic Physicians, will not be a mandatory requirement until the Ministry of Justice determines it, once its training has been completed. by the residence system at least the first promotion of these specialists and the temporary path of access to that title has been developed for those who credit a professional experience, as an official of the Body of Forensic Physicians, not less than the duration of the formal training programme, according to the procedure laid down in the Transitional provision of Royal Decree 639/2014 of 25 July 2014.

Transient disposition octave. Retirement pension.

Retirement pension awards, caused as of 1 January 2015, in which the beneficiary meets the requirements laid down in the fifth additional provision of this Law, shall be reviewed ex officio for bring them into line with the provisions of that provision, with economic effects from the first day of the month following the causative event.

transient disposition ninth. Request deadline for prolongation of the stay in the active service.

The two-month period provided for in Article 386 of the Organic Law 6/1985 of July 1, of the Judicial Branch, in order to request the extension of the stay in the active service, will not be required for those who retire between the the entry into force of this Law and 1 December 2015.

Final disposition first. Amendment of Law 38/1988, of December 28, of Demarcation and of Judicial Plant.

Law 38/1988, of December 28, of Demarcation and of Judicial Plant, is amended in the following terms:

One. Article 8 (2), which is worded as follows, is amended as follows:

" 2. The Sections of the Provincial Hearings referred to in Article 3 (5) of this Law, as well as the Courts of the Criminal, the Courts of the Administrative-Administrative, the Courts of the Social, the Courts of Minors, the Courts of The Commercial and the Courts of Violence on Women, with jurisdiction of territorial extension inferior or superior to that of a province, are based in the capital of the party that is indicated by Law of the corresponding Autonomous Community and take the name of the municipality in which the municipality is situated. '

Two. Article 23 is amended as follows:

" Article 23.

The remuneration of the Letters to the Service of the Technical Cabinet of the Supreme Court shall be those of a Letrado of the Justice Administration of the Supreme Court. However, the Letters which carry out coordination tasks as provided for in Article 61a (4) of the Organic Law 6/1985 of 1 July of the Judicial Branch, and which also belong to the Court of Justice, will receive the provided for in Annex II.2 of Law 15/2003 for the Magistrates of the Technical Cabinet of the Supreme Court. "

Three. Annex III is amended, which is worded as follows:

" ANNEX III

National Audience

President Audiencia Nacional.

Criminal Court:

1 Room President.

4 Sections: Composed by 16 Magistrates.

Appeal Room:

1 Room President.

2 Magistrates.

Administrative-Accounting Room:

1 Room President.

8 Sections: Composed by 39 Magistrates.

Social Room:

1 Room President.

2 Magistrates.

Total: 64 Magistrates.

4 Magistrates of the Supreme Court, one of whom with regard to the President of the Chamber. "

Final disposition second. Amendment of the Organic Law 2/1989, of 13 April, Processed Military.

The Organic Law 2/1989, of 13 April, Processing Military, is amended in the following terms:

One. Article 328 is amended and read as follows:

" Article 328.

1. There will be a review facility against firm statements in the following cases:

1. º When two or more persons have been convicted under contradictory sentences for the same fact that they have not been able to be committed more than by one.

2. º When you have been convicted as responsible for the death of a person whose existence is credited after the date of the conviction.

3. When a person has been convicted in a sentence whose foundation is: a document or testimony declared after false by a firm sentence in criminal cause, the confession of the inmate with violence or coercion or any other punishable act carried out by a third party, provided that such extremes are also declared by final judgment in proceedings followed. For these purposes, it may be possible to carry out as many tests as are necessary for the clarification of the facts at issue in the proceedings, in anticipation of those which, due to special circumstances, could then hinder and even make impossible the firm base statement of the review.

4. When a person has been sentenced to a sentence handed down by the Court and any of its members is convicted of any prevarication committed in that judgment, or where in the case of the case has been prevaricated in resolution or essential processing of obvious influence to the effects of the failure.

5. When on the facts themselves two firm and disparate sentences have been handed down by the same or different jurisdictions.

6. When after a sentence of conviction, there was sufficient evidence to show the error of the failure due to their ignorance.

2. Review proceedings may also be brought against a final court decision when the European Court of Human Rights has declared that such a decision has been given in violation of any of the rights recognised in the Convention. European Union for the Protection of Human Rights and Fundamental Freedoms and its Protocols, provided that the violation, by its nature and gravity, has effects which persist and cannot cease in any other way than by means of this review.

In these cases, the review processes will be substantiated in accordance with the rules on this matter contained in the Criminal Procedure Law and the provisions of Articles 329 to 333, 335 and 336 will not apply. The rules on legitimisation provided for in that Law for such processes shall apply.

Likewise, the judgments given in such processes will have the effects prevented for this case in the Criminal Procedure Act. "

Two. Article 336 is amended and read as follows:

" Article 336.

The review process shall be substantiated, with the summons of the penalties and applicants, in accordance with the rules on this matter contained in the common laws, except as provided for in the last two paragraphs of Article 328.2. "

Three. Article 504 is amended, which is worded as follows:

" Article 504.

1. The judgment of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union review in the following cases:

(a) If the operative part of the judgment contains contradictions in its decisions.

(b) If decisions were made contrary to each other in respect of the same litigants or other different parties in the same situation, where in merit to facts, fundamentals and substantially equal claims different pronouncements.

(c) If, after the judgment has been given, decisive documents are recovered by force majeure or by the work of the party in whose favour it has been given.

(d) If the judgment has been passed on the basis of documents which, at the time of the judgment, were not known to one of the parties, they were recognized and declared false or whose falsehood was recognized or declared after.

(e) If, having been given the judgment under proof of evidence, the witnesses were convicted of false testimony in the statements constituting that statement.

f) If the sentence was wrongfully earned by virtue of prevarication, co-fact, violence or other fraudulent scheming.

(g) If the judgment has been delivered in breach of the provisions of Article 490 or if any of the questions raised in the application and defence are not resolved.

2. Review proceedings may also be brought against a final court decision when the European Court of Human Rights has declared that such a decision has been given in violation of any of the rights recognised in the Convention. European Union for the Protection of Human Rights and Fundamental Freedoms and its Protocols, provided that the violation, by its nature and gravity, has effects which persist and cannot cease in any other way than by means of this review.

3. In terms of legitimization, terms and procedures regarding this resource, the provisions of the Civil Procedure Law will govern.

Except for the cases referred to in paragraphs (a), (b) and (g) of this Article, in which the review appeal shall be made within one month from the notification of the firmness of the judgment.

The appeal shall be brought before the Supreme Court Chamber referred to in Article 61 of the Organic Law of the Judiciary. "

Four. Article 505 is amended, which is worded as follows:

" Item 505.

Against the final judgments handed down by the Court of Justice of the Central Military Tribunal or the Territorial Military Courts, review proceedings may be brought before the Military Chamber of the Supreme Court in the the same time limits and the same formalities as those referred to in paragraph 3 of the previous Article.

This resource may be based on the same grounds as those referred to in paragraphs 1 and 2 of the previous Article, except those referred to in points (a), (b) and (g) of paragraph 1. "

Final disposition third. Amendment of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

Law 29/1998, of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction, is amended in the following terms:

One. Section 3 of Chapter III of Title IV, consisting of Articles 86 to 93, is worded as follows, and Articles 94 and 95 are deleted:

" Section 3. First Appeal

Article 86.

1. The judgments handed down in a single instance by the Courts of the Administrative-Administrative and the only ones ordered or on appeal by the Chamber of the Contentious-Administrative of the National Court and by the Chambers of the The Administrative-Administrative Court of the High Courts of Justice shall be subject to an appeal before the Court of Justice of the Supreme Court.

In the case of judgments given in a single instance by the Courts of the Administrative-Administrative Court, only judgments containing doctrine which is seriously damaged for the purposes of the judgment shall be subject to appeal. general interests and are susceptible to extension of effects.

2. The judgments given in the procedure for the protection of the fundamental right of assembly and in the dispute-electoral processes are excepted from the provisions of the previous paragraph.

3. The judgments which, being amenable to appeal, have been given by the Chambers of the Administrative-Administrative Court of the High Courts of Justice shall only be brought before the Court of Justice of the Supreme Court if the action is intended to be based on an infringement of rules of state or European Union law which is relevant and decisive for the contested judgment, provided that they have been invoked in the proceedings or considered by the Chamber in due time Sentencing.

When the appeal is founded in violation of rules emanating from the Autonomous Community, a Section of the Administrative-Contentious Chamber which has its seat in the High Court of Justice composed of the President of that Chamber, who shall preside over it, by the President or Presidents of the other Chambers of the Administrative Board and, where appropriate, of the Sections thereof, in numbers not exceeding two, and by the Magistrates of that Chamber or Chambers they were required to complete a total of five members.

If the Chamber or Chambers of the Administrative-Administrative Board have more than one Section, the Governing Board of the High Court of Justice shall establish for each judicial year the turn under which the Presidents of the Section shall occupy the posts of the regulated in this paragraph. It will also establish it among all the Magistrates who serve in the Room or Rooms.

4. The decisions of the Court of Auditors in respect of accounting liability shall be subject to an appeal in the cases laid down in its Law on the Functioning of the European Union.

Item 87.

1. The following orders are also subject to appeal by the Chamber of the Administrative-Administrative Office of the National Court and by the Chambers of the Administrative-Administrative Court of the High Courts of Justice, with the same derogation and the same limit as set out in paragraphs 2 and 3 of the previous Article:

(a) Those who declare the inadmissibility of the litigation-administrative appeal or make their continuation impossible.

b) Those that put an end to the separate piece of suspension or other precautionary measures.

c) The execution of the sentence, provided that they resolve issues that are not decided, directly or indirectly, in that or that contradict the terms of the failure that is being executed.

(d) The dictates in the case provided for in Article 91.

(e) The dictates in application of Articles 110 and 111.

2. In order to be able to prepare the appeal in the cases provided for in the previous paragraph, it is necessary to bring the appeal in advance.

Article 87a.

1. Without prejudice to the provisions of Article 93.3, the appeal before the Court of Justice-Administrative Court of the Supreme Court shall be limited to matters of law, with the exception of matters of fact.

2. The claims of the appeal must be for the annulment, in whole or in part, of the judgment or order under appeal and, where appropriate, the return of the cars to the Court of Justice or the decision of the Court of Justice of the European Union. The Supreme Court's administrative dispute within the terms in which the debate appeared.

3. The Office of the Government of the Supreme Court may, by agreement, be published in the Official Gazette of the State, the maximum extent and other extrinsic conditions, including those relating to its presentation by telematic means, of the written in the form of interposition and opposition of the appeals.

Article 88.

1. The appeal may be admissible when, in the case of a particular infringement of the legal order, both procedural and substantive, or of the case-law, the Court of Justice-Administrative Court of the Supreme Court finds that the There is a case in point for the formation of case-law.

2. The Court of Cassation may assess that there is an objective case-law, which expressly provides for it in the order of admission, where, inter alia, the judgment is contested:

(a) Set out, in the face of substantially equal issues, an interpretation of the rules of State or European Union law on which the contradictory judgment with which other courts have jurisdiction is based set.

b) Feel a doctrine on such rules that may be seriously harmful to the general interests.

c) Affects a large number of situations, either in itself or by transcending the case object of the process.

d) Resolve a debate that has been about the constitutional validity of a rule with a range of law, without the impropriety of raising the relevant question of unconstitutionality to be sufficiently clarified.

e) Interpret and apply apparently in error and as the foundation of your decision a constitutional doctrine.

(f) Interpret and apply European Union law in apparent contradiction with the case-law of the Court of Justice or in cases where the intervention of the Court of Justice may still be enforceable.

g) Resolve a process in which a general-character disposition was directly or indirectly impugned.

h) Resolve a process in which the contested was a convention held between public administrations.

i) It has been given in the special procedure for the protection of fundamental rights.

3. It will be presumed that there is objective casational interest:

(a) Where in the contested decision rules have been applied in which the reason for deciding on which there is no case-law is sustained.

b) When such a resolution is deliberately set aside from existing case-law, it is considered wrong.

(c) Where the judgment under appeal declares a general provision null and void, unless it is, in all evidence, lacking sufficient significance.

d) When it resolves remedies against acts or provisions of regulatory or supervisory bodies or state agencies whose prosecution corresponds to the National Court's Board of the Contentious-Administrative Board.

e) When resolving appeals against acts or provisions of the Governments or Government Councils of the Autonomous Communities.

However, in the cases referred to in (a), (d) and (e), the appeal may be inadmissible by reasoned order when the Court finds that the case is manifestly lacking in the objective of the objective of the training of case-

.

Article 89.

1. The appeal shall be brought before the Board of Appeal within 30 days from the date of notification of the decision being made, which shall be entitled to those who have been a party to the proceedings, or who shall be entitled to have been.

2. The written preparation shall, in separate paragraphs, be headed with an express heading of what they are dealing with:

(a) Credit the compliance of the regulated requirements in order to the time limit, the legitimization and the use of the resolution that is challenged.

b) Identify precisely the rules or case-law that are considered to be infringed, justifying that they were alleged in the process, or taken into consideration by the Board of Instance, or that it should have been observed yet without being alleged.

(c) Credit, if the offence imputed is of rules or of case-law relating to the acts or procedural guarantees which produced defencement, which was requested for the remedy of the fault or transgression in the instance, of having there was a timely procedural time for this.

(d) Justify that the imputed infringements have been relevant and decisive in the decision taken in the decision to be taken.

(e) Justify, in the event that the Court has been given by the Court of Justice of a High Court of Justice, that the rule allegedly infringed is part of State or Union law European.

(f) In particular, it should be based on a particular reference to the case, that some or some of the cases which, in accordance with paragraphs 2 and 3 of the previous Article, allow for the assessment of the objective and the objective of the A statement by the Supreme Court's Administrative Court of Justice.

3. If the written preparation is not submitted within thirty days, the judgment or order shall be signed, thus declaring the Letter of the Administration of Justice by decree. Against this decision, only the direct appeal for review under Article 102a of this Law will be available.

4. If, even if it has been submitted in time, it does not comply with the conditions laid down in paragraph 2 of this Article, the Board of Appeal shall, by reasoned order, have the appeal not prepared, rejecting the siting of the parties and the referral of the the actions to the Supreme Court. This order may only be filed against a complaint, which will be substantiated in the form established by the Civil Procedure Act.

5. If the conditions laid down in paragraph 2 are met, the Court shall, by order in which its concurrence is sufficiently reasoned, have the appeal, in order to order the parties to appear for it to appear. within 30 days before the Court of Justice of the Supreme Court, as well as the reference to that of the original orders and the administrative file, and, if appropriate, shall deliver succinct opinion and be founded on the the objective interest of the case for the formation of case-law, which will link the referral.

6. Against the order in which the appeal is prepared, the contested party may not bring any action, but may object to its admission to the time of appearing before the Supreme Court, if it does so within the meaning of Article 1 (1) of the Treaty. location.

Article 90.

1. If the original orders and the administrative file are received, the Section of the Board of Appeal of the Supreme Court referred to in the following paragraph may, exceptionally and only if the characteristics of the case advise, to hear from the 30-day common timelimit parties on whether the appeal is an objective case for the formation of case-law.

2. The admission or admission to proceedings of the appeal shall be decided by a Section of the Chamber of the Administrative-Administrative of the Supreme Court composed of the President of the Chamber and by at least one Magistrate of each of its other Sections. With the exception of the President of the Chamber, such composition shall be renewed for half of one year from the date of its first constitution and thereafter every six months, by agreement of the Governing Board of the Supreme Court which shall determine its members for each of these periods and which will be published on the website of the Judiciary.

3. The decision on the admission or inadmissibility of the appeal shall take the following form:

(a) In the cases referred to in Article 88 (2), in which the existence of an objective casational interest for the formation of case-law is to be assessed, the decision shall take the form of providence, if it decides on the inadmission, and self, if you agree to admission to processing. However, if the body which issued the contested decision has issued the procedure laid down in Article 89.5, which, in addition to the one founded, is in favour of admission of the appeal, the inadmissibility shall be agreed by a reasoned order.

(b) In the cases referred to in Article 88 (3), in which there is a presumption of the existence of an objective casational interest, the inadmissibility shall be agreed by a reasoned order in which it is justified that the conditions of the case are met. set.

4. Admission orders shall specify the question or questions in which it is understood that there is objective casational interest and shall identify the rule or legal rules which shall in principle be the subject of interpretation, without prejudice to the fact that the (i) to extend to others if the debate in the appeal is finally brought to an end. The provisions of inadmissibility shall indicate only where one of these circumstances is present in the appeal:

(a) the absence of the rules governing the time limit, the legitimisation or the use of the contested decision;

(b) failure to comply with any of the requirements set out in Article 89.2 for the preparation;

c) not being relevant and determining the failure of any of the reported violations; or

d) lack in the case of the case-law for the training of case-law.

5. No recourse shall be made against the providences and the cars for admission or inadmission.

6. The Judge of the Administration of Justice of the Chamber shall immediately inform the Board of Appeal of the decision taken and, if it is inadmissible, shall return the proceedings and the administrative file received.

7. The right of appeal shall be published on the website of the Supreme Court. On a half-yearly basis, its Board of the Administrative-Administrative Board shall make public, on the aforementioned website and in the "Official State Gazette", the list of appeals admitted to be processed, with a summary of the rule or rules which will be the subject of interpretation and programming for resolution.

8. The inadmissibility of the appeal shall entail the imposition of the costs on the appellant, which may be limited to a part of them or up to a maximum amount.

Article 91.

1. The preparation of the appeal shall not prevent the provisional execution of the judgment under appeal.

The parties favored by the judgment may urge their provisional execution. Where damage of any kind may be caused, the measures which are appropriate to prevent or mitigate such damage may be agreed. The presentation of caution or guarantee may also be required in order to respond to them. The provisional execution may not be carried out until the course or the agreed measure is lodged and accredited in cars.

2. The constitution of the caution shall be in accordance with the provisions of Article 133.2 of this Law.

3. The Court of Instance shall refuse provisional enforcement where it may create irreversible situations or cause harm of difficult repair.

4. Where an appeal is made, the Court of Justice shall give a considerable amount of evidence of the orders and of the judgment under appeal for the purposes of this Article.

Article 92.

1. The Board of Justice of the Administrative Board of the Court of Justice of the Supreme Court shall give the right of appeal to the Court of Justice of the European Communities in which the proceedings are to be sent to the Section of the Court of Justice. The Board responsible for processing and decision making and making known to the appellant that it has a period of 30 days, from the notification of that part, to submit to the Secretariat of that competent Section the written statement of the appeal is lodged. During this period, the proceedings and the administrative file shall be manifest in the Office.

2. After that period without submitting the letter of interposition, the Court of Justice shall declare the action to be deserted, ordering the return of the action received to the Chamber from which it came. Against such a declaration, only the resources provided for in Article 102a of this Law may be brought in.

3. The interposition paper shall, in separate paragraphs, be headed with an express heading of what they are dealing with:

(a) Expose reasoned why the rules or the case-law have been infringed that as such were identified in the written preparation, without being able to extend to other or other not considered, and not to be considered, and not only to cite, the judgments of the Supreme Court that in the judgment of the party are expressive of that case-law, in order to justify their applicability to the case; and

b) Precise the sense of the pretenses that the party deduces and from the pronouncements it requests.

4. If the letter of interposition does not comply with the above paragraph, the Section of the Chamber of the Administrative-Administrative Court of the Supreme Court competent for the decision of the appeal shall agree to hear the appellant on the Failure to comply with the judgment and, without further formalities, will dictate judgment if it were to be understood after the hearing that the breach was true. It shall impose on that party the costs incurred, which may be limited to a part of them or up to a maximum figure.

5. In another case, it shall agree to transfer the written application to the party or parties under appeal and persons so that they can object to the appeal within the common period of 30 days. During this period, the proceedings and the administrative file in the Office shall be made manifest. In the case of an objection, the appeal shall not be inadmissible.

6. On the expiry of that period, the section responsible for the decision of the appeal, either on its own initiative or at the request of any of the parties made by another party in the letters of opposition or opposition, shall have submitted or not submitted the opposition. agree to the public hearing unless it was understood that the nature of the case makes it unnecessary, in which case it shall declare that the appeal is terminated and pending a vote and judgment. The marking of the day on which the hearing is to be held or where the act of voting is to take place shall respect the programming which, as a matter of priority to the criterion of the greatest age of the appeal, may have been established.

7. Where the nature of the case so advises, the President of the Court of Justice-Administrative Court of the Supreme Court, of its own motion or at the request of the majority of the Members of the Section referred to above, may agree that the acts of public hearing or voting and failure to take place before the Chamber's plenary session.

8. The competent Section, or the Chamber's Plenary in the case provided for in the preceding paragraph, shall deliver a judgment within 10 days of the end of the deliberation for a vote and judgment.

Article 93.

1. The judgment shall determine the interpretation of those State rules or the interpretation of those rules of the European Union on which, in the case of admission to proceedings, the judgment of the Supreme Court was deemed necessary. And, in accordance with it and the other rules that are applicable, it shall resolve the questions and claims deducted in the proceedings, annulling the judgment or order under appeal, in whole or in part, or confirming them. It may also, where it justifies its need, order the action to be retrofitted at a certain time in the application procedure to follow the course ordered by the law until its completion.

2. If it appreciates that the judicial-administrative court order is not competent for the knowledge of those claims, or that the court of instance was not competent, it shall annul the contested decision and indicate, in the first case, the a specific court order which is deemed to be competent, with the effects provided for in Article 5.3 of this Law, or, in the second, shall refer the proceedings to the judicial body which it would have had to hear from them.

3. In the resolution of the specific legal dispute which is the subject of the proceedings, the Supreme Court may incorporate into the facts admitted as proven by the Board of Appeal those which, having been omitted by the Court, are sufficiently justified according to the actions and whose taking into account is necessary to assess the alleged infringement of the rules of the legal order or the case-law, including the diversion of power.

4. The judgment delivered at the time of proceedings referred to in paragraph 8 of the foregoing Article shall take a decision on the costs of the application in accordance with Article 139.1 of that law and shall, as regards the costs of the appeal, an appeal, that each party pays off those caused to its instance and the common ones in half. However, it may impose those of the appeal on a single one of them where the judgment appreciates, and so provides, that it has acted in bad faith or fear; imposition which may limit a part of them or up to a maximum figure. '

Dos.Sections 4. and 5. of Chapter III of Title IV, integrated by Articles 96 to 101, are deleted.

Three. Article 102 is amended as follows:

" Article 102.

1. There will be a review of a firm statement:

(a) If, after a decision, decisive documents are recovered, not contributed by force majeure or by the work of the party in whose favour it has been given.

(b) If it is the result of documents which, at the time of the document, were not known to have been recognized and declared false or whose falsehood was recognized or declared after.

(c) If given by evidence of evidence, witnesses have been convicted of false testimony given in the statements that served as the basis for the sentence.

(d) If a judgment has been given under cover, prevarication, violence or other fraudulent scheming.

2. Review proceedings may also be brought against a final court decision when the European Court of Human Rights has declared that such a decision has been given in violation of any of the rights recognised in the Convention. European Union for the Protection of Human Rights and Fundamental Freedoms and its Protocols, provided that the violation, by its nature and gravity, has effects that persist and cannot cease in any other way than through this review, without it being able to harm the rights acquired in good faith by third parties.

3. As regards legitimization, time limits, procedures and effects of the judgments given in this review procedure, the provisions of the Law on Civil Procedure shall be governed. However, there shall only be a holding of sight when it is requested by all the parties or by the Chamber as necessary.

4. The review of accounting liability shall take place in the cases provided for in the Act on the Functioning of the Court of Auditors. '

Four. A new paragraph 3 is inserted in Article 108, with the following wording:

" 3. The Judge or Court, in cases where, in addition to declaring that the construction of a building is contrary to the rules, he orders the demolition of the building, and the replacement to his state of origin of the altered physical reality, will require, as condition prior to the demolition, and unless a situation of imminent danger would prevent it, the provision of sufficient guarantees to respond to the payment of compensation due to third parties in good faith. "

Five. Article 139 is amended as follows:

" Article 139.

1 In the first or only instance, the court, in the judgment or in the decision by order of the remedies or incidents which are promoted to it, shall impose the costs on the party which has rejected all of its pretenses, except that I appreciated and so reasoned, that the case had serious doubts in fact or in law.

In the case of an estimate or partial dismissal of the claims, each party shall pay the costs incurred at the request of the Court and the common costs in half, unless the court, duly reasoned, imposes them on a of them for having sustained their action or brought the action with bad faith or fear.

2. The costs shall be imposed on the appellant if the appeal is totally dismissed, unless the court, duly reasoning, appreciates the concurrence of circumstances justifying its non-imposition.

3. In the appeal, the costs shall be imposed in accordance with the provisions of Article 93.4

4. The imposition of the costs may be all, part of them or up to a maximum figure.

5. For the levy on the costs imposed on individuals, the creditor administration shall use the award procedure, in default of voluntary payment.

6. In no case shall the costs be imposed on the Prosecutor's Office.

7. The costs incurred in the cars shall be regulated and assessed in accordance with the provisions of the Civil Procedure Act. '

Final disposition fourth. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Law 1/2000 of 7 January of Civil Procedure is amended as follows:

One. Article 45 is amended as follows:

" Article 45. Jurisdiction of the Courts of First Instance.

1. It is up to the Courts of First Instance to know, in the first instance, all civil matters which are not expressly provided for in other courts.

2. They shall also be aware of such Courts:

a) Of the matters, acts, issues and resources attributed to them by the Organic Law of the Judiciary.

b) Of natural person contests other than an employer. "

Two. Article 115 is amended as follows:

" Article 115. Recusal. Competence to instruct and resolve recusal incidents.

1. The provisions of the Organic Law of the Judiciary for Judges and Magistrates shall apply to the recusal of the Secretaries, with the following specialties:

(a) The Judicial Secretaries may not be challenged during the practice of any diligence or performance that they are in charge of.

(b) The recusal piece shall be settled by the Secretary of Government concerned, upon instruction of the incident by the corresponding Coordinating Secretary, or, where appropriate, the Judicial Secretary whom the Secretary of State shall designate. "

Three. Article 116 is amended as follows:

" Article 116. Recusal report.

Submitted the recusal document, the Judicial Secretary recused will inform in detail in writing whether or not it recognizes as certain and legitimate the alleged cause, giving the written transfer to the Coordinating Secretary for the Secretary of Government, or, where appropriate, directly to the Secretary of Government who is required to be aware of the recusal. "

Four. Article 117 is amended as follows:

" Article 117. Acceptance of recusal by the recused.

1. When the recusal recognizes the cause of the recusal as true, the Secretary of Government will dictate decree, without further formalities and without further recourse, having him for recusal, if he considers that the cause is legal.

2. If he considers that the cause is not of the kind in the Law, he will declare that there is no place for the recusal. No recourse will be given against this decree. "

Five. Article 118 is amended as follows:

" Article 118. Opposition of recusal and substantiation of recusal.

When the recusal denies the certainty of the alleged cause as the basis of the recusal, if the instructor admits to the proposed recusal, the Coordinating Secretary will order the practice, within ten days, of the the requested evidence that it considers relevant and useful, moving to the Fiscal Ministry for a period of three days. After this deadline, with or without a report from the Prosecutor's Office, he will forward it to the Secretary of Government who will decide the incident within the next five days. No appeal shall be brought against that decision. '

Six. A new paragraph 4 is added to Article 138, which is worded as follows:

" 4. The list of the court's statements must be made public. Judicial Secretaries shall ensure that the competent officials of the Office of the Court of Justice publish in a place visible to the public, on the first working day of each week, the relationship of statements relating to their respective judicial body, with an indication of the date and time of its conclusion, type of action and number of procedures. '

Seven. Article 140 (1) and (2) are amended as follows:

" 1. Lawyers of the Administration of Justice and competent officials of the Office of the Judiciary shall provide any person who has a legitimate and direct interest in the state of the proceedings to provide information on the status of the proceedings. which may be examined and known, unless they are or have been declared reserved in accordance with the law. They may also request those, at their expense, to obtain simple copies of written documents and documents which are not reserved.

2. At the request of the persons referred to in the preceding paragraph, and at their expense, the evidence and certificates they request shall be issued by the Letters of the Administration of Justice, with the expression of their addressee. "

Eight. Article 147 is amended as follows:

" Article 147. Documentation of the performances by means of recording and reproducing systems of the image and the sound.

The oral proceedings in hearings, hearings and hearings held before the Tribunal shall be recorded in support suitable for the recording and reproduction of the sound and image.

Whenever the necessary technological means are available, the Judicial Secretary shall ensure the authenticity and integrity of the engraving or reproduced by the use of the recognized electronic signature or other system of security which, in accordance with the law, offers such guarantees. In this case, the holding of the act shall not require the presence in the room of the judicial secretary unless the parties have requested it, at least two days before the holding of the hearing, or if it is exceptionally deemed necessary by the Judicial Secretary in the light of the complexity of the matter, the number and nature of the tests to be carried out, the number of interveners, the possibility of incidents that could not be registered, or the concurrency of other parties equally exceptional circumstances to justify it. In such cases, the Secretary-Judicial shall extend the summary record in the terms provided for in the previous article.

Oral performances and views recorded and documented in digital support may not be transcribed, except in cases where a law so determines.

The Judicial Secretary must keep the electronic document that serves as a support for the recording. The parties may request copies of the original recordings at their expense. "

Nine. Article 212 (2) is amended and read as follows:

" 2. Without prejudice to the second subparagraph of Article 236 (1) of the Organic Law 6/1985 of 1 July of 1 July of the Judicial Branch, any person concerned shall be allowed access to the text of the judgments or to certain These are extreme. This access may only be carried out after the dissociation of the personal data which they contain and with full respect to the right to privacy, to the rights of persons requiring a special duty of protection, to the guarantee the anonymity of the injured, where appropriate, as well as, in general, in order to prevent the judgments from being used for purposes contrary to the laws. "

Ten. Article 266 is amended and read as follows:

" Article 266. Documents required in special cases.

They will be accompanied by the demand:

1. The documents that justify the title in which food is requested, when this is the object of the claim.

2. The documents that constitute a principle of proof of the title in which the demands for the retraction are merged and, where the entry of the price is required by law or by contract, the document that accredit having entered, if any known, the price of the item being retracted or the provision of caution to ensure the entry as soon as the price is known.

3. The document in which the succession of the mortis has been verified in favour of the plaintiff, as well as the relationship of the witnesses who may declare on the absence of a holder of a title of owner or usufrutuario, when seeks to bring the applicant into possession of property which it claims to have acquired by virtue of that succession.

4. Other documents that this or other law expressly requires for the admission of the claim. "

Once. Article 403 is amended, which is worded as follows:

" Article 403. Admission and exceptional cases of inadmission of the claim.

1. The claims will only be inadmissible in the cases and for the reasons expressly provided for in this Law.

2. Applications shall not be admissible where the documents expressly required by law for the admission of such documents are not accompanied by any attempt to reconcile or make requests, claims or consignations that are required in cases special. "

Twelve. Article 483 (2) is amended and read as follows:

" 2. The appeal shall be inadmissible:

1. º If the resource is improper, the statement or any other defect in a non-subsable form is not feasible.

2. º If the written application of the appeal does not comply with the requirements laid down, for the various cases, in this Law.

3. º If the case does not reach the required amount, or there will be no case-law for non-existence of opposition to the case-law, for lack of contradictory case-law or if the rule that is intended is infringed For more than five years or, in the judgment of the Chamber, there is a case of the Supreme Court's case-law of the Supreme Court or of a previous one of equal or similar content.

The appeal shall also be inadmissible in the cases of the second paragraph of Article 477.3, where the High Court of Justice considers that it has established a doctrine on the rule discussed or on a previous one of equal or similar content.

4. º If the resource is manifestly unfounded or other substantially equal resources have already been resolved in the fund. "

Thirteen. Article 510 is amended as follows:

" Article 510. Reasons.

1. There will be a review of a firm statement:

1. No. If after pronounced, decisive documents are recovered or obtained, from which the force majeure or the work of the party in whose favour it has been ordered shall not be available.

2. "No" If you have fallen by virtue of documents that at the time of the dictation ignored one of the parties being declared false in a criminal process, or whose falsehood I will declare after criminally.

3. " If you have relapsed by virtue of evidence testify to the witness or expert, and witnesses or experts have been convicted of false testimony given in the statements that served as the basis for the sentence.

4. º If wrongfully earned by virtue of co-fact, violence or fraudulent scheming.

2. Review proceedings may also be brought against a final court decision when the European Court of Human Rights has declared that such a decision has been given in violation of any of the rights recognised in the Convention. European Union for the Protection of Human Rights and Fundamental Freedoms and its Protocols, provided that the violation, by its nature and gravity, has effects that persist and cannot cease in any other way than through this review, without it being able to harm the rights acquired in good faith by third parties. "

Fourteen. Article 511 is amended as follows:

" Article 511. Active legitimation.

You may request the review who has been harmed by the contested judgment.

In the case of paragraph 2 of the previous article, the review may be requested only by the person who has been a plaintiff before the European Court of Human Rights. "

Fifteen. Article 512 (1), which is worded as follows, is amended as follows:

" 1. Under no circumstances may the review be requested after five years from the date of publication of the judgment to be challenged. Any request for review shall be rejected, which shall be submitted after this deadline.

The provisions of the preceding paragraph shall not apply where the review is motivated by a judgment of the European Court of Human Rights. In this case the application must be made within one year of the determination of the judgment of the Court of Justice. "

Final disposition fifth. Provisions with the character of ordinary law and jurisdiction.

1. The second and fifth additional provisions are in ordinary law, and the final provisions first, third and fourth.

2. This Organic Law is established in the exercise of the exclusive powers conferred on the State in the matter of the Administration of Justice by Article 149.1.5. of the Constitution, except for the first, third and fourth final provisions, which are Article 149.1.6. of the Constitution, which gives the State exclusive jurisdiction to issue procedural law.

Final disposition sixth. Military regulations.

Within two years of the entry into force of this Law, the Government will forward to the Cortes General the Draft Law of Reform of the Organic Law 4/1987, of July 15, of the Competition and Organization of the Jurisdiction Military, which must conform to the provisions of this Law.

Final disposition seventh. Procedural rules.

Within one year of the entry into force of this Law, the Government will forward to the General Courts the draft amendments to the procedural laws that are necessary for the adaptation to the provisions of this Law. approve the precise regulatory standards for its development.

Final disposition octave. Basic statute of the Supreme Court Technical Cabinet Letrates.

Within one year, the government will forward to the General Courts a bill that will regulate the Statute of the Supreme Court's Technical Cabinet. In any case, and with regard to the remuneration of these Letrados, the provisions of Article 23 of Law 38/1988 of 28 December, of Demarcation and of the Judicial Plant, will be included.

Final disposition ninth. Regulatory development.

The General Council of the Judiciary will proceed to draft the regulation that will develop the procedure referred to in Article 296 of the Organic Law of the Judiciary.

Final disposition tenth. Entry into force.

This Law shall enter into force on 1 October 2015, with the exception of paragraphs one, two and five of the third final provision, which shall do so in the year of its publication.

Therefore,

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

Madrid, 21 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY