Resolution 400/38069/2015, 15 June, Of The Secretariat, Which Are Delegated In The Director-General Of Staff And Commanders And Chiefs Of Staff Of The Armies And Navy Certain Competences Related To The Change In Status Ad...

Original Language Title: Resolución 400/38069/2015, de 15 de junio, de la Subsecretaría, por la que se delegan en el Director General de Personal y en los Mandos y Jefes de Personal de los Ejércitos y la Armada determinadas competencias relativas al cambio de situación ad...

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Read the untranslated law here:

Law 15/2014, of 16 September, rationalization of the Public Sector and other administrative reform measures, amends the law 7/2007, of April 12, the Basic Statute of the public employee and law 39/2007, of 19 November, military career, introducing a new administrative situation for military career that is defined as 'Service in the civil administration' and that is developed in a new article 113 bis in the latter.

Reasons of effectiveness suggest that these competences of the Undersecretary of Defense are assumed by the Directorate-General of personnel and by managers or Chief of staff of each army and Navy, in their respective field. The General direction of staff is, according to article 9(2). e of the Royal Decree 1287 / 2010, of 15 October, which develops the basic organizational structure of the Ministry of defence, management, with respect to the military personnel of the common bodies, of the powers conferred to the Undersecretary of Defense. By its part, them controls or headquarters of Personal, low dependency organic of the Chief of State greater respective, have, according to the article 12.2 of the law 39 / 2007, between other functions, participate in the planning and programming of the political of personal military, as well as in few Affairs conditions the career military. Therefore, this delegation would be in line with its current powers.

For this reason, and under the powers conferred on me by article 13 of law 30/1992, of 26 November of the legal regime of public administrations and common administrative procedure, as amended by law 4/1999 of 13 January, modification of law 30/1992, prior approval of the Minister of defence, I have: first. Purpose.

Delegate certain powers conferred to the Undersecretary of Defense relating to the career military pass to the administrative situation of 'services in the civil administration'.

The second. Delegation of powers.

One. Is delegate in them controls and heads of Personal of them armies and the armed for the personal of their respective armies and in the Director General's Personal for all it relative to the personal of them bodies common and in them General / admirals Chief of Personal of them armies and of the armed for the personal of their respective armies , the competition for the emission of them certified for the participation of them military of career in them provisions of posts of work in it administration civil, planned in the point 2 of the article 113 bis of the law 37 / 2009, of 19 of November of it career military, modified by the law 15 / 2014, of 16 of September.

Two. It is delegated to the Director General of personnel, competition to solve the career military pass to the situation of 'services in the civil administration'.

Third party. Administrative resolutions.

Administrative decisions taken pursuant to the present delegation shall indicate expressly this circumstance, stating in the antefirma the expression «by delegation", with the appointment of the present resolution.

Room. Certiorari.

In accordance with the provisions of article 14 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, by means of reasoned agreement, the delegating authority can arrogate knowledge and resolution of any matter covered by this delegation.

Sole final provision.

The present resolution will enter in force the same day of its publication in the «Bulletin official of the State».

Madrid, 15 June 2015.-the Undersecretary of Defense, Irene Dominguez-Alcahud Martin-pena.