Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6559
Article 59 of the law 39/2007, of 19 November, military career, establishes that to access the scales of officers we must overcome curricula, have completed university degree requirements and the test to be determined according to the rules.
To give response to the honored ambition professional that stimulates to the military to achieve the more high level of competition professional and reach them maximum jobs, it cited law 39 / 2007, of 19 of November, implanted ones processes of promotion that allow the change of scale and, in his case, of body, of them military professional that meet them requirements required. In these processes the merits will be assessed, including weather services, entry places will be reserved and, where appropriate, facilities for the obtaining of required qualifications of the general education system will be. Within the framework of these facilities to obtain qualifications required of the system education general has provided the aid regulated by this ministerial order.
He Real Decree 35 / 2010, of 15 of January, by which is approves the regulation of entry and promotion and of management of the teaching of training in them forces armed, in accordance with it regulated in the article 62 of the law 39 / 2007, of 19 of November, facilitates them processes of promotion of them military professional that meet them requirements General and specific that is established in the regulation. As regards non-commissioned officers, promotion through the specific reservation of places in the general model is favored and setting shorter training processes, within Access with qualifications, for those who have previously obtained. Is makes also more permeable the promotion for the troop and crew, enabling them the entry in them teachings of training of official without have that make a transit prior by them scales of noncommissioned officers.
He article 17.1 of the law 38 / 2003, of 17 of November, General of grants, sets that in the field of the Administration General of the State, as well as of them agencies public and remaining entities of right public with personality legal own linked or dependent of that, them ministers corresponding established them timely bases regulatory of the concession of them grants. Them cited bases is approved by order ministerial, in accordance with the procedure provided in the article 24 of the Law 50 / 1997, of 27 of November, of the Government, and prior report of them services legal and of the intervention associate corresponding, and will be object of publication in the «newsletter official of the State». During its processing, this ministerial order was informed by the professional associations with representation on the Board of staff of the armed forces, in accordance with article 40.2. b) of law 9/2011, of 27 July, rights and duties of members of the armed forces. Finally, pursuant to the provisions of article 49.1. c) of the above-mentioned law, has been informed by the staff of the armed forces.
In his virtue, with the approval prior for the Minister of Hacienda and administrations public, have: article 1. Object.
It is the object of these bases regulators establish aid for the obtaining of the qualifications of the general education system, aimed at facilitating promotion processes that allow the change of scale and, where appropriate, of Corps of military professionals who meet the requirements.
Article 2. Scope of application.
These regulatory bases aid will target military professionals belonging to the scale of nurse officers, scales of non-commissioned officers and troop and crew, who fulfil the conditions for membership in military educational institutions of training for access to official qualification demand scales.
Article 3. Principles that govern the grant.
The aid referred to in these regulatory bases will be awarded in accordance with the principles of publicity, transparency, free competition and equality of treatment between men and women, and objectivity, with the only limitation of the existing budgetary availabilities, and in accordance with article 22.1 and articles 23 to 27, of law 38/2003 of 17 November , General of grants.
Article 4. Amount of aid for obtaining qualifications.
(In order to facilitate the obtaining of them degrees of the system educational general, required for the income in them centers teaching military of training for the access to them scales of official with requirement of degree, from them members of them forces armed object of the present order, is set them following types of aid: to) fertilizer of them rates corresponding to them credits approved of them degrees required in accordance with them amounts approved by them communities autonomous.
(b) helps for the acquisition of books and material teaching necessary for study them degrees required as well as the expenses of processing of degree. To this effect the maximum amount will be 100 euros per person receiving assistance upon justification.
Article 5. Requirements of the beneficiaries.
They may be beneficiaries of the aid provided for in these regulatory bases military professionals referred to in article 2 which, having full capacity to act and when not disabled to obtain grants or public subsidies, fulfil the following conditions: to) be enrolled in one of the lessons for obtaining the qualifications of degree from the general education system , with which is can enter in them centers teaching military of training for study them teachings to incorporate is to them scales of official, in accordance with what sets the annex II of the regulation of entry and promotion and of management of the teaching of training in them forces armed, approved by the Real Decree 35 / 2010, of 15 of January , and those determined by the Minister of defence pursuant to the arranged there.
b) be able to obtain the required qualifications without having served 34 years, except for the degrees of medicine and music, and in particular: 1. have exceeded the total number of credits that make up the 1st course free under the age of 31.
2 have exceeded the total number of credits that make up the 2nd course without having served 32 years.
3 have passed the total number of credits that make up the 3rd course without having served 33 years.
4 have exceeded the total number of credits that make up the 4th course without having served 34 years.
(c) beneficiaries who are enrolled to obtain degree in medicine should be able to obtain such qualifications without having served 36 years and in particular: 1. have exceeded the total number of credits that make up the 5th course without having fulfilled the age of 35.
2 have exceeded the total number of credits that make up the 6 course without having fulfilled the age of 36.
(d) beneficiaries who are enrolled to obtain the Bachelor's degree in music, specialty address or instrumentalist, must be able to obtain such qualifications without having served 36 years and in particular: 1. have exceeded the total number of credits that make up the 1st course of specialty without having fulfilled the age of 35.
2 have exceeded the total number of credits that make up the 2nd specialty course without having fulfilled the age of 36.
(e) not have been third employment in their scale of origin.
Article 6. Obligations of the beneficiaries.
The beneficiaries of the aid provided for in these regulatory bases must engage a: to) obtain the degree that leads the teachings which is registered before having fulfilled the 34 or 36 years, in accordance with the criteria laid down in the preceding article.
b) participate in the first selection process, which required the degree obtained, to joining the scales of officers in the forms of promotion for change of scale or promotion for change of body, as appropriate, in the form of income with previous University degree requirement.
(c) in the case of not get square in the process referred to in the previous point, the beneficiary undertakes to participate in all processes that are called that they require the degree obtained until reaching the age limit or limit of calls laying the regulation of entry and promotion and management of teaching training in the armed forces for the same.
Article 7. Criteria objectives of valuation for the grant of the aid.
(1. for the award of the aid planned in these bases regulatory is sets a system of score in accordance with them following criteria: to) each one of them credits of it degree corresponding approved in first call has a value of three points.
(b) each one of the credits of the degree corresponding approved in second call has a value of two and half points.
(c) each one of them credits for the degree corresponding approved in third call has a value of a point.
(d) the credits approved in fourth, and later not scored.
(e) the points corresponding to the credits of 1 course multiplied by one.
(f) the points corresponding to the credits of 2nd course multiplied by two.
(g) the points corresponding to 3 credits course multiplied by three.
(h) the points corresponding to the 4th credits course multiplied by four.
(i) the points corresponding to them credits of 5 and 6 course for the case of them titles of grade in medicine and 1st and 2nd course of specialties music, multiplied by four.
2. the granting of the aid will be in order of score obtained from major to minor and equal them you shall be granted to the beneficiary's age.
Article 8. Calls.
1 you will be competent for the call and resolution ("awarding body") of the procedure for granting this order grants the Minister of defence. Also, will be competent for the instruction and management of the procedure of concession of grants the direction General of recruitment and teaching military.
2. the procedure will begin through publication in the «Bulletin official of the Ministry of defence"and will be processed on a competitive basis. Management and instruction will be conducted by the General Sub-Directorate of military education. The evaluation of them requests is will take to out by a Commission of valuation («organ collegiate»), presided over by the Deputy Director General of teaching military or it person that this appoint to the effect, with range of Colonel and formed part of the same a Secretary with the range of Lieutenant Colonel belonging to the Subdirectorate General of teaching military that will act with voice but without vote , and two members appointed by the President, with the rank of Lieutenant Colonel or Commander, between the Subdirectorate-General for teaching military personnel. For all purposes the Commission's assessment will be served only with personal, technical and budgetary means of the body that is integrated, in accordance with article 2(2) of the Royal Decree 776/2011 3 June, whereby certain colleges are abolished and establishing criteria for standardization in the creation of bodies registered in the General Administration of the State and its public bodies.
3. the requests may present is within them twenty-two days working counted starting from the day following to the of the publication of the call in the «newsletter official of the Ministry of Defense». The filing of the application may be made by electronic means, in accordance with law 11/2007, of 22 June, electronic access of citizens to public services.
4. the resolution of award will put end to it via administrative and against it same may filed is resource optional of replacement before the Ministry of Defense, in the term of a month, in accordance with it willing in them articles 116 and 117 of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common or directly resource contentious before it room of it contentious-administrative of it audience national , within the period of two months as from the day following the notification or publication, in accordance with the provisions of articles 11.1 and 46.1 of law 29/1998, of July, regulating the contentious jurisdiction.
5. the organ instructor will be ex officio actions it considers necessary for the determination, knowledge and verification of the data which must be given support. The filing of the application by the interested party entails authorization to the managing body to gather the necessary information, as well as the obligation to provide, at all times how much information required them Subdirectorate-General for teaching military or by the General Directorate of recruitment and military education.
6. in the evacuation of the pending of audience to the interested, the organ of instruction shall ensure by the compliance of the rules of protection of data of character personal.
Article 9. Notification and publication.
1. the decision of granting of the aid will be published in the «Bulletin official of the Ministry of defence», including beneficiaries with expression of the amount perceived, as well as those who are excluded, indicating the cause of exclusion 2. Also the resolution of granting of the aid to the person concerned shall be notified pursuant to the provisions of articles 58 and 59 of the law 30/1992, of 26 November.
3. it resolution and notification of the resolution must carry is to out in the term maximum of six months, to count from the publication of the corresponding call, unless it publication postpone their effects to a date later. Expiry of this period unless the decision has been published, those interested may understand rejected your request by administrative silence, in accordance with the provisions of article 25.5 of the law 38/2003 of 17 November.
Article 10. Measures to ensure the fulfillment of the purpose of aid.
1. the finding of a breach of obligations as a result of the granting of the aid, may give rise to the extinction of the right, your enjoyment or the reinstatement of perceived quantities and, where appropriate, the initiation of the corresponding disciplinary record, as envisaged in the law 38/2003 of 17 November. For the verification of compliance, the Directorate of recruiting and teaching military required documents it deems appropriate for the purpose of justifying the fulfillment of the obligations described in article 6. The beneficiaries of the aid must be justified received subsidies, through presentation of the invoice for registration, before the end of the year in which this occurs.
2. the removal not justified of the course will lead to the return of the part proportional of them studies not made.
3 also the breach of articles 6.b) and 6.c) will involve the return of the proportional part of the aid received.
4 not passing the course will involve non-allocation of new aid for the same studies.
(5 also not allocation of aid will involve any breach of article 6.a).
Article 11. Incompatibilities.
Supports regulated here, in General, will be incompatible with any others, which for the same purpose, to receive of other entities or public or private persons.
Article 12. Modification and reinstatement.
1 when arise specific circumstances that alter the conditions taken into account for the application or grant, the beneficiary may request modification of resolution of concession. Once the period of fifteen days, to enact and notify the resolution, from the presentation of modification by the person concerned, and if notification is not received, this shall be deemed accepted. Accepted modification of resolution of grant, the applicant shall be required, immediately you have received notification of acceptance or after the deadline above, to the repayment of the principal and interest corresponding to accepted downward and accreditation to the awarding authority of his entry into the treasure.
2. also will proceed the reinstatement of perceived quantities when any of the cases provided in article 37.1 of law 38/2003 of 17 November, in accordance with articles 41 to 43 of law 38/2003 of 17 November. In these cases, the interest on arrears corresponding shall be required in addition to the reinstatement of perceived quantities.
3. also proceed modification of resolution of award, ex officio by the awarding authority, when there is failure to the beneficiary finished studies for reasons unrelated to this and which have arisen.
4 in any case shall be taken into account the following rules: to) the reinstatement will be total when studies are not conducted or are not fulfilled the obligations laid down in articles 6.b) and 6.c), for reasons imputable to the beneficiary.
(b) obtain concurrent grants or aid that have not been previously reported by the beneficiary, will lead to the full reinstatement of perceived quantities.
5 apply to decisions made on the basis of this article, provisions of article 8.4 of this provision in relation to the system of resources.
6. the amounts perceived not may be modified to the stands.
Article 13. Funding.
It expenditure maximum by allocation will correspond to the amount of them rates (both of enrollment, as of processing of the title) fixed by them communities autonomous for each degree, as well as an amount maximum of 100€ for the acquisition of books and material. He number of assignments will come conditioned by it availability budgetary that must mold is to the availability of the chapter 14.01. 121N. 487 without in no case exceeds the amount of the 60% of the amount set annually in them budgets of the State corresponding for said chapter. Annually is made them settings necessary for them grants respond with efficiency to them changes produced in each exercise, subject is in all case its compliance to the objective of the stability budgetary.
Provision additional first. Military of complement.
While persists personal belonging or attached to the scales of officials that they do not have the qualifications required for the change of scale, it will be of application this ministerial order provided that they are able to obtain the required qualifications without having served 36 years.
Second additional provision. No increase in public spending.
The measures included in this standard may not assume increased allowance or remuneration of other staff costs.
Available end first. Regime legal.
In it not planned in this order ministerial is will be to it willing in the law 38 / 2003, of 17 of November, in the regulation of the law 38 / 2003, of 17 of November, General of grants, approved by the Real Decree 887 / 2006, of 21 of July, and in the law 30 / 1992, of 26 of November, as well as in few others provisions existing result of application.
Available to finish second. Faculty of development.
Is empowered to the Undersecretary of Defense to dictate them provisions and resolutions necessary for the development and application of this order ministerial.
Third final provision. Entry into force.
This ministerial order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 1 June 2015.-the Minister of Defense, Pedro Morenés Eulate.
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