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Royal Decree-Law 3/2015, 22 March, Whereby An Additional And Extraordinary Public Employment Offer Expected To Fight Fraud In Public Services, For The Promotion Of The Functioning Of The Administration Of Justice And In A...

Original Language Title: Real Decreto-ley 3/2015, de 22 de marzo, por el que se prevé una oferta de empleo público extraordinaria y adicional para luchar contra el fraude en los servicios públicos, para el impulso del funcionamiento de la Administración de Justicia y en a...

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TEXT

I

The results that the various economic indicators in recent times contain, make it possible to state that budgetary stability and financial sustainability are not only two pillars on which action is based The economic and budgetary aspects of the public administrations are revealed as two key elements to ensure the reduction of public deficits, economic growth and job creation.

In order to ensure that these principles are properly complied with, which are presented as unavoidable in the financial economic performance of public administrations, it is necessary to have only one appropriate planning and regulation that will allow for the correct and efficient allocation of public resources, which leads, from the point of view of public revenue, to the need to equip itself with the necessary legal framework and the means of materials, and in particular personal ones, that allow the correct and complete application of such a system legal.

The current tax system, in particular, the recent reform of the Law on the Income Tax of the Physical Persons, is proceeding in a determined manner in this line of guaranteeing efficiency in the allocation of resources, which not only to ensure the financial sustainability of public administrations, but also to stimulate economic growth and job creation, without neglecting the care of the most disadvantaged groups.

However, this system would be incomplete but did not have the necessary means to ensure its correct compliance, that is, nothing would serve the most complete and even model.

The fight against circumvention and fraud, both in the tax area and in the field of social security contributions, can only be properly delivered if the appropriate personal means are available.

In this regard, and due to the budgetary restrictions in the last few, the human resources that have been incorporated in the service of the Administration destined to the fight against fraud in its various aspects they are insufficient to carry out the various control and inspection measures that would be necessary, thus presenting as imperative the need to incorporate new personal means that will increase the efforts that are necessary in this regard.

The reduction of tax fraud involves increasing the public revenues to which the public authorities have to be able to access to meet the general interest; but it is also an essential element to allow the reduction of the tax burden and, therefore, economic growth and job creation, as has already been indicated.

All this would justify the incorporation of new places to those already provided for in the Public Employment Offer for the Inspection Corps and the fight against tax and social fraud, through the modification of the replacement rate. established by the State Budget Law for 2015.

II

While the fight against tax fraud, to the extent that it is essential to ensure budgetary stability and financial sustainability, is in itself already an element that would allow for the adoption of urgent and extraordinary character, it is necessary to take into account that compliance with these principles is not only guaranteed by a proper allocation of public resources, but also needs to be combinable in the various areas of the public may interfere with the fulfilment of these principles or in the the reduction of the public deficit, which requires strengthening the personal means for control in those areas which are most lacking in them.

In this case, and in order to achieve these objectives, it is necessary to immediately reinforce the personal means for the functions of control and internal control of the economic and budgetary management, the accounting, treasury and collection, and legal advice, necessary public functions in all Local Corporations, whose administrative responsibility is reserved for local administration officials with a character rating national, in order to respond to the requirements of management and rationalisation of Law 27/2013, of 27 December, of Rationalization and Sustainability of Local Administration and the increase of the content of the functions of economic control in the framework of the regulations of budgetary stability and financial sustainability.

III

One of the parameters that is contemplated when assessing the economy of a country and, therefore, the making of investments in it, is the legal certainty that it offers, both in terms of quality and advertising the rules, as in terms of stability and guarantee of compliance with them.

In this case, the ultimate guarantee of compliance with the law corresponds to the judicial bodies, whose maximum expression are the Judges and Courts. However, and without prejudice to the relevant role that the constitutional and legal role of the people legally corresponds, it is necessary to stress that the last procedural reforms have come to incorporate new competences in favour of the Secretaries of Justice, essential for the right impulse of the judicial processes that citizens and businesses urge.

It is necessary to reduce the time limits for processing the processes, which will undoubtedly result in higher quality justice that reflects in the economic sphere, through the attraction of new investments in our country, which is a clear incentive for economic growth and job creation.

Therefore, it is not possible to delay the implementation of measures aimed at achieving this goal, among which would be the incorporation of new Judicial Secretaries, who are responsible for the Judicial Office, and therefore, to ensure the effectiveness and efficiency in the resolution of court cases.

IV

El Comercio] As the Constitutional Court has stated on several occasions, it is up to the government to appreciate the moment or the economic situation that is most appropriate for adopting measures of general economic policy. where necessary, by the adoption of provisional and immediate effective legislative provisions such as those contained in a Royal Decree-Law.

All the arguments put forward adequately and adequately justify the urgent and extraordinary need for the adoption of this Royal Decree-Law.

In its virtue, in the use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Finance and Public Administrations, after deliberation of the Council of Ministers at its meeting on March 2015,

DISPONGO:

Article 1. Complementary offer on the scale of local administration officials with national empowerment.

In the year 2015 is authorized, in addition to the number of places allocated in the distribution of the replacement rate provided for in Article 21 of Law 36/2014, of December 26, of General State Budgets for the year 2015, the call for up to 200 places on the Scale of Local Administration officials with national empowerment, in order to comply with the provisions laid down in Law 27/2013, of December 27, of rationalization and sustainability of the Local Administration.

In the calls that are made for the places that are now authorized, the subscales corresponding to those provided for in the article will be specified. 92 bis of Law 7/1985 of 2 April, regulating the bases of the local regime.

Article 2. Supplementary provision in the field of the fight against tax fraud and control of expenditure.

In the year 2015 is authorized, in addition to the number of places allocated in the distribution of the replacement rate provided for in Article 21 of Law 36/2014, of December 26, of General State Budgets for the year 2015, the call for 294 places in the field of the fight against tax fraud and control of expenditure, of which 30 places in the Higher Body of State Finance Inspectors, 10 places in the Upper Body of Interventors and Auditors of the State, 194 places in the Technical Body of Finance, 30 places in the Technical Body of Audit and Accounting, and 30 places in the General Administrative Body of the State Administration, a specialty of Public Finance Agents, through the system of incorporation of new personnel to perform their duties in the Ministry of Finance and Public Administration and the State Tax Administration Agency.

Article 3. Complementary offer in the field of the fight against labour and social security fraud.

In the year 2015 is authorized, in addition to the number of places allocated in the distribution of the replacement rate provided for in Article 21 of Law 36/2014, of December 26, of General State Budgets for the year 2015, the call for 150 places in the field of the fight against labor and social security fraud, of which 19 places in the Higher Body of Inspectors of Labor and Social Security, 13 places in the Superior Body of Interventors and Auditors of the Social Security Administration, 5 places in the Superior Body of the Social Security Administration, 25 places in the Higher Technical Administration of the Social Security Administration, 43 places in the Body of Subinspectors of Employment and Social Security, 27 places in the Body of Management of the Social Security Social Security Administration, and 18 places in the Management Body of the Administration of Social Security, a specialty of Audit and Accounting, through the system of incorporation of new personnel to perform their functions in the Ministry of Employment and Social Security and the Social Security Management Entities.

Article 4. Complementary offer in the field of the Administration of Justice.

In 2015 it is authorized, in addition to the provisions of Law 36/2014, of December 26, of General State Budgets for the year 2015, the call of 160 places in the Body of Judicial Secretaries, for perform their duties in the field of the courts of the Administration of Justice.

According to the provisions of the Organic Law 6/1985, of June 1, of the Judicial Branch, fifty percent of the places that are authorized are reserved for their provision by the internal promotion system in the provided for in Article 442 (2) of the above standard, by increasing, those not covered by this procedure, the call for free shift, with the maximum limit of the places allowed in the previous paragraph.

Article 5. Quota of persons with disabilities.

The calls for selective tests that will bring about the provisions of Articles 1, 2 and 3 of this royal decree will reserve a quota of not less than seven percent of the total number of places called for their coverage. between people with disabilities.

The calls for selective tests to be carried out in accordance with the provisions of Article 4 of this royal decree shall reserve a quota of not less than five percent of the total number of places included in the said article for their coverage among persons with disabilities, in accordance with the provisions of the Organic Law 6/1985, of June 1, of the Judicial Branch.

Single end disposition. Entry into force.

This royal decree-law will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 22, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY