Advanced Search

Real Decree 453 / 2012, Of 5 Of March, By Which Is Develops The Structure Organic Basic Of The Ministry Of Justice And Is Modifies The Royal Decree 1887 / 2011, Of 30 Of December, By Which Is Sets The Structure Organic Basic Of Them Depar...

Original Language Title: Real Decreto 453/2012, de 5 de marzo, por el que se desarrolla la estructura orgánica básica del Ministerio de Justicia y se modifica el Real Decreto 1887/2011, de 30 de diciembre, por el que se establece la estructura orgánica básica de los depar...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 1887/2011, of 30 December, establishing the basic organic structure of the ministerial departments, establishes the basic organic structure of the Ministry of Justice up to the level of management General, in accordance with the provisions of article 10.1 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

The second final provision of the royal decree determines the need to complete the organization of each ministry, adapting it to its new basic structure, by enacting a real development decree.

This royal decree complies with the previous forecast, developing the structure of the Ministry of Justice up to the level of Subdirección General, with the criteria of austerity, efficiency and efficiency in the management of the department.

Thus, the novelties in the new departmental structure bring cause, first of all, of the abolition of the General Direction of Modernization of the Administration of Justice by the aforementioned Royal Decree 1887/2011, of December 30. In this sense, by means of this royal decree, the functions previously attributed to the General Directorate of the Administration of Justice are resident in the General Secretariat of the Administration of Justice, without prejudice to certain powers conferred on it. Deputy Secretary and the General Directorate of Records and Notaries.

Secondly, in order to achieve greater coordination and efficiency in management, they are resident in the Directorate-General for Relations with the Administration of Justice, which is dependent on the Secretariat of State for Justice. Directorate-General for the Management and Coordination of Territorial Management, functions previously assumed by the Secretariat. However, this must be without prejudice to the powers which, where appropriate, correspond to the Government's delegates and which, by reason of the matter, continue to be the subject of the Secretariat.

The Subsecretariat's powers in the field of immovable and inventoried property are also clarified. It is attributed to the same, in collaboration with the Territorial Management and in coordination with the General Directorate of the State Heritage, the elaboration and maintenance of the inventory of buildings and other inventorable goods as well as the control in the execution of works, the functions of programming and management of investments, and the planning, supervision and management of projects for the construction, repair and conservation of buildings and installations, as well as manner in those of the development of electronic administration. On the other hand, the Secretariat is focused on the role of recruitment, the processing of the recruitment files and the management and coordination of its collective bodies, without prejudice to the the competencies of the department's management centres in the definition and monitoring of projects.

Third, the functions of the Directorate-General for International Legal Cooperation and Relations with Confessions are defined by clarifying their powers with respect to the Office for Harmonization in the Internal Market and thus as to the relations with the Churches, Confessions and Religious Communities in the social, civic and cultural promotion of religious entities.

In the fourth place, the functions of preparation of the matters relating to the exercise of the right of grace and the nobiliary titles and the grandes of Spain are based in the new Division of Rights of Grace and other Rights. as the department's powers in relation to Law 52/2007 of 26 December, recognizing and extending rights and establishing measures in favor of those who suffered persecution or violence during the civil war and dictatorship, previously assumed by the Office of Victims of the Civil War and the Dictatorship, which is suppressed. Furthermore, the Technical General Secretariat is responsible for the monitoring and coordination of the questions referred to the European Union for preliminary rulings and procedures and the transposition of directives and the development of the functions of the European Union. Equality of the department, provided for in Article 77 of the Organic Law 3/2007, of March 22, for the effective equality of women and men.

In the fifth place, with respect to the General Directorate of the Registers and the Notary, the functions related to the technological modernization of the Civil Records are assigned, as well as the coordination of the actions in this field. matters with other administrations, state bodies, professional corporations and public institutions, while reordering their functions in the field of state competition foundations and document legalizations.

Finally, in relation to the General Counsel of the State-Directorate of the Legal Service, the name of two of its Subdirectorates is updated and the Anti-Fraud Unit created by Royal Decree 915/1994 of 6 May is deleted. establishing a Special Unit in the State Legal Service.

In its virtue, at the initiative of the Minister of Justice, on the proposal of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of March 2, 2012,

DISPONGO:

Article 1. General organization of the Department.

1. The Ministry of Justice, whose holder is the Notary Mayor of the Kingdom, is the department of the General Administration of the State to which it corresponds, within the scope of the powers conferred upon it by the laws in force, the preparation and implementation of the Government's policy for the development of the legal system, especially in the field of criminal, civil, commercial and procedural law; guarantee the fundamental right to religious and religious freedom; The European Union's policy of organizing and supporting the European Union is a Administration of Justice; international legal cooperation, as well as with autonomous communities in coordination with other departments competent in the field; and legal assistance from the State.

The head of the department is the government's channel of communication with the administration of justice, with the General Council of the Judicial Branch and with the Prosecutor General's Office, through the Attorney General of the State, as well as with the governing bodies of the autonomous communities in matters falling within their competence.

Likewise, the Minister of Justice is responsible for relations with the Spanish Data Protection Agency and with the General Councils of the Bar and Attorneys ' Colleges.

2. The powers conferred on this royal decree shall be understood in coordination and without prejudice to those corresponding to other ministerial departments.

3. The Ministry of Justice, under the top management of the head of the department, exercises the powers that legally correspond to him through the higher organ and the following governing bodies:

(a) The Secretary of State for Justice.

b) The Deputy Secretary of Justice.

c) The General Counsel of the State-Directorate of the State Legal Service.

4. As an immediate assistance body to the Minister there is a Cabinet, with an organic level of general direction, with the structure set out in Article 14.2 of Royal Decree 1887/2011 of 30 December 2011.

Dependent on the Cabinet of the Minister there is a Press Office, whose holder will have the organic level to be determined in the relation of jobs and to which the provisions of Article 14.4 of the Royal will apply. Decree 1887/2011 of 30 December 2011.

5. It is for the head of the department to chair the following collegiate bodies:

a) The General Coding Commission.

b) The Council of the autonomous body Centre for Legal Studies.

c) The Government Board of the Order of San Raimundo de Penafort.

d) The Sectoral Conference of Justice Administration.

Article 2. Secretariat of State of Justice.

1. The Secretariat of State of Justice is the superior organ of the department to which the coordination and collaboration with the administration of the autonomous communities in the service of justice, under the superior authority of the Minister, corresponds. planning, support and cooperation with the Administration of Justice and the Public Prosecutor's Office in its modernisation, international legal cooperation and relations with international and European Union bodies in the field of Powers of the Ministry of Justice and the management, promotion and management of powers Ministers on religious affairs and freedom of conscience.

Without prejudice to the responsibilities of the Minister, it is up to the head of the Secretariat of State to participate in the relations of the Ministry with the governing bodies of the General Council of the Judiciary, those of the Ministry Prosecutor, the competent authorities in the field of justice of the Autonomous Communities and the General Councils of the Bar and Attorneys ' Associations of the Courts, as well as the relations of the Ministry with the Ombudsman.

2. The following management bodies are dependent on the Secretariat of State for Justice:

(a) The General Secretariat of the Administration of Justice, on which the Directorate-General for Relations with the Administration of Justice depends.

b) The Directorate-General for International Legal Cooperation and Relations with Confessions.

They are attached to the Ministry of Justice, through the Secretariat of State of Justice, the Center for Legal Studies and the General Judicial Mutuality, with the legal nature, structure and functions that are foreseen in its specific regulations.

3. As an organ of support and immediate assistance to the Secretary of State, there is a Cabinet, with an organic level of general subdirection, with the structure established by article 14.3 of Royal Decree 1887/2011, which approves the organic structure basic of the ministerial departments.

Article 3. General Secretariat of the Administration of Justice.

1. The Secretariat-General of the Administration of Justice, with the organic level of the Secretariat, is the management body that assumes in respect of the Administration of Justice the functions of impulse, direction and monitoring of its modernization, the management and the distribution of its human, material and financial resources, the normal relations with its various organs, and the direction and impetus of the processes of transfer of material and personal means in this field, without prejudice to the competences of the Secretariat in the field.

2. The following are also the functions of the General Secretariat of the Administration of Justice:

(a) The direction, coordination and other powers corresponding to the Secretary-General of the Administration of Justice with respect to the Secretaries of Government and other members of the Legal Superior Body of Secretaries Judicial.

(b) The control and supervision of the management of the deposit account and judicial statements.

c) The centralization and consolidation of statistical information to be received by the Ministry of Justice through the Secretaries of Government, as well as the treatment and monitoring of statistics related to the Administration of Justice and support to the National Judicial Statistics Commission.

d) The development of programs, guidelines and instruments for the modernization of justice and for the implementation of the Judicial Office and Administrative Units, as well as the evaluation of its implementation process.

e) Designing the basic structure of the judicial office, and definitively approving the relations of the judicial offices throughout the territory of the State, in accordance with the provisions of the Organic Law 19/2003, of December 23, of the Judicial Branch, of amendment of the Organic Law 6/1985, of July 1 of the Judiciary.

f) The implementation and evaluation of quality programs for services in judicial offices.

g) The organisation and operation of judicial offices in matters of the department's own competence.

h) The impetus and technical support to the Judicial Office Implementation Commission.

i) The strategic planning, management and execution of technological modernization of the courts and tribunals, the Fiscal Ministry and administrative records supporting judicial activity, as well as the coordination of actions in this field with other administrations, state bodies, professional corporations and public institutions.

j) The management of the Central Register of Penados, the Register of Civil Rebels, the Register of Firm Judgments of Minors, the Central Register for the Protection of Victims of Domestic Violence, as well as the management of how many other registers are created by existing legislation to support the activities of the judicial bodies and the impetus for their modernisation and their connection with other countries of the European Union.

3. The holder of the General Secretariat of the Administration of Justice has the status of Secretary General of the Administration of Justice, as provided for by the additional provision of the Organic Law 19/2003 of 23 December, Amendment of the Organic Law 6/1985, of July 1, of the Judiciary.

4. Similarly, the holder of this General Secretariat shall hold the Chair of the Secretariat Council.

5. The General Secretariat of the Administration of Justice depends on the Directorate-General for Relations with the Administration of Justice.

6. The following bodies with organic level of general sub-management are also dependent on the General Secretariat of the Administration of Justice:

(a) The General Subdirectorate for Programming of Modernisation, which corresponds to the exercise of the functions referred to in paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) of the second paragraph.

(b) The Subdirectorate-General of New Technologies of Justice, which corresponds to the exercise of the functions referred to in paragraph (i) of the second paragraph.

(c) The General Subdirectorate of Administrative Records of Support to the Judicial Activity, which corresponds to the exercise of the functions referred to in paragraph (j) of the second paragraph.

Article 4. Directorate-General for Relations with the Administration of Justice.

1. It is for the Directorate-General for Relations with the Administration of Justice:

(a) The ordinary relations with the General Council of the Judiciary, the Prosecutor's Office, the judicial bodies, the Center for Legal Studies, the professional associations of judges and magistrates, and prosecutors, and the Lawyers 'and prosecutors' colleges.

b) The scheduling of personnel and the ordinary management of career staff.

c) The management and control of the free legal assistance service to the citizen.

d) The management of State assets liability files for the functioning of the Administration of Justice.

e) The programming and coordination of actions on the provision of human resources of the judicial bodies, the Ministry of Public Health and forensic medicine.

(f) The exercise of powers over the Bodies of Forensic Physicians, Management and Administrative Management, Procedural and Auxiliary Processing and other official or work-related staff at the service of the Administration of Justice which are attributed to the Ministry of Justice and are not entrusted to other bodies.

g) Ordinary relations with trade unions with implementation in the field of Justice.

h) Economic studies, planning and preparation of the budget programme of the courts of justice and the Ministry of Public Prosecutor, without prejudice to the powers of the Secretariat.

i) The economic and budgetary management of the appropriations allocated to the General Secretariat, and the control of the management of bank accounts and expenditure accounts.

j) The direction and coordination of the Territorial Managers provided for in this royal decree, as well as the carrying out of reports, studies and proposals to improve the activity developed by these Gerences.

k) The supervision, management and elaboration of proposals for the modification of the demarcation and the judicial plant.

(l) The management of the material means for the Administration of Justice, without prejudice to the powers assigned to the Deputy Secretary of Justice.

m) The organization and supervision of the legal medical institutes and the National Institute of Toxicology and Forensic Sciences and their technical means, as well as the Offices of Assistance to Victims of Violent Crimes and against Sexual Freedom and the teams of specialists in the field.

n) The exercise of the department's powers for the operation of the peace courts.

(o) ordinary relations with the regional authorities in matters affecting the administration of justice or the transfer of officials and offices in such matters, and the monitoring, study and report of the provisions and acts of the autonomous communities, without prejudice to the powers of other units of the department.

p) The obtaining, processing and maintenance of contents in relation to the workloads of the judicial organs, plant and judicial demarcation, judicial career and territorial structure of the State, for its management and consolidation in digital media and in geographical information systems; and the development of studies on previous content in the field of the administration of justice, provision of information to management and exploitation centres and dissemination of content in portals and collaboration sites.

2. The following bodies depend on the Directorate-General for Relations with the Administration of Justice:

(a) The Subdirectorate-General for Relations with the Administration of Justice and the Ministry of Fiscal Affairs, to which the exercise of the functions referred to in paragraphs (a), (b), (c) and (d) of the previous paragraph corresponds.

(b) The General Subdirectorate of Personal Media to the Service of the Administration of Justice, to which the exercise of the functions referred to in paragraphs (e), (f) and (g) of the previous paragraph corresponds.

(c) The General Subdirectorate of Economic Resources of the Administration of Justice, to which the exercise of the functions referred to in paragraphs (h), (i) and (j) of the previous paragraph corresponds.

(d) The Deputy Director-General of the Territorial Organisation and Coordination of the Administration of Justice, which corresponds to the exercise of the functions referred to in paragraphs (k), (i), (m), (n), (o) and (p) of the previous paragraph.

3. It is the responsibility of the head of the Directorate-General for Relations with the Administration of Justice, the Secretariat of the Sectoral Conference of Justice, and the authorization of the payroll in which the remuneration earned by the members of the judicial and fiscal career, of the officials of the Body of Judicial Secretaries, of the officials serving the Administration of Justice for organs with jurisdiction throughout the national territory or in the Cities of Ceuta and Melilla, of the staff of the National Institute of Toxicology and Forensic Sciences, with independence of the place in which they provide their services, and of the staff at the service of the Administration of Justice which has not been the subject of transfer to the Autonomous Communities.

Article 5. Territorial Management of the Ministry of Justice.

1. In each of the headquarters of the Supreme Courts of Justice and, where appropriate, in the headquarters of the Displaced Chambers, there will be an administrative body called Territorial Management of the Ministry of Justice, which will carry out its functions in the The Ministry of Justice is responsible for the corresponding autonomous community and within the framework of the powers conferred on the Administration of Justice.

Also, the Territorial Management of Central Organ shall carry out its duties in respect of the judicial, fiscal, and support bodies of the Administration of Justice with jurisdiction throughout the national territory.

The territorial managements referred to in the preceding paragraphs will depend on the Ministry of Justice through the Directorate-General for Relations with the Administration of Justice, without prejudice to the powers which, in its Case, correspond to the Government Delegates and those who, by reason of the matter, correspond to the Subsecretariat of Justice.

2. Territorial managements shall supply the central departments of the Ministry of Justice with any data, reports and planning studies requested or considered appropriate, in accordance with the instructions received, of the competence of those, and will carry out the functions of information and attention to the citizen who, within the framework of the provisions of the Royal Decree 208/1996, of February 9, for which the services of administrative information and attention to the citizen, they are assigned to them.

3. Territorial managements shall carry out their duties in the field of staff and operating expenditure, without prejudice to mutual cooperation with the internal governing bodies of the courts and tribunals, and to the functions of the courts. attributed to the judicial secretaries.

4. In particular, in the field of personnel, they shall perform the following tasks:

(a) Develop the actions entrusted to it in relation to the management of interim, substitute and employment personnel in the service of the Administration of Justice, and ensure the implementation of the agreements and guidelines communicated by the Central Services of the Ministry of Justice.

(b) Develop the actions entrusted to them in connection with the processing and resolution of cases of work personnel and officials at the service of the Administration of Justice and any other functions that can be attributed to or delegated to them.

5. In the case of expenditure on the functioning of the courts, it shall be:

(a) Abonar indemnities arising from expenses of locomotion, allowances and analogues caused by judges, magistrates, prosecutors and staff at the service of the Administration of Justice; allowances and allowances of experts and witnesses; (a) the costs of non-inventorable material, preservation, repairs, supplies and miscellaneous services, distributing the corresponding funds between the various judicial bodies, making the necessary redistributions and managing the corresponding accounts and justifications in accordance with the rules or instructions applicable to each case.

(b) Make the advances provided for in the rules in force for the purpose of the service, to which effect the corresponding account of the advance of a fixed cash or a payment to be justified shall be managed.

c) Receive information from the courts and prosecutors on the needs of non-inventorable material, supplies and services.

6. In the case of immovable and inventorable goods, they shall have the following functions:

(a) To collect information from the courts and prosecutors on the needs of buildings or other inventoried assets.

b) Auxiliary to the central services of the ministry in the search for buildings or solar and, in general, in the management of works and heritage.

c) Control the reception, implementation and operation of the material means necessary for the functioning of the judicial office.

d) Issue how many reports are needed for the exercise of the Ministry of Justice's powers over the fate of judicial buildings.

e) Collaborate with the Subsecretariat of Justice in the elaboration and maintenance of the inventory of real estate and other inventoried assets.

f) Exercise any other functions attributed to you by delegation.

7. In the field of their material competence, territorial managements may conclude contracts for works, services and supplies up to the amount to be determined by the central organs of the department.

Article 6. Directorate-General for International Legal Cooperation and Relations with Confessions.

1. It is the responsibility of the Directorate-General for International Legal Cooperation and Relations with Confessions to manage the participation of the Ministry of Justice in international and European Union bodies, in relation to the of the department, and relations with religious entities, both internally and internationally, assisting the Ministry of Foreign Affairs and Cooperation where necessary, within the powers of the Ministry of Justice, and in It corresponds to:

(a) The study and processing of the dossiers resulting from the implementation and application of international conventions and treaties in the area of extraditions, transfer of sentenced persons, international judicial assistance, and criminal, child abduction, food, foreign law information and free legal assistance, as well as those other treaties or conventions in whose application or enforcement the Ministry of Justice assumes the status of authority central.

(b) The assistance to be provided by the Ministry of Justice to the Ministry of Foreign Affairs and Cooperation in the elaboration or updating of international conventions and treaties concerning the related matters in the previous paragraph.

(c) Ostend the status of a Spanish authority responsible for verifying authenticity and extending the formula for the final decisions of the Office for Harmonisation in the Internal Market, for which they are fixed the amounts of the costs of the procedure.

d) The organization of the participation of the representatives of the Ministry of Justice in international organizations and programs, in relation to the activities and functions of the department.

e) The organisation of the participation of the representatives of the Ministry of Justice in the groups and committees of the Justice and Home Affairs Council of the European Union, in the field of the competences of the Ministry of Justice Justice.

(f) The management of the action programmes for judicial cooperation within the framework of the Treaty on European Union.

g) Assistance to the Ministry of Foreign Affairs and Cooperation in the work of the subsidiary bodies, committees and working groups of the United Nations, the Council of Europe and the OECD, as well as the protection and promotion of human rights.

h) The management, management and computerization of the Registry of Religious Entities, the management of the exercise of its function and the proposal for the resolution of the administrative resources to be carried out against the acts derivatives of the exercise of that registry function.

i) Ordinary relationships with religious entities.

j) The elaboration of the proposals for agreements and agreements of cooperation with the churches, confessions and religious communities and, where appropriate, their follow-up.

(k) The analysis, study, research, technical assistance, monitoring, surveillance, promotion and economic-budgetary management of the appropriations allocated for the development of religious and religious freedom, in coordination with the competent bodies of the other departments, as well as their promotion in collaboration with the institutions and organisations involved in it.

l) The social, civic and cultural promotion of religious entities, through the management of aid, as well as the coordination and management of initiatives, funds and action plans of public and private entities aimed at to improve the situation of Churches, Confessions and Religious Communities.

m) Relations with national agencies and departments competent in the field, dedicated to the study, promotion and defense of the rights of religious and religious freedom.

n) Relations with international organizations competent in the field of religious freedom, belief and worship, and more particularly in the application and development of international conventions or treaties concerning the above freedoms.

o) The elaboration of the normative projects on the subjects of the exercise of the rights of religious freedom and of worship, in coordination with the General Secretariat Technical, and the knowledge and, if necessary, report of how many regulatory projects may affect such rights.

2. The following bodies depend on the Directorate-General for International Legal Cooperation and Relations with Confessions:

(a) The Subdirectorate-General for International Legal Cooperation, to which the exercise of the functions referred to in paragraphs (a), (b) and (c) of paragraph 1 corresponds.

(b) The Subdirectorate-General for Justice Affairs in the European Union and International Bodies, to which the exercise of the functions referred to in paragraphs (d), (e), (f) and (g) of paragraph 1 corresponds.

(c) The General Subdirectorate for Relations with Confessions, which corresponds to the exercise of the functions referred to in paragraphs (h) to (o) of paragraph 1.

Article 7. Deputy Secretary for Justice.

1. The Deputy Secretary of Justice holds the ordinary representation of the ministry and the management of its common services, and exercises the powers referred to in Article 15 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

It is up to the Minister, in general, to support and advise the Minister in the elaboration and approval of the department's action plans, the analysis of the performance, functioning and structure of the organs, units and agencies dependent on the department and the formulation, where appropriate, of proposals for their functional, organisational and administrative improvement, taking into account the principles of legality, effectiveness, efficiency and quality, as well as the analysis and coordination of those other proposals which, for the purpose, are carried out by the other higher bodies of the department, as well as the guidelines for the performance and functioning of the organs and units under the Secretariat.

It is also up to the organization, coordination, impetus and supervision of the pre-legislative works of these bodies and units that are dependent on it and the General Coding Commission, as well as the supervision of the legal technical basis for all matters of the Ministry of Justice and its bodies which are subject to the consideration of the General Commission of Secretaries of State and Undersecretaries and of the Council of Ministers.

It is also the governing body of the department to which it corresponds, under the authority of the Minister, the direction, impetus and management of the ministerial powers relating to civil status and nationality, the public faith notarial, the registration rights and the Civil Registry, as well as the relations with the General Council of the Notary and the College of Registrars of Property and Mercantile of Spain.

2. In particular, the following functions are assigned to the Secretariat:

a) The elaboration and processing of the preliminary draft budgets of the department and the coordination of the corresponding to its dependent public bodies, as well as the processing of the files of modifications budget.

(b) Financial information, budgetary monitoring and cost analysis of the management of the department and of the transfer process, as well as the analysis of the efficiency of its expenditure and, in any case, those which are determine in Royal Decree 2855/1979, of 21 December, for which the Budgetary Offices are set up.

c) The management of the human resources of the department and of the processes of selection and provision of jobs and the planning, elaboration and administration of the templates and relations of jobs and their modifications. The organization and development of the training, the programming and management of the social action, as well as the participation in the collective bargaining and the labor relations and the prevention and occupational health of the staff providing services in the buildings of the department.

(d) the planning and implementation of the remuneration policy, the proposals for budgetary allocation and the management and monitoring of Chapter I of the budget, as well as of the reintegrable loans and advances, payroll and staff enablement and pagatorship.

(e) Financial management of revenue and expenditure including credit for current operations, grants and transfers of capital, the management of compensation for service reasons, management, administration and control of supplies, services and material goods, and the examination and verification of all accounts corresponding to the credits it manages, the treasury of the funds of the department and the coordination of its various paying boxes.

(f) The processing of the procurement files and the management tasks to be carried out by the department, as well as the coordination of their collective bodies in the field of procurement, without prejudice to the powers of the Department management centres in the definition and monitoring of projects.

g) The management and management of the general services and internal arrangements, surveillance and security, management, conservation and maintenance of their resources; the regular maintenance of the headquarters of the central services of the department and the development and updating of the inventory of movable property.

h) The administration, repair and maintenance of the real estate of the department, the elaboration and updating of the inventory of the real estate assigned to it and the management of its leases, in collaboration, in his case, with the Territorial Management and in coordination with the General Directorate of the State Heritage.

i) The programming and management of new and replenishing investments, and the planning, supervision and management of construction, repair and maintenance projects for their buildings, facilities, furniture and other goods for the operation of services.

j) Information and attention to the citizen in the terms established in Royal Decree 208/1996, of 9 February, which regulates the services of information and attention to the citizen, and the management of the general register of the department.

k) The resolution of the procedures for exercising the right of petition.

l) Inspection of departments, staff and public policy departments of the department and its dependent public bodies, as well as the functions of reports on authorisations and recognition of compatibilities.

m) The streamlining, standardisation and simplification of administrative procedures and working methods, as well as the assessment of the quality and performance of services.

n) The impetus and coordination of the department's IT policy, the development of the information systems necessary for the operation of services, the implementation of electronic administration in the department, management and administration of voice and data communication networks, management of Internet domain, electronic headquarters and institutional portal of the Ministry, and advice and assistance in the field of technologies information, without prejudice to the powers of other units and due coordination with these.

or) The preparation of matters relating to the exercise of the right of grace prior to its elevation to the Council of Ministers.

p) The management of the issues related to the nobiliary titles and grandezas of Spain, management of the requests for succession, cession, distribution and rehabilitation of nobiliary distinctions.

q) The direction of the Chancellery of the Order of San Raimundo of Penafort, the preparation of the proposals and the expedition of the decorations and the management of the Register of distinctions of the Order.

r) The department's powers in relation to Law 52/2007 of 26 December, recognizing and extending rights and establishing measures in favour of those who suffered persecution or violence during the civil war and the dictatorship.

3. The following management bodies with an organic level of general direction depend on the Secretariat:

(a) The Technical General Secretariat.

b) The General Directorate of Records and Notaries.

4. It also depends on the Secretariat, with an organic level of general subdirection, the Technical Cabinet, as an organ of support and assistance to the Undersecretary, to whom the functions of coordination and monitoring of the activities of the units are attributed which are dependent on the Secretariat.

5. The following units with organic level of general sub-direction depend on the Subsecretariat:

(a) The budgetary office, which corresponds to the exercise of the functions referred to in paragraphs (a) and (b) of paragraph 2.

(b) The Subdirectorate-General for Human Resources, which corresponds to the exercise of the functions referred to in paragraphs (c) and (d) of paragraph 2.

(c) The General Subdirectorate for Contracting and Services, which corresponds to the exercise of the functions referred to in paragraphs (e), (f) and (g) of paragraph 2.

(d) The General Subdirectorate of Works and Heritage, to which the exercise of the functions referred to in paragraphs (h) and (i) of paragraph 2 corresponds.

(e) The General Administration of Administrative Information and General Inspection of Services, to which the exercise of the functions referred to in paragraphs (j), (k), (I) and (m) of paragraph 2 corresponds.

6. The following units are also dependent on the Subsecretariat, with the rank to be determined in the employment relationship:

(a) The Information and Communications Technologies Division, which corresponds to the exercise of the functions listed in paragraph 2 (n).

(b) The Division of Rights of Grace and other Rights, which corresponds to the exercises of the functions listed in paragraphs (o), (p), (q) and (r) of paragraph 2.

7. It is attached to the Secretariat, with the functions assigned to it by the provisions in force, and without prejudice to its dependence on the Ministry of Finance and Public Administrations, the Delegated Intervention of the General Intervention of the General Administration of the State, with rank of general sub-direction.

8. It is for the holder of the Subsecretariat of Justice to chair the Ministerial Committee on Electronic Administration.

Article 8. Technical General Secretariat.

1. It is for the Technical General Secretariat:

(a) The issuance of the precept report of the foredrafts and the draft general provisions of the ministry, as well as the participation in the elaboration of the normative initiatives of other departments.

b) The application of the mandatory reports in the elaboration of the rules included in the department's legislative program.

c) The application of the report of the Spanish Data Protection Agency, in the process of drawing up provisions of a normative nature of the Ministry of Justice and the other ministries.

d) The preparation of the matters to be submitted to the deliberations of the Council of Ministers, the Government's Delegated Commissions or the General Commission of Secretaries of State and Undersecretaries.

e) The knowledge, registration and follow up of the agreements signed by the department with other public administrations, companies, foundations and agencies, both public and private.

f) Monitoring of the provisions and acts of the Autonomous Communities.

g) The monitoring and updating of the representation of the ministry in collegiate bodies and in commissions or working groups.

(h) The proposal for the resolution of the exercise of the right of petition.

(i) Proposals for the resolution of administrative appeals against acts and provisions of the department, of procedures for the review of trade, of prior complaints to the judicial, civil or labour law and of the claims of patrimonial liability, without prejudice to the functions attributed to other organs of the department.

(j) Relations with the courts and tribunals of Justice, without prejudice to the provisions of the regulations in force regarding representation and defense in the judgment of the State and other public institutions.

k) The elaboration and proposal of the department's legislative program, the coordination and momentum of its implementation once it is approved and its follow-up in the parliamentary phase.

I) The elaboration of the legislative projects of the department in criminal, civil, commercial and procedural matters, and the projects of reform of the national law resulting from the transposition of Community directives or the implementation of international treaties or conventions concluded by Spain.

m) The proposal of the editorial program of the department, the editing and distribution of its publications, the organization and management of the library, the general archive of the ministry and the documentation service.

n) The monitoring and coordination of the questions referred to the European Union and the transposition of directives.

or) The development of the functions of the Department's Equality Unit, provided for in Article 77 of the Organic Law 3/2007, of March 22, for the effective equality of women and men.

2. The following units with an organic level of general sub-direction depend on the Technical General Secretariat:

(a) The Technical Vice-Secretary-General, which corresponds to the exercise of the functions referred to in paragraphs (a) to (h) of the previous paragraph.

(b) The Subdirectorate-General for Legislative Policy, which corresponds to the exercise of the functions referred to in paragraphs (k), (I) and (n) of the previous paragraph.

(c) The General Secretariat for Documentation and Publications, which corresponds to the exercise of the functions referred to in paragraph (m) of the previous paragraph.

3. It also depends on the Technical General Secretariat, the Division of Resources and Relations with the Courts, with the level to be determined in the relation of posts, to which the exercise of the functions mentioned in the paragraphs corresponds. (i) and (j) of paragraph 1.

4. It is the responsibility of the head of the Technical General Secretariat for the Vice Presidency of the General Coding Commission, and the person who holds the General Secretariat for Legislative Policy, its General Secretariat.

5. The General Secretariat of the Technical Secretariat of the General Secretariat of the Commission shall be responsible for assisting victims of violent crime and against sexual freedom.

Article 9. General Directorate of the Registers and Notaries.

1. It corresponds to the General Directorate of the Registers and the Notary:

(a) The elaboration of legislative projects on the subjects of nationality, marital status and management and functioning of the Civil Registry in coordination with the General Secretariat, and the knowledge and report of how many regulatory projects may affect such matters.

(b) the processing and, where appropriate, the resolution of the cases of nationality and the cases of recognition or refusal of the situations affecting the civil status of the citizens and their registration in the Civil Registry; processing and, where appropriate, resolution of the governmental resources against the acts of the holders of the exercise of these functions, as well as the study and the resolution of any consultations carried out on the above matters.

c) The planning of the Civil Records, the programming and distribution of the material and personal means necessary for its operation, as well as its organization, direction and inspection.

(d) Strategic planning, management and implementation of the technological modernization of the Civil Records, as well as the coordination of actions in this field with other administrations, state bodies, professional corporations and public institutions.

e) The elaboration of legislative projects on the subjects related to the right of attorney and registry in coordination with the General Secretariat Technical and knowledge and report of how many normative projects could affect to such materials.

(f) The organization, management, inspection and surveillance of the functions of the notarial public faith and those of a registered nature in the materials of the property, movable and commercial property, the evacuation of the number of consultations carried out on those, as well as the processing and resolution of the governmental resources against the acts of the holders of the exercise of those functions.

g) The management of the government and the regime of the Notary and Registrar Bodies, the organization of their selection processes and the provision of posts, as well as the ordinary relations with their respective bodies professionals.

h) The management of the Death Coverage Insurance Contract Registry and the Heirs Ab Notoriety Register under the General Register of Last Will Register.

i) The conduct of the Register of Foundations approved in the Regulation of the Register of State Competition Foundations, by Royal Decree 1611/2007, of December 7.

j) The protectorate of foundations whose purposes are linked to the department's privileges, in the terms established by the current regulations.

k) In coordination with the Technical General Secretariat, in accordance with Article 8.1.n), the knowledge, monitoring and reporting of regulatory projects in the European Union and other international bodies, as soon as they affect matters of their competence.

l) The takeaway from the Legalizations Section of the Ministry of Justice, in relation to both physical and electronic documents.

2. The following bodies depend on the Directorate-General for Registers and the Notary:

(a) The General Subdirectorate of Nationality and the Civil State, which corresponds to the exercise of the functions referred to in paragraphs (a), (b) and (c) of the previous paragraph.

(b) The Subdirectorate-General of the Notary and the Records, which corresponds to the exercise of the functions referred to in paragraphs (d), (e), (f), (g), (h), (i), (j), (k) and (l) of the previous paragraph.

Article 10. Advocate General of the State-Directorate of the State Legal Service.

1. The General Counsel of the State-Directorate of the State Legal Service, with an organic level of under-secretary, is the executive body of the services of legal assistance to the State and other public institutions, with the competences and functions referred to in Law 52/1997 of 27 November of Legal Assistance to the State and Public Institutions, and in the Regulation of the Legal Service of the State, approved by Royal Decree 997/2003 of 25 July.

In particular, the following functions correspond to:

(a) Legal advice to the General Administration of the State and its self-employed bodies, as well as, where appropriate or conventionally applicable, that of other public entities and bodies, commercial companies state and foundations with state participation. The representation and defence of the State and its autonomous bodies, of the constitutional bodies and of the other entities listed in the preceding paragraph, before the Constitutional Court and the courts of all judicial order, as well as in judicial and extrajudicial procedures, in the terms of the legislation in force.

b) Legal assistance in the field of European Union law, as well as the representation and defence of the Kingdom of Spain before the courts of the European Union, before the European Court of Human Rights and before any international bodies responsible for the protection of human rights. Likewise, the legal assistance of the Kingdom of Spain in other international organizations, as well as the relationship with the representation and defense of the State, autonomous agencies, other public bodies and entities, commercial companies state or foundations with state participation, where appropriate legally or conventionally, and constitutional bodies in respect of any jurisdictions or judicial or extrajudicial proceedings abroad.

c) The promotion of research work and the organization of activities aimed at the knowledge and dissemination of matters and legal issues at national or international level, as well as the organization of training and further training of staff of the State Legal Service, in coordination with the Centre for Legal Studies, the National Institute of Public Administration and other training centres for civil servants.

d) The economic and financial management and budgetary management of the State Legal Service, as well as the functions of administration and management of State Bar officials who are not assigned to other bodies higher.

2. The General Counsel of the State-Directorate of the Legal Service of the State is organized in the following Subdirectorates General, with the functions established in the Regulation of the State Legal Service, approved by Royal Decree 997/2003, of 25 July:

a) The General Subdirection of the Advisory Services.

b) The General Subdirection of the Accounting Services.

(c) State Advocate in the Ministry of Justice-Cabinet of the State Advocate General.

(d) The Subdirectorate-General for European and International Union Affairs.

e) The General Secretariat for Coordination, Audit and Knowledge Management.

f) The General Subdirectorate of Constitutional and Human Rights.

g) The General Secretariat.

3. The following units with organic level of general sub-direction will also be responsible for the General Administration of the State-Directorate of the State Legal Service, organically and functionally:

a) The State Advocate before the Supreme Court.

b) The State's Advocate at the National Court.

c) State Attorneys for Ministerial Departments.

4. They will also depend on the General Counsel of the State-Directorate of the State Legal Service, organically and functionally, the following units, with the functions established by the Regulation of the State Legal Service:

(a) The State Advocate before the Court of Auditors.

b) State Attorneys at the State's Peripheral Administration.

(c) They shall also be responsible, organically and functionally, for the General Counsel of the State-Directorate of the State Legal Service, in the form provided for in the additional third provision, to the Service Legal status of the State Tax Administration Agency and State Attorneys that exist in the various public bodies and entities.

5. For the representation and defence of the Kingdom of Spain before the courts of the European Union, the State Bar shall be appointed as agents by the Minister of Justice, on a proposal from the Minister for Foreign Affairs and Cooperation.

The State Attorneys before the European Court of Human Rights and other international bodies competent for the protection of human rights shall have the status of Agents of the Kingdom of Spain, for the purposes of European Convention on Human Rights and Fundamental Freedoms, and shall be appointed by royal decree on a joint proposal from the Ministers for Foreign Affairs and Cooperation and Justice.

6. The organization described above will not be able to obtain, through the approval of the corresponding employment relationship, departments by jurisdictional orders and/or by materials, organic and functionally dependent the General Counsel of the State-Directorate of the Legal Service of the State, who take the lead of some of the processes and/or the exercise of some of the advisory functions attributed to the Legal Service of the State.

Your organization, incardination and functions will be concretized in each case by the holder of the General Counsel of the State-Directorate of the Legal Service of the State in the initiative for the modification of the relation of posts of submitted to the competent body for its proposal or approval.

Additional disposition first. Removal of organs and units.

1. The General Secretariat for Modernisation and Relations with the Administration of Justice is hereby deleted.

2. The following organs and units are deleted:

a) The Major Office.

b) The Information Technology and Information Division.

c) The Office of Victims of the Civil War and Dictatorship.

d) The Study Cabinet.

e) The General Coordination and Audit Subdirectorate.

f) The Special Anti-Fraud Unit of the State Legal Service created by Royal Decree 915/1994 of 6 May.

Additional provision second. Supply of the heads of the management bodies.

In the cases of vacancy, absence or illness of the holder of a management body, and in default of appointment of an alternate as provided for in Article 17 of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure shall be responsible for the supply to the governing bodies dependent on it in the order in which they appear in the structure established in this royal decree.

Additional provision third. State Bar Association to the Legal Service of the State Tax Administration Agency.

1. The approval and modification of the structure and conditions of the positions of the Legal Service of the State Agency of Tax Administration that must be performed by State Attorneys will require the prior favorable and binding report of the General Counsel of the State-Directorate of the State Legal Service.

2. The State Attorneys ' attachment to the Legal Service of the State Administration of Tax Administration, or the end thereof, shall be carried out by the Attorney General of the State-Director of the State Legal Service. favourable and binding of the Director General of the State Tax Administration Agency.

3. The disciplinary authority on the State Attorneys attached to the Legal Service of the State Agency for Tax Administration shall be the responsibility of the Ministry of Justice.

The Director-General of the State Tax Administration Agency may propose the opening of disciplinary proceedings of those State Attorneys attached to its Legal Service who incur disciplinary misconduct.

In any case, in the disciplinary proceedings initiated by the Ministry of Justice to the State Attorneys attached to the Legal Service of the State Administration of Tax Administration, the Director General of the State Agency.

Additional provision fourth. Establishment of the Register of State Competition Foundations.

Within nine months, the forecasts contained in the final provision of Royal Decree 1611/2007, of 7 December 2007, for which the Regulation of the Registry of Foundations of Foundations of the European Union of State competence.

Additional provision fifth. Reference to deleted organs.

The references that are made in the legal order to the organs that are deleted by this royal decree will be understood to be those that are created, replaced or assume their competences in this same norm.

First transient disposition. Units and jobs with lower organic level than general sub-direction.

The units and posts of lower organic level than the general sub-directorate that are affected by the organic modifications established in this royal decree will continue to remain and will be paid by the The same is true of the budget, until the relations of jobs adapted to the organic structure of this royal decree are approved. Such adaptation shall in no case lead to an increase in public expenditure.

The units and posts of work in the deleted organs shall be provisionally attached, by means of a decision of the holder of the Secretariat and until the entry into force of the new employment relationship, to the bodies regulated in this royal decree, depending on the privileges assigned to them.

Second transient disposition. Transitional arrangements for the collection of remuneration.

All staff at the service of the Administration affected by the organic modifications established in this royal decree will continue to receive the full remuneration from the budget applications to which they are being imputed until the appropriate modifications are made.

Transitional provision third. Residual functions in terms of conscientious objection and replacement social benefit.

The Deputy Secretary of Justice is entrusted with the management and inspection of the functions of conscientious objection and replacement social benefit which continue to be managed by the department, and in particular the issue of certification certificates for the performance of the replacement social benefit, the resolution of the interposed resources on this subject, and the management of the Registrar of Objectors.

Transitional disposition fourth. Delegation of powers.

The delegation of powers granted by the various higher bodies and directors affected by this royal decree and by the Royal Decrees 1823/2011 of 21 December, which restructured the departments Ministerial and 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments, will continue in force until they are expressly revoked or granted again.

When the delegations of powers that maintain their effects under the previous paragraph have been made in favor of organs suppressed by any of the actual decrees cited or by the present royal decree, the These delegations shall be deemed to be in force in favour of the bodies in whose field of action the relevant competence is framed.

Single repeal provision. Regulatory repeal.

The provisions of the same or lower rank are repealed as long as they oppose the provisions of this royal decree and, in particular, the Royal Decree 1203/2010 of 24 September, for which the basic organic structure is developed of the Ministry of Justice and amending Royal Decree 869/2010 of 2 July, amending Royal Decree 495/2010 of 30 April, approving the basic organic structure of the ministerial departments.

The only article of Royal Decree 1523/1997 of 26 September 1997, which is designated by the Spanish competent authority to extend the enforceable formula of the resolutions of the Office for Harmonization, is hereby repealed. of the Internal Market.

Final disposition first. Amendment of Royal Decree 1887/2011 of 30 December 2011 establishing the basic organic structure of the ministerial departments.

One. Article 2 of Royal Decree 1887/2011 of 30 December 2011 laying down the basic organic structure of the ministerial departments is worded as follows:

" Article 2. Ministry of Justice.

1. The Ministry of Justice is structured in the following upper and managerial bodies:

A) The Secretary of State for Justice. The following management bodies depend on it:

(a) The General Secretariat of the Administration of Justice, on which the Directorate-General for Relations with the Administration of Justice depends.

b) The Directorate-General for International Legal Cooperation and Relations with Confessions.

B) The Subsecretariat of Justice, on which the following governing bodies depend:

(a) The Technical General Secretariat.

b) The General Directorate of Records and Notaries.

C) The General Counsel of the State-Directorate of the State Legal Service, with the rank of Undersecretary.

2. The Directorate-General for Modernisation of the Administration of Justice, whose powers are assumed by the General Secretariat of the Administration of Justice, is hereby deleted. "

Final disposition second. Powers of development.

The Minister of Justice is empowered to adopt the necessary measures for the development and execution of this royal decree, prior to the appropriate legal procedures.

Final disposition third. Budgetary changes.

The Ministry of Finance and Public Administration will make the necessary budgetary changes to comply with the provisions of this royal decree.

Final disposition fourth. Entry into force.

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

Given in Madrid, on March 5, 2012.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO