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The Spanish Constitution, in its article 149.1.30, gives the State exclusive competence to regulate the conditions for obtaining, issuing and approving academic and professional qualifications and basic standards for the development of Article 27 of the Constitution, in order to ensure compliance with the obligations of the public authorities in this field.
The Organic Law 3/1979, of 18 December, of the Statute of Autonomy for the Basque Country, in its article 17 regulates the competence of this Autonomous Community in relation to the police institution of the Basque Country.
On the other hand, Law 2/1986 of 13 March, of Forces and Security Corps, establishes the participation of the autonomous communities in the maintenance of security. This Law is dictated as the development of articles 148.1.22. and 149.1.29. of the Constitution that foresaw the creation, in the form that established its Statutes, of police bodies in the Autonomous Communities, constituting itself as the framework to which alludes to the Constitution and which determines the functions, basic principles of action and Statutes of the Security Forces and Corps. It is also applicable to these bodies as provided for in Article 6 thereof, in respect of the professional, social and human promotion of the members of the Security Forces and Corps and the possibility of validation by the Ministry of Education and Science of Training received in schools dependent on the different Public Administrations.
in addition, the aforementioned Organic Law 2/1986 provides, in Article 6 (2) (b), that the studies of training and improvement of the members of the Security Forces and Corps that are cured in the teaching centers dependent on the different public administrations may be the subject of validation by the Ministry of Education and Science, which shall, for this purpose, take into account the qualifications required for access to each of them and the nature and duration of such studies.
The Law 4/1992, of July 17, of Police of the Basque Country, which aims at the ordination of the security administration of the Autonomous Community of the Basque Country, the coordination of the local police, was issued. and the regulation of the specific regime of Police Corps personnel dependent on Basque public administrations. Also, Chapter III, is dedicated to the permanent formation, Euskaldunization, expressing in article 40.1 that the Academy of Autonomous Police will seek the academic validation, by the competent administration, of the studies that are cured in (a) the teaching centres of the dependents, taking into account, for this purpose, the nature and duration of the studies and the qualifications required for access to each of them, and the institutional collaboration of the Administration shall be promoted; Educational, University, Judicial and other institutions, institutions or establishments that Specifically, they are interested in teaching purposes.
The training plans for the entry and promotion to the category of Agent of the Ertzaintza and Local Police follow the guidelines laid down in the aforementioned Organic Law 2/1986, of March 13, of the Security Forces and Corps, and they are designed to enable them to carry out, with professionalism and efficiency, the tasks entrusted to them. On the other hand, the conditions of access to this category, the duration, the reading load, the content and the level of the teachings that govern the income allow to establish the equivalence between the category of Agent or Police and the title of Education system technician.
In the process of elaboration of this Order the Autonomous Community of the Basque Country has been consulted and the School Council of the State, the Department of Education, Universities and Research of the Basque Government, has issued a report, the Ministry of Territorial Policy and Public Administration.
By virtue of all of the above, I have:
Article 1. Object.
This order is intended to determine the equivalence of the category of Agent of the Basic Scale of the Ertzaintza and the Local Police Corps of the Autonomous Community of the Basque Country to the title of Technician corresponding to the Vocational training of the general education system.
Article 2. Equivalence with the title of Technician.
To obtain the appointment of the category of Agent of the Basic Scale of the Ertzaintza and the Local Police Corps, by the students selected for having passed the three phases of the selection process to this effect, as well as the course of theoretical-practical training and the period of practice taught by the Police Academy of the Basque Country, as laid down in Article 39.2 of Law 4/1992, of 17 July, or by the corresponding body of the Autonomous Community of the Basque Country, provided that they are in possession of the degree of Compulsory or equivalent secondary education shall have the generic equivalence of the academic level with the title of Technician corresponding to the vocational training of the general education system, for the purposes of access to public and private employment and those others which may be in accordance with the legislation in force.
Single additional disposition. Enabling for the application.
The Director-General of Vocational Training is hereby authorised in the field of his/her powers to take the measures and to issue the necessary instructions for the application of this order.
Final disposition first. Competence title.
The Order is issued in accordance with the provisions of Article 149.1.30. of the Spanish Constitution which confers exclusive competence on the State on the conditions for obtaining, issuing and approving academic titles and professionals.
Final disposition second. Entry into force
This Order shall enter into force on the day following that of its publication in the "Official State Gazette".
Madrid, December 13, 2011. -Minister of Education, Angel Gabilondo Pujol.
