summary
In accordance with article 55.2.f) of the consolidated text of the Law on the Basic Statute of Public Employees, approved by Royal Legislative Decree 5/2015, of October 30 (hereinafter, EBEP), the Public Administrations must select their official and labor personnel through procedures that guarantee, among others, the principle of agility.
In the absence of its own autonomous regulations that regulate the different phases of the selection processes for the selection of civil servant career personnel and permanent labor personnel, the precepts of the Regulation have been applied in the Administration of the Junta de Comunidades de Castilla-La Mancha. General Income of Personnel at the service of the General Administration of the State and Provision of Jobs and Professional Promotion of Civil Officials of the General Administration of the State, approved by Royal Decree 364/1995, of March 10.
The time elapsed since the approval of the aforementioned royal decree, as well as the development of information and communication technologies, allow and make it convenient to adopt a series of measures aimed at complying with the principle of agility that must govern the selection of personnel in the Administrations Public.
On the other hand, article 1 of Law 20/2021, of December 28, on urgent measures to reduce temporary employment in public employment, has given a new wording to article 10 of the EBEP that reinforces the notion of temporary employment. of the figure of the interim official staff, in order to clearly delimit the nature of the relationship that unites him with the Administration. Thus, the legal provisions regarding the maximum duration of the appointment of interim official personnel due to vacancy have been supported, as a preventive measure to avoid abusing this figure to exercise functions of a permanent or structural nature. In this way, vacant positions held by interim official personnel must, however, be covered by any of the provision or mobility mechanisms set forth in the regulations of each Public Administration.
If the foregoing is not fulfilled, three years have elapsed since the appointment, the interim official staff will be dismissed and the vacancy may only be filled by career civil servants, unless the corresponding selection process is void, in which case another appointment may be made. as a personal interim officer. Exceptionally, the personal internal official must be permanent in the position he/she temporarily occupies, so that the corresponding call has been published within a period of three years from the date of appointment of the internal official and it is resolved in accordance with the terms established in Article 70 of the EBEP.
These provisions have been extended to temporary labor personnel who perform a vacant job, in accordance with the provisions of the last paragraph of the fourth additional provision of Royal Decree-Law 32/2021, of December 28, on urgent measures for the labor reform, the guarantee of job stability and the transformation of the labor market.
For this reason, it is also necessary to adopt measures to speed up the selection of official career personnel and permanent jobs that, respecting in any case the guarantees inherent in the procedures for access to public employment and the safeguarding of constitutional and legal principles, allow the same time the fulfillment of the terms established for the execution of the selective processes and, with it, the provision of personnel in a reasonable time and guarantee the provision of the service by the Administration.
Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, is based on the principle that electronic transmission cannot yet be a special management procedure, but must constitute the usual action of the Administrations . Because a paperless administration based on an entirely electronic operation not only better serves the principles of effectiveness and efficiency, by saving costs for citizens and companies, but also reinforces the guarantees of the people concerned. For this reason, the aforementioned law establishes in its article 12 the obligation of the Public Administrations to guarantee that the interested persons can relate to the Administration through electronic means, by making available the access channels that are necessary, such as the systems there are applications that in this case are determined.
Likewise, article 14 of the aforementioned rule regulates the right and the obligation to interact electronically with the Public Administrations, and allows in its section 3 to establish by regulation the obligation to interact with the Administration only through electronic means for certain procedures and for certain groups of natural persons, to acquire economic, technical capacity, professional dedication or other motivations, to prove the access and availability of the necessary electrical means.
For this reason, this decree provides that the calls for selection processes may establish the obligation for the people who participate in them to interact electronically with the Administration in all or some of the phases of the procedure. Carrying out procedures by electronic means presupposes a greater streamlining of the processing of the selective process and facilitates accessibility for citizens, who will be able to carry out the necessary procedures from any place and time, within the deadlines established in the call.
The nature of the functions of the bodies, scale or categories to which they intend to enter or access, which include the electronic transmission of files or the use of electronic means, such as the subject matter of study and the destinations offered once the selective process has been passed , presupposes the technical capacity of the people who wish to participate in the selective processes referred to in this decree, therefore, the access and availability of the necessary electrical means to be able to interact with the Administration during the course of the process. select process.
Another factor that must be taken into account is that the use of electronic means to carry out some terms of the selection process, such as the presentation of applications for participation or the payment of fees, already represents the main channel used by applicants. to enter the bodies, scales or categories referred to in this decree.
Secondly, this decree also provides, as a measure to speed up the selection processes, the reduction of the deadlines for presenting the supporting documentation of the merits to be assessed in the competition phase and for presenting the application for destinations and the documentation accrediting the participation requirements. Currently, the possibility of carrying out these procedures by electronic means, as well as the right of applicants not to provide documents that are already in the possession of the acting Administration, allow the aforementioned terms to be ten business days, without this entailing any harm to the applicants. participating in the selection processes.
On the other hand, the high number of applicants who participate in the selection processes and the assignment of many of these places to sectors of urgent and priority coverage also advise the adoption of these measures that facilitate greater speed in holding the process. of selection.
This decree adjusts to the principles of good regulation referred to in article 129 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations. As, in relation to the principles of necessity and effectiveness, this decree pursues a general interest, and that seeks to improve the agility in the selection of public employee personnel and, therefore, the staffing in a reasonable time, guaranteeing as the benefit of the service for the Administration.
With regard to the principle of proportionality, this decree is the most appropriate means to meet this objective and, in addition, contains the essential regulation to meet the need to be covered by the standard. Regarding the principle of legal certainty, this initiative is exercised in a manner consistent with the rest of the legal system.
Likewise, in application of the principle of transparency, during the preparation process, the documents referred to in article 7 of Law 19/2013 are published on the Transparency Portal of the Administration of the Castilla-La Mancha Community Board. , of December 9, on transparency, access to public information and good governance. In addition, this preamble clearly defines the objective of the normative initiative. And as for the principle of efficiency, this principle is also fulfilled, since administrative burdens are reduced.
Finally, this decree is issued under the powers attributed to the Governing Council by articles 10.1 and 10.2.a) of Law 3/1988, of December 13, on the Planning of the Public Function of Castilla-La Mancha , and in exercise of the competence attributed by articles 31.1.1 and 39.3 of the Statute of Autonomy of Castilla-La Mancha.
By virtue of this, at the proposal of the Minister of Finance and Public Administrations and after deliberation by the Governing Council at its meeting on September 6, 2022,
Available:
Article 1 scope of application
1. This decree shall be applicable to the selective processes for entry as official career personnel or permanent labor personnel in the bodies, scales or categories of the Administration of the Castilla-La Mancha Community Board and its autonomous bodies.
2. The selective processes for entry into the bodies of official teaching personnel or in the categories of personal status are registered by the specific regulations that apply to them.
Article 2 Obligation to relate electronically
1. The calls for selection processes may establish the obligation for the people who participate in them to interact electronically with the Administration in all or some of the phases of the procedure, from the presentation of applications for participation to the choice of destination, Include the claims and claims that you can file.
2. The calls for the selection processes will establish the terms and actions in which it is mandatory to interact electronically, the electrical means enabled for this and the admissible identification and signature systems.
Article 3 Deadline for presenting the supporting documentation of the merits to be assessed in the competition phase
In the selection processes that are convened by the competition-opposition system, the supporting documentation of the merits has been valid in the competition phase and must be submitted within ten working days from the day following the publication of the list of people who have passed the opposition phase.
Article 4 Deadline for submitting the application for destinations and supporting documentation of the participation requirements
People who pass the selection process must submit the application for destinations and the documents required in the call to prove compliance with the requirements to participate in it within ten working days from the day following the publication in the Official Gazette of Castilla-La Mancha of the list of people approved in the selection process.
Single final provision Entry into force
This decree will enter into force the day after its publication in the Official Gazette of Castilla-La Mancha.
