Post by account_disabled on Mar 9, 2024 0:05:33 GMT -5
What is meant by suspension of functions in the Administration? The suspension of functions in the Administration is one of the administrative situations of career officials and is configured in accordance with the provisions of the Pan-Hispanic Dictionary of Legal Spanish of the Royal Spanish Academy, as the “ Forced and temporary cessation of an official in the exercise of its functions and inherent rights by virtue of sanction or judicial or disciplinary procedure.” II. Regulations that regulate the administrative situation of suspension of functions in the Administration Within the regulations that regulate the administrative situation of suspension of functions in the Administration, we find: Royal Legislative Decree 5/2015, which approves the consolidated text of the Law of the Basic Statute of Public Employees. Royal Decree 365/1995 which approves the Regulation of Administrative Situations of Civil Servants of the General Administration of the State.
What are the modalities of the administrative situation of suspension of functions in the Administration? In accordance with the provisions ofwhich approves the Regulation of Administrative Situations of Civil Servants of the General Administration of the State, the administrative situation of suspension of functions in The Administration may be: Provisional. Firm. IV. In what cases is the suspension of functions provisionally produced? The provisional British Student Phone Number List may be agreed preventively during the processing of a judicial or disciplinary procedure. In this sense, provisional suspension of functions will be declared: When, during the processing of a judicial procedure, the provisional detention of an official or other measures that determine the impossibility of performing his or her job are ordered. In this case, you will be declared provisionally suspended for the duration of these measures. As a preventive measure during the processing of a disciplinary file, which may be agreed upon by the authority that ordered the initiation of the file, and this suspension may not exceed six months, except in the event of cessation of the procedure attributable to the interested party.
Jurisprudential criterion on the provisional suspension of functions Regarding the provisional form of suspension of functions for an official , it is appropriate to mention the jurisprudential criterion that has been upheld by the Fourth Section of the Administrative Litigation Chamber of the Supreme Court in its Sentence No. 1,648/2020, dated … we conclude that, in accordance with art. 98.3 of the EBEP, and provided that the legislation governing disciplinary sanctioning procedures establishes it, the adoption of the measure of provisional suspension of functions of the official has the following characteristics: i) In the course of a disciplinary procedure, the Administration may agree to the measure of provisional suspension of functions with the initial resolution to initiate the disciplinary file or at any time during its processing, always in a reasoned and proportionate manner, and with the time limitation of six months, unless the procedure is stopped causing its delay for reasons attributable to the interested party. ii) During the processing of a criminal judicial procedure against a public official, two situations arise.
What are the modalities of the administrative situation of suspension of functions in the Administration? In accordance with the provisions ofwhich approves the Regulation of Administrative Situations of Civil Servants of the General Administration of the State, the administrative situation of suspension of functions in The Administration may be: Provisional. Firm. IV. In what cases is the suspension of functions provisionally produced? The provisional British Student Phone Number List may be agreed preventively during the processing of a judicial or disciplinary procedure. In this sense, provisional suspension of functions will be declared: When, during the processing of a judicial procedure, the provisional detention of an official or other measures that determine the impossibility of performing his or her job are ordered. In this case, you will be declared provisionally suspended for the duration of these measures. As a preventive measure during the processing of a disciplinary file, which may be agreed upon by the authority that ordered the initiation of the file, and this suspension may not exceed six months, except in the event of cessation of the procedure attributable to the interested party.
Jurisprudential criterion on the provisional suspension of functions Regarding the provisional form of suspension of functions for an official , it is appropriate to mention the jurisprudential criterion that has been upheld by the Fourth Section of the Administrative Litigation Chamber of the Supreme Court in its Sentence No. 1,648/2020, dated … we conclude that, in accordance with art. 98.3 of the EBEP, and provided that the legislation governing disciplinary sanctioning procedures establishes it, the adoption of the measure of provisional suspension of functions of the official has the following characteristics: i) In the course of a disciplinary procedure, the Administration may agree to the measure of provisional suspension of functions with the initial resolution to initiate the disciplinary file or at any time during its processing, always in a reasoned and proportionate manner, and with the time limitation of six months, unless the procedure is stopped causing its delay for reasons attributable to the interested party. ii) During the processing of a criminal judicial procedure against a public official, two situations arise.