non-legislative proposal submitted by the PP in Congress.
is a bit long, but worth reading.
http://www.elconfidencialdigital.com/images/HTMLText/PNL_PP_leycarreramilitar.pdf
POPULAR PARLIAMENTARY GROUP IN CONGRESS
EXPLANATORY
In its preamble, the Military Career Law establishes the purpose of ensuring the quality of military personnel in a highly technical modern and where human resources constitute an essential and decisive factor. The will of the law must pursue a personnel policy that achieve excellence, both in the formative stage in the selection of the best qualified for promotion and the most suitable for the performance of cough destinations.
Another goal set by the Act is to incorporate the system of professional military personnel the principles and rules of general application to the service staff of the General Administration of State in accordance with the law 7 / 2007 of April 12 of the Basic Statute for Civil Servants, with adaptations due to the military status.
The Act also emphasizes in its preamble, reinforcing the role of the NCO to defining, repeatedly, as a fundamental link to the organization.
All of the above is just a sample of the intentions of the Act Sixteen months after its entry into force survive multiple failures, injuries and contradictions it is necessary and urgent to solve, that they are exposed, again and again, for those affected, which are causing great unrest and the government, understandably, gives no answer.
notes with concern the PP parliamentary group that noncommissioned officers about the situation is most severe for the many grievances, the truncated career prospects and low expectations for the future that are currently NCO scales. It is urgent to solve, among other things, to complaints that causes the elimination of official promotion to internal promotion, the delay successive ages Pass subject, the assignment of new responsibilities without the provision for pay or recognition category, the grievances in promotions to lieutenant and delays, the collapse of the pyramid scale uncompensated personnel, lack of employment limits in most cases the provision of services or loss of expertise, among other issues.
Popular Parliamentary Group understands that, despite the repeatedly proclaimed throughout the text of the current Military Career Law, the current model is moving away from the English civil service model (Law 7 / 2007 of the Civil Service Basic Statute) of great career opportunities and internal promotion, while in the military field is left that way.
The current legislation a standard template and promotion rules that greatly limit their career options, left out of the profession of arms control and valid when soldiers can best meet the purpose for which they were trained in military academies and schools.
The Act imposes, likewise, a rigid templates, instead of providing a good personnel policy and wasted unnecessarily complicates training and coaching invaluable. The Military Career Law gives unequal treatment to different scales, it devalues \u200b\u200bthe NCO and step insufficient to army and navy. With the aim of unifying scales has created inequalities dog officials, including scales and even within the same scales in different situations.
Popular Parliamentary Group is aware of existing problems and grievances, introduced and presented in this House many initiatives, questions and proposals for the amendment of Law 39/2007, aimed at addressing the complex casuistry Errors and existing discrimination.
This non-legislative proposal compiled, expanded and added to the various parliamentary initiatives for the following reasons:
* consider of utmost urgency looking for immediate solutions to many issues, dysfunctions, injuries, situations unfair or violation of individual rights at the time of application of the Act, have emerged or were foreseeable and were not corrected.
* believe that, in light of experience, we have to remove an adaptation of the Scales of Officers, for reasons of content and economy.
* We believe that the Congress should, and it is your responsibility to be actively involved in monitoring the development of this Act and to propose the creation of a future Subcommittee to monitor the implementation of Ia Career Law Military.
Popular Parliamentary Group believes that while each situation, their size and significance, deserves an individualized treatment is important for the emergency procedure and parliamentary agility collect all the amendments in a single text. This will be given the highest urgency to the debate not to delay the solutions.
For these reasons, and aware that the list of issues that this includes non-legislative proposal can not be exhaustive and may be extended, adapted and revised, if necessary, the Popular Parliamentary Group presents and submits urgent amendments to a vote to resolve the situations of different groups that are listed below:
First, it is urgent to address the situation fa NCOs from the above rule does not have the ability to access senior military jobs by the system of internal promotion. This is correct underestimation and that damage and increase their prospect of real military.
consider this matter of utmost urgency because it is found that the implementation of the present Act is that the NCOs who have not accessed the intermediate scales have prevented the rise in official limits either by age or have employment reached a certain officer. These limits are causing discriminatory and hardly compatible with the principles of merit and ability. We note, also, that calls for internal promotion, and implementation of the Act punishes those who have more merit for his age and experience (A squad of 34 who had college education, who had participated in various military operations, who spoke three languages \u200b\u200band had been decorated for his merits could not have reached the official use of brigade or for exceeding the limit of 33 years while he is considered fit to perform official duties to fit).
also urgently need to solve the status of all non-commissioned officers who had no legal limitation to achieve the use of second lieutenant, that in this way can get the rank of Lieutenant after the age of 25 years antiquity as a career soldier, has previously been proceeding to the correction of jobs and seniority, with the reorganization of access promotion.
This paper, therefore, urges the government, in the first point, to modify and implement Article 62 of Law 3912007 and Transitional Provisions for (1 st, 2 nd, 3 rd and 4 th) of so as to change and rectify the criteria for promotion of junior officers. Also be amended Article 21.
Second, are urged to lay down general rules on promotion to the rank of noncommissioned officer to fit the principles enshrined in the English Constitution.
To do this, the second point of this bill proposes to remedy the injury means that the NCO to the date of entry into force were on reserve status be granted greater seniority and a higher salary to staff are active in the situation, who inexplicably punished for continuing to supply services. So, at this point this NLP propose the amendment of the transitional provision 7 of Act 3912007 of the Military Career
Third, are urged to introduce changes on the teachings, so as to raise the race officer to be college degree and prestige with a more consistent curriculum. Therefore, paragraph three of this non-legislative proposal requesting the amendment of Article 57 on the teachings of the Law 39/2007
Fourthly, we propose to give an urgent solution to the status of Air Force non-commissioned officers from the former non-commissioned officers scales, which have not been backed up their entitlement in his career. These NCOs have been compounded their situation to be promoted, on approval of the Air Force NCO who were in the reserve, many of them from the reserve transient (whose rights and expectations were clearly defined), the rank of Lieutenant. The above Air Force NCO active rights have been severed and truncated his career by not preemitírsele the possibility of promotion to Officer, and not taking into account the fundamental principles of merit and ability inspiring new laws Career Military.
To that end, this proposition of law not ask the government, in its fourth point, Proposed Amendment of the 10th Additional Provision of Law 39/2007.
Fifth, we urgently to address the grievances that have been suffering for years and Scale Auxiliary Assistant Specialist. To address the grievances of the components of the courses XXXll the Auxiliary Scale XXXV (Eaux) and IX to XVI Assistant Specialist Corps (EAC) of the Army, will have to amend paragraphs 3 and 7 of the Provision Additional praise for the Law 37/2007 on the Military Career, and add a point eight, according to what is proposed in the fifth point of this proposition of law.
Sixthly, we propose to correct the detrimental effects that the existing rule produces a disabled military on duty or retired because it was permanently injured while on duty.
To that end, this proposition of law claims that the government, in its sixth point, the modification of the tenth additional provision.
Seventh, we propose, in this non-legislative proposal, to correct certain errors of the Law 39/2007 causing injury to more than 200 second lieutenants.
To that end, this proposition of law requested by the government, in its seventh point, the modification of the fourth transitory provision.
Eighth, we propose a solution for access to employment than those who move to the reservation from the coming into force of this Act
To do this non-legislative proposal prompted the government in its eighth point, the modification of the sixth transitory provision.
Finally, and in relation to \\ a integration of official scales, this proposition of law, at its tenth, claiming the removal of so-called course of adaptation, which has come to cause harm in all scales for the following reasons:
* not respected, even breached, individual rights.
* has ignored that 90% of the components of the scales of both the Corps General Officers and Specialists Corps come from internal promotion Scale NCO and have five years of training, along with two oppositions, also, for income scale are they the same qualifications as required for access to university education.
* has alienated the armed forces of English civil service model (Law 7 / 2007 of the Civil Service Basic Statute) and the specimen in the mainstream education system.
* It has led, by distorting the rules, scales and varemos, a number of complaints, violations of individual rights and a host of grievances, inequality, errors and omissions that have caused unprecedented unrest in numerous military establishments of the three armies.
To overcome these shortcomings and grievances, in the above paragraph nine of this non-legislative proposal requesting the Government to submit a modification and rearrangement of bodies and categories defined in the current law by removing uncertainties and avoiding demotivation.
Also, in paragraph 10 states the need to establish a subcommittee to monitor the implementation of the Law on Military Career. For what shall initiate the appropriate procedures. It urges the government to submit the first report of enforcement.
Considering the above background, the Popular Parliamentary Group has the following
PROPOSITION OF LAW NO
The House of Representatives urges the Government to:
1. Refer to the House for discussion and approval on the implementation of Article 62 of Law 39/2007 and Transitional Provisions 1st, 2nd and 4th, so that:
> is set to July 2011, on merit and ability without limits of age or employment which and without being in possession of a bachelor's degree, within the quota established by the Ministry of Defense official for promotion to internal promotion, never less than 25% of the total seats offered official.
> You set a time limit of three months to reform the situation of non-commissioned officers affected by the Law on professional military personnel system and, likewise, so that ways and means to restore rights promotion of the Air Force NCO.
> You take urgent measures so that those who had Sgt obtained employment under the Law Regulating the System of Professional Military Personnel 17/1989 and before the implementation of Law 17/1999 Regime Staff of the Armed Forces, to achieve the rank of Lieutenant in the asset to meet NCO and 25 years of successfully passing the fitness course, or after exercise and Lieutenant services for 5 years although they had not completed 25 years of NCO.
> is contemplated, from the proposed modification of the transitional provision 3a, that all those junior officers who obtained the rank of sergeant before the implementation of the Law Regulating Regime Staff Military Professional 17/1989, they are recognized at the time of promotion to officer, seniority, length of service and economic effects, dated January 1, 2008. The minimum acceptable will be May 20, 1999.
> It provides, from the modification of the transitional provision 4th all Non-commissioned armed forces not subject to the above provisions, and they got the job of sergeant from 1 January 1977, ascend, at its request, the use of reserve lieutenant in the age and service times of 1 January 2008 and economic effects of the filing date of the application.
> The change that provision and Article 21 so that all non-commissioned officers who had no legal limitation to achieve the use of lieutenant, to achieve the rank of Lieutenant after reaching 25 years old as military career. Previously, it was appropriate to the correction of jobs and seniority, by the reorganization for promotion of access, in accordance with the provisions of the transitional provision.
2. Sent to the House for debate and approval a new wording of the transitional provision of the Seventh Law 39/2007 on the Military Career advancement to the rank of noncommissioned officer so that compliance with the principles enshrined in the English Constitution and the Equal itself, ability and merit. The new version will address the following criteria:
> The NCO who obtained the job of sergeant from January 1, 1977 and prior to January 1, 1990 for the Army and Navy, (date of entry into force of Law 17/1989 of 19 July Regime Staff of the Armed Forces) and the July 7, 1993 for the Air Force, (date prior to the rise to Sergeant employment the first class of the Basic Academic Air), and had no legal limitation to achieve the use of second lieutenant, may obtain, upon request, the use of lieutenant who will be granted to move to reserve status with economic effects from the date of promotion. NCOs who have promoted the use of Chief Petty Officer, will amount to the same conditions of employment of Captain.
> NCOs who have promoted or ascend to the rank of Lieutenant, in expansion of Law 27/1999 of May 18, or this provision, for the sole purpose of determining the ranking order in reserve status, occupy, each of them, as appropriate for the job they achieved in the active service and seniority in the same. The Senior NCO that the entry into force of this provision would have obtained the rank of Lieutenant to Captain amount which will be assigned the same age who held the rank of Lieutenant.
> The age and time effective services in the employment of the personnel named in the foregoing shall be the one to each of the promotions for promotion to sergeant follows:
1 January 2000 for the promotion of 1977.
January 1, 2001, for the promotion of 1978.
January 1, 2002, for the class of 1979;
and so on until the last class for the dates indicated.
3. Develop and modify the requirements of Article 57 on the teachings of the Law 3912007 so as to raise the race officer to be college degree and career prestige the aforementioned study plans more consistent, according to the following criteria:
> Facilitating noncommissioned officer who obtained a university degree title ascend through the internal promotion of a merit system and capacity without limits of age or employment reached within the quota established by the Ministry of Defence for promotion to Officer and which must not be less than 25% of the total seats offered Officers.
> Avoid the "penalty" where the current sergeants, and by extension all non-commissioned officers, with a vocational degree (senior technician) when committed by law and carried out, it is for the college degree to be assigned to the Bologna agreements to current college coaches and graduates.
> Modify the existing education system, by creating the University Law 39/2007 of Defense, it leaves out the non-commissioned officer academies. Correct this anomaly so that if the Lieutenant is the engineer of the FAS, the engineer is the sergeant, prepared, in addition to their specific tasks, for others of greater responsibility.
> Prepare and submit to the House the relevant studies for NCO academies which pass to join the University of Defence and updated the curriculum for what the students of these schools to obtain the degree in college.
> equate with civilian qualifications military studies carried out in the AGBs, according to conditions, study, during and after courses. The matching criteria will be the implementation of the Bologna agreement.
> Pay the staff college of the Armed Forces through the provision of aid that will be accessed by a combination of merit and ability in order that those who seek to promote an officer to meet this requirement.
> Expanding the percentage of quotas to be established for access to the noncommissioned officer who obtained the title of university degree.
4. Refer to the House for debate and approval amending the 10th Additional Provision of Law 39/2007 to resolve the status of Air Force NCO, according to the following parameters:
* Reorder, retaining the same old order and the scales have mentioned in this text, and noncommissioned officers on active duty and reserve, starting from the date of his promotion to lieutenant, in the worst case could not be later than that resulting from fa turned twenty-eight years after its entry into the service, as envisaged by number three, B) of Article I of Law 43/1977 of 8 June, to amend the conditions for promotion of the Air Force NCO, and always that would have matched the rise the preceding one in the hierarchy. For this to be applied cough following criteria:
> Assign, within the new order and the date that had or would have had to the previous point, employment and seniority of lieutenant in the original scale, each of them, limit their employment and seniority are not following the date of the meeting concerned or has turned 61 years old.
> Perform the following promotion to Captain and Commander jobs by the seniority system, computing and adjusting the minimum time spent in employment to qualify for the next job.
> Give all military personnel referred to the current law, the use of Commander met only once in the employment of Captain residence time previously required, and when they go to reserve status, with the age limit obtained in this work, no later than the date meet or who turned 61 years old.
> Put in place measures to ensure that official data found on removal of the entry into force of the amendment of Act fa, from the scales above, to apply, employment and seniority assigned to them continue through the ranks, and always with the limit that does not involve employment and seniority after the date on which the affected turned 61 years of age.
> Subjecting the implementation of these measures temporary personnel from temporary reservation to the view that the dates of job tenure resulting from the reorganization are earlier than the date on which each joined the transitional reservation. From that date it will be recognized only promotion, under Royal Decree 741/1986 of 11 April, establishing the status of Transient Reserve Air Force, if he had not obtained prior to the publication date of this Act by other legislation, ranks in this case and obtained employment in the appropriate place in the scale according to the provisions for that purpose in this Act
> Keep Military Personnel affected by the proposed rule, and grades in their respective of Law 17/1999 until his retirement, why not joining the new scales contained in the law 39/2007 of 19 November of the military.
> Maintaining the legal limit for those who, prior to the entry into force of the amended provision, legal restrictions have to meet certain jobs or had slipped in the ranks of law enforcement force.
* The amendment is sent to the House shall apply to officers and NCOs of the Scales: Special Officer of Troops and Services, Special Officers Warning and Control Operators; Troops NCO and Services, Specialty Warning and Control Operators, Special Officer Aircraft Maintenance Mechanics, Special Officer of Electronic Mechanics, Special Officer Bomb Gunsmith; Special radio officer, Special Photography and Mapping Officer, Special Mechanical Officials Transfer, Special Automobile Mechanical Officials; Office Auxiliary Air Forces Officers.
> From NCO Specialist Aircraft Maintenance Mechanics, Mechanical Specialists In Electronics NCO, NCO Gunsmith Bomb specialists, radio operators Specialists NCO, NCO Photography and Mapping Specialists, Specialists NCO drives; NCO specialists Auto Mechanics; Office Auxiliary Air Forces, NCOs.
> Coming Scales Gun Auxiliary Air Force, who were fa structured by Law 18/1975, of May 2, the reorganization of Aviation Weapon, amending the law of July 15, 1952, reorganization of the Gun Aviation, and Law 146/1963, laying reorganization of the Military Office Auxiliary Air, created by Act May 26, 1944, acknowledging in its second article the right to attain the rank of officer, to the use of commander, and who were active in any job on January 1, 1990, date of entry into force of Law 17/1989, of July 19, Regulatory Regime Military Personnel Training, and before those who obtained employment by Resolution num.762 Sergeant / 0932-í/93 (Body General) and Resolution 762109325193 (Specialist Corps) 13.0.0. not 132, and that dog under the First Promotion of NCO Ranks, established in the Law 17/1989.
* Any of the new situations created pursuant to the tenth additional provision of Law 39/2007 as amended in accordance with the above criteria will not be for any of the interested economic effects prior to the date of its entry into force.
5. Refer to the House for debate and approval a proposal amending the Additional Provision loa of Law 37/2007 of a military career, so as to mitigate the adverse effects they are experiencing the components of the courses XXXII to XXXV Assistant Scale (Eaux) and IX to XVI Assistant Specialist Corps ( CAE) of the Army, and taking into account the following information
> Add a new paragraph to paragraph 3 of fa 10th Additional Provision of Law with the following: "The age of promotion in give all stakeholders will be to January 1, 2008, with the economic effects those listed in paragraph 7 ", as was done with the promotion to lieutenant under the DA 8a of the Law 17/1999.
> to redraft paragraph 7, as follows: "7. Any new situations generated under this provision shall not for any of the interested economic effects prior to the date of entry into force of this Act and in the case of active duty, either before the date of his move to the reservation, except as provided in Section 8.
> Add new point, 8, with the following contents: "8 .- triennia Times for rights and liabilities are accounted for stakeholders, either regardless of their situation, from the date you obtained the ability to access the auxiliary scales and the auxiliary body of specialists, the economic effects of January 1, 2008. The Defense Ministry officially reconverted trienniums Group Al corresponding to every party and update times for pension rights in the relevant personnel file "
6. Refer to the House for debate and approval of Additional Provision Amendment praise of the current law, so as to correct the harmful effects that this rule produces a disabled military in action, introducing the following changes and criteria:
> Adding text at the end of the first paragraph of point one, which reads: "... except those who by law were exempt you from conducting ...". It also will add a new paragraph to paragraph four to read "the NCO from the NCO corps in retirement due to permanent disability caused while on duty or terrorism, may request within six months of employment and old assigned to follow him in the course of fitness for access to these scales contained in this reorganization because they were on active duty or reserve. Always with the limit that does not involve employment and seniority after the date on which the affected turned 61 years old. Always, also, that the dates of job tenure resulting from the reorganization are earlier than the date on which each happened to pensioners. "
> Forward also changing Additional Provision 10 th to provide a solution to the granting of promotions (like the rest of the retired personnel) to the lieutenants who are with the approved course and removed for having been injured permanently on duty. And Widows of officers killed in seniority dates granted by the Act were alive and met the requirements as well as other retirees.
7. Refer to the House for debate and approval a proposal amending the Fourth Transitional Provision, so to correct the damage caused by this Act to the lieutenants, according to the following criteria:
> Modify the Temporary Provision on July 4. Section H, deleting the reference to G and giving a new wording to the transitional provision 4 ª 7 G so that Alfereces Scales cough Officers General and Specialist bodies ascend in accordance with the provisions in the transitional provision of Law 39/2007. This will solve the serious harm that a normative contradiction between the Transitional Provisions and 4a is causing a group of over two hundred military.
> Amend Article 22 of Law 39/2007 of employment so that the lieutenant of the categories of officers it is only for academic purposes.
8. Refer to the House for debate and approval a proposal amending the transitional provision 6 th so that all who pass to the reservoir from the entry into force of this Act, regardless of scale or body of origin, superior access to employment with the exception of the use of General Officers on the scales and Lieutenant Colonel on the scales declared for the extinguishing of the Law 17/1989, provided they have no legal limitation to meet up and not ten years of his employment computed the time of reservation, the application will be available once this correction made jobs and length to it by the reorganization for promotions.
9. Refer to the House for debate and approval a proposal Modification of the transitional provision 4 th 7.b, so that the deletion of the so-called adaptation Course. " In that proposal, plus the deletion of that year, the Government must respect the following criteria on the establishment of bodies and scales:
> Regardless of the date of incorporation to the new scales, this there will be employment and seniority promotion corrected. By adapting technical standards of situations, and until the enactment of the corresponding templates quadrennial Article 16.4, shall be promulgated by appropriate transitional templates adaptation, these templates will be temporary in any case longer than two years.
> Prior to the integration of new scales, we proceed to the correction of jobs and seniority, by the reorganization for promotion of access to the appropriate scales with effect from date of entry into force this Act
> rearrangements of seniority for promotion within each scale, following the implementation of rules and procedures prior to the integration of scales, in no case involve changing the relative position of its members as a result of the application of these rules of integration. In the case of equal seniority, the sort order in different jobs of members of bodies and scales to integrate, it will be solved by applying the proportionality test by the number of troops for the use and origin in each integrated case.
10. The Government referred to the Subcommittee to be formed for this purpose within the Defence Committee, a report that includes details about the individual impact in the area of \u200b\u200beach army, Application of the transitional provision 4 =, paragraph 6 and the transitional arrangement 4a, paragraph 12 of the proportionality test to order in a single ranking officers of different backgrounds. Also include details of the provision of implementation of the transitional provision 4a, paragraph 7.b additional provision amended by fa 15a of the Budget Law.
Future Monitoring Subcommittee of the Implementation of the Military Career Law, once it is constituted, work on a permanent basis during this Legislature. Processed and will hear a 'few situations individual grievance will be raised and thus, a proper channel and complimentary access to government.
11. Refer to the House for debate and approval a proposal to amend Article 116, "on the loss of career military status, stating as follows:" that in any case, this condition loss will occur due to circumstances, causes sentencing to main or disciplinary sanction or other, or produce worse effects than its equivalent for other civil officers of the General State Administration. "
12. Refer to the House for debate and approval a proposal amending the Transitional Provision 1 st, so that new systems of promotion are applied since the entry into force of this Act
Another goal set by the Act is to incorporate the system of professional military personnel the principles and rules of general application to the service staff of the General Administration of State in accordance with the law 7 / 2007 of April 12 of the Basic Statute for Civil Servants, with adaptations due to the military status.
The Act also emphasizes in its preamble, reinforcing the role of the NCO to defining, repeatedly, as a fundamental link to the organization.
All of the above is just a sample of the intentions of the Act Sixteen months after its entry into force survive multiple failures, injuries and contradictions it is necessary and urgent to solve, that they are exposed, again and again, for those affected, which are causing great unrest and the government, understandably, gives no answer.
notes with concern the PP parliamentary group that noncommissioned officers about the situation is most severe for the many grievances, the truncated career prospects and low expectations for the future that are currently NCO scales. It is urgent to solve, among other things, to complaints that causes the elimination of official promotion to internal promotion, the delay successive ages Pass subject, the assignment of new responsibilities without the provision for pay or recognition category, the grievances in promotions to lieutenant and delays, the collapse of the pyramid scale uncompensated personnel, lack of employment limits in most cases the provision of services or loss of expertise, among other issues.
Popular Parliamentary Group understands that, despite the repeatedly proclaimed throughout the text of the current Military Career Law, the current model is moving away from the English civil service model (Law 7 / 2007 of the Civil Service Basic Statute) of great career opportunities and internal promotion, while in the military field is left that way.
The current legislation a standard template and promotion rules that greatly limit their career options, left out of the profession of arms control and valid when soldiers can best meet the purpose for which they were trained in military academies and schools.
The Act imposes, likewise, a rigid templates, instead of providing a good personnel policy and wasted unnecessarily complicates training and coaching invaluable. The Military Career Law gives unequal treatment to different scales, it devalues \u200b\u200bthe NCO and step insufficient to army and navy. With the aim of unifying scales has created inequalities dog officials, including scales and even within the same scales in different situations.
Popular Parliamentary Group is aware of existing problems and grievances, introduced and presented in this House many initiatives, questions and proposals for the amendment of Law 39/2007, aimed at addressing the complex casuistry Errors and existing discrimination.
This non-legislative proposal compiled, expanded and added to the various parliamentary initiatives for the following reasons:
* consider of utmost urgency looking for immediate solutions to many issues, dysfunctions, injuries, situations unfair or violation of individual rights at the time of application of the Act, have emerged or were foreseeable and were not corrected.
* believe that, in light of experience, we have to remove an adaptation of the Scales of Officers, for reasons of content and economy.
* We believe that the Congress should, and it is your responsibility to be actively involved in monitoring the development of this Act and to propose the creation of a future Subcommittee to monitor the implementation of Ia Career Law Military.
Popular Parliamentary Group believes that while each situation, their size and significance, deserves an individualized treatment is important for the emergency procedure and parliamentary agility collect all the amendments in a single text. This will be given the highest urgency to the debate not to delay the solutions.
For these reasons, and aware that the list of issues that this includes non-legislative proposal can not be exhaustive and may be extended, adapted and revised, if necessary, the Popular Parliamentary Group presents and submits urgent amendments to a vote to resolve the situations of different groups that are listed below:
First, it is urgent to address the situation fa NCOs from the above rule does not have the ability to access senior military jobs by the system of internal promotion. This is correct underestimation and that damage and increase their prospect of real military.
consider this matter of utmost urgency because it is found that the implementation of the present Act is that the NCOs who have not accessed the intermediate scales have prevented the rise in official limits either by age or have employment reached a certain officer. These limits are causing discriminatory and hardly compatible with the principles of merit and ability. We note, also, that calls for internal promotion, and implementation of the Act punishes those who have more merit for his age and experience (A squad of 34 who had college education, who had participated in various military operations, who spoke three languages \u200b\u200band had been decorated for his merits could not have reached the official use of brigade or for exceeding the limit of 33 years while he is considered fit to perform official duties to fit).
also urgently need to solve the status of all non-commissioned officers who had no legal limitation to achieve the use of second lieutenant, that in this way can get the rank of Lieutenant after the age of 25 years antiquity as a career soldier, has previously been proceeding to the correction of jobs and seniority, with the reorganization of access promotion.
This paper, therefore, urges the government, in the first point, to modify and implement Article 62 of Law 3912007 and Transitional Provisions for (1 st, 2 nd, 3 rd and 4 th) of so as to change and rectify the criteria for promotion of junior officers. Also be amended Article 21.
Second, are urged to lay down general rules on promotion to the rank of noncommissioned officer to fit the principles enshrined in the English Constitution.
To do this, the second point of this bill proposes to remedy the injury means that the NCO to the date of entry into force were on reserve status be granted greater seniority and a higher salary to staff are active in the situation, who inexplicably punished for continuing to supply services. So, at this point this NLP propose the amendment of the transitional provision 7 of Act 3912007 of the Military Career
Third, are urged to introduce changes on the teachings, so as to raise the race officer to be college degree and prestige with a more consistent curriculum. Therefore, paragraph three of this non-legislative proposal requesting the amendment of Article 57 on the teachings of the Law 39/2007
Fourthly, we propose to give an urgent solution to the status of Air Force non-commissioned officers from the former non-commissioned officers scales, which have not been backed up their entitlement in his career. These NCOs have been compounded their situation to be promoted, on approval of the Air Force NCO who were in the reserve, many of them from the reserve transient (whose rights and expectations were clearly defined), the rank of Lieutenant. The above Air Force NCO active rights have been severed and truncated his career by not preemitírsele the possibility of promotion to Officer, and not taking into account the fundamental principles of merit and ability inspiring new laws Career Military.
To that end, this proposition of law not ask the government, in its fourth point, Proposed Amendment of the 10th Additional Provision of Law 39/2007.
Fifth, we urgently to address the grievances that have been suffering for years and Scale Auxiliary Assistant Specialist. To address the grievances of the components of the courses XXXll the Auxiliary Scale XXXV (Eaux) and IX to XVI Assistant Specialist Corps (EAC) of the Army, will have to amend paragraphs 3 and 7 of the Provision Additional praise for the Law 37/2007 on the Military Career, and add a point eight, according to what is proposed in the fifth point of this proposition of law.
Sixthly, we propose to correct the detrimental effects that the existing rule produces a disabled military on duty or retired because it was permanently injured while on duty.
To that end, this proposition of law claims that the government, in its sixth point, the modification of the tenth additional provision.
Seventh, we propose, in this non-legislative proposal, to correct certain errors of the Law 39/2007 causing injury to more than 200 second lieutenants.
To that end, this proposition of law requested by the government, in its seventh point, the modification of the fourth transitory provision.
Eighth, we propose a solution for access to employment than those who move to the reservation from the coming into force of this Act
To do this non-legislative proposal prompted the government in its eighth point, the modification of the sixth transitory provision.
Finally, and in relation to \\ a integration of official scales, this proposition of law, at its tenth, claiming the removal of so-called course of adaptation, which has come to cause harm in all scales for the following reasons:
* not respected, even breached, individual rights.
* has ignored that 90% of the components of the scales of both the Corps General Officers and Specialists Corps come from internal promotion Scale NCO and have five years of training, along with two oppositions, also, for income scale are they the same qualifications as required for access to university education.
* has alienated the armed forces of English civil service model (Law 7 / 2007 of the Civil Service Basic Statute) and the specimen in the mainstream education system.
* It has led, by distorting the rules, scales and varemos, a number of complaints, violations of individual rights and a host of grievances, inequality, errors and omissions that have caused unprecedented unrest in numerous military establishments of the three armies.
To overcome these shortcomings and grievances, in the above paragraph nine of this non-legislative proposal requesting the Government to submit a modification and rearrangement of bodies and categories defined in the current law by removing uncertainties and avoiding demotivation.
Also, in paragraph 10 states the need to establish a subcommittee to monitor the implementation of the Law on Military Career. For what shall initiate the appropriate procedures. It urges the government to submit the first report of enforcement.
Considering the above background, the Popular Parliamentary Group has the following
PROPOSITION OF LAW NO
The House of Representatives urges the Government to:
1. Refer to the House for discussion and approval on the implementation of Article 62 of Law 39/2007 and Transitional Provisions 1st, 2nd and 4th, so that:
> is set to July 2011, on merit and ability without limits of age or employment which and without being in possession of a bachelor's degree, within the quota established by the Ministry of Defense official for promotion to internal promotion, never less than 25% of the total seats offered official.
> You set a time limit of three months to reform the situation of non-commissioned officers affected by the Law on professional military personnel system and, likewise, so that ways and means to restore rights promotion of the Air Force NCO.
> You take urgent measures so that those who had Sgt obtained employment under the Law Regulating the System of Professional Military Personnel 17/1989 and before the implementation of Law 17/1999 Regime Staff of the Armed Forces, to achieve the rank of Lieutenant in the asset to meet NCO and 25 years of successfully passing the fitness course, or after exercise and Lieutenant services for 5 years although they had not completed 25 years of NCO.
> is contemplated, from the proposed modification of the transitional provision 3a, that all those junior officers who obtained the rank of sergeant before the implementation of the Law Regulating Regime Staff Military Professional 17/1989, they are recognized at the time of promotion to officer, seniority, length of service and economic effects, dated January 1, 2008. The minimum acceptable will be May 20, 1999.
> It provides, from the modification of the transitional provision 4th all Non-commissioned armed forces not subject to the above provisions, and they got the job of sergeant from 1 January 1977, ascend, at its request, the use of reserve lieutenant in the age and service times of 1 January 2008 and economic effects of the filing date of the application.
> The change that provision and Article 21 so that all non-commissioned officers who had no legal limitation to achieve the use of lieutenant, to achieve the rank of Lieutenant after reaching 25 years old as military career. Previously, it was appropriate to the correction of jobs and seniority, by the reorganization for promotion of access, in accordance with the provisions of the transitional provision.
2. Sent to the House for debate and approval a new wording of the transitional provision of the Seventh Law 39/2007 on the Military Career advancement to the rank of noncommissioned officer so that compliance with the principles enshrined in the English Constitution and the Equal itself, ability and merit. The new version will address the following criteria:
> The NCO who obtained the job of sergeant from January 1, 1977 and prior to January 1, 1990 for the Army and Navy, (date of entry into force of Law 17/1989 of 19 July Regime Staff of the Armed Forces) and the July 7, 1993 for the Air Force, (date prior to the rise to Sergeant employment the first class of the Basic Academic Air), and had no legal limitation to achieve the use of second lieutenant, may obtain, upon request, the use of lieutenant who will be granted to move to reserve status with economic effects from the date of promotion. NCOs who have promoted the use of Chief Petty Officer, will amount to the same conditions of employment of Captain.
> NCOs who have promoted or ascend to the rank of Lieutenant, in expansion of Law 27/1999 of May 18, or this provision, for the sole purpose of determining the ranking order in reserve status, occupy, each of them, as appropriate for the job they achieved in the active service and seniority in the same. The Senior NCO that the entry into force of this provision would have obtained the rank of Lieutenant to Captain amount which will be assigned the same age who held the rank of Lieutenant.
> The age and time effective services in the employment of the personnel named in the foregoing shall be the one to each of the promotions for promotion to sergeant follows:
1 January 2000 for the promotion of 1977.
January 1, 2001, for the promotion of 1978.
January 1, 2002, for the class of 1979;
and so on until the last class for the dates indicated.
3. Develop and modify the requirements of Article 57 on the teachings of the Law 3912007 so as to raise the race officer to be college degree and career prestige the aforementioned study plans more consistent, according to the following criteria:
> Facilitating noncommissioned officer who obtained a university degree title ascend through the internal promotion of a merit system and capacity without limits of age or employment reached within the quota established by the Ministry of Defence for promotion to Officer and which must not be less than 25% of the total seats offered Officers.
> Avoid the "penalty" where the current sergeants, and by extension all non-commissioned officers, with a vocational degree (senior technician) when committed by law and carried out, it is for the college degree to be assigned to the Bologna agreements to current college coaches and graduates.
> Modify the existing education system, by creating the University Law 39/2007 of Defense, it leaves out the non-commissioned officer academies. Correct this anomaly so that if the Lieutenant is the engineer of the FAS, the engineer is the sergeant, prepared, in addition to their specific tasks, for others of greater responsibility.
> Prepare and submit to the House the relevant studies for NCO academies which pass to join the University of Defence and updated the curriculum for what the students of these schools to obtain the degree in college.
> equate with civilian qualifications military studies carried out in the AGBs, according to conditions, study, during and after courses. The matching criteria will be the implementation of the Bologna agreement.
> Pay the staff college of the Armed Forces through the provision of aid that will be accessed by a combination of merit and ability in order that those who seek to promote an officer to meet this requirement.
> Expanding the percentage of quotas to be established for access to the noncommissioned officer who obtained the title of university degree.
4. Refer to the House for debate and approval amending the 10th Additional Provision of Law 39/2007 to resolve the status of Air Force NCO, according to the following parameters:
* Reorder, retaining the same old order and the scales have mentioned in this text, and noncommissioned officers on active duty and reserve, starting from the date of his promotion to lieutenant, in the worst case could not be later than that resulting from fa turned twenty-eight years after its entry into the service, as envisaged by number three, B) of Article I of Law 43/1977 of 8 June, to amend the conditions for promotion of the Air Force NCO, and always that would have matched the rise the preceding one in the hierarchy. For this to be applied cough following criteria:
> Assign, within the new order and the date that had or would have had to the previous point, employment and seniority of lieutenant in the original scale, each of them, limit their employment and seniority are not following the date of the meeting concerned or has turned 61 years old.
> Perform the following promotion to Captain and Commander jobs by the seniority system, computing and adjusting the minimum time spent in employment to qualify for the next job.
> Give all military personnel referred to the current law, the use of Commander met only once in the employment of Captain residence time previously required, and when they go to reserve status, with the age limit obtained in this work, no later than the date meet or who turned 61 years old.
> Put in place measures to ensure that official data found on removal of the entry into force of the amendment of Act fa, from the scales above, to apply, employment and seniority assigned to them continue through the ranks, and always with the limit that does not involve employment and seniority after the date on which the affected turned 61 years of age.
> Subjecting the implementation of these measures temporary personnel from temporary reservation to the view that the dates of job tenure resulting from the reorganization are earlier than the date on which each joined the transitional reservation. From that date it will be recognized only promotion, under Royal Decree 741/1986 of 11 April, establishing the status of Transient Reserve Air Force, if he had not obtained prior to the publication date of this Act by other legislation, ranks in this case and obtained employment in the appropriate place in the scale according to the provisions for that purpose in this Act
> Keep Military Personnel affected by the proposed rule, and grades in their respective of Law 17/1999 until his retirement, why not joining the new scales contained in the law 39/2007 of 19 November of the military.
> Maintaining the legal limit for those who, prior to the entry into force of the amended provision, legal restrictions have to meet certain jobs or had slipped in the ranks of law enforcement force.
* The amendment is sent to the House shall apply to officers and NCOs of the Scales: Special Officer of Troops and Services, Special Officers Warning and Control Operators; Troops NCO and Services, Specialty Warning and Control Operators, Special Officer Aircraft Maintenance Mechanics, Special Officer of Electronic Mechanics, Special Officer Bomb Gunsmith; Special radio officer, Special Photography and Mapping Officer, Special Mechanical Officials Transfer, Special Automobile Mechanical Officials; Office Auxiliary Air Forces Officers.
> From NCO Specialist Aircraft Maintenance Mechanics, Mechanical Specialists In Electronics NCO, NCO Gunsmith Bomb specialists, radio operators Specialists NCO, NCO Photography and Mapping Specialists, Specialists NCO drives; NCO specialists Auto Mechanics; Office Auxiliary Air Forces, NCOs.
> Coming Scales Gun Auxiliary Air Force, who were fa structured by Law 18/1975, of May 2, the reorganization of Aviation Weapon, amending the law of July 15, 1952, reorganization of the Gun Aviation, and Law 146/1963, laying reorganization of the Military Office Auxiliary Air, created by Act May 26, 1944, acknowledging in its second article the right to attain the rank of officer, to the use of commander, and who were active in any job on January 1, 1990, date of entry into force of Law 17/1989, of July 19, Regulatory Regime Military Personnel Training, and before those who obtained employment by Resolution num.762 Sergeant / 0932-í/93 (Body General) and Resolution 762109325193 (Specialist Corps) 13.0.0. not 132, and that dog under the First Promotion of NCO Ranks, established in the Law 17/1989.
* Any of the new situations created pursuant to the tenth additional provision of Law 39/2007 as amended in accordance with the above criteria will not be for any of the interested economic effects prior to the date of its entry into force.
5. Refer to the House for debate and approval a proposal amending the Additional Provision loa of Law 37/2007 of a military career, so as to mitigate the adverse effects they are experiencing the components of the courses XXXII to XXXV Assistant Scale (Eaux) and IX to XVI Assistant Specialist Corps ( CAE) of the Army, and taking into account the following information
> Add a new paragraph to paragraph 3 of fa 10th Additional Provision of Law with the following: "The age of promotion in give all stakeholders will be to January 1, 2008, with the economic effects those listed in paragraph 7 ", as was done with the promotion to lieutenant under the DA 8a of the Law 17/1999.
> to redraft paragraph 7, as follows: "7. Any new situations generated under this provision shall not for any of the interested economic effects prior to the date of entry into force of this Act and in the case of active duty, either before the date of his move to the reservation, except as provided in Section 8.
> Add new point, 8, with the following contents: "8 .- triennia Times for rights and liabilities are accounted for stakeholders, either regardless of their situation, from the date you obtained the ability to access the auxiliary scales and the auxiliary body of specialists, the economic effects of January 1, 2008. The Defense Ministry officially reconverted trienniums Group Al corresponding to every party and update times for pension rights in the relevant personnel file "
6. Refer to the House for debate and approval of Additional Provision Amendment praise of the current law, so as to correct the harmful effects that this rule produces a disabled military in action, introducing the following changes and criteria:
> Adding text at the end of the first paragraph of point one, which reads: "... except those who by law were exempt you from conducting ...". It also will add a new paragraph to paragraph four to read "the NCO from the NCO corps in retirement due to permanent disability caused while on duty or terrorism, may request within six months of employment and old assigned to follow him in the course of fitness for access to these scales contained in this reorganization because they were on active duty or reserve. Always with the limit that does not involve employment and seniority after the date on which the affected turned 61 years old. Always, also, that the dates of job tenure resulting from the reorganization are earlier than the date on which each happened to pensioners. "
> Forward also changing Additional Provision 10 th to provide a solution to the granting of promotions (like the rest of the retired personnel) to the lieutenants who are with the approved course and removed for having been injured permanently on duty. And Widows of officers killed in seniority dates granted by the Act were alive and met the requirements as well as other retirees.
7. Refer to the House for debate and approval a proposal amending the Fourth Transitional Provision, so to correct the damage caused by this Act to the lieutenants, according to the following criteria:
> Modify the Temporary Provision on July 4. Section H, deleting the reference to G and giving a new wording to the transitional provision 4 ª 7 G so that Alfereces Scales cough Officers General and Specialist bodies ascend in accordance with the provisions in the transitional provision of Law 39/2007. This will solve the serious harm that a normative contradiction between the Transitional Provisions and 4a is causing a group of over two hundred military.
> Amend Article 22 of Law 39/2007 of employment so that the lieutenant of the categories of officers it is only for academic purposes.
8. Refer to the House for debate and approval a proposal amending the transitional provision 6 th so that all who pass to the reservoir from the entry into force of this Act, regardless of scale or body of origin, superior access to employment with the exception of the use of General Officers on the scales and Lieutenant Colonel on the scales declared for the extinguishing of the Law 17/1989, provided they have no legal limitation to meet up and not ten years of his employment computed the time of reservation, the application will be available once this correction made jobs and length to it by the reorganization for promotions.
9. Refer to the House for debate and approval a proposal Modification of the transitional provision 4 th 7.b, so that the deletion of the so-called adaptation Course. " In that proposal, plus the deletion of that year, the Government must respect the following criteria on the establishment of bodies and scales:
> Regardless of the date of incorporation to the new scales, this there will be employment and seniority promotion corrected. By adapting technical standards of situations, and until the enactment of the corresponding templates quadrennial Article 16.4, shall be promulgated by appropriate transitional templates adaptation, these templates will be temporary in any case longer than two years.
> Prior to the integration of new scales, we proceed to the correction of jobs and seniority, by the reorganization for promotion of access to the appropriate scales with effect from date of entry into force this Act
> rearrangements of seniority for promotion within each scale, following the implementation of rules and procedures prior to the integration of scales, in no case involve changing the relative position of its members as a result of the application of these rules of integration. In the case of equal seniority, the sort order in different jobs of members of bodies and scales to integrate, it will be solved by applying the proportionality test by the number of troops for the use and origin in each integrated case.
10. The Government referred to the Subcommittee to be formed for this purpose within the Defence Committee, a report that includes details about the individual impact in the area of \u200b\u200beach army, Application of the transitional provision 4 =, paragraph 6 and the transitional arrangement 4a, paragraph 12 of the proportionality test to order in a single ranking officers of different backgrounds. Also include details of the provision of implementation of the transitional provision 4a, paragraph 7.b additional provision amended by fa 15a of the Budget Law.
Future Monitoring Subcommittee of the Implementation of the Military Career Law, once it is constituted, work on a permanent basis during this Legislature. Processed and will hear a 'few situations individual grievance will be raised and thus, a proper channel and complimentary access to government.
11. Refer to the House for debate and approval a proposal to amend Article 116, "on the loss of career military status, stating as follows:" that in any case, this condition loss will occur due to circumstances, causes sentencing to main or disciplinary sanction or other, or produce worse effects than its equivalent for other civil officers of the General State Administration. "
12. Refer to the House for debate and approval a proposal amending the Transitional Provision 1 st, so that new systems of promotion are applied since the entry into force of this Act
Proud of Our Vocation. AGBs. Blog in defense of the NCO Corps of the Army General. Spain. 
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