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What it is

New disciplinary rules for members of the Spanish Civil Guard

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 21 March 2007. Introduced by: Gobierno.

Official title: Organic Government bill on the disciplinary regime of the Guardia Civil.

Source: Congreso de los Diputados, file 121/000132· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law sets out the disciplinary regime of the Civil Guard: which acts are offenses, what sanctions can be imposed, and how disciplinary proceedings work. Its purpose is to ensure the Corps fulfills its mission in line with the Constitution.
  2. Offenses are classified as very serious, serious, or minor. Very serious ones include harassment, degrading treatment of people in custody, being drunk or on drugs while on duty, or serious disobedience of a superior.
  3. Arrest is removed from the list of sanctions, and the maximum length of suspension from employment for a very serious offense rises from one to six years. Available sanctions are discharge from the service, suspension, loss of seniority ranking, loss of posting, loss of pay, and reprimand.
  4. Offenses expire after three years (very serious), two years (serious), and six months (minor). Disciplinary liability ends when the sanction is served, when it expires, or when the person dies.
  5. The disciplinary procedure adds safeguards: the right to remain silent and to legal assistance, the option to accept the statement of charges, and the right to take part in the evidence stage. Minor offenses are handled through a simplified written procedure instead of the former oral one.
  6. The Military Criminal Code no longer applies to the Civil Guard's ordinary service duties; it only applies in wartime, during a state of siege, on military missions, or when members are integrated into military units. The sanction of discharge from the service is imposed by the Minister of Defense at the proposal of the Minister of the Interior.

Who it affects

  • Members of the Civil Guard, who are subject to this law in any administrative status where they keep the rights and duties of the Corps.: They can be sanctioned for very serious, serious, or minor offenses under this law's rules.
  • Students at Civil Guard training centers.: They have their own disciplinary regime, with sanctions such as dismissal from the center or suspension of pay.
  • Commanders and authorities of the Ministries of Defense and the Interior.: They hold disciplinary power and sanctioning authority according to their level of command.
  • Citizens who deal with the Civil Guard.: They get stronger protection against conduct such as degrading treatment, abuse of authority, or discrimination.

Words worth knowing

Prescripción (statute of limitations)
The maximum time to punish an offense or enforce a sanction; once it passes, no action can be taken.
Escalafón (seniority ranking)
The ordered list of Corps members that determines each person's position for promotions and postings.
Pliego de cargos (statement of charges)
A written document from the case examiner listing the alleged facts and the proposed sanction.
Recurso de alzada (appeal to a higher authority)
A request to a higher commander to review a sanction imposed by a lower one.
Caducidad (expiry of proceedings)
If the final decision is not issued and notified within the set deadline, the case ends without a sanction.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced21 March 2007Someone registers the text in the Congreso.
  2. Admitted27 March 2007The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments30 March 2007Groups propose changes.
  4. Committee9 May 2007A committee goes through the text in detail.
  5. Plenary12 June 2007All 350 deputies vote.
  6. Senate21 June 2007The Senate can pass it, amend it or veto it.
  7. BOE4 October 2007It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Mar 2007Apr 2007May 2007Jun 2007Jul 2007Aug 2007Sept 200711. 21 March 2007: Presentación22. 27 March 2007: Comisión de Interior Publicación desde 27/03/2007 hasta 30/03/200733. 27 March 2007: Calificación44. 30 March 2007: Comisión de Interior Enmiendas desde 30/03/2007 hasta 09/05/200755. 9 May 2007: Comisión de Interior Informe desde 09/05/2007 hasta 30/05/200766. 30 May 2007: Comisión de Interior Dictamen desde 30/05/2007 hasta 12/06/200777. 12 June 2007: Pleno Aprobación desde 12/06/2007 hasta 21/06/200788. 21 June 2007: Senado desde 21/06/2007 hasta 26/09/200799. 26 September 2007: Pleno Enmiendas o veto del Senado desde 26/09/2007 hasta 04/10/20071010. 4 October 2007: Concluido - (Aprobado con modificaciones) desde 04/10/2007 hasta 12/11/2007

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Presented before in:

Published in the BOE: Ley Orgánica 12/2007, of 22 October, on the disciplinary regime of the Guardia Civil.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.