The Government approves the draft Civil Service Law and advances in the new legal framework to transform the Administration

16/07/2024

● The text addresses the processes of access to public employment, professional careers, continuous learning and professional ethics. ● The draft prepared by the Ministry for Digital Transformation and Public Service is inspired by the principles of gender equality and social dialogue. ● With the approval of this draft law and of RDL 6/2023 progress is made in the new model of strategic planning of Human Resources.

Madrid, July 16, 2024.- The Council of Ministers approved, on the proposal of the Ministry for Digital Transformation and Public Service, the draft Public Service Law of the General State Administration, a text on which the transformation of the Administration is built, focusing on human capital and the internal processes and procedures responsible for its management, and recovering all those elements of the law that declined in their parliamentary procedure as a result of the electoral calls.

This draft develops the provisions of the consolidated text of the Basic Statute of the Public Employee (EBEP), as far as the State Administration is concerned, and allows, together with the approval of RDL 6/2023, to design a transforming legal framework in phases that can, on the one hand, develop the full innovative potential of the consolidated text of the EBEP Law and, on the other hand, end with an obsolete and fragmentary legal framework.

The main novelties of the draft law that is being approved today are based on four axes: Structure and access to state public employment; career, professional promotion, remuneration and provision of services; learning, continuous training and permanent updating and, finally, professional ethics and integrity.

With respect to the first, it delimits the functions of both civil and labour personnel, authorizes the Government to systematize bodies and scales and regulates the requirements of access and loss of public employee status. Secondly, it completes the regulation of horizontal and vertical running, orders remuneration and creates new complements and regulates the teleworking regime.

In terms of training and lifelong learning, training paths and management by competence frameworks are fundamental elements of the public employment regime. And finally, it regulates the rights and duties of public employees, as well as their disciplinary regime.

The draft law is inspired by the principles of gender equality, guarantee of social dialogue (this APL is the result of agreement with trade union organizations), management by competencies and promotion of internal talent.

With the approval of this draft law and of the previous RDL 6/2023, a model of the State Administration is ordered and defined that rests on four pillars the basis for the transformation of the public service:

  • Strategic planning: moving forward in a Human Resources forecasting model that gives greater autonomy to the different managers, taking into account medium-term budgetary exercises, with technological tools and with management by functional areas.
  • Access to public employment and selection: progress in the acceleration and equality in selection, in the presence of the Administration in the territory and in the plans of recruitment and retention of talent.
  • Professional career: Lifelong learning and performance evaluation. Horizontal race, with a progression by stages in the same position and vertical race, based on the ascent to a higher level.
  • Professional public management to strengthen the professionalization and leadership of those who are called to be the promoters of the transformation processes.

From now on, the parliamentary processing of the bill will be carried out, coordinated with the bill that derives from RDL 6/2023, as well as the regulatory developments and statute of the professional public administration. All this, together with the conclusions of the framework document Consensus for an Open Administration, will promote the new legal framework for the transformation of the Human Resources model of the General Administration of the State.