Possibility that the time spent in a Corps computes to consolidate the personal degree of a new Corps that is subsequently accessed

The consultation is about the possibility that the time spent in a Corps computes to consolidate the personal degree of a new Corps that has subsequently been accessed. Specifically, it is considered whether it is possible to take into account, in order to consolidate the initial degree of an official of Subgroup A1 of a Corps of the General Administration of the State, the services that he has recognized as an official of an autonomous community, also of Subgroup A1.

The personal degree is consolidated according to the membership of a certain Body or Scale, being the manifestation of the development of the professional career in that, so it is evident that the right to preserve the consolidated degree in another Body or Scale, or to use the time of services provided in them to acquire a degree in the Body or Scale to which they are accessed, constitute exceptions to the general rule that must be applied in the strict terms established by law.

From this general rule, only the system established for the case of internal promotion and integration to another Body or Scale is excluded, since article 22.1 of Law 30/1984, of 2 August, on Measures for the Reform of the Public Service, provides for the preservation of the consolidated personal degree by officials who access a Body or Scale by internal promotion, or by officials who access by integration to other Bodies or Scales, in accordance with the provisions of the same law. These are two assessed assumptions and represent an exception to the general rule, which is the linking of the personal degree to the Body or Scale in which it is consolidated.

Consequently, the personal degree is an element of the administrative career of the official in a Corps or Scale and, except in the cases provided by law (internal promotion and integration), the personal degree may not be transferred from one Corps to another. It cannot be understood, therefore, that the personal degree is inextricably linked to the status of public official regardless of the Corps of Belonging.

On the basis of the foregoing, it is concluded that it is not appropriate to compute the services provided by the interested party as an official of a Corps of an Autonomous Community for the purpose of consolidating the initial personal degree corresponding to a Corps of the General Administration of the State to which he has subsequently acceded.

All of the foregoing is without prejudice to recalling that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.