The question raised concerns the duration of the permit to participate in final examinations and other definitive tests of aptitude contained in article 48(d) of Royal Legislative Decree 5/2015, of 30 October, which approves the revised text of the Law on the Basic Status of Public Employees (TREBEP).

First of all, the legal framework for implementation must be analysed. Thus, Article 48(d) of the TREBEP provides in relation to public officials that they shall be granted permission "to take final examinations and other final aptitude tests, during the days of their celebration".

In very similar terms, Article 30.1.d) of Act 30/1984 of 2 August on Measures for the Reform of the Civil Service is stated.

This legal provision is developed in the Resolution of February 28, 2019, of the Secretary of State for Public Service, which dictates instructions on working hours and hours of the staff in the service of the General Administration of the State and its public bodies, which is provided in section 10.2.a), which will be granted “Paid leave, for the indispensable and sufficient time, to attend final examinations and other definitive tests of aptitude for obtaining an academic or professional qualification recognized during the days of its celebration”.

In view of the above, the question raised focuses on the duration of this permit. In this regard, the criteria for interpreting this permit have been laid down as a legal doctrine by the Judgment of 28 June 1996 of the Third Chamber of the Supreme Court, handed down in the appeal in the interest of Act No. 6059/94, which, in summary, are as follows:

(a) In the event that the examinations and other final tests of aptitude and evaluation in Official Centres must take place at the same place of duty of the official and within his working day, the permit must be granted for the time necessary to attend the examination, it being understood that the expression "indispensable time" does not necessarily imply the granting of the permit during the whole day of the performance of the examinations, it being possible to assume that such permission is granted only for certain hours of the working day, provided that those granted allow them to attend the test and return in time to the unit where the service is provided.

(b) In the event that the examination and other evidence referred to in the precept are to be held in the same locality of destination, outside the official ' s working day and the latter is not affected by the circumstances of the examination, no permit shall be granted.

Therefore, if the examination takes place in the same locality, the time necessary to attend the examination must be granted, it being understood that the expression "indispensable time" does not necessarily imply the granting of permission during the whole day of the celebration of the tests.

Having said that, however, it must be taken into account that the permit must be granted for the minimum time but also sufficient for the norm to meet its objective of making possible the concurrence to examinations and definitive tests of aptitude, therefore, the different extremes involved in the performance of a test or examination must be evaluated, taking into account, in any case, that the legislator intends to ensure that the official can perform this type of tests without any kind of curtain or element that may disturb the performance of the same. Therefore, it must be evaluated, in those cases in which the permit does not proceed during the whole day of the test or tests, that the protected norm is granted.

The particular circumstances concurrent in each case must be appropriately weighted by the competent body so that the granting or refusal of the permit conforms to this general criterion.

On the other hand, in accordance with the provisions of the Instructions on working hours and schedules, by “Final examinations and other final aptitude tests“Those aimed at obtaining a recognized academic or official degree are understood.

However, it should be noted that Article 18.4 of the EBEP states that “The Public Administrations will adopt measures that encourage the participation of their staff in the selective processes of internal promotion and for the progression in the professional career”.

Among these measures would be, in the opinion of this management center, the authorization to carry out internal promotion examinations, for the duration of the same, without the need to request a day of own affairs.

All of the above is without prejudice to remember 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, do not have the character of a binding criterion, nor do they give rise to rights or expectations of law, nor do they imply any link with the type of procedures to which they refer. In addition, since they are not mandatory or binding, the bodies to which such replies are addressed may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The answers to queries contained in this bulletin deal with the issues raised in the light of the regulations in force at the time of their issuance, so that these answers may be affected by subsequent legislative changes or judicial resolutions.