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), it is not appropriate to compute the services provided by the interested party as an official of a Corps for the purpose of consolidating the initial personal degree corresponding to another Corps that has subsequently been accessed.
Possibility that the time spent in a Body computes to consolidate the personal degree of a new Body that is subsequently accessed
The consultation deals with the possibility that the time spent in a Body computes to consolidate the personal degree of a new Body that has subsequently been accessed. Specifically, it is considered whether it is possible to take into account, in order to consolidate the initial grade 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 particular Body or Scale, since it is the manifestation of the development of the professional career in that Body or Scale, so it is evident that the right to retain the degree consolidated 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 assumption 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 retention 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.
Accordingly, the personal degree is an element of the administrative career of the official in a Corps or Scale and, except in the cases provided for by law (internal promotion and integration), the personal degree may not be transferred from one Corps to another. It cannot be understood, therefore, that personal status is inextricably linked to the status of public official regardless of the Corps of Membership.
In view of the above, it is concluded that it is not appropriate to count 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 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.