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texto
Incompatibility and conflict of interest
  • Office for Conflicts of Interest
  • Members of the Government and Senior Officials of the State Administration
  • Incompatibilities of staff in the service of public administrations
  • Senior compliance reports
  • MASTERCLASS: Open Government Guide
  1. Initiation
  2. The Public Service
  3. Incompatibility and conflict of interest

Members of the Government and Senior Officials of the State Administration


To those who apply the rules on incompatibilities?

For the purposes of Law 3/2015 of 30 March, regulating the exercise of the high office of the General Government of the State, high positions are considered:

  1. Members of the Government and Secretaries of State.
  2. The Secretaries-General; the Deputy Secretaries-General; the Government Delegates in the Autonomous Communities, in Ceuta and Melilla; the Government Delegates in Public Law Entities; and the Heads of Permanent Diplomatic Mission, as well as the Heads of Permanent Representation to International Organisations.
  3. The Secretaries-General Technicians, Directors-General of the General Administration of the State and assimilated.
  4. The Presidents, the Vice-Presidents, the Directors-General, the Executive and Assimilated Directors, in entities of the State, Administrative, Foundational or Business public sector, linked or dependent on the General Administration of the State, having the status of Chief Officers and whose appointment is made by decision of the Council of Ministers or by its own Government bodies and, in any case, the Presidents and Directors of the Managing Heads of the Managing Heads of the Managing Heads of the Heads of the Heads of the Heads of the Heads of the Heads of the Heads of the Heads of the Heads of the Heads of the Heads of the Government.
  5. The President, the Vice-President and the other members of the Council of the National Commission on Markets and Competition, the President of the Transparency and Good Government Council, the President of the Independent Authority for Fiscal Responsibility, the President, Vice-President and the Members of the Council of the National Securities Commission, the President of the General Counsel and the Council.
  6. Directors, Executive Directors, Secretaries-General or equivalent of regulatory and supervisory bodies.
  7. Holders of any other job in the state public sector, whatever its name, to be appointed by the Council of Ministers, with the exception of those who are considered to be Sub-Directors-General and assimilated.

Any person appointed by the Council of Ministers for the temporary exercise of any public function or representation shall not be considered to be a senior official and shall not be considered to be a senior official at that time.

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GOOD GOVERNANCE AND REGULATION OF THE EXERCISE OF THE HIGH OFFICE. RELEVANT ASPECTS OF THE

APPLICABLE REGULATIONS

LAW on transparency, access to public information and good governance: Law 19/2013, of 9 December (BOE 10 December).
LAW regulating the exercise of the high office of the General Administration of the State: Law 3/2015, of March 30 (BOE March 31).
ROYAL DECREE regulating the remuneration regime for the top managers and directors in the public business sector and other entities: Real Decreto 451/2012, de 5 de marzo (BOE de 6 de marzo)
ORDER determining the date from which the obligation to interact through electronic means with the Office of Conficts of Interests will be effective in the procedures provided for in Law 3/2015, of 30 March, regulating the exercise of the high office of the General Administration of the State and its Development Regulation, approved by Royal Decree 1208/2018, of 28 September; and by which the models of declarations, communications and electronic documents are approved. Order TFP/2/2020, of 8 January (BOE of 10 January)
ORDER amending Order TFP/2/2020, of 8 January. Order TFP/350/2020, of 16 April (BOE of 17 April).
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PUBLICATIONS

Guide Relevant Aspects of the Senior Positions Regime (332 KB)
Regime for Senior Officials Working within the General State Administration. Relevant aspects (292 KB)
FAQs about conflicts of interest and senior statements (433 KB)

Official Models of Statements of Senior Officials

In accordance with the provisions of Order TFP/350/2020 of 16 April, the models of declarations and authorizations indicated will be completed by electronic means, through the Electronic Sub-headquarters of the Works Portal:

https://sede.funciona.gob.es/public/servicios/solicitudes-alto-cargo

Model application certificate activities

Certificate request (23 KB)
Declarations of property
Report on the degree of compliance with the obligations established by Law 3/2015

Contact

e-mail: altos.cargos@correo.gob.es

Tlf. 91 273 33 65 / 91 273 33 54/ 91 273 33 56 / 91 273 33 72

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