Members of the government and senior officials of the General state administration
To whom they apply the rules on incompatibility?
For the purposes of the act 3/2015, of 30 march, regulating the exercise of the high office of the General state administration, are considered high-level positions:
- The members of the government and the secretaries of state.
- The assistant secretaries and assimilated; the secretaries-general; delegates of the government in the autonomous communities, in Ceuta and Melilla; delegates of the government in public law entities; and the heads of permanent diplomatic mission, as well as the heads of permanent representation to international organizations.
- The Technical Secretaries, Directors-General of the General state administration and assimilated.
- The Presidents, the vice-presidents, the directors-general, the executive directors and similar entities, in public sector, administrative, incorporation or corporate, linked or dependants of the General state administration, who have most responsible and whose appointment is made by decision of the council of ministers or by its own organs of government, and in any case, the presidents and directors with the rank of Director-General of the entities and Common Services of Social security; presidents and directors of state agencies, the presidents and directors of the Port Authorities and the president and secretary-General of the economic and Social council.
- The Chairman, vice-chairman and other members of the council of the national commission on the market and competition, the president of the transparency and good governance, the president of the independent authority Fiscal Responsibility, the chairman, vice-president and Members of the national securities market commission, the president the Trustees and the secretary-General of the Nuclear safety, as well as the chairman and members of the governing bodies of any other competition authority or supervision.
- The directors, executive directors, General Secretaries or equivalent of regulatory agencies and supervision.
- The incumbents of any other job in the public sector, whatever their denomination, whose appointment is made by the council of ministers, with the exception of those who are considered as deputy director-general and elsewhere.
There shall be a high office who is appointed by the council of ministers for the temporary exercise of any function or public representation and not to have the time the status of high office.
GOOD GOVERNANCE AND REGULATION OF THE REALIZATION OF THE HIGH OFFICE. RELEVANT ASPECTS OF THE LAW
-LAWtransparency, access to public information and good governance :Law 19/13 of 9 december (BOE 10 december).
-LAWregulation of the exercise of the high office of the General state administration:Law 3/2015, of 30 march (BOE 31 march).
-ROYAL DECREEpor el que se regula el régimen retributivo de los máximos responsables y directivos en el sector público empresarial y otras entidades:Real Decreto 451/2012, de 5 de marzo (BOE de 6 de marzo).
-ROYAL DECREEby approving the regulations which hears the Preliminary title, II and III of act 3/2015, of 30 march, regulating the exercise of the high office of the General state administration:Real Decreto 1208/2018, de 28 de septiembre (BOE de 29 de septiembre).
-ORDERspecifying the date from which effective will be obligated to associate through electronic means with the office of Confictos of interest procedures prescribed by law 3/2015, of 30 march, regulating the exercise of the high office of the General state administration and its rules of procedure of development, adopted by royal Decree No. 1208/2018, of 28 september; and on certain models of statements, communications and electronic documents.Order TFP/2/2020, of 8 january (BOE of 10 january).
- ORDERpor la que se modifica la Orden TFP/2/2020, de 8 de enero. Order TFP/350/2020, of 16 april (BOE of 17 april).
Regime for Senior Officials Working within the General State Administration. Relevant aspects (PDF · 292,93 KB)
Frequently asked questions on conflicts of interest and statements by senior officials (PDF · 432,12 KB)
Models records of statements by Senior Officials
In accordance with the Order TFP/350/2020, of 16 april, the models of declarations and authorizations cumplimentarán identified by electronic means, through the Portal's electronic Branch Works:
https :// sede.funciona.gob.es/public/services/solicitudes-alto-cargo
Report on the degree of fulfilment of obligations laid down by law 3/2015
Tlf. 91 273 33 65 / 91 273 33 54/ 91 273 33 56 / 91 273 33 72
Miembros del Gobierno y Altos Cargos de la Administración General del Estado