[Unofficial translation]
DECREE 162/2003, OF 5 SEPTEMBER, OF APPROVAL
OF THE RULES WHICH REGULATE THE REQUIREMENT OF CATALAN LANGUAGE COMMAND
IN THE SELECTION PROCESS FOR CIVIL SERVICE POSITIONS AND FOR THE ASSIGNMENT
OF POSITIONS OFFERED IN THE AREA OF ADMINISTRATION OF THE AUTONOMOUS COMMUNITY
OF THE BALEARIC ISLANDS
I
Section 3 of the Statute of Autonomy (Estatut d’Autonomia)
of the Balearic Islands provides in its paragraph 1 that the Catalan language,
the language proper to the Balearic Islands, has official language status,
alongside Castilian
II
Act 3/1986, of 29 April, on Language Normalisation in the Balearic Islands
(Llei 3/1986, de 29 d’abril, de normalització lingüística
a les Illes Balears), regulates in Title I, particularly in Section
6, the official use of Catalan as the language proper to the Autonomous
Government. Section 9 of such Act provides that the Government of the
Balearic Islands shall regulate, by means of regulatory provisions, the
normal use of the Catalan language, either orally or in writing, in administrative
activities of authorities under its power; and Section 34 establishes,
in paragraph 1, that the Autonomous Government shall guarantee the use
of the Catalan language in all administrative functions and activities
carried out by its ancillary institutions and bodies, and, in paragraph
3, that the conditions of the call for assignment of positions in the
Autonomous Community and in the local authorities shall include an express
reference to the command of the Catalan language.
Decree 100/1990, of 29 November, regulating the use of official languages
at the Administration of the Autonomous Community of the Balearic Islands
(Decret 100/1990, de 29 de novembre, que regula l’ús
de les llengües oficials de l’Administració de la comunitat
autònoma de les Illes Balears), devotes its Title X to the
personnel and it establishes, in Section 26, that all calls for personnel
(civil servants –personal funcionari– or staff members
–personal laboral–) shall include the compulsory
making of a Catalan command test or the submission of a certification
of such command.
Likewise, Section 27 provides that the admission conditions of any call
for assignment of positions in the Administration of the Autonomous Community
of the Balearic Islands shall include the oral and written command of
the Catalan language according to the classification requirements assigned
to such positions.
III
Act 3/2003, of 26 March, on the legal system of the Administration of
the Autonomous Community of the Balearic Islands (Llei 3/2003, de
26 de març, de règim jurídic de l’Administració
de la comunitat autònoma de les Illes Balears), regulates
in Sections 43 and 44 the use of Catalan in administrative actions (actuació
administrativa) and in administrative procedures (procediments administratius),
respectively.
IV
Act 2/1989, of 22 February, on the civil service in the Autonomous Community
of the Balearic Islands (Llei 2/1989, de 22 de febrer, de la funció
pública de la comunitat autònoma de les Illes Balears),
provides, in Section 45, and particularly in paragraph 2, that in selection
tests for positions in the Administration within the territory of the
Balearic Islands, candidates shall have to certify their command of the
language proper to the Autonomous Community in oral and/or written expression,
fully respecting the principle of proportionality as regards the requirement
of a certain level of command, which shall be in any case in line with
the concerned positions or functions.
Section 56 and following sections of Act 2/1989 regulate our autonomous
Administration’s systems of assignment of civil service personnel
positions, which is developed by Decree 33/1994, of 28 March, of approval
of the Rules of position assignment and professional promotion of civil
servants working for the Administration of the Autonomous Community of
the Balearic Islands (Decret 33/1994, de 28 de març, pel qual
s’aprova el Reglament de proveïment de llocs de treball i promoció
professional dels funcionaris al servei de l’Administració
de la comunitat autònoma de les Illes Balears).
Finally, Section 32 of the said Act provides that the list of positions
shall include, among other features, the requirements established to accomplish
them.
V
Decree 25/2001, of 16 February, provided the approval of the Rules on
the requirements of Catalan language command in the selection process
for civil service positions in the Government of the Balearic Islands
(Reglament que regula l’exigència de coneixement de llengua
catalana en els procediments selectius d’accés a la funció
pública del Govern de les Illes Balears). Likewise, Decree
222/1996, of 21 September, established instructions to set the Catalan
command level criteria in relation to the positions in the Administration
of the Autonomous Community of the Balearic Islands.
The experience gathered throughout these years in the functioning of the
Administration of the Autonomous Community of the Balearic Islands has
proved the need to modify the rules that regulate the requirements of
Catalan language command in the selection process for civil service positions
and in the process of position assignment and tenders for transfers.
As regards staff members (personal laboral), a distinction must
be made between the different wage levels (nivells) and the classification
charts of professional categories established in Annex I of the Collective
Agreement for staff members working for the Administration of the Autonomous
Community of the Balearic Islands.
Such distinction has been drawn bearing in mind that not all bodies (cossos)
and scales (escales) in a group (grup), or else the
different categories of staff members, which are required an equal academic
degree level in order to be admitted into the Administration, have the
same characteristics and even less the same generic functions.
VI
As regards the levels of Catalan language command, the ones currently
in force are maintained, which are the following:
- A certificate level, of oral command of Catalan, issued by JAC or IBAP[1].
- B certificate level, of elementary command of Catalan (oral and written),
issued by JAC or IBAP.
- C certificate level, of intermediate command of Catalan (oral and written),
issued by JAC or IBAP.
- D certificate level, of higher command of Catalan (oral and written),
issued by JAC or IBAP.
- E certificate level, of administrative language, issued by JAC or IBAP.
VII
According to what has been exposed, based on the previous favourable reports
made by the Personnel Commission (Comissió de Personal)
of the Autonomous Community of the Balearic Islands, having carried out
and concluded the mandatory negotiation with the most representative trade
unions in the area of the Administration of the Autonomous Community,
in agreement with the Economic and Social Council (Consell Econòmic
i Social), once the deadline foreseen in the regulation of implementation
concerning the deliverance of a resolution by the Advisory Council (Consell
Consultiu) of the Balearic Islands has expired, on a proposal from
the Autonomous Community Minister of the Interior (Conseller d’Interior),
and once the Council of Government (Consell de Govern) has considered
it in the sitting of 5 September 2003,
DECREE
CHAPTER I
Scope of application
Section 1
In all selection processes for admission in
the different bodies and scales of lifelong civil servants (funcionaris
de carrera) working at the General and Special Administration[2],
or else for positions of permanent staff members (personal laboral
fix) working for such Administration, as well as in the position
provision processes summoned in the area of the Administration of the
Autonomous Community of the Balearic Islands, including the only exceptions
provided by the present Decree, candidates shall necessarily certify their
Catalan language command, the language proper to the Balearic Islands,
in oral and/or written expression.
The present Decree shall also apply to calls which, if necessary, aim
at selecting interim civil servants as well as to the selection processes
of fixed-term staff members.
CHAPTER II
COMMAND REQUIREMENTS FOR ADMISSION IN CIVIL SERVICE GROUPS, BODIES AND/OR
SCALES
Section 2
The requirements of Catalan language command for admission in the
different groups, specified by bodies and/or scales, of civil servants
working for the Administration of the Autonomous Community of the Balearic
Islands are the following:
2.1.a) General Administration
Bodies and scales included in the first, second, third, fourth, and fifth
additional provisions of Act 2/1989, of 22 February, on the civil service
in the Autonomous Community of the Balearic Islands.
1. In order to be admitted into the bodies and/or scales in which an academic
degree level that corresponds to groups A, B, C and D is required, candidates
shall have to certify a Catalan language command that corresponds to the
B certificate level, elementary command of Catalan, oral and written,
issued by the Catalan Evaluation Board (Junta Avaluadora de Català)
or by the IBAP.
2. In order to be admitted into the bodies and/or scales in which a degree
level that corresponds to group E is required, candidates shall have to
certify a Catalan language command that corresponds to the A certificate
level, oral command of Catalan, issued by the Catalan Evaluation Board
or by the IBAP.
2.1.b) Special Administration
Bodies and scales included in the seventh, eighth, ninth, tenth, and eleventh
additional provisions of Act 2/1989, of 22 February, on the civil service
in the Autonomous Community of the Balearic Islands.
1. In order to be admitted into the bodies and/or scales in which an academic
degree level that corresponds to groups A, B and C, candidates shall have
to certify a Catalan knowledge command that corresponds to the B certificate
level, elementary command of Catalan, oral and written, issued by the
Catalan Evaluation Board or by the IBAP.
2. In order to be admitted into the bodies and/or scales in which a degree
level that corresponds to groups D and E, candidates shall have to certify
a Catalan language command that corresponds to the A certificate level,
oral knowledge of Catalan, issued by the Catalan Evaluation Board or by
the IBAP.
CHAPTER III
COMMAND REQUIREMENTS FOR ADMISSION IN THE PROFESSIONAL CATEGORIES OF STAFF
MEMBERS
Section 3
In order to be admitted in the staff member professional categories
offered by the Administration of the Autonomous Community of the Balearic
Islands, the following levels of Catalan language command shall be required:
3.1. In order to be admitted in the professional categories included in
levels 1, 2, 3 and 4 of the Collective Agreement for staff members of
the Administration of the Autonomous Community of the Balearic Islands,
in which a higher or intermediate academic degree or higher baccalaureate
(batxillerat) or any equivalent is required, candidates shall have to
certify a Catalan language command that corresponds to the B certificate
level, elementary command of Catalan, oral and written, issued by the
Catalan Evaluation Board or by the IBAP.
3.2. In order to be admitted in the professional categories included in
levels 5, 6, 7 and 8 of the Collective Agreement for staff members of
the Administration of the Autonomous Community of the Balearic Islands,
in which an academic degree that corresponds to the second degree professional
training or baccalaureate, first degree professional training, primary
school degree or primary school attendance degree or any equivalent is
required, candidates shall have to certify a Catalan language command
that corresponds to the A certificate level, oral command of Catalan,
issued by the Catalan Evaluation Board or by the IBAP.
Exception to this is the category that corresponds to level 6: administrative
assistant. In such case, candidates shall have to certify a Catalan language
command that corresponds to the B certificate level.
CHAPTER IV
COMMAND REQUIREMENTS FOR THE ASSIGNMENT OF CIVIL SERVICE POSITIONS
Section 4
In general, the levels shall be the following:
4.1. Positions exclusively included in bodies or scales of the General
Administration:
a) If the position is included in the A, B, C or D academic degree groups,
the requirement for the assignment of such position shall be the certifying
of a Catalan language command that corresponds to the B certificate level,
elementary command of Catalan, oral and written, issued by the Catalan
Evaluation Board or by the IBAP.
b) If the position is included in the E academic degree group, the requirement
for the assignment of such position shall be the certifying of a Catalan
language command that corresponds to the A certificate level, oral command
of Catalan, issued by the Catalan Evaluation Board or by the IBAP.
4.2. Positions exclusively included in bodies or scales of the Special
Administration:
a) If the position is included in the A, B or C academic degree groups,
the requirement for the assignment of such position shall be the certifying
of a Catalan language command that corresponds to the B certificate level,
elementary command of Catalan, oral and written, issued by the Catalan
Evaluation Board or by the IBAP.
If the position is included in the D or E academic degree groups, the
requirement for the assignment of such position shall be the certifying
of a Catalan language command that corresponds to the A certificate level,
oral command of Catalan, issued by the Catalan Evaluation Board or by
the IBAP.
b) The requirement for the assignment of positions included both in bodies
and scales of the General Administration and the Special Administration
and positions included in more than one degree group shall be a Catalan
command certificate that corresponds to the body or scale in which there
is the lowest requirement.
CHAPTER V
COMMAND REQUIREMENT FOR THE ASSIGNMENT OF STAFF MEMBER POSITIONS
Section 5
In order to be admitted in staff member positions offered by the
Administration of the Autonomous Community of the Balearic Islands, the
following levels of Catalan language command shall be required:
5.1. In order to be admitted in positions included in levels 1, 2, 3 and
4 of the Collective Agreement for staff members of the Administration
of the Autonomous Community of the Balearic Islands, in which a higher
or intermediate academic degree or higher baccalaureate or any equivalent
is required, candidates shall have to certify a Catalan language command
that corresponds to the B certificate level, elementary command of Catalan,
oral and written, issued by the Catalan Evaluation Board or by the IBAP.
5.2. In order to be admitted in positions included in levels 5, 6, 7 and
8 of the Collective Agreement for staff members working for the Administration
of the Autonomous Community of the Balearic Islands, in which an academic
degree that corresponds to the second degree professional training or
baccalaureate, first degree professional training, primary school degree
or primary school attendance degree or any equivalent is required, candidates
shall have to certify a Catalan language command that corresponds to the
A certificate level, oral command of Catalan, issued by the Catalan Evaluation
Board or by the IBAP.
Exception to this is the category that corresponds to level 6: administrative
assistant. In such case, candidates shall have to certify a Catalan language
command that corresponds to the B certificate level.
Section 6
The requirement for the assignment of positions included in more than
one professional category shall be a Catalan command certificate that
corresponds to the lowest requirement level.
CHAPTER VI
CATALAN LANGUAGE COMMAND CERTIFICATION AND SPECIFIC TEST
Section 7
7.1. The level of Catalan language command may be certified, in
each personnel selection process and in the position assignment processes,
by submitting before the deadline for submission of applications the corresponding
official certificate or a degree certifying one of the command levels
established in section 20 of Decree 62/1989, of 8 June, in order to acknowledge
the same or a higher command level than the one legally required to get
a position in each one of the groups in which the different bodies and/or
scales of General and Special Administration civil servants are classified
by law or in each of the levels of staff members working for the Administration
of the Autonomous Community of the Balearic Islands.
7.2. Such degrees or certificates shall be the ones issued by the Balearic
Public Administration Institute or the ones issued or approved by the
Catalan Evaluation Board, which certify the mentioned level of command.
Section 8
Candidates who cannot provide a certificate proving the corresponding
Catalan language command level under the abovementioned conditions before
the start of the selection tests or the assignment processes through merit
tender or free assignment systems may do a specific test in order to obtain
a certificate, which shall be graded with a «qualified» or
«not qualified» result.
Section 9
9.1. In all personnel selection processes and in the position assignment
processes through merit tender or free assignment systems a panel may
be appointed for each certificate level required, in order to evaluate,
by means of a specific test, the certification of the Catalan language
command requirement. An exception to this are the selection processes
aiming to fill specific fixed-term staff member positions made through
a tender published in the SOIB[3], or interim
public service positions selected through a tender due to the absence
or clearance of job lists. In such case, the test shall be conducted by
specialist advisors appointed by the IBAP with the consent of the General
Direction of Public Service Positions (Direcció General de Funció
Pública).
9.2. The panel is to be composed of five members, subject to the legal
status provided in Act 30/1992, of 26 November, on the legal system of
the public administrations and the common administrative procedure (Llei
30/1992, de 26 de novembre, de règim jurídic de les administracions
públiques i del procediment administratiu comú).
9.3. The panel’s members shall be appointed in the following manner:
the president, by the Autonomous Community Minister with authority on
civil service positions; a member appointed by the Catalan Evaluation
Board; two members appointed by the Balearic Institute of Public Administration
(Institut Balear d’Administració Pública),
and a member appointed by trade unions with a presence in the General
Board of Negotiation of the Administration of the Balearic Islands (Mesa
General de Negociació de l’Administració de les Illes
Balears). The members are to appoint a secretary among them. At all
events a corresponding substitute secretary shall be appointed.
9.4. For the organisation of the tests, with the consent of the General
Direction of Public Service Positions, the panel shall count on the collaboration
of the Balearic Institute of Public Administration and the Catalan Evaluation
Board, and it may solicit the Autonomous Community Minister with authority
in public service positions to appoint the advisers he/she deems necessary.
9.5. The panel’s members shall receive the same compensation as
the one established for the court members, for having participated and
taken part in the tasks that fall into their area.
9.6. The panel may appoint, with the consent of the General Direction
of Public Service Positions, specialist advisers for the oral and written
grading of the specific Catalan language tests that may be conducted.
These advisors shall have the right to receive compensations as established
by the regulation currently in force.
First Additional Provision
The certifying of higher levels than the ones established as a requirement
in the present Decree shall be considered at any event as a merit in any
type of personnel selection process for the different lifelong General
and Special Administration civil service bodies and scales, or for fixed-term
staff member positions working for such Administration, as well as provision
processes called in the area of the Administration de la Autonomous Community
of the Balearic Islands.
This principle shall also be applied to the calls which, if necessary,
may be conducted for the selection of interim civil servants and in the
selection process fixed-term staff members.
Second Additional Provision
An exception to the present Decree shall be all positions which are not
exclusively included in the Autonomous Administration of the Balearic
Islands.
Third Additional Provision
Specifically, the list of positions and the «specific requirements»
section may include the positions in which, due to the special characteristics
of their function, a higher level of Catalan language command than the
one mentioned in general terms shall be required.
Fourth Additional Provision
The Administration of the Autonomous Community of the Balearic Islands,
through the Balearic Institute of Public Administration, shall promote
the conduct of courses which enable all its employees the obtainment of
all levels of Catalan command.
Fifth Additional Provision
At entry into force of the present regulation and in compliance with its
purposes, the Autonomous Community Ministry of Education and Culture shall
prepare, approve and publish an acknowledgement order of Catalan language
command degrees or certificates issued by the Balearic Institute of Public
Administration.
Derogatory Provision
The following texts shall be expressly derogated: Decree 25/2001, of 16
February, providing the approval of the Rules on the requirements of Catalan
language command in the selection process for civil service positions
in the Government of the Balearic Islands; Decree 222/1996, of 21 December,
providing the establishment of instructions to set the Catalan command
level criteria in relation to the positions in the Administration of the
Autonomous Community of the Balearic Islands (Decret 222/1996, de
21 de desembre, pel qual s’estableixen les instruccions per fixar
els criteris per a la determinació dels nivells de coneixements
de català en relació amb els llocs de treball de l’Administració
de la comunitat autònoma de les Illes Balears); the Resolution
issued by the Autonomous Community Minister of the Interior on 20 December
2001, providing the approval of the modification of the list of positions
that corresponds to the civil servants working for the Administration
of the Government of the Balearic Islands as regards the requirement of
certain levels of Catalan command (Resolució del conseller
d’Interior de 20 de desembre de 2001, per la qual s’aprova
la modificació de la relació de llocs de treball corresponent
al personal funcionari al servei de l’Administració del Govern
de les Illes Balears quant a l’exigència de determinats nivells
de coneixements de català); the Agreement of the Government
Council of the Balearic Islands (Consell de Govern de les Illes Balears)
of 21 December 2001 providing the same as the aforementioned resolution,
as well as all other equal or lower rank provisions which are contrary
to this regulation.
First Final Provision
The Autonomous Community Minister of the Interior with authority in public
service positions shall be hereby empowered to establish the necessary
provisions for the development and enforcement of the present Decree.
Second Final Provision
The present Decree shall enter into force the day after its publication
in the Official Gazette of the Balearic Islands (Butlletí Oficial
de les Illes Balears).
Palma, 5 September 2003
THE PRESIDENT
Jaume Matas Palou
The Autonomous Community Minister of the Interior
José Maria Rodríguez Barberá
|
