The European Commission will issue a report or a recommendation requesting Spain to forbid that members of a supervisor organism (e.g. Bank of Spain, Stock Market National Commission or the National Competition Commission) can move to a supervised company (big companies, banks…).

Currently, the regulatory rules in these matters in Spain are the next:

–        Regulation 7/2007, 12th April, on the Basic Statute of Civil Servants, in its article 95.2n) states as a very grave fault the breach of incompatibility rules.

–        Regulation on the Disciplinary Regime of Civil Servants of the State, passed by the Royal Decree 33/1986, of 10th January, in its article 7.1k) considers that the incompletion of the terms or other procedural provision in incompatibility matters will be considered grave.

–        Regulation 53/1984, 26th December, on Incompatibilities of Civil Servants.

–        Royal Decree 598/1985, 30th April, on incompatibilities of civil servants, social security and entities, organism and dependent companies.

–        First Additional Provision of the Royal Decree 1777/1994, 5th August, on the adaptation of the regulatory rules of employment management procedures to Regulation 30/1992, 26th November.

–        Resolution of 20th December 2011 from the State’s Secretary,  for the public function which publishes the understanding of the Council of Ministers of 16th December 2011, which approves the procedure for the reduction,  at the request of the interested party, of the specific complement of civil servants which are included in subgroups C1, C2 and E, and which authorises the overcoming, for the service to Public Administrations, to the limit of article 7.1 of Regulation 53/1984, of 26thDecelmber on Incompatibilities of Civil Servants.


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