Ministry of the Presidency, Justice and Relations with the Courts

the Secretary of State for Justice is the highest organ of the Ministry of the Presidency, Justice and Relations with the Courts to which belongs, under the superior authority of the person in charge of the Department, the coordination and collaboration with the Administration of the Autonomous Communities in the service of justice; the ordination, planning, support and cooperation with the Administration of Justice and with the Public Prosecutor’s Office; the international legal cooperation and relations with the international and European Union bodies in the field of competences of the Ministry of the Presidency, Justice and Relations with the Courts; the competences related to the location, recovery, administration and realization of effects,

Without prejudice to the powers of the person in charge of the Department, the person in charge of the Ministry of Justice shall participate in the Ministry’s relations with the governing bodies of the General Council of the Judiciary, the Public Prosecutor’s Office, the competent judicial authorities of the autonomous communities and the General Councils of the Legal Profession, the Procurators of the Courts and the Colleges of Social Graduates of Spain, the Ministry’s relations with the Ombudsman in matters of justice, as well as relations with the General Council of Notaries and the College of Property Registrars of Spain.

Likewise, the State Secretariat of Justice is responsible for promoting and initiating the preparation of draft regulations on matters falling within its competence and those entrusted to it by the head of the Department, without prejudice to the powers of the Under-Secretariat and the General Technical-Secretariat of the Government.

1. The direction, coordination and other competences with respect to the Secretaries of Government and the other members of the Lawyers Corps of the Administration of Justice.

2. The management of the account of deposits and appropriations, in relation to the functions of the Lawyers of Administration of Justice.

3. The centralization and consolidation of the statistical information to be received by the Ministry of the Presidency, Justice and Relations with the Courts through the Secretaries of Government and Lawyers of the Administration of Justice, participation in the elaboration of the National Statistical Plan in judicial matters, as well as the treatment and monitoring of statistics related to the Administration of Justice and support for the National Commission of Judicial Statistics.

4. The development of programs, guidelines and instruments for the digital transformation of the Justice and for the implementation of the Judicial Office, the Administrative Units and the Fiscal Office, as well as the evaluation of its implementation process.

5. The design of the basic structure of the Judicial Office and the Fiscal Office and the definitive approval of the employment relationships of the judicial and fiscal offices throughout the territory of the State.

6. The implementation and evaluation of service quality programs in judicial and fiscal offices.

7. The organization and operation of judicial and fiscal offices in matters falling within the Department ' s competence and the promotion and technical support of the Judicial Office Implementation Commission.

1. The attendance or representation of the person in charge of the Ministry of the Presidency, Justice and Relations with the Courts at meetings of the Boards of Spokespeople of the Chambers, when the Government deems it appropriate to attend them, all in accordance with the provisions of the Regulations of the Congress of Deputies and the Senate.

2. The transmission to the General Courts of the writings and communications that the Government sends to the Chambers, except in the case of international treaties and conventions, draft laws, royal decree-laws and royal legislative decrees, the transmission of which is the responsibility of the Minister of the Presidency, Justice and Relations with the Courts, without prejudice to their electronic communication by the Secretary of State to the Chambers.

3. The study, monitoring and coordination of the parliamentary processing of the Government ' s legislative programme.

4. The coordination of the administrative activity of the relations of the Government with the Cortes Generales and assistance to the Government in the field of parliamentary control and, in general, in its relations with the Chambers.

5. The coordination of matters of constitutional relevance.

6. The realization of studies and reports related to the initiatives of constitutional reform and reform of the Statutes of Autonomy.

7. The monitoring, evaluation and, where appropriate, the formulation of proposals in relation to the program and legislative activity of the Government.

8. Any other function that may derive from the activity of the Cortes Generales in their relations with the Government.

9. The promotion, dissemination and approach of the Constitution to Spanish society, through actions of awareness, communication, training and study.

10. The promotion of human rights through awareness-raising, communication and training activities, as well as the coordination, monitoring and evaluation of the current Human Rights Plan.

1. The regular representation of the Department.

2. Assistance to the incumbent of the Department in the functions of support to the President of the Government.

3. The implementation of the guidelines and instructions issued by the head of the Department for the organization and coordination of the activities of the Council of Ministers, the Government Delegated Commissions and the General Commission of Secretaries of State and Under-Secretaries.

4. Technical support and advice to the Department ' s incumbent in the development and approval of the Department ' s action plans.

5. Direction and coordination of the Department ' s common services and, in particular, economic and budgetary planning and management, as well as human, technological and material resources.

6. The establishment of personnel and service inspection programmes, as well as the implementation of the necessary actions for the improvement of planning, management and organizational systems and for the rationalization and simplification of procedures and working methods, within the framework defined by the Ministry for Digital Transformation and the Civil Service. It is also responsible for coordinating the activities related to the Department ' s public policy evaluations in support of the Institute for the Evaluation of Public Policies, in accordance with the public policy evaluation plan approved by the Council of Ministers.

7. The development and approval of the Department’s Annual Inspection Plan.

8. The elaboration, where appropriate, and processing of draft provisions of a general nature.

9. Legal advice to the Department ' s owner in the performance of the Department ' s functions and, in particular, in the exercise of its normative power and in the production of administrative acts falling within the Department ' s competence, as well as to the other organs of the Department, without prejudice to the competencies of the State ' s Advocate General.

10. The promotion, coordination and supervision of the elaboration and proposal of regulations in the areas of competence of the Department, without prejudice to the initiatives of other superior and executive bodies and with the assistance, where appropriate, of the General Codification Commission, through the General Technical-Secretariat of the Government.

11. The direction and realization of the organizational projects of ministerial scope.

12. Communication with the other Departments and with the agencies and entities related to the Department.

13. The programming, coordination and evaluation of the editorial activity of the General Administration of the State, as well as the execution of the editorial plans of the Department.

14. Authorizations for the use of the flag, shield or other national symbols, in cases where this is provided for by law.

15. The promotion and coordination of the institutional relations of the Department, as well as relations with the jurisdictional bodies, without prejudice to the competencies attributed to other superior and governing bodies.

16. The development of the functions of the Equality Unit of the Department, provided for in article 77 of Organic Law 3/2007, of March 22, for the effective equality of women and men.

17. The management of the Register of orders and decorations.

18. The preparation of draft regulations on matters pertaining to the exercise of the right to freedom of religion and worship, and, where appropriate, the reporting of any draft regulations that may affect the exercise of that right.

19. The promotion, analysis, study, research, technical assistance, monitoring and development of religious and religious freedom, its coordination with the competent bodies of the other departments, collaboration with the institutions and organizations interested in its promotion, as well as the economic-budgetary management of the appropriations allocated for its development.

20. The ordinary relations with religious entities.

21. The preparation of proposals for agreements and cooperation agreements with churches, denominations and religious communities and, where appropriate, their follow-up.

22. The direction and management of the Register of Religious Entities.

23. The study, promotion and defense of the right to religious freedom and worship, as well as the advice to the different public administrations in the implementation of management models adjusted to the constitutional framework that regulates the right to religious freedom in Spain and, in particular, to the constitutional principles of freedom, equality, secularism and cooperation.

24. Relations with international bodies competent in matters of freedom of religion, belief and religion and, more particularly, in the application and development of international conventions or treaties relating to the aforementioned freedoms.

25. The administration, repair and conservation of real estate assigned to headquarters of the Department’s central services, the updating of the inventory of said real estate assets and the patrimonial management related to the processing of the files of affectation, secondment or lease of the properties destined to the Department’s central services and to the peripheral services dependent on the State Attorney General.

26. The programming and management of new and replacement investments; the planning, supervision and management of construction, repair and maintenance projects of the headquarters buildings of the central services of the Department and of the peripheral services dependent on the State Attorney General, as well as of its facilities, furniture and other goods necessary for the implementation of the services.

27. Security in those buildings that are the headquarters of the central services of the Ministry in which it is not the responsibility of the Security Department of the Presidency of the Government, as well as of the peripheral services dependent on the General Law of the State.

28. The preparation of matters relating to the exercise of the right of pardon prior to their referral to the Council of Ministers and the issuance of certificates accrediting the performance of the substitute social benefit.

29. The management of matters relating to titles of nobility and greatness of Spain, the management of requests for succession, assignment, distribution and rehabilitation of nobility distinctions, and the management of authorizations for the use of foreign titles.

30. The direction of the Chancellery of the Order of San Raimundo de Peñafort, the preparation of the proposals and the issuance of the titles of the decorations, as well as the management of the register of distinctions of the Order, as well as the management of the register of distinctions of the Order.

The Office of the Attorney General of the State, with the rank of Undersecretary, is the administrative body that carries out the function of legal assistance, consisting of advice and representation and defense in court, to the General Administration of the State, to its autonomous bodies, to the Constitutional Bodies and, where appropriate and through the appropriate agreements, to the autonomous communities, to the local corporations and to the other entities that make up the institutional public sector, in the terms established in Law 52/1997, of November 27, on Legal Assistance to the State and Public Institutions, in the Regulations of the Attorney General and its Complementary Regulations.

It is responsible for the functions established in Royal Decree 1012/2022, of December 5, which establishes the organizational structure of the State Attorney General's Office, regulates the inspection of services in its field and dictates rules on its personnel.