System of expenditure control in relation to official trips of Senior Officials

At its meeting of 19rd January 2023, the Permanent Committee approved the Rules on Reimbursement for Travel Expenses and Expenses of a Formal or Representative Nature charged to the budget of the General Council of the Judiciary, and which have their origin in the regulations of the Update of the Control of Management and Transparency Regime of the General Council of the Judiciary passed by agreement at the Plenary Session of 28 June 2012.

In the Permanent Committee it was agreed to delegate to the Economic Affairs Committee the competencies in matters of authorisation of secondments or trips within national territory, except for attending Plenary Sessions, legal committees, formally constituted working groups, forums and observatories where the Council is represented, official acts organised by the Council or with official presence of the Council and the assumption of office of Supreme Court magistrates and presidents of higher courts of justice, in accordance with the stipulations of Article 13(1) of Law 30/1992, of 26 November, on Legal Arrangements of the Public Administrations and of the Common Administrative Procedure.

The regulations approved by the Permanent Committee govern the system of expenditure control, for Senior Officials, in the following terms:

1.1 Arrangements for official trips

1.1.1 Authorisations

For the undertaking of official trips, the President, Members, whatever Committee they belong to, and General Secretary (Senior Officials), will be subject to the following authorisation regime:

a) Attending Plenary Sessions, the Disciplinary Committee, the Economic Affairs Committee, the Equality Committee and the Permanent Committee for purposes of Classification.
The authorisation of the secondment or trip is understood to be granted with the convening of the corresponding meetings.
b) Formally constituted working groups, forums and observatories where the Council is represented, official acts organised by the Council or with official presence of the Council.
The authorisation of the secondment or trip is understood to be granted with the convening of the corresponding meetings.
c) Attending the assumption of office of Supreme Court magistrates and Presidents of Higher Courts of Justice.
The authorisation of the secondment or trip is understood to be granted with the announcement of the assumption of office.
d) Other activities within national territory.
The authorisation of the secondment or trip must be granted by the Economic Affairs Committee, except where for reasons of urgency the authorisation is not possible in time. In this case it will be authorised by the President of the Economic Affairs Committee.
In the event of trips by the President of the Economic Affairs Committee, authorisations for reasons of urgency will be the responsibility of the President of the Council.
Requests for authorisation for senior officials’ secondment or travel within Spain should be made in advance through the Finance Committee by sending an e-mail to cae@cgpj.es.
The President of the Economic Affairs Committee, or where appropriate the President of the Council, will inform said Committee of the authorisations issued as a matter of urgency.
e) Activities outside national territory.
The Permanent Committee will approve, for economic purposes, the authorisation of the secondment or trip where these involve journeys outside national territory.

1.1.2 Communications

Travel to attend formally constituted working groups, forums and observatories in which the Council is represented, official events organised by the Council or with the official presence of the Council (1.1.1.b) and the inauguration of Supreme Court Justices and Presidents of High Courts of Justice (1.1.1.c) shall be notified through the Finance Committee, by sending an e-mail to cae@cgpj.es, before departure, for the sole purpose of including the information on the Finance Committee’s agenda and publishing it on the Transparency Portal (form 8). 

1.1.3 Transparency of the authorisations and communications

The Senior Officials of the Council must include, in their applications for authorisation and in their communications, the place, date and purpose of their official trips.
The authorisations and communications will appear in the Council's transparency portal, via the publication of the agenda and the minutes of the Economic Affairs Committee and the Permanent Committee, and also via the quarterly publication of the list of trips made by Senior Officials of the Council.
The authorisations and communications will be necessary for processing the settlement for the trip.

 1.2 Justification of travel expenditure

When Council Senior Officials undertake, within national territory, any of the functions that, in accordance with Royal Decree 462/2002 of 24 May on compensation for reasons of services rendered, are subject to compensation, they will be reimbursed in accordance with the general expenses regime, with the limitations and restrictions indicated below.

In these cases the expenses and maintenance corresponding to Group 1 will apply

Group

Accommodation

Maintenance

Total

Senior Positions

120,00

53.34

173,34

To complete the corresponding form, when involving trips within national territory, the authorisation or communication of the trip (section 1.1.3 of the regulations). the specific activity of the official trip related to the position and functions will be recorded in the settlement of expenditure, together with the destination, itinerary, and dates and times of outgoing and return trips.
Travel days, save legitimate cause, will comprise those where the activity was undertaken plus the previous and subsequent day, where necessary, for the effects of travel or where the activity requires this.
To the same extent, where it involves a foreign trip, prior authorisation for the secondment or the journey from the Permanent Committee will be required, which will state the conditions of the trip and corresponding budget, and the destination, itinerary, and dates and times of outgoing and return trips must equally be reflected in the settlement of expenditure, corresponding with those authorised by the Permanent Committee, save for justified emergency or unforeseen circumstances, which must be evaluated by the Committee.

1.3 Family residence

Family residence in a municipal district distinct from the destination: To guarantee the equality of all Members independently of their residence and given the temporary nature of the position, in application of Royal Decree 462/2000, of 24 May, Senior Officials must have the right to reimbursement for travel expenses generated as a consequence of maintaining the family residence in a municipality distinct from the destination. These trips will be limited to one outgoing and one return trip per week and public holidays and holiday periods, save a duly justified exceptional circumstance. In the corresponding settlement of expenditure the motive for these trips will be recorded as travel to Family Residence.

1.4 Travel class

Air travel for the Council’s senior officers shall be at the most economical fare suitable for the activity in question. Air travel may only be used for journeys of more than three hours’ duration. When no tickets are available in that category, the travel provider shall justify when settling payment for the travel.

High-speed train (AVE) journeys will be made at the Tourist fare. However, a class higher than Tourist may be used when there are no tickets available in Tourist. In such cases, the travel provider shall submit evidence when settling the travel expenses. Activities shall be planned sufficiently in advance, always using the most economical fares.

1.5 Trips attended by Council personnel

The need for Senior Officials to make trips charged to the Council budget, assisted by personnel at the service of the Council, must be expressly justified in the documentation of the administrative file with explicit reference to the specific activities to be undertaken by said personnel. In such cases, Senior Officials must travel assisted by necessary Council personnel and only where it is strictly necessary for the personnel to travel in order to undertake the specific activity that is the reason for the journey.

1.6 Ceremonial or representative expenditure relating to Senior Officials

Expenditure produced as a consequence of the ceremonial and representative acts that Senior Council Officials are required to undertake when performing their functions, both in national and foreign territory, where this expenditure is of benefit or use to the Judicial Administration and where specific credits do not exist under other items.
Senior Council Officials must describe the object of the expenditure that is justified and a reference to the position or profession of the individual or individuals that produce it (member or senior official from government, parliament, legal authority, local authority, constitutional body or similar). This has the purpose of determining that the expenditure was effectively carried out for ceremonial or representative purposes and that it is adjusted to the activities of this Body.
When ceremonial or representative expenditure takes place during one of the trips referred to in the previous section, it will be settled together with expenditure related to travel, accommodation and maintenance that, where relevant, has been incurred.

1.7 Advance payments

Whenever Senior Officials of the Council make official trips on the Council's behalf, or have to spend money for "reasons of protocol or representation" they may request an advance payment from the Council Management for the approximate amount of accommodation, sustenance and travel expenses to which they may be entitled, by meeting the following requirements:

- Present model II (Advance Payment Official Trip) in writing, at least 24 hours in advance of its availability, if the trip is within national territory or, if the trip is abroad, if the currency requested is the euro.
- Present model III if the trip is abroad and the advance payment is requested in another currency. If the currency requested is the dollar, the request for advance payment must be presented at least 24 hours in advance of its availability. In the event that a currency other than the dollar is requested, the request must be made at least 48 hours in advance, also using model III.
- Settlement of expenses incurred, once the trip is completed or the ceremonial or representative expenditure effected, for whichever the advance payment was requested, within a maximum period of ten business days to be counted from completion of the trip.

The amount paid in advance will be deducted from the total sum to be paid to the interested party, which results from the settlement of expenditure.
If it is necessary to pay back money from the advance payment, this may be done in cash, in a cheque payable to the Council, or by a bank transfer to the Council's account. No further advance payments may be requested until, where applicable, the balance resulting from the settlement of expenditure is repaid. 

1.8 Settlement of expenditure

In the case of official travel with entitlement to allowances, the corresponding expenses claim must be submitted within the first ten days of the month following the month in which the expenditure was incurred together with the monthly summary of claims (Form 4.3 and, if applicable, Form 4.4).

One form shall be completed for each trip (Form 1.1). It must detail the travel, accommodation and subsistence expenses incurred. It must be submitted together with all the supporting documents for the expenses scanned (invoices, tickets, boarding passes, tickets, and other documentation) as a single PDF and signed electronically. The travel provider’s invoices must also be attached to this PDF file. Both form 4.3 and all the signed PDF files for each expense claim must be sent to Gerencia.dietas.vocalias@cgpj.es.

If expenses for representation entertaining have been incurred during travel, forms 1.1 and 4.1 are settled together.

When only expenses for protocol or representative entertaining are settled, form 4.1 must be filled in. It must be made into a single PDF file together with the scanned invoices. The file must be signed electronically and sent to Administration at the e-mail address Gerencia.dietas.vocalias@cgpj.es.

The scanned invoices for the expense must comply with the requirements established by current regulations.

All original invoices, tickets, boarding passes, tickets and other documentation justifying the expense must be retained for four years and made available to the Council if necessary for verification.

When changes to planned activities as a result of unforeseen circumstances have given rise to expenses for fees for ticketing changes or cancellations, these must also be shown on the expenses claim form (Form 1.1, Observations section), and must always be submitted, even if there are no personal expenses.

1.8.1 Transport

When a trip is made on the Council's behalf, model I must be completed, where the day and the time of departure and arrival, itinerary, destination and reason for the trip must all be recorded.

For expenses for using carriers’ VIP lounge services or other transport costs (such as government fleet car service, car hire company with driver), a scanned copy of the invoice must be submitted. If any invoice for VIP lounges or fleet car use is missing from the travel expenses claim, this shall be stated on the monthly summary sheet, clearly stating which supporting document is not provided because it is unavailable.

Scanned tickets or boarding passes, and the invoice must be submitted, even if the person concerned has not paid for it because the Council’s travel provider has arranged the travel.
In the event of loss or misplacement of a ticket or boarding card, the Senior Official must sign a statement of responsibility where this circumstance is recorded.
Taxi and parking expenses will also be paid, and other expenses referred to in Royal Decree 462/2002 strictly related to the official trip and always justified with original invoices or receipts.
The receipts, electronic tickets and other documents proving expenditure must meet the requirements outlined in the current legislation.

1.8.2 Expenses for accommodation, maintenance and other expenses

Accommodation

Payment will be made of the total amount of the accommodation and other expenses referred to by Royal Decree 462/2000 strictly related to the official trip and always justified with original invoices or receipts in the name of the interested party, up to the daily maximum limit, in national territory, for the amount established in section 1.2 of these regulations. Where the journey is outside national territory the amount agreed by the Permanent Committee will be paid on authorisation of the trip.  In any event, accommodation will be limited to the days during which the activity is undertaken, plus the previous and subsequent days should these be necessary for the effects of the journey or the undertaking of the activity.

In exceptional cases, when the accommodation expense is greater and subject to request and justification by the senior officer concerned, the General Secretary may authorise a greater amount than that approved.

Maintenance

Payment will be made of maintenance expenses, in accordance with that set out for group 1 by Royal Decree 462/2000, currently set at 53.34 Euros per complete day (Annex II of Royal Decree 462/2002), settled in accordance with the criteria outlined in article 12 of the aforementioned Royal Decree.

In the case of entertaining others in an official capacity (lunch or dinner), this must be stated on form 1.1 in the Remarks section and on the monthly summary.

Below is a presentation of the list of trips undertaken by Senior Council Officials according to their purpose. The list of trips, which will be updated on a quarterly basis, distinguishes those relating to the Plenary and Committees from those that have a different purpose:

Trips made during the year 2014

Trips made during the year 2015

Trips made during the year 2016

Trips made during the year 2017

Trips made during the year 2018

Trips made during the year 2019

Trips made during the year 2020

Trips made during the year 2021

Trips made during the year 2022

Trips made during the year 2023 (3T)