Order Tap/1489/2011, May 20, By Which Approve The Regulatory Basis For The Granting Of Subsidies By The National Institute Of Public Administration In The Field Of Training And Research.

Original Language Title: Orden TAP/1489/2011, de 20 de mayo, por la que se aprueban las bases reguladoras para la concesión de subvenciones por el Instituto Nacional de Administración Pública en materia de formación e investigación.

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Among the powers and functions of the National Institute of public administration (INAP) by the Royal Decree 464/2011, from 1 April, which approves the Statute of the INAP, contained in its article 3.j) carrying out studies and multidisciplinary research on the institutions of the State, public administrations and the civil service, with particular attention to matters related to the local administration. This function can be achieved through collaboration with universities, foundations and other public and private institutions that can contribute to the development of knowledge on this subject area.

The development of these functions of study and research requires in many cases carry out actions that fall within the field of subvencional activity regulated in law 38/2003 of 17 November, General grant and its regulation of development, approved by Royal Decree 887/2006, of 21 July.

Article 17 of the General subsidies Act provides, in its paragraph 1, within the scope of the General Administration of the State, as well as government agencies and other entities of public law with its own legal personality linked or dependent on that, the corresponding Ministers will establish the appropriate regulatory bases of the concession, adding that these bases will be approved by ministerial order , in accordance with the procedure laid down in article 24 of the Law 50/1997, of 27 November, the Government, following a report of legal services and the corresponding delegate intervention, and shall be subject to publication in the "Official Gazette".

By virtue, collected the mandatory reports issued by the law of the State and the Executive intervention in the INAP, available: article 1. Object and scope of application.

1. the present order aims to approve the regulatory bases of the concession, in competitive, scholarships and prizes subject to the law 38/2003 of 17 November, General scheme of subsidies, in training and research on public administrations and State institutions.

2 this order shall apply to the following types of grants: to) training grants.

(b) research grants.

(c) doctoral thesis awards.

(d) research awards.

Article 2. Requirements of the beneficiaries.

1 may be beneficiaries of subsidies provided for in this order all people of Spanish or national citizenship of any Member State of the European Union, and any of the Ibero-American countries in the case of a specific activity for the area of American public administration, who are at the end of the deadline for submission of applications under the conditions required by this order to access grant.

2 applicants, to obtain the status of beneficiary, may not incur in any of the causes of disqualification provided for in article 13.2 of the of the law 38/2003, of 17 November, General subsidies and, in particular, must be informed in compliance with its tax obligations and against Social Security.

3. in the case of grants, may not be beneficiaries who have enjoyed before a scholarship called by the INAP. In addition, they may suffer any illness or physical or mental limitation which hinders them for the fulfilment of its obligations as the beneficiary of the grant.

4. in addition to these general requirements, respective calls established those who specifically may be payable to beneficiaries.

Article 3. Calls.

1. the procedure for granting of subsidies will start automatically by tender, which shall be approved by the Director of the INAP and published in the «Official Gazette». Express mention of law 38/2003 of 17 November, General grants, and this order will be in it.

2 call for proposals should include: to) the number of announced grants.

(b) the purpose of subsidies and the duration thereof.

(c) the determination that the award will take place on a competitive basis.

(d) the specific requirements that must be fulfilled by applicants and the way to prove them, to ensure conditions of effective competition.

(e) the deadline for submission of requests and organ that have target, being the provisions of article 23.3 of the law 38/2003 of 17 November, General grant application.

(f) the application of the call model.

(g) documentation that shall accompany the application form.

(h) the criteria for assessing applications and their weighting.

(i) the indication of the competent bodies for the statement and resolution of the procedure.

(j) the budgetary credit to which shall be charged to grants, its total amount and the individual amount of them within the available funds or, failing that, the amount estimated in each.

(k) the term and form of justification by the beneficiary of the fulfillment of the purpose for which the grant was awarded.

(l) the means of notification or publication, in accordance with the provisions of article 59 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, ensuring a proper dissemination and accessibility for stakeholders.

((m) the deadline to resolve the procedure and notified the corresponding resolution, specifying the dismissing nature of the lack of resolution in time, in accordance with article 4, point 4.e) of this order.

(n) the indication that the resolution that you remember or denied the granting of the subsidy puts end to the administrative procedure, as well as resources coming against that and the organ that must be filed.

Article 4. Procedure for granting subsidies.

1. submission of applications. Applications will be submitted electronically via the electronic Headquartes of the INAP, available at the address http://sede.inap.gob.es/, in person through the General Register of the INAP, in Calle Atocha, 106 Madrid, or in any of the records and offices provided for in article 38.4 of law 30/1992, legal regime of public administrations and common administrative procedure as expressly indicated in the call for proposals, together with documentation on the same is determined. The deadline for submission of applications will be which is established in the call for proposals, and may not be less than fifteen days counting from the day following the publication of the respective calls in the «Official Gazette».

In the event that the application or documents submitted do not meet the requirements, shall be required to the applicant so that, within a period of ten working days from the day following that on which notification takes place, remedy the lack or attach mandatory documents, with an indication of that, doing so not so, you shall be withdrawn your request.

2. statement of the procedure. The grants procedure instruction corresponds to the Department of publications, studies and documentation of the INAP, which shall verify compliance with the requirements and will forward the documentation to the valuation Committee or jury appointed for each call.

3. organ of assessment. A valuation Committee or a jury, whose members shall be appointed by the Director of the INAP, will evaluate the merits of applicants and make proposals for resolution in accordance with article 24 of law 38/2003 of 17 November, General subsidies. Evaluation of applications will take place in accordance with the principles of competition, objectivity and non-discrimination. They will be objective criteria for the selection of beneficiaries which are contained in section 5 of this order.

(a) the Commission's assessment, established for the award of grants, shall be composed of a President and four members appointed among the staff of the INAP of the A1 subgroup, one of whom shall act as Secretary, with voice and vote.

(b) the jury, constituted for the award of prizes, will be composed of a Chairman and four members appointed among people with knowledge and experience in relation to public administrations, and a Secretary appointed between officials of the A1 group intended for the INAP, acting with voice but without vote.

(c) in matters not provided for in the regulation, the operation of the Commission of assessment and the jury will be adjusted to the provisions contained in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

4 resolution.

(a) the reasoned proposal will be elevated by the organ instructor to the Director of the INAP, which shall have the jurisdiction to resolve the concession.

(b) the resolution will be issued and posted in the term determined in the call, which may never exceed six months from the publication of the call in the «Official Gazette».

(c) the judgment given by the Director of the INAP will be published in the electronic office and on the Bulletin Board of the INAP (C / Atocha, 106, 28012 Madrid), in the way established in articles 58 and 59 of the law 30/1992, of November 26, of the public administration legal system and common administrative procedure and requirements. You will also be published in the Official Gazette, for the purposes of the provisions of article 18 of law 38/2003, grants General.


(d) in the case of grants, resolution may contain, in addition to beneficiaries, relationship, in order of priority, of the substituents of the holders where waivers, low or reversals occur.

e) in the event that occurs the maximum deadline established in the call without have been dictated and published the corresponding resolution, requests by stakeholders are understood to be ignored by administrative silence, in accordance with the provisions of article 25.5 of the law 38/2003 of 17 November, General subsidies.

5. resources. The resolution of the Director of the INAP, which puts an end to the administrative procedure, may be appealed in reinstatement before the same body that issued it within the period of one month from the day following its publication, or be directly challenged before the administrative disputes court order within the period of two months from the day following its publication , pursuant to article 116 of the law 30/1992, of 26 November.

Article 5. Assessment criteria.

1 in training and research grants: to) the academic record corresponding to the required degree in the call, which will be valued to a maximum of 20 points.

(b) other titles, diplomas or training programs accredited in the matters listed in the announcement, up to a maximum of 20 points.

(c) participation in research projects or the realization of publications in the field of public administration and the experience in similar performance, up to a maximum of 40 points.

(d) other merits, up to a maximum of 20 points.

When so provides it the corresponding call, the selection process will consist of two phases: a first phase in which the criteria listed above with the documentation provided in the request, and a second phase, which will access only the candidates who had obtained the minimum score that is set in the call in the previous phase will be assessed that it will consist of a personal interview in which the interested party will defend the merits of his candidacy in relation to the exposed criteria, and which will be valued is maturity, motivation, initiative, and ability to relate their previous experiences with the aim of the scholarship.

2 awards for doctoral theses: a) interest and the innovative nature of the content in relation to the Organization and functioning of public administration, which will be valued to a maximum of 30 points.

(b) the scientific and technical quality, rigor in the analysis and drawing conclusions, to a maximum of 40 points.

(c) the theoretical relevance or practice of contributions, up to a maximum of 30 points.

3 awards for research: to) the interest, relevance, and innovative nature of the content and its coincidence with the priorities indicated in the call for proposals, which will be valued to a maximum of 30 points.

(b) the scientific and technical quality, internal consistency of design and rigor in the analysis and drawing conclusions, to a maximum of 30 points.

(c) the significance, usefulness and impact of the results obtained in theory or in administrative practice, up to a maximum of 30 points.

(d) the correctness and clarity of the writing, the exhibition and the presentation of the work, up to a maximum of 10 points.

Article 6. Compatibility of subsidies and amounts.

1. the amount of the grant will depend on the mode of activity that will subsidize, and may not exceed the amount of eighteen thousand euros (€18.000,00) annually for scholarships or ten thousand euro (€10,000.00) per award, limit which will be updated annually based on the CPI.

2. the enjoyment of a scholarship shall be incompatible with that of any other assistance or public or private grant of similar characteristics, as well as the perception of unemployment benefits. Your payment will be made monthly by proceeding in any case retention on account of the tax on the income of physical persons. The maximum grant period will be one year, extendable for another year more, according to the conditions established in the corresponding call.

3. the payment of awards will be dealt with after the resolution which is made public the verdict of the jury, proceeding in any case retention on account of the tax on the income of physical persons. Awards may only be granted to unpublished works, therefore being incompatible with any kind of grant article 7. Obligations of the beneficiaries.

1 in accordance with the provisions of article 14 of the law 38/2003 of 17 November, General grants, beneficiaries of grants shall be obliged a: to) carry out the activity of training or research for which was awarded the grant in the terms and conditions specified in the call, under the guidance and assessment of a guardian appointed for that purpose.

(b) evidence compliance with the requirements and conditions governing the award and grant enjoy about the direction the INAP. Also, beneficiaries must meet the objectives of the grant with a level of dedication and performance satisfactory and meet established guidelines.

(c) inform the INAP obtain any other aid or subsidy for the same purpose from any administration, national or international public body or private entities.

d) accredit be informed in compliance with its tax obligations and with Social Security, which may be accredited as provided by article 22 of the Royal Decree 887/2006, of 21 July, which approves the regulation of the law 38/2003, 17 November, General of subsidies, for which the presentation of the request for the subvention will entail the authorization by the applicant so the instructor can get directly such certificates, without prejudice that the applicant denies specifically consent, and must provide in this case concerned certifications.

2. in addition to these general obligations, respective calls established those that specifically may be payable to beneficiaries.

Article 8. Revocation and reinstatement of subsidies.

1. the Director of the INAP may at any time, by a reasoned ruling, revoked the granted subsidy if the bidder failed to comply properly conditions set forth in this order and in the call, or the General rules of operation of the Agency, subject to the provisions of articles 36 and following of law 38/2003 of 17 November, General grant and suspending payment of grant 2. In cases of reimbursement of the amounts received by to attend any of the causes provided for in article 37 of law 38/2003 of 17 November, General grants, shall be the full refund when the beneficiary fails to fulfill completely and utterly the conditions imposed for the granting and the implementation of the grant.

Article 9. Disclaimer the granted subsidy.

In case of waiver of the granted grant the successful tenderer shall submit an application based, addressed to the Director of the INAP, who resolved, establishing, where appropriate, whether the total or partial refund of amounts received or only the cancellation of outstanding tickets, according to the damage caused. Similarly, in the case of scholarships is may award grant by the remaining period the substitute candidate in order of score obtained in the selection process. The award of the grant to the substitute will be prior control of the Executive intervention.

Article 10. Legal regime.

Subsidies granted the INAP will be governed by law 38/2003, 17 November, General subsidies and their provisions of development on the bases covered in the present order, and as a supplementary, by law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Sole transitional provision. Transitional regime of the convocations in force.

Scholarships and awards convened prior to the entry into force of this provision will continue to be governed by the regulatory bases resulting from application.

Sole repeal provision. Repeal legislation.

Are hereby repealed the order APU/3519/2008 of 28 November, by which was approved the regulatory basis for the granting of scholarships for graduates in subjects related to public administrations and the order APU/3947/2008, of 22 December, by which approve the regulatory basis for the award of grants by the National Institute of public administration in subjects , study and research.

Final disposition only. - entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, May 20, 2011.-the third Vice-President of the Government and Minister of Territorial policy and public administration, Manuel Chaves González.