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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 assigned to the National Institute of Public Administration (INAP) by Royal Decree 464/2011 of April 1, by which the Statute of the INAP is approved, is included in its article 3.j. Studies and multidisciplinary research on the institutions of the State, Public Administrations and the Public Service, with special attention to matters related to local administration. This function may be performed through collaboration with universities, foundations and other public and private institutions that can contribute to the development of knowledge about this thematic field.

The development of these study and research functions requires in many cases to perform actions that fall within the field of the subvencional activity regulated in Law 38/2003, of 17 November, General of Grants and in its Implementing Regulation, approved by Royal Decree 887/2006, of 21 July.

Article 17 of the General Law on Subsidies establishes, in paragraph 1, that in the field of the General Administration of the State, as well as of public bodies and other entities governed by public law with personality The Council of Ministers of the European Union shall, in accordance with the procedure laid down in Article 1 (1) of the Treaty on European Union, adopt the necessary measures to ensure that the conditions laid down in Article 1 (1) of the Treaty are met. Article 24 of Law 50/1997 of 27 November of the Government, after the report of the legal services and the corresponding Delegated Intervention, and will be published in the "Official State Gazette".

In its virtue, obtained the mandatory reports issued by the State Advocate and the Intervention Delegate in the INAP, I have:

Article 1. Object and scope of application.

1. The purpose of this Order is to approve the regulatory basis for the granting of scholarships and awards under the competitive competition law 38/2003 of 17 November, General of Grants, in the field of training and research. on Public Administrations and State institutions.

2. This Order shall apply to the following forms of grants:

a) Training grants.

b) Research grants.

c) Awards for doctoral theses.

d) Research awards.

Article 2. Payee requirements.

1. All persons of Spanish or national nationality of a Member State of the European Union, and of any of the Latin American countries in the case of a Member State, may be beneficiaries of the grants provided for in this Order. specific activity for the area of Ibero-American Public Administration, which are located at the end of the deadline for the submission of applications under the conditions required by this Order to access the grant.

2. Applicants, in order to obtain the status of beneficiary, may not incur any of the causes of disablement provided for in Article 13.2 of the Law 38/2003 of 17 November, General of Grants and in particular they must be to the current in the fulfillment of its tax obligations and in the face of Social Security.

3. In the case of grants, it may not be beneficiaries who have previously enjoyed a grant called by INAP. In addition, they may not suffer from any disease or physical or mental limitation which makes them impossible for them to fulfil their obligations as a beneficiary of the grant.

4. In addition to these general requirements, the respective calls will provide for those specifically eligible for beneficiaries.

Article 3. Calls.

1. The procedure for granting grants shall be initiated on its own initiative by public notice, which shall be approved by the Director of INAP and published in the "Official Gazette of the State". It shall be expressly mentioned in Law 38/2003 of 17 November, General of Grants, and of this Order.

2. The call must include:

a) The number of grants called.

b) The purpose of the grants and the duration of the grants.

c) The determination that the award will be carried out under competitive competition.

d) The specific requirements to be met by applicants and how they can be accredited, to ensure effective concurrency conditions.

e) The time limit for the submission of applications and the body to which they are to be sent, the provisions of Article 23.3 of Law 38/2003 of 17 November, General of Grants being applied.

f) The call request model.

g) The documentation to accompany the application form.

h) The criteria for evaluating the requests and their weighting.

i) The indication of the competent bodies for the instruction and resolution of the procedure.

(j) The budgetary credit to which the grants shall be charged, their total amount and the individual amount of the grants within the available appropriations or, failing that, the estimated amount of each grant.

k) The time limit and form of justification by the beneficiary of the fulfilment of the purpose for which the grant was granted.

(l) The means of notification or publication, in accordance with the provisions of Article 59 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, which ensure adequate dissemination and accessibility for stakeholders.

m) The maximum time limit for resolving the procedure and the notification of the corresponding resolution, specifying the unestimatory nature of the non-resolution in time, in accordance with Article 4, point 4.e) of this Order.

n) The indication that the decision to grant or refuse the grant of the grant ends the administrative route, as well as the resources against it and the body to which they are to be brought.

Article 4. Procedure for the award of grants.

1. Submission of applications. The applications will be submitted electronically through the INAP Electronic Headquarters, available at http://sede.inap.gob.es/, in person in person through the INAP General Register, located on Calle Atocha, 106 in Madrid, or in any of the registers and offices provided for in Article 38.4 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the form expressly stated in the notice, together with the documentation to be determined in the same way. The time limit for the submission of applications shall be that laid down in the call, and shall not be less than 15 days from the day following the publication of the respective calls in the Official Gazette of the State.

Where the application or documents submitted do not meet the required requirements, the person concerned shall be required to do so within 10 working days of the day following the day on which the application or the documents submitted notification, remedy the lack or accompany the required documents, indicating that, if they do not do so, they shall be given the withdrawal of their request.

2. Instruction of the procedure. The instruction in the grant procedure is for the INAP's Department of Publications, Studies and Documentation, which will verify compliance with the requirements and will forward the documentation to the Commission on to the designated Jury for each call.

3. Assessment body. A valuation commission or a jury, whose members shall be appointed by the Director of INAP, shall assess the merits of the applicants and make the motions for resolutions pursuant to Article 24 of Law 38/2003 of 17 November. General of Grants. The assessment of applications shall be carried out in accordance with the principles of concurrency, objectivity and non-discrimination. Objective criteria for the selection of beneficiaries shall be those set out in Article 5 of this Order.

(a) The assessment committee, which is constituted for the award of grants, shall be composed of a chairman and four vowels appointed among the staff of the INAP of Subgroup A1, one of whom shall act as secretary, with voice and vote.

b) The Jury, constituted for the award of prizes, shall be composed of a president and four vowels, appointed among persons with knowledge and experience in relation to the Public Administrations, and a secretary designated among the officials of group A1 for INAP, who shall act in a voice but without a vote.

c) As not provided for in the standard, the operation of the valuation commission and the jury shall be in accordance with the provisions of Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure.

4. Resolution.

(a) The reasoned proposal shall be raised by the instructor to the INAP Director, who shall be competent to resolve the award.

(b) The decision shall be rendered and published within the time limit specified in the notice, which may never exceed six months from the publication of the notice in the "Official Gazette of the State".

(c) The decision given by the Director of INAP shall be published in the electronic headquarters and in the notice board of the INAP (C/ Atocha, 106, 28012 Madrid), with the requirements and in the form set out in Articles 58 and 59 of the Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure. It shall also be published in the Official Gazette of the State, for the purposes of Article 18 of Law 38/2003, General of Grants.

(d) In the case of scholarships, the resolution may contain, in addition to the beneficiaries, the relationship, by order of precedence, of the substitutes for the holders in the event of resignations, casualties or revocations.

e) In the event of the expiry of the maximum period laid down in the call without having been issued and published the relevant decision, the requests made by the interested parties shall be deemed to be rejected. by administrative silence, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November, General of Grants.

5. Resources. The Resolution of the Director of the INAP, which ends the administrative route, may be appealed to the same body which issued it within a period of one month from the day following its publication, or be directly challenged in the order of the order. the administrative dispute within two months of the day following its publication, in accordance with the provisions of Article 116 of Law No 30/1992 of 26 November 1992.

Article 5. Assessment criteria.

1. In training and research grants:

(a) The academic file corresponding to the university degree required in the call, which will be valued up to a maximum of 20 points.

(b) Other diplomas, diplomas or training programmes accredited in the subjects indicated in the call for a maximum of 20 points.

c) Participation in research projects or the carrying out of publications in the field of Public Administration and the experience of similar performances, up to a maximum of 40 points.

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

When provided for in the relevant call, the selection process may consist of two phases: a first phase in which the criteria set out above with the documentation provided in the application will be assessed and, a second stage, to which only the candidates who would have obtained the minimum score to be set on the call, which will consist of a personal interview in which the person concerned will defend the merits of his/her own, will be accessed at the previous stage. application in relation to the criteria set out above, and in which maturity is assessed, motivation, initiative and ability to relate their previous experiences to the subject of the grant.

2. At the awards for doctoral theses:

(a) The interest and innovative character of the content in relation to the organisation and functioning of the Public Administrations, which will be valued up to a maximum of 30 points.

b) The scientific-technical quality, the rigor in the analysis and in the elaboration of conclusions, up to a maximum of 40 points.

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

3. At the awards for research papers:

(a) The interest, relevance and innovative character of the content and their coincidence with the priority themes indicated in the call, which will be valued up to a maximum of 30 points.

b) Scientific-technical quality, internal consistency of design and rigour in the analysis and in the elaboration of conclusions, up to a maximum of 30 points.

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

d) The correction and clarity of the written expression, the exposure and the presentation of the work, up to a maximum of 10 points.

Article 6. Amount and compatibility of the grants.

1. The amount of the grants will be based on the form of activity that is subsidised, not being able to exceed the amount of eighteen thousand euros (18,000.00 €) per year for the scholarships and ten thousand euros (10,000.00 €) per prize, limit that will be updated every year according to the CPI.

2. The enjoyment of a grant shall be incompatible with that of any other simultaneous public or private grant or grant of similar characteristics, as well as the collection of unemployment benefits. Your payment will be made monthly by proceeding in any case the withholding tax on the Income Tax of the Physical Persons. The maximum period for the grant of the grant shall be one year, which may be extended for another year, depending on the conditions laid down in the relevant call.

3. The payment of the prizes shall be processed after the decision on which the jury's decision is made public, proceeding in any case the withholding tax on the Income Tax of the Physical Persons. The prizes will only be awarded to unpublished works, therefore incompatible with any type of subsidy

Article 7. Obligations of the beneficiaries.

1. In accordance with Article 14 of Law 38/2003 of 17 November, General Grants, the beneficiaries of the grants shall be obliged to:

(a) Carry out the training or research activity for which the grant has been granted within the terms and conditions specified in the call, under the direction and valuation of a Tutor designated for that purpose.

(b) Credit to the INAP Directorate the fulfilment of the requirements and conditions that determine the grant and benefit of the grant. In addition, beneficiaries should meet the objectives of the grant with satisfactory levels of dedication and performance and comply with the established guidelines.

c) Communicate to INAP the obtaining of any other aid or grant for the same purpose from any administration, national or international public or private entities.

d) To be able to comply with its tax and social security obligations, which may be credited in the manner provided for in Article 22 of the Royal Decree 887/2006 of 21 July, for which it is approves the Regulation of Law 38/2003 of 17 November, General of Grants, so that the submission of the application for the grant will entail the authorization of the applicant for the instructor to obtain directly those certificates, without prejudice to the fact that the applicant expressly refuses such consent; In this case, provide the relevant certifications.

2. In addition to these general obligations, the respective calls shall provide for those that may be specifically required from beneficiaries.

Article 8. Revocation and reimbursement of grants.

1. The Director of INAP may at any time, by means of a reasoned decision, revoke the grant awarded if the successful tenderer fails to comply with the conditions set out in this Order and in the call, or the general rules of functioning of the Agency, in accordance with the provisions of Articles 36 et seq. of Law 38/2003 of 17 November, General of Grants and suspending the payment of the grant

2. In the cases of reimbursement of the amounts received for any of the causes provided for in Article 37 of Law 38/2003 of 17 November, General of Grants, the total refund shall be the case where the beneficiary fails to comply with the and absolutely the conditions imposed for the grant and implementation of the grant.

Article 9. Waiver of the grant awarded.

In the event of a waiver of the grant awarded the successful tenderer must submit the appropriate substantiated application, addressed to the Director of INAP, who will decide, establishing, if appropriate, whether the total return or partial of the amounts received or only the cancellation of the pending fertilisers, taking into account the injury caused. Similarly, in the case of scholarships, the grant may be awarded for the remaining period of enjoyment to the alternate candidate according to the order of score obtained in the selection process. The award of the grant to the substitute shall be made after the audit of the Delegated Intervention.

Article 10. Legal regime.

The grants awarded by INAP shall be governed by Law 38/2003 of 17 November, General of Grants and its provisions of development, by the bases regulated in this Order and, in an additional manner, by the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single transient arrangement. Transitional arrangements for the calls in force.

Scholarships and prizes called before the entry into force of this provision will continue to be governed by the regulatory bases that apply to them.

Single repeal provision. Regulatory repeal.

Order APU/3519/2008, dated 28 November, is hereby repealed and the regulatory bases for the award of training grants for university graduates in subjects related to the Public Administrations and Order APU/3947/2008 of 22 December 2008 approving the regulatory bases for the grant of grants by the National Institute of Public Administration in training, study and research.

Single end disposition.-Entry into effect.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 20, 2011. -Third Vice President of the Government and Minister of Territorial Policy and Public Administration, Manuel Chaves González.