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Resolution Of April 5, 2011, Of The Judicial General Mutual Insurance Company, Which Creates And Regulates The Electronic Register Of The Agency.

Original Language Title: Resolución de 5 de abril de 2011, de la Mutualidad General Judicial, por la que se crea y regula el Registro electrónico del Organismo.

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TEXT

The development of the information society forces public administrations to incorporate new technologies into their operation, in order to increase the level of efficiency in the provision of services to the public. citizens and citizens.

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in its article 45 urges public administrations to promote the use and application of techniques and electronic, computer and telematic means in the development of their activities and in the exercise of their powers.

This promotion task received a legislative impulse with the reform carried out by Law 24/2001 of 27 December, of Fiscal, Administrative and Social Order Measures, Article 68 of which amended Law No 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure, to enable the creation of electronic records that will facilitate and promote communications between public administrations and the citizens, also amending Article 59 of the same law, in order to provide legal cover to the the legal status of notifications by telematic means.

Law 11/2007, of June 22, of electronic access of citizens to Public Services, came to enshrine the right of citizens to communicate with the Administrations by electronic means, establishing the obligation of these to be equipped with electronic means and systems so that this right can be exercised and dedicated section 1 of its chapter III of the title second to the electronic records and the requirements for its creation.

Finally, Royal Decree 1671/2009 of 6 November 2009, for which Law 11/2007 is partially developed, regulates those aspects related to the transmission of data, electronic venues and general access point, identification and authentication, electronic records, communications and notifications and electronic documents and copies, proceeding to repeal in full Royal Decree 263/1996 of 16 February, and, in part, Royal Decree 772/1999, of 7 In May, in particular Articles 14 to 18 dedicated to electronic records.

In application of these legal provisions, this resolution aims at the creation and regulation of an electronic register in the General Judicial Mutuality, which is enabled for the reception and referral of applications, written and communications submitted electronically, relating to certain procedures specified in Annex I and whose resolution is a matter of mutual jurisdiction. In any event, the submission of these documents by electronic means is provided for in this resolution as an additional and non-compulsory route for the person concerned.

In order to achieve the necessary flexibility in a field of continuous development, the resolution enables the General Judicial Mutual Manager to modify the content of the annexes, with powers, within its scope of application, to include or give of low procedures, procedures and communications with access to the electronic register.

This resolution has been informed by the Ministry of Justice's Ministerial Committee on Electronic Administration.

In her virtue, upon approval, in her day, of the First Vice President of the Government and Minister of the Presidency, I have:

Article 1. Object.

This resolution aims at the creation and regulation of electronic registration in the General Judicial Mutuality, in charge of the reception and referral of applications, writings and communications, as well as the establishment of the requirements and conditions of operation of such registration with respect to the procedures and procedures within its scope.

Article 2. Scope.

1. The Electronic Registry of the General Judicial Mutuality shall be enabled for the receipt and referral of applications, written and communications, which are submitted and issued by electronic means, related to the procedures and actions included in Annex I to this resolution.

2. The provisions of the foregoing paragraph shall be without prejudice to the right of the person concerned to submit his applications, letters and communications in any of the records referred to in Article 38 (4) of Law No 30/1992 of 26 May 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. Within its scope, the use of electronic registration shall be mandatory for the Administration in electronic relations with citizens in which, in accordance with the general rules, its registration is to be carried out, in accordance with the provisions of Article 38 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and provisions on development, and this annotation cannot be replaced. by others in non-electronic records or in the records of the managing applications of the procedures.

4. For the purposes of this resolution, the concept of 'citizen' shall be as defined in the Annex to Law 11/2007 of 22 June 2007 on the electronic access of citizens to Public Services.

Article 3. Creating the electronic record.

In application of Articles 24 and 25 of Law 11/2007, of 22 June, of electronic access of citizens to Public Services, and of Articles 26 and 27 of Royal Decree 1671/2009, for which the Law 11/2007, the Electronic Registry of the Judicial Mutual Mutual is created for the reception and remission of applications, writings and communications that are presented and issued by electronic means in the field of procedures and actions included in Annex I to this resolution.

Article 4. The functions of the electronic record.

The functions of the electronic registry of the General Judicial Mutuality, in relation to the requests, writings and communications relating to the procedures included in Annex I of this resolution, will be, according to the Article 28 of Royal Decree 1671/2009 of 6 November 2009:

(a) The receipt and referral of requests, writings and communications of all types and their accompanying documents, relating to the scope of action and the jurisdiction of the General Judicial Mutuality, as well as the issuance of the receipts required to confirm receipt in accordance with the terms of Article 25 of Law 11/2007 of 22 June.

(b) the electronic referral of notifications relating to the procedures for which the person concerned, in accordance with Article 28 of Law 11/2007, of 22 June, and provided that the specific procedure so determines, has consented to or indicated as a means of preferential notification the electronic means.

(c) The entry of the corresponding entry or exit registers of the applications, communications and notifications listed in the preceding letters.

d) Functions of constancy and certification in cases of litigation, discrepancies or doubts about the receipt or referral of requests, writing and communications.

Article 5. Eligible documents.

The electronic register may support standard electronic documents, submitted by natural or legal persons corresponding to the procedures and procedures specified in Annex I to this resolution.

Admits, also, any application, written, communication or documentation submitted to the electronic register not related to the procedures and procedures referred to in the previous paragraph, addressed to any organ or (a) entity of the scope of the administration of the registry, with the scope laid down in Article 24 (2) (b) of Law 11/2007, of 2 June, and Article 28 (b) of Royal Decree 1671/2009 of 6 November 2009.

The submission of applications, writing and communications shall be carried out using the standard models to be accessed through the electronic headquarters, https://sedemugeju.gob.es.

The portal that constitutes the electronic headquarters of the Judicial Mutual General shall systematically and systematically include the updated relationship of the procedures and procedures specified in Annex I to this resolution.

The standard models will indicate the fields that must be completed in order for requests, writing and communications to be accepted in the electronic register.

The electronic record may reject electronic documents in any of the circumstances provided for in Article 29.1 of Royal Decree 1671/2009 of 6 November 2009 in the form set out therein. Where appropriate, the notification to the sender shall be made on the basis of the provisions laid down therein.

Article 6. Annotations in the electronic record.

1. The submission of applications, writing and communications relating to procedures and formalities covered by this resolution shall give rise to the corresponding seats in the electronic register, using secure electronic means for the performance of the seats and for the recovery of the registration data.

2. The information system that supports the electronic register shall ensure the constancy of each seat being practised and its content, with a register per seat identifying the documentation submitted, which shall be associated with the corresponding seat number.

3. The entry and exit entry for applications, written and communications referred to above shall necessarily involve the seat in the general register with identification mechanisms to differentiate the seats generated. by the electronic record.

4. Each presentation in the electronic record shall contain the following:

a) An individualized registration number or code.

(b) The data for identification of the data subject. And, in particular, first and last names, national identity card, NIF/NIE, passport or equivalent. In the case of legal persons, the data of the representative: name and surname, NIF/NIE.

c) Presentation date and time.

d) Where appropriate, the identity of the organ to which the electronic document is addressed.

e) The procedure with which it relates.

(f) Content of the form and signature of the form, which shall also be collected for natural persons, postal addresses and, where appropriate, electronic; and for legal persons, registered offices and, where appropriate, electronic address.

g) Any other information deemed necessary based on the telematic procedure of the seat.

h) Signature of the registration request by the requesting person

Article 7. Computation and time limits for the submission of documents.

1. The electronic register shall allow the submission of applications, written and communications during the 24 hours every day of the year, without prejudice to the interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 May 2009. November, when justified reasons for technical or operational maintenance, which shall be reported in the register itself and in the electronic seat, are met.

2. For appropriate purposes, the electronic seat shall show, in an equally visible place:

(a) The calendar of indeft days relating to its procedures and procedures, which shall be determined in the annual resolution published in the "Official State Gazette", by the Ministry of the Presidency, for the whole national territory, pursuant to Article 48 (7) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

b) The official date and time, which shall be the date and time of the transaction in the Electronic Register and whose timing shall be performed in accordance with the provisions of Article 15 of Royal Decree 4/2010 on the approval of the National Interoperability Scheme.

3. The calculation of time limits shall be carried out in accordance with paragraphs 3, 4 and 5 of Article 26 of Law 11/2007, of 22 June, on the electronic access of citizens to Public Services.

Article 8. Submission of supplemental documentation.

If, on the initiative of the persons concerned or on the basis of a prior request, additional documentation should be provided to a previously submitted communication, written or application, those may carry out such contribution by any of the following systems:

(a) Through the system provided for in Article 2 (3) of this resolution.

(b) Through any of the means provided for in Article 38.4 of Law 30/1992 of 26 November, when the person concerned chooses any of the means or documents which are not liable to be submitted by means of a telematics.

The electronic registration shall generate a receipt of proof of delivery and ensure the integrity and non-repudiation of the documents provided in accordance with the provisions of Article 11.

Article 9. Access to the electronic register and access of stakeholders to information on the status of processing.

1. Persons interested in accessing the electronic register of the General Judicial Mutuality must do so through their electronic headquarters https://sedemugeju.gob.es.

This address will find an up-to-date relationship of the applications, writings, and communications that are amenable to presentation.

2. In the terms of Article 37 of Law 11/2007 of 22 June 2007, the electronic access of citizens to public services will be possible to follow up the procedures processed electronically through its headquarters. electronic, prior to the safe identification of the data subjects.

3. The minimum technical requirements for the access and use of the electronic register are those set out in Annex II to this resolution.

Article 10. Identification, authentication and signature systems.

1. Electronic signature systems which are in conformity with the provisions of Article 10 of Royal Decree 1671/2009 of 6 November 2009 shall be permitted.

2. The identification and authentication of the electronic register may also be carried out by means of public officials empowered by the procedure provided for in Article 22 of Law 11/2007 of 22 June.

3. Information on the relationship of providers of certification services and types of electronic certificates to be covered by electronic signatures used in the electronic signatures will be available at the address of the electronic headquarters https://sedemugeju.gob.es receiving and forwarding requests, writing, and communications

Article 11. Provide proof of the submission of written submissions, requests, communications and other documents.

1. The acknowledgement of receipt of the written, requests, communications and other documents to be used for the purposes of the electronic registration shall be carried out in such a way as to ensure that the authenticity, integrity and non-repudiation of the documents are fully guaranteed. Administration of the content of the forms presented, as well as of the documents annexed thereto, providing citizens with the full evidence of the fact of the presentation and the index of the documentation presented.

2. The acknowledgement of receipt shall include at least the following content:

a) The receiving organ of the document.

b) A copy of the written, communication or application submitted, the literal reproduction of the data entered in the form of presentation being admissible for these purposes.

c) The filing date and time and record entry number.

d) Where appropriate, enumeration and appellation of the documents attached to the filing form or document filed, followed by the electronic fingerprint of each of them.

e) Information of the maximum time limit set for the resolution and notification of the procedure, as well as the effects that the administrative silence may produce, when it is automatically determinable.

3. For the purposes of the above, the acknowledgement of receipt issued shall be digitally signed by the General Court of Justice by means of an electronic seal certificate in accordance with Article 19 of Royal Decree 1671/2009, November 6.

4. Users shall be warned of the lack of receipt of the application, written or communication sent by an error message, indicating whether the non-reception is due to a technical failure of the registration or incorrect completion of the standard model.

Article 12. Electronic logging management and security.

1. The General Secretariat of the Judicial General Mutuality shall be the unit responsible for the management, availability and security of the electronic register created and regulated in this resolution.

2. The electronic register shall have the appropriate organisational and technical means to ensure interoperability and safety in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the National Scheme of Security, in Royal Decree 4/2010, of 8 January, for which the National Interoperability Scheme is regulated, as well as in Regulation 1207/2007 of the development of the Organic Law 15/1999, of 13 December, of Data Protection.

Single additional disposition. Personal data protection file.

In compliance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data file is created. General Judicial ", whose ownership corresponds to the General Judicial Mutuality, Marques del Duero Street, 7, 28001 Madrid, valid for the purpose of the exercise by the citizens of the rights provided for by that Law.

The content with the technical specifications of the file is set out in Annex III of this Resolution.

Final disposition first. Competent authority to approve and modify the relationship of applications, writing and communications that may be filed in the registry.

1. It is up to the General Judicial Mutual Manager to approve and modify the content of the Annex to this resolution, with the authority to include or discharge procedures, procedures and communications with access to the registry. electronic, as well as those where the provision of the electronic notification service will be possible.

2. It is also up to the General Judicial Mutual Manager to approve new standard and pre-printed models with which to make the exercise of rights, actions and communications effective.

In any case, the inclusion of new procedures within the scope of the MUGEJU, and the establishment of other standard models or the modification of the current ones, will be published in the electronic headquarters of the Judicial General Mutuality, https://sedemugeju.gob.es.

Final disposition second. Entry into force.

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

Madrid, April 5, 2011.-The Manager of the General Judicial Mutuality, Celima Gallego Alonso.

ANNEX I

The procedures included in the field of application of the electronic registry of the General Judicial Mutuality will be, among others, the following:

1. Affiliation and variation of headline data.

2. Support for home acquisition financed by mortgage loan.

3. Help psychiatric inpatient expenses.

4. Disabled child support.

5. Aid in the form of refractive defect ophthalmology.

6. Help for Sepelium Expenses.

7. Help in podiology for the elderly.

8. Help with treatment of psychotherapy.

9. Social thermalism help for the elderly.

10. Low beneficiaries.

11. Ordinary change of medical entity.

12. Joint committee.

13. Written to the General Judicial Mutuality.

14. Social assistance fund.

15. Temporary incapacity.

16. Permanent disability benefit.

17. Invalidity benefit.

18. Program care seniors.

19. Program of care for people with disabilities.

20. Care program for drug-dependent people.

21. Prostheses, dental, ophthalmological, etc. ..

22. Complaints and suggestions: Procedure to put in knowledge of the mutual dysfunctions or improvements. Complaints shall in no case have the status of an administrative appeal or its interposition to bring the time-limits laid down in the current rules into account.

The filing of a complaint does not condition the exercise of the actions or rights that, in accordance with the regulatory regulations of each procedure, may be exercised by those who appear in it as an interested party.

23. Reentry of beneficiaries.

24. Reimbursement of pharmacy expenses.

25. Renewal of the assistance programme for elderly people.

26. Review of the assistance program for older people.

27. Retirement allowance.

28. Recipe talonaries.

29. European Health Insurance Card.

ANNEX II

Technical Features

1. In order to present electronic documents as standard in the electronic register of the judicial general mutuality, citizens must prove their identity by means of any of the electronic signature systems referred to in Article 13.2.b) of the Law 11/2007, of June 22, of electronic access of citizens to Public Services. In particular:

(a) The identification and signature of natural persons through the use of the National Electronic Identity document shall be admitted in all cases.

b) Public key digital certificates, not revoked, supported by @firma, which is the electronic signature and validation platform of the Superior Council of Electronic Management.

The @firma platform supports digital certificates recognized according to the ITU-T X.509 v3 standard, issued by multiple certification service providers.

All the providers are registered in the Registry of Authorities of the Secretariat of State of Telecommunications, and for the Information Society of the Ministry of Industry, Tourism and Commerce, in accordance with the established in Article 30 of Law 59/2003 of 19 December, of Electronic Signature.

Access to registration will be made through the Internet address of the website of the General Judicial Mutuality https://sedemugeju.gob.es through the use of a browser.

In all cases, you need to have the Java virtual machine version 1.4.2 or higher installed and allow the electronic signature component to be downloaded. You also need to allow JavaScript to run.

2. The identification and authentication to the Electronic Registry may also be carried out by means of authorized public employees, by means of the procedure provided for in Article 22 of Law 11/2007 of June 22, of electronic access of the public services.

3. The electronic seat of the Agency shall contain the relationship of the identification and signature systems, and where appropriate, of the certificates admissible by the Electronic Register or the link to the address in which the information is contained.

4. The formats of the electronic documents attached to the forms shall be established in accordance with the available computer tools and means of communication, and the maximum extension of the supplementary files to be submitted may be limited. in a single session.

5. Additionally, in order to display the guards, a program that allows the reading of documents in PDF format will be required to be installed on the computer.

ANNEX III

Creating the Electronic Registry of the General Judicial Mutuality file

a) Name of the file: Electronic record of the Judicial General Mutuality.

b) File finality: Log records of the electronic seats made in the Electronic Register to, if necessary, consult the registration information of their seats.

(c) Expected uses: Reception and remission of applications, writing and communications and of their supporting documentation to the person, organ or unit to which they are intended. As well as for statistical purposes and to respond to users ' own queries about the fact of registration.

(d) Persons or collectives on which data of a personal nature is intended to be obtained, or which are obliged to supply them: Natural persons or legal persons in the terms laid down in Article 10 of the Royal Decree 1671/2009 of 6 November.

e) Procedure for collecting personal data: By file of the data entered at the time of the seat.

f) Basic file structure and description of the personal data types included in the file:

Identifying data: Name, surname, DNI/NIF/passport or identification document, postal and electronic address, telephone and fax.

Data relating to the application, written or communication submitted: date, time and number of registered seat, as well as accompanying documentation that the natural or legal person brings. The attached documentation can include specially protected data.

g) Treatment system: Automated.

h) Data Cefunes to be provided: Transmission of the information and documentation to the person, organ or unit addressed to it.

i) International transfers to third countries: Not foreseen.

j) Administrative body responsible for the file: Judicial General Mutuality.

k) Administrative body to which the rights of access, rectification, cancellation and opposition may be exercised: General Secretariat of the General Judicial Mutuality, Marques del Duero Street, 7. 28001 Madrid.

l) Security measures: High level.