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Order Pre/1867/2010, July 5, Which Approve The Regulatory Bases For Granting By The Centre Of Sociological Investigations Of Scholarships For Postgraduate Students In Matters Of Interest To The Agency.

Original Language Title: Orden PRE/1867/2010, de 5 de julio, por la que se aprueban las bases reguladoras para la concesión por el Centro de Investigaciones Sociológicas de las becas de formación para posgraduados en materias de interés para el Organismo.

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TEXT

Among the functions attributed to the Center for Sociological Research in Ley39/1995, of December 15, and Royal Decree 1214/1997, of July 18, of the organization of the CIS, the promotion and encouragement of the applied social research, through the call for grants and support, as well as participation in training programmes for technicians and specialists in the 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.

Consequently, the CIS adopted Order PRE/3465/2009 of 18 December 2009 approving the regulatory basis for the award by the Centre for Sociological Research of training grants for post-graduate students. matters of interest to the body ("BOE" of 23 December). The Order should be amended in two respects. First of all, it is intended to extend the subjective scope of it by allowing anyone with legal residence in Spain, even if they are not a citizen of an EU Member State, to participate in the scholarships. Second, it is necessary to extend the forms of application submission by allowing the electronic register in accordance with the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services.

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 shall be published in the "Official State Gazette".

In its virtue, I have:

Article 1. Object.

The purpose of this Order is to approve the regulatory basis for the award of scholarships, under the competitive competition law, subject to Law 38/2003 of 17 November, General of Grants, for the training of postgraduates in the methods and techniques used in applied social research.

Article 2. Payee requirements.

1. All persons of Spanish nationality may be eligible for the aid provided for in this Order. Citizens of a Member State of the European Union or of third countries with legal residence in Spain may also be eligible for such aid. In all cases, within the period of submission of applications, they must be held in possession of the graduated or licensed degree, obtained within the four years preceding the date of publication of the call. Foreign titles or those issued in private Spanish centres must be approved by the Spanish Ministry of Education. The convening body shall determine a posteriori the suitability of the candidates in terms of the acquisition of powers in the light of the titles presented in accordance with the object set out in Article 1 of these bases.

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.

Under the provisions of Article 22.4 of Royal Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants, the submission of the application for the grant agree with the applicant's authorization to obtain, directly, the certification certificates of being in the current of the tax obligations and the Social Security, except that they attach a document denying expressly such consent, in which case the appropriate certificates shall be provided at that time to credit such circumstances.

3. They may not suffer from any illness or physical or mental limitation that makes them unable to fulfil their obligations as a beneficiary of the grant.

Article 3. Calls.

1. The procedure for granting the grants shall be initiated by public notice, which shall be approved by the Presidency of the Center for Sociological Research and published in the "Official Gazette of the State", in which express mention of Law 38/2003, of 17 November, General of Grants, and of this Order.

2. The call must include:

a) Indication of the provision establishing the regulatory bases and the day of the "Official State Gazette" in which it is published.

b) The number of scholarships called.

c) The purpose, object, and duration of the grant.

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

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

(f) 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.

g) The call request model.

h) The documentation to accompany the application form.

i) The criteria for evaluating the requests.

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

k) The budgetary credit to which the grants are to be charged and the maximum total amount of the grants within the available appropriations or the estimated amount of each one.

l) The deadline and form of justification by the beneficiary of the fulfilment of the purpose for which the grant was awarded.

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

n) 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 the ninth article of this Order.

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

Article 4. Procedure initiation.

The deadline for submitting applications will be 15 calendar days, from the time of the publication of the call in the Official Gazette of the State. Applications will be formalized in a model attached to each call and will be directed to the Presidency of the Center for Sociological Research and may be presented in the General Register of the Center for Sociological Research (Calle Montalban, 8, Third floor, 28014 Madrid) or by any of the procedures provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Also, those interested, provided they have a valid electronic signature certificate, may submit applications through the electronic register of the website of the Ministry of the Presidency, used for this purpose. Computer application available at http://www.mpr.es, in accordance with the provisions of Order PRE/1009/2010 of 23 April, which regulates the Electronic Register of the Ministry of the Presidency.

Article 5. Procedure instruction.

It is the instruction of the procedure for the award of grants to the Department of Publications and Development of Research of the Center for Sociological Research, which will verify the fulfillment of the requirements and will transmit the documentation to the Valuation Commission. It will communicate its assessment to the Head of the Publications Department and the Development of Research. The instructor, in the light of the dossier and of the report of the Valuation Commission, shall make the proposal for a provisional, duly substantiated, resolution which shall be notified to the persons concerned in the manner set out in the call, and grant a period of 10 days to submit claims. In the light of the arguments put forward by the interested parties, the instructor will raise the final draft resolution to the Presidency of the Sociological Research Centre, which will be responsible for its resolution.

Article 6. Justification for the scholarships.

Within the last fifteen days of the term of the scholarship, the beneficiaries of the grant will be obliged to present a scientific memory on the whole of the work carried out, specifying the objectives achieved with the scholarship, the methodology used and the main results of the studies performed.

The Head of the Publications Department and the Research Development Department, in the light of the report presented, will issue an evaluation report certifying compliance with the conditions imposed by the concession. of the scholarship.

Article 7. Commission of Valuation.

A Valuation Commission, attached to the instructor body, will analyse the merits of the applicants and will inform the Head of the Publications Department and the Research Development Department of their assessment to propose to the Presidency of the Centre for Sociological Research the provisional award of scholarships. The Commission, appointed by the Presidency of the Centre for Sociological Research, shall be composed of a president, who is the head of the Presidency of the Centre for Sociological Research or a person to whom he delegates, and four members. Of these four vowels, two will be chosen among officials from groups A1 and A2 of the Center for Sociological Research; and the other two will be among professors of university in the field of social sciences and/or professionals of recognized prestige in the field of social research. He will act as secretary, with voice and no vote, an official from the Department of Publications and Development of Research.

Without prejudice to the peculiarities provided for in this Order, the functioning of the Valuation Commission shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of the Public administrations and the Common Administrative Procedure.

Article 8. Assessment criteria.

1. The assessment and selection of applications shall be carried out in accordance with the principles of concurrency, objectivity and non-discrimination.

2. Objective criteria for the selection of the beneficiaries are set out below.

a) The academic record, which will be valued up to a maximum of 60 points.

b) Experience in complementary research and training, up to a maximum of 20 points.

c) Publications, up to a maximum of 10 points.

d) Computer tools and languages, up to a maximum of 10 points.

Article 9. Resolution.

1. The decision shall be delivered and notified within the time limit specified in the notice, which may not exceed six months.

2. The final decision given by the Presidency of the Centre for Sociological Research by awarding the grants to their holders and by approving the list of candidates who, following the order of punctuation obtained, will replace the holders in the event that any of them shall give up the same, the beneficiaries shall be notified within 10 days of the date on which the act has been issued, with the requirements and in the form laid down in Articles 58 and 59 of the Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Procedure Common Administrative.

3. In the event of the expiry of the maximum period laid down in the call for a decision, without having been given and expressly notified, the claims shall be deemed to be rejected by administrative silence, according to the with the provisions of Article 25.5 of Law 38/2003 of 17 November, General of Grants.

Article 10. Resources.

The resolution of the concession procedure puts an end to the administrative route. An administrative dispute may be brought against it before the Central Court of Administrative Contentious within a period of two months from the day following that of its notification, in accordance with Articles 9 (c) and 46.1 of the Law 29/1998, of 13 July, regulator of the Court of Justice-Administrative or, potestatively, recourse to reorder before the same organ that delivered the act within one month from the day following that of its notification, according to the provisions of Article 116 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

Article 11. The amount and compatibility of the grants.

1. The amount of each grant, which shall be identical, shall not exceed the amount of twenty thousand euros (EUR 20 000) per year. The payment will be made from the budget application 25.102.462M.481 of the Sociological Research Centre.

2. The payment of the grants shall be made by means of payment due, in any case, the withholding tax on the Income Tax of the Physical Persons.

3. The grant of the grant shall be annual and incompatible with that of any other simultaneous public or private aid or grant of similar characteristics, as well as the collection of unemployment benefits.

4. Beneficiaries shall be entitled to sickness and accident insurance contracted by the Centre for Sociological Research.

Article 12. Obligations of the beneficiaries.

In accordance with Article 14 of Law 38/2003 of 17 November, General Grants, grantees will be required to:

(a) Accept, from the grant application to the possible grant of the grant, the provisions of these bases and the corresponding call.

b) Carry out the training activity for which the grant has been awarded within the periods and conditions specified in the call.

c) To grant to the Presidency of the Center for Sociological Research the fulfillment of the requirements and conditions that determine the grant and enjoyment of the scholarship. The recipients of the grant will also be required to meet the objectives of the grant with satisfactory levels of dedication and performance and to comply with established guidelines.

d) Submit, before the end of the duration of the grant, a report on the work done, including the compliance or approval of the Head of the Publications Department and the Development of Research.

e) Communicate to the Center for Sociological Research the obtaining of any other aid or grant for the same purpose from any Administration, national or international public or private entities.

(f) Credit to be found in compliance with their tax obligations and with Social Security under the terms provided for in Article 2.3 of this Order.

The grant and enjoyment of the scholarships does not establish a contractual or statutory relationship between the beneficiary and the Center for Sociological Research and, therefore, will not in any case involve employment or civil service. with that body, nor does it imply any commitment as to the subsequent incorporation of the data subject into the template.

Article 13. Reimbursement of scholarships.

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 when the The beneficiary is completely and absolutely not in full compliance with the conditions for granting and implementing the grant. In the case of partial defaults, the Sociological Research Centre shall assess the degree of development of the training, as well as the period of implementation of the training, by reintegrating the non-realised part. In both cases, the relevant delay interest shall be required from the time of payment of the grant to the date on which the provenance of the refund is agreed.

Article 14. Waiver of grant awarded.

In the case of waiver of the grant awarded, the successful tenderer must submit the corresponding substantiated application-with a minimum of 20 days ' notice to the effect date-addressed to the Presidency of the Socio-ological research, who will decide whether the total or partial refund of the amounts received or only the cancellation of the outstanding credits is appropriate. Similarly, if applicable, the grant shall 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 15. Legal regime.

The grants awarded by the Center for Sociological Research 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, with an additional character, by 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.

Training grants convened prior to the entry into force of this Order will continue to be governed by the regulatory bases that apply to them.

Single repeal provision. Regulatory repeal.

Order PRE/3465/2009 of 18 December 2009 is hereby repealed, approving the regulatory basis for the award by the Centre for Sociological Research of training grants for post-graduate students in interest to the body ("BOE" of 23 December).

Single end disposition. Entry into force.

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

Madrid, 5 July 2010. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernández de la Vega Sanz.