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Order Pre/1868/2010, July 5, To Approve The Regulatory Bases For Granting By The Centre Of Sociological Investigations Of Grants For Training And Research In Areas Of Interest To The Agency.

Original Language Title: Orden PRE/1868/2010, de 5 de julio, por la que se aprueban las bases reguladoras para la concesión por el Centro de Investigaciones Sociológicas de subvenciones para formación e investigación en materias de interés para el Organismo.

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Among the functions attributed to the Center for Sociological Research of Law 39/1995 of 15 December, and Royal Decree 1214/1997 of 18 July, 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, it is appropriate for the Centre for Sociological Research to convene annually, by means of a public tender in competitive competition, aid for the exploitation of the CIS Data Bank and for the completion of doctoral theses in political science or sociology, in matters of interest to the Agency.

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, the Council of Ministers of the European Union, the Council of Ministers, the Council of Ministers, the Council and the European Commission, the Council and the European Economic and 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 granting of aid under the competitive competition law, subject to Law 38/2003 of 17 November, General of Grants for the exploitation of the Bank Data from the CIS and for the completion of doctoral theses in political science or sociology, in matters of interest to the Agency.

Article 2. Payee requirements.

1. All persons of Spanish nationality may be eligible for the aid provided for in this Order. It will also be possible for citizens of a Member State of the European Union or third countries to develop their research work in Spain to be eligible for such aid. In all cases, the conditions required by this Order for access to the grant must be met within the time limit for the submission of applications.

2. In relation to the academic qualification required to attend the various planned aid, the latter refers to a Spanish official title or equivalent certificate issued by an institution of higher education in the European Higher Education Area. Graduates may also be granted access to education systems outside the European Higher Education Area, after approval of their degrees or recognition of the academic degree.

3. 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 aid 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.

4. 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 aid.

5. The individual beneficiaries of the aid for the exploitation of the CIS Data Bank shall prove that they have exceeded the Diploma of Advanced Studies (Investigational Sufficiency) or equivalent.

6. The principal investigators of research teams benefiting from the exploitation of the CIS Data Bank must be in possession of a doctor's degree in some discipline or area of social sciences.

7. The beneficiaries of the aid for the completion of doctoral theses must prove that they have passed the Diploma of Advanced Studies or equivalent, and justify that it is in the phase of the completion of the thesis doctoral in political science or sociology.

Article 3. Calls.

1. The procedure for granting the aid shall be initiated on its own initiative, by means of a public call, which shall be approved by the Presidency of the Centre for Sociological Research and published in the "Official Gazette of the State". that the express mention of Law 38/2003, of 17 November, General of Grants, and of this Order shall be made.

2. Each 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 aids called.

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

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 aid is to be charged and the maximum total amount of the aid within the available appropriations or in the absence of the estimated amount of each of the appropriations.

l) The time and form of justification by the beneficiary of the fulfilment of the purpose for which the aid was granted.

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 aid ends the administrative route, as well as the resources that the aid comes from and the body to which it is to be brought.

Article 4. Procedure initiation.

The deadline for submitting applications will be 20 calendar days, from the time of the publication of the call in the Official State Gazette. 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 to grant aid 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 of the aid.

1. In the case of aid for the operation of the CIS Data Bank, a progress of the project (no more than 2,500 words) must be submitted by 31 July of the year of the concession, containing a somera relation or memory of the work until that date. Subsequently, two copies of the paper-format research and one in electronic format must be delivered before 1 December of the year of concession.

2. In the case of aid for the completion of doctoral theses, a brief report of the situation in which the procedures for reading the thesis are to be found must be submitted by 31 July of the year of the concession. Two copies of the thesis in paper format and one in electronic format must be delivered before 1 December of the year of the concession. A University certification to which the thesis has been presented must also be presented for reading.

In both cases, the Head of the Publications Department and the Research Promotion Department, in the light of the documentation presented, will issue a final evaluation report certifying compliance with the conditions imposed by the granting of the aid.

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 evaluation to propose 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 five members. Of these five vowels, three 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.

2.1 In the aid for the exploitation of the CIS Data Bank:

(a) The adequacy of the research project to the object of the call expressed in Article 1 of these bases. Up to 50 points.

b) The originality and thematic interest of the proposed project. Up to 25 points.

c) The methodological quality and the use of empirical social research techniques. Up to 25 points.

2.2 In aid for the completion of doctoral theses:

(a) The adequacy of the draft thesis to the object of the call expressed in Article 1 of these bases. Up to 20 points.

b) The originality and thematic interest of the proposed thesis project. Up to 35 points.

c) The theoretical and methodological quality of the research. Up to 35 points.

d) The special use of the CIS Data Bank. Up to 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 aid to its 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. Amount and compatibility of the aid.

1. The amount of the grants will be based on the form of the activity being subsidised, and none of them will be able to exceed the amount of EUR 11 000 (EUR 11 000) per year. The payment will be made from the budget application 25.102.462M.481 of the Sociological Research Centre.

2. The economic envelope for each grant mode and on an individual basis shall be as follows:

(a) In the individual aid for the operation of the CIS Data Bank the amount of each shall be EUR 7,600.

(b) In the case of aid to a research team for the exploitation of the CIS Data Bank, the amount of each shall be EUR 11,000.

(c) In the case of aid for the completion of doctoral theses, the amount shall be EUR 7,100 each.

3. The payment of the aid will be made after the subsidised activity, in any event the withholding tax on the Income Tax of the Physical Persons.

4. The benefit of the aid shall be annual and incompatible with that of any other simultaneous public or private aid or grant of similar characteristics. Candidates who have received aid from the CIS shall not be eligible for aid in the same way in the immediately preceding call.

Article 12. Obligations of the beneficiaries.

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

(a) Accept, from the request of the aid to the possible grant of the aid, the provisions of these bases and the corresponding convocation.

b) Carry out the research activity for which the aid has been granted within the deadlines and conditions specified in the call.

(c) Credit to the Presidency of the Center for Sociological Research the fulfilment of the requirements and conditions that determine the granting and enjoyment of the aid. The beneficiaries of the aid must also meet the objectives of the aid with satisfactory levels of dedication and performance and comply with the guidelines laid down.

d) Submit the documentation referred to in Article 6 within the time limits set out in that article.

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 granting and enjoyment of the aid does not establish a contractual or statutory relationship between the beneficiary and the Centre for Sociological Research and, consequently, will not in any case involve employment or (

) the function of the staff of the staff of the staff of the staff of the staff of the staff of the staff.

In addition to these general obligations, the respective calls will establish those that specifically may be required from beneficiaries.

Article 13. Recovery of the aid.

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 does not fully and absolutely fails to comply with the conditions imposed for the granting and execution of the aid. In the case of partial non-compliances, the Sociological Research Centre shall assess the degree of development of the investigation, as well as the period of implementation thereof, by proceeding with the reimbursement of the non-realised part. In both cases, the relevant delay interest shall be required from the time of payment of the aid until the date on which the refund is agreed.

Article 14. Waiver of the aid granted.

In the case of waiver of the aid granted, the successful tenderer must submit the relevant substantiated application-with a minimum of 20 days ' notice to the effect date-addressed to the Presidency of the Socio-ological investigations, who shall decide whether the total or partial refund of the amounts received or only the cancellation of the outstanding credits is appropriate.

Article 15. Legal regime.

The aid granted 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 character supletorio, 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.

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

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.