Order Apu/3947/2008, Of 22 December, Which Approve The Regulatory Basis For The Granting Of Subsidies By The National Institute Of Public Administration In The Areas Of Training, Study And Research

Original Language Title: ORDEN APU/3947/2008, de 22 de diciembre, por la que se aprueban las bases reguladoras para la concesión de subvenciones por el Instituto Nacional de Administración Pública en materias de formación, estudio e investigación

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Among the powers and functions entrusted to the Instituto Nacional de Administración Pública (INAP), by the Royal Decree 1661 / 2000, of 29 September, which approves the Statute of the INAP, amended by the Royal Decree 1320 / 2004, 28 of may, which develops the basic organizational structure of the Ministry of public administration, contained in its article 3.j) carrying out studies and multidisciplinary analysis of the institutions of the State and public administrations , with special attention to the problems of governance in the advanced democratic societies and the promotion of institutional strengthening through collaboration, where appropriate, universities, foundations and other public and private institutions that can contribute to the development of knowledge on governance and administration.

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, legal services and the corresponding delegate intervention report and will be published in the «Official Gazette».

By virtue, I have: article 1. Object.

This order is intended to approve the regulatory bases of the concession, in competitive, subsidies, grants, scholarships or prizes subject to the law 38/2003 of 17 November, General scheme of grants in the areas of training, study and research on public administrations and institutions of the State, in particular, training or research scholarships for qualified college aid for the preparation of doctoral theses, research awards and awards for doctoral theses.

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 of Latin American countries, in the case of a specific activity for area management public Iberoamericana, who are at the end of the deadline for submission of applications, in 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 They may do not suffer from any disease or physical or mental limitation which hinders them for the fulfilment of its obligations as the beneficiary of the grant.

4. the beneficiaries of training or research scholarships must be on the deadline for submission of applications, the degree of doctor, master, graduate, graduate, engineer or architect, issued by academia Spanish or duly approved by the Ministry of science and innovation, within the five years preceding the date of publication of the call. This latter time limit shall not apply in the case of research grants.

5. the beneficiaries of the grants for the preparation of doctoral theses must be in possession of a qualification of degree of which enabled access to postgraduate studies, equal to the degrees of Bachelor or engineering, have been admitted to a doctoral program in any Spanish University or certified.

6. the beneficiaries of the research awards may be both individuals and teams which group together individuals conformed to the effect, that meet the requirements set out in this order.

7. the recipients of awards for doctoral theses must have read the dissertation between January 1 and December 31 of the year that is set to the resolution's call, in any of the Spanish universities or the European Union, and having obtained a qualification «cum laudem».

Article 3. Calls.

1. the procedure for granting of subsidies will begin officially, by tender, which shall be approved by the Director of the National Institute of public administration and published in the «Official Gazette», which will be expressly law 38/2003 of 17 November, General grants, and this order.

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 the evaluation of applications.

(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 the grants and the total maximum amount thereof within the appropriations available or failing the estimated amount in each one.

(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, according to the ninth article 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. Statement of the procedure.

It is the statement of the procedure for granting of subsidies to the center of publications of the INAP, which shall verify compliance with the requirements and submit documentation to the Commission's assessment. This rise properly motivated provisional resolution to the Director of the National Institute of public administration, which shall have the jurisdiction for resolution.

Article 5. Commission's assessment.

A valuation Committee will evaluate the merits of the applicants and will propose the provisional allocation of subsidies.

The Commission, appointed by the Director of the INAP, shall be composed of a President and four members elected from among the INAP center managers. Among them, shall act as Secretary, with voice and vote, an official of the A1 group's publications Center.

Article 6. Assessment criteria.

1. the assessment and selection of applications will be held in accordance with the principles of competition, objectivity and non-discrimination.

2. they will be objective criteria for the selection of beneficiaries as listed below.

(2.1 in training and research grants: to) academic record, which will be valued to a maximum of 20 points.

(b) degrees in political science and administration and public law, librarianship and documentation, information technology-accredited or assimilated, up to a maximum of 20 points.

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

(d) other curricular merits (languages and computer skills), up to a maximum of 20 points.

(2.2 in grants for doctoral thesis: to) the academic record, up to 20 points.

(b) the interest of the research proposal, up to 40 points.

(c) the scientific quality, up to 30 points.

(d) thematic originality of research, up to 5 points.

(e) studies or previous work related to the aim of the grant, up to 5 points.

(2.3 dissertations award: to) the academic record, up to 10 points.

(b) the interest, and the innovative nature of the content in relation to the Organization and functioning of the public administrations, up to a maximum of 30 points.

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

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

2.4. in the awards for study and research work:

(a) the interest, relevance and innovative nature of the content and coincidence with the priorities indicated in the call for proposals, up 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 7. Resolution.

1. the decision will be issued and notified within the specified time in the call, which may never exceed six months.

2. the final decision issued by the Director of the National Institute of public administration awarded subsidies to their owners and approving, in addition, the relationship of candidates who, following the order of score, replaced the headlines in the event that any of them renounced it, will be notified to beneficiaries in within 10 days from the date on which the Act was issued in the form and requirements laid down in articles 58 and 59 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

3. in the event that occurs the maximum deadline established in the call for the resolution, without having issued and notified specifically, claims shall be ignored by administrative silence, in accordance with the provisions of article 25.5 of the law 38/2003 of 17 November, General subsidies.

Article 8. Resources.

Resolution of the procedure puts an end to the administrative procedure. Against it may be brought contentious resource to the Central Court of the contentious administrative within two months from the day following its notification, in accordance with articles 9.c) and 46.1 of law 29/1998, of 13 July, regulating the contentious - administrative jurisdiction or, optionally, appeal before the same body which issued the act within the period of one month from the day following to the notification, in accordance with the provisions of article 116 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Article 9. 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 thirty-five thousand euros (35,000) to none of them per year, limit which will be updated annually based on the CPI. Your subscription will be charged to budgetary application 22.101. 921O. 480, of the National Institute of public administration.

2. the possible extensions will be made subject to there sufficient and adequate budgetary provision in the budgets of the relevant years.

3 the prize money for each mode of subvention and on an individual basis will be the following: to) in scholarships: the amount of the scholarship will be 15,600 or 18,500 euros a year depending on activities that are going to develop. In research grants, the annual amount will be € 30,000.

(b) in subsidies for the realization of the doctoral thesis, the amount will be 18,000 euros per year.

(c) doctoral thesis awards at the amount will be € 6,000 for the first prize and 2,000 euros for the runner-up.

(d) study and research work awards at the amount of 9,000 euros for first prize, second prize 3,000 and 1,500 euros for the third prize.

4. the amounts referred to in the previous number for each type of subsidy may be increased in successive calls in a maximum amount of 10 per cent.

5 payment of scholarships will be made monthly and payment of prizes after the subsidised activity, proceeding in any case retention on account of the tax on the income of physical persons.

6. the awards may only be granted to unpublished works, thus being incompatible with any kind of subsidy. The enjoyment of the scholarships will be incompatible with that of any other assistance or public or private grant of similar characteristics, as well as the perception of unemployment benefits.

Article 10. Obligations of the beneficiaries.

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.

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

(c) submit, before the end of the period of duration of the scholarship, the research project or the report on the work done and the results obtained, including conformity or approval of the corresponding tutor.

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

(e) accredit be familiar in the fulfillment of tax obligations and Social Security under the terms laid down in the regulations.

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

Article 11. Revocation and reinstatement of subsidies.

1. the Director of the INAP may, at any time, by a reasoned ruling, revoke the support provided if the bidder failed to comply properly training tasks or assigned research or the General rules of functioning of the body.

2. in the event 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 of grants, shall be the full refund when the beneficiary fails to comply with completely and utterly the conditions imposed for the granting and the implementation of the grant. In the event of partial non-compliance, the National Institute of public administration will assess the degree of development of scientific research, as well as the period of execution of this task, proceeding the reinstatement on the part of research not carried out.

Article 12. Disclaimer the granted subsidy.

In the case of waiver of the granted subsidy, the successful tenderer shall submit an application based, addressed to the Director of the INAP, who will resolve whether the total or partial refund of amounts received or only cancellation of outstanding tickets. Similarly, if applicable, it awarded 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 13. 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.

Transitional provision sole. - transitional regime of the convocations in force.

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

Repealing provision unique. - repeal legislation.

Hereby repealed the order APU/1614/2006, of 11 may, by which approve the regulatory bases for granting awards for work study and research on matters related to public administrations.

Final disposition only. - entry into force.

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

Madrid, December 22, 2008.-the Minister of public administration, Elena Salgado Mendez.