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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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TEXT

Among the competencies and functions assigned to the National Institute of Public Administration (INAP), by Royal Decree 1661/2000 of 29 September, approving the Statute of the INAP, as amended by the Royal Decree 1320/2004, of 28 May, for which the basic organic structure of the Ministry of Public Administrations is developed, is included in its article 3.j) the carrying out of studies and multidisciplinary analyses on the institutions of the State and the Public administrations, with particular attention to the problems of governance in societies advanced democratic and institutional strengthening through collaboration, where appropriate, of universities, foundations and other public and private institutions that can contribute to the development of knowledge on government and Administration.

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 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 grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, grants, in the fields of training, study and research on the public administrations and institutions of the State, in particular, training or research grants for university graduates, grants for the development of doctoral theses, Research awards and awards for doctoral theses.

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 Ibero-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 is found at the end of the deadline for the submission of applications, under the conditions required by this order for access to 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. They may not suffer from any disease or physical or mental limitation which makes them unable to fulfil their obligations as a beneficiary of the grant.

4. The beneficiaries of the training or research grants shall be within the time limit for the submission of applications, in possession of the title of doctor, master, graduate, graduate, engineer or architect, issued by the institutions. Spanish academic or duly approved by the Ministry of Science and Innovation, within five years prior to the date of publication of the call. This last time limit will not be required in the case of research grants.

5. The beneficiaries of the grants for the preparation of doctoral theses shall be in possession of a degree of degree to which they enable access to postgraduate studies, approved or equivalent to undergraduate or graduate degrees. engineering, who have been admitted to a PhD program at any Spanish university.

6. The beneficiaries of the research awards may be both natural persons and work teams that bring together natural persons who are satisfied with the requirements set out in this Order.

7. The recipients of the doctoral theses must have read the doctoral thesis between 1 January and 31 December of the year to be established in the call resolution, in any of the Spanish or EU universities. European, and have obtained a "cum laudem" rating.

Article 3. Calls.

1. The procedure for granting grants shall be initiated on its own initiative, by means of a public call, to be approved by the Director of the National Institute of Public Administration and published in the "Official State Gazette", in which make express mention of 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.

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 and the maximum total amount of the grants within the available appropriations or the estimated amount of each of them.

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 the ninth article 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 instruction.

It is the instruction of the procedure to grant the grants to the INAP Publications Centre, which will verify the compliance with the requirements and will raise the documentation to the Valuation Commission. It will raise the proposal for a duly motivated interim resolution to the Director of the National Institute of Public Administration, which will be responsible for its resolution.

Article 5. Valuation fee.

A Valuation Commission will assess the merits of the applicants and propose the provisional award of the grants.

The Commission, appointed by the Director of the INAP, will be composed of a president and four members elected among the officials of the INAP Centers. Among them, he will act as secretary, with voice and vote, an official from the A1 group of the Publications Centre.

Article 6. 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 training and research grants:

a) The academic record, which will be valued up to a maximum of 20 points.

b) Qualifications accredited in Political Science and Public Law, Biblioteconomics and Documentation, Information Technologies and/or Assimilated, up to a maximum of 20 points.

c) Participation in research projects and publications in the field of Public Administration and experience in similar positions, 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 aid for the realization of doctoral theses:

a) The academic record, up to 20 points.

b) The interest of the proposed research, up to 40 points.

c) Scientific quality, up to 30 points.

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

e) Previous studies or jobs related to the help object, up to 5 points.

2.3 In the awards for doctoral theses:

a) The academic record, up to 10 points.

b) The interest, and the innovative nature of the content in relation to the organization and operation of the Public Administrations, up to a maximum of 30 points.

c) The scientific-technical quality, the rigor in the analysis and in the elaboration of conclusions, up to a maximum of 30 points.

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

2.4 At the awards for study and research work:

a) The interest, relevance and innovative character of the content and match with the priority themes indicated in the call, 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 7. 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 Director of the National Institute of Public Administration by awarding the grants to their holders and by approving the list of candidates who, following the order of score obtained, will replace the holders, in the event that any of the holders of such a waiver, shall notify the beneficiaries 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 Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations Common Administrative Procedure.

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 8. 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 9. Amount and compatibility of the grants.

1. The amount of the grants shall be based on the form of activity which is subsidised and shall not exceed any of them the amount of EUR 30 million and EUR 5 000 (35,000). annual, limit that will be updated every year according to the CPI. The payment will be made under budget implementation 22.101.921O.480 of the National Institute of Public Administration.

2. Possible extensions shall be made subject to sufficient and adequate budgetary allocation in the budgets for the years concerned.

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

(a) In training grants: the amount of the grant will be EUR 15,600 or EUR 18,500 per year depending on the activities to be carried out. For research grants, the annual amount shall be EUR 30,000.

(b) In the case of aid for the completion of doctoral theses, the amount shall be EUR 18,000 per year.

c) In the awards for doctoral theses the amount will be 6,000 euros for the first prize and 2,000 euros for the accesit.

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

4. The amounts identified in the previous number for each grant mode may be increased in successive calls by a maximum of 10%.

5. The payment of the grants will be made monthly and the payment of the prizes after the subsidized activity, proceeding in any case the withholding tax on the Income Tax of the Physical Persons.

6. The prizes can only be awarded for previously unpublished work, and therefore incompatible with any kind of subsidy. The enjoyment of the grants 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.

Article 10. Obligations of the beneficiaries.

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 awarded within the deadlines and conditions specified in the call.

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

(c) Submit, before the end of the duration of the grant, the research project or the report on the work performed and the results obtained, including the conformity or approval of the relevant guardian.

d) 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.

e) Credit to be found in compliance with your tax and social security obligations under the terms of the current regulations.

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

Article 11. Revocation and reimbursement of grants.

1. The Director of the INAP may, at any time, by means of a reasoned decision, revoke the aid granted if the successful tenderer fails to fulfil the necessary training or research tasks or the general operating rules of the body.

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 execution of the grant. In the event of partial non-compliances, 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, by proceeding with the research not performed.

Article 12. Waiver of the grant awarded.

In the case of waiver of the grant awarded, the successful tenderer must submit the appropriate substantiated application, addressed to the Director of INAP, who will decide whether the full or partial refund of the amounts should be or only the cancellation of pending fertilisers. 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 13. 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 transitional provision-Transitional arrangements for the calls in force.

Training grants and research awards 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/1614/2006, dated 11 May, is hereby repealed, approving the regulatory basis for the award of prizes for study and research work in matters related to Public Administrations.

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, December 22, 2008. -Minister of Public Administrations, Elena Salgado Méndez.