Key Benefits:
The Ministry of Labor and Social Affairs, in the field of the functions that it has attributed, develops, through its various organs, a wide activity of study and research, in order to achieve greater knowledge of the situation in the areas of their competence and in support of decision-making and the planning, control and evaluation of their policies and actions. This study is carried out not only internally and with its own resources, but also through the recruitment of experts and specialized companies, as well as through collaboration with public and private institutions that share interests. of study and action. The different areas of the Department have competence in the field of studies in their own fields, and this function, or is included, among others assigned to the different management bodies, in Royal Decree 1600/2004, of July 2, by the development of the basic structure of the Ministry of Labour and Social Affairs, or is concrete in a specific unit for the development of this activity, as is the Subdirectorate General of Studies on Employment within the Secretariat General of Employment. In the case of Social Security, the recast text of the General Law of Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, in Article 5 (3), expressly instructs the Ministry of Labour and Social Affairs, the appropriate organisation of the services and institutions to carry out the legal, economic and statistical studies of social security and, in application of this, has been approved by Order TAS/3988/2004 of 25 November 2004, the administrative bodies are set up for the promotion of research on social protection and determines its composition and operation. In addition, self-employed bodies and bodies governed by the Ministry of Public Law are assigned, among the tasks assigned to them by their own rules of organisation, to the competence in the field of studies in their area of action. Therefore, the broad study activity that the Ministry develops and the competence to carry out and finance it among the different management centers, autonomous bodies and public law entities attached to it requires a appropriate coordination so that, with the participation of the various areas and with criteria of rationality and transparency, common priorities and objectives are set, combining interests and initiatives, avoiding gaps and duplication, and monitoring the fulfilment of the objectives set. This will result in an optimization of the technical and financial resources available and, in short, in a greater efficiency of the contribution of the study activity to the development of the policies of the Department. Studies and surveys carried out by the Ministry of Labour and Social Affairs are currently regulated by a Communication of 23 December 1996. The modifications operated in the organic structure of the Department, as a consequence of the Royal Decree 553/2004, of April 17, for which the ministerial departments are restructured, that it attributes new competences to the Ministry, and that it has been Subsequently, by Royal Decree 562/2004 of 19 April, approving the basic organic structure of the ministerial departments, and by Royal Decree 1600/2004 of 2 July, implementing the structure of the structure of the The basic organic of the Ministry of Labour and Social Affairs, make it necessary to adapt the mentioned Order communicated to the changes introduced and, in particular, to modify the composition of the Advisory Commission of Studies adapting it to the new organic structure of the Ministry and, in addition, understanding its necessity and usefulness as organ of advice, coordination and monitoring of this study activity, enhancing its performance in a way that effectively and effectively develops the aims for which it is intended. On the basis of all the above, with the prior approval of the Minister of Public Administrations, I have:
First. The Advisory Committee of Studies. -The Advisory Committee of Studies is a collegiate body, organized organically in the Subsecretariat of Labor and Social Affairs, in which all the areas of the Ministry are represented, with the purpose of advising and coordinate the study and research activities and verify the fulfilment of the objectives of the study.
It will be up to the Study Advisory Commission:
a) The setting of priorities and study objectives, based on the guidelines of the Department's policies.
b) Advice and coordination in the preparation of the Annual Studies Programme Project. c) The Report of the Project of Studies, prior to its elevation to the Minister for approval. (d) monitoring of the implementation of the approved studies programme and of the achievement of the objectives envisaged.
Second. Composition of the Study Advisory Committee. The composition of the Commission will be as follows:
President: The head of the Secretariat of Labor and Social Affairs, who will be able to delegate his duties to the Vice President.
Vice President: The head of the Technical General Secretariat. Vowels: A representative, with the organic level of Subdirector General or assimilated, of the Minister of State of the State of Immigration and Immigration, of the Ministry of Social Security, of the Secretariat of State of Social Security, of the Secretariat of State of Social, Family and Disability Services, the Secretariat, the General Secretariat for Employment and the General Secretariat for Equality Policies. Also, they will be Vocals: A representative, with the organic level of Subdirector General or assimilated, of the Youth Institute, of the Royal Patronate on Disability, of the National Institute of Social Security, of the Institute of Older and Services Social, Public Service of State Employment, National Institute of Safety and Hygiene at Work and the Institute of Women, as well as any other body, or any other managing body or common service of Social Security with competence in the field of studies and which is, according to its opinion, designated by the holder of the Secretary of State or General Secretariat to which he or she is attached. In addition, in view of the specific tasks assigned to them in the field of studies, the Deputy Director-General for Employment Studies and a representative, with an organic level of Deputy Director General or assimilated, of the Committee for the Promotion of the Social Protection Research, appointed by its President. He will act as Secretary, with voice and vote, the holder of the Subdirectorate-General for Socio-Economic Reports and Documentation.
Third. Operation of the Study Advisory Committee.
1. The Commission shall act in plenary and in the Standing Committee.
2. The plenary session will be:
a) Set the priorities and study objectives based on the guidelines of the Department's policies.
(b) Inform the Project of the Annual Program of Studies and, where appropriate, the revisions that are made, prior to its elevation to the Minister for approval, without prejudice to the provisions of paragraph 6. 3. (c) to monitor the implementation of the Programme of Studies and the achievement of the objectives set, and to approve the Annual Report of Studies. (d) To promote the dissemination of programmed studies and to propose the means to be used for this purpose, enhancing the use of electronic, computer or telematic support. (e) to receive information on the studies carried out as a result of a performance of the research carried out by the higher and managerial bodies, autonomous bodies, management bodies and common security services Social attached to the Ministry. (f) Know, study and report on matters raised by the Standing Committee.
3. The plenary session shall meet whenever convened by its chairman, or on a proposal from the Standing Committee, and at least once a semester: the first to report the annual study programme and the second to monitor it and, in its (a) to inform the Commission of any changes which may be necessary, without prejudice to the provisions of paragraph 6; and to set the priorities for the following year.
4. The Standing Committee, chaired by the head of the Subdirectorate-General for Socio-Economic Reports and Documentation, shall be composed of six Commission Vocals, appointed by the Plenary, on a proposal from the President, acting as Secretary-General. Official of the Subdirectorate-General for Socio-Economic Reports and Documentation, designated by its holder. 5. They will be the functions of the Permanent Commission:
(a) Examine all the information concerning the needs and objectives of the study of the different higher and managerial bodies, for the purpose of the preparation of the Annual Programme Project.
b) Examine the concrete proposals for studies of the various higher bodies and managers, and advise the Secretariat of the Commission on the evaluation of them. (c) To monitor compliance and coordinate the Programme of Studies, and to examine the contents of the Annual Report, in order to enable the Commission to carry out its tasks. (d) to know and examine the content to be disseminated and the means of dissemination of the Studies Programmes. (e) to advise on matters relating to studies which are subject to it by any higher or managerial body represented therein. (f) Carry out any action entrusted to it by the plenary of the Commission.
6. The Standing Committee shall meet when the tasks assigned to it so advise and, at least, on a six-monthly basis. Its meetings will be convened by its President.
7. Both the plenary and the Standing Committee will be able to agree on the creation of working groups for the study of the specific topics to be identified. The composition of these groups will be proposed by the Permanent Commission to the plenary session, which may be incorporated in the same persons of the Ministry that are not members of the plenary session or of the Permanent Commission, at the invitation of the President.
Fourth. Preparation and approval of the Studies Programme.
1. Before the end of October of each year, the Advisory Committee on Studies, based on the objectives of the study of the different areas and the guidelines of the Ministry's policies, will set the priorities of study to be taken into account. for the presentation of the concrete proposals.
2. Before 31 January of the year concerned, the Secretariat of the Commission shall seek from the higher and managerial bodies, self-employed bodies, management bodies and joint social security services attached to the Ministry's proposals. studies. On the basis of the proposals received, it will draw up a draft programme of studies, subject to evaluation. 3. The following criteria shall be taken into account for the evaluation of the proposals:
a) Degree of adequacy to the basic objectives and priorities of study established by the Advisory Commission of Studies.
b) Utility or relevance of the study in relation to the Action Programmes of the corresponding units. (c) Adequation of the intended cost to the objectives to be achieved. (d) Possibility of cost financing.
4. The Programme of Studies of each year to be submitted for the approval of the Minister, must be informed by the Plenary of the Advisory Committee of Studies before February 15 of the year concerned.
5. At all stages of the elaboration of the Study Programme, the Advisory Committee will maintain with the Committee for the Promotion of Social Protection Research the necessary communications to ensure effective coordination in the field of studies.
Fifth. Presentation and identification of the studies projects.
1. The proposals of the various higher bodies and managers, self-employed bodies, management bodies and common services of the Social Security attached to the Department must be presented, ordered according to priority, in the Filha de presentaciĆ³n de projects (Annex I), in which the following information is collected: (a) Promotional unit.
b) Project title or description. (c) Objective to be achieved with supporting memory. The relationship of the planned work with the Action Programmes of Unit (d) is expressly indicated. The expected date of initiation and duration of the work. (e) Form of proposed procurement or, where appropriate, agreement to subscribe. (f) Agent or intended agents. (g) Estimated cost. (h) Budgetary implementation of expenditure. i) Project supervisor.
2. An identification number shall be assigned to each project by the Secretariat of the Advisory Commission. Sixth. Certificate of inclusion in the Studies Programme.
1. The initiation of any study by the various Units will necessarily require it to be included in the approved annual programme of studies.
2. To this end, any proposal for expenditure must be accompanied by a certification that the study is included in the programme. 3. Those projects which, for duly justified reasons, do not appear in the approved programme, shall be expressly authorised, by delegation of the Minister, by the holder of the Deputy Secretary for Labour and Social Affairs, as President of the Advisory Commission of Studies, for its realization. The Advisory Committee for Studies shall be informed of these special authorisations at the first meeting of the plenary session held after them.
Seventh. Monitoring and control of the development of studies.
1. In accordance with the third subparagraph of paragraph 3, the plenary session of the Commission will be convened in the second half of the year in order to examine the situation of the development of the approved studies programme.
2. A copy of the contract, or a document supporting the award of the study, in the case of a minor contract, or a convention to the Secretariat of the Advisory Committee for Studies, shall be submitted to the study, or signed, to the study. The Supervisor appointed for each project will be responsible for issuing a final report after the study has been carried out. 4. Once the study has been carried out, a copy of the study shall be sent to the Secretariat of the Commission, which shall be in digital format wherever possible. In the case of multiannual studies, a technical report on the degree of project development and, where appropriate, the results obtained shall be submitted annually.
Eighth. Dissemination and publicity of studies.
1. With the documentation and information received, the Secretariat of the Advisory Committee for Studies shall draw up: (a) An annual report of the studies carried out or at the stage of implementation, with an explicit indication of the subjects, entities, undertakings or persons to whom have performed, cost of the studies, assessment and main results of the studies. (Report of the Study Programme: Annex II).
b) A database of Department studies. c) A documentary background of studies.
2. The Advisory Committee on Studies will promote the dissemination of studies by enhancing the use of telematic means to this end. Ninth. Financing. The Programme of Studies shall be financed from the budget headings which, for this purpose, are allocated to each of the higher bodies and managers, self-employed bodies and management bodies and common services of the Social security attached to the Ministry of Labour and Social Affairs.
10th. Legal regime.-In all the provisions of this Order in respect of the action of the Advisory Commission of Studies as a collegiate body, it will be applicable in this respect in Chapter II of Title II of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure. Eleventh. Public Expenditure: The operation of the Advisory Commission on Studies will not increase public spending, and it will be attended by the material and human resources currently available at the Department's Technical Secretariat. Twelfth. Regulation repeal-The Communicated Order of 23 December 1996, which regulates the conduct of studies and surveys by the Ministry of Labour and Social Affairs, is without effect.
13th. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.
Madrid, 23 September 2005.
SANCHEZ-CAPTAIN BOILER