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Royal Decree 486/2005, Of 4 May, Which Approves The Statute Of The Autonomous Body Instituto De La Juventud.

Original Language Title: Real Decreto 486/2005, de 4 de mayo, por el que se aprueba el Estatuto del organismo autónomo Instituto de la Juventud.

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TEXT

The basic organic structure of the Ministry of Labour and Social Affairs was approved by Royal Decree 562/2004 of 19 April, and subsequently developed by Royal Decree 1600/2004 of 2 July, which in its article 1.6 collects the membership of the autonomous body Institute of Youth to the head of the department.

The autonomous body Instituto de la Juventud was created by Royal Decree 1119/1977, of 20 May, which integrated it into the Presidency of the Government through the Secretariat of Family, Youth and Sport, with the functions of management of the centres, services and establishments of the State in the service of youth, activities in favour of young people and study and investigation of youth issues. It was a large number of young people, whose development and management of the tasks entrusted to them was attributed to the Youth Institute five sub-directorates-general.

After its membership in different ministerial departments and various variations in the objectives and functions of the organism derived mainly from the transfers in the matter to the autonomous communities, the Royal Decree 565/1985, of 24 April, establishing the basic organic structure of the Ministry of Culture and its autonomous bodies, in its title V, develops the nature, purposes and functions of the Youth Institute, according to the criteria general simplification and rationalisation of the administrative structures and containment of the public expenditure.

Royal Decree 2614/1996, of December 20, of organic structure and functions of the Youth Institute, establishes the current regulation.

Later, and in compliance with the provisions of the third transitional provision of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, Article 60 of Law 50/1998, of 30 December, of fiscal, administrative and social order measures, granted to the Youth Institute the status of an autonomous body provided for in Article 43.1.a) of that Law 6/1997 of 14 April, and adapted its system The legal basis for these in the law is therefore necessary to transfer the forecasts for regulatory regulation of the Institute.

At present, it is necessary to redefine the aims of the Institute on the basis of the present needs of the young population in order to be able to implement government policies in this field, based on values of solidarity and equality, and seek the conditions for the participation of young people in the political, social, economic and cultural development of Spain.

The restructuring of the agency is carried out under the provisions of article 63.2 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, following the same principles of rationality and effectiveness that have been present in the recent restructuring of the ministerial departments.

In its virtue, at the initiative of the Minister of Labour and Social Affairs, on a proposal from the Ministers of Public and Economic Affairs and Finance and after deliberation by the Council of Ministers at its meeting on 29 April 2005,

DISPONGO:

Single item. Approval of the Staff Regulations.

The Statute of the autonomous body Institute of Youth is approved, the text of which is inserted below.

Additional disposition first. Appointment of the Director-General of the Youth Institute.

The appointment of the Director-General of the Youth Institute may be carried out, in the light of the specific characteristics of the functions of the body, among personnel who have both the status of a career official of the State, of the Autonomous Communities or of the local entities to which the title of Doctor, Licentiated, Engineer, Architect or equivalent is required for their entry as between that other who does not meet that official status.

Additional provision second. Removal of organs.

The Program and Activities General Subdirection is deleted.

Single transient arrangement. Units and jobs with lower organic level to General Subdirection.

The units and jobs with lower organic level to the general sub-directorate will continue to remain and will be paid from the same budget appropriations until the employment relationship is approved. adapted to the organic structure of this royal decree. Such adaptation may in no case lead to an increase in public expenditure.

The units and posts referred to in the preceding paragraph shall be provisionally attached, by means of a decision of the Director-General of the Youth Institute, until the new employment relationship between the work, to the bodies regulated in this royal decree, depending on the privileges assigned to them.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Royal Decree and, in particular, Royal Decree 2614/1996 of 20 December, of organic structure and functions of the Institute of the Youth.

Final disposition first. Powers of development.

The Minister of Labor and Social Affairs is authorized to take the necessary steps to develop and implement this royal decree, after the appropriate legal procedures have been completed.

Final disposition second. Entry into force.

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

Given in Madrid, on May 4, 2005.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

STATUTE OF THE AUTONOMOUS BODY INSTITUTE OF YOUTH

Article 1. Nature and legal status.

1. The Youth Institute is an autonomous body attached to the Minister of Labour and Social Affairs provided for in Article 43.1.a) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

2. The Youth Institute has its own distinct public legal personality, its own assets and its own treasury, as well as autonomy of management and full legal capacity, and within its sphere of competence, the powers of the Institute precise administrative arrangements for the fulfilment of its purposes, in accordance with the terms laid down in this Statute, except for the expropriation of power.

3. The autonomous body Instituto de la Juventud will be governed by Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State; by Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure; by the recused text of the Law of Contracts of Public Administrations, approved by the Royal Legislative Decree 2/2000, of June 16; by Law 47/2003, of November 26, General Budget; by Law 33/2003 of 3 November of the Heritage of Public Administrations; by this statute, and other legal provisions applicable to the autonomous bodies of the General Administration of the State.

4. The Ministry of Labour and Social Affairs is responsible for the strategic direction, evaluation and control of the results of its activities; it is also responsible for effective control, without prejudice to the control established by the law. 47/2003, of 26 November, General Budget.

Article 2. General principles and purposes.

1. The action of the Youth Institute shall be chaired by the following three general

:

a) Promote equal opportunities among young people.

b) To promote the free and effective participation of youth in the political, social, economic and cultural development of Spain.

c) Promote collaboration with the other ministerial departments and other public administrations, whose activities have an impact on this sector of the population.

2. Following these principles, their aims are:

a) The promotion of youth associationism and collaboration for their advancement.

b) The development and coordination of a youth information and communication system.

c) The promotion of international relations and cooperation in the field of youth.

d) The cultural promotion of youth and the knowledge of other cultural realities.

e) The promotion of training in the values of solidarity and equality.

f) The development of the social and political conditions necessary for the emancipation of young people.

g) The promotion of actions that result in sustainable development and healthy living habits of youth.

h) In general, the implementation of the policies of the department with respect to youth.

Article 3. Functions.

1. In order to fulfil its aims, the Youth Institute is empowered to develop, in the field of state competence in this field, the following functions:

a) The development of cooperation with public administrations in the field of youth.

b) The promotion of communication, exchanges and mobility of Spanish youth at national and international level.

c) The analysis and research of youth reality.

d) The promotion of the participation of the Youth Council of Spain and of young people in general in the design, implementation, monitoring and evaluation of the Government's youth policies.

e) The promotion of territorial cooperation in the development of youth policies.

f) The provision of any other appropriate services for the fulfilment of their specific purposes.

2. The exercise of the functions attributed to the Youth Institute is understood, in any case, without prejudice to the competences that Royal Decree 1600/2004, of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs, confers on other organs and units of the department and, in particular, the Technical General Secretariat on the monitoring and coordination of the activity of the department in relation to relations

Article 4. Governing bodies.

The Youth Institute is structured in the following governing bodies:

a) The Presidency.

b) The Rector Board.

c) The General Address.

Article 5. The Presidency.

1. The holder of the Ministry of Labour and Social Affairs holds the office of President, who may delegate his duties in accordance with Article 13 of Law No 30/1992 of 26 November 1992 on the Legal Regime of the Public administrations and the Common Administrative Procedure.

2. Corresponds to the President:

(a) The senior management of the Youth Institute and the Presidency of the Governing Council.

b) Approval of the body's overall activity plans.

Article 6. The Governing Council.

1. The Governing Council is a ministerial-level collegiate body with representation of youth associations, for participation in government youth policies.

Their actions will be governed by the provisions of Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The Governing Council shall operate in full and in the Standing Committee.

2. The Rector Board shall be composed of the following members:

a) The post of President shall be held by the holder of the Ministry of Labour and Social Affairs.

b) The Director General of the Institute will be Vice-President.

c) They will be vocal by the Youth Institute:

1. The Secretary General.

2. The Director of the Program Division.

3. The Deputy to the General Address.

4. 4. Four representatives appointed by the Director of the Institute of their technical staff.

d) They will be members of the Youth Council of Spain:

1. The President.

2. A Vice President.

3. 4. Four youth representatives appointed by the President of the Council, among or outside their members.

(e) The President of the Board of the Governing Council may invite experts to participate in the meetings of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of the Board of Assembly. who will act with voice but no vote.

f) He will act as Secretary, with a voice and without a vote, an official appointed by the Director General of the Youth Institute.

3. The Standing Committee shall be chaired by the Director-General of the Youth Institute. The President of the Youth Council of Spain and as members, the Director of the Programme Division, together with two other representatives of the Institute, appointed by its Director General, will act as Vice-President, from among the four Part of the plenary session, and two of the members ' representatives appointed by the Youth Council of Spain, equally among the four members of the plenary. The Secretary will be the same as the plenary session of the Governing Council.

4. These are the functions of the plenary:

a) Articulate the participation of young people in the design, implementation, monitoring and evaluation of youth policies.

b) Approve the body's annual plan of action.

c) Approve the management and operation memory of the organism.

d) Promote studies and actions aimed at encouraging the free and effective participation of young people.

e) Vellar for the fulfillment of the government's youth policies.

5. They are functions of the Standing Committee:

(a) Adopt the necessary measures to comply with the principles and purposes of the Institute.

b) To know and to raise the annual memory of the body's activities to the Board of the Council.

c) To propose to the plenary of the Governing Council the concrete actions which, in matters of promotion and promotion of equality and the participation of young people in political, cultural, economic and social life, concern the Institute.

d) How many functions are delegated by the Rector Board.

6. The allowances payable for assistance to the plenary session or to the Standing Committee shall, where appropriate, be governed by the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for service reasons.

7. Against decisions and acts of procedure of the Governing Council, the resources referred to in Article 107 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Administrative Procedure may be brought in. Common.

Article 7. The Director General.

1. The Director-General of the Youth Institute, who will exercise his legal representation, will be appointed and separated from his position by Royal Decree agreed upon in the Council of Ministers, on the proposal of the Minister of Labour and Social Affairs.

2. The Director-General of the Youth Institute shall assume the powers of planning, management, control and inspection of the activities of the body for the performance of its purposes and, in particular, the following:

a) The management of the body's staff.

b) The implementation of the Institute's overall action plans.

c) Recruitment on behalf of the body and the provision of expenses up to the legally established limit, as well as the ordering of payments.

(d) The granting of grants, grants and the subscription of collaboration agreements, with a view to the budgets of the Institute, for the purpose of fulfilling their objectives.

e) Vellar by applying gender perspective and non-discrimination for any reason in all policies aimed at young people.

f) The presidency of the Spanish Agency for the Community Action Programme "Youth".

g) The address of the body's external and internal communication.

h) The coordination of relations with the Youth Council of Spain.

i) The accountability to the Court of Auditors, in accordance with budgetary regulations.

j) The approval of the preliminary draft budgets.

k) The elaboration and proposal of the annual plan of action.

l) The elaboration of the management and functioning memory of the body.

3. The Director-General of the body shall be temporarily replaced, in the case of a vacancy, absence or sickness, by the holders of the management bodies with a general sub-directorate level, in the same order as they appear in the structure established by this Royal Decree.

Article 8. Basic organic structure.

1. The following management bodies are responsible for the Directorate-General at the level of Subdirectorate-General:

a) The General Secretariat.

(b) The Subdirectorate-General for Internal and Foreign Cooperation.

2. It is up to the Director General of the Eurolatinoamerican Youth Centre, located in Mollina (Malaga), as a centre for the meeting and exchange of youth organisations and groups from Spain, the rest of Europe and Latin America.

3. It is also up to the Director-General, with the organic level to be determined in the employment relationship, the Division of Programmes, which shall exercise the functions provided for in Article 11.

4. The Youth and Children's Interministerial Commission for Youth and Children will be attached to the Youth Institute, which will be governed by its specific rules.

5. The internal control of the economic and financial management of the Youth Institute shall be carried out by the Delegated Intervention, with the organic level to be determined in the employment relationship, which shall be attached to the Director General, without prejudice to its functional dependence on the General Intervention of the State Administration in the terms set out in its specific legislation.

Article 9. The General Secretariat.

Corresponds to the General Secretariat:

a) The elaboration of the Institute's preliminary draft budget and its economic and financial management.

(b) Management in the field of staff of the body.

(c) The technical and legal assistance of the Institute, without prejudice to the specific powers of the State Legal Service.

d) The coordination and management of the services related to the internal and general affairs of the Institute, as well as the planning and coordination of its IT services.

Article 10. The Subdirectorate-General for Internal and Foreign Cooperation.

This Subdirection General corresponds to:

a) The promotion of youth associationism at the state level, in its different manifestations.

b) the implementation of bilateral and multilateral cooperation programmes and the coordination of the Spanish participation in the international youth bodies in which the Institute is to participate, without prejudice to the powers of the Technical General Secretariat of the Ministry of Labour and Social Affairs in the field of international relations, referred to in Article 3, and corresponding to the Ministry of Foreign Affairs and Cooperation.

(c) The development of European Union programmes for young people, whose implementation is assigned to the Youth Institute.

d) The promotion and realization of activities and services aimed at the promotion of communication, exchanges and mobility of young Spaniards, at national and international level.

e) The development and management of programmes, activities and agreements aimed at promoting collaboration with public administrations and with other public and private institutions and bodies, whose activities have an impact on the youth.

f) The promotion of the participation of the autonomous communities, cities of Ceuta and Melilla and the Spanish Federation of Municipalities and Provinces in the Youth Plan, of other sectoral plans of the Government aimed at young people and of the government's youth policy, in general.

g) The implementation of relevant studies on the situation of rights and services to youth in the Autonomous Communities.

h) The management of the agency's grants.

Article 11. The Program Division.

This Division corresponds to:

a) The organization and management of the Youth Institute's programs.

b) The elaboration, publication and dissemination of surveys, studies and reports on youth.

the coordination of the participation of the Youth Council of Spain and other collectives in the design, development and control of youth plans and other sectoral plans of the Government aimed at young people, as well as the youth policy of the Government in general.

d) The promotion and development of a youth information and communication system, in collaboration with the Youth Council of Spain and other providers of this service, as well as with information and similar centres in other countries and international youth bodies.

e) The development of programmes that are supported by agreements or other forms of collaboration, for the co-management of activities included in youth plans.

(f) Assistance to the Director General in the tasks arising from the position of Vice-Chair of the Institute's Rector Board.

Article 12. Economic resources.

For the fulfilment of its purposes and in accordance with the provisions of Article 65 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, the Youth Institute shall have the the following resources:

(a) The assets and securities that constitute their assets and the products and income of this.

(b) Specific appropriations that are reported annually in the General Budget of the State.

(c) Current or capital transfers from government or public entities.

d) The ordinary or extraordinary income to receive.

e) Donations, legacies, and other contributions that are granted in their favor by public or private persons.

f) Any other resource that may be legally attributed to you.

Article 13. Estate regime.

The patrimonial regime of the Youth Institute will be established in Law 33/2003 of 3 November of the Heritage of Public Administrations.

Article 14. Staff scheme.

The official and labor personnel of the autonomous body Institute of Youth will be governed by the regulations on public service and labor law applicable to the rest of the staff of the General Administration of the State, the provisions of Article 47 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Article 15. Economic and financial regime.

The budgetary, economic, financial, accounting, intervention and financial control arrangements of the Youth Institute will be established in Law 47/2003 of 26 November, General Budget.

Article 16. Recruitment scheme.

The recruitment regime of the Youth Institute will be the one established in Article 49 of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State.

Article 17. Acts that deplete the administrative path.

The acts and resolutions of the Director-General of the Youth Institute, given in the exercise of the administrative powers conferred on them, put an end to the administrative procedure, in accordance with the provisions of the Additional provision 15th of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Against such acts, agreements and decisions to be brought before the Court of Justice, without prejudice to the replacement of the powers provided for in Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure.