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Royal Decree 774/1997, Of 30 May, Which Establishes The New Regulation Of The Institute Of Women.

Original Language Title: Real Decreto 774/1997, de 30 de mayo, por el que se establece la nueva regulación del Instituto de la Mujer.

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TEXT

By Royal Decrees 839/1996 of 10 May, and 1888/1996 of 2 August, the basic organic structure of the new Ministry of Labour and Social Affairs was established. It is therefore necessary to restructure the Autonomous Body of Women created by Law 16/1983 of 24 October, formerly dependent on the suppressed Ministry of Social Affairs and which is now attached to the new Department, through the Secretariat General of Social Affairs.

The review of the Agency is carried out in compliance with the provisions of the third final provision of the aforementioned Royal Decree 839/1996, and in use of the authorization conferred on the Government by Article 76 of Law 42/1994, 30 December, Fiscal, Administrative and Social Order Measures, following the same criteria of rationality, effectiveness and decrease in public expenditure that have been present in the restructuring of the ministerial departments.

In its virtue, on the proposal of the Ministers of Public Administrations and of Economy and Finance, in agreement with the Ministry of Labor and Social Affairs and with the Council of State and after deliberation of the Council of Ministers in their meeting on 30 May 1997,

D I S P O N G O:

Article 1. Nature and legal status.

1. The Women's Institute is an autonomous administrative body attached to the Ministry of Labour and Social Affairs through the General Secretariat for Social Affairs.

2. The Institute has its own legal personality and ability to act in order to comply with its aims and is governed by the provisions of Law 16/1983 of 24 October, which created it, in the General Budget Law and in the other provisions of application to the autonomous bodies of the General Administration of the State.

Article 2.

They are the aims of the Women's Institute:

1. The promotion and promotion of the conditions for the social equality of both sexes.

2. The promotion of the full participation of women in political, cultural, economic and social life.

Article 3. Functions.

For the purpose of fulfilling its aims, the Institute of Women is empowered to develop, in the field of state competence in this field, the following functions:

1. To study the situation of Spanish women in legal, educational, cultural, sanitary and sociocultural fields.

2.a Collect information and documentation on women, as well as the creation of an updated database to serve as a basis for the development of the Institute's functions and competencies.

3. Develop reports and promote measures that will help to eliminate existing discrimination against women in society.

4.a Follow the current regulations and their application in the field that is the competence of this Institute.

5.a Preside advice and collaboration with the Government to achieve the goals set out in Law 16/1983 of 24 October.

6.a Coordinate the work to be carried out by the different Ministries and other organizations specifically related to women.

7.a Manage the resources of any order that are assigned to you for the fulfillment of your purposes.

8.a Establish relations with non-governmental organizations at the state level and seek to bind the Institute to the respective international organizations, according to the Ministry of Foreign Affairs.

9. To foster relations with international organizations dedicated to the related matters and of interest of the Institute, according to the Ministry of Foreign Affairs.

10. To establish relations with the institutions of similar nature and the like of the Autonomous Communities and the Local Government, in particular through the Sectoral Conference and other existing cooperation bodies in this material field.

11. Encourage the provision of services in favour of women and, in particular, those aimed at those who have a particular need for assistance.

12. To receive and channel, in the administrative order, complaints made by women in specific cases of discrimination in fact or in law on grounds of sex.

13. To carry out any activities that are necessary for the achievement of the above objectives, within the ratings granted by the implementing regulations to the autonomous organizations and by the General Budget Law.

The exercise of the functions attributed to the Institute of Women is understood, in any case, without prejudice to the powers that Royal Decree 1888/1996, of 2 August, confers on the organs and units of the Ministry of Labour and Social Affairs.

Article 4. Decision-making bodies.

They are the Institute's governing bodies:

a) The Rector Board.

b) The Director General.

Article 5. The Governing Council.

1. The Governing Council shall be constituted as follows:

(a) President: The Minister of Labour and Social Affairs, who will be able to delegate his duties to the Secretary-General for Social Affairs.

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

c) Vocals: A representative of each of the following Ministries with category, at least, of Subdirector General:

1.o Foreign Affairs.

2.o Justice.

3.o Defense.

4.o Economy and Finance.

5.o Interior.

6 Education and Culture.

7.o Industry and Energy.

8.o Agriculture, Fisheries and Food.

9.o Presidency.

10. Public Administrations.

11. Health and Consumer Affairs.

12. Environment.

(d) Six vowels, appointed by the President of the Governing Council, on a proposal from the Vice-President, among persons with accredited personal or professional career in favour of equal rights of both sexes

e) He will act as Secretary, with a voice and without a vote, the Secretary General of the Institute.

2. They will be the functions of the Rector Council:

(a) To implement the policy of coordination of the various ministerial departments in relation to women and to study the objectives to be achieved by the Institute.

b) Approve the Agency's annual action plan, which will be presented by the Agency's Director-General.

c) Approve the annual memory on the management and operation of the Agency.

d) Approve the Agency's preliminary draft budgets for both activities and investments.

3. The Governing Council shall operate in plenary and in the Standing Committee.

Article 6. Standing Committee.

1. The Permanent Commission shall be chaired by the Director-General of the Institute and shall be composed of five of the Vocals representatives of the Ministries and four of the Free-Designation Vocals of the President of the Board of Directors of the Governing Council. as Secretary of the Institute.

Members of the Standing Committee shall be appointed by the Governing Council, on a proposal from the Director-General of the Institute.

2. It shall be for the Standing Committee:

(a) Adopt the necessary measures for the achievement of the Institute's objectives.

b) To know and to raise the annual activity memory and the preliminary draft budget of the Agency to the Council.

(c) To approve the specific actions which, in the field of promotion and promotion of equality of both sexes and the participation of women in political, cultural, economic and social life, concern the Institute.

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

Article 7. The Director-General.

1. The Director-General of the Women's Institute is appointed and separated by Royal Decree agreed in the Council of Ministers, on the proposal of the Minister of Labour and Social Affairs.

2. Corresponds to the Director General:

(a) To exercise and to develop the functions of directives which are not expressly entrusted to the Governing Council and to assume the administrative direction of the Institute.

b) Ostend the representation of the same.

c) Assume the disposition of expenses and the ordering of payments.

(d) Grant, on behalf of the Agency, the public and private contracts necessary for the development of its functions.

e) Manage, manage and collect the economic rights of the Autonomous Body itself.

f) Develop the preliminary draft budgets and prepare the annual report on the activities of the Institute.

g) to exercise, in the field of personnel, the powers conferred upon him as Director of the Autonomous Body.

h) How many functions are delegated to them by the Rector Council and its Permanent Commission.

3. The Director-General of the Agency shall be temporarily replaced, in the case of vacancy, absence or illness, by the Deputy Directors-General, in the same order in which they appear in the structure established by this Royal Decree.

Article 8. Basic organic structure.

1. The Women's Institute is structured in the following units with an organic level of Subdirection General:

(a) General Secretariat.

b) Subdirectorate General for Studies and Cooperation.

c) General Subdirection of Programs.

2. General Secretariat.

Corresponds to the General Secretariat:

(a) The administration and training of staff, as well as social action aimed at improving their conditions of employment.

b) Budgetary and economic management, as well as general, budgetary and analytical accounting.

c) The internal system, the management of the computer system and the improvement of the organization and the working methods.

d) The development of reports in the areas of their competence and the technical and legal assistance of the Agency, without prejudice to the specific powers of the State Legal Service.

e) The address of the Women's Documentation Centre, as well as the collection, examination and planning of the documentation on this subject.

3. Deputy Directorate-General for Studies and Cooperation.

This Subdirection General corresponds to:

(a) The direction and coordination of the Women's Rights Information Centres, the management of which corresponds to the Institute.

(b) Cooperation with the institutions of the same nature as the Autonomous Communities and Local Authorities, as well as with non-governmental organisations, which carry out activities in the field of the competences of the Institute.

(c) The processing and management of calls for grants and aid, as well as the review, monitoring and economic-financial control, without prejudice to the powers of the General Intervention of the State Administration, of the grants awarded to non-governmental organisations and the agreements concluded with Autonomous Communities and Local Entities.

d) The planning, promotion, implementation and coordination of studies and research on the situation of women.

e) The analysis and assessment of indicators and statistics on the status of women, as well as the maintenance of a database to support the development of the Institute's functions and competencies.

f) The evaluation and monitoring of women's equal opportunities plans.

4. Sub-Directorate General of Programmes.

This Subdirection General corresponds to:

(a) The planning and development of activity programmes, for their development by the Institute of Women or by other institutions, public or private.

b) Coordination with other ministerial departments or public administrations, for the development of actions that promote equal opportunities for women.

c) The monitoring of national plans, in the fields of education, training, health and social services, in all aspects affecting women.

d) The relationship with international public and private bodies, through the Ministry of Foreign Affairs, and the promotion of development cooperation.

e) The publication and dissemination of surveys, studies and reports on women.

f) Relations with the media, the development of advertising campaigns and the handling of complaints.

5. The Delegation of the General Administration of the State shall be assigned to the Institute of Women, with the level to be determined in the corresponding employment relationship, which shall carry out the duties of its task and act coordinated with the Department's Delegate Intervention.

Article 9. Goods and economic resources.

The assets and economic resources of the Women's Institute are as follows:

1. Goods and securities which constitute their assets and the products and income thereof.

2. Transfers and grants which are recorded annually in the General Budget of the State.

3. The revenue of public and private law to be collected.

4. Grants, voluntary contributions or donations which are awarded in their favour by public or private persons, and the legacies which may be obtained and which are validly accepted.

5. Any other resource that may be legally attributed to you.

Additional disposition first. Removal of organs.

The following units are deleted with General Subdirection level:

(a) Subdirectorate-General for Cooperation.

b) Subdirectorate General for Studies and Documentation.

Additional provision second. Regime of the collegiate bodies.

The collegiate bodies provided for in this Royal Decree are governed by their specific provisions and, as far as is not foreseen, by the rules contained in Chapter II of Title II of Law 30/1992, of 26 November, of Legal Regime of the General Administration and the Common Administrative Procedure.

Single transient arrangement. Units and jobs with an organic level lower than Subdirección General.

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 of work in the organs deleted by this Royal Decree will be provisionally attached, by Resolution of the Director General of the Agency, until the new relationship of posts, to the bodies governed by this Royal Decree, in the light of the powers 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 1456/1984 of 1 August, approving the Regulation of the Autonomous Body Institute of Women, as amended by Royal Decree 979/1989 of 28 July.

Final disposition first. Powers of development.

The Minister of Labor and Social Affairs is authorized to take the necessary measures for the development and implementation of this Royal Decree.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out the necessary budgetary changes for the fulfillment of the provisions of this Royal Decree.

Final disposition third. 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 to May 30, 1997.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ