Key Benefits:
Finally, and concluding the examination of the preliminary title of this Law, it must be reviewed as the economic-administrative path, as soon as the judicial process, extends its competence to the other matters to which it reaches the activity of the Public Finance, with the advantages inherent in the separation of resolution and management functions that is traditional in this branch of the Public Administration. In addition, this measure will allow, to complete the disconnection of the economic-administrative courts with respect to the owners of the management bodies, which, so important, has received in a thousand nine hundred twenty-four. However, the prudence that characterizes this Law, as has already been stated, bases a transitional provision that postpones the entry into force of the mentioned provision, until the economic-administrative path is restructed.
III. Public Finance as a creditor and debtor
The legal system of the Public Treasury as the holder of rights and obligations is established in the first title of this Law. Throughout its chapter, the principle of the unavailability of credits by the Public Administration is present, as it corresponds to the condition of the president that the political organization attributes to it. It is also important to emphasize the precepts that reproduce the prerogatives that any public finances are recognized in the matter of economic rights, and those that establish the subjection to surveillance and control by the Ministry of Finance of the operations constituting the administration of resources belonging to that. The receipt of provisions in force with one or other legal status, relating to the suspension of award procedures, the amount of interest for late payment and the prescription for the State of abandoned goods should also be noted. Financial institutions.
On the side of the obligations, the parity of the treatment of the Public Finance should not be deepened as a debtor with respect to the individuals, as well as the minor importance that this Law assigns to the lack of credit. When the correlative obligation of the Public Finance is to give a firm judicial judgment of any appeal.
IV. The General Budget of the State
According to the title of this Law, budgetary matters constitute an important part of its content. Articles forty-eight to ninety-one, both inclusive, refer to the budgetary institution in their regimes: the general and the special ones that govern for certain Autonomous Bodies and Societies of the State. The first of these mentioned is the General Budget of the State, which, among other developments, has the virtue of defining them as the sum of the Budget of the State and that of the autonomous administrative agencies of the State, approximating the Law, therefore, to the full reception of the postulate of the budget unit.
The regulation of the General Budget of the State is structured according to the three most significant phases of its cycle. The classification of public expenditure and revenue is the object of particular attention to the determined purpose of the budget document offering the most information from all angles in which it can be analyzed and prosecuted. The organic or administrative classification is maintained as the most appropriate for the traditional control of the implementation of the budget, while the economic, which is so interesting to measure the intensity and the sign of the activity of the public sector. The functional classification occupies a relevant place in the structure of public expenditures for the information it facilitates in order to the tasks performed by the State and its Autonomous Bodies, and which, in turn, allows to know the importance, the address and priorities in the services that the State and its Autonomous Bodies provide to the national community. To this last classification is added the one that groups the public expenses according to the programs that are put at the service of the objectives or ends that in each period are assigned to the activity of the State and its autonomous agencies. However, aware of the Law on the difficulties of a fully-funded programme, which is so important in technical terms, it provides for transitional measures, although several ministerial departments are already in place. apply these budgetary formulas in their investment expenditure. Finally, the geographical distribution of expenditure is devoted to the budgetary state of expenditure, not so much to analyse budget implementation from this approach as to adopt any territorial projection policy.
It is also noted that the information wealth that the documentation annexed to the General Budget of the State has to offer, which will illustrate the judgment of the legislative body that has to decide on them, and also, allow the critical examination of their insertion in the respective economic context, in union with those corresponding to the other Entities that make up the Spanish public sector. The documents which have been mentioned and the classifications of the states of expenditure and revenue referred to above will offer a comprehensive approach which, without the need for internal diversification, is already a coherent, reasoned and The Law of one of July of a thousand nine hundred and eleven was not enough of the budgetary activity to be carried out by the State and its autonomous organizations. It can therefore be concluded by stating that the traditional budgetary procedures are maintained, while at the same time advocating the techniques which the doctrine and the comparative law have drawn up avoiding any regulatory breaks that could compromise the reform itself of such a momentous institution, which is the budget.
Special mention must be made of the legal regime established for the budgets of the State's administrative autonomous agencies, which, although it constitutes a very positive step for its possible assembly with the State budgets in nothing must be an obstacle to the normal and effective functioning of those and without loss, therefore, of the responsible agility that presided over their delivery and their subsistence. The budgets of the self-employed bodies to be incorporated in the State Generals will dispense with the development or small scale required by the postulate of the budget speciality in its two aspects, both qualitative and quantitative, but without However, they will provide the necessary classification and detail to know the extent and sit corresponds to a modern Public Finance, according to the nature of the operations or natural or legal persons, public or private, to the It is in the general interest that the State must interpret or, where appropriate, protect with respect for the initiatives and rights that are recognized, the economic and private units according to our Fundamental Laws. In this sense, the financial and tax inspections are defined, highlighting the importance that the first one has already acquired as a consequence of the dimension and transcendence of the activities that affect the system financial or national economy in general. And all this without prejudice to the oversight functions assigned to the General Intervention of the State Administration.
In the progressive line that this Law pursues with natural prudence, there is the control of effectiveness that in its text it welcomes. The evaluation of public inv gnificance of the respective public expenditure, as well as to recast the analytical states of each Autonomous State Agency, in which the said State is satisfied. principle, and consequently, it plays the limiting function which is consummated to the document budget.
It is also significant that the principle of budgetary legality is exceptionable to the inevitable service of economic policy, since both the credit for economic action and the non-availability of Capital operations loans may only be administered by the government in very speciting documentation.
Special mention requires the extension of the content of the General Account of the State, which in its traditional correlation-material and formal-with the budget document will comprise all budgetary operations, assets and treasury, so that the Court of Auditors of the Kingdom and the Spanish Courts, analyze and prosecute the activity of the State and all its autonomous organizations, in addition to the state societies, as corresponds to a State that proclaims their submission to the constituted right.
XI. Social Security
The subjective extension and the economic-financial transcendence that Social Security has acquired in recent years justify its presence in a General Budget Law. The right of the Spanish to the Social Security that establishes our Fundamental Laws is developing with firm and progressive criteria. Social insu regulates in Articles eighty-eight to ninety-one, both inclusive, with the specific regime that the funds They always demand and, above all, when they come from envelopes included in the General Budget of the State.
VI. The State Administration's intervention
The role of the general and autonomous administration of the State is regulated in the third title of the Law, which limits itself to extracting the most outstanding aspects from the current legal order, while at the same time defines its different modalities, at all times trying to systematize it and to point out the ways of further development or enlargement with respect to certain autonomous organizations of the one. With the flexibility to be characterised by the control of industrial, commercial or financial activities carried out by such bodies, prior or critical intervention by audit procedures is replaced, unless those procedures are (a) on the basis of budgetary allocations of a limited nature.
VII. From public borrowing
The indebtedness of the state and its autonomous organizations is subject to regulation with eminently realistic criteria. Without abandoning the legal treatment of traditional public debt, that is, the one that is represented in securities, the other forms of indebtedness which, in particular, use the autonomous bodies of the European Union, are introduced into this Law. State. Short term or campaign credit operations and other non-documented debt securities transactions have just been alluded to, which, by reason of their characteristics and temporal scope, may be classified as between the operations of Treasury.
The normative recognition of the public credit that camped out of the strict Public Debt has been understood to be unavoidable, as it is thus subject to the appropriate regulation that disclaims organic competencies for its contraction and requires that, in any event, the funds obtained are entered in the public treasury, without prejudice to the budgetary implementation that is appropriate. In other words, without the detriment of a regulation of the various public debt procedures, it cannot be ignored that the modern activities of the State and its autonomous bodies are designed as a means of financing and its legal order must be configured.
VIII. Of the endorsements
In recent years and under the provisions of the Budget Laws, the State and its autonomous bodies have acquired importance and have taken root in the case of foreign credit operations or internal. It was therefore appropriate for its regulation to be uniform and, furthermore, to respond to the principle of legality which must inform the financial performance of the public sector on all orders. This is done by the Law in the five articles that it dedicates to this matter and which are included in the title relating to the Public Treasury, considering that although the guarantor is, ultimately, the State, the practice of these operations tends to personify these guarantees as well as by the Public Treasury.
Important and inexcusable measure of defense of the interests of the Public Finance is to extend its financial control function, with respect to the investments that will be made by the State, as well as the solvency of the debtors subject to such guarantees.
IX. The Public Treasury
It has been stated that this Law is fundamentally innovative, and at the service of this purpose the Public Treasury is regulated in its double functional and without loss of its irreversible unitary conception. The unit of Caja was the prerequisite and conditioning of the budgetary discipline, and continues to be the strongest support of it. Thus, the Public Treasury is defined, without prejudice to the multipliquating of the access routes of the income, both through all kinds of documents, in turn, and by authorizing the collaboration of Bank Entities and assimilated for the reception of those on behalf of the Treasury.
Among the functions that are classified as modern Treasury Public the Law regulates the issuance and reimbursement of the Treasury Bonds, as well as the sterilization of the cash with them obtained, as an instrument to the service the convenient liquidity of the national financial system. It is also in this line that the Treasury's intervention in the capital, securities, and foreign exchange markets is in place, even though the execution of this policy is not a private one, but, at last, the Treasury is the target institution of the results, positive or negative, of such operations. In summary, it can be stated that this Law contains a systematic ordination of the Public Treasury and of which it has so far lacked.
Finally, the institutionalization of the monetary budget of the public sector should be noted, as provided for in Article 100 of this Law.
X. Public accounting
Whatever the scientific or technical level assigned to accounting in general and the public in particular, remains the irreplaceable support of good administration and effective control of all activities of the Public Finance. This Law has not disdained its importance and importance, so it maintains it in its name and regulates extensively the function it provides in two phases-executive and judicial-, as well as its insertion in national accounting, without the error uniformist to assign the same accounting treatment to all types of operations.
The provisions contained in Title VI of the Law refer to this matter, and in a comprehensive and systematic manner provide the necessary guidelines for the proper accounting of the operations of the Public Finance and for the formation of the General Account of the State. The thoroughness and technicality, which is proper to this part of the Law, advise to limit your explanatory statement to the following three points: (a) the application of the system of public accounting to the medial and final operations resulting from budgetary grants; b) the verifier, ordinary or extraordinary powers, which assist the General Intervention of the State administration and the Court of Auditors of the Kingdom, and (c) information which, at least, must be published monthly by the Ministry of Finance in the "Official Gazette of the State", deduced from the respective accounng operating and capital budgets that do not consent to their incorporation into the administrative ones, which are the ones before. mentioned. The budgets of these bodies are, at last, instruments at the service of efficiency in management. Hence they can only be listed as an annex to the general budget of the State. In truth, the budgetary regime of this kind of autonomous State bodies offers peculiarities and requires such a degree of flexibility that it places it within the scope of the intended Statute of the Spanish public company, but it was not prudent to ss="articulo">Article twenty-seven.
One. The management of the assets and their returns, both by the State and its autonomous bodies, will be accommodated in accordance with the laws applicable in each case.
Two. The interests of the State and its autonomous organizations in the capital of the commercial companies are part of their respective assets.
Article twenty-eight.
Constitute the Public Debt the capital tornadoes on loan by the State or its autonomous agenciep>
c) Authorize expenses that are not of the government's business and raise to the approval of the government those that are of their competence.
d) Propose the payment of the obligations to the Minister of Finance.
e) The others who entrust them with the laws.
Item eleven.
These are the functions of the Autonomous Bodies of the State referred to in paragraph one of Article 4 of this Law, within the scope of their respective jurisdiction and in accordance with the provisions of the Law:
(a) The administration, management and collection of the economic rights of the Autonomous Body itself.
b) Authorize expenses and order payments according to the approved budget.
c) Develop the preliminary draft annual budgets of the autonomous body.
d) The others who assign them the laws.
Article twelve.
In the management of economic rights of a public nature and in the fulfilment of all its obligations, the Public Finance enjoys the prerogatives recognized in the Laws.
Article thirteen.
Public Treasury funds and securities will be integrated into the public treasury.
Article fourteen.
The Administration of Public Finance is subject to the annual budget regime approved by the Courts.
Article fifteen.
The compliance of the expenditure programmes to public investments, whether general or sectoral, of a multi-annual term, shall be accommodated in accordance with the provisions of Article 60 and one of this Law and the limits and other conditions to establish the General State Budget Law in each of the financial years of the respective Economic Plans.
Article sixteen.
One. The General Intervention of the State Administration shall exercise the functions provided for in Article ninety-three of this Law, with full autonomy in respect of the authorities and other entities whose management is fiscalice.
Two. The purpose of the financial function is to control all acts of the State Administration and its autonomous bodies, which give rise to the recognition of rights and obligations of economic content, as well as the revenue and they are derived, and the collection of investment or application in general from the public funds in order to ensure that the administration of the Public Finance complies with the applicable provisions in each case,
Article seventeen.
One. The financial control shall be exercised by the General Intervention of the State Administration, in accordance with the provisions of each case with respect to the services, Autonomous Bodies and State Societies, in order to verify their functioning in the economic-financial aspect and in accordance with the provisions and guidelines governing them.
Two. The mandatory effectiveness control shall be exercised by analysis of the cost of operation and the performance or usefulness of the respective services or investments, as well as the achievement of the objectives of the relevant programmes.
Article eighteen.
As regards commercial companies, undertakings, entities and individuals on the basis of current subsidies, loans, guarantees and other aid from the State or its autonomous or otherwise granted bodies from the General budgets of the State, financial control may be exercised in the form that has been established or established in each case regardless of the financial functions that are regulated in this Law.
Article nineteen.
Public Finance is subject to the accounting system both to reflect all types of operations and results of its activity, and to provide data and information in general that are necessary for the development of their functions.
Article twenty.
The Court of Auditors of the Kingdom is responsible for carrying out in full independence the functions assigned to it by Article forty and four of the Organic Law of the State and the other Laws governing its jurisdiction.
Item twenty-one.
The authorities and officials in general who, with their acts or omissions and through doling, guilt or negligence, harm the Public Finance, will incur the civil, criminal or disciplinary responsibilities that in each case proceed.
TITLE FIRST
From the Public Finance Scheme
CHAPTER FIRST
The Rights of Public Finance
Article 22.
San economic rights of the Public Finance and constitute the same as:
(a) Taxes, classified in taxes, special contributions, fees and parafiscal charges.
(b) Returns from their assets.
c) Public Debt operations products.
d) Other resources to be obtained by the Public Finance.
Article twenty-three.
The resources of the State Treasury and of each of its autonomous agencies are intended to satisfy the whole of their respective obligations, except that by means of a law their affectation is established for certain purposes.
Article 24.
One. The administration of the resources of the Public Finance corresponds, according to its ownership, to the Ministry of Finance or the Autonomous Bodies, with the control that this Law establishes
Two. The persons or entities entrusted with the administration of economic rights of the Public Finance shall be dependent on the Ministry of Finance or the corresponding Autonomous Body on all matters relating to its management, delivery or application and to the surrender of the respective accounts.
Article 25.
Officials, Entities or individuals who manage or keep funds or securities of a public nature, in the amount and form that determine the regulatory provisions, shall be required to provide bail.
Article twenty-six.
One. The management of the taxes shall be in accordance with the provisions of the General Tax Law and the other applicable laws.
Two. It will be up to the Tax Inspectorate to check and investigate the alleged facts, to definitively integrate the taxable bases and the other functions that the General Tax Law determines.
e) Velar for the implementation of the General Budget of the State and for the fulfilment of the financial provisions.
f) Order all payments from the public treasury.
g) Address the implementation of the financial and monetary policy approved by the Government and dictate the necessary provisions for this purpose.
h) The coordination of local finances with that of the State and the financial con aboration of the General Budget of the State will accommodate the following rules:
First.
The higher bodies of the State and the ministerial departments shall forward to the Ministry of Finance, before the day one of May of each year, the corresponding bills of expenditure states, duly documented and adjusted to the laws that are applicable and to the guidelines approved by the Government.
Similarly, and before that day, the ministerial departments, will forward to the Ministry of Finance thedit or a credit supplement is necessary for the payment, it shall be requested from the Courts one or the other within three months of the day of notification of the judgment.
Article forty-five.
If the Administration does not pay the creditor of the Public Finance within three months of the day of notification of the judgment or of the recognition of the obligation, it shall pay him the interest indicated in the Article thirty-six, paragraph two, of this Law, on the amount due, since the creditor claims in writing the fulfilment of the obligation.
Article forty-six.
One. Except as laid down by special laws, they shall prescribe at five years:
(a) The right to the recognition or liquidation by the Public Finance of any obligation that has not been requested with the presentation of the supporting documents. The time limit shall be counted from the date on which the service or the determining performance of the obligation was concluded.
(b) The right to demand the payment of obligations already recognised or settled, if it is not claimed by the legitimate creditors or their successors. The period shall be counted from the date of notification of the recognition or settlement of the respective obligation.
Two. With the expressed caveat in favor of Special Laws, the prescription will be interrupted in accordance with the provisions of the Civil Code.
Article forty-seven.
The obligations under the Public Finance that have been prescribed will be low in the respective accounts, subject to the processing of the appropriate file.
TITLE II
From Budgets
CHAPTER I
State General Budget
Section I. Content and Approval
Article forty-eight.
The General Budget of the State constitutes the encrypted, joint and systematic expression of the obligations which, at the most, can be recognized by the State and its autonomous organizations and the rights to be settled. during the corresponding exercise.
Article forty-nine.
The financial year shall coincide with the calendar year and shall be charged to the calendar year:
(a) The rights settled during the same period, whatever the period of their resulting; and
(b) The obligations recognised until the end of the following January, provided that they correspond to acquisitions, works, services, benefits or expenses in general, carried out before the end of the financial year and with charge to the respective appropriations.
Article fifty.
Make up the State's General Budget:
a) The State's budget, with the detail required by this Law; and
(b) The budget of the autonomous agencies of the State, as referred to in paragraph (a) of the fourth paragraph of this Law, with the degree of development that is determined to be determined.
Article fifty-one.
One. The General Budget of the State shall contain:
(a) The states of expenditure in which the appropriations necessary to meet the obligations shall be included, with due specification.
(b) The income statements in which the estimates of the various economic rights to be settled during the financial year are included.
Two. The General Budget of the State will unite:
(a) The budget-summary of the autonomous bodies defined in paragraph (b) of the fourth paragraph of this Law: and
b) The budget-summary of Social Security, referred to in article one hundred and forty-seven of this Law.
Article fifty-two.
One. The structure of the General Budget of the State will be determined by the Ministry of Finance, taking into account the organization of the State Administration and its autonomous organizations, the economic nature of the income and the expenditure, the purposes or objectives which they intend to achieve and the investments provided for in the relevant Economic and Social Development Plans.
Two. The Heads of the Ministerial Departments shall be responsible for developing the budgetary structure of the public entities and autonomous bodies of which they are dependent, in accordance with their characteristics, but adapting to that which is established for the public sector.
Three. The budgets of the Local Corporations shall be adapted to the structure which, in general, is established for the public sector, without prejudice to the specific characteristics of the public sector.
Article fifty-three.
For the purposes set out in the previous article, the following rules are set:
First.
State General Budget expenditure states shall apply the organic, functional, programme and economic classifications:
A) The organic classification will group the credits for service expenses.
B) The functional classification will group the credits according to the nature of the activities to be carried out for each service.
C) Each Autonomous Department or Agency shall establish, in accordance with the Ministry of Finance, a system of objectives that will serve as a framework for its budget management, and, in accordance with them, the appropriations will be classified, programs.
(D) Current expenditure and capital expenditure shall be reported with excess, and its economic classification shall be governed by the following criteria:
One. In appropriations for current expenditure, those for the operation of services, interest and current transfers;
Two. Capital expenditure credits shall be distinguished from actual investments, capital transfers and changes in financial assets and liabilities.
Second.
The structure of the expense status will include the territorial classification of the investment.
Third.
The state of revenue from the State Budget will be prepared by the Ministry of Finance, in accordance with the corresponding evaluation techniques and the system of taxes and other rights to be applied in the respective State. exercise.
Article fifty-four.
The procedure for the elvisions of Article 60 of this Law on the Court of Justice or the Court of Justice Legally authorized Treasury.
Two. If such obligations are due to benefits or services to the Public Administration, the payment may not be made if the creditor has not fulfilled or guaranteed his or her law.
Article forty-four.
One. The Courts, Judges and Administrative Authorities may not issue any implementing laws or provide for any embargo against the rights, funds, securities and goods in general of the P e concept The budget is being brought to the attention of the Ministry of Finance. In the case of personnel concepts, the favourable agreement of the Ministry of Staff will be required.
Article seventy.
The transfer of credits of any kind will be subject to the following limitations, in addition to those already expressed in previous articles of this Law:
(a) They shall not affect the appropriations for staff expenditure, or for the extensible, nor for the extraordinary granted during the ll as extend the number of annuities in the cases in particular justified, at the request of the corresponding Ministerial and previous department reports that are considered timely and, of course, that of the Directorate General of the Treasury and Budgets.
Five. The commitments referred to in paragraph 2 of this Article shall be subject to adequate and independent accounting.
Article sixty-two.
The appropriations for expenditure which, on the last day of the extension of the financial year referred to in Article 40 (b) of this Law, are not affected by the fulfilment of obligations already recognised will be cancelled in full, without exceptions other than those set out in the Article 70 and three of this Law.
Article sixty-three.
One. The appropriations in the statement of expenditure for each budget may be incurred only in respect of obligations arising from acquisitions, works, services and other services or expenses in general carried out in the calendar year of the financial year budget.
Two. By way of derogation from the preceding subparagraph, the following obligations shall apply to the appropriations in the budget in force at the time of issue of the payment orders:
(a) Those resulting from the settlement of arrears in favour of career officials, and
(b) Those arising from previous years, recognised in the period in question and which should be imputed to extensible appropriations in accordance with the provisions of Article 60 and six of this Law.
Article sixty-four.
One. When the budget of the State is to be carried out, some expenditure cannot be delayed until the following financial year and there is no credit or insufficient and non-extensible credit, the Minister of Finance, after the report of the Directorate-General of the Treasury and Budget and opinion of the State Council, will raise to the agreement of the Government the referral of a Bill to the Courts of grant of an extraordinary credit, in the first case, or of a credit supplement in the second, and in which the resource to be financed by the largest public expenditure is specified.
Two. If the need for extraordinary or additional credit is required in an autonomous body referred to in paragraph one of Article 4 of this Law, the following provisions shall be observed:
(a) When the extraordinary or additional credit does not increase in the appropriations of the State Budget, the granting of one or the other shall be the responsibility of the Minister of Finance if the amount does not exceed 2% of the expenditure budget of the autonomous body in question, and the government when, exceeding that percentage, does not exceed five per cent of the expenditure budget of the autonomous body in the case of paragraph 1 of the fourth subparagraph of Article 4 (1) of the Treaty. This law, or of the ten in the case of autonomous bodies referred to in paragraph (b) of that Article. These percentages shall be applied cumulatively for each financial year.
(b) In the budgetary modification file, the ministerial department shall be reported to have its budget affected by or to which the autonomous body is assigned to promote it, and the need and urgency of the expenditure must be justified, without specifying the means or resources to be financed by the proposed increase, nor the specific budget heading to be increased.
(c) The government shall give quarterly account to the Cortes of the extraordinary credits and credit supplements granted under paragraph (a) of this number by means of a table having at least the same detail as the respective budget.
Article sixty-five.
One. By way of exception, the Government, on a proposal from the Minister of Finance, will be able to grant advances from the Treasury to meet unpostponed expenses, with the maximum limit in each exercise of one percent of the credits authorized by the Law of General State budgets, in the following cases:
(a) When, once the processing of the records for the granting of extraordinary credits or credit supplements has been initiated, the Council of State has been favourably
,(b) Where an Act has been enacted establishing obligations for which the granting of extraordinary credit or credit supplement is required.
Two. If the Courts do not approve the Draft Law for the granting of the extraordinary credit or the credit supplement, the amount of the Treasury advance shall be cancelled from the appropriations of the respective ministerial department or the autonomous body, whose minorprayer causes less disruption to the public service.
Article sixty-six.
By way of derogation from the provisions of Article 60 of this Law, the condition of the extension of those credits which, in the form of taxes and duly explained, are related in the state of expenditure of the General budgets of the State and, in its virtue, may be increased, subject to compliance with requirements laid down by regulation, in the light of the effective collection of the rights concerned or the recognition of obligations specific to the respective exercise, according to provisions with range of Law.
Article sixty-seven.
The Government, on the proposal of the Minister of Finance, may agree, in the case of capital operations credits, to transfer the global loans to the specific ones of the same economic nature. determine in the statements of expenditure of the budgets to which global credits this standard is applicable.
Article sixty-eight.
One. The Minister for Finance may agree on transfers of appropriations within the same programme with the following limitations: (a) between appropriations for the operating expenditure of the services, except for staff; (b) between appropriations for operations of the capital, and (c) loans for capital-to-current operations, provided that they are used for the entry into operation of the new investments, and, in addition, in the same financial year in which the investments have been completed.
Two. It may also agree to the appropriate withholding of budgetary appropriations in favour of the Services which are responsible for the unified management of works or acquisitions.
Article sixty-nine.
The Heads of the Ministerial Departments and the Autonomous Bodies referred to in paragraph one of Article 4 of this Law may redistribute the credits between the different items of the samlass="parrafo_2">a) Investments and capital transfers.
(b) Supply contracts, technical and scientific assistance and equipment leasing contracts, which cannot be stipulated or are non-economic for a period of one year.
c) Real estate leases to be used by State Agencies, and
d) Financial loads of State Deudas and their Autonomous Bodies.
Three. The number of exercises to which the expenditure referred to in paragraphs (a) and (b) of the preceding subparagraph may apply s lauses on the following subjects:
a) Macroeconomic and sectoral assumptions that serve as the basis for the agreement,
b) Objectives of personnel policy, profitability, productivity or technical restructuring of economic exploitation, as well as methods of evaluation of those.
c) State contributions in their different modalities.
d) Means to be used to adapt the agreed objectives to the variations in the respective economic environment.
e) Controludget whose structure shall be determined by the Minister of Finance and shall have the following content:
a) A status of resources, with the corresponding estimates for the exercise.
b) A state of endowments, with the assessment of the needs for the development of their activities in the exercise.
Three. The appropriations referred to in paragraph (b) above shall be classified as follows:
(a) Estimates, including changes in assets and liabilities, and stocks in warehouses.
(b) Limitations, those intended for remuneration of the official staff of the autonomous body, except as specifically provided for in the regulatory act, current grants, and capital expenditure.
(c) Expandable, determined according to the resources actually obtained.
Four. By way of derogation from paragraph 3 (d) of this Article, the Minister for Finance may declare the appropriations for current grants to be extensible, where it is previously established that they are to be fixed on the basis of the revenue.
Five. The budgets of these autonomous bodies will be joined by an expressive memory of both the work carried out and the objectives to be achieved, in the exercise, as well as an economic evaluation of the investment projects to be initiated in the same.
Article eighty-four.
The Government will bring the budget prepared by the Ministry of Finance to the General Budget of the State, summarizing those of all the autonomous organizations referred to in the provisions of this chapter.
Article eighty-five.
The financial year shall coincide with the calendar year without prejudice to the adjustments required where the operations to be carried out by the autonomous body are linked to a different production cycle, which may not exceed twelve months.
Article eighty-six.
The provision of the expenditure and payments for the extensible allocations shall be in accordance with the arrangements established for each Autonomous State Agency, provided that the investment or application is justified in a regulatory period. of the quantities satisfied.
CHAPTER III
The programs of action, investments and financing of state societies
Article eighty-seven.
One. The Companies referred to in paragraph 1 of Article 6 of this Law shall annually draw up an action programme, investment and financing, with the following content.
(a) A state in which the real and financial investments to be made during the social year will be collected.
(b) A state in which the contributions of the State or its autonomous bodies shall be specified in the capital of the State or its self-employed bodies, as well as the other sources of financing for its investments.
c) The expression of the objectives to be achieved in the exercise, and, among them, the rents expected to be generated.
d) A Memory of the economic assessment of the investment or investments to be initiated in the financial year.
Two. The programme referred to in the preceding paragraph shall be responsible for the timely multiannual forecasts.
Three. Any autonomous body referred to in paragraph 1 (b) of this Act may only increase the total amount of funding for the programmes of the various State Societies in which it is involved. five percent. In other cases, government authorization shall be required.
Four. If these companies receive current grants from the State's General Budget, they shall draw up annually, in addition to the programme described in paragraph 1 of this Article, an operating budget detailing the resources and corresponding annual allocations. They shall also form a capital budget if the subsidy is outside this class.
Five. Changes in the budgets referred to in number four of this Article which do not affect subsidies from the General Budget of the State shall be authorized by the Minister of Finance when their amount does not exceed 5%. of the respective budget, and by the Government in other cases.
Article eighty-eight.
One. The basic structure of the programme, as well as that of the operating budget and, where appropriate, of capital, shall be established by the Ministry of Finance and shall be developed by each State Company in accordance with its needs.
Two. Without prejudice to other powers, the effectiveness control referred to in Article 17 (2) of this Law shall be exercised, in respect of State Societies, by the Autonomous Body which has majority participation in them. where appropriate, by the Ministry that they are directly dependent.
Article eighty-nine.
One. The companies referred to in this Chapter shall draw up, before 1 June of each year, the programme of action, investment and financing corresponding to the following financial year, supplemented by an explanatory memorandum on the content of the the programme and the main changes it makes in relation to which it is in force.
Two. The programmes shall be submitted to the Government's agreement before 15 September of each year, on a proposal from the Minister for Finance or the Head of the Department to which the autonomous body is attached to the capital of the respective Member States. Companies, prior to the report of the Treasury in the latter case.
Three. The programmes approved by the Government will be published in the "Official State Gazette".
Article ninety.
The operating or capital budgets which, if any, are to be drawn up in accordance with the provisions of the fourth paragraph of Article 80 and seven of this Law shall be forwarded by the respective State Ministry of Finance through the Department or the Autonomous Body of which they are dependent, before the day one of May of each year, accompanied by an explanatory note of their content and the liquidation of the budget for the previous financial year, and will be submitted by the Ministry of Finance to the Government's agreement before the 15th of September of the year itself.
Article ninety-one.
One. In cases where agreements with the State which give rise to special schemes are laid down, both by the State-owned companies and by the other State-owned companies which receive subsidies from the State budget, the corresponding c not cease to apply its entries and exits for calendar years, whatever the budget for the contraction of the respective rights and obligations.
Article eighty-two.
The revenue to be made after the closure of the budget concerned will be affected by the specific destination which, if appropriate, would have been subject to its recognition and new affectation to the budget. budget for the current financial year.
CHAPTER II
Organisms whose operations are prepond of the State Administration".
Two. However, such bodies may open and use accounts in the credit institutions, provided that it is authorised by the Ministry of Finance, attended by the special nature of the Agency and its operations or the place where they are be performed.
Article one hundred and eleven.
One. Income in the Public Treasury may be made at the Banco de España in the State Treasury or in the Treasury's collaborating credit institutions, by means of cash, money orders, transfeued by the State represented in securities shall conform to one of the following:
(a) State debt with a repayment term of more than 18 months and the amount of which is intended for the financing of public expenditure or official credit.
b) Treasury debt with a repayment term of not more than eighteen months, issued in the internal market and whose product is assigned to one of the purposes described in the articles one hundred and twelve and fourteen of this Law.
Four. External Public Debt, for the purposes of this Law, shall be understood to mean that the obligations contracted by the State or its autonomous bodies are to be met in foreign currency.
Article one hundred two.
One. The creation and conversion of the debt of the State shall be authorized by law, which shall also determine its amount, characteristics and purpose. If the Law of Creation has not set it, the interest rate will be set by the Government.
Two. By way of derogation from the preceding paragraph:
(a) The Minister of Finance may agree to the conversion of the Public Debt when it is exclusively due to its best administration and provided that no essential condition of its issuance is altered or prejudiced Economic operator of the holder; and
(b) In foreign credit operations, the Minister of Finance shall be empowered to agree, if necessary, the terms or conditions which are customary in the international capital market for such operations, the submission to arbitration or referral to the law or the courts of the creditor country or the court of law in which the corresponding obligation is to be fulfilled, provided that the provisions of Article forty and four of this Law are observed,
Three. The State may contract undocumented debt securities as a result of credit operations in its various classes, but provided that it is authorised by law.
Four. The autonomous agencies of the State, within the limits indicated by the Laws of Budgets, may issue Public Debt or agree on medium or long-term credit operations, The amount, characteristics and purposes of each issue of Debt Public will be established by the Government at the proposal of the Minister of Finance.
Five. Where the operations to be carried out by the autonomous agencies of the State are of external credit, the Presidents or Heads of State shall have, in respect of them, the powers provided for in paragraph 2 (b) of this Article. Minister do Hacienda.
Article one hundred three.
The product of the Public Debt in any of its modalities will be entered, in any case, in the Public Treasury and will be applied to the State Budget, to the respective Autonomous Body or to the financing of the official.
Article one hundred four.
One. The securities representative of the public debt shall apply the system established by the general legal system according to the modality and the characteristics of the system,
Two. Likewise, the securities to the bearer of the Public Debt that have been stolen, stolen or lost or destroyed shall be applicable to the procedure established by the mercantile legislation.
Three. The Ministry of Finance shall determine the procedure to be followed in the case of nominative or bearer-bearer securities after their filing in the respective public offices, or which have been the subject of partial destruction which does not prevent the their identification.
Article one hundred five.
One. The capital of the Public Debt shall be prescribed at twenty years of age without receiving any interest, nor shall it be held by its owner at any time before the Administration of Public Finance, which involves or involves the exercise of its right.
Two. The obligation to repay the capital of public debt calls for conversion shall be 10 years, counted from the last day of the period laid down for the operation or, where appropriate, since the new securities may be withdrawn. instead of those presented to the conversion.
Three. It shall prescribe at five years the obligation to pay the interest of the Public Debt and the obligation to return the capital called for reimbursement, counted, respectively, from the maturity of the interest and the day of the appeal for reimbursement.
TITLE V
From The Public Treasury
CHAPTER FIRST
General provisions
Article cent six.
They constitute the Public Treasury all financial resources, whether money, securities or credits, from the State Administration and the Autonomous Bodies, both from budget and extra-budgetary operations.
Article one hundred seven.
Public Treasury availabilities and their variations are subject to intervention and to the public accounting regime.
Article one hundred eight.
These are functions entrusted to the Treasury:
a) Raise the rights and pay the obligations of the State.
b) Serve the principle of unit do Caja, by centralizing all funds and values generated by budget and extra-budgetary operations.
c) Distribute in time and in the territory the funds available for the timely satisfaction of the obligations of the State.
d) Contribute to the national financial system having the appropriate degree of liquidity at each juncture.
e) To intervene in the capital, money, securities and currency markets, when circumstances advise and to contribute to the normal functioning of the capital markets.
f) Reply to the endorsements entered into by the State in accordance with the provisions of this Law.
g) Perform the others that are derived or related to the ones listed above.
Article one hundred nine.
One. The Banco de España will make free of charge the financial services of the Public Debt and the other of the State Treasury.
Two. Credit institutions may provide services to the Public Treasury in the form that is regulated.
Article one hundred ten.
One. The funds of the State's autonomous organizations will be located in the Treasury's banks. When they are in the Bank of Spain, their accounts will be listed under the general heading of "Autonomous Bodies procedures and shall replace the prior intervention.
(c) The provisions of the funds which the Head or Officer who is competent in each Body shall be competent shall be brought, in any case, by the Financial Controller attached to it, except in the case of an autonomous body which by law (a) its activities under private law, in which case this function shall be exercised on the basis of the respective supporting accounts.
TITLE IV
From Public Debt
Article one hund >
Fourth. A state relating to the evolution and situation of the advances of the Treasury referred to in Article sixty and five of this Law.
Fifth. A statement of the commitments of expenditure acquired from future financial years, under the authorisation contained in paragraphs 2 and 3 of Article 60 and one of this Law, with an indication of the financial years to which the imputed.
Sixth. Treasury General Account, which highlights the Treasury's situation and the operations performed by it durit are accurate for the production of the public sector economic accounts and the Spanish national accounts.
f) To provide the financial and economic information that is necessary for decision-making, both in the political and management order.
Article one hundred and twenty-
.The General Intervention of the State Administration is the executive director of public accounting, to which it is responsible:
a) Submit to the decision of the Minister of Finance the General Plan of Public Accounting, to which the Corporations, Organisms and other Entities included in the public sector will be adapted, according to their characteristics or peculiarities.
(b) Promote the exercise of regulatory authority in order to determine the structure, justification, processing and accountability of accounts and other documents relating to public accounting, and may dictate circulars and instructions referred to in Article 18 of the Law of Legal Regime of the Civil Administration of the State.
c) Approve the partial or special public accounting plans that are drawn up in accordance with the general plan, as well as those of the State Societies with respect to the general accounting plan of the Spanish Company.
d) Inspect the accounting of State Agencies whether or not they are autonomous.
Article one hundred and twenty-six.
As the Public Accounting Manager Center corresponds to the General Intervention of the State Administration:
a) Forming the General Account of the State.
(b) Examine, in your case, observations and prepare the accounts to be submitted for prosecution by the Court of Auditors of the Kingdom.
c) Seek the presentation of the accounts, states and other documents subject to their critical examination.
d) Centralize the information deducted from the accounts of the agencies, entities and agents that make up the public sector.
e) Develop public sector economic accounts, according to the Spanish system of national accounts.
f) To monitor and promote the activity of the existing accounting offices in all the Departments and Agencies of the State in which the service so advises, and which will be in charge of the officials who legally have attributed to this task.
Article one hundred and twenty-seven.
Public accounts shall be kept in books, records and accounts in accordance with the technical procedures, which are more appropriate for the nature of the operations and the situations to be recorded, without prejudice to the State-owned companies comply with the provisions of the Code of Commerce, which are dictated in their development and the General Accounting Plan in force for Spanish companies.
Article one hundred and twenty-eight.
They will be a storyteller in which they have to surrender to the Court of Auditors of the Kingdom:
(a) Officials who are responsible for the management of revenue and expenditure, as well as other operators of the General Administration of the State.
b) The Presidents or Directors of the Autonomous Bodies and Societies of the State.
(c) Individuals who, by way of exception, administer, collect or guard funds or securities of the State, without prejudice to the intervention of their respective operations
andd) The recipients of the current grants referred to in the articles, eighty-three and twenty-three, paragraph two, of this Law.
Article one hundred and twenty-nine.
The accounts and documentation to be submitted to the Court of Auditors of the Kingdom shall be formed and closed for monthly periods, except those for the Autonomous Bodies and the State Societies, which shall be annually.
Article one hundred thirty.
Public accounting is subject to ordinary or extraordinary verification by officials who are dependent on the General Controller of the State Administration and who, where appropriate, appoint the Court of Auditors. of the Kingdom.
Article one hundred and thirty-one.
The Ministry of Finance will forward to the Courts, for the purposes of its information and study by the Committee on Budgets, and publish in the "Official State Gazette" the following monthly data:
a) Treasury movement for budgetary and extra-budgetary operations.
b) The Treasury's status.
c) Of the operations of the execution of the State's Budgets and of their modifications, and
d) Other than those considered to be of general interest
CHAPTER II
From the State General Account
Article one hundred and thirty two.
One. The General Account of the State shall be formed by the following documents:
a) Account of the General Administration of the State.
b) Account of the administrative autonomous agencies.
c) Account of the autonomous industrial, commercial, financial and analogue bodies.
Two. The Court of Auditors shall join the General Account of the State:
(a) Social Security accounts, which shall be raised, shall be brought and governed in accordance with the fifth article of the General Law of the Social Security of thirty May thousand nine hundred and seventy-four.
b) The accounts of state corporations.
Three. The accounts and the consolidated or consolidated statements that are to be determined shall also be accompanied by those that reflect the movement and the situation of the guarantees granted by the Treasury.
Article one hundred and thirty-three.
One. The account of the General Administration of the State shall comprise all budgetary, economic and treasury operations carried out during the financial year, and shall consist of the following:
First. The settlement of budgets.
Second. A state that reflects the budgetary operations performed by the Treasury in the calendar year, distinguishing those that correspond to the current budget and the previous ones.
Third. A demonstrative state of the evolution and situation of the securities to be charged and obligations to be paid from previous years.
Two. The provisions of the preceding paragraph apply to the use of current grants from the General Budget of the State and in favour of public or private entities, enterprises or persons in general.
Article cent twenty-four.
It is up to the Ministry of Finance to organize public accounting for the following purposes:
Two. The responsibility of those who have participated in the resolution or in the act shall be joint, except in cases of dolo, which shall be in solidarity.
Article one hundred and forty-three.
One. In the case of paragraph (a) of paragraph one of the article one hundred and forty and one of this Law, the responsibility shall be required in a file instructed by a Delegate of the Court of Auditors of the Kingdom, designated by it.
Two. The procedure to be followed for the recovery of the public finances from the damages will be subject to the provisions contained in the legislation of the Court of Auditors of the Kingdom.
Article one hundred and forty-four.
One. In the cases described in paragraphs (b) to (g) of paragraph one of the Article 100 (4) and one of this Law and without prejudice to the knowledge and competence of the Court of Auditors of the Kingdom, the responsibility shall be required in administrative file instructed to the data subject.
Two. The opening agreement, the appointment of a Judge instructor and the decision of the file shall correspond to the Government in the case of persons who, in accordance with the order in force, have the status of Authority, and the Minister of Finance in other cases.
Three. The resolution which, after a report by the Directorate-General for the Contentious of the State, will put an end to the case dealt with with a hearing of the interested parties, will decide on the damages caused to the goods and the rights of the Treasury Public, by imposing on those responsible the obligation to indemnify the amount and the time limit to be determined.
Article one hundred and forty-five.
One. The damages declared in the files, referred to in the articles one hundred and forty-three and one hundred and forty-four of this Law, will have the consideration of the rights of the Public Finance, will enjoy the regime referred to in the article Thirty-two, paragraph one, of the same, and shall be charged, if any, by the route of award.
Two. The Public Finance is entitled to the interest provided for in the article thirty-six, paragraph two, of this Law, on the amount of the scope, misappropriation, damages and damages to its assets and rights, from the day the damages are irradiated. Where the insolvency of the direct debtor derives the action from the subsidiary, the interest shall be calculated on the day on which the payment is required.
Article one hundred and forty-six.
As soon as the notice is made, of a scope, embezzlement, damage or injury to the Public Finance or the time limits specified in Article seventy and nine of this Law have elapsed without having been justified the orders (a) payment to be made by the Heads of the alleged responsible persons and the authorising officers, respectively, shall instruct them to carry out the preliminary proceedings and shall, in the same manner, take the necessary measures to ensure the rights of the Treasury Publishes, giving immediate notice to the Court of Auditors of the Kingdom or the Minister of Finance, in each case, to proceed according to their competence and in accordance with established procedures.
TITLE VIII
From the intervention and accounting budgets of Social Security
Article one hundred and forty-seven.
One. The budget-summary of social security, as referred to in paragraph 2 (b) of Article 50 and one of this Law, shall, with due separation, state the resources provided for the corresponding financial year and the whole to read obligations to address Social Security, both in its General Regime and in its Special Regiments.
Two. All revenue and expenditure of the budget-summary shall be ordered functionally in accordance with the contingencies to be covered or the benefits of the protective action to be granted in addition to being classified according to economic categories.
Article one hundred and forty-eight.
One. The Social Security Management Entities will draw up their income and expenditure budgets, which, after being sanctioned by their respective governing bodies, will be submitted by the Ministers of Finance and Labor, together with the approval of the of the Government.
Two. The Government will join the State's General Budget to the Social Security budget-summary, which will accompany the following documents:
(a) Social Security Accounts and Balances for the last financial year, approved in accordance with Article 5 of the General Law on Social Security.
b) Explanatory note to the contents of the budget-summary and the main modifications presented by the preliminary draft compared to the budget-summary in force.
(c) Economic and financial report, explanatory to the estimate of revenue and expenditure, in accordance with paragraph two of the previous article, and a demonstrative study of the cost of services.
Three. If the Courts amend the summary budget referred to in the preceding paragraph, the Government, on a proposal from the Ministers of Labor and Finance, shall agree on the modifications to be made.
Article one hundred and forty-nine.
The appropriations for expenditure on the basic or supplementary benefits of Social Security shall be extended by the amount resulting from the obligations which are recognised and settled according to the provisions in each applicable case.
Article one hundred and fifty.
One. Where the budget-summary of social security is to be carried out by means of expenditure which cannot be delayed until the following financial year and does not exist in the credit, or is insufficient and not extensible, the provisions of the next paragraph.
Two. If the extraordinary or supplemented credit is not supposed to increase the State Budget, the granting of one or the other shall be the responsibility of the Government, provided that the amount is greater than two percent of the respective expenditure budget. Institution, and the Minister of Labour, after reporting by the Ministry of Finance, if the amount of the extraordinary credit or supplement does not exceed that percentage, which shall be calculated in the form set out in Article 60 and four of the Law.
Article one hundred and fifty-one.
One. The Government, on a joint proposal of the Ministers of Labor and Finance, will approve the rules for the exercise of the financial role in the Social Security Management Entities.
Two. The Minister of Labour, following the report of the Finance Minister, shall lay down the rules for the accounting of these Management Entities, in accordance with the guidelines of the general public accounting system.
Two. The offences referred to in the preceding paragraph shall, where appropriate, give rise to the obligation to compensate established in Article 100 of this Law.
Article one hundred and forty two.
One. They are subject to the obligation to indemnify the Public Finance, in addition to the Authorities and officials who adopt the resolution or perform the determining act of that, the financial controllers and authorising officers withapitulo">TRANSIENT PROVISIONS
First.
The provisions of the first, first and second rules of Article fifty-three of this Law shall be applied gradually in the manner determined by regulatory means.
Second.
By virtue of the provisions of the previous transitional provision, transfers of budgetary appropriations authorised in Article 60 and eight of this Law shall be construed as referring to each Directorate-General or Service within the of the same ministerial depart ment.
Third.
The arrangements provided for in Article 90 and one of the provisions of this Law may be limited within two years to the most important grants with special characteristics and those for public services.
Fourth.
The economic rights and obligations of the State Administration and its autonomous organizations born prior to the entry into force of this Law will continue to be subject to the legislation that repeals.
Fifth.
The Government is authorized to establish, by means of Decree, the situation of Administrative Services without legal personality other than that of the State, as referred to in Article 1 (b) of the Law of Legal status of Autonomous State Entities, either fully integrating them into the General Budget of the State, with the specification of credits that proceeds, or transforming them into Autonomous Bodies.
FINAL PROVISIONS
First.
This Law shall not apply to the National Heritage, which shall continue to be governed by its special provisions.
Second.
In the text of the Law of Bases of the Statute of Local Regime, those rules that are consistent with the principle of coordination that must exist between the State Treasury and those of the Corporations will be included. Local as all members of the public sector.
REPEAL CLAUSE
The Laws cited in the attached table are hereby repealed, and any provisions shall be contrary to the provisions of this Law.
Law Table to be repealed
-Law of one of July of a thousand nine hundred eleven, of Administration and Accounting of Public Finance.
-Law of nineteen of March of a thousand nine hundred twelve, as it conditions the application of article sixty and seven of the Law of one of July of a thousand nine hundred eleven.
-Law of twenty-six of July of a thousand nine hundred and twenty-two, of the General Budget of the State, in terms of its article fifty-one.
-Royal Decree-Law of twenty-eight of a thousand nine hundred and twenty-eight, on presumption of abandonment of constituted deposits and current accounts, in terms of its articles first and third.
-Royal Decree-law of four of February of a thousand nine hundred thirty, as to the seventh article of the Royal Decree of nineteen of November of a thousand nine hundred twenty-nine.
-Law of eighteen of December of a thousand nine hundred and fifty, which gave new wording to certain articles of the Law of one of July of a thousand nine hundred eleven.
-Decree-law of December 12, thousand nine hundred and fifty-two, concerning the credits of "qualified exception".
-Decree-law of eight of November of one thousand nine hundred and fifty-seven, which declared in suspense certain precepts of the Law of one of July of a thousand nine hundred eleven.
-Law of twenty-six of December of a thousand nine hundred and fifty-eight, on the legal regime of the autonomous state entities, in the matters relating to the Public Finance.
-Law of twenty-two of July of a thousand nine hundred and sixty-one, for which the article sixty and one of the Law of twenty-six of December of a thousand nine hundred and fifty-eight were modified, on the legal regime of the State Entities standalone.
-Decree of eighteen of January thousand nine hundred and sixty-two, which amended article seventy-six of the Law of one of July of a thousand nine hundred eleven, under the protection of article twenty-five of Law eighty-five/thousand nine hundred Sixty-one, of twenty-three December.
-Article 3 of the Decree-Law sixteen/thousand nine hundred and sixty-four, of twenty-three of July; third article of the Decree-Law twenty/thousand nine hundred and seventy, twenty-four of December, and article second of the Decree-law Eleven/thousand nine hundred and seventy-two, twenty-nine in December, in the matters covered by this Law.
Given in Madrid to four of January thousand nine hundred and seventy-seven.
JOHN CARLOS
The President of the Spanish Courts,
TORCUATO FERNANDEZ MIRANDA AND HEVIA
