Law 43/2015, Of 9 October, The Third Sector Of Social Action.

Original Language Title: Ley 43/2015, de 9 de octubre, del Tercer Sector de Acción Social.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10922

FELIPE VI KING OF SPAIN to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: PREAMBLE the Third Sector of Social action corresponds to that part of our society that has always been present in the actions that have tried to cope with the situations of inequality and social exclusion. If one considers that these are not caused by short-term events, but by the persistence of structural economic problems and social inequity generators, the social fabric of organizations and associations which make up the so-called today Third Sector of Social action has been postulated at all times as a means of alternative, or at times complementary, citizen with respect to institutional governance action with solutions born of social participation aimed to avoid that certain social groups are excluded from elementary levels of well-being.

The activity of the Third Sector of Social Action, their organizations and the people who compose it, stems from the commitment to human rights and rests on the values of solidarity, equal opportunities, inclusion and participation. The exercise of these values leads to social balanced development, social cohesion and a model of organization in which economic activity is at the service of citizens.

Despite the positive evolution followed by our society, the marginalization or exclusion to which certain groups are subjected routinely still has not found a suitable correction. In fact, in the last thirty years, in which is has produced a development economic and social considerable, not is have eradicated them inequalities, but these have persisted, impacting intensely on the life of them groups of population more vulnerable.

These social sectors marginalized, placed in vulnerable situations or at risk of exclusion are the human target of entities of the Third Sector of Social Action, for whose development and inclusion call for the participation of civil society, calling a stewardship that concerns all citizens.

From this position privileged in the knowledge of them problems social and of them methods to face them, the Third Sector of action Social plays a role crucial in the design and the execution of them political against the poverty and the exclusion social. In the exercise of this role is recognized the merit of its capacity, inclusive of its active role in social awareness and cohesion.

Therefore, it is necessary to establish a regulatory framework, at the State level, covering the Social Action Third Sector entities, in accordance with the role in society and the challenges that have to undertake the policies of inclusion.

Provide a framework legal to the Third Sector of action Social dimana mediate e immediately of those principles, values and mandates of the Constitution Spanish. To establish the constitutional text, purpose, achieve an advanced democratic society, and to define as social and democratic right to the Spanish State, the fundamental norm is directing political organization, the legal system and the action of the public authorities to the deepening of democracy, by increasing the participation in all spheres; to the protection of them rights fundamental and them freedoms public, without exception of people and groups, and to it extension gradual of them rights social for all it citizenship, ensuring is thus an existence worthy, the free development of the personality and a life in community peaceful and balanced sustained in it freedom, the justice, the equality, the pluralism political and it solidarity.

In this sense, this law aims to strengthen the capacity of the Third Sector of Social action as a partner to the General Administration of the State for the design, implementation and monitoring of public policies in the social sphere, in order to ensure harmonious development of social policies, a correct identification of the needs of affected groups and optimum use of resources.

One of the priorities of the Government is precisely the impulse of this dialogue, constitute an outstanding example of the same in the field of the Ministry of health, social services and equality, the establishment of the Commission for Civil dialogue with the platform of the Third Sector of Social action. Since its formation in February 2013, this body of institutional participation has been an effective forum of encounter between representatives of the General Administration of the State and the platform of the Third Sector, which belongs to the most important entities, organizations and federations of the Third Sector of Social action at the State level. In his breast, and through the dialogue, is have got boost together important measures of interest public for the Third Sector of action Social. Likewise, as a realization of this principle of civil dialogue, and active collaboration, participation and close consultations between the General Administration of the State and the representation of the Third Sector of Social Action, the Act provides regulation through regulation of the State Council of non-governmental Social action organizations. Is is of an organ collegiate, of participation, that is configured as a field of meeting, dialogue, proposed and advice in them political public of interest social, with the purpose of institutionalize the collaboration, cooperation and the dialogue permanent between the Department ministerial holder of them political social and of inclusion and the platform of the Third Sector.

The law, therefore, guarantee real and effective participation of the entities of the Third Sector of Social Action, in accordance with the principle of civil dialogue, procedures for the preparation, development, implementation, follow-up and revision of standards and social policy in the field of the administration of the State, through organs of participation, ensuring a permanent mechanism for dialogue.

Although in recent decades the Social Action Third Sector has been established as an actor in the fight against situations of greater social vulnerability, developing the set of non-profit entities aimed at the fulfilment of objectives of public interest, with the dimension and relevance which currently, has been without an own State-level normative appeal.

This law emerges with the ultimate aim of establishing a few sharp legal contours and own regulation, outlining clearly the nature and guiding principles of the activities of entities belonging to the Third Sector of Social Action, whose performance not can never dilute the responsibility of the General Administration of the State, nor compete or interfere with other entities committed to the defense of the social interests or with the activity of the social agents properly.

Thus, the law sets a series of principles guiding of the performance of them entities that integrate the Third Sector of action Social, being some of them of nature organizational, such as have personality legal own, be of nature legal private, not have mood of profit, ensure it participation democratic of their members, or have character altruistic, and others referred to his performance as autonomy in the management and decision-making with respect to public authorities, transparency in management, promote equality of opportunity and treatment and non-discrimination between all persons with special attention to the principle of equality of opportunities between men and women and carry out the objectives of general and social interest.

In addition, the law provides for a series of measures of promotion of these entities, in order to support and promote the principles of the Social Action Third Sector, ensure its sustainability and participation in social policies, and recognize, pursuant to procedures established by regulation, their status as collaborating entities of the General Administration of the State, as provided for in the legislation in force. Anyway, and the fiscal legal framework which applies at all times, the Social Action Third Sector entities shall enjoy maximum tax benefits recognized in General in the regime of fiscal incentives to private participation in activities of general interest, which will be revised whenever it is necessary, in order to improve it. Similarly, awareness-raising measures, referred to strengthen the role of these institutions and consolidate their public image.


Finally, the law provides the approval by the Government, in the term of twelve months from its entry in force, of a program of impulse of the entities of the Third Sector of action Social. This program will contain various measures, such as promotion, dissemination and training of the Third Sector of Social Action, its cooperation with State-run public services, funding and strengthening of mechanisms for collaboration between the General Administration of the State and entities of the Third Sector of Social Action, with special attention to the use of concerts and conventions, as well as the institutional participation all this in order to ensure the strengthening of the role of the entities of the Third Sector of Social action in social policy, designed and applied for the benefit of individuals and groups, who are vulnerable or who are at risk of social exclusion.

CHAPTER I General provisions article 1. Object.

The object of this law is regulated entities of the Third Sector of Social Action, strengthen their capacity as partners to the General Administration of the State, with respect to social policies and define building measures that public authorities can adopt for their benefit.

Article 2. Concept.

1. entities of the Third Sector of Social Action are private organizations, arising from the citizen's initiative or social, under different modalities that meet criteria of solidarity and of social participation, for purposes of general interest and absence of non-profit, that drive the recognition and the exercise of civil rights and economic rights , social or cultural of the persons and groups that suffer conditions of vulnerability or that is found in risk of exclusion social.

2. in any case, are entities of the Social Action Third Sector associations, foundations, as well as federations or associations that integrate them, provided that they comply with provisions in this law. For the representation and defense of interests of more effective, and in accordance with the organic law 1/2002, March 22, regulating the right of Association, and with its specific legislation, the Social Action Third Sector entities may constitute associations or federations which, in turn, may be grouped together.

Article 3. Scope of application.

This law is applicable to all entities of the Third Sector of Social Action of State level, provided that they act in more than one autonomous community or in the autonomous cities of Ceuta and Melilla.

CHAPTER II principles governing article 4. Guiding principles.

They are guiding principles of the entities of the Third Sector of Social Action of State level, whatever their legal nature: to) having its own legal personality.

(b) be of nature legal private.

(c) does not possess a nonprofit and have altruistic character.

(d) ensure the participation democratic in its breast, according to what sets the regulations applicable to it form legal that adopt.

(e) Act of transparent mode, both in the development of its social object operation, operations management and accountability.

(f) develop their activities with full guarantees of autonomy in their management and decision-making with respect to the General Administration of the State.

(g) contribute to making effective social cohesion, by means of citizen participation in social action, through volunteering.

(h) Act so is note effectively in your organization, operation and activities the principle of equality of opportunities and of treatment and not discrimination with independence of any circumstance personal or social, and with special attention to the principle of equality between women and men.

(i) carry out objectives and activities of general interest so defined in a standard of legal rank, and in any case, the following social activities: 1st attention to persons with comprehensive socio-health care needs.

2nd attention to persons with educational needs or job placement.

3rd security-building citizenship and crime prevention.

CHAPTER III participation article 5. Participation.

Entities of the Third Sector of Social action will be incorporated into the bodies of institutional participation of the General Administration of the State, whose sectoral scope corresponds to own such institutions. Representation in these bodies shall correspond to those organizations having State level and which integrate to the entities of the Third Sector of Social action.

CHAPTER IV article 6 promotion action. Building measures of the entities of the Third Sector of Social Action of State level.

(1. measures of promotion of the Third Sector of action Social of area State of the Administration General of the State are: to) support and promote the principles of the Third Sector of action Social.

(b) adapt them systems of funding public in the framework of the legislation of stability budgetary and, in all case, in accordance with it planned in the normative of the Union European in matter of aid of State.

(c) foster the diversification of the sources of funding, especially improving the normative on patronage e driving it responsibility social business.

(d) boost the use of them instruments regulatory that in each case are more appropriate, to promote the inclusion social of people and groups that suffer conditions of vulnerability, people and groups in risk of exclusion social and of attention to them people with disability or in situation of dependency.

(e) ensuring the participation of the Third Sector of Social action in different social policies, employment, equality and inclusion, designed on behalf of the people and vulnerable groups at risk of social exclusion.

(f) recognize the Social Action Third Sector entities, in accordance with the procedures established by law, the status of collaborating entities of the General Administration of the State.

(g) promote the training and retraining of persons, who develop their activity in the Third Sector of Social Action of State-level entities.

(h) include in the curricula of the different educational stages, those contents and references to the Third Sector of Social Action, to its fair value as a way of participation of citizens and groups in which civil society is integrated.

(i) promote the entities of the Third Sector of Social action as one of the relevant instruments for channelling the effective exercise of the rights to social participation of the citizens in an advanced democratic society.

(j) carry out concrete measures to promote the participation of women in the Social Action Third Sector.

(k) promote and support the initiatives aimed at the incorporation of criteria of responsible management entities of the Third Sector of Social action.

(l) strengthen and promote practices and criteria of good governance and transparency in these organizations.

(m) promote and facilitate initiatives for cooperation between companies and organizations in the Third Sector of Social action.

2. the Government, through the Ministries having competence on the matter, will promote actions for development, support and dissemination of the Third Sector of Social action.

3. Likewise, the General Administration of the State and the autonomous communities and local entities can collaborate in the promotion of the principles of the Third Sector of Social action. Especially, cooperation agreements, may be held to promote certain specific actions of promotion, dissemination or education.

Article 7. Impulse of the entities of the Third Sector of Social Action program.

The Government shall adopt, within the period of 12 months, since the entry into force of this Act, an impulse of the entities of the Third Sector of Social Action program. This program will reflect, inter alia, the following measures: to) promotion, dissemination and training of the Third Sector of Social action.

(b) support to the culture of volunteerism, in the terms and conditions established by the legislation on volunteering.

(c) cooperation with public services.

(d) public financing of the entities of the Third Sector of Social action.

(e) access to finance, through official credit institutions.

(f) empowerment of them mechanisms of collaboration between the Administration General of the State and the entities of the Third Sector of action Social, for the development of programs of inclusion social of people or groups vulnerable in risk of exclusion social and of attention to them people with disability or in situation of dependence, with special attention to the use of them concerts and conventions.

(g) participation institutional intended in the article 5.

CHAPTER V organs of participation article 8. Council state of organizations not Government of action Social.

(Regulations is will regulate the Council state of organizations not Government of action Social, as an organ Collegiate of nature interinstitutional and of character Advisory, affiliated to the Administration General of the State, through the Ministry that have the competition in matter of services social, conceived as field of find, dialogue, participation, proposed and advice in them political public related with them activities established in the letter i) of the article 4.


Article 9. Commission for the dialogue Civil with the platform of the Third Sector.

Is regulated by regulation the Commission for Civil dialogue with the platform of the Third Sector, with the aim of institutionalizing the collaboration, cooperation and dialogue between the Ministry, which have competence in the field of social services, and the platform of the Third Sector of Social Action, constituted under cover of the organic law 1/2002, March 22 Permanent regulating the right of Association, with the shared objective of promoting the recognition of the Third Sector of Social action as a key player in the defense of social rights, and achieve cohesion and social inclusion in all its dimensions, avoiding that certain groups of population especially vulnerable are excluded socially.

First additional provision. Respect to the distribution of powers constitutional and bylaws applicable warranty.

This law shall apply, without prejudice to competences attributed to the autonomous communities in matters of social assistance by their statutes of autonomy, as well as its specific legislation.

Second additional provision. Inventory of entities of the Third Sector of Social Action and statistical information.

1. the competent Ministry in the areas of social services, in collaboration with the autonomous communities, shall draw up and keep updated an inventory of the entities of the Third Sector of Social action. The inventory will be organized according to the different types of entities, and in coordination with the registers and catalogues in the autonomous communities. The creation of the inventory will be held following a report of the State Council of non-governmental organizations of Social action. The inventory shall be public, will be accessible by electronic means, and in conformity with current standards in the field of universal accessibility.

2 the competent Ministry in the field of social services will also, in coordination with other competent ministries and autonomous communities, and report of the State Council of non-governmental organizations of Social Action, the actions that may be necessary, to be able to provide a statistical information of the entities of the Third Sector of Social Action, as well as their organizations of representation.

Third additional provision. The Government's report.

The Government, within two years from the adoption of the agenda of momentum of the entities of the Third Sector, shall transmit to the Congress a report that will be reviewed and evaluated the effects and consequences of the application of this law.

Fourth additional provision. No increase of expenditure public.

The regulation included in this law may not make increase in public spending, or increase of appropriations, fees, or other staff costs.

Fifth additional provision. Finalists performances through collaboration with the Social Action Third Sector.

He content of this law is understands, without prejudice of the capacity of the State for promote performances finalists through the collaboration with the Third Sector, in areas of performance derivatives of the exercise of their powers, in relation to collective specific in conditions of vulnerability or that is are in risk of exclusion social, with respect to them competencies of them communities autonomous. In any case, any public performance in relation to the Social Action Third Sector entities, must be subject to the principle of public competition and the application of objective and transparent criteria of granting and awarding.

Provision additional sixth. Payment of the obligations outstanding from the autonomous communities and local entities.

The outstanding obligations of the autonomous communities and local entities with the entities of the Third Sector of Social Action, as a result of signed cooperation agreements in the field of social services, will be analogous to the other provider treatment, in terms that provide for legally.

Seventh additional provision. Aid and grants public to the entities of the Third Sector of action Social.

In view of the general interest that it serves and the peculiarities of its nature and activities, within the general framework of the rules on subsidies, the regulatory bases of the calls of the General Administration of the State contemplate the specialties of the entities of the Third Sector of Social action in terms of support, aid and public subsidies.

Sole transitional provision. Subsidies of direct grant to entities of the Third Sector of Social action.

1. during the fiscal year 2015 and establishes the general procedure, the Third Sector of Social Action of State-level institutions recognised as collaborators with the General Administration of the State, pursuant to Royal Decree-Law 7/2013, of 28 June, on urgent measures of tax, budgetary nature and promotion of research, development and innovation (, they will receive subsidies of direct concession which are designated below in accordance with the provisions of article 22.2. b) of law 38/2003 of 17 November, General grant and article 66 of the regulation which develops it. In cases in which concerned federations, confederations, unions or entities of the Third Sector of Social Action platforms, may be beneficiaries of subsidies of State-level partners within the previous, which shall be determined, where appropriate, the agreement or resolution that channels the grant under the terms stipulated in paragraph 2 , and by virtue of it planned in those articles 11.2 and 11.3 of the law 38 / 2003, of 17 of November, General of grants. Your fertilizer is made to them entities, by them amounts and with charge to the applications of the budget of 2015 that is indicate then: 26.16. 231F. 480 «to institutions for victims of the terrorism».

Foundation for victims of terrorism, by 105.000,00 EUR.

26.16. 231F. 486 "for performances of social action".

Cruz Roja Española, for an amount of 1.453.684,00 euros.

Cáritas Española, for an amount of 850.272,00 euros.

Foundation, action against hunger, by 70.000,00 EUR.

Social Action NGO Platform for an amount of 652.858,00 euros.

European network of fight against poverty and Social Exclusion in the Spanish State, for an amount of 420.652,00 euros.

Platform of volunteers from Spain, for an amount of 442.260,00 euros.

Platform of the Third Sector, amounting to 129.584,00 euros.

26.16. 231 g. 483 «for children and families programs».

Association of families and women in the Rural Environment, by 70.000,00 EUR.

Union of family associations, by 350.000,00 EUR.

Platform for organizations of childhood, for an amount of 1.133.574,00 euros.

Spanish Confederation of associations of parents and students parents, for an amount of 80.185,00 euros.

National Catholic Confederation of parents and parents of students, for a 54.000,00 euros.

Spanish Federation for large families, amounting to 228.000,00 euros.

National Federation of meeting points for law visits, for an amount of 40.000,00 EUR.

Spanish Forum for the family, for a 55.000,00 euros.

Federación Española de food banks, amounting to a 85.000,00 euros.

Fundación Secretariado Gitano, for an amount of 211.431,00 euros.

Khetane of the movement associative Gypsy of the State Spanish platform, for a total of 40,000 euros.

26.17. 231F. 482 'for disabled people programmes'.

CNSE. National Confederation of deaf people, amounting to a 240.000,00 euro.

Spanish of representatives of people with disabilities Committee, amounting to a 295.000,00 euros.

Confederation autism FESPAU, by an amount of 126,000 euros.

Confederation autism Spain, by an amount of 140.000,00 EUR.

Confederation Spanish of families of people who are deaf (Confederation FIAPAS) by an amount of 235.000,00 euros.

Confederation Spanish of groupings of family and people with disease Mental (FEAFES Confederation Health Mental Spain), for an amount of 187.000,00 euros.

Confederation Spanish of organizations of attention to the people with paralysis brain and related, by an amount of 165.000,00 euros.

FEAPS. Confederation Spanish of organizations in support of the people with disabilities intellectual or of the development, by an amount of 430.000,00 euros.

Confederation Spanish of people with disabilities physical and organic, for an amount of 1.142.000,00 euros.

Down Spain-Federation Spanish of institutions for the syndrome of Down, by an amount of 129.000,00 euros.

Federation of associations of implanted cochlear of Spain-Federation AICE, by an amount of 20.000,00 euro.

Federation of associations of DeafBlind people of Spain, by 25.000,00 EUR.

Spanish Federation of brain damage, amounting to 91.000,00 euros.

Spanish Federation for rare diseases, for an amount of 323.000,00 euros.

Spanish Federation of deafblindness. FESOCE, by 14.000,00 EUR.

Spanish Federation for the fight against Multiple Sclerosis, for an amount of 33.000,00 euros.

Fundación ONCE for cooperation and Social Inclusion of people with disabilities, for an amount of 153.000,00 euros.


Platform State representative of people with physical disabilities, for an amount of 352.000,00 euros.

2. the purpose of these grants will be economic and financial support of the central structures of the entities, which will include current expenses and regular functioning of these derivatives.

3. the requirements of beneficiaries, their accreditation, eligible expenditure, the competent body for the granting of subsidies, the deadlines, the form of justification, among others, shall be governed by provisions in the law 38/2003, 17 November, General subsidies and its development regulations, as well as the provisions of the resolution or agreement that in accordance with the provisions of articles 65 and 66 of that regulation, it implemented each direct subsidy. The resolution or agreement may provide that the payment of the grant is made in a single advance payment, in accordance with article 34.4 of law 38/2003 of 17 November, General subsidies and its development regulations.

Available end first. Legislation applicable to the entities of the Third Sector of Social action.

The entities of the Third Sector of action Social is governed by the legislation specific, that is applicable depending on the form legal that have adopted. Consideration of the Social Action Third Sector entities, in accordance with the provisions of this law, does not excuse compliance with all requirements and conditions established such specific legislation.

Second final provision. Title competence.

This law is issued on the basis of article 149.1.1. ª of the Constitution that the State given the exclusive jurisdiction over the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of the constitutional duties, except the second paragraph of the second additional provision dictating to the protection of the provisions of article 149.1.31. ª of the Constitution, which attributes to the State competition of statistics for end state.

Third final provision. Regulatory development.

The Government, within the scope of its powers, and after consultation with the State Council of non-governmental Social action organizations and the Commission for Civil dialogue with the platform of the Third Sector, shall adopt, with respect to the Third Sector of Social Action of State-level institutions, many provisions are necessary for the development and implementation of this law.

Available to finish fourth. Entry into force.

The present law shall enter in force the day following to the of your publication in the «Bulletin official of the State».

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, October 9, 2015.

PHILIP R.

The President of the Government, MARIANO RAJOY BREY