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Order Pre/934/2012, Of 24 April, On Delegation Of Powers In Bodies Of The Ministry Of The Presidency And Its Public Agencies.

Original Language Title: Orden PRE/934/2012, de 24 de abril, sobre delegación de competencias en órganos del Ministerio de la Presidencia y de sus organismos públicos.

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TEXT

By Royal Decree 1823/2011 of 21 December, the structure of the higher bodies of the ministerial departments was established. Subsequently, by Royal Decree 1887/2011 of 30 December, the basic organic structure of the ministerial departments was approved.

Finally, by means of Royal Decree 199/2012 of 23 January, the basic organic structure of the Ministry of the Presidency has been developed, in line with the forecasts of the previous rules, while the Last mentioned.

Given the changes made to these standards in relation to the previous organizational structure, it is essential to review the current configuration of the delegation of competencies in the Ministry.

This Order includes both competencies delegated by the head of the Department in different bodies, and the approval by the holder of the delegations made by the different bodies. Senior officials and managers of the Department in other bodies. In addition, privileges are delegated to the Public Bodies attached to the Department.

With the articulation of this new scheme in the exercise of the competences of the different structures of the Ministry is, in short, the achievement of a balance in the workloads that improves the effective exercise and efficient of the functions, resulting in the improvement of the quality of the services provided by this Department.

In its virtue, in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the additional provision thirteenth of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and in Article 20 of Law 50/1997, of 27 November, of the Government, I have:

I. Powers delegated by the person holding the Ministry

First. Deputy Secretary of the Presidency.

The following competencies are delegated to the Chair under the Chair of the Chair of the Department:

1. In the field of staff, both official and labour, as appropriate:

(a) The administration of Human Resources in the Department and its public bodies, with the exception of the powers conferred on the Secretaries of State, in accordance with the specific legislation on personnel.

b) The proposal and implementation of plans for the management of human resources affecting the Ministry or its related public bodies.

(c) The provision of free-designation jobs, upon public notice, with the exception of the posts of Deputy Directors-General attached to the Secretaries of State.

(d) The appointment and termination of the eventual staff.

e) Call for and resolution of competitions for the provision of posts of official personnel, according to the previously approved bases. The determination of the members of the Valuation Commissions.

f) Call for and resolution of competitions for the provision of work staff positions.

g) The proposal for the approval or modification of the relations of the work of the Department and of its public bodies attached, as well as the modification of the same in the cases in which it is expressly authorized by the Ministry of Finance and Public Administrations.

h) The formalisation of contracts for senior management staff.

i) The setting of criteria for the assessment of staff performance and for the overall distribution of the productivity complement and other legally anticipated performance incentives, in the field of the Department and its public bodies attached to it, as well as its distribution in the Department.

(j) The imposition of sanctions by the commission of serious and very serious misconduct, in the exercise of disciplinary powers, except the separation of service, both in the Department and in the public bodies attached, except in relation to the official staff assigned to the National Heritage Board.

k) The award of prizes and rewards, in the Department as well as in the public bodies attached, except in relation to the staff assigned to the National Heritage Management Board.

(l) The provision of compliance with the sentences that entail the loss of the status of an official, within the scope of the Department as well as its public bodies attached, in accordance with the provisions of the articles 63.e) and 66 of Law 7/2007, of 12 April, of the Basic Staff Regulations.

m) The designation of the representation of the Ministry in the collective bodies or working groups, in the field of personnel, in which the head of the higher or managerial body that is to represent the institution is not previously determined Ministry.

n) The declaration in the situation of special services or services in other Public Administrations of the officials, as provided for in the Basic Staff Regulations.

o) Recognition of the destination supplement provided for in Article 33 of Law 31/1990 of 27 December.

p) Other competencies attributed to the person holding the Ministry referred to the personnel of the Department and of the Public Bodies attached that have not been delegated to other bodies.

2. In the field of procurement, economic and financial management and budgetary management:

(a) All powers, with the exception of those delegated to other bodies, which the legal system attributes to the person holding the Department as a contracting authority, including the approval of expenditure, in relationship to contracts concluded in the field of the Department whose initial budget exceeds EUR 250,000, including taxes.

Likewise, the faculty of prior authorization referred to in Article 317.5 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, is delegated to contract by a higher value than that fixed in the third transitional provision of that recast text.

(b) Competition to conclude supply and service contracts affecting the scope of more than one contracting authority, and without prejudice to the provisions of Article 206 of the recast of the Law on Contracts of the Public Sector, approved by Royal Legislative Decree 3/2011 of 14 November, with respect to centralised procurement at the State level, for its specific use by the Department.

(c) Competition for the conclusion of collaboration agreements or similar instruments with Autonomous Communities, Provincial Members, Councils and other public entities and with natural or legal persons.

(d) Competition to formalize management agreements under Article 15 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative.

e) Competition to establish the system of fixed cash advances within the scope of the Department, under Royal Decree 725/1989 of 16 June, and development regulations.

(f) The jurisdiction to issue rules for the issue of payment orders to be justified in the field of the Department, as well as that provided for in Article 79.2 of Law 47/2003 of 26 November, General Budget, concerning the authorisation of the issue of payments to be justified.

g) Competition to authorize and commit expenditure, to recognise obligations and to propose the payment of non-chargeable economic obligations to Chapter 1 of the Department's budget expenditure programmes, when their the amount exceeds EUR 250,000, including taxes, except as delegated to other bodies for the authorisation of accounting documents.

(h) The approval of the dossiers for budgetary modifications in cases where the competence corresponds to the holder of the Department, as well as the referral of the proposed modification of appropriations whose authorization corresponds to the Ministry of Finance and Public Administrations.

i) The accountability to the Court of Auditors, through the General Intervention of the State Administration, as set out in Title IV, Chapter 2, Section 2, of the Accounting Instruction for Administration General of the State, approved by Order EHA/30 67/2011 of 8 November.

(j) Competition to convene and award grants, including the approval of expenditure, in accordance with the terms of Law 38/2003 of 17 November, General of Grants, the amount of which does not exceed EUR 1,800,000, and where applicable, their reinstatement, without prejudice to the powers delegated to other bodies.

(k) Competition for the recognition of pension payments provided for in Article 10 (5) of Law 74/1980 of 29 December 1980 on the general budget of the State for 1981, in cases where the such recognition corresponds to the holder of the Ministry of the Presidency.

(l) The authorisation referred to in Article 8.1 of Royal Decree 462/2002 of 24 May 2002 for compensation for service reasons, for compensation for the exact amount of the costs incurred in the commissions of the service by the Directors General or assimilated of the Department, and any other jurisdiction attributed to the holder of the Department by the aforementioned Royal Decree.

3. All the powers that the applicable law attributes to the person holding the Department in relation to the management of assets, without prejudice to the powers delegated to other bodies.

4. In relation to other competencies:

a) The approval and modification of the Department's editorial program.

b) the powers relating to the internal arrangements or the management of administrative services which are attributed by the legal system to the person holding the Department and have not been expressly delegated to other persons organs.

(c) The signature of the joint resolutions and provisions, pursuant to Article 25.f) of Law 50/1997 of 27 November of the Government, which do not have a general disposition.

d) The appointment and appointment of the members of the collegiate bodies who attribute the rules to them.

e) The convocation and award of prizes without a subvencional nature.

f) The resolution of claims that correspond to the administration's assets.

Second. Secretary-General Technical-Secretariat of the Government.

The following competencies are delegated to the General Secretariat of the Government-Secretariat of the Government:

(a) The resolution of the administrative resources that correspond to it, with the exception of the interposts against resolutions of the Technical General Secretariat itself.

b) The resolution of the prior civil and work-path complaints.

(c) The provision of compliance with judgments handed down by the courts of the administrative-administrative order which have not been expressly delegated to other bodies, as well as the execution of judgments, (a) provides for the accounting jurisdiction of the Court of Auditors in the exercise of its powers.

d) Competition to answer the requirements set out in Article 44 of Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

e) The resolution of requests made by individuals under Article 29 of the Constitution.

f) The resolution of non-execution of disciplinary sanctions.

g) The pricing of publications that appear in the Department's editorial program.

(h) The authorization to exit goods and materials from the Central Archive of the Ministry of the Presidency, in the cases provided for in Article 63.2 of Law 16/1985 of 25 June of the Spanish Historical Heritage.

Third. Sub-Directorate-General for Human Resources.

The following competencies are delegated to the Human Resources Subdirectorate General:

1. Regarding the official, eventual and labor personnel of the Department, management derived from the application of the criteria previously established in the field of the Department for the evaluation of the performance of the personnel.

2. With respect to the official staff of the Department and its public bodies attached:

(a) The appointment and termination of the holders of the free designation posts.

(b) The appointment and termination of the holders of the tender posts.

3. Competencies referred to the Department's workforce:

(a) The call for and resolution of selective testing for the recruitment of labour personnel.

b) The provision of job vacancies.

c) The formalization of employment contracts.

Fourth. Deputy Director General for Economic Management.

The following powers are delegated to the General Economic Management Subdirectorate of the person in charge of the Department, in the field of procurement, economic and financial management and budgetary management:

(a) Competition to authorize and commit expenses and to recognize obligations and to propose the payment of the economic obligations attributable to Chapter I of the Department's budget.

(b) the powers conferred on the head of the Department by the legal system as the contracting authority, including the approval of the expenditure, in relation to contracts whose value does not exceed EUR 250 000; including taxes.

(c) The authorisation and commitment of expenditure, the recognition of obligations and the proposal for the payment of economic obligations not attributable to Chapter 1 of the expenditure programmes of the Department's budget, the amount of which is not exceeds EUR 250,000, including taxes.

(d) the authorization of the payment from the fixed cash advances, as well as the processing of the accounting documents necessary for the replenishment of funds and imputation to the budget of the expenditure incurred, always within the limit of the specific budget consignment to be reported at any time.

e) The approval of the accounts supporting the obligations satisfied by the fixed cash advances and ordinary bookkeeping to justify, after the audit, and their referral to the Court of Auditors.

(f) The referral of documents to the Court of Auditors which, for the exercise of its audit function, is provided for in Articles 39 and 40 of Law 7/1988 of 5 April of the Functioning of the Court of Auditors and its development provisions.

g) Competition to agree to the cancellation and/or return of warranties of any kind constituted before the Department.

(h) The powers established in respect of the advances of current funds in goods and services in Articles 2.1.c) and 2.2.b) of Royal Decree 591/1993 of 23 April 1993 governing certain related matters with the management of expenses and payments abroad.

i) The authorization of all accounting documents, whatever their amount.

Fifth. Management Bodies of public bodies attached.

They are delegated to the Presidency of the Center for Sociological Research (CIS), in the Directorate of the Center for Political and Constitutional Studies (CEPC) and in the Management of the National Heritage Management Board (CAPN), the following powers of the person in charge of the Department, as regards their official and employment staff, as appropriate:

(a) The call for and resolution of selective testing for the recruitment of labour personnel.

b) The provision of job vacancies.

c) The formalization of labor labor contracts.

d) Management arising from the application of the previously established staff performance evaluation criteria and the consequent distribution of the productivity complement and other performance incentives.

e) In the case of the National Heritage Management Board, the awarding of prizes and rewards to the staff of the body.

f) In the case of the National Heritage Board, the imposition of sanctions by the commission of serious and very serious misconduct in the exercise of disciplinary powers, except the separation of the service, with regard to the staff of the body.

II. Powers delegated by the Secretaries of State for Relations with the Courts and Communication

Sixth. Deputy Secretary of the Presidency.

The delegation is approved in the Secretariat of the Presidency of the following powers of the Secretariat of State of Relations with the Courts and the Secretariat of State of Communication:

1. In the case of official staff and possibly, as appropriate, attached to the two abovementioned Secretaries of State:

(a) The provision of free designation jobs, upon public notice, of the posts of the Deputy Directors-General of both Secretaries of State.

b) The appointment and termination of the eventual staff.

(c) Call for and resolution of competitions for the provision of jobs of both Secretaries of State, in accordance with the bases previously approved as well as the determination of the members of the Commissions Assessment.

d) The proposal for the approval or modification of the relations of jobs, as well as their modification, in cases expressly authorized by the Ministry of Finance and Public Administrations.

e) the exercise of disciplinary authority for the imposition of sanctions by the commission of serious and very serious misconduct, except for the separation of the service, in relation to the officials assigned to those Secretaries of State.

2. In the field of economic and financial management, without prejudice to the powers of initiative and proposal of the Secretaries of State:

(a) All which the system attributes to these bodies as a contracting authority, including the approval of expenditure, in relation to contracts whose initial budget exceeds EUR 250,000, including taxes.

(b) Competition to authorize and commit expenditure, to recognise obligations and to propose the payment of non-chargeable economic obligations to Chapter 1 of the Department's budget expenditure programmes, when their the amount exceeds EUR 250,000, including taxes, except as delegated to other bodies for the authorisation of accounting documents.

(c) The referral of documents to the Court of Auditors which, for the exercise of its audit function, is provided for in Articles 39 and 40 of Law 7/1988 of 5 April of the Functioning of the Court of Auditors and its development provisions.

Seventh. Secretary-General Technical-Secretariat of the Government.

The delegation is approved at the Technical Secretariat-Secretariat of the Competition Government for:

1. The resolution of the administrative resources corresponding to the Secretaries of State of the Department, with the exception of the extraordinary resources of review and the interpositions against resolutions of the General Technical Secretariat- Government Secretariat.

2. The resolution of the pre-employment claims that correspond to them.

Eighth. Sub-Directorate-General for Human Resources.

The delegation is approved in the Subdirectorate General of Human Resources of the following powers of the Secretaries of State of Relations with the Courts and of Communication, in the field of official personnel assigned to both Secretaries of State:

(a) The appointment and termination of the holders of the free designation posts.

(b) The appointment and termination of the holders of the tender posts.

Ninth. Deputy Director General for Economic Management.

With regard to economic and financial management, without prejudice to the powers of initiative and proposal of the Secretariat of State for Relations with the Courts and the Secretariat of the State of Communication, the delegation is approved. the General Secretariat for Economic Management:

(a) Competition to authorize and commit expenses, to recognize obligations and to propose the payment of the economic obligations attributable to Chapter I of the Department's budget.

(b) Competition to authorize and commit expenditure, to recognise obligations and to propose the payment of non-chargeable economic obligations to Chapter I of the Department's budget expenditure programmes, when their amount does not exceed EUR 250,000, including taxes.

c) All the powers conferred on these bodies as contracting authorities, including the approval of expenditure, in relation to contracts whose initial budget does not exceed EUR 250,000, included.

d) Competition to agree to the cancellation and/or return of warranties of any kind, constituted before the Department.

e) The authorization of all accounting documents, whatever their amount.

III. Powers delegated by the Secretariat of the Presidency

10th. Secretary-General Technical-Secretariat of the Government.

The delegation is approved at the Technical Secretariat-Secretariat of the Government of the following powers of the Undersecretary of the Presidency:

1. The resolution of the administrative resources raised before the Secretariat of the Presidency, with the exception of the extraordinary resources for review and the actions brought against acts of the General Secretariat-General Secretariat of the Government.

2. The resolution of the pre-employment claims that correspond to you.

11th. Sub-Directorate-General for Human Resources.

The delegation of the Undersecretary of the Presidency to the Subdirectorate-General for Human Resources is approved, with the following powers of the Secretariat of the Presidency:

1. For personnel of the Department, official, eventual and employment, as appropriate:

(a) The granting of voluntary leave of absence for particular interest, as well as for any legally intended cause.

(b) The granting of re-entry to the active service from any situation involving the reservation of a job.

c) The declarations of forced retirement or permanent incapacity of the official, labor or eventual staff. Also, the declaration of voluntary retirements of the workforce.

d) The resolution of requests for extension of the stay in the active service in accordance with the current legislation.

e) The formalization of the possession and cessation of the personnel.

f) The granting of permissions and licenses.

g) Recognition and degree acquisition.

h) The recognition of previous services.

i) Control of day and time compliance.

j) The call for and resolution of support and courses in the development of the social action and training programmes and all the management acts derived from them.

k) The authorisation for assistance to training, selection and improvement courses.

l) The recognition of trienes.

m) In general, the processing and management of all the department's personnel actions attributed by the legislation to the Undersecretary and not delegated to other bodies.

2. In the field of official personnel, the approval of service commissions, within the scope of the Department or between the various public agencies that are dependent on the Department, or between those and the Department.

12th. Deputy Director General for Economic Management.

The delegation is approved in the Subdirectorate General for Economic Management of all the powers conferred on the Secretariat of the Presidency, by Royal Decree 462/2002 of 24 May, on compensation for service, except those delegated to other bodies.

13th. Technical Cabinet of the Secretariat of the Presidency.

The delegation of the Secretariat of the Presidency in its Technical Cabinet of the competition to initiate disciplinary proceedings for serious and very serious misconduct is approved, as well as the prior implementation of a reserved or preliminary, as appropriate, and the resolution of cases for minor faults, both for official and labour personnel, within the Department.

14th. Management Bodies of public bodies attached.

The delegation is approved in the Presidency of the Center for Sociological Research (CIS), in the Directorate of the Center for Political and Constitutional Studies (CEPC) and in the Management of the Council of Heritage Management. National (CAPN), upon acceptance by these bodies, in respect of their official and labour staff, as appropriate, of the following powers of the Deputy Secretary of the Presidency:

a) The formalization of the takes of possession and cesses.

b) The granting of permissions and licenses.

c) The recognition of trienes.

d) The extension declaration on the active service.

e) The declarations of forced retirement and permanent incapacity of the official, labor or eventual staff. Also, the declaration of voluntary retirement of the workforce.

f) The granting of voluntary leave for any legal cause.

g) The declaration in the situation of special services or services in other public administrations of the officials, as provided for in the Basic Staff Regulations.

h) The recruitment of labour personnel, upon call and selection.

i) The recognition of previous services.

j) Recognition of personal grade.

k) The granting of re-entry to the active service from any situation involving the reservation of a job.

l) Call and resolution of social action and training programmes.

m) Control of days and times.

n) Authorization to attend training, selection, and further training courses.

n) The temporary attribution of functions.

o) The opening of disciplinary proceedings for serious or very serious misconduct and the imposition of penalties for minor faults.

p) The appointment of representatives of the Administration in negotiating committees and in the own areas of relations with representative trade union members of the staff.

q) In general, the processing and management of all the personnel actions of the Department attributed by the legislation to the Undersecretary and not delegated to other bodies.

IV. Final provisions

15th. Control of the delegations.

The delegated bodies may require from the delegated bodies the periodic referral of a relationship of the acts which are given in the exercise of delegated powers.

sixteenth. Revocation of previous delegations.

The orders for delegation of powers that affect the scope of action of the Ministry of the Presidency, and in particular Order PRE/1127/2011 of 29 April, on the delegation of powers in organs of the Ministry of the Presidency and its public bodies attached.

seventeenth. National Intelligence Center.

The National Intelligence Center is excluded from the scope of this order.

Eighteenth. Entry into force.

This Order will produce effects from the day following its publication in the "Official State Gazette".

Madrid, April 24, 2012. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.