Prior public consultation on the draft royal decree of adaptation of existing public agencies at state level to law 40/2015, of 1 october, from The Legal Regime of the public Sector

The process of adapting the bodies which make up the institutional administration to the relevant law about regulation of his regime is novel and pursuant to royal decree 370/1999 of 5 march, the adaptation of various public law entities to the provisions of law 6/1997, of 14 april, the organization and functioning of the General state administration.

Law 40/2015, of 1 october, from The Legal Regime of the public Sector had intended to“ simplifying the structure of the public through the streamlining of the typology of public entities and organizations by establishing a new classification clearer, orderly and simplified ”. The outline that trace the legal text to understanding how the decisions of government and executive measures that the organizational structure of the public television companies, as well as the responsibilities and functions of each entity.

This legal text is a division within the public sector institutional between autonomous agencies, business or public entities and state agencies, to incorporate then also to the public sector bodies state institutional independent administrative authorities, state companies, trusts, foundations of the public sector, the funds without personality and the public universities are not transferred.

The act contains additional provision in its fourth (adaptation of public entities and organizations in the state level) a mandate for the constituent entities of the public sector institutional without specific regime for state suited to the regulation in order to establish a uniform framework for the more general types of entities and thus provides that:

“ entities with specific legal regime to the entry into force of this act will be guided by its specific legislation, to maintain its legal nature, and only as a default, and compatibility with its specific legislation under this law.

The other agencies and entities referred to in section 84.1 of this law, existing at the time of entry into force of the same, must be adapted to its contents before 1 october 2024, guided until there is the adaptation for his precise rules.

Adaptation will be carried out while preserving the current specialities from the agencies and entities in terms of personnel, assets, financial regulation, accounting, control and operations económico-financiero as an agent of financing, including with regard to the latter, the submission, if any, to the legal system. The specialties will be preserved, provided that it would have generated significant deficiencies in the control of income and expenditure that cause a situation of financial imbalance in the time of adaptation.

The entities that did not have the attention of contracting this speciality, preserved as long as they are not opposed to the community regulations ”.

In this project is on normative legal mandate contained in the additional provision of the fourth legal text and addresses the adaptation of public agencies that appear on the law as central categorization of the agencies that are members of the public sector institutional, distinguishing between autonomous agencies, business or public entities and state agencies. This policy seeks to establish a homogeneous framework for more general types of entities in relation to its structure and functioning, as well as its management, especially with regard to the assessment of their effectiveness, efficiency and transparency.

In short, this draft legislation incorporating the necessary adjustments to the regime contained in the act on names, legal, personnel, procurement and property, económico-financiero, budgetary, accounting, financial and economic control. These are adaptations in many cases of detail or points but that it is necessary to establish a homogenization of the regulatory regime of the broadcasters, depending on their specific type and characteristics

This draft legislation becomes, therefore, in the correct legal instrument and voluntary and to advance the process of rationalization and simplification of the state institutional administration launched by the legislator. Choice because it will carry out the modifications required to implement the standard framework established by law 40/2015, of 1 october, from The Legal Regime of the public Sector; and voluntary, because it has been included in the bodies which have chosen this avenue instead of resorting to a specific and standard for adaptation. Those who have not been included because adaptation was carried out recently by changing their Status or because they are a change in its statute.

Accordingly, it is necessary to adapt the law of public bodies brought to the regulation contained in act 40/2015, of 1 october, from The Legal Regime of the public Sector, and thus establishing a homogeneous framework.

The future regulation should be to implement the legal mandate contained in the fourth additional provision of law 40/2015, of 1 october, from The Legal Regime of the public Sector.

With the non-regulatory options ahead required adaptation of its regime the contents of the law 40/2015, of 1 october, the following are significant regulatory options:

An alternative to carry out adaptation would have been to adopt a specific policy for each of the public bodies must adapt the contents of the law 40/2015, of 1 october, however, this corresponds to a large number of rules, which does not seem to fit; especially when the changes that are needed in most entities have not been extensive.

That is why criteria are advising rationality choose to join in a single rule the changes needed in the regulation of the agencies and entities.

Another alternative would have been a policy similar to the draft Royal Decree 370/1999 of 5 march, which had opted for a general adaptation referring to the regulatory regime LOFAGE. However, it has also been ruled out this alternative because it had been considered more illuminating and transparent scheme it outlines the policy level.