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The cabinet approves the regulations for the reform of the functioning of public administrations

12 May 2015

The most important changes are being bet for a public administration, fully electronic, with zero role and interconnected, which provides electronic relations of citizens and businesses with management, as well as electronic communications between administrations, which increases transparency when creating new administrative public records and streamlines the administrative structure and provides for the first time a system for monitoring, assessment and extinction of public bodies.

The cabinet has approved a referral to the General Slices of bills of Common Administrative Procedure of public administrations, and Legal Regime of the public Sector, which will fully electronic administration, interconnected, transparent and with a clear structure and simple. Both have been informed by the Autonomous Communities, local entities, the General Council of the judiciary, the agency of data protection and the council of State.

This reform is based on two additional lines: the referred to external relations of the administration with citizens and businesses, the bill of Common Administrative Procedure of public administrations, and the organization and internal relations within each administration and between the different administrations, which focuses the bill of Legal Regime of the public Sector.

Main developments for citizens

  • Provides electronic relations of citizens with the administration. With this aim enabled the presentation of writings at any time in the electronic registration of any Administration, regardless of who is visiting.
  • It simplifies the means of identification and electronic signature that can be used for administrative procedures. This power, for example, the use of electronic keys concerted provided the citizen at the time for processing, provides personal assistance by the administration in the use of electronic means to those citizens who need it and is expected to the administrations can alert the citizen, if they have been authorized, by message to the mobile phone that has a notification that may consult electronically.
  • Reducing administrative burdens and provides as a general rule non-application of original documents, for example, the statement of income or registration certificates, etc. There is No citizens to submit photocopies of documents, but, registered Them electronically, the administration will develop the copies you need.
  • There will be a single common procedure, easier to know, regardless of the abundant current number of special procedures, and provides an administrative procedure "Check-Out" for less complex cases, thereby gains agility to reduce deadlines.
  • For spreads all administrative procedures the possibility of reducing the amount of sanctions by early payment or recognition of responsibility.
  • Moreover, citizens can know the main reforms that it intends to adopt each year through the so-called annual Plan policy.

Main developments for companies

  • Businesses are connected, obligatorily, electronically with all administrations, as they have already with the agency tax and Social security, and may give powers electronically to their representatives perform administrative procedures. To facilitate this task will have an administrative register of powers at your disposal.
  • Reducing administrative burdens without demanding as a general rule documents that have been submitted previously, or processed by the administration itself (for example: licences or already issued).
  • At the state level, is fixed in general a common date (January and June) of the entry into force of rules that impose obligations to professionals and companies for the development of their economic activity or professional, which allows businesses to power plan your activity with greater certainty and adapt better to policy changes.

Greater transparency and operation leaner public administrations

The payout of agility will, both for the management of administrative procedures, to predict that all communications between administrations will be electronic Full in all its procedures, which will reduce processing times, as in the processes of development of standards, to predict, at the state level, an accelerated procedure, enabling regulatory responses quicker to specific problems.

This is compounded by different actions to deepen in the path of transparency launched in the last year. These include the creation of a Single inventory and public of all agencies and entities linked or dependent on all administrations. Any citizen and company may know what public agencies and entities exist in every moment in any administration, which joins that all agencies and State entities, regardless of their name, should add the acronym which identify their legal nature. This will help improve their mark on the market in a clear and easy for its legal identification by any operator.

Para ahondar en la mejora de la transparencia también se crea un nuevo registro estatal en el que constará todo el listado de órganos de cooperación en los que participa la Administración General del Estado, así como de los convenios que el Estado tiene suscritos con otras Administraciones.

Moreover, also wins in transparency in the regulatory procedures to anticipate the realization of a public consultation via the website prior to the development of policy proposals. Also, there will be an evaluation policy initiatives adopted last year as a control mechanism ex post, with the aim of analyzing the effects of their application, the degree of fulfilment of its objectives and, if necessary, proposals to amend or repeal.

Moreover, sectoral conferences, the main body of cooperation between the state and the Autonomous Communities, will be informed about the bills when affect the scope of other public administrations, with the objective of improving the exchange of information between the different administrations and avoid duplication.

Greater control and discipline of public administrations to strengthen fiscal consolidation

The bill of Legal Regime of the public Sector simplifies the public sector institutional, streamlining to future types of public agencies and entities that can exist at the state level, and provides a complete regime, more agile and efficient transformations, mergers, dissolution and liquidation extinction of entities and public agencies. In this new regime deserves special mention the regulation of new cases of dissolution of entities, especially when they are in economic imbalance for two years or finding that are no longer suited to meet the ends justifying creation.

Create new controls on entities and public sector agencies, continuous monitoring both to regularly assess compliance with the action plan and its financial sustainability, as control of effectiveness, to assess whether they are achieving the objectives for which they were created.

In addition, it becomes more demanding the creation of new agencies and government entities to avoid their proliferation unjustified. Will require the development of an action plan and report prescriptive from the finance ministry and public administrations to assess the need of its creation, sustainability and the absence of overlap with other existing entities.

For greater rigour and better control it clarifies the minimum content agreements concluded between public administrations, and regulate procedures and prescriptive reports to be carried out, especially if they involve financial contributions, including the obligation of communication to the court of Accounts.

Better cooperation and coordination between the different public administrations

For the first time, in a law regulating the basic elements of composition and functioning of the conference of presidents, formed by the president of government and autonomic presidents.

Regulates more accurately sectoral conferences as organs crucial cooperation between the state and the Autonomous Communities, where they meet regularly ministers and competent advisers by reason of the area. For the first time its Agreements are, in general, mandatory.

Finally, also includes specific measures to improve the functioning of the General administration of the state, including the requirement for members of government, secretaries of state, under-secretaries, secretaries-general, delegates from government and CEOs eligibility requirements prescribed by law 3 / 2015, 30 March on the exercise of the high position of the General administration of the state or forecasting electronic processing of proposals and agreements of the council of Ministers.

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