Devolution of governmental institutional public sector
Royal Decree 209/2002 of 22 march, which establishes the procedure for determining the physical locations of the entities belonging to the public sector institutional state and the advisory committee to the determination of the headquarters
The spanish constitution, in stating the principles that should govern the functioning of public administration, highlights of effectiveness, hierarchy, decentralization, deconcentration and coordination. The principle of territorial deconcentration was enshrined in article 54.1 of law 40/2015, of 1 october, from The Legal Regime of the public Sector, stating that “ The General state administration act and is organized according to the principles set out in article 3, as well as functional decentralization and deconcentration functional and territorial ”. The territorial deconcentration excludes a conception of the General state administration as entirely entity located in the capital, so it is the existence of a structure territorialized and, therefore, closer to its citizens.
The spanish constitution does not prescribe the form in which it should establish territorial distribution of the headquarters of the public sector. Its article 5 does not include any provisions concerning what locations will be host public entities nor any reservations of fixed or pre-configures law any specific procedure for the determination of these offices.
Accordingly, to give effect to these principles requires the existence of a structure territorialized, closer to its citizens, which promotes the role of hermeneia public institutions in the territory, has been to establish a procedure that would make it possible to streamline the physical location of the public sector and state institutional, because it is undisputed that public institutions have a beneficial role in the physical environment in which, in addition to contributing to the establishment of direct and indirect employment and enable a more extensive dialogue with the sectors concerned developing their participation in decision-making.
These positive effects of the deconcentration of public physical headquarters will be strengthened with the establishment of a procedure for election, which integrates streamlined criteria such as territorial cohesion, public service efficiency and transparency, through a deliberative mechanism that draws on the potential of all the autonomous communities and towns with the statute of autonomy, thereby contributing to strengthening the role of the public sector as essential structure.
Royal Decree 209/2002 of 22 march, which establishes the procedure for determining the physical locations of the entities belonging to the public sector institutional state and the advisory committee to the determination of the headquarters
The Royal Decree 209/2002 of 22 march 2002, which establishes the procedure for determining the physical locations of the entities belonging to the public sector institutional state and the advisory committee to the determination of the headquarters level, it establishes a procedure streamlined in the selection of the headquarters of the state public entities. This system, objective, transparent and competitive, integrated approaches, including territorial cohesion, public service efficiency and transparency, so ensuring that the public sector will have a common role of the territory and ensure that public bodies to integrate in an environment adapted to your needs.
This procedure will start on a case-by-case basis, by agreement of the council of ministers. Article 6.2 of the royal decree 209/2002 provides that “ the commission, within one month after receipt of the agreement, prepare the report under article 3.2.b) containing the list of criteria that will be taken into account in determining the physical location of the entity. These criteria should comply with the principles set forth in article 2, as well as to the specific needs that are applicable to the affected entity. This report will be reported to the council of ministers and published in the official state gazette, together with the start of the procedure.
Within one month from the date of publication, the autonomous communities as well as local entities may nominate candidates of one or several municipalities to host the headquarters of health of the entity that, in turn, would have to fulfil the commitments set out in article 6.5 of the royal decree. Accordingly, the determination of each duty station shall be conducted after an analysis of the specific case to ensure the greatest possible balance between regions and the strengthening of the territorial structuring.
In this way, which promoted the legislative assemblies and village councils of the autonomous communities, as well as plenary bodies of local entities, may apply different locations in order to accommodate headquarters of the above entities, while at the same time be allowed to impair their assignments of different nature, so that the General state administration does not have to assume the full cost of the installation of an entity.
Take into account that the procedure for the deconcentration of headquarters may, in accordance with the transitional provision, not Only be for the identification of physical locations of those entities whose establishment had been authorized or provided to a legal norm prior to its entry into force (25 march 2002). This has been modified throughRoyal Decree 759/2024of 30 july, to also consider the exclusion of those entities that had been authorized or planned by a previous directive whose transposition time limit was defeated and this was not completed.
Determination of the AESIA headquarters
Determination of the AESIA headquarters
Determination of the AEE headquarters
Determination of the AEE headquarters