Legal Aid Agreement between the General State Administration (Ministry of Justice, State Attorney General) and the University of Valladolid
TOGETHER
On the one hand, Mrs. Consuelo Castro Rey, in her capacity as State Attorney General, a position for which she was appointed by Royal Decree 19/2023, of January 17 (BOE no. 15, of January 18, 2023) , who acts by virtue of the delegation granted in his favor by the Minister of Justice in article 7 d) of Order JUS/987/2020, of October 20, on delegation of powers.
On the other hand, Mr. Antonio Largo Cabrerizo, acting in number and representative of the University of Valladolid, with registered office in Valladolid, Plaza Santa Cruz no 8, and NIF Q4718001C, in his capacity as Rector Magnificent of the University of Valladolid, position for which he was appointed by Agreement 30/2022, of April 7, of the Junta de Castilla y León (BOCYL no. 69 of April 8), whose competence to sign agreements derives from the provisions of articles 85 and 88 .i of the Statutes of the University of Valladolid, approved by Agreement 111/2020, of December 30, of the Junta de Castilla y León (BOCYL no. 269 of December 31).
MANIFEST
First. That the General Attorney of the State is the Directing Center that has legally attributed the powers of legal assistance to the State and its autonomous Bodies and to the Constitutional bodies. For the rest of the entities and organizations that make up the state public sector, it is legally provided that the State Attorney General can provide legal assistance through the timely formalization of an agreement.
Second. That the University of Valladolid is a public institution as provided for in article 2.2.c) of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations and in article 2.2.c) of the Law 40/2015, of October 1, of the Legal Regime of the Public Sector, having as its objective the provision of the public service of higher education to which the teaching, study and research activities correspond; It has its own legal personality and full public and private capacity, which exercises its functions with autonomy and independence from the Public Administrations.
Third. That the University of Valladolid, in accordance with the provisions of Law 52/1997, of November 27, on Legal Assistance to the State and Public Institutions and Royal Decree 997/2003, of July 25, which approves the Regulation of the State Legal Service, currently has a Legal Assistance Agreement, dated March 2, 2021, signed with the State Attorney General.
Room. That in order to achieve greater effectiveness and coordination of legal assistance to the University of Valladolid, both parties consider convenient the appointment by the State Attorney General of one or more active State Attorneys who act as director coordinators of legal assistance .
Fifth. That the text of the standard legal assistance agreement has been reported by the State Attorney at the Ministry of Justice.
Sixth. That, in order to regulate the conditions for the provision of this legal assistance in the manner provided in the legal system, those appearing sign this Agreement, in accordance with the following
CLAUSES
Second Faculty of election of representation and defense
Without prejudice to the provisions of the previous clause, the University of Valladolid reserves the right to be advised, represented and defended by a lawyer and, where appropriate, a specially designated attorney for this purpose in accordance with common procedural rules.
Accept that legal assistance is waived by the State Attorney, for the entire processing of the judicial procedure, from the moment the agreed entity appears or addresses the court through any other representation.
Third opposition of interested parties
The legal assistance of the State, through the State Attorneys integrated in it, will not be provided when there is a conflict between the interests of the University of Valladolid and the State or its Autonomous Bodies. In this case, the University of Valladolid will be advised, represented and defended by a lawyer and, where appropriate, a solicitor, specially designated for this purpose in accordance with common procedural rules.
Whenever there is a conflict of interests between the University of Valladolid and another agreed entity, as a general rule, the State Attorney General will refrain from intervening in the judicial process in defense and representation of one entity or another. The State Attorneys, before appearing in these cases, will consult the State Attorney General.
Coordinator of the Fourth Appointment of State Attorneys
The State Attorney General will designate one or more active State Lawyers to act as coordinators of the agreed Legal Assistance both in consultative matters and, where appropriate, contentious.
It is the responsibility of the coordinators of the legal assistance agreements to maintain an updated list of the status of legal proceedings in which the State Attorney is involved and the agreed entity is part. At the end of the agreed entity must prepare a list of said lawsuits.
Fifth Duration
This Agreement has a duration of two years. However, it may be extended for a maximum of two more years by express agreement of the parties adopted before the end of said period of validity. The extension agreement will be formalized by means of an addendum.
In accordance with the provisions of article 48.8 of Law 40/2015, of October 1, this agreement is perfected by the provision of the consent of the parties and will be effective once registered, within a period of five business days from its date. formalization, in the state Electronic Registry of Cooperation Bodies and Instruments of the state public sector, referred to in the seventh additional provision of said Law.
Likewise, they will be published within a period of ten business days from their formalization in the Official State Gazette.
Sixth Counterprestacin
As consideration for the legal assistance service referred to in the Agreement, the University of Valladolid pays the State Attorney General the annual amount of twenty thousand euros (20.000,00 euros) plus VAT, which will be paid by third parties corresponding to the periods: January-April, May-August and September-December.
Payment will be made using MODEL 069 as the payment document to be sent together with the duly completed invoice. The University of Valladolid must make the payment within the period provided in article 62.2 of Law 58/2003, of December 17, General Taxation, to count from the day following the date of receipt of the invoice and the model, in Any collaborating entity or telematically, having, once the operation is carried out, send a copy of it to the Deputy Directorate of Personal and Material Resources of the State Attorney General's Office.
Seventh Coasts
In the processes in which there are convictions for costs, the following rules will be applied:
- 1. When the one sentenced to pay the costs is the University of Valladolid, it is up to the University of Valladolid to pay the costs to the opposing party.
- 2. When the party ordered to pay the costs is the opposite party, it is entered in favor of the University of Valladolid.
Octave Modification
This agreement can only be modified by express agreement of the parties during its validity or successive extensions.
Likewise, at any time during the validity of the Agreement, the agreed legal assistance may be extended or reduced as long as there is an express agreement of the parties.
Any modification will be formalized through the corresponding addendum to the agreement.
Ninth Control and Surveillance of the execution of the agreement
For the surveillance and control of the execution of this legal assistance agreement and of the commitments acquired with its signature, a follow-up commission is established, made up of two members from each of the parties. This commission will resolve any problem of interpretation or compliance that may arise. The rules of operation of said commission are recorded by the regulations governing the system of collegiate bodies of the Public Administrations.
The parties will determine by annex the composition of the commission that, at least, must meet once a year.
Tenth causes of resolution
Your cause for termination of the Agreement:
- a) The expiration of the period of validity of the agreement or, where appropriate, the expressly agreed extension.
- b) Mutual agreement.
- c) Failure to comply with the essential obligations assumed in this agreement.
In this case, notify the defaulting party of a requirement to comply within a period of 30 calendar days, the breached obligation. This requirement will be communicated to those responsible for the Commission established in the ninth clause and the signatory entity.
If after the period indicated in the request the non-compliance persists, the party that directed it notifies the other of the concurrence of the cause for resolution and the agreement can be heard resolved. The resolution of the agreement for this reason may entail compensation for the damages caused, in accordance with the criteria determined by the monitoring commission.
- d) By judicial decision declaring the nullity of the agreement.
- e) By extinction of the legal personality of the agreed entity.
- f) For any other cause other than the above provided for in other laws.
Eleventh Nature of the Agreement and Jurisdiction
This Agreement has an administrative nature and is subject to the legal regime of agreements provided for in Chapter VI Preliminary Title of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
Controversies regarding the interpretation and execution of this agreement will be resolved within the monitoring commission in the event that this is not possible, the contentious-administrative jurisdictional order will be competent to resolve disputed issues that may arise between the parties, in accordance with the provisions of articles 1 and 2 of Law 29/1998, of July 13, regulating said jurisdiction.
Twelfth Termination of the validity of the previous agreement
Once this agreement has acquired legal validity, in accordance with the fifth clause, the previous agreement signed between the parties on March 2, 2021 will be resolved, settled and terminated, without the need for any additional settlement. Accordingly, this agreement will be superseded in its entirety and the agreement will terminate for the parties on March 2, 2021.
The payment of the outstanding amounts corresponding to the four-month period in progress on the date that the Agreement acquired legal effectiveness will be made under this agreement.
LE0000691732_20220117
And for the record, and in proof of conformity, they digitally sign this Agreement.-The State Attorney General, Consuelo Castro Rey.-The Magnificent Rector of the University of Valladolid, Antonio Largo Cabrerizo.
