summary
Order ESS/763/2016, of April 5, which establishes the regulatory bases for the granting of subsidies intended to finance the renovation of facilities and equipment of employment offices with personnel from the State Public Employment Service (in hereinafter, SEPE), establishes the regulatory bases for the granting of subsidies by the State Public Employment Service to the autonomous communities, for the renovation of employment offices with SEPE personnel.
The management of the subsidies regulated in the aforementioned order has little to demonstrate the need to modify certain technical aspects of its regulation, to adjust to the vigilant norm. It was considered that the modifications that are now being made to make management more flexible, facilitating the concession procedure and, therefore, the development of rehabilitation or renovation works projects that are granted under its protection, which result in the achievement of objective of the subsidies, that is, most of the working conditions of SEPE staff and care for users.
The modification that occurs consists of a new wording of article 2.2 of Order ESS/763/2016, of April 5, regarding the accreditation, by the beneficiaries of these subsidies, by means of a responsible declaration, of not finding incursions in none of the causes of exclusion provided for in article 13.2 of Law 38/2003, of November 17, General Subsidies.
In this sense, the responsible statement will not be required for the cases contemplated in article 13.2.e) of Law 38/2003, of November 17. Specifically, not being required for the accreditation of the requirement related to being up to date in compliance with tax obligations or with respect to Social Security. Taking into account that the administration is granted the power to directly request and obtain the corresponding certificates for these purposes, in accordance with article 28.2 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations .
However, the declaration responsible for the rest of the circumstances established in the aforementioned article 13.2 of Law 38/2003, of November 17, is maintained.
It is, therefore, a partial modification and of a technical nature of the aforementioned order, which is considered necessary to approve immediately for its application in the current year.
The order complies with the principles of good regulation, necessity, effectiveness, proportionality, legal certainty, transparency and efficiency, provided for in article 129 of Law 39/2015, of October 1.
Regarding the principles of necessity and effectiveness, it is fulfilled in the environment in which the norm results in the most indicated instrument to achieve the interested parties they pursue, given the need to adapt the procedure to the current regulations. The adjustment of the order to these principles derives from the defense of the general interest, materialized in the need to streamline the procedures for granting these subsidies to improve the working conditions of the workers of the employment offices and the conditions of attention to the users of them.
In compliance with the principle of proportionality, it should be noted that the order establishes the essential regulation to meet the need for partial modification, for its improvement, certain technicians of the management of the granting of subsidies by SEPE, in Order ESS/763/2016 , from April 5.
On the other hand, the principle of legal certainty is complied with, since the order is consistent with the rest of the legal system in its scope of application, and in particular with administrative legislation.
Likewise, the principle of transparency has been taken into account, clearly defining the objective and scope of application in the preamble of the order.
For the rest, the rule is consistent with the principles of efficiency, since the rule pursues a correct use of public resources, streamlining the process of managing the processing of subsidies.
In the process of preparing this order, it has issued information to the State Attorney at the Department and the Intervention Delegate of the General Intervention of the State Administration at SEPE, in accordance with the provisions of article 17.1 of Law 38/ 2003, as of November 17.
Likewise, in the process of preparing this order, it has been informed by the Sectoral Conference on Employment and Labor Affairs and by the General Council of the National Employment System.
By virtue thereof, with the prior approval of the Minister of Finance and Public Administration, available:
Sole article Modification of Order ESS/763/2016, of April 5, which strengthens the regulatory bases of grants intended to finance the renovation of facilities and equipment for employment offices with personnel from the State Public Employment Service
Section 2 of article 2 of Order ESS/763/2016, of April 5, is worded as follows:
2. The requesting autonomous communities must prove, in accordance with the respective call and through a responsible declaration, that they are not involved in any of the circumstances provided for in article 13.2 of Law 38/2003, of November 17, General Subsidies, to except for the assumptions provided for in section 2. e) of said article, referring to the requirement to be up to date with tax obligations and Social Security, which will be accredited by means of a certificate issued by the competent body, collected by the Public Service of State Employment, for each of the requesting autonomous communities.
LE0000575180_20220506
Single transitional provision Application regime
The provisions of the sole article will be applicable to the requests that are submitted from the date of entry into force of the order.
Single final provision Entry into force
This order will enter into force the day following its publication in the Official State Gazette.
