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In compliance with article 41.1 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, automated administrative action is understood as any act or action carried out entirely through electronic means by a Public Administration within the framework of a administrative procedure and in which a public employee has not directly intervened. Section 2 of the same article provides that, in the event of automated administrative action, the competent body or bodies must be previously established, as the case may be, for the definition of the specifications, programming, maintenance, supervision and quality control and, where appropriate. , audit of the information and its source system code, as well as indicating the body that should be considered responsible for the purpose of challenging.
In accordance with the provisions of the aforementioned article 41.1 of Law 40/2015, of October 1, article 130 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30, October, related to the electrical process of procedures in Social Security matters, contemplated the possibility of adopting and notifying resolutions automatically in the procedures of affiliation, contribution and collection of Social Security, whose management corresponds to the General Treasurer of Social Security to the under the provisions of article 1 of Royal Decree 1314/1984, of June 20, which regulates the structure and powers of said common Social Security service.
For this, the aforementioned article 130 provides that the procedure or procedures in question and the competent body or bodies for the definition of the specifications must be previously established, by resolution of the head of the General Directorate of the General Treasury of Social Security. , programming, maintenance, supervision and quality control and, where appropriate, auditing of the information system and its source code, as indicated by the body that should be considered responsible for the purpose of challenging.
In turn, article 13.2 of the Regulations for the action and operation of the public sector by electronic means, approved by Royal Decree 203/2021, of March 30, specifies that, at the state level, the resolution by which a act administratively as automated, it will have to be published in the electronic headquarters or associated electronic headquarters and express the appeals that proceed against the action, the administrative or judicial body, as the case may be, before which they have appeared and the term to file them, notwithstanding that Interested persons may exercise any other that they deem appropriate.
For its part, article 42.a) of Law 40/2015, of October 1, allows each Public Administration to use, as an electronic signature system for its automated administrative action, an electronic stamp of Public Administration, body, public body or public law entity, based on a recognized or qualified electronic certificate that meets the requirements of the electronic signature legislation.
The Resolution of December 29, 2010, of the then Secretary of State for Social Security, on the creation and management of electronic stamps for automated administrative action in the field of Social Security, enabled in its second section the holders of addresses general, managing entities and common Social Security services to create specific stamps for automated administrative action by resolution of the competent body in each case.
In exercise of such authorization, this General Directorate issued the Resolution of March 19, 2014, for which the electronic stamp of the General Treasurer of Social Security. In accordance with its second section, the aforementioned electronic seal is created for the identification and authentication of the exercise of competence in its automated administrative action.
Article 1 of Royal Decree 1314/1984, of June 20, which regulates the structure and powers of the General Treasury of Social Security, establishes its powers, among which are the management and control of the contribution and collection of quotas and other financing resources of the Social Security System.
Likewise, article 2 of the General Regulation of Social Security Collection, approved by Royal Decree 1415/2004, of June 11, attributes to the General Treasurer of Social Security, the exclusive competence of managing the collection of resources of the Social Security System.
The issuance of debt claims and enforcement measures for Social Security contributions or for resources other than quotas, constitutes an administrative action carried out within the framework of the management of the collection of the resources of the Social Security System, by For this reason, it corresponds to the General Treasurer of the Social Security, its generation in accordance with the information that also appeared in the databases.
Bearing in mind that the General Treasurer of Social Security is the competent body for the generation of debt claims and award orders as provided for in the second paragraph of article 130 of the consolidated text of the General Law of Social Security, that empowers the General Director of the General Treasurer of Social Security to determine the automated administrative procedures in matters of affiliation, contribution and recommendation,
This General Directorate resolves:
First. Automated administrative actions and applicable electronic signature system.
1. In accordance with the provisions of article 130 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 8/2015, of October 30, in the field of powers in terms of revenue management that correspond in the General Treasury of the Social Security, the following are determined as the automated administrative actions:
2. In the automated transmission of the resolutions referred to in section 1, it is used as a firm electrical system for the electrical personnel of the General Treasurer of the Social Security.
Second. responsible body for the purposes of challenges.
1. The automated administrative acts referred to in this resolution are adopted by the Social Security administration of the Provincial Directorate of the General Treasurer of Social Security that corresponds to the domicile of the person responsible for the payment, established in article 16 of the General Regulations. Social Security Recommendation, approved by Royal Decree 1415/2004, of June 11.
2. In the aforementioned debt claims and enforcement measures adopted automatically, which do not put an end to the administrative process, it shall be noted that an appeal may be filed against them, within a period of one month, before the appeals unit. of the Provincial Directorate of the General Treasurer of the Social Security that corresponds in accordance with the provisions of the previous section.
If it is related to the acts and actions that are subject to automation, there would have been an extension of competence to a certain Provincial Directorate of the General Treasurer of Social Security, under the provisions of the thirty-third additional provision of the consolidated text of the Law General of the Social Security, in such cases, the resolution of the appeal corresponds to the head of said Provincial Directorate.
Third. Bodies or competent units in relation to the definition of the specifications, computer design, programming, maintenance, supervision and quality control and auditing of the information system and its source code.
1. The competent body for the definition of the specifications will be the General Sub-directorate of Affiliation, Quotation and Collection in the Voluntary Period.
2. The competent body for the computer design, programming, maintenance, supervision and quality control and auditing of the information system and its source code will be the Social Security Computer Management.
Room. Publication and effective date.
This resolution will be published in the Official State Gazette and in the electronic headquarters of the Social Security and take effect in relation to debt claims and urgency orders that are issued as of July 1, 2023.
