Spanish Public Admin: Budgets, Contracts & Citizen Rights

Spanish General State Budgets (PGE) Key Points

Approval Process

The legislative draft of the General State Budgets (PGE) requires the King's sanction and publication in the Official State Gazette (BOE).

Elaboration Responsibility

The elaboration of the PGE corresponds to the Ministry of Finance.

Budget Cycle

The budget cycle includes: development, adoption, implementation, and monitoring.

Internal Control

Internal control is exercised by the Court of Auditors.

Court of Auditors Accountability

The Court of Auditors reports to the Parliament (Cortes Generales).

Prado Museum Funding

Are budgets for the Prado Museum included in the PGE? Yes.

Public Sector Contracts Fundamentals

Price Requirement

Administrative contracts must have a determined price.

Guiding Principles

Public contracts adhere to the principles of publicity, competition, equality, and non-discrimination.

Award Criteria

Contracts are awarded to the bidder with the most economically advantageous offer (often the lowest price).

VAT Inclusion

Do public contracts include VAT? Yes.

Contract Duration

Can council contracts be perpetual? No.

Service Provision

Can the Public Administration provide services through private clinics? No.

Public Works, Services, and Supply Contracts

Works Contract Purpose

A works contract's objective is the construction of buildings.

Works Contract Warranty

The warranty period for works contracts shall not be less than ten years.

Supply Contract Purpose

A supply contract's objective is the acquisition and leasing of goods, such as computer equipment.

Service Contracts

Entities often use public service management contracts for services like school cafeterias.

Contractor Employee Status

Are workers in companies managing public services (e.g., school cafeterias) considered public employees? Yes.

Inter-administrative Relations & Citizen Rights

Inter-administrative Relations

These are organized through:

• Bilateral Cooperation Commissions
• Sectoral Conferences
• Collaboration Agreements
• Consortia
• Joint Plans and Programs

Administrative Bodies

Administrative bodies are created hierarchically, defining dependencies, functions, powers, financing, and operational start-up methods. Duplication should be avoided, especially in collegial bodies involving various public administrations and social interests.

Interested Parties

Any person who establishes relations with the administration is considered an interested party (simple or qualified).

Public Assets

Public administration manages assets and liabilities (patrimony).

Management Techniques

Special management circumstances involve using techniques like direct management, delegation of powers, delegation of signature, and substitution.

Citizen Rights

Citizens have the right:

• To choose representation responsibly.
• To know the status of their procedures.
• To identify authorities and personnel.
• To obtain sealed copies of documents.
• To present arguments and provide documents.
• To be treated with respect.
• To get access to records and files.
• To get information.
• Not to submit documents that are not required or already held by the administration.

Legal Deadlines

Deadlines calculated in working days exclude Sundays and holidays. Deadlines set in months or years end on the corresponding day of the final month; if that day doesn't exist, the deadline is the last day of the month.

Recusal and Abstention

Grounds for recusal and abstention include:

• Personal interest in the case.
• Kinship.
• Close friendship or manifest enmity.
• Relationship with legal representatives or advisors.
• Having acted as an expert or witness in the procedure.
• Having provided relevant services.