In accordance with the provisions of article 133.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, with the aim of improving citizen participation in the procedure for drafting regulations, prior to the drafting of the above-mentioned draft ordinance, a public consultation will be held via the municipal website www.elverger.es, which will gather the opinion of citizens and the most representative organisations potentially affected by the future regulation on:
a) The problems that the initiative is intended to solve.
b) The need for and timeliness of its approval.
c) The objectives of the regulation.
d) The possible alternative regulatory and non-regulatory solutions.
Citizens, organisations and associations that so wish may send their opinions on the aspects raised in this Ordinance, until 27/10/2023, by the following email address: alcaldia@elverger.es, or by registering at the Town Hall, as well as by any of the means established in art. 16 of Law 39/2015 on Common Administrative Procedure of Public Administrations. Likewise, a brief summary is provided below.
1.- INTRODUCTION
In the municipality of El Verger, there are non-profit associations that have been promoting initiatives and activities of public utility or social interest in areas such as Culture, Sports, Festivals, Social Action, among others, which benefit the community and strengthen the identity of this municipality. It is for this reason that the Town Council of El Verger has tried to support the associations. Likewise, the efforts made by the non-profit making associations of this municipality to programme and carry out social activities with a public purpose which benefit the neighbours, in addition to their recognition, must be financially supported by this Town Hall.
This idea is consistent with the explanatory memorandum of Article 23 of Law 38/2003, of 17 November, General Law on Subsidies (hereinafter LGS), implemented by Royal Decree 887/2006 of 21 July, which explains that “a significant part of the public sector’s financial activity is channelled through subsidies, with the aim of providing financial support measures in response to the social and economic demands of individuals and public entities”. The public money that public administrations grant on a non-repayable basis and within their budgetary forecasts, in order to achieve a public purpose, are subsidies. Subsidies are an important form of public expenditure and must therefore be in line with budgetary policy guidelines. This budgetary policy is based on budgetary stability rules.
Furthermore, the basic principles in the management of subsidies are those of equality, publicity, transparency, objectivity, effectiveness and efficiency. In the specific sphere of local authorities, Article 17 of the aforementioned Act establishes that local corporations may opt for one of the following regulatory instruments when regulating the award of subsidies:
a) Bases approved within the framework of the budget execution bases.
b) By means of a general subsidies ordinance.
c) By a specific ordinance for the different types of subsidies.
In order to achieve a general regulation that is periodically adaptable with the lowest possible procedural cost, the Town Council of El Verger will be able to have the system that best suits the needs of each of the municipal areas, since the aim is to organise the promotion activity with homogeneous criteria and, in turn, to give legal security and stability to the legal relations between the Administration and the possible beneficiary entities, favouring the effective implementation of the basic principles mentioned above. Likewise, in order to comply with budgetary stability regulations, the Town Council of El Verger, when approving the budget, includes in Chapter IV, the items with budgetary appropriations to grant subsidies to non-profit organisations that have budgetary allocations in the General Municipal Budget.
2.- PROBLEMS TO BE SOLVED WITH THE NORMATIVE INITIATIVE
At present, the Town Council of El Verger does not have a General Ordinance for the granting of municipal subsidies, therefore, it is considered that having such an ordinance would help the council when it comes to granting subsidies and aids that are awarded throughout the year. It would also comply with the stipulations of Royal Decree 887/2006, of 21 July, which approves the Regulations of Law 38/2003, of 17 November, General Subsidies, as well as the new legislation that has been approved in recent years in the field of subsidies.
3.- NEED FOR AND TIMELINESS OF APPROVAL
One of the forms of action of the public administrations is the activity of promotion, which is that form of administrative intervention consisting of directing the action of private individuals towards ends of general interest through the granting of various incentives. In the case of local councils, Article 23 of the Decree of 17 June 1955, which approves the Regulation of Services of Local Corporations, establishes that “Local Corporations may grant subsidies to Entities, Organisations or individuals whose services or activities complement or supplement those attributed to local jurisdiction, subject to the provisions of Article 180 of the Regulation of Local Treasuries”.
In view of the fact that the Town Council of El Verger has been carrying out an important subsidising activity, with the aim of responding to different social, educational, cultural, sporting and economic demands of both natural and legal persons, it is necessary to proceed to regulate the exercise of this activity by the present administration, in accordance with current legislation and in accordance with the administrative structure of the Town Council.
Law 38/2003, of 17th November, General Law on Subsidies, applicable to this Town Council, by virtue of the provisions of art. 3.1.b. and art. 9.2, which stipulates that, prior to the granting of subsidies, the regulatory bases for concessions must be approved under the terms established in said Law and published in the corresponding Official Gazette.
Article 17.2 of the aforementioned Act stipulates that the regulatory bases for local authority subsidies must be approved within the framework of the budget implementation bases, by means of a general subsidies ordinance or by means of a specific ordinance for the different types of subsidies.
In order to comply with the previous paragraph, it is necessary to approve an appropriate legal framework regulating the bases for the granting of subsidies within the scope of the Town Council of El Verger, adapted to both the aforementioned Law 38/2003, of 17 November, General Subsidies and Royal Decree 887/2006, of 21 July, which approves the General Subsidies Regulations. This will be carried out through this General Ordinance regulating the granting of Municipal Subsidies, which will regulate the general legal system of subsidies.
4.- OBJECTIVES OF THE REGULATION
The purpose of this regulation is to regulate, in general terms, the system and procedure applicable to the granting of subsidies by the Town Council of El Verger in favour of individuals, entities and citizen groups, for the implementation of projects or activities aimed at promoting actions of public utility or social interest or promoting a public purpose, which complement or supplement municipal powers, without prejudice to the fact that this regulation may be completed in the specific bases which, where appropriate, establish the specific calls for proposals.
The activities sponsored by this City Council will be in line with the principle of equal opportunities between women and men, and no activity may be subsidised that, totally or partially, contradicts the aforementioned principle of equal opportunities. Likewise, Article 24 of Law 4/2005 for the Equality of Women and Men, and other relevant state regulations, must be complied with.
Eligible activities or projects are those referring to the areas indicated:
a) Culture: In the field of culture, any cultural activity related to the arts, music, science and literature. Likewise, any type of initiative related to multiculturalism, in the field of training, protection of cultural heritage, dissemination, creation and leisure may also be subsidised. In addition, programmes that promote the recovery of local traditions may also be developed.
b) Festivities: In the area of festivities, actions related to the patron saint and/or popular festivities of El Verger, and those others that complement municipal activities in this area.
c) Sports: Eligible expenditure will be for events and sports activities or activities related to the promotion of sport, organised by sports clubs or associations.
d) Education: Activities aimed at the training of pupils, the support and operation of AMPAS, and other activities aimed at the education sector.
e) Youth and Pensioners Associations: Socio-cultural animation activities, programmes aimed at young people and pensioners, competitions, exhibitions, other activities related to culture and youth creation, information and advice programmes, leisure and free time (pensioners), training and educational activities, and, in general, all those actions related to the promotion of participation and associationism of young people and the elderly (pensioners and retired people).
f) Gender equality: Actions aimed at the commemoration of anniversaries (8 March: International Women’s Day, 25 November: International Day against Violence against Women) and the promotion of activities for the development of programmes for equality between women and men, as set out in the Regulations on Equality between Men and Women in the Basque Autonomous Community. In addition, programmes that specifically promote the participation of women and girls.
g) Others: Any other action that is complementary to municipal activity and which could be subsidised, as it is aimed at a specific population group.
5.- POSSIBLE ALTERNATIVE REGULATORY AND NON-REGULATORY SOLUTIONS
There are no
