Law 40/2015, of October 1, on the legal regime of the public sector (LRJSP) expressly provides that collegiate bodies can be constituted, convene and hold sessions, adopt agreements and draw up acts both in person and at a distance In addition, the sessions can be recorded in both audio and video. In this case, both the recording file, together with a certification from the secretary of its authenticity and integrity, may accompany the minutes of the session.
It is true that the LRJSP excludes the application of these precepts to the collegiate bodies of Government, but in application of a hermeneutic interpretation of the electronic administration regulations, this is not an obstacle to incorporating electronic media into the processing and in the relationship of the members of the governing bodies. It should be borne in mind that Law 11/2007, of 22 June, on citizens' electronic access to public services already established in its first additional provision that collegiate bodies could be constituted and adopt agreements using electronic means. Therefore, the new LRJSP cannot constitute a step back in the application of electronic media, especially when these are the protagonists in Laws 40/2015 and 39/2015.
The appropriate instrument to regulate this new way of functioning is the Municipal Organic Regulation (ROM), where the functioning of the governing bodies must be recorded by electronic means.
Legal context
Law 40/2015:
Additional provision twenty one. Collegiate Bodies of Government
"The provisions provided for in this Law relating to collegiate bodies shall not apply to the collegiate bodies of the Government of the Nation, the collegiate bodies of Government of the Autonomous Communities and the collegiate bodies of Government of the Local Entities."
Related Solutions
e-NOTUM for the design and implementation of internal electronic communications.
