Law 40/2015, of 1 October, on the legal regime of the public sector (LRJSP) expressly provides that the collegiate bodies may be constituted, convene and hold sessions, adopt agreements and draw up acts both in person and in person. at a distance. In addition, sessions can be recorded in both audio and video. In this case, both the recording file, together with a certificate 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 governing bodies, but in application of a hermeneutic interpretation of the e-government regulations, this is not an obstacle to incorporating electronic means into the processing and in the relationship of the members of the governing bodies. It should be noted that Law 11/2007, of 22 June, on electronic access of citizens 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 be a step backwards in the application of electronic media, especially when these are the protagonists in Laws 40/2015 and 39/2015.

The instrument suitable to regulate this new form of operation is the Municipal Organic Regulation (ROM), which must state the operation of the governing bodies by electronic means.

Legal Context

Law 40/2015:

Additional provision twenty-one. Collegiate Governing Bodies

“The provisions provided for in this Law relating to the collegiate bodies shall not apply to the collegiate bodies of the Government of the Nation, the collegiate governing bodies of the Autonomous Communities and the collegiate governing bodies of the Local Entities. ”

Related Solutions

e-NOTUM for the design and implementation of internal electronic communications.



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