At present, Plenary Session videos cannot be sent to the Department of Government of the Generalitat or the General State Administration (AGE). The AOC is working together with the Generalitat to make it possible to send the minutes of the minutes of the plenary resolutions shortly, supplemented, if necessary, with a link to the multimedia document of the plenary debate.

The twenty-first additional provision of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector (LRJSP) clearly states that the provisions of this Law relating to collegiate bodies are not applicable to collegiate governing bodies.

On the other hand, the current regulations in this matter, although they contemplate the use of mechanical means for the transcription of the acts, still stipulate that the preparation of the books will have to be done using numbered paper of the Autonomous Community (arts. 198 and 199 of Royal Decree 2568/1986, of 28 November, approving the Regulations for the organization, operation and legal regime of Local Entities - ROF). But this 1986 regulation is not adapted to the implementation of the electronic administrative procedure.

Therefore, the majority doctrine considers that the validity of this regulation is not an obstacle to contemplate the hybrid operation of the elaboration of the acts, since it is not logical to force to process entirely the file in electronic format and, in the phase finally, consider only the printing, rubric and binding of this documentation.

Therefore, it is possible that the convening of the session, the notifications, the formation of the file, the access to the information, the issuance of certifications and the possibility of carrying out video acts as set out in art. 18 of the LRJSP, are made by electronic means.

Specifically, with regard to video acts, a good practice until the regulation is more harmonized, would be to regulate by implementation of Plenary Agreement its implementation with respect to interventions, but still maintaining the conventional act where only the agreements reached would be collected.

Legal Context

Law 40/2015:

Article 18. Acts

"1. The Secretary shall draw up minutes of each meeting held by the collegiate body, which shall necessarily specify the attendees, the agenda of the meeting, the circumstances of the place and time at which has been held, the main points of the deliberations, as well as the content of the agreements adopted.

Sessions held by the collegiate body may be recorded. The file resulting from the recording, together with the certification issued by the secretary of its authenticity and integrity, and all documents in electronic format that are used as documents of the session, may accompany the minutes of the sessions, without having to state the main points of the deliberations.

2. The minutes of each meeting may be approved at the same meeting or at the next meeting. The secretary must draw up the minutes with the approval of the chairman and send them by electronic means to the members of the collegiate body, who may express by the same means their agreement or objections to the text, for the purposes to approve it; if so, it is considered approved at the same meeting.

When it has been decided to record the sessions held or to use documents in electronic format, they must be preserved in such a way as to guarantee the integrity and authenticity of the corresponding electronic files and access to them by of the members of the collegiate body. "
Twenty-first additional provision. Collegiate governing bodies.
"The provisions of this Act relating to the collegiate bodies do 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. . "
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