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Legal Framework • UIMP Statute

CHAPTER 1

General Provisions

Article 1. Objective.

Menendez Pelayo International University, a university centre of high culture, research and specialisation in which activities of different degrees and university specialisms converge, has a mission to disseminate culture and science, to foster exchange relationships and scientific and cultural information of international and interregional interest and the development of research and specialisation activities. To this end, it shall organise and develop third cycle education which shall accredit the correspondents with the official title of Doctor and other postgraduate titles and diplomas issued by the University.

Article 2. Legal Status.

Menendez Pelayo International University is an autonomous Organism, ascribed to the Ministry for Education, Culture and Sport, with its own legal character and assets. It has the full capability of performing all manner of administrative and disposition acts for the achievement of its aims, with no limitations other than those established by law.

Menendez Pelayo International University shall enjoy equal autonomy for the practise of its cultural, research and teaching competences and shall undertake the appropriate activities within the legal system in order to do so.

Article 3. Legal Framework.

Menendez Pelayo International University shall be governed by the applicable provisions of the Organic Law 6/200 of 21stDecember for Universities; by Law 6/1997 of 14th April for the Organisation and Operation of the General Administration of the State; by Law 30/1992 of 26th November for Legal Framework for Public Administration and the Common Administration Procedure; by the legislative Royal Decree 1091/1988 of 23rd September, with which the text established in the General Budgetary Act is approved; by the legislative Royal Decree 2/2000 of 6th June by which the text established in the Public Administration Contracts Law is approved; by Royal Decree 432/1999 of 12th March of adaptation of various autonomous Organisms to the provisions of the aforementioned Law 6/1997, and other provisions applicable to autonomous Organisms of the General Administration of the State, as well as by the present Statute.

Article 4. Headquarters.

Menendez Pelayo International University shall have its headquarters in Madrid. Its activities of a permanent nature shall include summer courses for which Santander shall be the traditional academic headquarters, without prejudice to the number of activities organised and held at other Spanish or foreign campus locations.

Article 5. Functions.

In the specific area of the missions which are entrusted to Menendez Pelayo International University in accordance with Article 1 of the present Statute, the functions of the University are the generation and transmission of knowledge in all its fields.

Article 6. Activities.

To achieve its aims Menendez Pelayo International University, independently or in collaboration with other Spanish or foreign universities or institutions, shall promote cooperative international and interregional relationships through the:

  1. Joint research programmes.
  2. Delivery of courses for foreign students.
  3. Delivery of courses and having working meetings of an international and interregional nature, aimed at the study of problems or specific research areas.
  4. Promotion of research centres.
  5. Organisation of third cycle education.
  6. Collegiate bodies:
    1. Board of Trustees.
    2. University Council.
    3. Governing Body.
  7. Individual bodies:
    2. Vice-rectors.
    3. General Secretary.
    4. General Vice-secretary.
    6. Teaching Centre and Research Centre Directors.
    7. Studies and Programmes Coordinator.
    8. University Services Director.
    9. Director of Courses for Foreign Students.
    10. Director of Las Llamas Greater College.
  8. The Board of Trustees is the body with participation from society in the fulfilment of the aims of Menendez Pelayo International University.
  9. The functions of the Board of Trustees shall be the following:
    1. Proposing those measures considered necessary for the fulfilment of the aims of Menendez Pelayo International University.
    2. Appointing the Rector and demand responsibility when necessary by means of a censure motion passed by three fifths of the members of the same. In this case, elections for a Rector must be held within a maximum of one month. During this time, the Vice-rector shall temporarily act as Rector as referred to in Article 13.1 of the present Statute.
    3. Approving the proposed annual budget for Menendez Pelayo International University.
    4. Approving the economic and activities report for Menendez Pelayo International University.
    5. Promoting the financing of the activities performed by Menendez Pelayo International University and the obtaining of all types of help which are considered necessary to achieve the missions with which it is entrusted.
    6. Promoting the establishment of research agreements between Menendez Pelayo International University and other Spanish or foreign public or private institutions, and coordinating the related international activities.
    7. Regulating its internal operation.
    8. Proposing Statute reforms.
  10. The President of the Board of Trustees shall be the State Secretary for Education and Universities and the Vice-president shall be the General Director for Universities.
    The Board of Trustees shall have no more than 15 members, appointed by the Minister for Education, Culture and Sport, from people with recognised prestige in the area of university teaching, research, culture and economic and social life.
  11. The members of the Board of Trustees shall be appointed for a maximum period of six years.
  12. The Rector shall attend with voice and vote the meetings of the Board of Trustees, and the General Secretary shall act as Secretary at the same, with voice and without vote.
  13. The Council is the principal representative body of the University. It shall include the Rector, who shall preside over it, the Vice-rectors, the General Secretary, the General Vice-secretary, the Studies and Programmes Coordinator, the Director of Courses for Foreign Students and the Teaching Centre and Research Centre Directors.
  14. The Council shall:
    1. Attend the solemnities of university life and other acts of a similar nature which demand the university to be present.
    2. Inform and know the general directives for the academic operation of the University.
    3. Advise the University governing bodies on issues of an academic nature as presented by the Rector.
  15. The University General Secretary shall be the Council Secretary.
  16. The Governing Body shall include the Rector, who shall preside over it, the Vice-rectors, the Studies and Programmes Coordinator, the Director and the General Secretary, who shall act as Secretary of the same.
  17. The functions of the Governing Body shall be:
    1. Assisting and advising the Rector on all matters.
    2. Drawing up the proposed budget for the Menendez Pelayo International University for its presentation to the Board of Trustees.
    3. Reporting the appointments of the Secretary General, the Director, the Teaching Centre and Research Centre Directors, the Studies and Programmes Coordinator, the University Services Director, the Director of Courses for Foreign Students and the Director of Las Llamas Greater College
    4. Reporting the teaching and research plans.
    5. Approving the multiyear programme of Menendez Pelayo International University.
    6. Distributing the courses and activities among the teaching and research centres, as well as the different student grant quotas.
    7. Approving the economic and activities report prepared by the General Secretary for its presentation to the Board of Trustees.
    8. Reporting the collaboration agreements with other entities.
  18. The Rector of Menendez Pelayo International University shall be a Full University Professor chosen by the Board of Trustees and appointed by the Government, based on proposals by the Minister for Education, Culture and Sport.
  19. The Rector shall have a term of four years and may only be re-elected once.
  20. The Rector of Menendez Pelayo International University shall have the attributes and treatments appropriate for Rectors of Spanish public universities.
  21. The Rector of Menendez Pelayo International University shall be able to conclude as many contracts and legal acts as necessary for the development of the aims and missions of the University, in accordance with current legislation.
  22. The Rector shall perform the administrative acts for the authorisation and provision of expenditure and the management of expenses necessary for the execution of the budget. The Rector shall also deliver the accounts to the Accounts Tribunal through the General Intervention of the State Administration.
  23. The Rector shall represent the University and shall preside over all the academic acts for the same which he/she attends.
  24. For specific matters of a permanent or temporary nature, the Rector shall be able to delegate his/her responsibilities to the Vice-rectors in accordance with current legislation. In the event of absence or illness, the Rector shall be substituted by a Vice-rector who is a Full Professor at the University, designated for the purpose.
  25. The Vice-rectors shall be appointed by the Minister for Education, Culture and Sport, based on proposals from the Rector from among university Full Professors and Professors.
  26. Menendez Pelayo International University shall have four Vice-rectors.
  27. The Vice-rectors shall be able to request partial release from teaching obligations at their universities of origin. The responsibilities which they assume at Minister for Education, Culture and Sport shall have an equal treatment, in all intents and purposes, as those of a similar range in any other Spanish public university.
  28. The General Secretary shall be a university senior lecturer designated by the Minister for Education, Culture and Sport based on proposals by the Rector, with prior reporting from the Governing Body.
  29. The General Secretary for the University shall be responsible for the expedition and certification of the documents and agreements of the Governing Body; the completion and custody of the minutes for meetings; the custody and management of the administrative archive for the University; the organisation of ceremonial events of the University, and the Secretary for the collegiate bodies of the University.
  30. The General Secretary shall direct and coordinate the operation of the university residencies dependent on the International University, located both nationally and internationally. He/she shall also be responsible for the execution of appropriate measures to put into practise the decisions which the rectorship bodies of the University adopt in order to promote the expansion of centres, residencies and university activities abroad. The General Secretary shall be able to request partial release from teaching obligations at their universities of origin under the terms stated in Article 13.4 of the present Statute.
  31. A General Vice-secretary, who shall be a university senior lecturer designated by the Rector, shall substitute the General Secretary in the event of absence, vacancy or illness, and shall perform the functions entrusted to him/her.
  32. The Director shall be appointed by the Minister for Education, Culture and Sport from among civil servants in the General Administration of the State who belong to the bodies or scales demanded for their appointment. He/She must hold the title of Doctor, BA/BSc, Engineer, Architect or the equivalent, based on proposals by the Rector, with prior reporting from the Governing Body and a Board of Trustees hearing.
  33. Reporting directly to the Rector, the Director shall be responsible for economic-administrative management of the University. He/She shall be Head of Non-teaching Staff of the University and shall be responsible for the execution of agreements for administrative or economic matters. He/She shall also perform tasks the Rector delegates to him/her in his/her specific areas of competence.
  34. There shall be a Vice-director of the University, who shall be designated by the Rector from among civil servants in the General Administration of the State who belong to the bodies or scales demanded for their appointment. He/She must hold the title of Doctor, BA/BSc, Engineer, Architect or the equivalent, based on proposals by the Governing Body. He/She shall be responsible for assisting the Director and performing those functions entrusted to him/her by the Director. The Vice-director shall substitute the Director in the event of vacancy or authorised absence and shall exercise the executive powers delegated to him/her.
  35. For the realisation of the cultural, research and teaching functions on campuses located outside Santander, Menendez Pelayo International University shall be organised into teaching and research centres.
  36. The teaching and research centres shall be those which are established permanently to perform activities of this nature in Spanish or foreign locations. They shall depend directly on the Rectorship and shall be created by Menendez Pelayo International University itself or by means of agreement between Menendez Pelayo International University and other Spanish or foreign public or private institutions. The Teaching Centre and Research Centre Directors shall be appointed by the Rector, with prior reporting from the Governing Body, from Full University Professors or University Professors.
  37. The Studies and Programmes Coordinator shall be a university Senior Lecturer designated by the Rector, with prior reporting from the Governing Body. He/She shall be responsible for the coordination of the academic activities in collaboration, where necessary, with the General Secretary.
  38. The University Services Director shall be appointed by the Rector, with prior reporting from the Governing Body from among civil servants in the General Administration of the State who belong to the bodies or scales demanded for their appointment. He/She must hold the title of Doctor, BA/BSc, Engineer, Architect or the equivalent.
  39. The Director of Courses for Foreign Students shall be a university Senior Lecturer designated by the Rector, with prior reporting from the Governing Body. He/She shall be responsible for the preparation of the general programme of courses for foreign students, as well as the monitoring of the same, once approved by the Governing Body, and shall be able to propose the measures considered opportune for their correct realisation.
  40. The Director of Las Llamas Greater College shall be appointed by the Rector, with prior reporting from the Governing Body from among civil servants in the General Administration of the State who belong to the bodies or scales demanded for their appointment. He/She must hold the title of Doctor, BA/BSc, Engineer, Architect or the equivalent.
  41. In order to fulfil their specific missions, Menendez Pelayo International University shall make available the services necessary to perform the support and complementary functions for the cultural, research or teaching activities which are organised in the University.
  42. The Teaching Centre and Research Centre Directors shall be responsible for the organisation, direction and orientation of all the activities performed within each centre.
  43. The Directors shall provide the Rector with the annual proposal for the activities programme for their centre, as well as the staff necessary for its execution.
  44. A Board shall be established for each centre which shall include all teaching and research staff ascribed to the same.
  45. The teaching and research centres shall be governed by an internal regulation approved by the Governing Body of the University.
  46. As well as the specific teaching and research function, the mission of the teaching and research centres shall be the realisation of studies, reports, evaluations and projects entrusted to them by public or private legal institutions or persons on matters usual in their activity.
  47. As many people who request to do so shall be able to take part In the academic activities Menendez Pelayo International University providing they meet the requirements established in each case.
  48. For the special and courses the Rectorship shall be able to organise student scholarships or grants which shall be duly awarded to universities in a special way. The awarding of scholarships shall be preferential for all those graduates who have obtained an extraordinary award in any Spanish university faculty and who have duly applied for the grant. Any remaining scholarships shall be awarded by the Governing Body depending on the academic merits of the applicants.
  49. The Rectorship shall be able to organise awards and research grants.
  50. Attendance for the different courses organised by Menendez Pelayo International University shall give the right to obtain the corresponding diploma or certificate, in accordance with the nature of the course and current legislation.
  51. Menendez Pelayo International University shall be able to grant an Honorary Doctorate to people who enjoy recognised prestige in the areas of research, culture and education.
  52. Menendez Pelayo International University staff shall include:
    1. Civil servants in the General Administration of the State, teachers, researchers and non-teaching staff who are appointed to the University.
    2. Civil servants of the University.
    3. Contracted teaching, research and non-teaching staff.
  53. Menendez Pelayo International University shall prepare the proposal for the positions of employment in accordance with the provisions in force at any time on this matter.
  54. The economic and financial activity of the University shall be in accordance with an annual budget, which shall be included in the General State budget.
  55. The budget proposal shall be prepared by the Director, in accordance with directives established by the Governing Body and in agreement with the forecasts and necessities of the University and the teaching and research centres.
  56. The budget proposal shall be subject to approval by the Board of Trustees, with prior consideration from the Governing Body. It shall subsequently be delivered to the Ministers of Education, Culture and Sport and Revenue for definitive approval by the Government.
  57. The structure of the budget shall be adjusted to the forecasts of the text stated in the General Budgetary Law.
  58. The economic resources for the development of activities of the University shall come from:
    1. The specific appropriations assigned by the General State Budget.
    2. Transfers from Autonomous Communities, local entities or contributions from public organisations.
    3. The donations, legacies and other contributions from private entities or individuals.
    4. The income provided by the education organised by the University or that provided by the students in the Residencies.
  59. The asset frameworks shall be that established in Article 48 of Law 6/1997 of 14th April for the Organisation and Operation of the General Administration of the State.

CHAPTER II

Representative and Governing Bodies

Article 7. Structure.

For the achievement of its aims, Menendez Pelayo International University is organised into the bodies indicated in the following Articles.

Article 8. Collegiate and Individual Bodies

The government, representation and administration of Menendez Pelayo International University shall be exercised by the following bodies:

Article 9.Board of Trustees.

Article 10. Council.

Article 11. Governing Body.

Article 12. Rector.

Article 13. Vice-rectors.

Article 14. General Secretary.

Article 15. Director.

CHAPTER III

Academic Organisation

Article 16. Structure.

Article 17. Teaching and Research Centres.

Article 18. Students.

Article 19. Certificates and Diplomas.

CHAPTER IV

Framework for Human Economic-Financial, Asset Resources and Resources,

Article 20. Human Resources.

Article 21. Budget.

Article 22. Economic Resources and Assets.

Article 23. Economic-Financial Framework.

The budgetary, economic-financial, accounting, intervention and financial control framework shall be established by the text stated in the General Budgetary Law for autonomous Organisms.

The organism shall be subject to internal control of its economic-financial management to be performed by the Comptroller Delegate of the General Comptroller of the State Administration, who shall have a level determined by the corresponding positions of employment ratio.

Article 24. Recruitment Framework.

The legal framework applicable to recruitment shall be that established in the legislation of public administration contracts, subject to that established in Article 49 of Law 6/1997of 14th April for the Organisation and Operation of the General Administration of the State and other regulations applicable to the General Administration of the State.

Article 25. Resources.

The acts and resolutions of the Rector and the agreements of the Governing Body, the University Council and the Board of Trustees of Menendez Pelayo International University conclude the administrative management, in accordance with that established in the 15th additional provision of Law 6/1997 of 14th April for the Organisation and Operation of the General Administration of the State.

An administrative appeal may be brought against said acts and agreements, without prejudice to the optional reconsideration appeal stated in Law 30/1992 of 26thNovember for the Legal Framework of Public Administrations and for the Common Administrative Procedure.

Sole additional provision. Scales of CSIC (Spanish National Scientific Research Council).

In all respects, any mention of Full University Professors and University Professors contained in the preceding Articles shall be extended to personnel from the respective scales of Research Professors and Scientific Researchers in the Spanish National Scientific Research Council.

Law 17/1980 of 24 April, by which the remunerative framework for civil servants in the Judicial Administration is established, by regulating the commentary remunerations of staff included in its area of application, states in Article 13, in the statements given by Law 42/1994 of 30th December and Law 13/1996 of 30th December, both for fiscal, administrative and social order measures, that the salary shall be awarded in terms of the following characteristics: hierarchy, nature of the function and representation inherent to the post, place or special qualification of the incumbent and the volume of work, special responsibilities, demands or difficulty and exercise together with another post in the Judicial Administration besides the post held.

The remunerative amount and framework of the Body of Judicial Secretaries are regulated by the Order of 20th July 1995. The aforementioned provision has been modified by the Orders of 12th December 2000 and 30th November 2001 to adapt to the characteristics cited in the Law, adjusting the remuneration to the responsibilities and peculiarities in the exercise of the functions of the Judicial Secretaries. Additionally, the remuneration for the Order of on-call service by Judicial Secretaries is regulated by the Order of 21st February 1997, modified by the Order of 26thApril 2000 and the Order of 23rdApril 2001.

Notwithstanding, at present there are special circumstances of singular difficulty or an arduous nature in the discharge of determined positions of employment, not foreseen in the current regulations, and which they advise to be paid in a special way to the staff assigned to the same in such a way as to ensure permanence and stability in the positions of employment.

Therefore, by proposal from the Ministers for Justice and Revenue, I propose:

First. – A new epigraph is to be added to the eighth section of the Order of the Ministry of the Presidency of 20th July 1995 which establishes the remuneration amount and framework with the following text:
«8.7 For the special difficulty of the post served, 15 points shall be accredited to the Judicial Secretaries posted in the territorial area of the Superior Tribunals of Justice in the Basque Country and the Regional Community of Navarra.»

Second. – The present Order shall come into force on the day after its publication in the «Official State Bulletin», producing economic effects from 1st January 2002.

Madrid, 11thApril 2002.

LUCAS JIMENEZ

Excellent Mssrs. Ministers for Justice and Revenue.