Procedure for New Membership Applications

Universidad Pontificia de Salamanca

c/ Compañía nº5

37002 - Salamanca

 

They were sent to the universities at the process of constitution of the Association. The Law which protects the creation of the associations to the universities is included at the LOU and LODA Acts. The first one regulates the legal framework in which universities are managed, by developing Section 27 of the Spanish Constitution in which university autonomy is included. The second one regulates, in a wider framework, the legal rules that allow to establish associations. So that, both provisions have to be taken into account when establishing an association.         

Furthermore, this act has to be in accordance with the universities regulations, but taking into account that those could not be against neither high level provisions as the two mentioned acts are, or the fundamental rights recognized by Spanish Constitution of 1978.

The right field in which rules to be taken into account are included are:   

Organic Law 6/2001 on Universities, passed on December 21st: Section 84. Creation of foundations or other legal entities. For promoting and developing their aims, universities, with Social Council’s passing, will be able to create by themselves or with other public or private entities’ help, companies, foundations and other legal entities according to the general applicable law.

Organic Law 1/2002, on Association Right, passed on March 22nd: Section 3. Capacity. Any individual and any legal entity, whether if public or private, shall be able of constitute associations and being part of them, in accordance with the following principles: e) Legal entities of associative nature will be required to have the express agreement of the competent body, and those of unconstitutional nature, the agreement of their governing body. What emerges from these sections is that the competent body, given the associative nature to be constitute, is the Social Council; and as the university is a legal entity with institutional nature, the Government Council passing is needed. This passing will be accompanied with the Chancellor’s proposal for the appointment of the individual who will represent the university in the Association. It seems understandable to think that to constitute Associations as the AEPUM one, the universities have to present the two abovementioned organic laws. It’s clear that the governing (competent) body is the Government Council at public universities or its equivalent at the private ones (section 3 e of the Associations Law). However, given the associative nature of the aimed fact, you should not forget that Social Council passing is also required, according to section 84 of the LOU. It seems that the interpretation given by the University of Murcia about the need of a Government and Social Council passing, is correct.  Nevertheless, you should consult the regulations of each university regarding this topic, although they cannot be against any high level provision. It could be considerer by some universities which only need the passing of their governing body (Government Council) if Statutes say that, but it seems that this doesn’t agree with Section 84 of the Universities Law.