Alcance de la prohibición de obtener subvenciones públicas por parte de los altos cargos, empleados públicos y cargos electos
Section 13.2 d) of the General Law, 38/2003, of 17 November, on Public Subsidies (LGS) provides that senior officials, public employees and elective positions may neither receive public subsidies nor obtain the status of a collaborating entity in the cases provided for in their respective inco...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8556880 |
| Source: | Revista española de control externo, ISSN 1575-1333, Nº 69, 2021, pags. 42-63 |
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| Summary: |
Section 13.2 d) of the General Law, 38/2003, of 17
November, on Public Subsidies (LGS) provides that
senior officials, public employees and elective
positions may neither receive public subsidies nor
obtain the status of a collaborating entity in the
cases provided for in their respective
incompatibility regulations. However, when
resorting to those rules, it is noted that they do not
include any specific scenarios in which the
collection of subsidies is incompatible with the
performance of those positions or jobs.
This work discusses the two chief doctrinal positions
on the scope of this legal prohibition to obtain
public subsidies, one extensive and one restrictive,
by developing and defending the thesis that the
prohibition should be applied restrictively, without
an analogue or extensive interpretation of it or of
the cases of incompatibility to which it refers, with
the support of both the case-law of the Supreme
Court and the pronouncements of the
Constitutional Court.
The analysis is limited to the state regulation
contained in the aforementioned General Law on
Public Subsidies (LGS). |
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