PROJECT OF LAW "ÓMNIBUS"

ASSESSMENT OF THE GENERAL COUNCIL

Regarding the approval, on June 12, 2009, by the Council of Ministers, of sending the so-called "Bus" Law to Congress, this General Council wishes to highlight the following aspects:

1. The reform of some aspects of the original draft is the result of the efforts made by the General Council itself, as well as by the Professional Union and INITE, both institutions of which the President of the General Council is Vice President.



2. The visa is subject to the requirement of a Royal Decree, not a Law (remember that, for example, the RITE, which is a Royal Decree, requires the visa).
   

   " The application for a college visa for professional work will be voluntary, unless required by a Royal Decree "



3. The fact of changing the Law by the Royal Decree demonstrates the sensitivity of the Government to the statements presented, by this General Council, in its allegations to the State Council, admitted for processing by the latter. A Royal Decree is, of course, easier to process than a Law and can be promulgated directly by the Government without resorting to parliamentary processing and because of circumstantial circumstances and interests. It can only be assumed that this change in approach is specifically directed to the architectural and engineering works in which the visa guarantees the professional suitability of the author.



4. After the approval of the "Omnibus" Law, a specific Royal Decree on visas and their requirement will be drafted and approved.
   

   " Within three months of the entry into force of this Law, the Government shall approve a Royal Decree establishing the visas that will be enforceable. Likewise, within twelve months of the entry into force, the Government shall remit to the Courts a Bill that determines the professions for which the registration is mandatory. "

   
   The Government, with this provision, postpones the final decision and reconsiders its opportunity, as this General Council proposed in its allegations document. The fact that the compulsory registration is determined by a Law is of the greatest importance, since it will no longer be part of the Omnibus Law or the transposition of the Services Directive which, as this General Council has been exposing, does not have Why regulate professions.



5. This General Council, as well as the Professional Union and INITE, will continue taking the necessary steps to prevent the reform of the Professional Associations from having a negative orientation for them and, especially, for the social guarantee of the professional practice. To this end, interviews have already been requested with the speakers of the Law of each Parliamentary Group, which are expected to take place shortly. In this regard, it is worth mentioning that the President of this Council, accompanied by the Vice President, met with the deputy of the Popular Party and a member of the Commission that has to rule on the Law, Mr. Jorge Fernández, expressing our concern for it and asking your support.



6. To recommend to the Deans that from each of the schools, as well as the Autonomous Councils, use their influence and their relations to address the deputies of their constituency, arranging the appropriate interviews to deliver the dossier to be prepared by the Council. The General Council is available to all deans to, if they deem appropriate, be accompanied in their management by the President.

APPROVED BY THE COUNCIL OF MINISTERS THE SUBMISSION TO THE CONGRESS OF THE DEPUTIES, FOR ITS PARLIAMENTARY PROCESS, THE PROJECT OF THE "OMNIBUS" LAW (Reform affecting Professional Colleges )

The Project highlights the reform of the Law that regulates Professional Associations. This group groups around one million professionals, representing 6.1 percent of total employment and 30 percent of university employment. Collegiate professions account for 8.8 percent of GDP. These are some of the improvements:

1. Unjustified restrictions on the advertising of professional services are eliminated, allowing the consumer to be better informed and increase their ability to choose.


2. The restrictions imposed by the Colleges to the joint exercise of two or more professions are eliminated. This will allow taking advantage of the synergies that can be generated by the simultaneous exercise of several professions.


3. The exercise of professionals will also be favored by the suppression of usual procedures such as the obligation to communicate the exercise outside the territory of the Registration College.


4. The function of the Colleges to set indicative scales of fees or any other recommendation on prices, which have been unjustifiably and regularly restricting the competition in prices that so much benefits the consumer, although collaboration with the Administration of Justice to effects of the appraisal of costs.


5. The application for a college visa for professional work will be voluntary, unless required by a Royal Decree, assuming savings for professionals and the consumer. The Colleges may not impose on professionals the obligation to endorse their work. It also clarifies the regime of responsibility assumed by schools when they visit jobs.


6. It is anticipated that the registration or registration fee may not exceed in any case the costs associated with the registration process.


7. The obligation is established that the Colleges have a service of attention to users and members, with the obligation to resolve their complaints or process them, which will generate better consumer protection against possible defective benefits of professional services.


8. The schools will have the necessary means so that applicants can process their registration electronically, lightening administrative burdens and saving costs of time and money to potential members.


9. Transparency in the operation of the Colleges is reinforced. They are expected to publish an annual report on their economic management and disciplinary action in defense of the interests of consumers.

Within three months of the entry into force of this Law, the Government will approve a Royal Decree establishing the visas that will be required. Likewise, within a period of twelve months from the entry into force, the Government will send to the Courts a Draft Law that determines the professions for which the registration is mandatory.