In Spain, the legislative definition of agency is regulated in Law 40/2015, of October 1, on the Legal Regime of the Public Sector. Unlike other countries, in Spain only the executive branch has agencies and any need of any of the other branches is covered by the executive.
Types of agencies
There is not a single definition of what is considered an agency in Spain because, on the one hand, there are three types of public agencies (, literally, public organisms, OP): Autonomous agencies (, OA), public business entities (, EPE) and state agencies (, AE). But, in addition, there are also independent agencies (, literally, independent administrative authorities, AAI).
As far as this article is concerned, public business entities (EPE) are going to be ruled out because, despite being considered public agencies according to legislation, their operation is more similar to that of a public company than to that of an agency itself and may be subordinate to an autonomous agency.
Of the other three types of agency, the main difference between them is the law that regulates them. OAs are governed by common administrative law, while AEs and AAIs are governed by their own creation laws. Autonomous agencies and state agencies have their own legal personality, their own treasury and assets, and autonomy in their management, while the AAIs have their own legal personality, their own assets, but they have independence in their management, not autonomy. The AAIs can be compared to the independent agencies of the United States, since they are independent of the executive branch insofar as they are regulated by their own special legislation that includes special mechanisms to ensure their independence, as is the limitation for the executive branch to appoint and dismiss the high officials of it, with greater control of the legislative branch.
Another important difference is the purpose for which they are created. The autonomous agencies (OA) carry out activities of the Public Administration, both activities of promotion, give benefits, management of public services or production of goods of public interest, as differentiated instrumental organizations and dependent on it. The state agencies (AE) are created to comply with specific policies, with better mechanisms to ensure better management and control of results. Finally, the AAIs are assigned external regulatory or supervisory functions over economic sectors or specific activities that require functional independence or special autonomy from the executive branch.
There is a fourth and exceptional category of agencies. These are the management entities and common services of the Social Security, regulated in the Social Security Act of 2015.
Ministry of Foreign Affairs
Secretariat of State for International Cooperation
Spanish Agency for International Development Cooperation (AECID) Instituto Cervantes
Source:
Ministry of Justice
Secretariat of State for Justice
Center for Legal Studies (CEJ) General Mutual Benefit Society for Civil Servants of the Administration of Justice (MUGEJU)
Source:
Ministry of Defence
National Intelligence Centre (CNI) Spanish Space Agency (AEE), which also depends on the Ministry of Science.
Secretariat of State for Defence
National Institute for Aerospace Technology (INTA) Institute for Housing, Infrastructure and Equipment of the Defense (INVIED)
Undersecretariat of Defence
Social Institute of the Armed Forces (ISFAS)
Source:
Ministry of Finance and Civil Service
Secretariat of State for Finance
Spanish Tax Agency (AEAT) Institute of Fiscal Studies (IEF)
Secretariat of State for the Civil Service
General Mutual Benefit Society of State Civil Servants (MUFACE) National Institute of Public Administration (INAP)
Undersecretariat of Finance and Civil Service
Commissioner for the Tobacco Market (CMT) Royal Mint of Spain (FNMT-RCM) State Vehicle Fleet (PME).
Source:
Ministry of the Interior
Secretariat of State for Security
State Security Infrastructure and Equipment Office (GIESE)
Directorate-General of the Police
National Police Training University Center (CUFPN)
Undersecretariat of the Interior
Central Traffic Headquarters (JCT)
Source:
Ministry of Transport, Mobility and Urban Agenda
Secretariat of State for Transport, Mobility and Urban Agenda
Centre for Public Works Studies and Experimentation (CEDEX)
General Secretariat for Infraestructure
Railway Safety Agency (AESF)