Law 50/2002, of December 26, on Foundations, established the substantive and procedural regulation of foundations, which was subject to regulatory development by Royal Decree 1337/2005, of November 11, which approves the Regulation of foundations of state competence.

Almost nineteen years after its approval, it is necessary to modify its regulation, in order to improve the efficiency in the management of foundations and adapt it to the current structure of the General Administration of the State.

Royal Decree 829/2023 of 20 November, which restructured the ministerial departments, created, among others, the Ministry of Territorial Policy and Democratic Memory as the Department responsible for the proposal and execution of the Government’s policy on territorial policy, territorial organization of the State and relations with the autonomous communities and entities that make up the local administration.

In accordance with these functions, this Department is responsible for the chairmanship and vice-chairmanship of the plenary of the Higher Council of Foundations, which, in the previous regulation, was attributed to the Ministry of Public Administrations.

The action of the Administration in relation to the foundations of State competence must be appropriate to the current structure of the General Administration of the State, systematizing the various functions that the law assigns to the protectorates of the different ministerial departments currently existing and their relations of collaboration with the associations of foundations.

The structure, composition and functions of the Higher Council of Foundations must also be updated.

Considering the problems that are intended to be solved with the approval of this Royal Decree, the General Administration of the State wishes to renew its commitment to continue cooperating with the foundations of State competence to improve and speed up their operation, which will result in greater compliance with their objectives.

Modify certain aspects of the regime of the foundations of state competence, of the organization and functions of the protectorate of these foundations and of the Higher Council of Foundations.

It has been assessed that there is no alternative that is more suitable than the one chosen. In this sense, the amendment of Royal Decree 1337/2005, of 11 November, approving the Regulation of Foundations of State Competence, has to be carried out through the approval of a Royal Decree, at the proposal of the holders of the competent Ministries.

Chapter IX of Law 50/2002, of 26 December, on Foundations, regulates the Higher Council of Foundations, as a collegiate advisory body on foundations made up of representatives of the General Administration of the State, the Autonomous Communities and the foundations, paying special attention to the existence of associations of foundations with State implementation.

In accordance with the provisions of the fourth final provision of the aforementioned Law, Royal Decree 1337/2005, of 11 November, approves the Regulation of Foundations of State Competence that in its Chapter IX regulates the functions, structure and composition of the Higher Council of Foundations.

Article 52 establishes the requirements and criteria for the appointment of the vocal representatives of the foundations and that the Ministry of Public Administrations will make the public call for the proposal of candidates and will approve the rules relating to their election.

Royal Decree 829/2023 of 20 November, which restructured the ministerial departments, created, among others, the Ministry of Territorial Policy and Democratic Memory as the Department responsible for the proposal and execution of the Government’s policy on territorial policy, territorial organization of the State and relations with the autonomous communities and entities that make up the local administration.

In accordance with these functions, this Department is responsible for the chairmanship and vice-chairmanship of the plenary of the Higher Council of Foundations, which, in the previous regulation, was attributed to the Ministry of Public Administrations.

In compliance with the above regulation, it is appropriate to dictate the rules according to which the appointment of the members of the Higher Council of Foundations on behalf of the foundations is to be carried out, by Order.

The structure, composition and functions of the Higher Council of Foundations, provided for in Chapter IX of Royal Decree 1337/2005, of 11 November, must be appropriate to the current structure of the General Administration of the State, so that it can carry out effectively and expeditiously the functions assigned to it.

Considering the problems that are intended to be solved with the approval of this Order, the General Administration of the State, in its current structure, wishes to renew its commitment to continue promoting the actions of the Higher Council of Foundations, cooperating with the foundations of state competence to improve and speed up their operation, which will result in greater compliance with their objectives.

To regulate the convocation and selection procedure of the vocal representatives of the foundations in the Higher Council of Foundations, which corresponds to the Ministry of Territorial Policy and Democratic Memory, according to the current structure of the General Administration of the State.

It has been assessed that there is no alternative that is more suitable than the one chosen.

The procedure for selecting the members of the Board of Governors of Foundations representing the foundations, must be carried out through an Order that develops

the Royal Decree approving the Regulation of Foundations of State Competence.