In Spain, the legislative definition of agency is regulated in Law 40/2015, of October 1, on the Legal Regime of the Public Sector.[1] 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 (Spanish: Organismos públicos, literally, public organisms, OP): Autonomous agencies (Spanish: Organismos autónomos, OA), public business entities (Spanish: Entidades públicas empresariales, EPE) and state agencies (Spanish: Agencias estatales, AE).[1] But, in addition, there are also independent agencies (Spanish: Autoridades administrativas independientes, literally, independent administrative authorities, AAI).[1]
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.[1]
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.[1]
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.[2]
The independent agencies or independent administrative authorities (AAI) are independent from the executive branch but relate to different government departments for budget allocation purposes.
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