Proyecto de Real Decreto por el que se regula la concesión directa de subvenciones a determinadas entidades para actuaciones de relevancia en materia de universidades y de interés público durante el ejercicio 2026.

The purpose of this draft Royal Decree is to regulate the direct granting of subsidies to the beneficiary entities indicated in article 3 in application of the provisions of article 22.2.c) of Law 38/2003, of November 17, General Subsidies, in relation to the provisions of paragraphs 2 and 3 of its article 28, for reasons of public interest that merit the need to cover the expenses derived from activities and operating expenses of the beneficiary entities, in a way that allows them to achieve the fulfillment of the various purposes of public interest that are inherent to them and that duly justified hinder their public announcement.

In this sense, the draft Royal Decree aims to provide an adequate response to these needs, through the establishment of a specific framework that allows the channeling of State support to these entities, under conditions of legal security and administrative efficiency.

The Government ' s policy on science, innovation, technology and universities is implemented through collaborative activities and entities for their development, in which reasons of public, social, economic or humanitarian interest persist; and whose economic, technical and material support has traditionally been guaranteed through different lines of financing, both public and private.

Article 22.2.c) of Law 38/2003, of 17 November, General Subsidies, and article 67 of its Regulations allow grants to be granted directly, on an exceptional basis, when there are reasons of public, social, economic or humanitarian interest, or other duly justified reasons that hinder their public announcement. According to article 28.2 of the aforementioned Law, its special regulations must be approved by royal decree, on the proposal of the competent Minister and after a report from the Ministry of Finance.

Royal Decree 472/2024, of 7 May, attributes to the Ministry of Science, Innovation and Universities the proposal and execution of the Government's policy on science, innovation and universities. Part of this policy is developed through entities whose activity contributes to the proper functioning of the university, scientific and cultural ecosystem, competing reasons of public, social and economic interest that justify their direct financing.

This royal decree is intended to guarantee during 2026 the continuity of the activities developed by the beneficiary entities.

The Conference of Rectors of Spanish Universities (CRUE) is a non-profit association currently made up of 77 Spanish universities, which promotes cooperation between universities and public administrations and relations with foreign universities and social agents. Its composition and functions give it a unique institutional position within the Spanish university system.

Its main functions include the representation of universities before the Government and other actors, participation in numerous national and international commissions and working groups, and the preparation of studies and reports on the university system. It also highlights its work of dissemination and accountability, especially through the annual publication “The University in figures”.

After more than thirty years of activity, CRUE is an institutional partner of all Spanish universities with the public administrations. The uniqueness of this representative function and the non-existence of another equivalent entity justify the direct award of the grant.

The planned aid, in the amount of 70,000 euros, is intended to partially cover current and ordinary expenses necessary for the development of its functions, including leases, supplies, equipment, professional services and institutional activities. Its amount takes as a reference the subsidies of previous years, adequately justified.

Among the actions planned for 2026 are meetings of its governing bodies; meetings with public administrations; elaboration of proposals and reports on university policy; coordination of sectoral commissions and working groups; organization of conferences; institutional representation and collaboration with other national and international institutions. These are structural expenses linked to the development of activities of general interest.

For its part, the Ortega y Gasset-Gregorio Marañón Foundation (FOM) is a private non-profit institution dedicated to the promotion of culture, training and research in Social Sciences, Humanities and Health Sciences. Its uniqueness and the public interest in its activity derive especially from the extraordinary historical, scientific and cultural value of its library and archive.

The Library and the Archive constitute the founding nucleus of the institution and were declared a Property of Cultural Interest in 1997. The Library, initially formed from the approximately 13,000 volumes belonging to José Ortega y Gasset, currently has about 70,000 volumes and numerous funds from legacies and donations from relevant personalities and institutions.

The Archive preserves the personal and family documentation of José Ortega y Gasset, including more than 500 manuscripts, 3,000 photographs, approximately 11,000 letters and some 30,000 working notes, to which have subsequently been incorporated other archives of singular historical and cultural relevance, including that of Gregorio Marañón. These funds constitute a reference for research on the so-called Silver Age of Spanish culture and science.

The Foundation is also linked to the Revista de Oeste, founded by Ortega y Gasset in 1923, a publication of singular relevance in Spanish intellectual history and in the dissemination of European scientific and cultural thought.

Library-archive, Institute and Magazine therefore form a singular ensemble in the Spanish cultural, scientific and academic landscape. The absence of another entity that gathers and develops these functions, together with the value of the heritage that it conserves and its academic and scientific activities, justifies the direct nature of the grant.

The aid provided for the Foundation, in the amount of 75,000 euros, also takes as a reference the grants of previous years and will make it possible to sustain its academic, cultural and scientific activities and the services necessary for its development.

Consequently, both entities have sufficient reasons of public, social and economic interest that justify the direct granting of subsidies in accordance with article 22.2.c) of Law 38/2003. Also, given its purpose of financing activities and operating expenses, the advance payment provided for in article 34.4 of the said Law is necessary to guarantee the continuity of its activities and facilitate its proper planning and budgetary execution. The creation of guarantees is not required due to the nature and accredited solvency of the beneficiary entities.

On the other hand, Article 38 of Law 47/2003, of November 26, General Budget, provides for the automatic extension of the General State Budgets. The budgetary extension in force in 2026 must not prevent the continuity of public support for these institutions and the activities of general interest they carry out.

Finally, the jurisprudence of the Supreme Court has interpreted that Article 22(2)(c) of the General Law on Subsidies contemplates different cases that allow exceptional use to be made of direct concessions. Consequently, it is not essential to simultaneously demonstrate the difficulty of attending a public call when the concurrence of reasons of public, social or economic interest that support the grant is sufficiently justified.

For all these reasons, the subsidies regulated in this royal decree meet the requirements that justify their direct concession, taking into account the unique nature of the beneficiary entities and the general interest of the activities whose continuity is intended to be guaranteed.

Alternative of non-intervention

The possibility of not adopting any additional regulatory measures of State support has been considered, maintaining the current framework of action. However, this alternative has been ruled out because it would not allow an adequate response to the needs detected in terms of stability, predictability and sufficiency of the financing instruments, nor would it guarantee the adequate development of the actions committed by these institutions.

Use of Regular Competitive Competition Mechanisms

Another alternative analysed has been the articulation of aid through competitive tender procedures. However, this option presents relevant limitations, given that the beneficiary entities have special characteristics that make them unique in terms of their functions, for the university system.

Use of non-normative instruments such as specific conventions or agreements

The possibility of channelling support through collaboration agreements or other instruments of a similar nature has also been valued. However, this alternative does not guarantee the same degree of homogeneity, transparency and legal certainty in the allocation of funds, nor does it allow such a clear and systematic articulation of the regime of rights and obligations of the beneficiary entities.

Chosen option: direct concession by Royal Decree

In contrast to the previous alternatives, a Royal Decree has been adopted to regulate the direct granting of subsidies, in accordance with the provisions of the regulations on subsidies, for reasons of public, social and economic interest.

This option allows:

• Adapt the legal instrument to the uniqueness of the actions.
• Ensure a homogeneous, transparent framework with full legal certainty.
• Provide agility to the concession procedure, facilitating the execution of the actions within the foreseen deadlines.
• Ensure consistency with national strategic priorities in higher education.

Consequently, the chosen alternative is considered the most appropriate and proportionate to achieve the objectives pursued, in line with the principles of good regulation and with the framework established in Organic Law 2/2023.

The public participation period is open from 00:00h on the 24th of September 2026.

Contributions can be sent to the following e-mail address:

SGAUI@ciencia.gob.es