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
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Ministry of the Presidency, Justice and Relations with the Cortes
- Center for Legal Studies (CEJ)
- General Mutual Benefit Society for Civil Servants of the Administration of Justice (MUGEJU)
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Ministry of Defence
Undersecretariat of Defence
- Social Institute of the Armed Forces (ISFAS)
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Ministry of Finance
Secretariat of State for Finance
Undersecretariat of Finance
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Ministry of the Interior
- State Security Infrastructure and Equipment Office (GIESE)
- National Police Training University Center (CUFPN)
Undersecretariat of the Interior
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Ministry of Transport and Sustainable Mobility
Secretariat of State for Transport and Sustainable Mobility
- Centre for Public Works Studies and Experimentation (CEDEX)
General Secretariat for Land Transport
General Secretariat for Air and Maritime Transport
Undersecretariat of Transport and Sustainable Mobility
- National Geographic Information Centre (CNIG)
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Ministry of Education, Vocational Training and Sports
Ministry of Labour and Social Economy
Secretariat of State for Labour
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Ministry of Industry and Tourism
Secretariat of State for Industry
- Spanish Metrology Centre (CEM)
Secretariat of State for Tourism
Undersecretariat of Industry and Tourism
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Ministry of Agriculture, Fisheries and Food
General Secretariat for Agrarian Resources and Food Security
Undersecretariat of Agriculture, Fisheries and Food
- National Agency for Agricultural Insurance (ENESA)
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Ministry of Territorial Policy and Democratic Memory
This Department has no agencies attached.
Ministry for the Ecological Transition and the Demographic Challenge
- Institute for Just Transition (ITJ)
Secretariat of State for Environment
Directorate-General for Water
- Commonwealth of the Taibilla Channels (MCT)
- Cantabrian Hydrographic Confederation
- Duero Hydrographic Confederation
- Ebro Hydrographic Confederation
- Guadalquivir Hydrographic Confederation
- Guadiana Hydrographic Confederation
- Júcar Hydrographic Confederation
- Miño-Sil Hydrographic Confederation
- Segura Hydrographic Confederation
- Tajo Hydrographic Confederation
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Ministry of Culture
Secretariat of State for Culture
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Ministry of Economy, Trade and Business
Secretariat of State for Economy and Business Support
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Ministry of Health
Secretariat of State for Health
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Ministry of Social Rights, Consumer Affairs and 2030 Agenda
- Royal Board on Disability (RPD)
Secretariat of State for Social Rights
General Secretariat for Consumer Affairs and Gambling
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Ministry of Science, Innovation and Universities
General Secretariat for Research
General Secretariat for Universities
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Ministry of Equality
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Ministry of Inclusion, Social Security and Migration
Secretariat of State for Social Security and Pensions
- National Institute for Social Security
- Social Institute for Sea Workers
- Social Security General Treasury
- Social Security IT Department
- Legal Service of the Social Security Administration
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Ministry for Digital Transformation and Civil Service
Secretariat of State for Digitalization and Artificial Intelligence
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Independent agencies
The independent agencies or independent administrative authorities (AAI) are independent from the executive branch but relate to different government departments for budget allocation purposes.
Ministry of Finance and Civil Service
Ministry of Justice
Ministry of Transport and Sustainable Mobility
- Independent Authority for the Technical Investigation of Accidents and Incidents
Ministry of Economic Affairs and Digital Transformation
Ministry for the Ecological Transition and Demographic Challenge
Ministry of Equality
- Independent Authority for Equal Treatment and Non-Discrimination
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