Aspectos diferenciales entre las subvenciones y las medidas de fomento económico

Resum

In this article the author analyses the scope of the legal framework for subsidies which stems from the General Law of Subsidies (LGS). To this end he has carried out a detailed study of the objective and subjective specification of the subsidies mainly from what is stipulated in the LGS itself. From the objective perspective, initially an analysis of the elements which constitute the essence of the subsidies is carried out and, from this analysis this category and legal framework is compared to other legal categories which the LGS considers not to be subsidies or which the Law itself simply excludes from the field of application of the LGS. With this in mind, the subsidies received by local Entities from other Administration deserve a special mention, whether this is done through instruments such as Plans for Works and Services or with other mechanisms. This is a particularly sensitive aspect in accordance with the repercussion that the necessary affectation the subsidies may have on the development of the local authority guaranteed by the Constitution. According to the author, the subjective specification of the legal framework established by the LGS, on the other hand, considers important problems with regard to subsidy-related activities that a series of entities carry out, where these same entities have been excluded from the application of the LGS due to the simple fact that they do not exercise administrative powers or are in the form of private juridical persons, which is the case of the Official Chambers of Commerce, Industry and Shipping and this is given special attention in this study