Be very cautious with favorable remedy at festivals | Business | EUROtoday

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Summer is right here and that’s synonymous with solar and seashore, but in addition with festivals, festivals and widespread festivals. The city councils benefit from the great climate to supply residents essentially the most entertaining exhibits. Using the municipal checkbook, they attempt to appeal to artists who’re able to giving a present solely. For singers to set foot on stage, it’s crucial for administrations to barter their contracts and agree on particulars similar to time, place of efficiency, charges or copyright. Above all, the transparency of those agreements have to be monitored and that they don’t suggest favored remedy, as a result of, in that case, there are severe authorized penalties.

Social networks have put Mario Vaquerizo and his group Nancys Rubias within the eye of the hurricane for that reason. Just a few months in the past, in an interview that he gave to the newspaper The world, the artist publicly acknowledged that he was a pal of the president of the Community of Madrid, Isabel Díaz Ayuso. After these statements to the press, an argument broke out amongst residents as a result of the singer had signed a number of contracts to carry out at among the widespread festivals in Madrid (San Isidro and San Antonio de la Florida).

As a results of the controversy that has plagued Vaquerizo, it’s value asking what are the authorized mechanisms that enable uncovering doable favorable offers within the hiring of artists by the general public coffers. According to José María Monedero, accomplice at Dikei Abogados, the legislative weapon to forestall instances of favoritism and corruption is the Public Sector Contracts Law. This authorized textual content establishes that, within the occasion that any kind of favorable settlement is detected between an artist or firm with a member of the town council, officers should take measures to ensure transparency and equal remedy of artists.

For the skilled, some indicators to detect doable favorable remedy are, for instance, those who trigger an overpricing in contracts, unjustified deposits within the financial institution or repeated hiring to behave. Dikei's lawyer additionally sees a entice if the artist is given a bonus by making a customized contract doc.

If it’s found {that a} singer has obtained favorable remedy, for instance, as a result of he will get a contract as a result of a member of the family works within the council, the legislation severely punishes the offender. As Ignacio de la Riva, accomplice at De la Riva & Pastor Abogados, explains, whether it is found that an official agrees with an organization on a favor contract “it could constitute a crime of fraud punishable by prison sentences between two to six years.” Furthermore, the lawyer explains, such a motion might additionally represent “a crime of embezzlement, the penalty for which could be up to eight years in prison if the person responsible embezzles more than 50,000 euros.”

The cache

It is widespread for a lot of city councils to rent artists with a wage of lower than 15,000 euros. The motive, past financial savings, is official. The legislation units this quantity as a restrict for granting public contracts by hand, with out the necessity to launch a public provide. These agreements are often known as minor contracts and solely require “a report from the contracting body justifying the need for the contract, the approval of the expense and the corresponding invoice that meets the requirements set out in the law,” says Joanna Moreno, a collaborating lawyer at Openlaw. .

However, utilizing such a minor contracts “goes against the principles of administrative contracting,” warns Iban Díez, accomplice at Menta Legal, a agency targeted on advising artists and the leisure sector. The skilled states that signing artists by way of this course of “should always be an exception and used restrictively in the field of public procurement.” For this motive, and to keep away from signing singers straight, councils with greater budgets, similar to these in Madrid or Barcelona, ​​open a range course of to delegate this course of to an organization. In this fashion, they’re those answerable for “covering the entire festival program and hiring the artists that the city council has indicated,” provides the jurist.

If the present represents an expense for the general public coffers of greater than 15,000 euros, what is taken into account a bigger contract have to be signed. In these conditions, the city councils do open a range course of in order that artists keen on performing on the festivals ship their provide to go on stage. The drawback is that tenders on this atmosphere are “unnatural,” says Iban Díez. The lawyer explains that, in some instances, councils are infatuated with hiring a selected artist, so it is senseless to name for a public provide. “If a city council draws up a festival program and specifically wants David Bisbal, it makes no sense to open the contract and have other artists compete for that contract,” exemplifies the lawyer. Although he emphasizes that this modality of selecting with no public provide should even be restricted.

In case of harm, the legislation does require metropolis councils to justify why that artist and never one other. But it’s a diffuse authorized obligation that, in apply, works like a useless letter, in response to specialists. And all artists have their very own expertise that make them distinctive. As José María Monedero factors out, the way in which they sing, their actions or their staging can already be motive sufficient to go for a selected artist to be the singing voice of widespread festivals.

Technical 'Rider'

One of the primary frictions that artists have with the councils is because of the lack of technical sources of the municipalities to have the ability to give their present. This is the case of the group Extremoduro, which canceled final September a efficiency it had scheduled in Oviedo as a result of the technical capabilities of the stage didn’t meet its wants. For this motive, explains Joanna Moreno, a collaborating lawyer at Openlaw, “it is essential to have a technical rider in the contract.” That is, a report that specifies the sources that the artist wants for his present.

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