MOTION OF THE GREEN ONES OF THE OROTAVA AGAINST THE PAYMENT BY THE BOOK LOAN IN THE PUBLIC LIBRARIES

EXHIBITION OF REASONS

Not only on bread the man lives. I, if he were hungry and he were destitute in the street would not request a bread; but he would request average bread and a book. And I attack violently here which only speaks of economic reinvindicaciones without never naming the vindications cultural that are what the towns ask to shouts. He is well that all the men eat, but who all the men know. That they enjoy all the fruits the human spirit because the opposite is to turn them into machines to the service of the state, he is to turn them into slaves of a terrible social organization.

Federico Garci’a Lorca.

In 1992 the directive was created 92/100/CEE, according to consists in its introduction, due to the existing differences in the legal protection that offer the Member States to works protected by the rights of author and to the objects protected by compatible rights in the matter of rent and loan, and that such differences are source of obstacles to the commerce and of distortions of the competition that prevent the good operation and the accomplishment of the inner market. In essence the economic right of the author to the loan is introduced.

The most direct consequences of this directive receive the libraries, because it comes to introduce the obligation of these to pay by the loan of books.

The Spanish legal system adapts to this directive, although it applies article 5,3 of the own communitarian directive: “The Member States will be able to exempt to certain categories of establishments of the payment of the remuneration….”.

The European commission has denounced and condemned the States Spanish, French, Italian, Portuguese and Luxemburgish to consider that this article 5,3 of a very ample form is being applied, which in his opinion is lapsing the application of the loan right, when high-priority considering that to l@s autor@s and, by all means, l@s editor@s has right to an economic compensation because the similar loans of the libraries and centers harm the commercial operation of the work.

The libraries, the archives, the museums, the fonotecas and the film libraries act a as of diffusion of the culture and the thought that supposes a support to the fortification of the democratic values. The payment of a canon reduces this public function on watch.

The public libraries (policemen, of districts, students…) and the similar centers act a as social and are a fundamental axis in any cultural policy, which is supported with the taxes of the citizenship.

A numerous group of escritor@s has subscribed a manifesto against the canon by the book loan, since they are conscious of the important social function of the public libraries and their debt with them. They refuse to that a canon by the loan of its books is received. They argue it in which the libraries serve public of first order and that the true beneficiaries of this measurement would be the great publishing houses and the managing organizations of (supposedly) the rights of the authors. Finally they refuse to serve as alibi this new maneuver of mercantilización of the culture.

By all this, the Green ones of the Orotava we elevated to the Plenary session of the Corporation, for its approval if the text comes from the following motion:

TEXT OF THE MOTION

• The City council in the heat of, asks for the government of the Kingdom of Spain that declares the public libraries and free similar centers to pay by the loans that realise, in agreement with article 5,3 of the Directive 92/100/CEE.
• It indicates his similar rejection to the adoption of any rate to the public libraries and centers by the book loan or other documents submissive the author rights.
• It shows his disagreement with the proposal of the European Union of modification of the Law of Intellectual Property for the collection of the rights of author by the loans that are realised in the public libraries and similar centers.
• To give to transfer of this motion for its support to the Canary Parliament and the Insulares Town halls and City councils of the Canary Islands through FECAI and FECAM.
• To give transfer in the present agreement to the European Parliament to inform our similar rejection to the application of a canon to the loan in the public libraries and centers.

Academic masters of investigating initiation, specialization, professional direction… Great part of the financing of the new studies of postgraduate falls on the company and the pupils.

The private financing consists of two fundamental routes, the investments of companies or institutions and the rates of the students, who in the postgraduates and masters are increasing progressively. Facing favoring the access of the students to this type of degrees, noticeably more faces, the Ministry of Education and Ciencia (MEC) have replaced the traditional non-refundable aid (scholarships) by mechanisms of future payment for the costs of the university degrees (actually a hypothecating loan).

This new concept supposes another qualitative jump in the conception of the education and the public aid. The students are passing to be scholarship holders to borrowers, that is to say, clients of the own MEC or a banking organization that provides an amount to them given for the development of the studies superiors. In Great Britain, the first European country in which the high rates were compensated with the financing by means of loan-rent, the scholarships totally have been replaced by this type from financing the study.

Of this form, today in the Spanish State two types of educative loans public exist: the calls properly “grant a scholarship-loan” and those that are calld euphemistically like “loan-rent”. On the one hand, the grant a scholarship-loan is destined to students of first and second cycle, and must like unique aim facilitate to the students the conclusion of their university official studies. Minimum credits of of 3,000 Euros and maximum of 9,000 Euros can be solicitd, that will be financed between the MEC (70%) and one banking organization (30%) that agreement with the MEC has. A period of amortization of three years plus another one (first) of deficiency will be applied, whose interests will be accumulated in the three remaining years. The total liquidation will be realised by equal monthly payments.

In addition, the MEC has specified that the type of interest that is applied will be based on the European Market Interbank (EURIBOR), plus a differential of 0.3 percentage points. Once deduced the subsidy of the MEC, the total of interests that are derived from each operation it will be assumed by the students and the banks in a proportion from 2 to 1.

This new system of financing of the study generates a mercantile relation in the educative panorama, where the banking organizations like an outstanding actor enter game. These will be those that, through present legislative frame, will have the paper of financial creditors of the university studies, abriendo the doors of a new niche of market, the credits for the study, that, as they point all the interbank indicators, have not stopped to grow three years in the last. In this sense we are in danger that what now sells to us like an exception, soon one becomes a norm to be able to accede to studies superiors.

On the other hand, them loan-rent is directed to those titleholders who want to finance the cost of the official studies of masters in Spain or any country of the European Space of Educación Superior (EEES), as well as to facilitate a monthly rent to the students wish who it. The one that outside minister of Education and Ciencia, Maria Jesus San Segundo defined, them before the Senate like: “A pact between generations. The generations that public work and contribute with bottoms are financing the postgraduate students who, as well, will give back the given money when they work” (University Newspaper, 17-04-2006). The loan-rent consists of an initial payment of up to 6,000 Euros, being able asking for in addition a monthly amount to up to 800 Euros per month of official duration of the masters, until a maximum of 21 months. Both first years of use of the loan will be of obligatory deficiency, plus the period that subsequent to passes until the first day 15 of March both years of the company/signature of the contract. The budgetary grant that has destined the MEC for this type of loans is of 50 million Euros, therefore the number places will be closed when this amount is run out.

Hypothecating ballast of 15 years.

The term of amortization will begin to count itself from the exercise following to that one in which the rent of the student exceeds in the previous exercise the basic threshold taxable general and of ahorro/IRPF of 22,000 Euros/year. The loan will be amortized in eight years. In any case, the debt will be extinguished flowed out 15 years from the formalization of the operation. The amortizations of the Final Borrower will be linear and quarterly, and it will not be able to surpass the annual total of 1/8 of the contracted total debt. The loans rent, at least, suppose a hypothecating ballast of 15 years for the majority of the students who decide on this option to be able study of postgraduate and masters.

A mortgage to reach a greater labor qualification than will have to give back to comfortable terms once the student reaches a gross remuneration of, at least, 1,571 Euros to the month. Nowhere it is mentioned the increase of the wage level in these assumptions 15 years of amortization. According to a previous study to the approval of them loan-rent, still with the implementation of this type of credits of financing of the studies, the postgraduate will be the opportunity so that the universities, maintaining a total number of students probably smaller than the existing one in the studies of Degree, conceive a horizon in which, as it says to professor Vicente Grouse, “30% of the total of students are postgraduate at least students, of which a 10% would be in doctorate programs” (Encounter “the engineers and architects before Europe”, UPM, 2004).

Elitización of the postgraduate.

This will suppose not even that, at least, between a 60% and a 70% of the titleholders of Degree will not be able to accede to the postgraduate studies, mortgaging its immediate future. Actually, the Degree – common degree for all the university students adapted to the needs of the labor market will be the last step for the majority of students, taking place de facto the elitización of the postgraduate.

This system of financing worsens the competition between the universities by the limited resources, causing that “the distinguished ones by their quality take the best part and those than they do not receive only bottoms to assure his subsistence. Thus there will be competition and this one, as they create some, generates efficiency and, as we know others, it generates inequality now”, as Albert Corominas explains in “About the Spanish University,” (Meanwhile, nº 68-9, Barcelona, 1997).

The essence of this new turn was summarized by the previous Advisor of Education of the Community of Madrid when it declared three years ago that “the universities cannot aspire to live exclusively on the public budget that has a limit; whatever more private bottoms obtain, more bottoms is going to give the Community to them; a good financing will allow the Madrilenian universities to compete and being a referring one in the world”.

According to a information published in the World, a system of financing between individuals is beginning to be developed in Spain that already been successful in other countries, like the United Kingdom. One is about loans P2P, that is to say, person to person. The procedure is the following one: a user asks for a loan in Internet and hopes to that other users are interested in their idea. The platform through which it negotiates is a page Web behind which, as always, there is a company. In Spain there are, at the moment, two companies dedicated to this business: Comunitae and Partizipa.

First not yet it has taken off, although it hopes to do it soon. Second yes it acts as intermediary financier and it is focused to the financing of enterprising businesses. Both have a fundamental difference: while Comunitae projects to acquire a commission to put in contact to the lender and the borrower, Partizipa prefers to replace the direct collection by a participation in the business, in search of yield. For it, logically, it must be implied in the project and follow it close by. In this sense, Partizipa would not be strictly a platform of loans P2P but something as well as a financial intermediary. Figure, the one of the intermediary, who lacks regulation at present and that floats in the middle of a legal emptiness, like the initiative in himself.

In main lines, these new companies look for to position themselves like an alternative to traditional the banking and financial system. They criticize the policies of the banks, especially concerning the collection of interests. Nevertheless, as we before said, the new initiatives of loan between individuals not yet are legislated, and so, besides distinguishing itself of the banks by the absence (in principle) of interests, they make also it lack legal requirements as far as transparency and information to the consumer. Although they assure to be put under external audits and to apply to a policy of absolute transparency, the certain thing is that legal procedures do not exist to demand it nor to protest before an organism in particular in case of breach.

These initiatives are the result of the crisis. As we already indicated in others posts, the periods of economic difficulties worsen I devise, and this one is an excellent example. Time will tell if these companies have possibilities of settling down like a serious and safe alternative to the traditional banks and, if yes, if the banking organizations must adapt to the idea to have a competitor of these characteristics.

GUADALAJARA, JALISCO. - Before it concludes east year, the Executive authority could make specific a project of support for the jaliscienses that live in extreme poverty. The Government would grant loans to nonsusceptible people of credits in banks, and even in the own Secretariat of Economic Promotion (Seproe), through credits of the Bottom Enterprise Jalisco de Fomento (Fojal).

In Writing Table of the INFORMER, the governor of the State, Emilio González Márquez, revealed that details of this project are sharpened, with the aim of throwing it to walk this same year.

“He consists of taking the credit to the people who are not subject bankable, and who not even describe for programs like Fojal. Giving money to him to the town without guarantee, without endorsement, but we would acquire interests so that the money recovers and it is returned, but with a subsidiary interest”.

It explained that they analyze the conditions for the project, but advanced that they are based on a model of the university professor in economy Muhammad Yunus, denominated “the bank of the poor men”.

The intention is to create a financial scheme so that those that less they have can count on resources: “It would be to give money to him to the lady who works in a farm so that she buys a cow, so that she buys hens or a coat of fertilizer and seed to make an orchard, we are going away to the lowest level, and I hope that she can take this year”.

It considered that in Jalisco there are 500 thousand people of legal age in nourishing poverty who could be subject on these credits. The intention is to begin with 100 thousands of this type of credits, “which would imply between 50 million and 100 million weights”.

Also it is to define if the program would be applied by the Secretariat of Human Development, Economic Promotion or Finances.

Supports for the field

The agent chief executive also announced that the Secretariat of Rural Development (Seder), in charge of Alvaro Garci’a Chávez, works in approaches with the agroproductores to modify the way in which they exert the resources of Profield.

“They are using At the moment it like an entrance removes that them from a temporary bronquita, and now what we want it is that the resources are used in the long term”.

The intention is that the resources of the Profield of next the five years meet, and the resources can be useful.

“The producers sign a slip of paper, the Government puts something of wool and instead of which you spend it to you in the daily consumption we make a system of irrigation that benefits to all this zone and that allows to leave poor man with the irrigation”.

It added that in the zone of the Stops a project exists to grow the milk cattle ranches, and in this way its yield.

hello good for having if it can help me helpful serious.
my problem is the following one: it buys a house to me by cooperative when I saw the planes and other me daron a folio with a supply of Caja Madrid in which you ofrecia the money that habia that to give in the cooperative provision of bottoms… asks for in Caja Madrid and accepted me 24000 Euros I I do not pay anything of that loan if they gave it to you with the option that you made the mortgage with them and metias in the mortgage. then arrives the moment and they say to me that my loan already goes by 28000 and that if 97% of the cost of the house put me in the mortgage supondria consequently not me they grant it and now k I do? me kedo without house without money and with a loan with right them k I have? k I can do?

THE LAWYER RESPONDS FREE.

I understand that they did not give those conditions in writing him (to unite the mortgage to its hypothecating loan).

The problem that you have you are the one of very many people, since the banks counted on an ascent of the value of the buildings, of such form that the appraisal in the delivery of the house gave 80% by the ascent of its price.

Unless it has that supply in writing cannot do nothing. It tries to negotiate, or to even go away to another bank. However, the first credit is personal, and could pay simultaneously both if its capacity allowed economic it.