Article 202. Powers and prerogatives

202.1. Pompeu Fabra University is a public institution with its own legal personality and assets. Since it is considered to be a public administration, Pompeu Fabra University enjoys all the prerogatives and powers, except those that belong exclusively to territorial entities, of public administration set out in the legislation developed by article 149.1.18 of the Spanish Constitution, such as the powers of executivity and executoriety of its administrative actions, the official recovery of its property and other powers that derive from its ownership of public and patrimonial property, the power of restriction, the exorbitant powers that derive from the administrative contract legislation, the prerogative of exemption from the obligation of providing any type of guarantees or securities before the administrative bodies and before the judges and courts of any jurisdiction, or any others set out in the mentioned legislation.

202.2. The actions of Pompeu Fabra University are governed by the rules of the legal system and common administrative procedures applicable to the public administration in Catalonia, with the necessary adaptations to its organisational structure, to the special procedures set out in the legislation regarding the university sector and to its own procedures as set out in these By-laws and in the regulations that implement them.

Article 203. Creation or participation in legal entities

203.1. Pompeu Fabra University may create, of its own accord or with the collaboration of other public or private entities, institutions or other legal entities for the promotion and development of its aims, in accordance with the general applicable legislation.

203.2. It is the responsibility of the Board of Trustees to approve the incorporation, modification and extinction of these legal entities, and to approve the participation of the University in other entities.

203.3. The funds for incorporation or the contribution of share capital and any other contribution charged to the budgets of the University remain subject to the regulations pronounced by the Catalan government.

203.4. The Board of Governors and the Board of Trustees must be informed of the budgets of the entities in whose capital or equivalent patrimonial fund the university has a participation.

203.5. These entities remain subject to accountability obligations with the same terms and procedures as the University, in accordance with the provisions of the applicable legislation and these By-laws.

Article 204. Prior appeals and complaints

204.1. The decisions of the rector and the agreements of the Board of Trustees, the Board of Governors and the University Senate exhaust administrative procedures and may be directly challenged before the dispute tribunal.

204.2. The decisions or agreements of other governing bodies may be challenged before the rector unless, in accordance with the applicable regulations, they seek an administrative remedy.

204.3. It is the responsibility of the corporate bodies to resolve the appeals for reversal against the agreements of these bodies.

204.4. Administrative complaints are a prior requirement for the exercise of actions founded in private or labour law, except the cases in which the mentioned requirement is excluded by a provision having the force of law. The complaint must be addressed to the rector and must be processed in accordance with the current legislation.

Article 205. Representation and defence in a trial

205.1. It is the responsibility of the rector and the Board of Governors, without distinction, to approve the exercise of any action considered to be suitable in order to defend the legitimate interests of Pompeu Fabra University.

205.2. It is the responsibility of the lawyers that belong to the legal services of the University to defend it in a trial. The rector may entrust, when considered suitable, the defence and procedural protection to external lawyers, although he/she must explain this to the Board of Governors.

Article 206. Publication of agreements

The general agreements of the governing and representation bodies are published in the sections expressly set aside for this purpose in the electronic media of the University, and these shall be considered to be officially published. This publication must include the date on which it is performed for the purpose of starting the terms for the filing of complaints.

Article 207. Addition of technical resources

The Board of Governors must approve the administrative procedures that include the use of electronic, telematic and computer programmes and applications with a view to determining the guarantees and the requirements set out in each procedure.