The reform of the legal regime of mutuals: another occasion lost

Abstract

In the Spanish Social Security, in spite of his constitutional configuration as public regime, they manage a part of the same one a few entities, till now named Mutual of Work accidents and National Health Service, of private nature. The continuous adjustments and reforms on the juridical regime of the Mutual ones, it was coming advising a rethinking of the same regime, across a legal disposition that should contemplate in his integrity the current situation of before called "employer mutualism " and his adequacy to the reality of the Social Security, following the orientations of the political and social previous commitments, as well as of the forecasts legal forecasts contained in the Law 27/2011, of August 1. Nevertheless these purposes, the Law 35/2014, of December 26, by that the General Law of Social Security is modified in relation by the juridical regime of the Mutual ones of Work accidents and Occupational diseases of Social Security, does not follow these orientations, supporting the previous schemes, at the time that incorporating some innovations of fret (that could denaturalize the own concept of the Mutual ones) some punctual adjustments are effected, especially regarding the economic - financial areas.

The opportunity gets lost to delimit clearly the paper of the Mutual ones in the area of the management of the public regime of Social Security, his adequacy to the current reality or his opening to a major social participation in the direction of the entities, on the basis of the forecasts of the article 129 of the Spanish Constitution.