Social Security: Plus Ultra's certificate was signed by a robot
Can a robot commit misconduct? The question sounded like a dinner-table joke until someone put it in writing in an official file. Spain's Social Security maintains —according to published reports— that the certificate of good standing declaring Plus Ultra up to date with its obligations was not signed by any person: it was issued by an automated system. A signature without a signer. The fault, they say, lies with the software.
The certificate of good standing is the document proving that a company or self-employed worker has no outstanding debts with Social Security. It is requested for bidding on contracts, receiving subsidies, or contracting with the administration. And since 2023 it has been issued automatically: no civil servant, with an electronic signature and a Secure Verification Code (CSV). That is the real crux of the case.
What a certificate of good standing is — and what it is not
It is worth separating two documents that the noise has conflated. A certificate of good standing is not a decision granting a deferral. They are different pieces, with different people responsible and a different legal nature.
One of the effects of having a deferral in force is that the debtor is considered to be in good standing. And that is how it will appear on every certificate issued while the deferral remains active. The result: any company or self-employed worker with an approved deferral gets exactly the same document as Plus Ultra, the one saying "no outstanding debts." It is not a glitch in the system; it is how the system is designed.
Moreover, issuing the certificate does not constitute an administrative act. It is a regulated, mechanical procedure, handled online for years now. Which is why the debate over who stamps the signature comes too late and misses the point.
Who granted the deferral, and with what guarantees
The real issue is not whether a program signed or failed to sign. The issue is who granted the deferral, when, with what guarantees, and why. Granting it is discretionary: there is an authority with a name, a surname and the power to decide. That is where the spotlight should be, not on the script.
The official argument recalls the classic "my dog ate my VAT forms," except this time the dog is a computer routine and the form a certificate with a CSV.
Some argue that technology is a tool and never a shield of impunity: if the certificate exists, someone answers for it. On the other side weighs the technical argument —the document is a regulated, automatic procedure, not a decision— which passes the buck to the deferral file. And in between, a third option is gaining ground: requiring certificates to detail the deferred, amortized and outstanding debt. It would be a field day for the self-employed and subcontractors under Article 42 of the Workers' Statute, but it would put an end to documents saying one thing while the accounting says another.
Robots don't go to prison. Civil servants do. It's the only part of the file that nobody has automated yet.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (15 replies).
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