Spanish Government Structure and Regional Autonomy

Posted on Dec 18, 2024 in Law & Jurisprudence

The Government

The organs comprise the President, Vice-President(s), and the Ministers, acting both collectively through the Council of Ministers and the Executive Committee of the Government.

Government formation is initiated by the granting of parliamentary confidence to a certain candidate by the Congress of Deputies. Appointed by the President, he proposed the appointment of other members of the Government to the King, who formally appoints the ministers, though with no decision or veto power. The cessation of government occurs by death, resignation, or loss of parliamentary confidence by the President. The outgoing Government shall continue in office with powers and abilities required by the Act of the Government.

The President

The figure of the President is the most important since it will depend on your appointment and removal of all components. The nomination process begins with the proposal by the King of a candidate, made after consultation with political groups. The candidate must exhibit, in the Congress of Deputies, the Government’s political program which aims to train and seek the confidence of the House. Prior discussions shall be given confidence means first ballot by an absolute majority of the members of the House, and second, held 48 hours later by a simple majority (art.99CE).

The cessation will take place on death, resignation, expiration of the parliamentary mandate, and the loss of parliamentary confidence. This is when the President himself before Congress raises a question of confidence on his program or on a general policy statement. The trust will be deemed granted your favor when you vote a simple majority of Members, if defeated, the President shall submit his resignation to the King. The trust also thrives when the censure motion. This should be proposed by one-tenth of Deputies and shall include, in accordance with its constructive nature, a candidate for the Presidency of the Government, after the discussion, and if the censure motion and the proposed candidate obtaining an absolute majority of the House, criticized the Prime Minister from office shall cease and shall be automatically vested in the proposed alternative candidate in the motion.

The EC outlines the duties of the President in the art.98.2CE “the President directs the operation of Government and coordinates the functions of other members of the same, without prejudice to the competence and direct responsibility in managing them.” Government Act assigned the following functions:

Representing the Government
Setting the political agenda and determine the guidelines of the internal and external policies and ensure compliance.
To propose to the King after deliberation by the Council of Ministers, the dissolution of Congress, the Senate, or the CG
Ask the Congress, after deliberation by the Council of Ministers, the question of confidence
To propose to the King’s call for a consultative referendum, prior authorization by Congress

The provisions and measures whose adoption comes attributed to the President will be called Prime Minister DR.

Corresponds to the President also:

Lead defense policy and armed forces exercise with respect to the duties provided for in specific legislation.
Convene, chair, and set the agenda for meetings of the Council of Ministers
Endorse, if any, acts of the King and submit to their punishment, laws and other rules with the force of law.
An appeal of unconstitutionality.
Create, modify, remove, RD, ministerial departments, as well as the secretariats of the United States.
Approval of the organizational structure of the Prime Minister
To propose to the king the appointment and removal of the Vice-Presidents and Ministers
Resolving conflicts of authority that may arise between the different ministries
Instruct the other members of Government
Exercise any other powers conferred by the EC and the laws

The Acting Prime Minister suffered a significant cut in his powers: the King may not propose the dissolution of either House, or CG, or raise the issue of trust, or propose to the King’s call for a consultative referendum (art. 21 Government Act).

The criminal responsibility of the President, other members of the Government, according to art. EC 102 will be payable to the Criminal Division of the TS. If the charge was for crimes against state security in the exercise of their functions, can only be raised by the initiative of a quarter of the members of Congress and with the approval of the majority thereof.

In terms of incompatibilities, art.98, 3 EC provides that members of the Government may not perform representative functions other than their parliamentary mandate, or any other public function not deriving from their office, nor engage any professional or trade.

The Vice-President

Art. 98 EC makes clear the optional character of their creation. The Government Act also established that the Vice President / s they shall have the functions assigned to them by the President, adding that the Vice President to assume ownership of a ministerial department, also will hold the rank of Minister. Experience shows that sometimes the Vice Presidents act as seconds, as his alter ego, or as a super-coordinator of certain political and economic areas. Their appointment and removal for the King at the proposal of the President of the Government.

Both President and Vice President have direct support bodies. It should be pointed out first by raising the policy the Cabinet of the Presidency of Government, composed of most trusted advisers to discuss policy initiatives and plans of the different ministries in implementing the government program and the advisability of the amendment, deletion or adoption of new ones. Other supporting bodies are: the Government Spokesperson, the Secretariats of President and Vice President, General Secretariat of the Presidency of the Government or the Economic Office of the Prime Minister.

Functions of the Council of Ministers

According to the Government Act (1997) are three principles that shape the functioning of the Government:

Presidential Address: gives the President power to determine policy guidelines to be followed by the Government and each of the departments.
Collegiality and consequently several liability of its members
The first department, which gives the holder of each department with a wide autonomy and responsibility within their respective management

The Government acts and expresses itself primarily through two colleges: the Council of Ministers and the Executive Committee of the Government. Both bodies have, as bodies of collaboration and support with the General and Assistant Secretaries of EE, the Secretariat of Government and Cabinet.

The Council of Ministers

What are the President and Vice-Ministers, and where appropriate, the Secretaries of State, if they are summoned.

The Council of Ministers will direct the constitutionally appropriate internal and external policies, the civil and military Admón defending the state, to exercise executive and regulatory power in accordance with the EC and the laws (art.97CE). Therefore it is of its competence:

Approve bills and PGE, as well as the Royal Decree-Laws and the RD-legislative.
Agree to the negotiation and signing of international treaties and its provisional application and forward to the GC.
Declare states of emergency alarm and to propose to Congress the U.S. statement Site
Provide for the issuance of public debt or loan contract
Approve the regulations for the development and enforcement of the laws.
Create, modify and delete the governing bodies of the ministerial departments
Adopt programs, plans and guidelines binding on all organs of the AGE.
Finally, exercise any other powers conferred by the EC, the laws and any other provision.

These functions are delegated to the Executive Committee of the Government, except those directly attributed by the EC, and others that can not be delegated.

The caretaker government has limited powers to facilitate the normal development of the process of forming the new government and devolution of powers to it. So you should limit its activities to the regular office of public affairs, refraining from adopting, unless duly authorized emergency or for reasons of public interest expressed for accreditation so warrants any further action.

Meetings of Council of Ministers are secret, which acts as Secretary the Minister for the Presidency and can assist them, besides the President and the Ministers, Secretaries of EE. The legislature intends to emphasize the president headed straight for the summoning, chairs and imposes its agenda. The minutes of those meetings, which may take the decision-making or deliberative circumstances include only those related to time and place, the ratio of attendees, resolutions adopted and reports. The legislature intended that there is no formal vote and, especially, dissenting. Therefore, the Minister who is unhappy with an agreement to hold harmless, has no alternative but to resign on the spot.

The possibility that attend Council meetings King distinguishing between ordinary sessions of the Council of Ministers of those others who chairs the King. This distinction, however, has no substantial consequences.

The Government Delegate Committees

Are configured (Government Act) and Councils of Ministers reduced decentralized nature bodies, which are governed by the same rules to those set for the operation of the Council of Ministers.

It delegates to the Commissions:

To examine the general issues that relate to various ministerial departments to integrate the Commission.

Studying those issues that affect various ministries, require development of a joint proposal prior to its resolution by the Council of Ministers
Resolving issues, affecting more than one ministry, do not require elevated to Cabinet
Any other allocation that gives the law or are delegated by the Council of Ministers.

The creation, modification and deletion of the Executive Committee of the Government will be decided by the Council of Ministers by Royal Decree, the President’s proposal, which shall specify, in any event, the member of Government to assume the presidency of the Commission, members of Government and, if necessary, U.S. Secretaries of coverage, the functions assigned to the Commission and the member of the Commission which is responsible for the Secretariat itself.

Support bodies

Secretaries of State: AGE upper bodies directly responsible for implementing the Government’s action in a specific industry or a Department of the Taoiseach. Acting under the direction of the Department to which they belong. When they are attached to the Prime Minister, acting under the direction of the President. May hold by delegation of their respective Ministries of the representations thereof on matters within its competence, including those with international presence.
The General Committee of State Secretaries and Assistant Secretaries: composed of the heads of the Departments of State and the Secretaries of the various ministerial departments. The Chairperson, a Vice-President of the Government, or, failing that, the Minister of the Presidency. The meetings have preparatory character of the meetings of the Council of Ministers so that all matters be subject to approval of the Council of Ministers should be examined by the Commission, except those determined by the operating rules of the former, without in any case the Commission can take decisions or agreements of the Government delegation.
The Secretariat of Government: national support of the Council of Ministers, the Executive Committee of the Government and the General Committee of State Secretaries and Deputy Secretaries. It assists the Minister-Secretary of the Council of Ministers, is responsible for the remission of invitations to the various members of collegial bodies, the filing and custody of the calls, agendas and minutes of meetings, and, finally, ensures the correct and accurate publication of the regulations and rules issued by the Government to be inserted into the BOE. The Secretary to the Government is integrated into the organizational structure of the Ministry of the Presidency.
Cabinets: organs of political and technical support of the Prime Minister, Vice-Presidents, Ministers and Secretaries of State. Perform duties of trust and special counseling. In particular they provide support in developing their political work in carrying out the duties of parliamentary and in its relations with institutions and administrative organization. In no case can take corresponding actions or decisions legally AGE bodies or organizations attached to it. The number and salaries are determined by the Council of Ministers.

The Regional State

The EC of 1978 not only ended the dictatorship of the former regime and restored the system of liberties, but it broke just as firmly’s organizational infrastructure EE nineteenth-century liberal. It departed from a maximum enhancement of territorial autonomy, the great ppio that inspires the EC and which involves two aspects: first, the creation of new local authorities such as the CCAA, and the other, the establishment of the institutional guarantee of the Entities Local. The EC does not list the Autonomous Communities that make up the Spanish State, or establishing an equal distribution of powers, and all the CCAA are constituted simultaneously.

The arts.148 and 149 EC does not define powers of the State and the Autonomous Communities, but provide a framework for its establishment through the respective statutes. The result is an uneven permission constitutional division of powers among the various communities.

Everything seemed that the EC post-Franco would inspire the CE1931. But it certainly did not happen, but the CE78, obeying a strict anti-centralist dogma rather than people’s aspirations for decentralization (much lower than those in the decade of the 30s), encouraged and deepened the line of autonomy over the limits of the CE1931.

A first element of this deepening is the cheapening of Procedural formalities required for the formation of autonomous regions.

In CE78 autonomy is an irreversible situation, unable to even become uniprovincial CCAA. It is also different criteria and rules of division of powers between the State and the Regions and Autonomous Regions.

The ideological background that seems to inspire the EC is trying to correct the French-inspired centralism vertebra all constitutions since the Spanish Constitution of Cadiz. The CE78 offers on the one hand, a pessimistic and negative about almost two centuries of liberal organization of the state and aims to provide an alternative territorial division and distribution of power based on the status of pre-liberal absolutism. Only from an ideological inspiration fuerismo enhancers Carlist reference includes the unusual (unusual in the constitutional tradition Spanish) to “respect and protection of the historic right of the provincial territory,” and the final repeal of laws that cleared the privileges that Carlism demanded.

The Regional Process

The pre-autonomous phase

The autonomy process took the exit without waiting for the enactment of the EC, through the restoration of the Generalitat of Catalonia in 1977. This reset starts the phase of the pre-autonomy, which was basically to extend, also by Decreto’ley, the approved scheme for Catalonia to other parts of the country, which was thus divided almost entirely (with the exception of Madrid, Ceuta and Melilla, and Navarre, which continued its statutory scheme) perceiving that the current regional map.

Organically, the pre-autonomous model was the creation of a collegial body that took the greatest powers, and another one-man, and, finally, another college in the form of government. The contents of the pre-autonomy competencies were rather modest, attributing executive functions, including regulation, in some areas.

Roads and Autonomous Communities classes

The EC establishes inequality that leads to accept two kinds of autonomy: the full or maximum and gradual, which logically lead to different levels of competence. These two levels are determined by systems of access to one or another kind of autonomy that are not uniform and therefore can be distinguished, depending on the intended route or-use, of the following cases:

First, the CE78 designed a special change to the autonomous communities for the duration of the plebiscite had CE1931 (signed, drafted, approved, endorsed and ratified) the Statute of Autonomy. This system was followed for the adoption of the Statute of Catalonia, Galicia and the Basque Country. Be noted that the referendum was far from democratic requirements laid down in the EC, 1931.

The more rigorous process to access the full autonomy and the adoption of the Statute was envisaged in the art.151CE and nationalities were released “historical.” Conistía rigor as that provision required that the regional initiative was approved by the Provincial and the 3 / 4 of the Municipalities of each of the affected provinces representing at least a majority of the electorate of each and that this initiative was ratified by referendum an absolute majority of voters in each province, then followed procedures similar to those described for the previous category.

Another way to access the full autonomy avoiding the rigors of art. 151 EC has been the process we might call progressive autonomy Joint complemented with the LO. These LO have the potentiality of extending to higher levels or full powers that would accrue gradually following the procedure governed by Art. 143 and 146 of the EC and without waiting for five years pursuant to art. 148.2 to enlarge. This was the process of approval of the statutes and the creation of the Autonomous Community of Valencia and the Canaries.

For access to the gradual autonomy (which allowed to achieve, after five years, full or maximum autonomy as in previous cases), the EC 146 arts.143 and designed a simpler procedure, regardless of any form of popular consultation. The initiative process is conditioned only to the approval of the Provincial Councils concerned, and the 2 / 3 of the Municipalities population, representing at least the majority of the electorate of each province or island. The regions formed through this procedure were, in principle, limited by the ceiling laid down in art.148CE competence. However, only the Statute of Cantabria adjusted their skills to the limit, because the statute includes other matters covered by the art.149CE and those typical of full CCAA.

Of all the processes shown was released the CCAA Navarra, has even managed to marginalize the technical statutory maximum reaching powers through LORAFNA, and have also served to avoid the possible incorporation of the Basque Country, under the Statute of this.

The regional map includes 17 autonomous communities, of which 6 are fully independent (Basque Country, Catalonia, Galicia, Andalusia, Navarra and Valencia) and eleven progressive autonomy. This must be the autonomy of the cities of Ceuta and Melilla.

The equalization of skills. LO9/1992

The equalization of the powers of the gradual autonomy Communities (scheduled within five years through reform of the statutes referred to in art. 148 EC) at the top level has taken effect under LO9/92, which CCAA is transferred to those state-owned powers that allow them matching with the full competitive CCAA. This LO is justified in the art.150.2CE, which allows transfer or delegate to the Autonomous Communities, through an organic act, powers for state-owned materials which by their very nature can be transfer or delegation, which had already led to the initial expansion powers of the Canaries and Valencia.

The autonomy process has been developed, and so continues, subject to constant conflicts with the TC, because of the attempts of the CCAA to carry out unilateral interpretations of the titles of competence in order to broaden their skills. But above all, the process has lived in a climate of constant tension and de-legitimization, leading from CCAA “historical” ruled by nationalist parties, which postulate independence-leaning overcoming the constitutional framework and the breakup of the unity of Spain, which establishes EC. If the situation is not dramatic is because a new centralism and equality, European, protects us from a dangerous cantonalism.

Competency Distribution

The EC, rather than use the technical expertise of federal and regional States, chose to establish an original, so the complexity has given way to confusion and later forced the intervention of the legislature through the Harmonization LO Autonomy Process, and the TC, when multiple conflicts arise.

The fundamental error of constitutional design is not having been resolved from the EC itself, with detailed lists, what are the powers of the State, corresponding to the CCAA and shared. Nor is modeled after the U.S. Federal (list of corresponding powers of the remaining Federation to the United States) or U.S. regionalist (list of powers of the regions, meaning the rest of the U.S. as their own). It followed the original way of making the Constitution, whose number was still unknown, the basic part of the distribution of powers within the “letter of powers” under the arts.148 and 149. Obviously the result was a complete lack of uniformity, producing an uneven allocation of responsibilities to the various regions.

The powers of art.148

This provision enumerates the powers of the Autonomous Communities may assume by its Statute. Communities For full autonomy these skills are a minimum, be overcome through art.149. Gradual autonomy for art. 148 was, in theory, the maximum powers, improved by the reform of its statutes, after 5 years of its adoption. However, there are matters within the art.148 which by its nature can be considered the exclusive jurisdiction of the CCAA. Others have to classify them as shared, either because there is a concurrent ii EE, either because it presupposes the validity of a higher state legislation on these matters.

The list of competencies of art.149

The article lists a number of materials on which ensures, in principle, the exclusive jurisdiction of the State. However, it should be noted that not all 32 subjects are assigned exclusively to the State, accepting most of them shared or concurrent jurisdiction of the CCAA, through various methods ranging from the distinction between ii general and regional level to the U.S. reservation to the single basic legislation, through the attribution to that of the whole exercise legislative and enforcement referring to the regional competition.

Well, all the possibilities of this provision, minus what it considers the exclusive competence of the State have been exploited by the Statutes of the Communities of full autonomy to make their lists of competence.

Subsidiary agreements

Call-up to the three rules established by paragraph 3 of art.149, so that powers are not without their respective holder:

Matters not expressly assigned to the State by the EC may be the CCAA under their respective statutes. This rule sets a regional competition powers conferred under the Statutes. This rule has been utilized to the statutory limit by the legislature.
The powers on matters that are not claimed by Statutes to the State.
State rules prevail in case of conflict over the CCAA in everything that is not attributed to the exclusive jurisdiction thereof. This forces the Statute include the largest number of materials and classify them as much as possible of exclusive powers, whether justified or unfounded.

The system art.149.3CE finally ends with the clause state supplementarily D º D º with respect to the CCAA, “state law shall in any case, supplementary to the law of the Autonomous Communities.”

Provides two possible ways Art.150CE extra-statutory regional extension of the powers:

State legislative powers that can be attributed to all or some of the CCAA, so that they dictate the appropriate legislation within the framework of the principles, bases and guidelines determined by state law. Will this same framework law which establishes the procedures for control of the CG on the CCAA legislation, subject to the jurisdiction of the courts.
The State may transfer or delegate, by LO powers for state-owned materials which by their very nature, can be transferred or delegated. The law establishes in each case the corresponding transfer of financial resources and forms of control that the U.S. reserves.

Materials and functions

EC delimited the powers and made the distribution of powers in response to objects or materials (eg tourism, agriculture …) but without defining which of the various public functions (legislative, executive or judicial) were to exercise over them.

While other restrictive interpretations of the EC in relation to the allocation of the legislative function for the CCAA, the statutes of all the CCAA have assumed legislative powers and included in your organization the appropriate Legislature. Autonomic managers can not issue decree-laws in the absence of express statutory provisions.

Within the executive there is no reservation in including in it to understand the regulatory powers, both regional law enforcement and in terms of organization.

Finally, it should be noted that the executive powers find their precise definition transfer agreements made by the joint committees of representatives from the U.S. and CCAA and finally approved by RD. In any case, if the EC EE subject entirely to the legislative branch, only executive powers of the CCAA does not displace state intervention aimed at ensuring the general ii.

Limits of Autonomy

It is customary to note as limits on the exercise of the powers of the CCAA the principles of unity, equality, solidarity and free movement of persons and property. You can join them express prohibitions, such as federate across territories. Most of these limits are set out in Chapter I of Title VIII of the EC (general Ppios the territorial organization of EE).

The principle of unity proclaimed by art.2CE, has also been a negative statement, but equally emphatic, the TC: “(…) autonomy is not sovereignty, under no circumstances (…) oppose the principle of unity, but it is precisely within this where it reaches its true sense (…)”.

The principle of solidarity, in addition to his statement in the same art. 2 EC is reflected in other constitutional provisions in some statutes. The EC is art.138 imposed as an obligation of the State, which should guarantee a proper and just economic balance among the various parts of Spanish territory, addressing in particular the circumstances of the island. Solidarity also determines the scope of the financial autonomy of the CCAA and play as a criterion justifying the existence and subsequent division of the Inter-territorial Compensation Fund (sections 156 and 158 CE).

The principle of equality for our purposes is a more robust formulations in arts.138 and 139, just as a counterpoint to the trend of decentralization (desuniformizadora) the EE of autonomy entails. Its formulation as a constraint on autonomy is done in two ways:

With reference to the Constitution, whose differences should not involve in any case, economic and social privileges
Aimed at correcting the inequities that can lead the new division territorial (“all the Spanish have the same d º s and obligations in any part of the national territory.”)

In terms of practical applications, not easy to reconcile equality with the principle of variety which also seeks regional state. The TC has established the vague criterion of reasonableness, noting that would be contrary to the principle of equal regional those rules or decisions that involve a “difference is not justified” or have no “reasonable justification”, which refers to a detailed analysis of each situation and particular case.

As an embodiment of the principle of equality can understand the freedom of movement of persons and goods. The application of this got settled ppio internal customs and other obstacles. Its general formulation as a constraint on autonomy is made in the art. CE 139.2, prohibiting action that directly or indirectly hinder this ppio. Art. CE 157.2, meanwhile, makes a specific application relating to the tax authority of the CCAA.

In the catalog of the limitations to autonomy may include limitations on the ability of the CCAA dealing, the art.145CE, starting to ban their federation.

Finally, it should be included within the limitations that may put on the legislative function of all the CCAA, the laws of harmonization under the art.150.3CE for reasons of general interest, taken by an absolute majority of both Houses. In this case, the U.S. may make laws establishing the Ppios necessary to harmonize the regulatory provisions of the CCAA, even in the case of matters attributed to the exclusive jurisdiction thereof.

Level of Territorial Organization

Before the French Revolution, the U.S. does not come with absolute power and its officials throughout the country and where it has established a rule does not meet Mgmt uniforms. Des this situation has happened in less than two centuries, as well as to cover the municipalities throughout the country, the possibility of an effect on the same territory or acting up to six Admon Terrtoriales that are superimposed on a larger area under and most important territorial powers, forming a kind of pyramid, whose base are the municipalities and the apex of the EA Mgmt.

When we talk about what types of local entities, should be distinguished as the art.3LBRL between:

Entities common or mandatory scheme which necessarily have to exist throughout the national territory and they are the municipality, the province and the island.
Local authorities which are optional Mgmt territorial levels that can establish the CCAA. The latter may be lower than the municipal territory, or higher, grouping several municipalities in this case: inner cities and municipal associations.

The regulation of local authorities dates back to the EC of Cadiz in 1812. It is a rule changing with the different political regimes that have happened in the past two centuries. The CE78, as well as announcing local autonomy, distribute powers between the U.S. and the CCAA, giving the state dictated by the basic rules of local government bases (art.149.1.18CE) and CCAA development. The rules that the state has been approved by Law 7 / 1985 Regulating the Local System Rules. To this law have preceded other significance such as the Law 39/1988 on local government finances.

The Town: Constitutional and Territorial Deployment

The reduction of the municipalities in Europe

At present the number of Spanish municipalities around 8100 is manifestly exorbitant. Of the total, 3577 municipalities, 44% have fewer than 500 inhabitants, 2992 between 500 and 2000 (28.5%), 58 municipalities, 100001-500000 inhabitants (0.6%) and, finally, six municipalities more than 500,000 inhabitants (0.1%).

If for two centuries had at least address the role of a public Admón the minimum requirements of rural populations, currently the massive population exodus to the cities and facilities of communication and transport means that in terms of cost / benefit justification does not have the survival of many municipalities. But the trend is on the same terms.

All industrial countries, although not with the drama of the French municipal issues, have been afflicted by the problems of excessive number of local bodies. This has led to propose a drastic and radical restructuring after the failure of other more moderate spatial policies (ejs: Federal Republic of Germany through M, Denmark, Sweden, Greece, Britain, Belgium …).

A note that the drastic reduction in local bodies would not be an unconstitutional measure, because the EC does not preclude the phenomena of creation, abolition, segregation, aggregation, incorporation or alteration of any form of the municipalities and townships. Consequently, the possible merging LBRL municipalities and the alteration, in general terms, without the will of the Corporation or their respective inhabitants, which recognizes an ordinary hearing within the relevant procedure. Nor is opposed to forced mergers to the European Charter of Local Autonomy, which requires only one query, but not binding, and by referendum, of the populations of the municipalities affected by the removal or alteration of its boundaries.

One palliative to this serious situation is the creation of commonwealths to make feasible or cost-effective common service provision.

The strength reduction is only a political explanation. The elimination would entail a significant loss of elected officials and the consequent loss of remuneration for council members and local political groups which is a source of nourishment for political parties.

In short, for the survival of municipal minifundismo no military or admva rationality and common sense nor the example set in other European countries, but basically, the selfishness of political parties in some way united by the “municipal unionism”.

The Municipality: Concept and Nature

The art.137CE considers the municipality, together with the province and the CCAA, as one of the entities in which the State is organized territorially, and the art.140 guarantee its independence and full legal personality, but, unlike what happens with the Province, the EC does not define the municipality.

It is the LBRL (1985) that defines the municipalities in the art.1.1 as basic entities of the territorial organization of the EA and immediate channels for citizen participation in public affairs, that institutionalize and manage autonomously the corresponding ii own communities “attributing legal personality and capacity to fulfill its purposes (art. 11).

This concept “natural” City, taken by many different political regimes, has consequences. If the municipalities are natural any reform of its structure in global terms becomes an attack on the predetermined order by the very nature of what follows an almost sacred attitude of respect for the existing municipalities and municipal territorial division that serves Support from the start to stop any attempt at global restructuring of Local Mgmt. It is therefore an unchanging concept.

Is still the most reactionary current presentation of the municipality as power and government at the same level of EE and the CCAA.

The Municipal Term and Alterations

Following the concept, LBRL states that are elements of the municipality, the land, people and organization (art.11.2).

The municipality is defined as “the territory in which the City exercises its powers.” Furthermore, “each municipality belongs to a single Province” (art. 12). Segidamente, the law takes the issue of creation, elimination of municipalities and alteration of municipal boundaries. The law does not contemplate assumption profound restructuring of the territorial extension of the municipalities but specific changes through the technical limited alteration of municipal loa.

As a general condition for the alteration of the municipalities, the Act requires compliance with provincial boundaries. The alterations may take place by:

Fusion of neighboring municipalities in order to form a new one.
Segregation of the territory of one or more municipalities to form another independent or to add another boundary.
Incorporation of one or more other neighboring municipalities, resulting in the disappearance of the former.

The LBRL art.148CE and forwarded to the regional legislation regulating the procedure for alteration of municipal boundaries by imposing a substantial condition and three other formal requirements. It must demonstrate that sufficient resources for enforcement of municipal powers. It also requires the hearing of the municipalities concerned, the opinion of the State Council or the equivalent regional advisory body, and, finally, made known to the State Mgmt.

A lack of regional legislation, the residual state scheme prescribes a dual procedure:

If the initiative is one of the municipalities affected, will require a quorum (two thirds of the number of fact and, in any case, the absolute majority of No legal council), to which followed a public reporting of reports of Ministry of Public Admon and the Council of EE, deciding the Government.
In the unlikely event that the initiative from the U.S. to be heard Admón of the municipalities affected, issue a report the Government Sub-Province and the U.S. Council, decides the Government of the Nation.

4.5 POPULATION OF THE MUNICIPALITY

It is one of the structural elements of the City, which formally defines the LBRL as constituted by all persons registered in the Register (Article 15).

The municipal population regulation of the obligation of all Spanish or foreigner living in Spanish territory of register in the municipality where ordinarily resident and, if you live in several, in that which is living longer, an obligation, without But that has no visible punishment to deprive those who do not register as resident of the exercise of the rights to vote and to stand ..

The decisive factor for acquiring the status of residence is only the willingness to enroll in a particular municipality and the data resulting from formal registration. In this regard, the Act determines that every citizen can get high in the Register of the Municipality as a neighbor, with no further requirement to provide the certificate of removal from the Register of the municipality where he had been registered before. Resident status is acquired “at the time of registration in the Register” (art.15).

The Register office can also access the foreigners even if they constitute evidence of legal residence in Spain nor will it give new rights to those already existing.

Students enrolled in the municipal register of the municipality are neighbors. The pattern is defined as an administrative record and entries in the same constitute proof of residence in the Municipality and habitual residence in the same, a test in any trial that is discussed habitual residence can not be anything but a rebuttable presumption, which supports evidence and otherwise.

The training, updating, revision and custody of the municipal census for the Town Hall. The close link of the Register with the electoral system, justifies the obligation of municipalities to carry out the operations necessary to keep their standards so that the information they contain reflects reality.

Being a neighbor gives LBRL rights that lists specifying just a few of them:

Vote and stand
Participate in municipal management
Using municipal utilities
Access to communal land use
To be informed of municipal records
Order the popular consultation
Demand for the establishment of public service if he is compulsorily
Exercise popular initiative
Any other rights and duties established by law.

The neighbors who have the right to vote in local elections may have a popular initiative to submit proposals for agreements or actions or draft regulations on local competition. This initiative must be signed by at least a percentage of residents 20% for the municipalities of fewer than 5,000 inhabitants, falling to 10% from 20 001 residents. Shall be subject to debate and vote in Parliament, the report will require review by the Secretary of the City Council and the Auditor’s report when the initiative affect rights and obligations of economic content.

Another channel of participation are the neighborhood associations for the defense of general and sectoral interests of the neighbors. Receive assistance in the implementation of its activities, to promote their participation in the management of the Corporation. For this purpose, may be declared of public utility.

Finally, the number of residents of a municipality depends on the regulation of a range of issues such as the existence of certain organs or the number of members of the local governments.

4.6 MUNICIPAL GOVERNMENT AND ADMINISTRATION

LBRL EC and state that the Government and the municipal Admón, except in those municipalities that are legally operating in open council system, corresponds to the Council comprising the Mayor, elected by the Councillors, and those elected through universal suffrage, equal, free , direct and secret ballot by the residents. As organs of lesser significance, and in order to provide support to the Mayor, or liaison between it and the Full Council, our legislation institutionalized the Deputy Mayors, the Local Government and other bodies of collaboration and control that will be represented all political groups.

Moreover, Law 57/2003 of 16 December, has come to establish a different set of municipal government to the municipalities with large populations. A practical system similar to that of Central Government in the House serves as the Congress of Deputies and the Mayor and Board of Local Government, the proper functions of government.

If we consider that these reforms have not affected the open council system applies to municipalities with small populations, we have three systems of local government: the common, that of the municipalities with large populations and small towns. Apart from special schemes are Madrid and Barcelona.

The organic plant of the Municipalities of common

The municipalities in common have the following organs:

The Mayor, Deputy Mayors and the House and the Special Accounts Committee, which exist in all municipalities
The Local Government Board, which is in the municipalities with a population over 5,000 inhabitants, and in some cases in less. It is integrated by the Mayor Aldermen and a number of not more than one third of the total number of those appointed and dismissed by the mayor, informing the House.
The Advisory Committees are bodies to study, report or query issues that must be submitted to the decision of the House. Bodies are also monitoring the management of the Mayor, Councillors and Local Government. Be established in municipalities of more than 5,000 inhabitants, and in less that its rules so provide organic or resolved by the House. All political groups members of the Corporation shall be entitled to participate in these bodies, through the presence of Councillors belonging to them in proportion to the number of councilors who are in Parliament.
The Special Accounts Committee, which must exist in all councils. It is composed of members of political groups to compile a report on the annual accounts of the corporation prior to the elevation to the municipal plenary for approval. You shall submit that report to government information for the purposes of claims, objections or observations.
Special Commission of Suggestions and ComplaintsOnly exist when the House so decided by an absolute majority of its members (the legal number), or its rules so provide organic.

Finally, both the CCAA and the municipalities themselves, in their organic regulations, may make an additional municipal organization (Art.20).

The organization of the towns of large population

They are more than 250,000 inhabitants, the capital of the Province over 175,000 inhabitants, the regional capital or headquarters of the autonomous institutions and, finally, finally, the municipalities whose population exceeds 75,000, showing special circumstances and thus decided by the legislative assemblies for the respective City Councils initiative.

These counties:

Plenary: formed by the Mayor and Councillors. It will have a Secretary General and committees have formed by the members designated by the political groups in proportion to number of Councillors who are in Parliament.
Mayor and Deputy Mayors, which replaced, in the order of appointment, in cases of vacancy, absence or illness
The Local Government Board under the chairmanship of Mayor, as a body working on the role of political leadership which it has to and exercises the executive and administrative functions. The mayor may appoint as members of the Board to persons who do not possess the status of council members, provided their number does not exceed one third of all members.
The Social Council of the City, composed of representatives of economic organizations, social, professional and representative neighbors who would then determine the functions of the House by organic standards, issuing reports, studies and proposals on various topics.
Suggestions and Complaints Commission: You can monitor the activity of municipal Admón, reporting to Parliament, through an annual report of the complaints and shortcomings in the functioning of municipal services. Composed of representatives of all groups to integrate the House in proportion to number of members who are in it.
In these districts and municipalities must create their own territorial divisions, equipped with decentralized management bodies to promote and develop public participation in municipal governance and improvement, without prejudice to the unity of governance and management of the municipality. The District Chair shall in all cases to a Councillor.
Legal counsel for legal assistance. Understand the legal advice and representation bodies and legal defense of City Hall. The incumbent will be appointed and dismissed by the Local Government Board, between those who comply.
The College for the resolution of economic and administrative claims. The decision rendered ends the administrative route, and may only fit the action was brought c-admvo. This body will form an odd number of members, with at least three appointed by Parliament from among persons of recognized expertise.

Finally, Law 57/2003 considers many other bodies, for example, the municipal auditor general.

Small municipalities. The open council system

These are the municipalities with fewer than 100 inhabitants. These municipalities are governed by the open council system as envisaged in the 140CE. It attributed the Mayor and a Neighborhood Assembly which includes all electors, government and municipal administration, adjusting its performance to the uses, customs and traditions and in their absence, as provided generally in state and regional laws on local government.

The open council system also applies:

For those municipalities that have traditionally this unique system of government and administration
Municipalities in which their geographical location, better management of municipal interests or other circumstances make this advisable, and mediate favorable decision by a majority of two thirds of the members of City Council, after majority of the neighbors request and approval by the CAAC.

The laws of the CCAA may, in turn, establish special procedures, other than the above, for small towns or rural character and those having other features that make this advisable.

4.7 The Full Council

The heart is the supreme body in both the common and in the municipalities with large populations. It is the organ that embodies the City will democratically established by the popular election of all members, the Mayor and Councillors.

Number and election of council members

The 1985 LBRL refers to the LO 5 / 1985 General Electoral System the procedure for the election of Councillors, the cases of ineligibility and incapacity and the duration of its mandate. The number of council members varies depending on the resident population, ranging from five Councillors for the municipalities of up to 250 residents, up to 25 for the municipalities between 50,001 and 100,000; for higher population, more is added Councilman per 100,000 residents or part thereof.

The choice is consistent with the system of proportional representation with closed lists and complete at all similar to that governing the election of members of the Congress of Deputies.

The Electoral Law has established a modest exception to the voting system complete and closed lists for the election of councilors of the municipalities with population between 100 and 250 inhabitants, every party, coalition, federation or group may submit a list with a maximum 5 names, each voter may cast their vote to a maximum of four among the candidates as proclaimed in the district, shall be the counting of votes obtained by each candidate at the district, declared elected candidates with the highest number of votes obtained to complete the No 5 Councillors.

Competencies

The LBRL delimits the powers of the Plenary at its art. 22, in order to enhance the figure of the Mayor and reduce the House to an ‘organ of political direction and control. With the same purpose, the Law 11/1999 on Amendment of the bases of local government imposes a division of powers denied to the House of those who are eminently forfeited to the Mayor, for the sake of greater effectiveness. In return reinforcing the control functions of the House by a higher frequency of its regular sessions, and establishing the mandatory nature of the “informative commissions, bodies of study, report and monitor the management of the Mayor and delegates bodies the councils of the municipalities with more than 5,000 inhabitants and county councils.

In short, the House in the municipalities of the common system, have skills:

Regulations (approves the Organic Regulation of City Hall, municipal ordinances and town planning in its initial phase)
Audit or control over the other municipal bodies in general, and especially through approval of budgets and accounts, the motion to censure the Mayor and the confidence posed by it.
Organizational Municipality on the involvement of supra-organizations, on how service management, and approval of the staffing.
Financial (eg determination of municipal taxes).
Quasi-jurisdictional conflicts and the approach of competition authorities and other decision on the institution of proceedings before courts in meeting competition, ie not assigned to the Mayor.

As the House of municipalities with large populations, innovations introduced by Law 53/2003 are:

The mayor may delegate the chairmanship of the House at any Councillor
Deletion of the executive or administrative functions of the plenary, which concentrated in the bodies of such a natural environment.
Ability to delegate tasks to rescission in the Commissions

4.8 EXECUTIVE CITY: MAYOR

In the origins of our constitutionalism, the Mayor, democratically elected, was a bundle of powers than today, a real executive and judicial.

Nature, election and removal of the Mayor

The Mayor denies LBRL as representative of the State in the municipality, which, in turn, lets also be a geographical area of the state.

For the election of the Mayor, art.140CE offers the alternative that is elected by the Councillors or by the residents directly. The current LOREG chose the first solution, so that the Mayor is elected by the Councillors, by an absolute majority, but narrowly to those Councillors who had headed one of the lists. Failure to obtain an absolute majority no candidate shall be declared Councilman Mayor to lead the most voted, and in case of a tie, by lot. In any case, may be eligible, the right to stand, the Spanish community and foreign residents, older age, having the quality of voter, you are under the LOREG.

The term of office is four years from the date of your choice. In the end, the LOREG introduce the censure motion as a technique for removal of the Mayor. You must be signed by at least one third of the Aldermen and has a constructive nature, must bear the name of a candidate who meets certain requirements. The motion, to be adopted, required to be approved by an absolute majority of the membership of the Corporation and, if successful, implies the proclamation as Mayor of the nominee. No council can subscribe for its mandate more than a censure motion.

La LBRL has also joined the local level of confidence related to the adoption or amendment of certain subjects (eg, annual budgets or organic regulations). Is a prerequisite for submitting the question of confidence that the agreement in question has been debated in Parliament and that he had not obtained the required majority for approval. The Mayor will cease “automatically” when referred to the House a matter of trust, did not obtain the required number of affirmative votes for approval of the agreement, remaining in office until the inauguration of a person who has to succeed in office.

Functions and powers

Its powers were significantly enhanced by the Law 211/1999, both explicit vesting of powers as the allocation of waste that are not attributed to other organs of the Corporation:

The Mayor is the Chairman of the Corporation, and in this concept calls and chairs meetings of municipal bodies, and decide the tie with a casting vote, and also represents the City Council against third parties and the Courts
It is the Chief Executive or municipal government runs the Government and Local Government publication orders and enforce the agreements of the House, appointing the Deputy Mayor, inspects and encourages municipal services and works, and exerts a regulatory power to through the sides, decrees and instructions (in any case subordinate to the ordinances approving the Plenary).
In economic terms, it is for the ordinary and has cost within budget, among other powers.
In terms of personnel (notably notables): holds the leadership of the staff, contract labor and the Municipal Police, approved the offer of public employment, and provides the basis of tests for personnel selection, remember the separation of service officials and the dismissal of the workforce, etc.
In the hands of the Mayor is practically all competition urban management: approval of development planning instruments generally not expressly attributed to the plenary as well as licensing.
It also reflects the exercise of judicial and administrative actions, and defense of the City Council on matters within its competence, and in case of emergency, in matters within the jurisdiction of Parliament.
Mayor is the sanctioning body of the City Council for the faults of disobedience to its authority or violation of municipal ordinances.
Is also attributed to a residual powers clause, under which it is for the Mayor to pursue all those other attributes that the U.S. legislation or the CCAA assigned to the municipality and are not reserved to the plenary or other organs.

The Mayor may delegate his duties to the Deputy Mayor and the Board of Governors. But in the delegation are excluded several delegated powers (eg to decide ties with the casting vote).

The Deputy Mayors have the mission to replace the Mayor in cases of vacancy, absence or illness. They are freely appointed and removed by the Mayor from among the members of the Board of Aldermen Government.

In municipalities with large populations, the Mayor formally holds less power than managers or executives outlined above for the Mayor of the common system, because the law attaches to the Local Government “strong.” But if you consider that the Mayor appoints and dismisses the members discretion of the Board has essentially all its power.

4.9 LOCAL GOVERNMENT BOARD

The Local Government shares in the service of the mayor, the local executive, and has different composition and functions in the municipalities of common system and the large population:

Municipalities in common: it comprises the Mayor and a number of Councillors does not exceed one third of the total number of them, freely appointed and dismissed by him, realizing the plenary. It is for this body to assist the Mayor in the exercise of its powers, but unlike the towns of large populations, no power themselves, it is then exercised by the Mayor, subject to special delegations for specific tasks can be performed at for any Councillors.
In municipalities with large populations, the great novelty introduced by Law 53/2003 is that this higher body is nourished not only of Councillors, whose number may not exceed one third of the legal number of members of the House, but also the Mayor may appoint unelected people who do not possess the status of Aldermen, provided that the number does not exceed one third of the members of the Board. All Board members may attend the plenary sessions and participate in discussions and respond politically to the House for its management in solidarity, without prejudice to the direct responsibility of each of its members. Furthermore this body has it own powers (eg approval of the draft ordinances and regulations). The Local Government Board may delegate some of these skills in the Deputy Mayor, other members of the Board, and various other bodies.

INFRA 4.10 and supra

With nature of local entities, real territorial governments, the LBRL cover other cases, in some cases with less territory and population of the Municipality, and in other cases, higher. These entities are dispositive, as may be formed or not according to the requirements for its establishment by law of the CCAA.

Local authorities under

They are lower-level local bodies to the municipality which are on separate towns, such as parishes, councils, … or those established by law. Have separate legal personality of the municipality in which are embedded.

The regulation of local children up to the regional legislation, which must respect the following rules as a basic law:

The constitution requires:
- Written request of the majority of the neighbors living in the territory of the Entity base, or alternatively the Council chooses.
- Neighborhood Public information
- City Council Report
- Final resolution by the Governing Council of the CAAC, setting the standard as only limit the impossibility of becoming the core territorial local authority residing in the City.
The entity will have one member directly elected executive and a college of control.
Agreements on disposal of property, credit operations and condemnation must be ratified by the City.

The revised Local Government (1986) will recognize a number of powers (ejs: construction, maintenance and repair of sources, sinks and troughs).

As governing bodies, the same rule set as a single judge and executive Mayor headman, which grants a number of attributes (eg, convene and preside over the Board or Assembly.) The Assembly has competence correspond to other tasks (eg, approval of budgets, agreements on disposal of property, credit operations and condemnation which will be ratified by the municipality concerned.)

The Associations of Municipalities and Consortia

Are covered by art.44LBRL. They are a response to insufficient or territorial population of small towns by way of association, which gives rise to a new local authority, the Commonwealth, which serves two common implementation of works and services within the jurisdiction of certain municipalities the form.

It aims to address the problem of lack of resources of the municipalities to deal works or services, transcending the current situation of municipal minifundismo (ejs: waste treatment, water supply and treatment, etc.).

The Associations Act recognizes legal personality and capacity for fulfilling their specific purposes. The creation requires the affirmative vote of an absolute majority of the Plenary of the local governments concerned, subject to public information within a month. The statutes must contain a number of extremes (eg include municipalities, goals, financial resources, time validity, etc).

The Associations for the provision of services or execution of the works of their competence, shall enjoy the powers of local territorial forth in their statutes. In the absence of statutory provision, they shall have all powers that are necessary for the fulfillment of its objectives and in accordance with the law applicable to such powers. As a jurisdictional limit set out the impossibility to assume all responsibilities assigned to the respective municipalities. The adoption of the Constitution shall follow the procedure determined by the laws of the CCAA. The same procedure is followed for the amendment or repeal of the Associations.

The governing bodies will be representative of the joint councils in the manner set forth in their respective statutes. In the absence of express provision establishing a system in a supplementary (Boards of Commonwealth, Secretary, Auditor, Treasurer …).

Unlike the Commonwealth, the figure represents the local Consortium, together with the presence of the grouping of public bodies, the integration of private non-profit. The LBRL defines it as “organization that can provide local authorities with other AP ii end of common or private non-profit public interest objectives pursued concurrent with the AP.”

The pool has its own legal personality, governed by the Statute, that the peculiarities of the system detrminará organic, functional and financial, and should, once formed, to create a specific organization to carry out its purposes.

The concept of the consortium as a group strictly for public organizations above, but without the presence of individuals, has risen to national legislation, with the aim of serving the implementation of cooperation agreements in the sphere of their powers concluded between the U.S. and CCAA.

The region

Formed by a group of Municipalities, whose characteristics, geographical or human, determine the existence of common interests that require their own management or the provision of services in that area. No doubt alarmed by the possibility that one believes in all the Spanish territory a new local entity, such as the Shire, the LBRL CCAA available to all, except for Catalonia, a very effective limiting condition for its establishment as the impossibility of create the Shire “if it is expressly opposed the 2 / 5 of the municipalities that should fall into it, provided that in case such municipalities representing at least half of the electorate of the territory concerned (art.42 and the DispAdic4 ª LBRL).

The LBRL refers the creation of the Autonomous Regions in accordance with the provisions of their Statutes, establishing a requirement that their creation can never lead to the loss by the municipalities of its own powers, a meaningless requirement because if one has the creation of territories is precisely to absorb municipal powers to exercise on a larger population and wider area. Nothing prevents, however, that municipalities may delegate powers to the Shire.

The geographical area of the region will be determined by the laws of the CCAA, which shall also fix the composition and functioning of its governing bodies, resources and skills, to be accompanied by the marking of the relevant administrative authority. In terms of procedure, the initiative for their creation may utilize the municipalities concerned, but may be created if it expressly preclude 2 / 5 parts of the municipalities that should be grouped, provided they represent at least half of the electorate.

Metropolitan areas

As determined by LBRL are local entities comprising the towns of large urban centers of population whose economic and social links exist that may require joint planning and coordination of certain services and works (art.43.2 LBRL).

The reality is that metropolitan areas in our country belong rather to the history of law. Neither the EC established before 1978 was satisfactory for the new governments of the autonomous communities, so they were suppressed by these laws.

Now, its possible creation should be made by the CCAA law, after hearing the PA of the State, and Provincial Councils concerned. This law, and to determine its organization and functioning economic system, ensure participation of all municipalities belonging to the area in decision making and fair distribution of burdens among them, and the works and services delivery and Metropolitan conduct and procedure for execution.

5.1 PROVINCE: CONCEPT AND ELEMENTS

The Province has been tied to processes of modernization and political change and driven by revolutionary liberalism. Must await the end of absolute monarchy to attend the final division of territory in 50 provinces.

Although the province is born as a territorial division of the U.S. for the establishment of this service that were settled in their seats provincial capital, local Ente nature was gradually asserting itself on the basis of provincial ii define the various municipal and state.

The 1979 art.141CE Province as defined by local entity with legal personality determined by the group of municipalities as well as a territorial division to carry out the activities of the State. But EC does not only recognize the provinces as both local and state dimension, but that equates to the municipalities and regions. However, the protection of the province has come to nothing in the CCAA uniprovincial, which has accepted his disappearance as a local authority for inclusion in the respective autonomous communities.

One can distinguish the following models provincial organization:

Disappearance of the Province for integration into non-island uniprovincial CCAA (the Madrid, Rioja, Cantabria, Murcia, Navarra, Asturias) that assume the powers, means and resources of the County Councils, which are incorporated in them.
Strong provincial organization: the Provincial addition to the powers conferred by the law as their own local ones transferred or delegated by the CCAA (including transferred by the U.S. to the CCAA), and also take over the business of their own service of the CAAC. This model will answer the Basque Autonomous organization if they triumph traditional theses inspired by the Carlist jurisdiction.
Weak provincial organization: the status and trends of the Catalan provinces, sentenced to minimum competence as a result of a double fence:
- Maximum potentiation of the centrality of the Generalitat.
- Creating another intermediate territorial level, the District

In terms of territory and population of the province, its territorial and demographic factors are given by the sum of territory and population of the municipalities that understand. However, any change of provincial boundaries must be approved by the CG by LO.

5.2 CRISIS OF THE SPANISH STATE AND EMPOWERMENT IN COMPARATIVE ADMINISTRATION

The creation of the CCAA after 1978 CE led to the conversion of some provinces in CCAA (uniprovincial), and in those that are formed in several provinces, a shift of its importance for the new local authorities.

Beset Province from above by the dominating force of the CCAA and from below by the nationalists of municipalities sought their future local government entity with ii and competences is threatened in recent decades.

The Draft Local Government Act 2005 redefines the Province and suppresses their powers relating to the provision of public services supramunicipal character and, where appropriate, supracomarcal, promotion and administration of the ii peculiar to the province and other contained in the LBRL. Basically what you do is sentenced to death in the province as a local entity with ii and competence.

The deactivation of the province and local authority contradicts the doctrine of TC (STC 28/julio/1981) repeatedly referred to the provincial ii. Also going against the Spanish doctrine, which has spent decades calling for their empowerment as a central axis and Local Government as its number of inhabitants and territorial space are most suitable for establishing efficient public services.

Of iconoclasm antiprovincialista have escaped the CCAA uniprovincial that have strengthened the powers of his conversion provincial framework, the island councils on the islands treated as provinces, and CAV, which provinces are the backbone of its political system and local levels.

The Provincial Councils held a very different relationship with the municipalities and other local authorities in their territory, they support in their management, in return for exerting a powerful control power

5.5 The ISLA and archipelagos

LBRL the island’s local government considers the same level as the province. However, this does not meet institutional status to all islands and islets of the Spanish coast. The specialties of the system are projected on the island of the archipelagos of the Canary Islands and the Balearics.

The uniqueness administrative Canary Islands recent trends the Act July 11, 1912 that set up in each of the seven islands of the archipelago, an organ of self-administration, the Island Council, which was followed by the Provincial Statute 1925, which, instead of single Province, held a Commonwealth Interinsular which brought together the Councils of the seven islands, who represented that they exercise the function delegated to it. In 1927, RD was split by the archipelago into two provinces, Gran Canaria, with its capital in Las Palmas and Tenerife, with its capital in Santa Cruz, in front of them, replacing the Provincial Councils, Provincial Associations settled Island trails.With the approval of the EC in 1978 and the creation of the Autonomous Community of Canary Islands, the LBRL chose to retain both provinces to maintain their governing bodies for the sole purpose of being “representative bodies and provincial ii expression” without skills materials. On the other hand, there was an alignment of the islands with the provinces, since the LBRL determined that “the island councils would assume the powers of provincial councils.”

Singularity notable of the councils canaries, unlike the county councils, is that his advisers, No proportional to the inhabitants of the island is elected by universal, direct and secret vote of each island and was proclaimed president candidate the head of the most voted on the island. .

The territorial organization of the Balearic Islands has been and is simpler. All the islands, without having their own local bodies such as Councils, the EC formed until 1978, a single province, whose capital lay in Palma de Mallorca. The only province, as in the rest of CAA uniprovincial, was absorbed by the CCAA Balear, replacing the County by autonomous institutions (parliament, president and government). But in each island of the archipelago have been created Balearic Island Councils, which are not only organs of government, administration and representation of each island, but at the same time, forming the frame of the autonomic Mgmt.

BASQUE 5.6 HISTORICAL TERRITORIES

The peculiarities of the Basque Country provincial answer to historical reasons, the essence of empowerment lies in the maximum of the Province and its organization.

Now if the peculiarity of the Basque organization was his clear intention in July in that there was over it than any form of organization, it is logical to appear an inevitable antagonism between the centralist and unitary trend involving the CCAA Basque as Supraprovincial and spirit level which leads to a statutory maximum of independence of the provinces in relation to it.

The Statute of Guernica in 1979 encouraged provincial trends in the Basque provinces (Vizcaya, Guipuzcoa and Alava), Provinces, which conceives, not as dependent and subordinate to the CCAA, but as part of its institutional organization, and which recognizes the right to “maintain or, where appropriate, restore and update your organization and institutions of self deprivation.” For this purpose, allocated to the provinces major powers, with plans to expand by transferring the powers of the CCAA itself.

The unique organizational system of Provincial Councils is governed by the laws of the Basque Parliament and rules adopted by the shareholders themselves as superior bodies of the respective territories. It basically consists of the following: general meetings act as a provincial parliament and its members are elected by direct suffrage. The Juntas Generales exercise regulatory authority, approve budgets and plans and supervise the activities of the executive: the Provincial Council. This is chaired and run by the Deputy General, elected by the General Assembly of its members, who, in turn, freely appoints and dismisses the Provincial Councils, who head the various departments of the Provincial Council.

7.2 STATE GOVERNMENT AGENCIES

Following the provisions of LOFAGE, are those created under the jurisdiction or linking AGE, for the conduct of either implementation or management activities, both administrative, promotion or benefits, and economic content, whose characteristics justify their organization and development of functional decentralization scheme, and gives them “a legal personality distinct public, own property and cash as well as management autonomy” (art.42).

State public bodies are classified as:

Autonomous agencies: mainly perform administrative functions and is fully subject to administrative law
Public business entities: Perform functions to provide services or produce goods subject to financial consideration

These two types of entities, there are the “State commercial companies, which are governed by private OJ, except in certain specific areas, and” public foundations “, regulated by the Law on Foundations, 2002.

The regulation of state public bodies of a general scheme (LOFAGE), applicable to both varieties of the same originally planned, Autonomic Agencies and SOEs, as now applies to a third kind of public entity: the State Agencies.

The agency, known as envisaged in the Agency Law 1997, will in the future the kind of public body, in general, is created by the AGE response to their needs for functional decentralization, although exceptionally survive in other types of agencies. The law authorizes the government to, within two years, proceed to transform existing public bodies in agencies where possible and prescribed public bodies to be created in the AGE will take the configuration of state agencies.

General system of public bodies

Common to all government agencies is the creation system, which is made by law, must observe a number of formal requirements in terms of its ends (eg financial resources, personnel system, etc.)..

The statutes, institutional rules of organization and operation, approved by Royal Decree on the initiative of Minister for the secondment and joint proposal of the Ministers of Public Admon and Finance. The statutes must contain the bodies of the organization, functions and powers, administrative powers, property, etc.

Basic issue is the dependence ministerial: the autonomous bodies depend on a ministry, or an organ of the State, which accounts for the strategic direction, evaluation and control of the results of their activity. The EPE may depend, in addition to a Ministry, an autonomous body.

Because of their distinct legal personality, the state public bodies hold and passive locus standi. However, such standing is not enough to justify a public agency procedural confrontation with the Administration of the Ente matrix from which it depends.

Where independence and character of state public bodies is revealed more fictional and unreal is in the appointment and removal of bodies. The LOFAGE not rule out that they can converge on the same people the owners of the Entity Matrix and controller, and the Agency’s public protected.

The legal status of acts has increased the shout of independence from the Ministry of secondment, to predict that the top acts of the governing bodies of collegiate single person or public bodies AGE attached to the end the administrative route, except that a law otherwise specified.

The modification of public bodies shall occur by Law estatles when involving the alteration of its general purpose, type or certain peculiarities of the system, and any other rules requiring the rank of Law In other cases, modifications and recasting made in RD, but involve amendment of the Act establishing, following, yes the procedure in the LOFAGE.

The extinction can be given:

For determination of a law
RD agreed by the Council of Ministers
Existence during the time stated in the law of creation.
Compliance with all of its goals and objectives, or where these services are assumed by the AGE or the CCAA, so that does not justify the continued existence of the public body.

A final feature is its relative autonomy heritage. In addition to its own assets and property and right may be assigned to his administration, the assets of the AGE.

The public land described retain their original legal status.

Autonomous Agencies

Following the LOFAGE, are “those who are governed by administrative law and those who are entrusted, under functional decentralization and implementation of specific programs of the activity of a Ministry, conducting promotional activities, a supply of services or management utilities (art.45.1LOFAGE).

His essential and distinctive feature compared to the SOEs is their economic dependence on the state budget without admitting financial compensation for their services.

Functionally no different autonomous bodies of the regular organs of government ministers.

Features also common to the Ministerial Administration are attached are those relating to self-designation for the senior and policy (governing bodies), although the latter have to fall back on career staff level. As for the scheme, shall be the official or working on the same terms as those established for the AGE, with some exceptional characteristics.

The same is also the legal acts of the autonomous body with the Ministry to which they are assigned, all subject to LRJPAC. However, resource independence has increased, so that both the administrative appeals against their actions, as previous claims in civil and labor, are resolved by the highest organ of an autonomous body, unless the statute says otherwise.

It is also similar procurement system of autonomous bodies and ministerial bodies, governed by the general rules of engagement of public and private administrations.

The same applies to the budget and financial system of autonomous bodies: is established by the General Appropriations Act for the common organs of central government. They are also subject to effective control exercised by the Ministry to which they are assigned.

As autonomous organizations were formed: the Institute for Youth, the BOE, the Spanish Center of Meteorology, the various Water Boards, the Tourism Institute of Spain, Jobs and Prisons, and so a total of about seventy in the field of the Admón EE.

Public business entities

Following the LOFAGE are “public bodies entrusted with the implementation of a supply of services activities, service management, or production of public goods subject to consideration and are governed by private law, except in the formation of the will of its organs, in the exercise of administrative powers and such other aspects as provided in the Act, in its Statutes or LGP (art.53).

The term “business”, the Act places the corporate public entities halfway between autonomous bodies and State companies outright, and, consequently, we apply a mixed legal system.

The difference with the autonomous bodies are, first, in which the business can generate income that their business costs substantially. In fact, only exceptionally be financed with resources from the general budget of the U.S. or the proceeds of the Public Admon. Second, this activity a “business” is governed by private law. Only the operation of its governance and decision making is governed by the Joint Administrative º D, also applies administrtivas exercise the powers necessary to carry out its purposes.

It should include, within these administrative powers, police powers (of limitation, penalty or tax on the citizen) in the case that are necessary for the fulfillment of its purposes and are provided in the statutes (art.42). However, evil can be pursued while exercising those administrative powers in subjecting the EPE staff of labor law, but does not rule out the presence of officials from the AGE.

The selection of managers of these entities, is governed by the employment contract for senior management, to be conducted according to criteria of professional competence. No reserve for staff. The remaining staff also work, will be selected through open call based on principles of equality, merit and ability. It affects the determination and modification of the conditions of pay of staff to the joint report, prior deal, Admon the Ministries of Public and Treasury.

It is for the JC-A prosecuting acts adopted in the exercise of administrative powers by public business entities, prior admvos resources under the LRJPAC. The conflicts that are governed by private law are subject to civilian courts, after complaints to the Agency’s highest body.

The budget system, economic / financial, accounting, intervention and cons of the EPE is determined in the LGP. They are also subject to an effective control to be exercised by the Ministry of jurisdiction.

Under this arrangement were formed AENA, the Spanish Agency for Data Protection, the State Tax Administration Agency, Port Authority, RENFE-Operator, the Instituto Cervantes, the CNMV … well almost a hundred.

8.1 INDEPENDENT GOVERNMENT: INTRODUCTION. CONCEPTUAL DETAILS

Beside the common institutional Admón, consisting of a constellation of embodied organisms, but politically and legally subject to review by the Government, which appoints and dismisses freely to their managers, the system regulates other specialized organizations with claims of political and legal independence.

“Independence” is the executive branch of government, which is reached deprive or limit the power of appointment or removal of directors of the Entity in question. It is a certain organizational independence, a certain threshold of functional independence. The techniques limiting the absolute power of nombramieno result, according to some authors (Jiménez de Cisneros) at:

Requirement of pluralism in the nominating bodies
Clauses or requirements involving the de-politicization of the appointment of managers
Imposition of the principle of collegiality in decision making.
Establishment of a term of office of governing bodies or a list of reasons why you may remember the recall.

In their separate administrations managers are shielded against the government hierarchy, and thus can ignore his orders and guidelines without the risk of being dismissed.

The limitations on governmental power on the Independent Admon are sometimes simple self-restraint of the executive in favor of the holders of the organs, but in other cases the government limited benefits to the legislature, which is invested with powers of appointment, which loses executive or the judiciary, because the appointments are reserved for those who have the status of judges or magistrates or, in short, are favored other territorial Public Admon (CCAA, Municipality …) which, based on the concept of coordination, is called to participate in a vital state.

From a material perspective, however, except that the very choice of a person, no matter how conditioned you are, always suspicious of some sort of affinity with whom he is appointed, there are other ways to influence the holders of these independent bodies because we have to consider other advantages that the Government may appeal to the holders of more independent bodies such as the appointment or promotion to other positions.

In short, “independence” is perhaps an over-expression to apply to some agencies and their owners who can not go very far without the assistance of the government,

In all countries that have detected the phenomenon of independent government, they seem to have specialized in the management of activities directly related to fundamental rights or important economic functions, regulators. However, the reality of one country to another is very different. Do not fit, therefore standards finalists in the definition of independent administrators, but formal, and in this sense, independent governments are those that naturally correspond to the orbit of the functions or services of executive power, domes or bodies are removed to the direction of the Government with limited powers of appointment or dismissal of managers.

Often use the excuse of the necessity of functional independence as an excuse to flee the public law, especially procedures for selection of contractors and civil service scheme for the benefit of the hiring of senior staff to ensure greater remuneration and discretionary in appointments.

The political and constitutional question raised by these bodies when the government withdraws the power to appoint and dismiss the members of their governing bodies, is that the Government can not be held politically responsible for its operation. Therefore, this organizational technique, and regardless of who the beneficiary of the government cedes power, is hardly compatible with the art.97EC, which provides precisely the opposite rule, control of the entire administration by the Government with also accused all political responsibility for its operation. Viewed another way, these agencies are not affected by the democratic electoral process: change the government and the new owners can not change these organisms.

9.4 PROFESSIONAL

The professional associations in our law are the most typical example of corporate bodies. They are the notes most significant of these organizations: homogeneous interests among its members, overriding need to organize and exercise disciplinary authority over a profession and greater representation of the resulting organization.

On the basis and foundation of the professional associations is the idea that the exercise of certain professions, for which requires a definite aptitude or guaranteed by a state certification, must be conditional on a specific discipline authorization and that the U.S. transferred to professional bodies governing the 1974 LCP, which has been supplemented by various laws enacted by the CCAA.

Professional Colleges Act defines loss as “corporations under public law, protected by law and recognized by the state, with legal personality and capacity to fulfill its purposes.” Its aims are set out with a general formula that includes the organization of professions, the exclusive representation of them and the defense of professionals ii colleges, specifically after specific functions in one big list. Establishing the need for its creation by law at the request of stakeholders. Within each professional organization and the creation, modification and dissolution of the professional associations of the same profession will be promoted by the schools themselves, in accordance with the provisions of the Statutes, or require ratification by decree, after hearing the affected schools .

Greater autonomy granted by this Act is passed from the previous subordination of each association to a ministry, a ministry configured as a simple organ through which the schools relate to the AP. Consequently, the acts of the Colleges and the General Councils are not appealable to the AP from the State or the Autonomous Communities, being, however, after exhaustion of corporate resources, directly appealed to the JC-A.

In terms of organization, are structured in different territorial areas of extension, provincial or regional, then creating a second-tier organization: the General Councils, non-existent when the College is nationally. A General Councils includes, among other powers, the development of the General Statutes of the Profession and the Statutes of the Colleges, in actions against acts of the Colleges, settling disputes between them, etc.

As substantive rules of the professional organization, the law prohibits the numerus clausus “who holds the qualifications required and meet the conditions outlined by statute is entitled to be admitted to the appropriate professional body,” and also the principle of compulsory “will be essential to the exercise of collegial professional entry into the college in whose territory it intends to exercise the profession.” However, later it was determined the adequacy of licensing any of the schools to practice in any part of the country.

9.5 The official chambers, PARTICULARLY THOSE OF COMMERCE, INDUSTRY AND NAVIGATION

The chambers can be defined as forced groupings created by the state for self-management of general economic interests, while, sectoral groups that perform certain activities or hold certain assets.

The modern cameral organization has its origins in Napoleonic France. In Spain, the technique cameral is imported from France with a RD of 1886, which describes the chambers timidly as private associations that, when certain conditions, they are recognized in public.

Current law now defines 1993 the Chambers of Commerce, Industry and, where appropriate, Navigation as “corporations under public law with legal personality and full legal capacity to fulfill its aims, which are set up as advisory bodies and collaboration with the AP, without prejudice to pursuing private interests. “In the chambers are given the representation, promotion and defense of general ii trade, industry and navigation, and the provision of services to listed companies engaged in such activities.

Of all the activities that Chambers can perform and which are given the public nature of the Act is intended to highlight the development and implementation of “Plan for the Promotion of Exports”, a plan that is adopted annually and that affecting the 2 / 3 of the compulsory fee to be paid by the partners.

In the chambers, the relationship of partners between themselves or with third parties, and of course the trade and industrial policy is the responsibility of the PA and to specific regulations that include major powers to impose penalties.

The organization cameral part of the mandatory existence of a House by province, although in certain cases, you can create other local or county or district cores of qualified importance. The supreme body of the House is the House, which is formed by members elected by free, equal, direct and secret among all constituents, and others that provide for election of former members from among persons of recognized standing in the economic life a proposal from the most representative business organizations. The House shall elect from among its members to its Steering Committee and a President who represents the Corporation.

As second-tier organization establishing the Superior Council of Chambers, whose heart is composed of the Presidents of all Chambers and eight members elected by the Council to be established, including members of Parliament or persons of recognized standing in the economic life of country.

All acts and agreements are subject Chambers of Commerce, as administrative law and procedure, and thus be challenged before the JC-A by members of the House, as all are entitled for your interest in the enforcement of that law .

The staff of the Chambers is subject to labor law, with some specifics.

The protection of the CCAA on these Entities includes the exercise of administrative powers of approval, control, resolution of appeals, suspension and dissolution, reserving the U.S. in any case, the function of supervision over the activities of the Chambers of external trade, but not alone lead to the powers of suspension and dissolution.

10.2 STATE COUNCIL

Prototype: French State Council

The Spanish Council of State, but originally had the package and constitutional significance of his French counterpart, and it was a simple copy, the passage of time has deteriorated until it became a purely legal advisory body without judicial functions which are specific to one or the strictness of its operation, nor the brilliance and depth of its work.

Napoleon tried and succeeded in a body of experts in various sciences and techniques related to public affairs is closely linked to his person, within which could be argued, without following a formalized procedure, the great affairs of state. A body to prepare draft laws, regulations of the PA, and allow him to use their staff to perform specific missions in the AP. Also sought to understand this body under the jurisdiction of legal dispute that was part of AP, in order to prevent interference by the courts.

It seems pretty clear that Napoleon went to the organization of the State Council’s own principles of organization of the military administration to the civil administration. As a staff, strong ties to the Chief, had no power of decision, which corresponded fully to the former. From the intimacy of this form of advice realizes the fact that its sessions were held at any time of day, and that the Emperor intervened directly in them.

This model of operating system and spreads, however, the U.S. Council when performing judicial functions, through a special training within the council, the Litigation Committee, acting under a formalized procedure.

The composition of the Council included a Secretary General and Directors freely appointed and dismissed by the Emperor. The Council also attended by Ministers. The Council, as the U.S. majors, was divided into sections with a president in front of each one of them. Later officials appear (eg, auditors).

As for its operation, and since its inception, we have to distinguish the functions:

Advisory: no formalities, but open discussion of issues that may occur without advertising or content or, where appropriate, to the reports.
Court: they instruct records and the final decision, the arrêt is obviously public

Currently, training and advisory role of the Council continue to respond to the same philosophy, although it has changed substantially the judicial function

In short, the U.S. Council of French, for its many positive aspects, has dazzled the legislators of other countries, including ours, which have brought this institution to its system D No Public.

The State Council on the CE78. Nature and functions

Constituents of 1978, despite the precarious situation that passed the U.S. Council at the time, shaped the State Council as “supreme government advisory body,” referring to a LO regulating its composition and competence (LO 3 / 1980 as amended and supplemented by other legislation). The AS 1989 also configure it as an advisory body with organic separation of government, but whose members are all in the vast majority of government appointment.

However, the question arises whether the State Council is an advisory body or whether it is more of a supervisory body (mandatory and binding reports). The second grade seems more appropriate taking into account that are characteristic of that organ functional independence and prescriptive intervention, the intervention of the State Council does not seem to need imposed by the technical advisory opinions can bring. But with a quasi-audit purpose, oriented to the government and the PA continue in these areas, the opinion of the Council of State, under penalty and punishment for their actions, or not valid (if omitted the request for report) , or suffer some material disallowance (if you decide against that view.) In addition, when the report of the Council of State not only is required, but also binding, it is obvious that becomes partner of the competition, since there is no more valid decision that is consistent with its opinion.

The characterization as an organ of control, despite the nickname advisory is also clear from the guarantees that it invests, typical of judicial bodies – “shall exercise advisory role with organic and functional autonomy to ensure their objectivity and independence” – and for the purpose of their interventions – ‘be mindful of the provisions of the EC and the rest of the OJ “- also own the former.

Out of the matters on which opinion is mandatory, the Council of State acts as an advisory body on any issue they consider appropriate government or other members of this and the Directors of the ACs.

Finally, the LOPJ has become the State Council, but only partially, in constitutional decision-making body of conflicts of competence between the AP and the courts. This has created a body within the Council involving the U.S. through some Councillors, the Court of Jurisdictional Disputes.

The TC said that the Council of State is “really an organ of State constitutional importance to the service conception of the state that the EC itself states”, resulting in its composition and its advisory functions are also extended to the CCAA.

Other less relevant functions of the Council of EE are “studies, reports or reports that the Government requested and develop legislative proposals for constitutional reform that the government assigned.”

Composition

Besides the President, appointed freely by the Cabinet by RD among jurists of recognized standing and experience in affairs of state, the full Board of Directors consists Permanent Trustees Lifetime Natural Born, Natural Born Directors, Directors and Secretary General Electives.

Permanent Trustees

They are stable and professional element of the Council, economic status or more judges of the TS, and account for the presidency of the sections in which the Council is divided, and together with the President and Secretary General are the Standing Committee. They are appointed by the Government as an immovable without time limit, injubilables age.

Elective Trustees

Without fixed remuneration, number ten, are also appointed by the Government for a period of four years, among people who have held relevant positions in either of the branches of government. Of the 10, two will have held the office of President of the CCAA Executive Council for a minimum period of four years.

Directors ex officio

They hold certain public offices, with some exceptions, are gubernatorial appointment (eg, U.S. Attorney General), retain their status as determinant hold the office of his appointment.

Directors ex officio lifetime

Former Prime Ministers who decide to join the Council. In addition to forming part of the Plenary Council, may exercise the functions and tasks as required by the Professional Regulation will govern the eventual termination, resignation or suspension from the effective exercise of this office. Your personal and economic status of the Directors will be permanent, ie top-level salaries, subject to them as former Prime Ministers.

Study Commission

Next to the House and the Standing Committee (President + Directors Standing) is the Study Commission. The President is also the Council, and consists of two Directors appointed by the House Permanent proposal of its President, and Secretary General.

Corps lawyers

Finally, the State Council is assisted by a corps of lawyers. Of the Senior Counsel is appointed by the Secretary General of the Council.

Council’s operational units are the sections, the number of ten and chaired by a Permanent Advisor.

Competencies

The Council of State must issue reports on all issues submitted for its opinion, the Government or its members. Also, the House or Standing Committee may submit to the Government proposals which it considers appropriate on any matter that the practice and experience of its functions might suggest.

The most important skills are mandatory report, in which the Council acts as a body of legal control, distinguishing the LO which is to deliver the plenary session that apply to the Standing Committee.

The plenary will be consulted on matters relating to proposed draft amendment to the Constitution, draft laws or regulations in execution, compliance and development of treaties, conventions or international agreements and European Community law, the exercise of the legislative function and regulation such as on draft legislative decrees.

Plenary also to report in international relations doubts or inconsistencies that arise in the interpretation or enforcement of treaties, conventions or international agreements to which Spain is part, and about other legal issues that may arise.

Although the report seems to be configured in such matters as mandatory, the omission does not have legal consequences.

The ordinary function of the State Council is channeled through the powers of the Standing Committee. Outstanding matters that relate to the control of regulatory powers in relation to international treaties and in implementation and amendment of laws.

You should also inform the Standing Committee on certain assumptions of state relations with the CCAA, and assigned the traditional consultative powers on conflicts of authority between different ministerial departments.

A Standing Committee is credited also with the residual, all matter is said to be available to the Standing Committee and the consultation is not attributed to the plenary.

The Study Commission order, direct and supervise the conduct of studies, reports or reports commissioned by the Government and, once conclusive, will issue its opinion on adequacy and appropriateness to the task. Also develop legislative proposals for constitutional reform that the Government entrusts the Council of EE.

Operation

Sections corresponding to prepare the release of those matters in which they understand the House or the Standing Commission and the latter play the presentation of all cases in which the full Board has to understand. The Council can apply directly to the national consultant to provide further information as necessary. It also may be invited to report before the Council, in writing or orally.

Before the Council articulates a hearing process for those interested in the respective cases submitted for consultation. This hearing will be granted in any case when the query is directly concerned a CCAA, and so manifest.

The rule of secrecy on the content of the deliberations and voting terms binding on all Council members and support staff at all times and on proposals and agreements only until they are resolved.

As the opinions are not binding unless the law provides otherwise. However, establishing a limitation and a formal charge to dissent from U.S. Council report.The restriction relates to the Ministers, who lose the competition for the Council to resolve those matters which, being mandatory consultation of the Council of EE, the Ministry consultant’s opinion that disagrees. The formal charge, which affects all the provisions and resolutions reported by the Council is that, in cases of dissent, the court has requested the consultation should be stated in the resolution it adopts “the State Council heard “which is to say that has not followed his opinion, otherwise, the formula is” according to the State Council. “

However, the opinion shall be binding upon the ACs lacking its own advisory body in the cases provided for by law for the state, they have assumed the relevant powers.

Autonomy Advisory Councils

The configuration that makes the art. 107 EC of EE, as the supreme advisory body to the National Government, its action does not rule out extending the scope of autonomy, but not enforced, which made possible the emergence of territorial counterparts that offered a guarantee of legality control similar to that practiced that organism. The TC considered constitutionally lawful replacement of mandatory report of the State Council on the Advisory Councils could deliver some autonomous in relation to the exercise of the powers of their respective autonomous communities, provided that such institutions have the same features and identical or similar functions to those of State body. Therefore, most of the CCAA proceeded to acquire advisory bodies like the Council of State (Catalonia has two).

All Advisory Councils are set up as corporate bodies. In some cases its members are appointed by the Government, and in other part by the Executive and the other by Parliament by qualified majority (as in Navarra). The selection is usually done among jurists of recognized standing, demanding professional experience and in some cases the political status of a member of the CCAA in each case.

In the Advisory Councils of various ACs appear alongside other elected members or permanent ex-officio members to occupy or have occupied an important post in the CCAA

In its supervisory role of ordinary legality of the acts of both the regional administration and local authorities, these advisory bodies replace the U.S. Council delivered an opinion in the files on many subjects. Also, most of the regulations of these consultative bodies, it is expected that while the regional government may request non-binding reports on other matters, in the case of local authorities are limited to matters of particular relevance.

10.6 COURT OF AUDITORS

The Courts of Auditors will carry out an external audit of an accounting nature, financial and successive character in that it takes place on an administrative activity already done.

The State TCu

According to art. 136 EC, the TC is the supreme body charged with auditing the accounts and economic management of the U.S., as well as the public sector. Depend directly on the CG and shall function by delegation of the review and verification of the general account of the EA. In addition, without prejudice to its own jurisdiction, shall send to the CG annual report, when applicable, or any liabilities that, in his opinion, he incurred. Designated Courts, has functional independence in the exercise of its powers of audit trail throughout the public sphere. Its membership, organization and functions have been developed, as provided by the LO2/82 art.136.4CE the Court of Auditors.

It has a dual nature, which manifests itself in its dual role:

Art.136.2CE, accounting oversight body for implementing the delegation of budget CG
Original jurisdiction on the prosecution’s accounting or any liabilities identified in government accounts and public sector (very limited).

It consists of 12 directors. The President is appointed by the King, for three years on the recommendation of the full court itself. The Directors are appointed by the CG, six by each House by a majority of three fifths of them. His term is nine years and must be jurists of recognized competence in more than fifteen years of professional experience.

The competition is for the entire national territory and covers the performance of any administration, agency or public enterprise. This has not prevented the creation of similar institutions in some regions. The EC called it a review body, which must be understood in its broadest sense, including constitutional bodies and all the AP.

The most visible feature of TCU is the public watchdog says no direct responsibility for public managers, and is not subject to appeal.

The role of accounting audit is to:

Control of the submission of financial and economic activity in the public sector to the principles of legality, efficiency and economy.
By delegation of the Parliament is entrusted with examining and verifying the General State Accounts. This must be exercised within six months since that account is exhausted

The Court made public through reports and examination reports, ordinary or extraordinary, and of motions or notes that will be submitted to the GC and have been published in the BOE or the Legislature of the respective ACs for publication also in the BO. The TCU shall contain few violations, abuses or malpractice has observed, indicating the responsibility, in its view, may have been incurred and the actions to demand it. In addition, you must submit annually to Parliament a report or annual report of all his work, which include analysis of the U.S. General Account and other public sector.

Memoirs are also planned community that will be submitted annually to the Legislative Assemblies of the Autonomous Communities for the financial and budgetary control of their business. Both the state and the community report shall refer the jurisdictional proceedings of the Court during the relevant financial year.

The original jurisdiction of an accounting nature, is carried on the accounts must pay anyone who has any involvement in the management of goods flows or public. The Court of Auditors can not hear criminal acts or whose knowledge of issues relevant to the JC-A. The responsibility that may be required in parallel, is only accounting. Responsibility accounting is the subject of the flows or public purposes that might cause those who handle them by act or omission contrary to law. This function is of a judicial nature, the equivalent bodies of the CCAA can not assume responsibilities for being an exclusive area of the state.

The autonomic TCu

The justification of these autonomous bodies is supported by the “constitutional block” in the LOTCu LOFCA and (I 2 / 1982), which recognize the existence of autonomous control entities.

On the other hand, the TC has established in its doctrine:

That while the TCU audit function may extend to the entire public sector, including local corporations, the scope and preferential ppal pursue what is the financial activities of U.S. and state public sector

That while the TCu is the watchdog of the public financial activity, need not be unique. It is the supreme supervisory body but not the only unique but not prosecuted supreme when the accountability.
That it is possible the existence of regulatory bodies than TCu on condition that the latter maintain a relationship of supremacy over the former.

That the jurisdiction of the Autonomous Bodies External Control does not exclude or is incompatible with that for the TCu

Based on the above rules and the doctrine of TC have created numerous autonomous external control bodies in many regions. A note that has occurred between these courts autonomic activity accounts of spontaneous cooperation.

7.10 PARLIAMENTARY COMMITTEES AND OMBUDSMAN

Have in common their constitutional and supervisory bodies be not only PA but also of other governmental bodies.

Parliamentary commissions of inquiry are covered by art.76CE as congressional committees or the Senate (or both) to investigate any matter of public interest. Apart from the publicity and political impact of their work and conclusions can be produced, the EC is not clear what the legal effect of the same, since only states “that they would not be binding on the Courts, nor affect the judgments without prejudice to the outcome of the research is communicated to the public prosecutor to pursue, where appropriate, timely action. “

The EC says mandatory appearance before the cameras and provides for the regulation by law of any sanctions imposed for breach of this obligation.

The Ombudsman is an office without a tradition in our constitutional law, the Swedish home that they have imported other systems, such as French or English, with name mediator. A fee has been extended, for all sorts of government, from the Autonomous Communities, through universities and other institutions, to local authorities. Of these charges, it should be noted, in general, its proven ineffectiveness.

The art.54CE establishes the regulation of their status by LO and defines it as “high commissioner of the CG, appointed by them for the rights of Title I, and for which purpose he may supervise the activities of the Administration and report to the CG. “

The LO3/81 attributed to the Ombudsman the broadest powers of investigation of the APs, forced to help him on a preferential basis. To this end, shall inform in peremptory terms on points which it requests and send the documents required by its actions. Failure by the authorities or officials of these obligations is subject to a special report and committing a crime of disobedience.

It lacks the Ombudsman’s own powers to punish those officials when it investigated the complaint has been caused by abuse, arbitrariness, discrimination, error, negligence or omission. In such cases should be directed to the responsible official making record its opinion in that regard and shall forward the letter to the superior, making such suggestions as it deems appropriate, if he understood that the facts constitute a crime shall inform the Attorney General.

You can also make the authorities or officials, warnings, recommendations, reminders of its legal duties and suggestions for further action, which they must respond within a month.If after a reasonable period not produce a fit or not informed of the reasons for not doing so, the Ombudsman may give notice to the Secretary of the Department concerned the background of the case and the recommendations presented. If not obtained adequate justification, include the matter in its annual report or special.

In relation to administrative acts, the Ombudsman has no power to annul or modify. You can suggest amendments to the criteria used for its production in any case, and even, in some cases, may suggest to the competent legislative body or administration of a rule amendment that creates situations that can produce unjust or harmful to administer. Finally, is entitled to the writs of amparo and unconstitutionality, in accordance with the provisions of the EC and LO of the TC.