Constitutional Reform On Communal Administration

Original Language Title: REFORMA CONSTITUCIONAL SOBRE ADMINISTRACION COMUNAL

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"Sole article.-Introducense following amendments to the Constitution: 1.-number 2, the fourth subparagraph of article 62, be replaced by the following:" 2.-create new public services or paid employment, prosecutors, quasi-fiscal, autonomous or State enterprises; "" delete them and determine their duties or powers. ";
2 Article 107, replace by the following: ' article 107.-the local administration of each commune or grouping of communes which determined the law resides in a municipality, which will be constituted by the Mayor, which is its highest authority, and by the Council. "
The respective constitutional organic law shall establish modalities and forms which must assume the participation of the local community in the municipal activities.
The mayors, in the cases and ways determined by the respective constitutional organic law, may appoint delegates for the exercise of their powers in one or more locations.
Municipalities are autonomous corporations under public law, with legal personality and own patrimony, which aims to meet the needs of the local community and ensure their participation in the economic, social and cultural progress of the commune.
A constitutional organic law shall determine the functions and powers of the municipalities. The Act designated, in addition, matters of municipal competition that the Mayor, with agreement of the Council or at the request of 2/3 of the Councillors in office, or the proportion of citizens who set the law, undergo consultation not binding or plebiscite, as well as opportunities, form of the call for proposals and effects.
Municipalities can associate among them for their own purposes. They may also constitute or integrate corporations or foundations of private nonprofit whose purpose is the promotion and diffusion of art, culture and sport. Municipal participation in them will be governed by the respective constitutional organic law.
Municipalities may establish in the area of the communes or grouping of communes, in accordance with the respective constitutional organic law, territories called neighbourhood units, in order to promote a balanced development and an adequate pipeline of citizen participation.
Public services should coordinate with the municipality when they develop their work in the respective communal territory, in accordance with the law.
The law shall determine the form and the way in which ministries, public services and regional Governments may transfer powers to municipalities, as also the temporary or permanent nature of the transfer. ";
3. replace article 109, by the following: ' article 109-the respective constitutional organic law will regulate the transitional administration of communes that are created, the installation procedure of the new municipalities, of transfer of municipal staff, services and the safeguards required for interim use and disposition of assets that are located in the territories of the new communes. "
In addition, the constitutional organic law of municipalities shall establish procedures that must be observed in the case of deletion or merging of one or more communes. "."
4. Add the following article 110, new: "article 110.-municipalities, for the fulfilment of its functions, may create or delete jobs and fix compensation, as well as establish organs or units that allow the respective constitutional organic law."
These powers shall be exercised within the limits and requirements that determine the constitutional organic law of municipalities. exclusive initiative of the President of the Republic, ", and 5.-Add the following transitional provision:"Trigesimaoctava-the powers granted to municipalities in article 110, relating to the modification of the organizational structure, personnel and remuneration, shall apply when the arrangements are regulated in the respective law " , requirements and limitations for the exercise of these new powers. ".".
And because I have enough to approve it and punish it; therefore enacted and put into effect as a law of the Republic have for incorporated its provisions into the Constitution politics of the Republic, in accordance with the provisions of the final paragraph of article 119 of this constitutional body.