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Resolution Of May 3, 2017, In The General Direction Of Migration, Which Establish Norms For The Appointment Of Members Of The General Council Of The Spanish Citizenship Abroad.

Original Language Title: Resolución de 3 de mayo de 2017, de la Dirección General de Migraciones, por la que se establecen normas para la designación de miembros del Consejo General de la Ciudadanía Española en el Exterior.

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Article 10 of Law 40/2006, of 14 December, of the Statute of Spanish Citizenship Abroad, establishes that the General Council of Spanish Citizenship in the Foreign Affairs is an advisory and advisory body, under the Ministry of Employment and Social Security, through the Directorate-General for Migration, whose choice, composition and operating system will be regulated.

This regulatory development was carried out by Royal Decree 230/2008 of 15 February, which regulates the General Council of Spanish Citizenship in the Foreign Affairs. Article 11 of this rule provides for the election and appointment of general advisers, determining that the advice of Spanish residents will elect up to a maximum of forty-three, with the distribution to be set by the Ministry of Employment and Social security, in proportion to the number of Spaniards registered in the electoral census of residents abroad (CERA) of each country. It also points out that, by means of a decision of the holder of the Directorate-General for Migration, the rules for the appointment of the members of the Council shall be laid down within a maximum of two months from the date of the end of the term of office. previous.

The Ministry of Foreign Affairs and Cooperation, in accordance with the provisions of Article 11.1 of Royal Decree 1960/2009 of 18 December 2009 on the Councils of Spanish Residents in the Foreign Affairs, issued the Order AEC/2172/2010, of 13 July, which regulates the constitution, election and functioning of the Councils of Spanish Residents Abroad, in which it is foreseen that, in the event of non-presentation of lists or non-admission of those presented in a first call, a new electoral call is made after the deadline of six months.

Ended the 6th Mandate of the General Council of Spanish Citizenship in the Foreign Affairs has held the first electoral process as provided in the Resolution of 2 November 2016, of the Directorate General of Migration, with the result of the election of thirty-six councilors.

The Spanish Directorate General for Foreign Affairs, Consular and Migration Affairs, Ministry of Foreign Affairs and Cooperation has announced that eleven new Councils have been set up. Spanish residents in the cities of Amsterdam, Camberra, Edinburgh, Stockholm, La Paz, Lima, New York, Rome, Santa Cruz de la Sierra, Santo Domingo and Washington.

The procedure for establishing the advice of Spanish residents in a second phase determines that new members of the General Council of Spanish Citizenship are to be appointed in those countries that have pending the election of members, through a second electoral process.

According to the Resolution of 2 November 2016, previously mentioned, it is not necessary to hold elections for the new Councils of Residents constituted in Camberra and in Rome, having been elected in the first electoral process. The General Counsel of Spanish Citizenship in the Exterior determined for Australia and Italy, respectively, according to the Spanish population residing in those countries.

For the rest of the countries in which the described Residents ' Councils have been constituted, the election of a General Counsel of Spanish Citizenship in the Foreign Office, in accordance with the requirements of the required population, is appropriate. by the Resolution of 2 November 2016, of the Directorate-General for Migration and other rules contained therein.

By virtue of the above, this Directorate General of Migration, in accordance with the Spanish Directorate General for Foreign Affairs, Consular and Migration Affairs, has:

Article 1. Celebration of the second electoral process.

1. For the establishment of Councils of Spanish Residents (CRE) in Amsterdam, Camberra, Edinburgh, Stockholm, La Paz, Lima, New York, Rome, Santa Cruz de la Sierra, Santo Domingo and Washington, as a result of the celebration of the electoral process Article 10 of Order AEC/2172/2010 of 13 July 2010 establishes the rules for the conclusion of a second electoral process for the designation of General Directors of Spanish Citizenship in the during its 7th term of office, in accordance with the procedure laid down in the Resolution of 2 November 2016, from the Directorate-General for Migration, laying down the rules for the appointment of members of the Advisory Body, in the following countries:

Bolivia, United States, Netherlands, Peru, United Kingdom, Dominican Republic, and Sweden.

2. In each of these countries, a General Counsel of Spanish Citizenship will be chosen abroad.

3. In this new electoral process, all the members of the CREs who are established in each of these countries shall be eligible, in accordance with the provisions of the Resolution of 2 November 2016.

4. The implementation of this second electoral process for the appointment of general advisers may in no case be a review of the designations of general advisers according to the outcome of the first electoral process.

Article 2. Call for Elections

1. The Ambassador of Spain, ears the new or new Spanish Residents ' Councils, will call the elections through each Chief of Consular Office of the demarcations in which the CREs are constituted.

2. The Embassy will provide the local to carry out the meeting, as well as the necessary technical support.

3. Elections to the General Council of Spanish Citizenship Abroad shall be held within one month of the publication of this Resolution in the Official Gazette of the State.

Article 3. Electoral College.

1. The Electoral College shall be composed of all the members of the CRE constituted in each of the countries.

2. The Electoral College shall be considered validly constituted when one or more of the members are present.

3. On the day of the elections, the Ambassador of Spain, or diplomatic official in whom the members of the relevant CRE delegates, will preside over the constitution of the Electoral College.

4. The Head of the Consular Office of the Demarcation in which the elections are held, as well as the Deputy Consul, if any, may participate in the electoral process as observers.

5. The Minister of Employment and Social Security, or in his absence the Secretary General of the Department, will act as Secretary of the electoral session. In those countries where the latter do not exist, an official appointed by the Head of the Consular Office shall act as Secretary.

Article 4. Submission of nominations.

1. The Electoral College, the nomination of candidates and the election of the Directors will take place in a single act.

2. A single list will be made that includes all candidates sorted alphabetically.

3. In order to ensure the choice of both incumbent and alternate members, the list shall be composed of at least twice as many candidates as the number of incumbent members to be elected.

4. The composition of the list of candidates shall ensure non-discrimination on the basis of gender and the principle of a balanced composition shall apply, so that such a list must be contained, provided that the composition of the whole of the country's CRE allows, a minimum of forty percent of people of each sex.

5. The alphabetical list of candidates will be made to read the same to the members of the Electoral College.

6. Next, and in the order that you put in the list, each of the candidates will have the opportunity to defend, briefly, their candidacy.

7. If the interventions are completed, the session will be interrupted for a period of time, not exceeding one hour, which the Electoral College will determine as a period of reflection.

Article 5. Election table, vote and scrutiny.

1. The electoral bureau shall be composed of the member of the oldest Electoral College who is not a candidate, who will act as President, and the youngest who is not a candidate, who will act as Secretary.

2. Each voter may vote for any of the candidates included in the electoral list, and each ballot must contain at most the name of two candidates.

3. All electors who make up the Electoral College may exercise the right to vote, depositing the ballots in the ballot box installed for the purpose.

4. The Secretary of the Bureau shall check the inclusion of the voters in the College and shall leave it on record in the relation of voters as well as their electoral participation.

5. After the vote, the vote will be counted and the President will carry out the public recount of the votes.

6. The voting record to be signed by the President and the Secretary shall then be lifted, giving the Ambassador of Spain or the Authority who, by delegation, is represented to be transferred to the Secretariat of the General Council of Spanish Citizenship Abroad.

7. Ballots containing the name of persons not appearing on the list of candidates or containing more names than those of which the choice is to be made in accordance with paragraph 2 shall be declared null and void.

8. Candidates who obtain the highest number of votes and as alternate members shall be elected as the right holders. In case of a tie the designation shall be settled by lot.

Article 6. Conduct of the voting process by videoconferencing systems.

1. In countries where there is more than one CRE, the technical and human resources of the consular posts to which they are attached shall be articulated, and the heads of such consular offices and the other heads of the consular offices shall be required to members of the CREs, a simultaneous video conference voting system, through which the process described in the previous articles is developed.

2. In order to ensure the unified nature of the said process and its adjustment to the requirements of this Resolution, officials should be appointed who, in addition to the provisions of Article 3, are present in the meeting of each CRE and vouch for its development and the results of the election held.

Article 7. Proclamation of elected candidates.

1. By Order of the Ministry of Employment and Social Security, elected candidates who have obtained the highest number of votes as the right holders and as alternate members shall be proclaimed.

2. In the countries where two or more alternate members have been elected, they shall replace the holders in the event of the absence or loss of the status of Counsellor by order of greater than lesser in the number of votes obtained by each of them, resolving the situation of a tie in the manner set out in Article 5 (8).

Article 8. Complaints.

The Directorate General of Migration will resolve the complaints raised during the electoral process.

Article 9. Necessary means and economic compensation.

For the development of the electoral process, the Secretariat of the General Council of Spanish Citizenship Abroad will provide the following means:

1. Voters who are obliged to travel to participate in the process shall be entitled to reimbursement of the costs of travel, accommodation and maintenance which are caused to them, from the budget of the Directorate-General of Migrations and the terms that you are setting.

2. The reimbursement of expenditure provided for in the previous point shall not be carried out where there are physical, technical and human resources to allow for the development of the vote using videoconferencing systems.

3. The Employment and Social Security Advisers will provide the documentary support and support needed to carry out the entire electoral process.

Final disposition first. Entry into force

This Resolution will enter into force on the day following its publication in the "Official State Gazette".

Madrid, May 3, 2017. -Director General of Migration, Ildefonso de la Campa Montenegro.