Article 10 of Law 40/2006, of 14 December, the Statute of the Spanish Community Abroad provides that the General Council of Spanish Citizens Abroad is a consultative body and adviser attached to the Employment Ministry and Social Security, through the Department of Immigration whose election, composition and operating regime is governed by regulation.
This regulatory development was carried out by Royal Decree 230/2008 of 15 February, the General Council of Spanish Citizens Abroad is regulated, which includes Article 11 of the election and appointment of directors, determining that the Councils of Spanish Residents elect a maximum of forty-three, with distribution set by the Ministry of Employment and Social Security, in proportion to the number of Spaniards registered with the Electoral Census of Residents Abroad ( CERA) in each country. also notes that by order of the head of the Directorate General of Immigration, the rules for the appointment of members of the Council within a maximum period of two months from the date of termination of the previous mandate will be established.
The Ministry of Foreign Affairs and Cooperation as provided in Article 11.1 of Royal Decree 1960/2009, of December 18, by which the Councils of Spanish Residents Abroad regulated, issued Order AEC / 2172/2010, of July 13, which regulates the constitution, election and functioning of the Councils of Spanish Residents Abroad, which is expected in the event of not submitting lists or non-acceptance of those presented in the first call, call a new election after a period of six months make.
After the V
Mandate of the General Council of Spanish Citizens Abroad was held the first electoral process in accordance with the Resolution of 23 November 2011, the Directorate General of Spanish Citizenship Abroad, with the result of the election of thirty-six directors.
The Directorate General of Spanish citizens abroad, Consular and Migration Affairs, Ministry of Foreign Affairs and Cooperation, announced that have become new Councils of Spanish Residents in second call in the cities of Melbourne, Dublin, Munich and Washington.
The process of constitution of the Councils of Spanish Residents in a second phase determines who are to be appointed new members of the General Council of Spanish Citizens Abroad in those countries with pending the election of directors by a second electoral process.
In Munich and Dublin, comes the election of a Director of the Spanish Citizens Abroad in both Councils of Spanish Residents in accordance with the requirements of population required by the Resolution of 23 November 2011, the Directorate General of the Spanish Citizens Abroad, as they are not completed in the first process the election of directors assigned in their respective countries.
As for Washington, the Directorate General considers appropriate choice of a second counselor from the CRE said because of the size of the United States of America, the total population of Spanish residents in the country and its geographic dispersion. With the election of the new director and the elected in the first election in New York the quota established for the United States of America will be completed.
In Melbourne, there is no hold elections in the new CRE made to the Director of the Spanish Citizenship Foreign determined to Australia have been chosen in the first election.
By virtue of the foregoing, the Migration Board, in accordance with the General Directorate of Spanish citizens abroad, Consular and Migration Affairs, provides:
Article 1. Celebration of the second electoral process.
1. By having constituted Councils of Spanish Residents in Dublin, Munich and Washington following the conclusion of the electoral process provided for in Article 10 of the Order AEC / 2172/2010, of July 13, a second election is convened for the appointment of General directors of the Spanish citizens abroad, according to the procedure laid down in Resolution of 23 November 2011, the Directorate General of Spanish Citizenship abroad, laying down rules for the appointment of members established of this body, in the following countries: Germany, the United States and Ireland.
2. In this new electoral process, voters are all members of the CRE who are staying made in each of these countries, proceeding in everything else as established in the Resolution of 23 November 2011.
3. The completion of this second electoral process for the appointment of general councilors in no case may involve review of the appointment of general councilors according to the result of the first electoral process.
Article 2. Call for elections
1. Ambassador of Spain, after hearing the new Spanish Residents Council, convene elections through the Head of Consular Office of the demarcations where the CRE is constituted.
2. By the local Embassy will be provided to carry out the meeting, as well as technical support.
3. The elections to the General Council of Spanish Citizens Abroad will be held before August 31, 2012.
Article 3. Electoral College.
1. The Electoral College shall consist of all members of the CRE formed in each of the countries.
2. The Electoral College shall be validly held when half is present plus one of the aforementioned members.
3. On election day the Ambassador of Spain, diplomat or his delegate, meeting members of the relevant CRE, will preside over the constitution of the Electoral College.
4. The Head of the Consular Office of demarcation in which the elections are held, as well as the accompanying Consuls, if any, may participate in the electoral process as observers.
5. The Minister of Employment and Social Security, or failing that the Head of the Section of Employment and Social Security, will act as Secretary of the electoral session. In countries where these do not exist, shall act as Secretary designated by the Head of the Consular Office official.
Item 4. Submission of applications.
1. Established the Electoral College, the nomination and election of Directors will take place in a single act.
2. a single list that includes all candidates be drawn up in alphabetical order.
3. To ensure holders the choice of both counselors as substitutes, the list will be composed of at least twice the number of candidates to be elected councilors holders.
4. In the composition of the list of candidates will ensure non-discrimination based on gender and the principle of balanced composition so apply such list shall contain, if possible, at least forty percent of each sex.
5. Made the alphabetical list of candidates will proceed to read the same components of the Electoral College.
6. Then, the order to occupy on the list, each candidate will have the opportunity to defend, briefly, his candidacy.
7. Finished speaking, the session will be interrupted for a period of time not exceeding one hour, the Electoral College determine suitable as a period of reflection.
Article 5. Electoral Board, voting and counting.
1. The Electoral Board shall be composed of the member of the Electoral College older than candidate who will act as President, and the younger than candidate who will act as Secretary.
2. Each elector may vote for any of the candidates on the electoral list. When you have a position of Director to cover, each ballot will contain, at most, the names of two candidates.
3. They may exercise the right to vote all the voters who make up the Electoral College, depositing the ballot in the ballot box installed for the purpose.
4. The Secretary of the Bureau will check the inclusion of voters in the College and will record it in the ratio of voters and their electoral participation.
5. After the vote, we will proceed to the scrutiny and the President will conduct public count of the votes.
6. Then the act of voting shall be signed by the President and the Secretary, taking delivery of it to the Ambassador of Spain or authority has been delegated their representation to be transferred to the Secretariat of the General Council of Spanish Citizens will rise the outside.
7. They are declared invalid ballots that include the name of people who are not on the list of candidates or including more names to be elected according to indicated in paragraph 2 above.
8. They shall be elected as titular candidates who obtain the highest number of votes and as alternates who follow in the number of votes. In case of a tie the designation shall be resolved by drawing lots.
Article 6. Proclamation of elected candidates.
By Order of the Ministry of Employment and Social Security elected candidates who received the most votes as holders as alternate directors and those who follow them in number of votes will be announced.
Article 7. Claims.
The Migration Board will resolve the claims raised during the electoral process.
Article 8. Means necessary and compensation.
For the development of the electoral process the Secretariat of the General Council of Spanish Citizens Abroad provide the following means:
1. Voters who are forced to make trips to participate in the process, will be entitled to reimbursement of travel expenses, accommodation and living expenses that they occasion, the budget of the Department of Immigration and terms it set.
2. Directors of Employment and Social Security provide documentary support and the support necessary to carry out the entire electoral process.
Final provision. Entry into force
This Resolution shall enter into force on the day following its publication in the "Official Gazette" day.
Madrid, July 13, 2012. The Director General of Immigration, Aurelio Miras Portugal.