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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, which provides for the election and appointment of the General Council of Spanish Citizenship. of the members, determining that the Spanish Residents ' Councils 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 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, 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 no submission of lists or non-admission of those presented in a first call, a new electoral call is made after the deadline of six months.
The V Mandate of the General Council of Spanish Citizenship in the Foreign Office has been completed, the first electoral process has been held as provided for in the Resolution of 23 November 2011, of the Directorate General of Citizenship Spanish Abroad, with the result of the election of thirty-six Councillors.
The Spanish Directorate General for Foreign Affairs, Consular Affairs and Migration, from the Ministry of Foreign Affairs and Cooperation, has announced that new Spanish Residents ' Councils have been set up in the second place. convocation in the cities of Melbourne, Dublin, Munich and Washington.
The procedure for establishing the Spanish Residents ' Councils 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 Councillors through a second electoral process.
In Munich and Dublin, the election of a Spanish Citizenship Adviser in the Foreign Office of both Spanish Residents ' Councils is appropriate, in accordance with the population requirements required by the Resolution of 23 November 2001. 2011, from the Directorate General of Spanish Citizenship Abroad, since the election of the assigned members in their respective countries was not completed in the first process.
With regard to Washington, this Directorate-General considers it appropriate to elect a second Counsellor from the CRE due to the dimensions of the United States of America, the total population of Spanish residents in the country and its geographical dispersion. With the election of this new Counselor and the elected in the first electoral process in New York will complete the quota set for the United States of America.
In Melbourne, there is no need to hold elections in the new CRE constituted by the first election process of the Spanish Citizenship Adviser determined for Australia.
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. As the Councils of Spanish Residents have been established in Dublin, Munich and Washington as a result of the electoral process provided for in Article 10 of Order AEC/2172/2010 of 13 July, a second process is called For the designation of General Directors of Spanish Citizenship abroad, in accordance with the procedure laid down in the Resolution of 23 November 2011, of the Directorate General of Spanish Citizenship in the Foreign Office, by the laying down the rules for the appointment of members of the advisory body in the Member States following: Germany, United States, and Ireland.
2. 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 23 November 2011.
3. 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, heard the new Council of Spanish Residents, will call the elections through the Chief of Consular Office of the demarcations in which the CRE is constituted.
2. The Embassy will provide the local to carry out the meeting, as well as the necessary technical support.
3. The elections to the General Council of Spanish Citizenship in the Foreign Affairs will be held before August 31, 2012.
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 for Employment and Social Security, or in his absence the Head of the Section for Employment and Social Security, shall 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 grounds of gender and the principle of a balanced composition shall be applied in such a way as to contain, as far as possible, a minimum of 40% of persons. 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 will be able to vote for any of the candidates on the electoral list. Where there is a position of Counsellor to be filled, each ballot shall 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 minutes of the vote, 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. Proclamation of elected candidates.
By Order of the Ministry of Employment and Social Security shall be proclaimed the elected candidates who have obtained the highest number of votes as the right holders and as alternate members who follow them in the number of votes.
Article 7. Complaints.
The Directorate General of Migration will resolve the complaints raised during the electoral process.
Article 8. 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 travel, accommodation and maintenance costs which they have been given on the budget of the Directorate-General. of Migrations and the terms that you are setting.
2. The Employment and Social Security Advisers will provide the documentary support and support needed to carry out the entire electoral process.
Final disposition. Entry into force
This Resolution will enter into force on the day following its publication in the "Official State Gazette".
Madrid, 13 July 2012. The Director General of Migration, Aurelio Miras Portugal.
