The organic law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their social integration, as amended by organic law 8/2000, of 22 December; 11/2003 of 29 September; and 14/2003, of 20 November, regulates, in its article 70, the forum for the social integration of immigrants as the organ of consultation, information and advice in the field of integration of immigrants, comprising representatives of public authorities, associations of immigrants and social organizations of support, including unions of workers and business organizations with interest and implementation in the immigration field of tripartite and balanced way by establishing that its composition, powers, regime of functioning and administrative assignment will be determined by regulation.
Furthermore the Royal Decree 367/2001 of 4 April, which regulates the composition, powers and operating regime of the forum for the social integration of immigrants, developed article 70 of the Organic Act, and adscribía Forum social integration of the immigrants to the Ministry of the Interior, through the delegation of the Government for the aliens and immigration.
Subsequently, the Royal Decree 1600 / 2004 of 2 July, whereby the basic organizational structure of the Ministry of labour and Social Affairs, develops ascribes the forum for the social integration of immigrants to the direction General of integration of immigrants, of the Secretariat of State for immigration and emigration.
On the other hand, the desirability of giving the Forum of greater relevance in terms of its role and its capacity as organ of consultation and participation were necessary the elaboration of a new Royal Decree that gave satisfaction to the derived situation both the new structure organic to the Ministry of labour and Social Affairs and the impulse of an immigration policy based on the consultation and participation of the various actors involved in the same.
Therefore, by means of this Royal Decree some functions had been already developed by the Forum are redefined and incorporated new ones trying to provide more relevant, especially in what refers to the possibility of promoting or elaborate studies or initiatives related to the social integration of immigrants, produce reports on proposals, plans and programmes not only when they are required you by the General Administration of the State , but also by its own initiative or cooperate with other similar bodies of different geographical areas in search of better coordination and improvement of actions carried out, for the benefit of the integration of persons immigrants. Of particular relevance is the inclusion of the mandatory consultation of the Forum by the General Administration of the State in the case of regulations, plans and State programmes affecting the social integration of immigrants.
The quantitative particulars to be made up of 30 members instead of 24, corresponding ten vowels to each of the three groups that compose it is changed, also. In this way, it accommodates a greater plurality and diversity in its composition, both the incorporation of associations of immigrants, social and business organizations in the areas of the General Administration of the State not represented so far and whose presence was necessary in a forum of this nature, as the Ministry of education and science and the autonomous body are women's Institute.
Also increases the number of up to four commissions, looking to expand its thematic content, at the same time increasing the number of members of each Committee, facilitating the participation of all and each of the members of the Forum in them.
Finally, amending the definition of those who can participate as observers including those associations whose activity, without being directly related to the field of immigration, can contribute to the social integration of persons immigrants.
This Royal Decree was the subject of the consultation process to the forum for the social integration of immigrants, and was also informed by the inter-ministerial Commission on foreigners.
By virtue, on the proposal of the Ministers of labour and Social Affairs, of Foreign Affairs and cooperation, of the Interior and of education and science, with the approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of January 13, 2006, D I S P O N G O : Chapter I subject, nature and functions article 1. Object.
This Royal Decree aims to adjustment of the forum for the social integration of migrants legally established in order to serve the participation and the integration into Spanish society.
Article 2. Legal nature.
The forum for the social integration of immigrants is a body collegial consultation, information and advice, attached to the Ministry of labour and Social Affairs, through the General direction of the integration of immigrants.
Article 3. Functions.
1 the forum for the social integration of immigrants will have the following functions: to) make proposals and recommendations aimed at promoting the integration of immigrants and refugees in Spanish society.
(b) receive information about the programs and activities that, in the field of social integration of persons immigrants carried out the General State administration, as well as those of other developed in cooperation with other public administrations. Also, information on plans and programmes of the autonomous and local administrations.
(c) collect and channel the proposals of social organizations active in the field of immigration, with a view to facilitate perfect coexistence between people, immigrants and the host society.
(d) draw up an annual report on the work and activities carried out.
(e) draw up an annual report on the situation of the social integration of immigrants and refugees.
f) elaborate reports on the proposals, plans and programmes that affect social integration of persons immigrants, on its own initiative or when required it by the competent bodies of the General State administration.
(g) promote or draw up studies and initiatives on matters relating to the social integration of immigrants and refugees.
(h) cooperate with other similar bodies of international, regional or local level with a view to coordinating and improving any actions that immigrants and refugees for the benefit of the social integration of people.
(i) other actions deemed necessary in relation to integration in Spanish society of legally established immigrants, as well as any other that attributed to them by the regulations.
2. the proposals, agreements or recommendations of the Forum to the Government will be channeled through the Secretariat of State for immigration and emigration 3. In addition to the functions specified in paragraph 1, the forum for the social integration of immigrants corresponds to issue mandatory report on regulatory projects of the General Administration of the State relating to the social integration of immigrants, as well as plans and State-level programs related to this matter, prior to its approval. The deadline for issuing the report will be a one month from receipt of the projects in the Secretariat of the Forum. After the referred period without having sent the report shall be deemed fulfilled the procedure and procedure actions can continue.
Chapter II composition article 4. Composition.
The forum for the social integration of immigrants shall consist of the following members: the Chairman, two Vice-Chairmen designated among the members, a Secretary, and 30 members, distributed in the following way: 1. ten on behalf of public authorities.
2. ten representing immigrants and refugees, through their legally constituted associations.
3. ten on behalf of social organizations of support, including the most representative trade unions and business organizations with interest and implementation in the immigration field.
Article 5. Of the Presidency.
1. the President of the Forum shall be appointed by the Minister of labour and Social Affairs, on the proposal of the Secretariat of State for immigration and emigration, among persons of recognised prestige in the field of immigration.
2 will be functions of the Presidency of the Forum: to) to represent the Forum.
(b) exercise the management of the Forum.
(c) ensure compliance with the laws.
(d) convene meetings of the plenary, preside over them and moderate development of the discussions.
(e) set the agenda of the meetings, taking into account, where appropriate, requests of the members of the Forum, in advance.
(f) resolve votes, in the case of a tie vote.
(g) endorse the reports and certifications of the agreements of the Forum.
(h) all other functions that are intrinsic to their status as President of the Forum.
3. in cases of vacancy, absence, illness or other legal cause, it will occupy the Presidency, first of all, the Vice President first and, in the absence of this, the second Vice-President.
Article 6. Of the Vice-Presidencies.
1 will be Vice-President first Forum a representative elected by and among the members of the associations of immigrants and refugees and the social support organizations, represented in the Forum. Second Vice-President will be the titular person of the direction General of integration of immigrants of the Ministry of labour and Social Affairs 2. Corresponds to the Vice-Presidents: to) replace, in its order, the President in case of vacancy, absence or illness, the duties that are assigned to this.
(b) how many other functions are delegated them by the President.
3. the function of Vice-President shall not be delegable. In the event of vacancy, absence, illness or other legal cause of the Chairman and both Vice-Chairmen, will occupy the Presidency of the Forum the person designated by the Minister of labour and Social Affairs, on the proposal of the Secretariat of State for immigration and emigration, from the rest of the members of the Forum.
Article 7. The Secretariat of the Forum.
1 shall serve as secretariat of the Forum the titular person of the General Subdirectorate of institutional relations, the General direction of the integration of immigrants.
2 corresponds to the Secretariat of the Forum: to) attend the meetings of the plenary, with voice but without vote, as well as designate the person representing it in the working groups established.
(b) make calls for the sessions of the Forum by order of its President, as well as citations to the members.
(c) receive communications that raise the members of the Forum, as well as how many notifications, acknowledgements of receipt, excuses for assistance, requests for data, corrections, or any other kinds of writings that refer to the Forum.
(d) facilitate, through the corresponding services, other members of the Forum information and technical assistance that may be necessary for the exercise of the functions entrusted to them.
(e) develop and authorize the minutes of the sessions of the Forum and issue the corresponding certifications.
(f) many others are inherent in his capacity as Secretary.
Article 8. Of the vowels.
The Forum is integrated by the following members: 1. six representatives from the General Administration of the State: to) by the Ministry of Foreign Affairs and cooperation, the titular person of the General Directorate of affairs and consular assistance.
(b) by the Ministry of the Interior, a representative with the rank of Director-General, appointed by the head of the Ministry.
(c) by the Ministry of education and science, the person holder of the Directorate-General of education, vocational training and educational innovation.
(d) by the Ministry of labour and Social Affairs, the person holder of the General direction of the integration of immigrants and the titular person of the General Directorate of the Institute of women.
(e) by the Ministry of public administrations, the person holder of the General Directorate of human resources, economic programming and peripheral administration.
2. two representatives of the administrations of the autonomous communities, who will be appointed by the High Council for immigration policy.
3. two representatives of the local administration, who shall be appointed by the High Council for immigration policy.
4. ten, representing immigrants and refugees, through their associations, according to proportional distribution of the areas of origin of the same criteria.
5 diez, on behalf of the social organizations of support, of which six of immigrant and refugee-related non-governmental organizations, two in representation of trade unions and two in representation of the most representative business organizations.
Article 9. Designation of members representing associations of immigrants and refugees and the social support organizations.
1. the vocal representatives of associations of immigrants and refugees, as well as non-governmental organizations, whose activity is related to such groups, shall be appointed by the Minister of labour and Social Affairs, a proposal from the Secretariat of State for immigration and emigration, among candidates that those have been presented, and depending on the results of the selection process of these entities referred to in the following paragraph.
The selection of associations and non-governmental organizations that may provide representatives to the Forum is by means of a procedure of public announcement made through order of the Minister of labour and Social Affairs, in accordance with the following objective criteria: to) statutory purposes of the Association or organization in accordance with the objective of achieving the integration of persons immigrants.
(b) territorial organisations and associations in the field implement State or at least which occupy a pre-eminent position in various territorial areas.
(c) experience and track record in the development of programmes aimed at the social integration of persons immigrants.
(d) in the case of programmes through public subsidies, plus the effectiveness and efficiency of the same, taking to his valuation granted in the past three years, with the quantities granted expression and justification of expenses.
(e) structure and management capacity.
(f) in the designation of associations of immigrants and refugees, be taken into account the representativity in relation to the number of immigrants in Spain, valuing the plurality and diversity of the collective said.
2. of the ten members representing the social support organizations, two vowels will be on behalf of the trade unions and two business organizations. These four members will be representatives of the most representative trade unions and business organizations with interest and implementation in the immigration field and its appointment shall be as laid down in paragraph 1, once the selection process to which it refers.
Article 10. Functions of the vowels.
Corresponds to the members of the Forum: to) participate in the discussions and make proposals related to the purposes and functions of the Forum.
(b) to participate in the working groups which will constitute.
(c) to exercise the right to vote, being able to place on the record its abstention or particular vote. Representatives of public administrations may not abstain in the votes.
(d) access to the information necessary to fulfil their functions. For this purpose, they should be made by written the corresponding request addressed to the Secretariat of the Forum.
(e) formulate questions and remarks.
(f) how many other features are intrinsic to the vocal condition.
Article 11. Fallback and term of office of the members.
1. for each titular member he shall designate an alternate.
2. the term of office of the members, who are not representatives of public administrations, shall be three years.
3 the vowels that are not representatives of the public administrations will lose their status as such: to) by the expiration of the mandate.
(b) by dissolution or legal incapacity of the entity you represent.
(c) by waiver of the entity, which is accepted by the Minister of labour and Social Affairs, which shall be notified to the Secretariat of the Forum.
(d) by resignation of the vowel, accepted by the Minister of labour and Social Affairs, which shall be notified to the Secretariat of the Forum.
(e) for unjustified absence at three consecutive full or five alternate, within the duration of the mandate.
(f) for any other justified reason preventing him to carry out the functions which have assigned.
4 in the event that lost its condition of vowels for any of the causes provided for in the previous paragraphs b) and (c)), will proceed to appoint new members in accordance with the procedure laid down in article 9.
((When the condition of vocal Miss for any of the causes provided for in the previous paragraphs d), e) and f), will proceed to appoint a new Member by proposal of the represented entity. In these cases, until appointed to the new vocal, it will exercise its functions alternate vocal.
In all cases, the mandate of the new Member will be extended by the time remaining until the the period of three years, which would correspond to comply to the vocal.
5 the period of duration of the mandate, this means extended the time that mediate until the effective appointment of new representatives.
Article 12. Observers.
1. the plenary of the Forum, in order to correct deficiencies on areas not represented may designate observers, for the development of their work, both in the commissions of this one, which will have voice, but no vote. These observers will be representatives of social organizations of support and/or of those associations whose activity, without being directly related to immigration, can contribute to improving the social integration of persons immigrants. Their total number may not exceed three.
2. not they may appear as observers representatives of Governments or international organizations.
Article 13. Exemption from payment of financial compensation for attendance at meetings and functions.
The exercise of their functions by members of the Forum will not involve the perception of any remuneration in such a concept, with the exception of compensation of the vocal representatives of associations and organizations of support, where the meetings are held in town other than the place of residence. Such compensation shall be established in accordance with provisions in the Royal Decree 462/2002, of 24 may, on compensation by reason of service.
Chapter III operation article 14. Full.
1. the Forum will celebrate, at least two ordinary plenary sessions a year, whose call will be agreed by the President. This may agree, also, when deems it justified or when so requested by the majority of members of the Forum, the convocation of extraordinary sessions.
2. ordinary requests of the Forum shall be made in advance, at least fifteen days before the date of the meeting. For the extraordinary you can reduce this term, that in no case shall be less than eight days before the meeting date.
3. Requests must indicate day, hour and place, as well as agenda and include, where appropriate, documentation for your previous study.
4. in the first call will be also announced the second.
Article 15. Constitution of the plenum.
The valid Constitution of the plenary in first call, will require the presence of the President and Secretary or, where appropriate, who replaced him, and of the half, at least, of its members. Second call will be enough assistance from third of its members.
Article 16. Standing Committee.
The Permanent Commission, as Executive of the forum for the social integration of immigrants for the exercise of its functions and tasks relating to matters of procedure, preparation or study, will consist of the President, Vice-Presidents, the Secretary and other six members that choose full. Of the six vowels, four shall be appointed chairpersons of commissions regulated in article 17. It will perform tasks of support and advice to the functions of the President when the House meets, as well as which attribute you to it.
Article 17. Commissions.
1. the plenary of the Forum can be a maximum of four committees for the examination of the matters subject to its jurisdiction.
2. the committees shall be composed of a minimum of 7 and a maximum of 9 vowels, of which one will be President appointed by the plenary between the members of the Standing Committee. Be part of these commissions a Secretary, who shall be appointed by the Secretary of the Forum.
3. the committees shall draw up reports or proposals for approval must be submitted to plenary, and which shall include the views of all its members when they are not coincidental. They may convene experts on matters dealing with the purpose to seek his advice.
Article 18. Working groups.
The plenary of the Forum may establish, when deemed necessary and by a majority of its members, groups work to those who entrusted the study and analysis of specific topics. The plenary will decide, to form the Working Group, object, purpose, composition and operation of the.
First additional provision. Deadline for the elaboration and adoption of its rules of organisation and internal operation.
Within 3 months from its Constitution, the plenum shall draw up and approve the rules of organization and inner workings of the forum available to additional second. Supplementary application of the general law of administrative procedure.
In matters not provided in this Royal Decree, the functioning of the Forum shall be governed by the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Third additional provision. Funding.
For the performance of its functions, the forum for the social integration of immigrants will have budgetary appropriations assigned the Ministry of labour and Social Affairs, while any increase in public expenditure, can arise unless it results from the provisions of article 13 of the Royal Decree.
Sole repeal provision. Repeal legislation.
The Royal Decree 367/2001 of 4 April, which regulates the composition, powers and operating regime of the forum for the social integration of immigrants is hereby repealed.
First final provision. Faculty of development.
It empowers the Minister of labour and Social Affairs to dictate how many provisions are necessary for the development and execution of this Royal Decree.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on 16 January 2006.
JUAN CARLOS R.
The first Vice-President of the Government and Minister of the Presidency, MARÍA TERESA FERNÁNDEZ DE LA VEGA SANZ