Royal Decree 3/2006 Of 16 January, Which Regulates The Composition, Powers And Operating Regime Of The Forum For The Social Integration Of Immigrants

Original Language Title: Real Decreto 3/2006, de 16 de enero, por el que se regula la composición, competencias y régimen de funcionamiento del Foro para la integración social de los inmigrantes

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TEXT

Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, as amended by Organic Laws 8/2000 of 22 December; 11/2003 of 29 September; and 14/2003, of 20 In its Article 70, it regulates the Forum for the Social Integration of Immigrants as the Body for Consultation, Information and Advice on the Integration of Immigrants, which is constituted in a tripartite and balanced way. representatives of the public administrations, the associations of immigrants and the social support organisations, including trade unions of workers and employers ' organisations with interest and implementation in the field of immigration, establishing that their composition, competences, operating system and membership The administrative procedure shall be determined.

For its part, the Royal Decree 367/2001 of 4 April, which regulates the composition, powers and functioning of the Forum for the social integration of immigrants, developed Article 70 of the aforementioned Organic law, and attached to the Social Integration Forum of immigrants to the Ministry of the Interior, through the Delegation of the Government for Immigration and Immigration.

Later, the Royal Decree 1600/2004 of 2 July, for which the basic organic structure of the Ministry of Labour and Social Affairs is developed, adscribe the Forum for the social integration of immigrants to the Directorate General of Integration of Immigrants, Secretary of State for Immigration and Immigration.

On the other hand, the desirability of providing the Forum with greater relevance in terms of its functions and its capacity as a body of consultation and participation made it necessary to draw up a new royal decree that would give satisfaction the situation arising from both the new organic structure of the Ministry of Labour and Social Affairs and the impetus of an immigration policy based on the consultation and participation of the various actors involved.

Therefore, by means of this royal decree, some of the functions that the Forum has already been developing are redefined and new ones are incorporated trying to give it more relevance, especially as regards the the possibility of promoting or developing studies or initiatives related to the social integration of immigrants, drawing up reports on proposals, plans and programmes not only when they are required by the General Administration of the State, but also on its own initiative or to cooperate with other similar bodies in various geographical areas in the the search for better coordination and improvement of the actions carried out, in the interests of the integration of 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 normative provisions and plans and programs of State scope that affect the social integration of the immigrants.

It is also modified its quantitative composition to be made up of 30 vowels instead of 24, corresponding ten vowels to each of the three groups that compose it. In this way, there is room for a greater plurality and diversity in its composition, both in the incorporation of associations of immigrants, social organizations and business organizations as well as those of the General Administration of the State not represented so far and whose presence was made necessary in a Forum of this nature, as are the Ministry of Education and Science and the autonomous body Institute of Women.

Also increases the number of commissions up to four, seeking to expand their thematic content, while increasing the number of vowels of each commission, facilitating the participation of each and every voice of the Forum in them.

Finally, the definition of those who can participate as observers is modified, including those associations whose activity, without being directly related to the field of immigration, can contribute to the social integration of immigrants.

This royal decree was the subject of consultation of the Forum for the Social Integration of Immigrants and was also informed by the Inter-Ministerial Committee on Foreign Affairs.

In its virtue, on the proposal of the Ministers of Labor and Social Affairs, of Foreign Affairs and of Cooperation, of the Interior and of Education and Science, with the approval of the Minister of Public Administrations, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 13 January 2006,

D I S P O N G O:

CHAPTER I

Object, nature, and functions

Article 1. Object.

This royal decree aims to regulate the Forum for the social integration of legally established immigrants in order to serve the participation and integration of immigrants in Spanish society.

Article 2. Legal nature.

The Forum for the Social Integration of Immigrants is a collegial body for consultation, information and advice, attached to the Ministry of Labour and Social Affairs, through the Directorate-General for Integration of Immigrants.

Article 3. Functions.

1. The Forum for the Social Integration of Immigrants will have the following functions:

a) Formulate proposals and recommendations aimed at promoting the integration of immigrants and refugees into Spanish society.

b) To receive information from the programs and activities that, in the field of social integration of immigrants, is carried out by the General Administration of the State, as well as those developed in cooperation with other General government. Also receive information from the plans and programmes of the local and regional authorities.

c) To seek and channel the proposals of social organizations with activity in the field of immigration, with a view to facilitating the perfect coexistence between immigrant people and the host society.

d) Develop an annual memory about the jobs and activities performed.

e) Develop an annual report on the situation of social integration of immigrants and refugees.

f) Develop reports on proposals, plans and programmes that may affect the social integration of immigrants, on their own initiative or when required by the competent bodies of the Administration State General.

g) Promote or develop studies and initiatives on issues related to the social integration of immigrants and refugees.

(h) Co-operate with other similar bodies at international, regional or local level with a view to coordinating and improving all actions which are in the interests of the social integration of immigrants and refugees.

i) How many other actions are considered necessary in relation to the integration into the Spanish society of legally established immigrants, as well as any other that the existing provisions attribute to it.

2. Proposals, agreements or recommendations of the Forum that will be raised to the Government will be channelled through the Secretary of State for Immigration and Emigration

3. In addition to the tasks provided for in paragraph 1, the Forum for the Social Integration of Immigrants is responsible for issuing a mandatory report on the regulatory projects of the General Administration of the State affecting social integration. of the immigrants, as well as the plans and programmes of State-wide scope related to this subject, prior to their approval. The deadline for issuing such a report shall be one month from the receipt of the projects at the Forum Secretariat. After the deadline, the report shall be completed and the proceedings of the proceedings may be continued.

CHAPTER II

Composition

Article 4. Composition.

The Forum for the Social Integration of Immigrants will be made up of the following members: the President, two Vice-Presidents appointed among the vowels, one secretary and 30 vowels, distributed as follows:

1. Ten on behalf of public administrations.

2. Ten on behalf of immigrants and refugees, through their legally constituted associations.

3. Ten on behalf of the social support organizations, among them the most representative trade union and business organizations, with interest and implementation in the immigration field.

Article 5. From the presidency.

1. The president of the Forum will be appointed by the Minister of Labour and Social Affairs, on a proposal from the Secretary of State for Immigration and Emigration, among persons of recognized prestige in the field of immigration.

2. The role of the chair of the Forum will be:

a) Ostend the representation of the Forum.

b) Exercise the direction of the Forum.

c) Ensure compliance with laws.

d) Call the plenary sessions, chair them and moderate the development of the debates.

e) Set the agenda for the meetings, taking into account, where appropriate, the requests of the members of the Forum, formulated in good time.

f) To vote, in case of a tie, with your vote.

g) Vising the minutes and certifications of the Forum agreements.

h) All other functions that are intrinsic to your status as the Forum president.

3. In cases of vacancy, absence, illness or other legal cause, he shall first serve as the first Vice-President and, in the absence of the latter, the second vice-president.

Article 6. Of the vice-presidents.

1. A representative elected by and among the members of the associations of immigrants and refugees and the social organizations of support, represented at the Forum, will be the first vice president of the Forum. Second vice-president, the head of the General Directorate for Integration of Immigrants in the Ministry of Labour and Social Affairs.

2. It is for the Vice-Presidents:

(a) Replace, in his order, the president in the cases of vacancy, absence or illness, exercising the functions assigned to him.

b) How many other functions are delegated to them by the president.

3. The Vice President's role will not be delegated. In the event of vacancy, absence, illness or other legal cause of the President and both Vice-Presidents, the Chair of the Forum shall be the person appointed by the Minister of Labour and Social Affairs, on a proposal from the Secretary of State for Immigration and Emigration, from among the rest of the members of the Forum.

Article 7. From the secretariat of the Forum.

1. The Secretariat of the Forum shall be the head of the General Secretariat for Institutional Relations of the Directorate-General for the Integration of Immigrants.

2. It is up to the Forum secretariat:

a) Attend plenary meetings, with a voice but no vote, as well as designate the person to represent you in the working groups that are timely set up.

b) To hold the sessions of the Forum on the order of its president, as well as the summons to the members.

c) Receive the communications that the Forum's vowels raise, as well as how many notifications, acknowledgements, excuses for assistance, requests for data, corrections or any other kinds of writing that are refer to the Forum.

(d) to provide the other members of the Forum with the information and technical assistance necessary for the exercise of the tasks entrusted to them by the other members of the Forum.

e) Develop and authorize the minutes of the Forum sessions and issue the corresponding certifications.

f) How many others are inherent in your secretary's condition.

Article 8. Of the vowels.

The Forum consists of the following vowels:

1. Six representatives of the General Administration of the State:

(a) By the Ministry of Foreign Affairs and Cooperation, the person holding the Directorate-General for Consular Affairs and Assistance.

(b) By the Ministry of the Interior, a representative with the rank of Director General, appointed by the Minister of the Interior Ministry.

(c) By the Ministry of Education and Science, the head of the Directorate-General for Education, Vocational Training and Educational Innovation.

(d) By the Ministry of Labour and Social Affairs, the head of the Directorate-General for Integration of Immigrants and the head of the Directorate-General of the Women's Institute.

e) By the Ministry of Public Administrations, the head of the Directorate-General for Human Resources, Economic Programming and Peripheral Administration.

2. Two representatives of the Administrations of the Autonomous Communities, who will be appointed by the Superior Council of Immigration Policy.

3. Two representatives of the local administration, who will be appointed by the Superior Council for Immigration Policy.

4. Ten, representing immigrants and refugees, through their associations, based on criteria of proportional distribution of the zones of origin of the same.

5. Ten, representing the social support organisations, of which six of the non-governmental organisations related to immigrants and refugees, two representing the trade unions and two representing the most representative business organizations.

Article 9. Designation of vowels on behalf of immigrant and refugee associations and social support organizations.

1. Representatives of immigrant and refugee associations, as well as non-governmental organisations, whose activity is related to such groups, shall be appointed by the Minister for Labour and Social Affairs, on a proposal from the Commission. of the Secretary of State for Immigration and Emigration, among the applications submitted by them, and on the basis of the results of the selection process of those entities, referred to in the following paragraph.

The selection of the associations and non-governmental organizations that will be able to contribute representatives to the Forum will be done through a public call procedure carried out through the Order of the Minister of Labor and Social, according to the following objective criteria:

a) Statutory ends of the association or organization in accordance with the objective of achieving the integration of immigrant persons.

b) Territorial deployment of organisations and associations at the state level or at least occupying a pre-eminent position in a number of territorial areas.

c) Experience and trajectory in the development of programs aimed at the social integration of immigrant people.

(d) In the case of programmes carried out by means of public subsidies, the effectiveness and efficiency of the programmes shall be assessed, taking into account those granted in the last three years, with the expression of the amounts granted and justification for the costs incurred.

e) Structure and management capability.

(f) In the designation of associations of immigrants and refugees, the representativeness in relation to the number of immigrants in Spain will be taken into account, valuing the plurality and diversity of this collective.

2. Of the ten vowels who will represent the social organizations of support, two vowels will be represented by the trade union organizations and two of the business organizations. These four vowels shall be representatives of the most representative trade union and business organisations, with interest and implementation in the field of immigration and their designation shall be carried out in accordance with paragraph 1, once performed the selection process to which it refers.

Article 10. Function of the vowels.

Corresponds to Forum Vocals:

a) Participate in the discussions and make proposals related to the purposes and functions of the Forum.

b) Participate in the work groups that are constituted.

(c) Exercise the right to vote, and may include in the minutes its abstention or particular vote. Representatives of public administrations may not abstain from voting.

d) Access the information needed to be able to perform its functions. To this end, they shall make in writing the appropriate request addressed to the Forum secretariat.

e) Formulate pleas and questions.

f) How many other functions are intrinsic to the voice condition.

Article 11. Pleading and duration of the vowels ' command.

1. An alternate shall be appointed for each vowel.

2. The term of office of vowels, who are not representatives of public administrations, shall be three years.

3. Vowels who are not representatives of public administrations shall lose their status as such:

a) By expiration of the command.

b) By dissolution or legal incapacity of the entity they represent.

c) By resignation of the entity, accepted by the Minister of Labour and Social Affairs, to be communicated to the secretariat of the Forum.

d) By resignation of the vowel, accepted by the Minister of Labour and Social Affairs, to be communicated to the secretariat of the Forum.

e) For unjustified inattendance at three consecutive or five alternate sessions, within the duration of the mandate.

f) For any other reason that prevents you from exercising the functions you have assigned to you.

4. In the event that they lose their status as vowels for any of the reasons set out in subparagraphs (b) and (c) above, they shall designate new vowels in accordance with the procedure laid down in Article 9.

When the status of vowel is lost to any of the causes referred to in paragraphs (d), (e) and (f), a new vowel shall be designated by means of a proposal of the represented entity. In such cases, until the new vowel is appointed, the alternate vocal shall be allowed to perform his duties.

In all cases, the command of the new vowel will be extended for the remaining time until the completion of the three-year period corresponding to the titular vowel.

5. After the period of the term of office, the term of office shall be extended for the period until the new representatives are appointed effectively.

Article 12. Observers.

1. The plenary session of the Forum, in order to address shortcomings in areas not represented, may appoint observers for the development of its work, both in plenary and in its committees, which will have a voice but no vote. These observers will be representatives of social support organisations and/or associations whose activity, without being directly related to immigration, can help to improve the social integration of immigrants. Your total number may not exceed three.

2. Representatives of public administrations or international organisations may not be included as observers.

Article 13. Free of charge and financial compensation for attendance at meetings.

The exercise of their functions by the members of the Forum shall not imply the perception of any remuneration in such a way, with the exception of the indemnities of the vocal representatives of the associations and organisations social support, in the event that the meetings are held in a different location from the place of residence. Such allowances shall be established in accordance with the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for service reasons.

CHAPTER III

Operation

Article 14. Full.

1. The Forum shall hold at least two ordinary plenary sessions per year, which shall be convened by the President. The latter may also agree, where it considers it justified, or at the request of the majority of the members of the Forum, to call for extraordinary sessions.

2. The ordinary calls for the Forum shall be carried out in good time and at least 15 days before the date of the meeting. For overtime, this period may be reduced, which shall in no case be less than eight days before the date of the meeting.

3. The calls shall indicate the day, time and place, as well as the agenda, and include, where appropriate, the appropriate documentation for their prior study.

4. The first call will also announce the second call.

Article 15. Constitution of the plenum.

For the valid constitution of the plenary session, the presence of the president and secretary or, where appropriate, of those who replace him, and of the half, at least, of its members, will be required. The second call will be sufficient for the third part of its members to attend.

Article 16. Permanent commission.

The permanent commission, as the executive body of the Forum for the Social Integration of Immigrants for the Exercise of its Functions and Committed to Matters of Processing, Preparation or Study, will be formed by the Mr President, the Vice-Presidents, the Secretary and six other members of the plenary. Of the six members, four shall be appointed chairmen of the committees governed by Article 17. He shall perform tasks of support and advice to the President's duties when he meets the plenary session, as well as those assigned to him by the plenary.

Article 17. Commissions.

1. The plenary session of the Forum may constitute a maximum of four committees for the examination of the subjects covered by its competence.

2. The commissions shall be composed of a minimum of 7 and a maximum of 9 vowels, of which one shall be the chairman appointed by the plenum among the vowels of the standing committee. A secretary, who will be appointed by the Forum secretariat, will be part of these commissions.

3. The committees shall draw up reports or proposals which, for approval, shall be submitted to the plenary session and shall include the views of all members where they are not in agreement. They may call on experts in the subjects they seek to seek their advice.

Article 18. Working groups.

The plenary session of the Forum will be able to create, when it deems necessary and by a majority of its members, working groups to be entrusted with the study and analysis of specific topics. The plenary session shall decide, in the form of the working group, the object, purpose, composition and operation of the work group.

Additional disposition first. Deadline for the elaboration and approval of its rules of internal organisation and operation.

Within 3 months of its constitution, the plenary shall draw up and approve the rules of organisation and internal functioning of the Forum

Additional provision second. Application of the general administrative procedure legislation.

As not foreseen in this royal decree, the operation of the Forum will be governed by the provisions of Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Additional provision third. Funding.

For the performance of their duties, the Forum for the Social Integration of Immigrants will have the budgetary appropriations allocated by the Ministry of Labour and Social Affairs, without in any case being able to originate increase in public expenditure, except as provided for in Article 13 of this royal decree.

Single repeal provision. Regulatory repeal.

The Royal Decree 367/2001 of 4 April 2001, which regulates the composition, powers and the functioning of the Forum for the social integration of immigrants, is repealed.

Final disposition first. Faculty of development.

The Minister of Labour and Social Affairs is empowered to dictate how many provisions are necessary for the development and implementation of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, 16 January 2006.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ