The Ministry of Labor and Social Affairs promotes the creation of the State Council of the Gypsy People, as a collegiate and consultative body, to formalize the participation and collaboration of organizations related to the Roma population in the area of social welfare. This new consultative body aims to be a space for reflection and coordination between the various social actors, non-governmental organisations of the Roma associative movement and the General Administration of the State, and also has the aims to collect the aspirations, demands and proposals aimed at the comprehensive promotion of Roma and Roma and to advise on the planning of the actions proposed by the Administration. One of the guiding principles of the Council is to achieve the harmonious coexistence between the different groups and cultures that make up our society, proposing measures of action that allow to develop attitudes that enrich it in its diversity. The Council will also ensure equal opportunities, equal treatment, gender equality and non-discrimination against the Roma population. In its virtue, on the proposal of the Minister of Labour and Social Affairs, with the prior approval of the Minister of Public Administrations and prior deliberation of the Council of Ministers at its meeting on 22 July 2005,

D I S P O N G O:

Article 1. Creation and membership.

The State Council of the Roma People is created as a collegiate body for participation and advice in public policies, general and specific, that are in the integral development of the Roma population in Spain. The State Council of the Gypsy People is attached to the Ministry of Labour and Social Affairs through the Secretariat of State for Social Services, Families and Disability.

Article 2. Nature and purpose.

1. The State Council of the Gypsy People is the interministerial collegiate body of consultative and advisory character, in which the collaboration and cooperation of the Roma associative movement and the General Administration of the State are institutionalized, for the development of social welfare policies based on the development and comprehensive promotion of the Roma population.

2. The purpose of this body is to promote the participation and cooperation of the Roma associative movement in the development of general policies and in promoting the promotion of equal opportunities and equal treatment for men and women. the Roma population.

Article 3. Functions.

1. In order to achieve the objectives outlined, the State Council of the Gypsy People will carry out the following tasks: (a) propose and advise on measures for the comprehensive promotion of the Roma population, within the framework of the General administration of the State, incorporating the principle of mainstreaming.

b) Assessor on the design, development, evaluation and monitoring of Gypsy development plans. (c) To present initiatives in relation to the funds for programmes for the Roma population and for the distribution criteria. (d) to issue opinions and reports on those draft regulations and other initiatives relating to the Council's purposes which are subject to their consideration and which affect the Roma population and, in particular, the development of equal opportunities and equal treatment. (e) Promote communication and exchange of views and information between the Roma population and society at large. f) Canalize the requests and proposals of the non-governmental organizations whose activity is related to the Roma population and with the overcoming of inequalities, with a view to facilitating the coexistence and social cohesion among the citizenry gitana and society in general. (g) to collect information on regulations, programmes and activities carried out by the General Administration of the State in respect of the Roma community, extending this information to regulations and activities of local and regional authorities; of international bodies. (h) To promote studies on projects and programmes related to the comprehensive promotion of the Roma community and awareness-raising initiatives with regard to the coexistence with the Roma people. (i) to collaborate and cooperate with other similar councils and institutions of international, regional, local or similar scope that work in the defence of human rights. (j) Make appropriate proposals on policies, funds and programmes of the European Union and other international bodies and receive information, where appropriate, on Spanish positions and proposals in international fora (a) to the Roma population, without prejudice to the powers of the General Administration of the State in this field. (k) Develop a periodic report containing proposals aimed at improving social policies with the Roma community. (l) Develop any other functions attributed to it and result from the implementation of the Gypsy development plans and those which, within the scope of their powers, are attributed to the Council by any legal or regulatory provision.

2. All the functions listed above are attributed without prejudice to those which correspond to other legally established bodies of representation and participation.

Article 4. Composition.

The Gypsy People's State Council is made up of the president, two vice presidents, 40 vowels and one secretary.

Article 5. President.

1. The President of the Council shall be the head of the Secretariat of State for Social Services, Families and Disabilities.

2. Corresponds to the president:

(a) Lead, promote and coordinate the Council's action.

b) Represent and exercise the actions that correspond to the State Council of the Gypsy People. (c) agree to the convening of the ordinary and extraordinary sessions of the plenary session and the establishment of the agenda for the sessions, taking into account the proposals and requests of its members. (d) to preside over plenary sessions and to moderate the development of debates and to suspend them for justified reasons. (e) Vellar for compliance with the current regulations. (f) to view the minutes and certificates of the Council's agreements. g) Carry out any other functions inherent in his or her status as president.

Article 6. Vice-Presidents

1. He shall first be the head of the Directorate-General for Social Services and Dependence, who shall replace the President in the event of a vacancy, absence or illness.

2. A representative of the Roma associative movement, elected by and among the members of the organisations represented in the Council, shall be the second vice-president, who shall also elect an alternate for cases of absence, vacancy or disease. 3. In addition to the functions referred to in paragraph 1, the first vice-president shall carry out those tasks delegated to them by the president and any other of his condition.

Article 7. Vocals.

1. They shall be members of the Council, taking account of gender-balanced participation: (a) 20 vowels representing the General Administration of the State according to their competence in matters directly or indirectly related to the Roma population, in accordance with the following distribution: 1. Social Affairs: two representatives of the Directorate-General for Social Services and Dependence, a representative of the Directorate-General for Families and Children, a representative of the Directorate-General for the Coordination of Sectoral Policies on Disability, a representative of the Institute of Older and Social Services, a representative of the Secretariat of State for Social Security, a representative of the Secretariat of State for Immigration and Emigration, a representative of the General Secretariat of Employment, a representative of the General Secretariat for Equality and a representative of the Youth Institute.

2. Other departments, a representative of the following ministries: Foreign Affairs and Cooperation, Justice, Economy and Finance, Interior, Education and Science, the Presidency, and the Public, Culture, Health and Consumer Affairs and Housing.

(b) 20 members representing the organisations of the Roma associative movement, two of which will be from women's organisations and two from youth organisations.

The non-governmental organizations in the Roma association movement are included in the statutes that provide for the promotion and improvement of the quality of life of the Roma population.

2. In the development of their position, the vowels are empowered to: (a) Participate in the debates, make proposals and raise recommendations.

b) Participate in the preparation of reports and opinions in the terms that, in each case, the plenary agrees. (c) exercise their right to vote and make their own vote, as well as express the sense of their vote and the reasons for them. (d) Form pleas and questions. e) Get accurate information to fulfill the assigned functions. (f) To exercise any other functions inherent in his or her status as vowels.

3. In no case shall the vowels be assigned the representation or powers of the Council, unless expressly granted to them by agreement of the collegiate body and for specific cases.

4. The appointment of the members of the State Council of the Gypsy People shall be governed by the following procedure

(a) The vowels representing the General Administration of the State shall be appointed by the President of the Council, on the proposal of the respective departments.

b) The members of the Roma associative movement shall be appointed by the President of the Council on a proposal from the relevant organisation. The selection of non-governmental organisations which can provide representatives to the Council will be made in accordance with a public call procedure carried out through the Order of the Minister for Labour and Social Affairs.

5. For each of the members of the Council, the President shall appoint an alternate to replace the holder in the event of absence, vacancy or illness. The duration of the substitutions shall be limited to the time of the term of office of the replaced vowel.

Article 8. Secretary.

1. He shall act as secretary, with a voice but without a vote, the holder of the Subdirectorate-General for Social Programs, of the Directorate-General for Social Services and Dependence, who may be assisted by the support staff necessary for the performance of his/her tasks.

2. Corresponds to the Secretary:

(a) Attend meetings of the Council bodies.

b) Call the sessions, accompanying the agenda at least 48 hours in advance, on the order of its president, as well as sending the summons to the members of the Council. In any case, the information on the items on the agenda shall be made available to the secretariat of the Council at the disposal of its members. (c) to receive the acts of communication of the members with the organs of the Council and, therefore, the notifications, requests for data, corrections or any other kind of writing from which they must be aware. (d) to prepare for the dispatch of the cases, to draft and to authorize the minutes of the sessions. (e) To issue certifications for the consultations, opinions and agreements approved. f) Carry out any other functions inherent in his/her status as secretary.

Article 9. Operation.

1. The Gypsy People's State Council will function in plenary and in the Standing Committee. The seat of the Council shall be that of the Ministry of Labour and Social Affairs.

2. The Gypsy People's State Council may set up committees or working groups for the best performance of its purposes, which may be invited to selected experts on the basis of the subject matter at each meeting. 3. For the best exercise of its functions, the State Council may have its own rules of operation, within the requirements of this royal decree, to be approved by the plenary.

Article 10. Full of the State Council of the Gypsy People.

1. It will be the role of the plenary: (a) to establish the general lines of action of the Council.

(b) To extend the consultations that are made to it by the ministerial departments or other entities, in matters relating to the Roma population. (c) to request the necessary information on the matters covered by the Council's competence, in accordance with Article 3. (d) To elect the members of the Permanent Commission in accordance with the criteria of proportionality and representation of the plenary session. (e) Establishing committees and working groups for the preparation of studies, reports, proposals and the development of activities on the subject of their competence. (f) Approve the motions for resolutions which, drawn up by the Standing Committee, were presented to it. (g) Approve the Council's rules of procedure. (h) Approve the periodic report of the Council.

2. At least two ordinary sessions per year shall be held by the Plenary of the State Council of the Gypsy People, and may be held in extraordinary sessions whenever the President calls it on his own initiative or at the request of one-third of its members.

Article 11. Standing Committee.

1. The Standing Committee is the executive body of the Council, which is responsible for promoting the development of its functions and the achievement of its aims. It is also for the coordination of the working groups and the raising of reports and proposals to the plenary, in relation to the tasks assigned to the Council.

2. The Permanent Commission shall consist of a president, 12 members and the secretary. 3. Chairman of the Standing Committee shall be the first Vice-President of the Council. 4. They are vocal of the Standing Committee:

(a) Six of those who participate in the plenary session representing the General Administration of the State: two representatives of the Ministry of Labour and Social Affairs and one representative of each of the following ministries: Education and Science, Culture, Health and Consumer Affairs and Housing.

b) Six representatives of the organisations of the Roma associative movement, chosen from among those who are part of the Council's plenary session.

5. He shall act as secretary, with a voice but no vote, whichever is the Council's plenary.

6. The Standing Committee shall hold at least two ordinary sessions a year, and may meet in extraordinary session whenever the President calls it on his own initiative or at the request of one third of its members.

Article 12. Duration of the mandate.

1. The mandate of the members of the State Council of the Gypsy People will last four years.

2. After the end of the term of office, the Council shall be dissolved and renewed; however, the outgoing Council shall remain in office until the new members are appointed.

Article 13. Renewal of the Council.

The renewal of the vowels shall be carried out in accordance with the procedure referred to in Article 7.

Article 14. Cessation of the membership of the Council.

1. The vowels of the Council shall cease for any of the following reasons: (a) Renunciation of the organization to which it represents.

b) Renunciation of the named vowel. (c) Where the requirements for their designation are no longer met. (d) When he ceases to be a member of the organization to which he represents. (e) For a serious breach of its obligations, on a proposal from the Council, adopted by a qualified majority of two thirds. (f) By dissolution of the organization represented in the Council.

2. The competence for the cessation of membership is the responsibility of the President of the Council.

3. A vacancy shall be covered by the appointment of the President of the Council, on a proposal from the President of the Council, as laid down in Article 7. 4. Until the vacancy has been filled, the vocal member shall be replaced by his alternate.

Additional disposition first. Applicable rules.

Without prejudice to the peculiarities provided for in the Rules of Procedure adopted by the Plenary Session, the State Council of the Gypsy People shall comply with the rules of organization and operation established for the organs The Court of Justice of the European Communities, in Chapter II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Additional provision second. Financing.

The operating cost of the State Council of the Gypsy People will be serviced by the existing credits in the Ministry of Labor and Social Affairs, without the need for the increase of its global endowment.

Single repeal provision. Regulatory repeal.

Any provision of equal or lower rank is repealed that opposes the provisions of this royal decree.

Final disposition first. Faculty of development.

The Minister of Labor and Social Affairs is authorized to make any necessary provisions for the development and execution of the provisions 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 Palma de Mallorca, on July 22, 2005.

JOHN CARLOS R.

The Minister of Labour and Social Affairs, JESUS CALDERA SANCHEZ-CAPTAIN