JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

I

Article 149.1.18 of the Constitution gives the State exclusive competence to establish the basis of the legal system of public administrations. This competition materialised, as far as the local administration is concerned, with the promulgation of Law 7/1985 of 2 April, Regulatory of the Bases of the Local Regime (hereinafter LRBRL), without prejudice to the existence of other basic norms in other normative texts, as is the case with some of the provisions of Royal Decree 781/1986 of 18 April 1986 approving the recast of the laws in force in the field of local arrangements.

The LRBRL substantially followed the traditional Spanish local administration model, especially as far as municipalities are concerned, and this is evident in such relevant aspects as the organic-functional system or the powers of the local authorities. This law, on the other hand, has been the subject of numerous partial reforms, the most important of them, without a doubt, the one operated by Law 11/1999, of 21 April, within the measures for the development of the local government, promoted by the Government of the Nation in the framework of the so-called "Local Pact".

Singularly, there are two areas in which the LRBRL was quickly overwhelmed by the demands of a dynamic and rich local life, deeply influenced by the important social, economic and cultural transformations that have been experiencing the Spanish municipalities for the last few decades: the organic-functional model, weighed by a corporatist perception of local politics, and the rigid uniforself, contemplating all or most of the municipalities, irrespective of their demography and complexity, as deserving organisations of a uniform legal treatment.

With regard to the first of the areas indicated, the aforementioned Law 11/1999 came to substantially modify the distribution of attributions between the necessary organs, in order to strengthen the managing functions and The Committee on the Economic and Social Committee adopted the opinion of the Committee on the Economic and Social Committee on the subject of the report. This reform was complemented by those of other laws, and in particular with that of the Organic Law 5/1985 of 19 June, of the General Electoral Regime, which substantially improved the design of the motion of censure and introduced the so-called "confidence motion".

One of the major shortcomings of the LRBRL was overcome, and the positive experience of the implementation of the 1999 reform of the local regime shows that the most successful approach is to deepen the same line, so that it can Two objectives simultaneously follow:

1. Atend to the need for clear and diaphanous leadership to society, which demands executives with great management capacity to act quickly and effectively.

2. To respond to the demand for an open and creative political debate on the main policies of the city, as well as to deepen the control of the action of a strengthened executive, which implies that the plenary will develop its Deliberative and audit potential.

Second, the Spanish local regime has traditionally been characterised, as has already been highlighted, by an excessive single-forself, heir to the continental model of local administration in which it is clearly inserted. This trend has meant that, with the exception of the so-called "open council" regime, which is itself of the very low population, there has been and is essentially a common system, which, with few singularities taking into account the demographic dimension, configures a substantially similar organic-functional model for all the municipalities, being practically the same for those that barely exceed 5,000 inhabitants as for those who have several hundred thousand and even millions.

II

this one-of-a-kind, the largest Spanish cities have been particularly resentful, which have been demanding a legal regime that would allow them to face their enormous complexity as political-administrative structures. In fact, the urban government has not received sufficient specific treatment in our legal order, as a result of this traditional unitary treatment that has characterized our local regime. In the local legislation of the previous political system the possibility of a special regime of Charter, which was virtually unpublished, was provided for, however, by means of special laws of 1960 and 1963. of Barcelona and Madrid, respectively, that did not really contain great innovations, limited, substantially, to reinforce the figure of the mayor, to create the figure of the delegates of service, to consecrate the territorial division in districts and to operate certain retouches in the hacendistic regime.

The establishment of the democratic system in Spain, and the establishment of the so-called "State of the Autonomies", led to a competitive distribution in the area of the local regime in which the State reserves the basic legislation in the (a) the development legislation is a matter for the autonomous communities. In this context, the LRBRL, as has already been highlighted, has come, on the one hand, to maintain the traditional single-formist criterion of our local regime, and although it provides for the possibility of special schemes, it does not directly regulate any, except for the The Council of the European Union, the Council of the European Union and the Council of the European Union, of the European Parliament and of the Council of the European Parliament, of the European Parliament and of the Council, another, to attribute to the autonomous communities the regulation of the metropolitan areas.

In short, as a whole, and taking into account the whole of Spanish municipalities with a large population, it cannot be said that the local legal system has so far responded to a sufficient degree of In the case of the Commission, the Commission has been able to take the necessary steps to ensure that the rules of the local basic system are regulated and that the necessary regulatory reforms are addressed in this area. the needs experienced by the Spanish language, in order to be able to cope with the same in the context of a dynamic and constantly evolving society.

This is precisely why the Government, through the Minister of Public Administration, sent a detailed report on the Great Cities, which has served as a basis to a detailed report, to the Senate Committee of Local Authorities in October 2001. A broad debate on the delimitation of such urban phenomena and the specific needs of their government and administration, the conclusions of which must be taken into account in the reform of the local Spanish regime. The result of this is the new organic-functional model provided for in this law for municipalities with large population.

On the other hand, after 18 years of validity, certain shortcomings and dysfunctions have been revealed in the regulation of certain aspects in the LRBRL, which together with the desirable consolidation of our entities It advises to undertake a number of changes in specific areas.

In this sense, it has manifested itself as insufficient, because of its merely declarative nature, the treatment of citizen participation in the LRBRL. In this third area, there is a clear continental tendency to strengthen the possibilities of participation and the impact of citizens in the local government, in order to avoid or correct, in the context of a globalized world, the remoteness of the citizens of public life. In this area, it is important to point out that there is a need to increase the participation and involvement of citizens in local public life, which is not in any way contradictory to the previous ones, but rather, complements and enriches them. And while it is true that in this area there are wide margins for the authority of the local authorities to self-organize, it is also true that the basic state legislation must contain concrete minimum standards that allow for the effectiveness of such participation.

The absence of legal coverage for the sanctioning of local entities in the absence of sectoral legislation is also noteworthy; the lack of and overcome regulation of the forms of management of services local public in the basic state legislation, or the excessive demand for a special quorum to approve the tax ordinances, so linked to the budget, which is approved by simple majority.

III

Without prejudice that the ultimate goal should be the development of a new Local Administration Bases Act, which will be an appropriate instrument for our local governments to address the complex challenges they face. I would like to thank the President-in-Office of the Council for his excellent work, and I would like to thank the President-in-Office of the Council for his excellent work, and I would like to thank him for his excellent work. modernization, which responds to unavoidable needs.

To this end, this Law of Measures for the Modernization of Local Government has been elaborated, the most relevant aspects of which are set out below.

In his article first, a series of reforms are introduced in the LRBRL article, which affect all local entities or certain classes of them, whether they are municipalities, municipalities or provinces, according to the cases. In addition, certain precepts are added and two new titles are added to the LRBRL.

Within this first block of measures, the role of the municipalities of municipalities in our local system is strengthened, so that, on the one hand, the regulation of their powers is improved, clarifying that their determination, in the In the context of the legislation applicable to each of them, it is up to the municipalities to establish the possibility that they may be created between municipalities of different autonomous communities, in the terms of their respective legislations.

In terms of organization, it should be noted that the Government Commission is renamed the "Local Government Board", an expression that tends to highlight the executive nature of the organization.

In the field of local competences, it should be noted that the allocation to the provinces of functions in the field of cooperation in the promotion of economic and social development and strategic planning in the territory This is particularly important, since it links directly to a set of activities of increasing importance in contemporary local governments, in particular in the field of public administration, in particular in the field of public health. the fact that the Provincial Diputations have already become increasingly involved during the Last years. This provincial competence is particularly necessary in rural areas, where the implementation of local development policies is producing excellent results.

In the matter of the legal regime, the most important novelty is the suppression of the quorum of the vote of the absolute majority of the members who legally compose the full entity for the approval of the ordinances. Tax, at all excessive lights, passing on to demand the same as the one required for the approval of the budgets.

In terms of citizen participation, minimum standards are established that constitute the necessary mechanisms for their empowerment: the establishment of the need for organic regulations in all municipalities in the area of for the participation of citizens, who determine and regulate the appropriate procedures and mechanisms to make it effective; the necessary application of new information and communication technologies interactively, to facilitate participation and communication with the neighbours, as well as to facilitate the implementation of administrative procedures and the introduction into the basic legislation on local regime of citizens ' initiatives, which can be an important participatory instrument, which can even give rise to popular consultations.

In short, the various participatory mechanisms created and driven by the law, both in general and those that will later be pointed out for the municipalities to which the title X of the law is applied, place to our local regime in the advanced line of promotion of the participation that is acquiring body throughout the continent, promoted by the Council of Europe, and from which it is an important manifestation the recommendation of its Committee of Ministers Rec (2001) 19, which has served as a source of inspiration for this reform.

In the field of management of local public services, a new classification of the various forms of management is established, incorporating to the local area a figure that the experience has shown to be effective in other administrations public, such as business public entities. On the other hand, the necessary substantial regulation of the autonomous agencies and of the commercial companies with public social capital, until now only partially regulated in regulatory norms, is incorporated into the law.

In addition, cross-border consortia are incorporated into our basic legislation of local regime as an associative mechanism which can be used in an activity of increasing importance such as cross-border cooperation our local entities.

The law powers the mechanisms of inter-administrative cooperation, updating the regulation of the National Commission of Local Administration, in order to make its functioning more flexible.

The creation of the organs of cooperation between the General Administration of the State and the Administration of the Autonomous Communities provided for in Article 5 of Law 30/1992, in the field of local regime, is also promoted. existence is necessary as a forum for cooperation between the public administrations involved in all relevant matters of local governance.

IV

The law introduces two new titles in the LRBRL, concerning, respectively, the regime of organization of the municipalities of large population and the classification of the infractions and sanctions in certain matters.

In the new title X of the LRBRL a specific organic regime is established for the municipalities with population of more than 250,000 inhabitants, the capitals of province of population of more than 175,000 inhabitants, the municipalities capital of the province, regional capital or headquarters of autonomous institutions and municipalities whose population exceeds 75,000 inhabitants, who present special economic, social, historical or cultural circumstances, but in both In the last few cases, the corresponding legislative assemblies are required to be decided. The rules contained in Chapters II and III of Title X will also apply to the Canary Island Cabilos of Islands with a population of more than 175,000 inhabitants, and to the remaining Island Cabildos of Islands whose population is above 75,000 inhabitants, provided that the Canarian Parliament at the initiative of the Plenos of the respective Cabildos so decides by law.

Chapter II of this Title addresses the organization and operation of the municipalities to which the scheme is addressed, regulating its necessary bodies-the plenary session, the plenary committees, the mayor, the mayor and the mayor. Local Government Board-as well as the territorial division in districts, the higher and managerial bodies, legal advice, citizen participation mechanisms, the city's Social Council and the Special Committee on Suggestions and Complaints.

As far as the plenary is concerned, the most relevant innovations are, without a doubt, the possibility that the Mayor will delegate the presidency to any councillor, the removal of his executive or administrative functions, which will be concentrate on the organs of such a nature, and the possibility of delegating resolutive functions to the Commissions.

With this set of measures, the plenary is set up as a real debate body for the great local policies that affect the municipality and the adoption of strategic decisions.

As far as the Mayor is concerned, he is the principal organ of policy, government and municipal administration, having, along with the symbolic functions, such as the maximum representation of the municipality, those executive powers necessary for the development of such a function.

The Mayor thus configured has fewer managerial or executive powers than the Mayor of the common regime, because in the case of the municipalities mentioned in Title X of the LRBRL, a Local Government Board is being profiled. "strong", which replaces the Government Commission, which is endowed with broad executive functions, and which is constituted as an essential collegial organ of collaboration in the political direction of the City Council.

This Local Government Board, whose members are freely appointed and terminated by the Mayor, presents as novelty that up to a third, at most, of its members, excluding the Mayor, may be persons who do not have the Councillors ' condition. The executive profile of this body is thus strengthened.

On the other hand, this configuration is totally uncardinable in the European legal model of local government, designed in its essential aspects in the European Charter of Local Autonomy, whose article 3.2 provides that the Local collegial elected members "may have executive organs accountable to themselves".

As for the districts, which constitute an essential instrument for the development of policies of proximity and participation in the highly populated municipalities, both from the perspective of the deconcentration of functions and From that of the citizen participation, it is established its necessary character, and each City Council must establish the minimum percentage of its resources to be managed by districts.

The law also regulates legal advice, requiring for its holder the status of an official with a national status or career official of any public administration and the degree of licentiate in Right.

This chapter also contains a classification of the municipal higher bodies, which are the Mayor and the members of the Local Government Board, and those of a managerial nature.

The establishment of the so-called Social Council of the city should also be highlighted, as a participatory mechanism of consultative character of the main economic and social organizations of the municipality, focused essentially on the field of local development and urban strategic planning, areas which are becoming essential in local policies.

Finally, another relevant innovation in the organizational field is the establishment of an organ for the participation of neighbors and the defense of their rights. The law has emphasized this area by providing for the need for this defense to be guaranteed by the creation of a Committee on Suggestions and Complaints, which will be formed by members of the plenary, with the participation of all the groups. politicians.

Chapter III of this Title X regulates the organization of economic and financial management, establishing the principles of the aforementioned management in the municipalities referred to in this law, providing for the creation of one or more organs. for the exercise of the functions of budgeting, accounting, treasury and collection, and in any case attributing the public function of the control and internal audit of the economic and budgetary management to the municipal general intervention. This separation and redistribution of functions tries to offer a response to the complexity that they present in these municipalities, which makes it advisable to adopt this new model.

Both the holder of the General Intervention and that of the organ or organs that carry out the functions of accounting, treasury and collection must be officials of local administration with a national rating, respecting the consolidated traditional criterion of functions reserved for reasons of supralocal interest to the officials of this Scale.

There is also a provision for a specialised body for the knowledge and resolution of complaints about local tax competition, whose composition and operation are intended to ensure competition. This is a very important matter for the European Parliament and the Council. This body can be an important instrument for making the defence of citizens ' rights cheaper and more effective in a sensitive and relevant area such as taxation, as well as for reducing conflict in the EU. administrative-administrative, with the consequent relief of the workload to which the organs of this jurisdiction are subjected.

Another substantial new development for these municipalities, which is foreseen in one of the additional provisions added to the LRBRL, is the creation of an Urban Observatory for the monitoring of the evolution of the quality of urban life, introducing, for the first time, instruments of comparative analysis of results in our local regime.

Finally, the new title XI of the LRBRL comes to deal with another unavoidable aspect of the legal regime of the local authorities, in regulating the classification of the infractions and sanctions by the local entities in certain materials. In fact, the need to fill the legal gap in the field of municipal sanctioning powers in those areas where there is no support in sectoral legislation could not be delayed for longer, by establishing criteria for the classification of infringements and the corresponding scales of penalties to ensure that the functions of this nature are properly developed, in accordance with the requirements of the principle of legality adapted to local singularities, and always in the defence of the coexistence of citizens in matters of local interest and of services and Municipal patrimony, in accordance with the doctrine established by the judgment of the Constitutional Court 132/2001, of 8 June. This regulation is supplemented by the necessary amendment of Articles 127.1 and 129.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The Law is of a basic nature by virtue of the powers conferred on the State by Article 149.1.18

Article first. Amendment of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime.

By this law certain precepts of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, are amended, the title of Title IX of that law is amended, new precepts are introduced and two are added new titles in the same, in the following terms:

1. Articles 4, 12, 13, 18, 19, 20, 21, 22, 23, 24, 32, 33.3, 34.1.c), k) and m), 34.2, 35, 36, 41, 44, 47, 52.2.a), 70, 73.3, 85, 87, 108 and 117, number 7 of the second provision and the fifth additional provision of the Act are amended. 7/1985 of 2 April, regulating the bases of the Local Regime, which are worded as follows:

" Article 4.

1. In their capacity as public administrations of a territorial nature, and within the sphere of their competences, they correspond in any case to the municipalities, the provinces and the islands:

a) Regulatory and self-organization powers.

b) Tax and financial powers.

c) The power of scheduling or scheduling.

d) The expropriatory powers and the investigation, the unlinde and the recovery of their goods.

e) The presumption of legitimacy and the enforceability of their actions.

f) The powers of enforced and sanctioning execution.

g) The power to review their acts and agreements on their own.

(h) The prelations and preferences and other prerogatives recognized by the Public Finance for the appropriations of the same, without prejudice to those corresponding to the State and Autonomous Communities ' finances; the inembargability of their property and rights in the terms provided for in the laws.

2. The provisions of the preceding number may apply to territorial entities which are lower than the municipal level and also to the districts, metropolitan areas and other local authorities, and the laws of the autonomous communities specify which of the powers shall be applicable, except in the case of the manor communities, which are governed by the provisions of the following paragraph.

3. They correspond to the municipalities of municipalities, for the provision of the services or the execution of the works of their competence, the powers referred to in paragraph 1 of this Article which determine their Statutes. In the absence of a statutory provision, all the powers listed in that paragraph shall correspond to them, provided that they are precise for the purpose of their purpose, and in accordance with the law applicable to each of those powers, in both cases. "

" Article 12.

1. The municipal term is the territory in which the city council exercises its powers.

2. Each municipality shall belong to a single province. '

" Article 13.

1. The creation or deletion of municipalities, as well as the alteration of municipal terms, will be regulated by the legislation of the autonomous communities on local government, without the alteration of municipal terms being able to assume, in any case, modification of the provincial boundaries. They shall in any case require hearing from the municipalities concerned and the opinion of the State Council or the higher advisory body of the Governing Councils of the Autonomous Communities, if any. At the same time the request for this opinion shall be given to the General Administration of the State.

2. The creation of new municipalities can only be carried out on the basis of territorially differentiated population centres and provided that the resulting municipalities have sufficient resources for the implementation of the municipal and do not reduce the quality of the services that were being provided.

3. Without prejudice to the powers of the autonomous communities, the State may, on the basis of geographical, social, economic and cultural criteria, lay down measures to promote the merger of municipalities in order to improve capacity management of local public affairs. "

" Article 18.

1. They are rights and duties of neighbors:

a) Being elector and eligible in accordance with the provisions of the electoral legislation.

b) Participate in the municipal administration in accordance with the provisions of the laws and, where appropriate, when the collaboration with a voluntary nature of the neighbors is interested in the organs of government and municipal administration.

c) Use, in accordance with their nature, municipal public services, and access communal advantage, in accordance with applicable rules.

d) Contribute by means of the legal and personal benefits legally provided for in the implementation of the municipal powers.

e) To be informed, upon reasoned request, and to direct requests to the municipal administration in relation to all municipal records and documentation, as provided for in Article 105 of the Constitution.

f) Order the popular query in the terms provided for in the law.

g) Require the provision and, where appropriate, the establishment of the relevant public service, in the event of constituting a mandatory municipal competence.

h) Exercise the popular initiative in accordance with the terms of Article 70a.

i) Those other rights and duties set forth in the laws.

2. The registration of foreigners in the municipal register will not constitute proof of their legal residence in Spain nor will they attribute any rights that do not confer on them the legislation in force, especially in matters of rights and freedoms of the foreigners in Spain. "

" Article 19.

1. The government and the municipal administration, except in those municipalities that are legally operating under the Open Council, correspond to the city council, which is composed of the Mayor and the Councilors.

2. The councillors are elected by universal, equal, free, direct and secret suffrage, and the Mayor is elected by the Councilors or by the neighbors all in terms of the general electoral legislation.

3. The arrangements for the organisation of the municipalities referred to in Title X of this Law shall be in accordance with the provisions of that law. As not provided for in that Title, the common system governed by the following Articles shall apply. '

" Article 20.

1. The municipal organization responds to the following rules:

a) The Mayor, the Mayor and the Plenary are all in town.

b) The Local Government Board exists in all municipalities with a population of more than 5,000 inhabitants and in the least, where the organic regulation so provides, or as the plenary session of its city council agrees.

(c) In the municipalities of more than 5,000 inhabitants, and in those of the least in which the organic regulation so provides or the plenary agrees, there will be, if its autonomous legislation does not provide in this area another organizational form, organs the purpose of the study, report or consultation of the cases to be submitted to the decision of the plenary session, as well as the monitoring of the management of the Mayor, the Local Government Board and the councillors holding delegations, without prejudice of the powers of control which correspond to the plenary session. All the political groups belonging to the corporation will have the right to participate in these bodies, through the presence of councillors belonging to them in proportion to the number of councillors they have in the plenary.

(d) The Special Committee on Suggestions and Claims exists in the municipalities mentioned in Title X, and in others in which the plenary so agrees, by the favourable vote of the absolute majority of the legal number of its members. Member States, or their organic regulation so provides.

e) The Special Commission of Accounts exists in all municipalities, in accordance with the structure provided for in Article 116.

2. The laws of the Autonomous Communities on the local regime may establish a municipal organization complementary to that provided for in the preceding number.

3. The municipalities themselves, in the organic regulations, may establish and regulate other complementary bodies, in accordance with the provisions of this Article and the laws of the autonomous communities referred to in the preceding number. "

" Article 21.

1. The Mayor is the Chairman of the Corporation and holds the following attributions:

a) Direct government and municipal administration.

b) Represent the city council.

c) Call and chair the plenary sessions, except for the assumptions provided for in this law and in the general election legislation of the Local Government Board, and any other municipal bodies when it is established in legal or regulatory provision, and to decide the draws with a quality vote.

d) Lead, inspect and boost municipal services and works.

e) Dictate sides.

(f) The development of economic management in accordance with the approved budget, expenditure within the limits of its competence, the conclusion of credit operations, excluding those referred to in Article 158.5 of the Law 39/1988 of 28 December 1988 on the Regulatory of Local Government, provided that these are provided for in the budget and the amount accumulated within each financial year does not exceed 10% of its ordinary resources, except those of the cash flow to which the cumulative amount of the operations is carried out at any time does not exceed 15 percent of the current income settled in the previous financial year, order payments and account for all of this in accordance with the provisions of the Local Government Regulatory Law.

g) Approve the public employment offer in accordance with the Budget and the template approved by the plenary, approve the basis of the tests for the selection of the staff and for the competitions for the provision of jobs and distribute any additional remuneration that is not fixed and periodic.

(h) to perform the senior leadership of all staff, and to agree on their appointment and sanctions, including the separation of the service of the Corporation officials and the dismissal of the workforce, giving the full account, in these last two cases, in the first session I held. This attribution shall be without prejudice to the provisions of Articles 99.1 and 3 of this Law.

i) Exercise the leadership of the Municipal Police.

j) The approvals of the development planning instruments of general planning not expressly attributed to the plenary, as well as the instruments of urban management and urbanization projects.

(k) The exercise of judicial and administrative actions and the defence of the town hall in matters falling within its competence, even where it has delegated them to another body, and, in cases of urgency, in matters of jurisdiction of the plenary session, in this case giving an account to it in the first session it holds for its ratification.

l) The initiative to propose to the plenary the declaration of lesivity in matters of the competence of the Mayor.

m) Adopt personally, and under their responsibility, in the event of a disaster or public misfortunes or serious risk of them, the necessary and appropriate measures giving immediate account to the plenary.

n) Punish the faults of disobedience to their authority or for violation of the municipal ordinances, except in cases where such power is attributed to other organs.

(n) Contracts and concessions of any kind where their amount does not exceed 10% of the ordinary resources of the budget, nor, in any case, the six million euro, including those of a multi-annual nature, when their duration is not more than four years, provided that the cumulative amount of all their annuities does not exceed the percentage indicated, referred to the ordinary resources of the budget for the first financial year, or the amount indicated.

o) Approval of works and services projects when competent for their procurement or concession and are provided for in the budget.

p) The acquisition of goods and rights when their value does not exceed 10 percent of the ordinary resources of the budget and the three million euros, as well as the disposal of the assets that does not exceed the percentage or the amount indicated in the following assumptions:

1. The real estate, as long as it is expected in the budget.

2. The property of movable property, except those declared of historical or artistic value whose disposal is not provided for in the budget.

q) The granting of the licenses, unless the sectoral laws expressly attribute it to the Plenary or the Local Government Board.

r) Order publication, execution, and enforce the City Council's agreements.

s) The others expressly attribute to it the laws and those that the legislation of the State or the autonomous communities assign to the municipality and do not attribute to other municipal bodies.

2. It is also up to the Mayor to appoint the Mayor's lieutenants.

3. The Mayor may delegate the exercise of his powers, except those of convening and chairing the sessions of the Plenary and the Local Government Board, deciding the ties with the vote of quality, the coordination of credit operations, the leadership (a) the staff of the staff, the separation of staff from the staff and the dismissal of the staff, and those set out in paragraphs (a), (e), (j), (k), (l) and (m) of this Article. However, it may delegate to the Local Government Board the exercise of the powers referred to in paragraph (j). '

" Article 22.

1. The plenary session, composed of all the councillors, is chaired by the Mayor.

2. In any case, the following powers are in full:

a) The control and control of the governing bodies.

(b) Agreements concerning participation in supra-municipal organizations; alteration of the municipal term; creation or deletion of municipalities and entities referred to in Article 45; establishment of bodies unconcentrated alteration of the capital of the municipality and the change of name of the municipality or of those entities and the adoption or modification of its flag, teaches or shield.

(c) The initial approval of general planning and approval to terminate the municipal processing of plans and other management instruments provided for in urban legislation.

d) The approval of the organic regulation and the ordinances.

(e) The determination of the own resources of a tax nature; the approval and modification of the budgets, and the provision of expenditure in respect of their competence and the approval of accounts; the provisions of the Local Government Regulatory Law.

f) The approval of the management forms of the services and the cases of the municipality.

g) The acceptance of the delegation of competencies by other public administrations.

h) The approach of conflicts of competence to other local entities and other public administrations.

(i) The approval of the establishment plan and the employment relationship, the fixing of the amount of the fixed and periodic supplementary remuneration of the officials and the number and arrangements of the staff.

j) The exercise of judicial and administrative actions and the defense of the corporation in matters of plenary competence.

k) The declaration of lesivity of City Council acts.

l) The alteration of the legal status of public domain goods.

(m) The concertation of credit operations whose cumulative amount, within each financial year, exceeds 10% of the ordinary resources of the Budget-except cash resources, which will be allocated to it when the cumulative amount of live operations at each moment exceeds 15 per cent of the current income settled in the previous financial year-all in accordance with the provisions of the Local Government Regulatory Law.

n) Contracts and concessions of all kinds when their amount exceeds 10% of the ordinary resources of the budget and, in any case, the six million euros, as well as the contracts and multiannual concessions where the duration is longer than four years and the multi-annual periods of shorter duration where the cumulative amount of all their annuities exceeds the percentage indicated, referred to the ordinary resources of the budget for the first financial year and, in any case, where it is higher than the amount indicated in this letter.

n) Approval of works and services projects when competent for their procurement or concession, and when they are not yet foreseen in the budgets.

o) The acquisition of goods and rights when their value exceeds 10% of the ordinary resources of the budget and, in any case, when it exceeds three million euros, as well as the property assets in the Assumptions:

1. º In the case of real estate or movable property that is declared of historical or artistic value, and is not provided for in the Budget.

2. º When provided in the Budget, they exceed the same percentages and amounts indicated for the acquisitions of goods.

(p) Those other than those required to correspond to the plenum for requiring approval by a special majority.

q) Other than expressly confide to you the laws.

3. It is also up to the plenary to vote on the motion of censure on the Mayor and on the question of confidence raised by him, which will be public and will be made by means of a nominal appeal in any event, and are governed by the provisions of the general election legislation.

4. The plenary may delegate the exercise of its powers to the Mayor and to the Local Government Board, except as set out in paragraph 2, paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (l) and (p), and in paragraph 3 of this Article. "

" Article 23.

1. The Local Government Board is integrated by the Mayor and a number of Councilors not more than one third of the legal number of the same, appointed and separated freely by the one, giving the account to the plenary.

2. Corresponds to the Local Government Board:

(a) Assistance to the Mayor in the exercise of his/her duties.

(b) The privileges that the Mayor or other municipal authority delegates to or attribute to the law.

3. The Mayor's deputies replace, by the order of their appointment and in the cases of vacancy, absence or illness, the Mayor, being freely appointed and removed by him from among the members of the Local Government Board and, where he is not exists, from among the Councilors.

4. The Mayor may delegate the exercise of certain privileges to the members of the Local Government Board and, where the latter does not exist, in the Mayor's Office, without prejudice to the special delegations which, for specific tasks, may to do so in favor of any Councilors, even if they did not belong to that. "

" Article 24.

1. In order to facilitate citizen participation in the management of local affairs and to improve local affairs, the municipalities may establish territorial organs of management, with the organization, functions and competences that each municipality has confide, taking into account the characteristics of the settlement of the population in the municipality, without prejudice to the unit of government and management of the municipality.

2. In the municipalities referred to in Article 121, the deconcentrated management system provided for in Article 128 shall apply. '

" Article 32.

The provincial organization responds to the following rules:

1. The President, the Vice-Presidents, the Governing Board and the Plenary are all in the Diputations.

2. In addition, there will be in all the Member States bodies which have as their object the study, report or consultation of the cases to be submitted to the decision of the plenary, as well as the follow-up of the administration of the President, the Governing Board and the Members holding delegations, provided that the respective regional legislation does not provide for a different organisational form in this field and without prejudice to the powers of control which correspond to the plenary session.

All the political groups belonging to the corporation will have the right to participate in these bodies, through the presence of deputies belonging to them, in proportion to the number of deputies they have in the plenary.

3. The rest of the supplementary bodies of the former are established and regulated by the Diputations themselves. However, the laws of the Autonomous Communities on local government may establish a provincial organization complementary to that provided for in this legal text. "

" Article 33.

3. It is also up to the plenary to vote on the motion of censure on the President and on the question of confidence raised by him, which will be public and will be made by means of a nominal appeal in any event, and are governed by the provisions of the general election legislation. "

" Article 34.1.

(c) To convene and preside at the plenary sessions, except for the assumptions provided for in this Law and in the general electoral legislation, of the Government Board and any other organ of the Diputación, and to decide the voting draws of quality.

(k) Contracts and concessions of any kind, where their amount does not exceed 10% of the ordinary resources of the budget or, in any case, the six million euro, including those of a multiannual nature when their duration is not more than four years, provided that the cumulative amount of all their annuities does not exceed the percentage indicated, referred to the ordinary budget resources of the first financial year, or the amount indicated.

m) The acquisition of goods and rights where their value does not exceed 10% of the ordinary resources of the budget or the three million euro, as well as the disposal of assets that does not exceed the percentage and the amount indicated in the following assumptions:

The real estate, as long as it is expected in the quote.

That of movable property, except those declared of historical or artistic value whose disposal is not provided for in the budget. "

" Article 34.2.

2. The President may delegate the exercise of his powers, except to convene and preside at the sessions of the Plenary and the Governing Board, to decide the ties with the vote of quality, to arrange for credit operations, the top leadership of the entire personnel, separation from the service of officials and dismissal of the staff, and those set out in paragraphs (a), (i) and (j) of the preceding number. "

" Article 35.

1. The Governing Board shall be composed of the President and a number of Members not exceeding one third of the legal number of Members, appointed and freely separated by the Board, giving the full account to the Plenary.

2. Corresponds to the Governing Board:

(a) Assistance to the President in the exercise of his/her duties.

b) The privileges that the President may delegate to him or the laws.

3. The President may delegate the exercise of certain powers to the members of the Governing Board, without prejudice to special delegations which may be made by specific tasks in favour of any Members, although not belonged to the Governing Board.

4. The Vice-Presidents shall replace, on the order of their appointment and in the case of vacancy, absence or illness, the President, being freely appointed by him among the members of the Governing Board. "

" Article 36.

1. It is the Diputación's own powers that attribute to them, in this concept, the laws of the State and the autonomous communities in the different sectors of public action, and in any case:

(a) The coordination of municipal services to each other for the guarantee of the comprehensive and adequate provision referred to in Article 31 (2) (a).

b) Legal, economic and technical assistance and cooperation to the Municipalities, especially those of lower economic and managerial capacity.

c) The provision of public services of a supramunicial character and, where appropriate, supracharcal.

d) Cooperation in the promotion of economic and social development and in planning in the provincial territory, in accordance with the competences of the other Public Administrations in this field.

e) In general, the promotion and management of the peculiar interests of the province.

2. For the purposes of paragraphs (a) and (b) of the preceding number, the Diputación:

a) Approves annually a provincial plan of cooperation to the works and services of municipal competence, in whose elaboration the municipalities of the province must participate. The plan, which must contain a justification for its objectives and the criteria for the distribution of funds, criteria which must in any case be objective and equitable, may be financed by means of the Diputación. municipal contributions and grants to be agreed between the Autonomous Community and the State from their respective budgets. Without prejudice to the competences recognized in the Statutes of Autonomy and the previously assumed and ratified by these, the autonomous community ensures, in its territory, the coordination of the various provincial plans, according to provided for in Article 59 of this Law.

The State and the Autonomous Community, where applicable, may subject their grants to certain criteria and conditions in their use or employment.

b) Secure access of the population of the province to all the minimum services of municipal competence and the greatest efficiency and economy in the provision of these services through any formulas of assistance and cooperation municipal. To this end, the Diputations may award grants and aid from their own funds for the implementation and maintenance of municipal works and services that will be used through special plans or other instruments. specific. "

" Article 41.

1. The Canary Island Cabildos, as governing bodies, administration and representation of each island, are governed by the rules contained in the additional fourteenth provision of this law and supplanted by the rules governing the organization and the functioning of the Provincial Diputations, assuming the powers of the Provincial Diputations, without prejudice to the provisions of the Statute of Autonomy of the Canary Islands.

2. In the Canary Islands, the inter-island provincial communities remain exclusively as organs of representation and expression of the provincial interests. These organs are made up of the presidents of the island Cabildos of the provinces concerned, presiding over them of the Cabildo de la Isla in which the capital of the province is located.

3. The Island Councils of the Balearic Islands, to which the rules of this law governing the organization and operation of the Provincial Diputations are applicable, assume their powers in accordance with the provisions of this Law and those that correspond, in accordance with the Statute of Autonomy of the Balearic Islands. "

" Article 44.

1. Municipalities are recognised as having the right to partner with others in communities for the joint execution of certain works and services of their competence.

2. The communities have personality and legal capacity for the fulfillment of their specific purposes and are governed by their own statutes. The Statutes should regulate the territorial scope of the entity, its object and competence, governing bodies and resources, the length of time and how many other ends are necessary for its operation.

In any case, the governing bodies will be representative of the municipalities.

3. The procedure for the approval of the statutes of the communities shall be determined by the legislation of the Autonomous Communities and shall, in any case, be adjusted to the following rules:

a) The elaboration will be the responsibility of the councilors of all the municipalities promoting the community, constituted in assembly.

b) The Diputación or Provincial Diputations concerned shall issue a report on the draft statutes.

c) The Plenes of all councils approve the statutes.

4. A similar procedure will be followed for the modification or deletion of communities.

5. Municipalities belonging to different autonomous communities may be integrated into the same community, provided that the regulations of the autonomous communities concerned permit. "

" Article 47.

1. The agreements of the local authorities are adopted, as a general rule, by a simple majority of the members present. There is a simple majority when affirmative votes are more than negative.

2. A favorable vote of the absolute majority of the legal number of members of the corporations is required for the adoption of agreements in the following matters:

a) Creating and deleting municipalities and altering municipal terms.

b) Creation, modification and deletion of the entities referred to in Article 45 of this Law.

c) Approval of the municipal term delimitation.

d) Alteration of the name and capital of the municipality.

e) Adoption or modification of your flag, teach or shield.

f) Approval and modification of the corporation's own organic regulations.

g) Creation, modification or dissolution of communities or other associative organizations, as well as adherence to them and the approval and modification of their statutes.

(h) Transfer of functions or activities to other public administrations, as well as the acceptance of the delegations or management tasks carried out by other administrations, except by law compulsorily

i) Cession for any title of the use of communal goods.

(j) Transfer of goods or services for more than five years, provided that their value exceeds 20% of the ordinary resources of the budget.

k) Municipalities or provincialization of activities under monopoly and approval of the specific form of management of the service concerned.

(l) Financial or credit operations approvals and concessions of quitas or waits, when their amount exceeds 10 percent of the ordinary resources of their budget, as well as the credit operations provided for in the Article 158.5 of Law 39/1988, of 28 December, regulating local farms.

ll) The agreements to be made by the corporation in the processing of the general planning instruments provided for in the urban legislation.

m) Disposal of goods, where their amount exceeds 20% of the ordinary resources of their budget.

n) Alteration of the legal status of demanial or communal goods.

n) Free transfer of goods to other administrations or public institutions.

or) The remaining ones determined by law.

3. The rules for the adoption of agreements in the municipalities referred to in Article 121 of this Law are those contained in Article 123 (2). "

" Article 52.2.

(a) The plenary session, the Mayors or the Presidents and the Government Boards, except in exceptional cases where a sectoral law requires the subsequent approval of the State Administration or the Autonomous Community, or when where appropriate, in the cases referred to in Article 27.2. '

" Article 70.

1. The plenary sessions of the local corporations are public. However, the debate and vote on matters which may affect the fundamental right of the citizens referred to in Article 18.1 of the Constitution may be secret, where it is agreed by an absolute majority.

Local Government Board sessions are not public.

2. Agreements that are adopted by local corporations are published or reported in the form provided for by the Law. The ordinances, including the provisions of the rules of urban planning, as well as the agreements corresponding to those whose final approval is the responsibility of the local authorities, will be published in the "Official Gazette" of the province and not shall enter into force until the full publication of its text and the time limit laid down in Article 65.2 has elapsed, with the exception of the budgets and tax ordinances which are published and enter into force in the terms laid down in the Law 39/1988, of 28 December, regulating the local farms. Public administrations with urban planning should have, at the disposal of the citizens who request it, full copies of the planning in force in their territorial scope.

3. All citizens have the right to obtain copies and certifications of the agreements of the local corporations and their antecedents, as well as to consult the archives and records in the terms provided by the development legislation. of Article 105 (b) of the Constitution. The refusal or limitation of this right, in all matters concerning the security and defence of the State, the investigation of the crimes or the privacy of the persons, shall be verified by means of a reasoned decision. "

" Article 73.3.

For the purposes of corporate action, members of local corporations will be formed in political groups, in the form and with the rights and obligations that will be established with the exception of those who do not integrate. in the political group constituting the electoral formation by which they were elected or who leave their group of provenance, who shall have the consideration of non-attached members.

The corporation's plenary session, with the annual budget of the corporation, will be able to assign to the political groups an economic envelope that will have a fixed component, identical for all the groups and another variable, in the role of the number of members of each of them, within the limits which, where appropriate, are to be established in general in the General Budget Laws of the State and without being able to be used for the payment of remuneration of staff of any type at the service of the corporation or the acquisition of goods which may constitute fixed assets of patrimonial character.

The economic and political rights of non-attached members may not be higher than those which would have been vested in them to remain in the group of provenance, and shall be exercised in the manner determined by the organic regulation. of each corporation.

This forecast will not be applicable in the case of candidates submitted as an electoral coalition, when one of the political parties that integrates it decides to abandon it.

The political groups shall bear a specific accounting of the allocation referred to in the second subparagraph of this paragraph 3, which they shall make available to the Corporation's plenary, provided that it so requests.

subhead] When the majority of the councilors of a municipal political group abandon the political formation that presented the candidacy for which they participated in the elections or are expelled from the elections, they will be the councilors that The legitimate members of the political group will remain in this political formation for all purposes. In any event, the secretary of the corporation may address the legal representative of the political formation who submitted the corresponding candidacy for the purpose of notifying the accreditation of the circumstances indicated. "

" Article 85.

1. Local public services are provided by local authorities in the field of their competencies.

2. The public services of local competition may be managed in one of the following ways:

A) Direct management:

a) Management by the local entity itself.

b) Local stand-alone body.

c) Local business public entity.

(d) a local market company, the social capital of which is wholly owned by the local entity or a public entity of the local entity.

B) Indirect management, by means of the various forms provided for the public service management contract in Article 156 of the recast of the Law on Public Administrations, approved by the Royal Legislative Decree 2/2000 of 16 June.

3. In no case may public services involving the exercise of authority be provided by indirect management or by a commercial company of exclusively local social capital. "

" Article 87.

1. Local authorities may constitute consortia with other public administrations for purposes of common interest or with private non-profit entities pursuing the public interest, concurrent with those of the general government. public.

2. The consortia may be used for the management of local public services within the framework of the cross-border cooperation agreements involving the local authorities in Spain, and in accordance with the provisions of the conventions. international ratifies by Spain in this field. "

" Article 108.

Against acts on the application and effectiveness of local taxes, and on the other revenues of local authorities ' public law, such as non-tax public property benefits, prices (a) public authorities, and fines and pecuniary penalties, shall be provided for the replacement facility specifically provided for in the Law on Local Government. Such an appeal shall be of a potential nature in the municipalities referred to in Title X of this Law. "

" Article 117.

1. The National Local Administration Commission is the permanent organ for collaboration between the General Administration of the State and the local administration.

2. The Commission shall be composed, under the chairmanship of the Minister of Public Administration, by an equal number of representatives of the local authorities and the General Administration of the State. The designation of the representatives of the local authorities corresponds in any case to the state-wide association with the highest implementation.

Its composition, operation and arrangements for the adoption of agreements will be determined, by means of a royal decree approved by the Council of Ministers, on a proposal from the Minister of Public Administration.

3. The Commission shall meet at the request of its President on its own initiative or at the request of the local representation. Their meetings may be attended by representatives of the Autonomous Communities, when convened by their President.

4. The Plenary of the National Commission of Local Administration may delegate functions to its Subcommittees, with the exception of the report of the preliminary draft laws on the following matters:

a) Basic local regime rule.

b) Local Haciendas.

c) Organic Laws affecting the Local Administration. "

" Additional Disposition Second.

7. In accordance with the additional provision of the Constitution and Articles 10.4 and 37 of the Statute of Autonomy of the Basque Country, it is up to the foral institutions of the Historical Territories to convene, exclusively for their territory, the contests referred to in Article 99.1, for seats vacant in that territory. Such calls may also be published in the "Official Gazette" of the respective Historical Territory and in the "Official Gazette of the Basque Country".

Also, in accordance with the provisions mentioned in the preceding paragraph, it is for the foral institutions of the Historical Territories to have the power provided for in the penultimate paragraph of Article 99.1 of the officials referred to in Article 92.3. '

" Additional disposal fifth.

1. Local authorities may constitute associations, at the state or regional level, for the protection and promotion of their common interests, to which their specific rules will apply and, as far as is not provided for in the legislation of the State in question. associations.

2. Associations of local authorities shall be governed by their statutes, approved by the representatives of the associated entities, which shall ensure the participation of their members in the associative tasks and the representativeness of their Government bodies. Likewise, the periodicity with which the Ordinary General Assemblies should be held shall be indicated in the statutes, if the periodicity is higher than that provided for, in general, in Article 11.3 of the Organic Law 1/2002, 22 March, the regulator of the law of association.

3. Such associations may, in the field of their functions, conclude agreements with the various public administrations. "

2. Title IX of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, becomes known as "Organizations for the Cooperation between the Public Administrations in the Area of Local Administration".

3. The following precepts are added in Law 7/1985, of April 2, regulating the Bases of the Local Regime, with the following content:

" Article 70a.

1. The local authorities must establish and regulate in organic rules procedures and appropriate bodies for the effective participation of the neighbours in the affairs of local public life, both in the area of the municipality as a whole and in that of the districts, in the event that the territorial divisions exist in the municipality.

2. The people who enjoy the right to vote in municipal elections will be able to exercise the popular initiative, presenting proposals for agreements or actions or projects of regulations in matters of municipal competence. initiatives must be signed at least by the following percentage of the municipality's neighbours:

a) Up to 5,000 inhabitants, 20 percent.

b) From 5,001 to 20,000 inhabitants, 15 percent.

c) From 20,001 inhabitants, 10 percent.

Such initiatives should be subject to debate and vote in plenary, without prejudice to the fact that they are resolved by the competent body for the reason of the matter. In any case, the council secretary's prior legality report will be required, as well as the interventor's report when the initiative affects the rights and obligations of the city council's economic content. In the municipalities referred to in Article 121 of this Law, the report of legality shall be issued by the Secretary-General of the Plenary and when the initiative affects rights and obligations of economic content, the report shall be issued by the Municipal general controller.

The provisions of this paragraph are without prejudice to the autonomic legislation in this field.

Such initiatives may include a proposal for local popular consultation, which will be dealt with in such a case by the procedure and with the requirements set out in Article 71.

3. In addition, local authorities and, in particular, municipalities, should encourage the interactive use of information and communication technologies to facilitate participation and communication with the neighbours, for the presentation of the of documents and for the completion of administrative procedures, surveys and, where appropriate, citizen consultations.

the Provincial Diputations, Cabildos and Island Councils will collaborate with the municipalities that, because of their insufficient economic and management capacity, cannot develop in sufficient degree the duty established in this area. paragraph. "

" Article 85a.

1. The direct management of local competition services through the forms of local autonomous bodies and local business entities shall be governed, respectively, by Articles 45 to 52 and 53 to 60 of the Law. 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, as soon as they are applicable to them, with the following specialties:

(a) Its creation, modification, recasting and deletion shall be the responsibility of the local entity, who shall approve its statutes. They shall be attached to a local authority, area or body of the local authority, but in the case of business public entities, they may also be assigned to a local autonomous body. Exceptionally, there may be business public entities whose statutes assign them the function of directing or coordinating other entities of the same or different nature.

(b) The head of the highest management body of the same shall be a career or work officer of the public administrations or a private sector professional, graduates in both cases, and with more than five years of professional practice in the second. In the municipalities referred to in Title X, it shall be considered as a management body.

(c) A governing council shall exist in the local autonomous bodies, the composition of which shall be determined in its statutes.

(d) A board of directors, whose composition is to be determined in its Statutes, shall exist in the local business entities. The Secretary of the Board of Directors, who must be a public official required for his or her higher degree, shall exercise the functions of public faith and legal advice of the unipersonal and collegiate bodies of the entities.

e) The determination and modification of the remuneration conditions, both of the management staff and the rest of the staff, must be adjusted in any case to the rules adopted by the plenary or the governing board, according to the corresponds.

(f) They shall be subject to specific controls on the evolution of personnel costs and the management of their human resources by the corresponding local authority, area or body of the local authority.

g) Your inventory of goods and rights shall be transmitted annually to the local authority, area or body of the local entity.

(h) The authorisation of the local authority, area or equivalent body of the local entity to which they are assigned shall be required to conclude contracts with a value higher than the amounts previously fixed by that institution.

i) They shall be subject to effective control by the local authority, area or body of the local entity to which they are attached.

(j) Any other reference to State organs made in Law 6/1997 of 14 April, and other applicable State rules, shall be understood as being carried out by the competent bodies of the local authority.

The references made in this article to the Governing Board shall be construed as being made to the plenary session in the municipalities where the latter does not exist.

2. The statutes of local self-employed bodies and local business public entities shall comprise the following:

(a) The determination of the highest governing bodies of the body, whether they are one-personal or a collegiate body, as well as their form of designation, with respect in any case to the provisions of the previous paragraph, with the indication of those acts and resolutions that deplete the administrative path.

(b) The functions and powers of the body, with an indication of the general administrative powers that it may exercise.

(c) In the case of business public entities, the statutes shall also determine the bodies entrusted with the exercise of administrative powers.

(d) The assets assigned to them for the fulfilment of their purposes and the economic resources to be financed by the body.

e) The human resources, heritage and procurement regime.

(f) The budgetary, economic and financial system, accounting, intervention, financial control and effectiveness control, which will in any case be in accordance with the legislation on local farms and with the provisions of the Chapter III of Title X of this Law.

3. The statutes shall be approved and published in advance of the effective functioning of the relevant public body. "

" Article 85 ter.

1. Local commercial companies shall be governed in full, irrespective of their legal form, by the private legal system, except in the areas in which the budgetary, accounting, financial control, financial control rules apply to them. effectiveness and procurement control, and without prejudice to the provisions set out in the following paragraph of this Article.

2. The company must adopt one of the forms of a limited liability company, and in the deed of incorporation the capital must be provided in full by the local entity or a public entity of the same.

3. The statutes shall determine the form of designation and the functioning of the General Board and the Board of Directors, as well as the maximum management bodies of the Board. "

" Article 120a.

The State will promote collaboration with the autonomous communities in order to create joint cooperation bodies in the field of local regime, both under the legal form of a Sectoral Conference and other the provisions of Article 5 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. '

" Additional disposal octave. Specialties of the functions corresponding to the officials of Local Administration with national empowerment in the municipalities included in the scope of the application of Title X and in the Island Lobbies regulated in the Additional disposition fourteenth.

In the municipalities falling within the scope of Title X of this Act and in the Canary Island Lobbyists Regulated in the additional provision fourteenth, the following rules shall apply:

(a) The functions reserved in that title to the national administration officials with a national rating shall be performed by officials of the subscales that correspond, in accordance with the provisions of the regulatory regulations.

(b) The provision of the posts reserved for these officials shall be made by the systems provided for in Article 99 of this Law and in the regulatory provisions for development and shall in any event require a prior call for tenders. public.

(c) The functions which the general election law assigns to the secretaries of the municipalities, as well as the holding and custody of the register of interests of members of the Corporation, shall be exercised by the secretary of the Full.

(d) The functions of public faith in the acts and agreements of the single-person bodies and the other functions of public faith, except those which are attributed to the secretary-general of the plenary, to the councilmember of the Board of Local Government and the secretary of the management board of the business public entities shall be exercised by the holder of the support body to the secretary of the Local Government Board, without prejudice to the fact that he may delegate his exercise to other officials of the city council.

e) The functions which the law on public administration contracts assigns to the secretaries of the municipalities, shall correspond to the holder of legal advice, except those of formalization of contracts in administrative document.

f) The secretary-general of the plenary session and the head of the board of support to the secretary of the local government, within their respective areas of action, shall forward to the administration of the State and to that of the community a copy or, where appropriate, an extract, of the acts and agreements of the decision-making bodies of the city council. "

" Additional provision ninth. Urban observatory.

For the purpose of knowing and analyzing the evolution of the quality of life in the municipalities regulated in Title X of this Law, through the monitoring of the indicators that will be determined regulatorily, the Government will create an Urban Observatory, under the Ministry of Public Administrations. "

" Additional Disposition 10th. Local police.

In the framework of the provisions of the Organic Laws 6/1985, of July 1, of the Judiciary 2/1986, of March 13, of Forces and Security Corps; 1/1992, of 21 February, on the Protection of Citizen Security, and in the legal provisions governing the local regime, the participation of the local police bodies in the maintenance of citizen security, as police of proximity, as well as in the exercise of judicial police functions, will be strengthened, whose effects, by the Government of the Nation, will be promoted the necessary actions for the elaboration of a rule that defines and concreteness the material scope of such participation. "

" Additional Disposition 11th. Special scheme for municipalities with a large population.

The provisions contained in Title X for municipalities of large population shall prevail with respect to other rules of equal or lower rank in which they object, contradict or otherwise are incompatible. "

" Additional Disposition 12th. Reordering of commercial companies.

1. In the case of the establishment of a business public entity with the function of directing or coordinating other entities with the nature of a local market company, the incorporation, where appropriate, of ownership shares of the company the corporation or a public entity of the same to the business public entity, or from it to that one will be agreed by the plenary of the city council. The ownership change operations shall be fully effective from the Plenary Agreement which shall constitute evidence of the new ownership for all purposes. The shareholder shares received shall be recorded in the accounts of the new holder for the same accounting value as they had in the previous holder to the date of such agreement.

2. In addition, the aforementioned exchange of ownership transactions shall not be subject to the securities market legislation or the takeover bid regime and shall not give rise to the exercise of the right of withdrawal or any other right of (a) a preferential acquisition which would be held by other shareholders of the companies whose holdings are transferred or, where appropriate, third parties to those companies. In addition, the mere transfer and rearrangement of company shares to be carried out pursuant to this rule may not be understood as a cause for amendment or resolution of the legal relations which maintain such interests. companies.

3. All corporate transactions, changes in ownership and acts arising from the provisions of this provision will be exempt from any state tax, including taxes transferred to the Autonomous Communities, or local, without (a) the compensation referred to in the first subparagraph of Article 9 (2) of Law No 39/1988 of 28 December 1988 on the Regulatory of Local Authorities.

The tariffs of public and commercial property owners and operators involved in acts resulting from the implementation of this standard shall be reduced by 90 percent. "

" Additional Disposition thirteenth.

The government will take the necessary measures to make effective the participation of local authorities, through the most representative state-wide association, in the formation of the national will in the ascending phase. the process of drawing up all those Community policies which directly affect local competences. "

" Additional disposition fourteenth. Special regime for the organization of the Canary Island Cabildos.

1. The rules contained in Chapters II and III of Title X of this Act, except for Articles 128, 132 and 137, shall apply:

(a) To the Canary Island Cabildos of islands with a population of more than 175,000 inhabitants.

b) To the remaining Island Island Councils whose population is greater than 75,000 inhabitants, provided that this is decided by Law of the Canarian Parliament at the initiative of the Plenos of the respective Cabildos.

2. The Assembly, the President and the Council of Government will be the necessary island bodies of the Cabildos.

3. The references contained in Articles 122, 123, 124, 125 and 126 to the Mayor shall be construed as references to the President of the Cabildo; those contained in Articles 124, 125 and 127 to the Mayor's Office, to the Vice-Presidents; Articles 123, 126, 127, 129 and 130 to the Board of Local Government, to the Council of Government Insular and those contained in Articles 122, 124 and 126 to the Councilors, to the Directors.

4. The powers conferred on the bodies referred to in the preceding paragraph shall be taken by the respective island organ of the Cabildo, provided that they are not strictly municipal matters.

5. The Legal Advice, the Higher and the Directives and the Social Council, shall have the powers assigned to them in Articles 129, 130 and 131. The appointment of the holders of the Legal Counsel and the Management Bodies shall be made taking into account the requirements laid down in Articles 129 and 130. "

4. Two new Titles, the X and the XI, are added in Law 7/1985, of April 2, regulating the Bases of the Local Regime, with the following content:

" TITLE X

Organization regime for large population municipalities

CHAPTER I

Scope

Article 121. Scope of application.

1. The rules provided for in this Title shall apply:

(a) To municipalities whose population exceeds 250,000 inhabitants.

(b) To the capital cities of the province whose population is higher than 175,000 inhabitants.

c) To municipalities that are provincial capitals, regional capitals or headquarters of the autonomous institutions.

(d) Also, to municipalities whose population exceeds 75,000 inhabitants, who present special economic, social, historical or cultural circumstances.

In the cases provided for in paragraphs (c) and (d), the corresponding Legislative Assemblies shall be required to be decided upon by the respective local councils.

2. When a municipality, in accordance with the official population figures resulting from the review of the municipal register approved by the Government with reference to 1 January of the year preceding the beginning of each term of its town hall, reaches the the population required for the application of the scheme provided for in this Title, the new corporation shall have a maximum period of six months from its constitution to adapt its organisation to the content of the provisions of this Title.

For these purposes, only the population resulting from the indicated review of the register shall be taken into account, and not those corresponding to other years of each mandate.

3. The municipalities to which the scheme provided for in this Title shall apply shall continue to be governed by it even if their official population figure is subsequently reduced below the limit laid down in this Act.

CHAPTER II

Organization and operation of the necessary municipal bodies

Article 122. Organisation of the plenary session.

1. The plenum, formed by the Mayor and the Councilors, is the highest political representation of citizens in the municipal government.

2. The plenary session will be convened and presided over by the mayor, except in the cases provided for in this law and in the general electoral legislation, to which it is appropriate to decide the ties with a vote of quality. The Mayor may delegate only the convocation and the chairmanship of the plenary session, when he considers it appropriate, to one of the councilors.

3. The plenary will have its own rules of procedure, which will have the nature of organic. However, the regulation of their organisation and operation may also be contained in the municipal organic regulation.

In any case, the plenary will have a secretary general and have commissions, which will be formed by the members who appoint the political groups in proportion to the number of councillors they have in the plenary.

4. The following functions shall be assigned to the commissions:

(a) The study, report or consultation of the subjects to be submitted to the plenary decision.

b) The follow-up of the management of the Mayor and his government team, without prejudice to the superior control and oversight that, in general, corresponds to the plenary session.

c) Those that the plenum delegates to them, in accordance with the provisions of this law.

In any case, the forecasts contained in the plenary session in Article 46.2, paragraphs (b), (c) and (d) shall apply to these Commissions.

5. It shall be for the Secretary-General of the Plenary Session, which shall also be the committees, the following functions:

(a) The drafting and custody of the minutes, as well as the supervision and authorisation of the minutes, with the approval of the President of the Plenary Session.

(b) The issue, with the approval of the President of the Plenary, of the certifications of the acts and agreements to be adopted.

(c) Assistance to the President of the plenary session to ensure the convening of the sessions, the order in the debates and the proper conduct of the votes, as well as the cooperation in the normal development of the plenary and of the commissions.

d) The communication, publication and implementation of the plenary agreements.

e) Legal advice to the plenary and commissions, which will be required in the following cases:

1. When ordered by the President or at the request of one third of its members in good time for the conclusion of the session in which the matter is to be dealt with.

2. The subject matter of matters for which a special majority is required.

3. º When a law so requires in the matters of the plenary.

4. When, in the exercise of the function of control and oversight of the governing bodies, request the President or the fourth party, at least, from the Councilors.

These functions are reserved for local administration officials with national qualifications. His appointment shall be the responsibility of the President in the terms provided for in the eighth additional provision, having the same equalization as the management bodies provided for in Article 130 of this Law, without prejudice to the provisions of this Act. with regard to the organic rules governing the plenary session.

Article 123. Powers of the plenary session.

1. The following powers are given to the plenary:

a) The control and control of the governing bodies.

(b) The vote on the motion of censure on the Mayor and on the question of confidence raised by the Mayor, which will be published and made by a nominal appeal in any event and will be governed in all its aspects by the provisions of the general election legislation.

c) Approval and modification of regulations of organic nature. They will have in any case organic nature:

The regulation of the plenary.

The regulation of the city's Social Council.

The regulation of the Special Committee on Suggestions and Claims.

The regulation of complementary bodies and procedures for citizen participation.

The division of the municipality in districts, and the determination and regulation of the district's organs and the competencies of its representative and participatory bodies, without prejudice to the Mayor's determine the organisation and the competencies of its executive administration.

The determination of the essential levels of the municipal organization, understanding by such large areas of government, the general coordinators, directly dependent on the members of the Local Government Board, with coordination functions of the various Directorates-General or similar bodies integrated in the same area of government, and the management of the common services of these or other similar functions and the Directorates-General or similar bodies which completion of the administrative organisation, without prejudice to the responsibilities of the Mayor to determine the number of each such organ and to set lower levels of support.

The regulation of the body for the resolution of economic and administrative complaints.

d) Approval and modification of municipal ordinances and regulations.

e) Agreements concerning the delimitation and alteration of the municipal term; the creation or suppression of the entities referred to in Article 45 of this Law; the alteration of the capital of the municipality and the change of denomination of this or those Entities, and the adoption or modification of their flag, teaches or shield.

(f) Agreements concerning participation in supra-municipal organisations.

g) The determination of the own resources of a tax character.

h) The approval of the budgets, the staff template, as well as the authorization of expenditure in the matters of its competence. It shall also approve the general account for the financial year concerned.

i) The initial approval of general planning and approval to put an end to the municipal processing of plans and other management instruments provided for in urban legislation.

j) The transfer of functions or activities to other public administrations, as well as the acceptance of the delegations or management tasks carried out by other administrations, except by law compulsorily

k) The determination of the forms of management of the services, as well as the agreement of the creation of autonomous bodies, of public entities and of commercial companies for the management of the services of competition municipal, and the approval of the case files.

(l) The powers of ex officio review of their own acts and provisions of a general nature.

m) The exercise of judicial and administrative actions and the legal defense of the plenary in matters of its competence.

n) Establish the retributive regime of the members of the plenary, of its secretary-general, of the mayor, of the members of the Local Government Board and of the municipal governing bodies.

n) The approach of competing conflicts to other local entities and other public administrations.

or) Agree on the initiative provided for in the last paragraph of Article 121.1, so that the municipality can be included in the scope of Title X of this law.

p) The others expressly trust the laws.

2. A favourable vote shall be required of an absolute majority of the legal number of members of the plenary, for the adoption of the agreements referred to in paragraphs (c), (e), (f), (j) and (o) and for the arrangements to be adopted by the plenary in the proceedings of the General planning instruments provided for in urban legislation.

Other agreements shall be adopted by a simple majority of votes.

3. Only the powers of the plenary referred to in paragraphs (d), (k), (m) and (n) may be delegated in favour of the committees referred to in paragraph 4 of the previous article.

Article 124. The Mayor.

1. The Mayor has the highest representation of the municipality.

2. The Mayor is responsible for his political management in plenary.

3. The Mayor will have the treatment of Excellence.

4. In particular, it is for the Mayor to exercise the following functions:

a) Represent the city council.

b) To direct the policy, the government and the municipal administration, without prejudice to the collective action of collaboration in the political direction that, through the exercise of the executive and administrative functions that are attributed by this law, hold the Local Government Board.

c) Establish general guidelines for municipal government action and ensure their continuity.

d) Call and chair the plenary sessions and the Local Government Board sessions and decide on the draws with a quality vote.

e) Name and cease the Mayor's and the Presidents of the Districts.

f) Order the publication, execution and fulfillment of the agreements of the executive organs of the city council.

g) Dictate camps, decrees, and instructions.

h) Adopt the necessary and appropriate measures in cases of extraordinary and urgent need, giving immediate account to the plenary.

i) Exercise the senior management of the staff at the service of the municipal administration.

j) The Head of the Municipal Police.

(k) Establish the organisation and structure of the executive municipal administration, without prejudice to the powers conferred on the plenary in matters of municipal organisation, in accordance with the provisions of subparagraph (c) of paragraph 1. 1 of Article 123.

(l) The exercise of judicial and administrative action in the field of competition and, in the event of urgency, in matters falling within the competence of the plenary session, in this case by giving an account to it in the first session it holds for its ratification.

m) The craft review powers of your own acts.

n) The authorization and provision of expenses in matters of their competence.

n) Others expressly attribute to it the laws and those that the legislation of the State or the autonomous communities assign to the municipality and do not attribute to other municipal bodies.

5. The Mayor may delegate by decree the above powers to the Local Government Board, its members, the other councillors and, where appropriate, to the general coordinators, general directors or similar bodies, with the exception of (b), (e), (h) and (j), as well as the convening and chairing of the Local Government Board, the decision of the members of the Board of Governors with a vote of quality and that of the issuing of the parties. The privileges provided for in paragraphs (c) and (k) shall be delegated to the Local Government Board only.

Article 125. The Mayor's Lieutenants.

1. The Mayor may appoint among the councilors who are part of the Local Government Board to the Deputy Mayor, who will replace him, on the order of his appointment, in the cases of vacancy, absence or illness.

2. The Mayor's lieutenants will have the treatment of Ilustrisima.

Article 126. Organization of the Local Government Board.

1. The Local Government Board is the body which, under the chairmanship of the Mayor, collaborates in a collegial manner in the role of political leadership which it corresponds to and exerts the executive and administrative functions referred to in Article 127 of the this law.

2. It is up to the Mayor to freely appoint and separate the members of the Local Government Board, whose number may not exceed one-third of the legal number of members of the plenary, in addition to the Mayor.

The Mayor may appoint as members of the Local Government Board to persons who do not have the status of councilors, provided that their number does not exceed one-third of their members, excluding the mayor. Their economic rights and social benefits will be those of the elected members.

In any case, for the valid constitution of the Local Government Board it is required that the number of members of the Local Government Board that hold the status of councillors present is higher than the number of those members. present that do not have such a condition.

Members of the Local Government Board will be able to attend plenary sessions and intervene in the debates, without prejudice to the powers of their President.

3. The Local Government Board responds politically to the plenary of its management in solidarity, without prejudice to the direct responsibility of each of its members for its management.

4. The Secretariat of the Local Government Board will be responsible for one of its members, who will meet the status of a councilman, appointed by the Mayor, who will write the minutes of the sessions and certify on their agreements. There shall be an organ of support to the Local Government Board and to the Secretary-General of the Local Government, the holder of which shall be appointed among officials of local administration with a national rating. Its functions will be as follows:

a) Assistance to the Secretary of the Local Government Board.

b) The referral of the calls to the members of the Local Government Board.

c) The file and custody of the calls, agendas and minutes of meetings.

d) To see the correct and faithful communication of their agreements.

5. The deliberations of the Local Government Board are secret. Their sessions may be attended by the non-Board members and the heads of the governing bodies, in both cases when they are expressly called by the Mayor.

Article 127. Responsibilities of the Local Government Board.

1. Corresponds to the Local Government Board:

(a) The approval of draft ordinances and regulations, including organic ones, with the exception of the rules of the plenary and its committees.

b) The approval of the draft budget.

(c) The approval of projects for urban planning instruments whose final or provisional approval corresponds to the plenary session.

(d) The approvals of the development planning instruments of general planning not specifically attributed to the plenary, as well as the instruments of urban management and urbanization projects.

e) The granting of any type of licence, unless the sectoral legislation expressly gives it to another body.

(f) Contracts and concessions, including those of a multiannual nature, the extension of the number of annuities and the modification of the percentages of multiannual expenditure, as well as the management, acquisition and disposal of the assets, the concertation of credit operations, all in accordance with the budget and its implementation bases.

g) The development of economic management, the authorisation and disposal of expenditure in the area of its competence, the provision of expenses previously authorised by the plenary session, and the management of staff.

(h) Approve the employment relationship, the remuneration of staff in accordance with the budget approved by the plenary, the offer of public employment, the basis of the calls for selection and the provision of work, the number and arrangements of the staff, the separation of the service of the officials of the City Council, without prejudice to the provisions of Article 99 of this Law, the dismissal of the staff, the disciplinary system and the other personnel decisions which are not expressly attributed to another body.

The composition of the court of oppositions will be predominantly technical, with all its members having a level of qualification equal to or higher than the one required for admission to the places called. Its chairman may be appointed among the members of the Corporation or among the staff at the service of the public administrations.

(i) The appointment and termination of the heads of the management bodies of the municipal administration, without prejudice to the provisions of the additional eighth provision for officials of local administration with a rating of national character.

j) The exercise of judicial and administrative actions in the matter of their jurisdiction.

k) The powers of the review of their own acts.

l) Exercise sanctioning power except that by law it is attributed to another organ.

m) The others that correspond to you, in accordance with the legal provisions in force.

2. The Local Government Board may delegate to the Members of the Mayor, the other members of the Local Government Board, if any, in the other councillors, in the general coordinators, general directors or similar bodies, the functions (e), (f), (g), (h) with the exception of the approval of the employment relationship, the remuneration of the staff, the offer of public employment, the determination of the number and the arrangements for the staff and the staff. separation from the service of officials, and (l) of the previous paragraph.

Article 128. The districts.

1. The municipalities will have to create districts, as their own territorial divisions, endowed with organs of concentrated management, to promote and develop citizen participation in the management of municipal affairs and their improvement, without prejudice to the unit of government and management of the municipality.

2. The establishment of the districts and their regulation, in the terms and with the scope provided for in Article 123, as well as determining, in an organic standard, the minimum percentage of the resources, is the responsibility of the Corporation's plenary session. the budget of the corporation to be managed by the districts as a whole.

3. The district presidency will in any case correspond to a councillor.

Article 129. Legal advice.

1. Without prejudice to the functions reserved to the Secretary of the Plenary Session for the first paragraph of Article 122 (5) of this Law, there shall be an administrative body responsible for legal assistance to the Mayor, the Local Government Board and the management, understanding of legal advice and representation and defense in the judgment of the city council, without prejudice to the second paragraph of article 447 of Law 6/1985, of July 1, of the Judicial Branch.

2. Its holder shall be appointed and separated by the Local Government Board, among persons who meet the following requirements:

a) Be in possession of the degree in law.

(b) To provide for the status of a local administration official with a national rating, or a career official of the State, of the Autonomous Communities or of the local authorities, to whom it is required for their entered the title of doctor, graduate, engineer, architect or equivalent.

Article 130. Senior organs and managers.

1. The following are higher bodies and municipal managers:

A) Higher organs:

a) The Mayor.

b) Members of the Local Government Board.

B) Executive bodies:

a) The general coordinators of each area or council.

b) General managers or similar bodies culminating in the administrative organization within each of the large areas or aliases.

(c) The holder of the organ of support to the Local Government Board and to the secretary-general of the Board.

d) The holder of the legal advice.

e) The Secretary-General of the Plenary Session.

f) The municipal general controller.

g) Where appropriate, the holder of the tax management body.

2. They shall also have the consideration of management bodies, the holders of the maximum management bodies of the autonomous bodies and local business public entities, in accordance with the provisions of Article 85a, paragraph 1. b).

3. The appointment of the general coordinators and the Directors-General shall be carried out between career officials of the State, the Autonomous Communities, the local authorities or local administration officials with the national character, to which the title of doctor, graduate, engineer, architect or equivalent is required for entry, unless the plenary session, when determining the essential levels of the municipal organisation, in accordance with the provisions of the (c) allow, in the attention of the specific characteristics of the managerial post, its The holder does not meet that official status. In this case, the appointments must be made in a reasoned manner and according to criteria of professional competence and experience in the performance of positions of responsibility in public or private management.

4. The higher and managerial bodies are subject to the system of incompatibilities established in Law 53/1984 of 26 December, Incompatibilities of the staff at the service of the public administrations, and in other State autonomics that result from application.

Article 131. The Social Council of the City.

1. In the municipalities mentioned in this title, there will be a Social Council of the City, composed of representatives of the most representative economic, social, social, professional and neighboring organizations.

2. It will be up to this Council, in addition to the functions to be determined by the plenary by means of organic standards, the issuing of reports, studies and proposals on local economic development, strategic planning of the city and major projects. urban.

Article 132. Defense of the rights of the neighbors.

1. In order to defend the rights of the neighbors before the municipal administration, the plenary will create a special commission of suggestions and complaints, whose operation will be regulated in organic rules.

2. The Special Committee on Suggestions and Claims shall be composed of representatives of all the groups that comprise the plenary, in proportion to the number of members in the plenary session.

3. The Commission may supervise the activity of the municipal administration and shall, by means of an annual report, account for the complaints submitted and the deficiencies in the operation of the municipal services, with a view to the specification of suggestions or recommendations not accepted by the municipal administration. However, you can also make extraordinary reports when the severity or urgency of the facts advises you.

4. For the development of their functions, all government bodies and the municipal administration are obliged to cooperate with the Committee on Suggestions and Claims.

CHAPTER III

Economic-financial management

Article 133. Criteria for economic and financial management.

Economic-financial management will meet the following criteria:

(a) Compliance with the objective of budgetary stability, in accordance with the provisions of the legislation governing it.

b) Separation of accounting and audit functions from economic and financial management.

(c) The accounts shall be adjusted in any case to the forecasts contained in Law 39/1988 of 28 December 1988 on the Local Government.

(d) The scope for the audit and control of budgetary legality shall be the budget or the statement of estimates of revenue and expenditure, as appropriate.

e) Introduction of the requirement to track the costs of services.

(f) The allocation of resources, in accordance with the principles of effectiveness and efficiency, shall be made in accordance with the definition and the fulfilment of objectives.

g) The administration and renationalization of liquid surpluses and the coordination of treasury operations shall be carried out in accordance with the budget and the approved financial plan.

(h) All acts, documents and files of the municipal administration and of all entities dependent on it, whatever its legal nature, of which the rights and obligations of economic content are derived be subject to the internal control and control by the body determined in this Law, in the terms laid down in Articles 194 to 203 of Law 39/1988 of 28 December, Regulatory of Local Haciendas.

Article 134. Economic and financial management body or bodies.

1. The functions of budgeting, accounting, treasury and collection shall be exercised by the body or bodies to be determined in the municipal organic regulation.

2. The holder or holders of such organ or organ shall be a local authority with a national rating, except that of the body which develops the functions of budgeting.

Article 135. Tax Management Body.

1. In order to achieve a comprehensive management of the municipal tax system, governed by the principles of efficiency, sufficiency, agility and unity in management, the plenary of the municipalities of the municipalities of large population is enabled to create a tax management body, which is responsible for exercising the powers conferred on the local tax administration by the tax legislation.

2. This tax management body shall be responsible for at least the following powers:

(a) The management, settlement, inspection, collection and review of municipal tax acts.

b) The executive period collection of the other public law income of the city council.

(c) The processing and resolution of tax-sanctioning cases relating to taxes whose management competence is attributed to them.

d) The analysis and design of the overall public revenue policy as regards the municipal tax system.

e) The proposal, elaboration and interpretation of the city council's own tax rules.

(f) The monitoring and management of the implementation of the revenue budgets as regards tax revenue.

3. In the event that the plenary session makes use of the rating provided for in paragraph 1, the recovery function and its holder shall be assigned to that body, with the exception of the provisions of Article 134.1 as regards the function of the collection.

Article 136. Body responsible for control and internal audit.

1. The public function of internal control and control of economic and financial management and budgetary management, in its triple acceptance of financial control, financial control function and function of effectiveness control, will be the responsibility of an organ. administrative, with the name of the municipal general intervention.

2. The municipal general intervention shall exercise its functions with full autonomy in respect of the municipal bodies and entities and managerial posts whose tax management, having complete access to the accounts and to all the documents necessary for the exercise of their duties.

3. Its holder shall be appointed among local administration officials with a national rating.

Article 137. Body for the resolution of economic and administrative complaints.

1. There will be a specialised organ in the following functions:

(a) The knowledge and resolution of complaints about acts of management, settlement, collection and inspection of taxes and revenues of public law, which are of municipal competence.

b) The opinion on the draft tax ordinances.

c) In the case of being required by the competent municipal bodies in the field of taxation, the elaboration of studies and proposals in this field.

2. The decision to terminate the administrative procedure and against it shall only be the case for the interposition of the administrative-administrative appeal.

3. However, the persons concerned may, on a potestative basis, submit in advance against the acts provided for in paragraph 1 (a) of the replenishment facility provided for in Article 14 of Law 39/1988 of 28 December 1988 on the rules governing the Local. Against the decision, where appropriate, of the said replacement facility, an economic and administrative complaint may be brought before the body provided for in this Article.

4. It shall be composed of an odd number of members, with a minimum of three, appointed by the plenary, with a favourable vote of the absolute majority of the members who are legally integrated, of between persons of recognised technical competence, and shall cease for any of the following causes:

a) On your own request.

b) When the plenary agrees with the same majority as for his appointment.

c) When convicted by a firm sentence for intentional crime.

d) When they are sanctioned by a firm resolution by the commission of a very serious or serious disciplinary failure.

Only the plenary may agree to the opening and the resolution of the relevant disciplinary record, which will be governed, in all its aspects, by the rules applicable in the matter of disciplinary regime to the officials of the town hall.

5. Its operation will be based on criteria of technical independence, speed and gratuity. Its composition, powers, organization and operation, as well as the procedure for complaints will be regulated by a regulation approved by the plenary, in any case with the provisions of the General Tax Law and the regulations State regulatory for economic and administrative complaints, without prejudice to the necessary adaptations to the scope of action and operation of the body.

6. The claim regulated in this article is without prejudice to the cases in which the law provides for the economic-administrative complaint to the State-Administrative Courts of the State.

CHAPTER IV

Cities Conference

Article 138.

Within the Sectoral Conference for Local Affairs, there will be a Conference of Cities that will be part of the General Administration of the State, the Autonomous Communities, and the mayors of the municipalities. in the scope of Title X of this Act.

TITLE XI

Typing of violations and penalties by Local Entities in certain subjects

Article 139. Classification of infringements and penalties in certain areas.

For the proper management of the relations of coexistence of local interest and the use of their services, equipment, infrastructures, facilities and public spaces, local authorities will be able, in default of regulations specific sector, establish the types of infringements and impose penalties for non-compliance with duties, prohibitions or limitations contained in the relevant ordinances, in accordance with the criteria set out in the Articles next.

Article 140. Classification of the infringements.

1. Infringements of the local ordinances referred to in the previous Article shall be classified as very serious, serious and minor.

The violations that you assume will be very serious:

(a) A relevant disturbance of the coexistence that affects in a serious, immediate and direct way to the tranquility or the exercise of legitimate rights of other persons, to the normal development of activities of all class compliant with the applicable legislation or public health or public health, provided that it is non-subsucible conduct in the types provided for in Chapter IV of Law 1/1992 of 21 February of Protection of Citizen Security.

b) The impairment of the use of a public service by another person or persons entitled to use it.

c) The impairment or serious and relevant obstruction to the normal operation of a public service.

(d) acts of serious and relevant deterioration of equipment, infrastructure, facilities or elements of a public service.

e) The impairment of the use of a public space by another person or persons entitled to use it.

(f) Acts of serious and relevant deterioration of public spaces or of any of its facilities and elements, whether movable or immovable, shall not be derived from changes in citizen security.

2. Other infringements shall be classified as serious and minor, according to the following criteria:

a) The intensity of the disturbance caused in the tranquility or in the peaceful exercise of the rights of other persons or activities.

b) The intensity of the disturbance caused to public health or public health.

c) The intensity of the disturbance caused by the use of a service or public space by persons entitled to use them.

d) The intensity of the disturbance caused in the normal operation of a public service.

e) The intensity of damage to equipment, infrastructure, facilities or elements of a service or public space.

Article 141. Limits of economic sanctions.

Except for a different legal provision, the fines for infringement of local ordinances must comply with the following amounts:

Very serious violations: up to 3,000 euros.

Serious violations: up to 1,500 euros.

Minor violations: up to 750 euros. "

Article 2. Amendment of paragraph (h) of Article 29.2 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

Paragraph (h) of Article 29.2 of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, is worded as follows:

" (h) When paid elective and exclusive dedication positions in local entities, when performing responsibilities of senior organs and municipal managers, and when they perform responsibilities of members of the local bodies for the knowledge and resolution of economic and administrative complaints, except for local administration officials with a national rating, when they are employed reserved for them, which will be governed by their specific rules, remaining in the situation of active service ".

Article 3. Amendment of Articles 127.1 and 129.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

1. Article 127.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, is worded as follows:

" The sanctioning authority of public administrations, recognized by the Constitution, will be exercised when it has been expressly recognized by a law with the rank of law, with the application of the procedure laid down for its exercise and in accordance with the provisions of this Title and, in the case of local entities, in accordance with the provisions of Title XI of Law 7/1985 of 2 April, Regulatory of Local Regime Bases. "

2. Article 129.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, is worded as follows:

" Only administrative infringements are the violations of the legal order envisaged as such infringements by a law, without prejudice to the provisions of the local administration in Title XI of Law 7/1985, April 2, Regulatory of Local Regime Bases. "

First transient disposition. Adaptation of the municipalities to the provisions of Title X of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime.

The plenary sessions of the municipalities to which the scheme provided for in Title X of Law 7/1985, of 2 April, regulating the Bases of the Local Regime, introduced by this law, will have a period of six months from its entry into force to approve the organic rules necessary for the adaptation of its organisation to the provisions of that Title. As long as such rules are adopted, the rules governing these matters will continue in force at the time of entry into force of this law.

The same forecast shall apply to the Plenes of the Cabilts that are included in the scope of the additional provision fourteenth.

Second transient disposition. Transitional arrangements for business public entities.

As long as the Law 39/1988, of 28 December, regulating the Local Government, in the matters provided for in the second paragraph of Article 85a (f) of Law 7/1985, of April 2, Regulatory of the Bases, is not amended The Local Regime shall apply to the business public entities the provisions of Law 39/1988 in reference to local commercial companies whose capital is wholly owned by local authorities.

Transitional provision third. Transitional regime of local autonomous bodies.

The plenary sessions of the municipalities will have a period of six months from the entry into force of this law in order to adapt the autonomous bodies and to adapt their statutes to the legal system provided for in Article 85a of the Treaty. Law 7/1985, of April 2, regulating the Local Regime Bases, in the following terms:

(a) Adequation of the current autonomous administrative bodies to the local autonomous body provided for in this law.

(b) Equation of existing autonomous commercial, industrial, financial or analogue bodies to the local autonomous body or to the business public entity provided for in this law.

Once the adaptation and adaptation have been carried out, the references contained in the laws and regulations to the autonomous administrative bodies and to the autonomous commercial, industrial, financial or Similar, they shall be understood as referring to the local autonomous body or the business public entity, as appropriate.

Transitional disposition fourth. Regime of the municipality of Barcelona.

As long as your special regime is not approved, Title X of this law will not apply to the municipality of Barcelona.

Transient disposition fifth. Local government officials with a national rating who come to work in the municipalities falling within the scope of Title X and the island lobbies regulated in the additional provision fourteenth of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime.

To local administration officials with a national rating that, at the entry into force of this law, are holding jobs reserved in the municipalities and the island councils included in the law. The scope of Title X and the additional provision of the 14th Act of Law 7/1985 of 2 April, Regulation of the Local Government Bases, shall apply to them:

(a) The Secretary of the City Council shall become the Secretary-General of the Plenary Session.

(b) The city council's financial controller shall be transferred to the post of general municipal financial controller.

(c) The treasurer of the city council shall be transferred to the position of the head of the body entrusted with the treasury functions.

The remaining local administration officials with national qualification who are, where appropriate, performing other posts with functions reserved at the same city hall, shall remain on the same, without prejudice to the necessary organic adaptations and that the provision of new posts reserved for national persons may be made by the corporation through the appointment of these or other officials with national qualification, in accordance with the (a) the provisions of the second paragraph of Article 3 (2) of Regulation (EEC) No 77/85, Local Regime Bases.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they contradict or are incompatible with the provisions of this law, except for the additional provision, sixth, of Law 7/1985, of April 2, Regulatory of Bases of the Local Regime, and without prejudice to the provisions of the fourth transitional provision.

Final disposition first. Competential enablement.

The precepts contained in this law, except for the additional provision novena of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, constitute basic legislation of the State in matter of local regime, according to with the provisions of Article 149.1.18.a of the Constitution.

Final disposition second. Regulatory development.

The Government is empowered to dictate how many provisions are necessary for the development and enforcement of this law in matters of state competence.

Final disposition third. Entry into force.

This law shall enter into force on 1 January 2004.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 16 December 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ