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Order Of 14 May 2001 Why Is The Publication Of The Provisional Statute Of The General Council Of Official Colleges Of Biologists.

Original Language Title: Orden de 14 de mayo de 2001 por la que se dispone la publicaciĆ³n de los Estatutos Provisionales del Consejo General de Colegios Oficiales de BiĆ³logos.

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TEXT

Law 23/1999, of 6 July, establishing the General Council of the Official Colleges of Biologists, provides for the first transitional provision of the constitution of a Management Commission composed of a representative of each of the The Official Colleges of Biologists currently in existence, which will have to draw up a statute of the governing bodies of the governing bodies of the General Council of Official Colleges of Biologists, which it will send to the Ministry of Education and Culture. In compliance with this mandate, the Gestora Commission has produced a statute of laws that have obtained the agreement of all the Official Colleges of Biologists.

This Ministry has verified the adequacy of the legality of the provisional Statutes, as appropriate, as provided for in paragraph 3 of the first transitional provision of Law 23/1999, of July 6, to order its publication in the "Official State Gazette".

In its virtue, I have:

First.

Publish in the "Official State Gazette" the Statutes of the General Council of Official Colleges of Biologists, which are listed as an annex to this Order.

Second.

This Order and the Interim Statutes listed in the Annex shall enter into force on the day following that of their publication in the Official Gazette of the State.

Madrid, 14 May 2001.

DEL CASTILLO VERA

ANNEX

Provisional Statutes of the General Council of Biologists ' Official Colleges

CHAPTER I

General provisions

Article 1. Definition.

1. The General Council of Official Colleges of Biologists, created by Law 23/1999, of July 6, groups all the Official Colleges of Biologists and is the representative and coordinating body of the same. It has the status of Public Law Corporation, covered by the Law and recognized by the State, and has its own legal personality and full capacity to fulfill its aims.

2. The internal structure and functioning of the Council shall be democratic.

Article 2. Headquarters.

The headquarters of the General Council of Biologists ' Official Colleges is located in Madrid, without prejudice to the holding of meetings anywhere else in the national territory.

Article 3. Relationships with the Administration.

The General Council of Official Colleges of Biologists relates to the General Administration of the State through the Ministry of Education, Culture and Sport, without prejudice to the possibility of doing so through another Department. (a) ministerial decision on the matter in question.

Article 4. Functions.

The General Council of Biologists ' Official Colleges has the following functions:

1. Of a general nature.

(a) The elaboration of the Statutes provided for in both Article 6.2 of Law 2/1974 of 13 February, of Professional Colleges and in the second transitional provision of Law 23/1999 of 6 July, of the creation of the Council General of Official Colleges of Biologists. These final Statutes shall be drawn up by the General Council within three months of the establishment of its governing bodies, as provided for in the present Statute, and shall be subject to the approval of the Government, through the Ministry of Education, Culture and Sport.

(b) Those attributed by Article 9 of Law 2/1974 of 13 February, which refers specifically to the functions of the General Councils of Colleges, with the exception of those referred to in paragraphs 9.1.b) and 9.1.c) of that Act Law.

c) How many others are relevant by virtue of legal provisions.

2. In relation to the purpose of representation and defense of the legitimate interests of the profession of Biologist, it falls within its specific scope:

a) Represent and defend the profession of Biologist at the state level.

b) To promote to the General Administration of the State the improvement and improvement of the legislation on Professional Colleges as spokesperson of the Official Colleges of Biologists.

(c) Inform any draft provisions which affect the general conditions of the professional practice and to participate, where required by the competent administrative body, in the preparation of the general guidelines of the curricula leading to the obtaining of the official university degree of Licentiate in Biology and others that come from the breakdown of other titles approved to it in relation to specific areas of the Biology.

d) Velar for the prestige of the profession of Biologist.

e) To study the problems of the profession, adopting within its competence the precise general solutions or propose, if appropriate, the relevant reforms. To intervene in all conflicts affecting the Biology in the Spanish global field, through the exercise of the rights of petition and of the exhibition in the representation that it holds, without prejudice to the right that corresponds to the different Colleges Officers from Biologists or individually to each Biologist.

f) Know the agreements on the regulations of the profession approved by the Official Colleges of Biologists.

g) To establish relations with the Agencies, Entities and Corporations of other countries without prejudice to the relations that the various Official Colleges of Biologists could establish with them.

h) Represent Spanish professionals before similar entities in other States, taking into account, if applicable, the Official College of Biologists in which they are registered.

(i) to know and to resolve the remedies which may be brought before it against acts of its own organs, in accordance with the provisions of Chapter III of these Statutes, as well as the appeals against agreements of the Official Colleges of Biologists, where appropriate.

j) To have the representation of the Collegiates in the defense of their professional interests with full legitimacy, when it rebases the competence of their respective Official College.

k) Issue the reports that come in compliance with the provisions of the current legislation, and the others requested by the administrative or judicial authorities and Public Corporations, with respect to the cases which are of their competence.

(l) Inform in accordance with the provisions of the legislation of Professional Colleges, the draft general provisions of a fiscal nature that affect concretely and directly to the profession of Biologist, in the State field.

m) Exercise disciplinary functions with respect to members of the Council itself.

n) Cooperate with the other General Councils of Professional Colleges for the study of common problems and joint media instrumentation for their solution.

o) Address the conflicts that may arise between the various Official Biologists ' Colleges.

p) Adopt, within the scope of their competencies, the necessary measures for the Official Colleges of Biologists to comply with the resolutions of the General Council itself.

q) Approve your budgets and fix the contributions of the Official Biologists ' Colleges in proportion to the number of Colleges.

3. For the purposes of guidance and deontological surveillance of professional practice:

(a) Establish the general deontological rules of the exercise of the profession of biologist, which shall be binding, and apply those rules, ensuring compliance and uniform enforcement.

b) To care for or promote the dissemination of the proper image of the profession of Biologist and the dissemination of the advances of Biology that are scientifically endorsed.

c) To pursue illicit competition, ensuring the dignity and decorum of the professional exercise, monitoring the full effectiveness of the provisions governing incompatibilities and exercising precise legal actions against Intrusive and clandestine in the exercise of the profession.

4. In relation to the social, scientific, cultural and labour promotion of the profession:

a) To stimulate solidarity, social foresight and professional progress, promoting the initiatives of the various Official Colleges of Biologists and promoting them at the State level.

b) Organize institutions and services of assistance and foresight on a state basis and, where appropriate, collaborate with the General Administration of the State, in accordance with the current legislation, for the application to the professionals Members of the most appropriate social security system.

c) To collaborate with the Official Colleges of Biologists in the role of educational, health, environmental, food, production and research professionals of the Biologists, participating in the elaboration of the general guidelines for curricula leading to the attainment of their qualifications, where required, contributing to continuing training and participating in the training and registration of specialists and their qualifications, in the field of their powers, in accordance with existing legislation.

d) Organize how many services are necessary or suitable for the best orientation and defense of the Official Colleges of Biologists and their Collegiates, as well as the publication of how many information media will estimate relevant.

e) Trying to achieve the highest level of employment of the Colleges, collaborating with the General Administration of the State to the extent necessary.

5. For the purpose of promoting the right to a higher quality of life, in the fields of education, health, the environment and food:

a) Cooperating with state-wide public authorities in the formulation of educational, health, environmental, food, research and sustainable development policies, participating, when required, in the development of how many provisions affect or relate to the promotion of these areas.

(b) Contribute, in the field of its powers, to the process of social, cultural and economic transformation, in particular the defence and protection of the general interests in the field of research, education, health and environment.

CHAPTER II

Organization and operation

Article 5. Organization.

The plenary and the Standing Committee are the collegiate bodies of the General Council of Official Colleges of Biologists.

Article 6. The Plenary Session.

1. The plenary session of the General Council of Biologists, which corresponds to the functions specified in Article 4 of these Statutes, is composed of the Presidents of the Official Colleges of Biologists and a member of the Board of Biologists. Government of each Official College of Biologists. In no case shall the same natural person be able to represent the representation of two Colleges.

2. The Council plenary is a collegiate body and takes its agreements by simple majority of the weighted votes except as provided for in Article 18, according to the following table:

Up to 500 Colleges, two votes.

From 501 to 1,000 Colleges, three votes.

From 1,001 to 3,000 Colleges, four votes.

From 3,001 to 6,000 Colleges, five votes.

From 6,000, one vote more than the previous one, for each tranche of 2,000 or fraction.

3. For this calculation, only the Collegiates that are aware of the payment of their quotas corresponding to the previous years will be taken into account, which will be certified to 31 December of each year by the Secretary of the Government of each Official College of Biologists.

4. Each Official College of Biologists may establish which of its two representatives is the depositary of the non-personal votes to which the College is entitled. In another case, it is understood that the Dean-President is the depositary of the non-personal votes that correspond to his Official College.

5. When the Governing Board of an Official College of Biologists is fully or partially renewed, the new Governing Board shall appoint the members representing it in the General Council of the Official Colleges of Biologists.

6. Those who hold positions within the General Council of Official Colleges of Biologists shall be in the exercise of the profession, automatically ceasing if, for any reason, they are low as collegians.

7. The plenary session shall meet at least twice a year, at the invitation of its president, to study and, where appropriate, to resolve proposals by the Official Biologists and the Standing Committee. It shall be validly constituted on first call with the assistance of half plus one of its components, and on second call, when a third of its members attend. Between the two calls, at least one half-hour period will be available. Where one third of the members of the Council are not present, the only agreement that may be reached is the call for a new meeting, to be held within a period of not less than 30 days.

8. The plenary session may also be held, at the request of 20 per 100 of its members or at the request of representatives of the Council of 20 per 100 of the total of the State's Collegiates, at 31 December of the previous year.

9. The call shall be made in writing with 15 days at least in advance of the date of the meeting, except in cases of urgency, and any technical means may be used to do so, provided that it is possible to practiced.

10. The President shall inform the Official Colleges of Biologists of the agreements to be adopted by the Plenary.

11. Meetings of the plenary session may be convened on an advisory basis, with a voice and without a vote, to any person deemed appropriate.

12. The General Council plenary shall elect by secret ballot from among its members a President, a Vice-President, a Secretary and a Treasurer, upon submission of collective or individual nominations. The mandate of these charges is four years.

13. If there are more than two candidates, the one who gets the absolute majority in the first round and the second round will be elected from the two most voted of the first vote.

14. When the President, the Vice-President, the Secretary or the Treasurer cease to be members of the plenary, they shall remain in office until the next ordinary plenary session, in which the election of those who replace them will be required.

15. Any of these charges shall cease immediately when the absolute majority of the plenary so decides.

Article 7. The Standing Committee.

1. The Permanent Commission is constituted by the President, the Vice-President, the Secretary and the Treasurer of the General Council of Colleges, elected by the Plenary, in accordance with Article 6.12 of these Statutes.

2. This Standing Committee shall have the powers delegated to it by the Plenary. In any event, the Standing Committee shall prepare the agenda items to be dealt with by the General Council of Biologists ' General Council.

3. The Standing Committee will meet ordinarily once a quarter, taking its agreements by simple majority of attendees. The call shall be made in writing with 15 days at least in advance of the date of the meeting, except in cases of urgency, and any technical means may be used to do so, provided that it is possible to practiced.

4. The Standing Committee shall inform the plenary of the agreements it adopts.

5. Meetings of the Standing Committee may be convened on an advisory basis, with a voice and without a vote, to any person deemed appropriate by the Standing Committee.

Article 8. Privileges of the President.

1. To hold the maximum representation of the General Council of Official Colleges of Biologists, a standard assigned the exercise of the rights and duties attributed to it by Law 2/1974 of 13 February of Professional Colleges and these Statutes in all relations with the public authorities, entities, corporations and legal or natural persons of any order, in so far as they are matters of general nature for the profession.

2. Exercise the appropriate actions, as agreed by the General Council of Biologists ' Official Colleges before the Courts of Justice and authorities of all kinds, in the field of the General Council's powers.

3. To authorise the reports and communications to be submitted, and to exercise or to enforce the agreements which the Plenary or the Standing Committee, if any, adopt.

4. Convene and chair the plenary sessions and the Standing Committee and lead the discussions and open, suspend and close the sessions.

5. Authorize the minutes and certificates to proceed.

6. Carry out the tasks delegated to it by the Council Plenary.

7. Chair, by itself or by delegation of yours, how many Commissions will be established, as well as any Board, meeting or session to which you attend.

8. Issue the funds for the intervention of funds and stubs necessary for the movement of the accounts opened in the name of the Council, or to wear them when they are issued by the Treasurer.

9. The office of President shall not be remunerated. However, in the annual budgets of the General Council, the necessary items will be fixed to meet with dignity the expenses of representation of the Presidency of the General Council of the Official Colleges of Biologists.

10. The President shall designate the members of the Commissions, the Ponences and the Working Groups which he has previously agreed to constitute, for the best development of the collegial function and the study and resolution of the matters or interests which are the responsibility of the the General Council of Official Colleges of Biologists. In case of urgency, and with prior knowledge of the members of the Permanent Commission, it may also create the Commissions, Ponences and Working Groups mentioned above, giving the plenary session in the next session of the Committee, which will ratify or not resolution.

Article 9. Privileges of the Vice-President.

The Vice President shall perform all functions entrusted to him by the President, assuming the functions of the President in the event of absence, disease, abstention, recusal or vacancy, without the need for justification to third parties.

Article 10. Duties of the Registrar.

1. Implement the agreements of the Plenary and the Permanent Commission of the General Council of Official Colleges of Biologists, as well as the resolutions that, according to these Statutes, the President will dictate.

2. To inform the General Council of the Official Colleges of Biologists and its members, with the faculty of initiative, in all matters of competence of the General Council of the Official Colleges of Biologists.

3. To draw up, in agreement with the President, the agenda for the plenary sessions and the Standing Committee and to give an account of the proposals received after the meeting.

4. Carry out all activities aimed at the purposes mentioned in the preceding paragraphs.

5. Act as a proxy for all administrative matters in the Council.

6. Assist the President in his mission and guide and promote how many professional technical initiatives need to be taken.

7. To extend the minutes of the plenary sessions and of the Standing Committee of the General Council of Biologists ' Official Colleges; to give an account of the immediately preceding ones for approval, if appropriate, and to report, if appropriate, the matters in such cases. Meetings should be dealt with and the President entrusts him.

8. Carry the necessary records, extend and authorize the certificates they have issued, as well as the ordinary and circular communications which have been, if necessary, authorised by the Plenary, the Standing Committee or its President.

9. To take care of the books of minutes, archives and other documents of the General Council of Official Colleges of Biologists.

10. To form and preserve the Census of Spanish Collegiates registered in each of the Official Colleges of Biologists, with the data and specifications necessary, taking care to comply, in whatever is relevant, to the current rules on protection of computerised data of a personal nature.

11. Lead the offices, guard the seal, books and documentation of the General Council of Official Colleges of Biologists.

12. Propose and manage how many extremes are conducive to good administrative progress. To this end, it may hear the guidelines and reports which, depending on the nature of the matters to be resolved, will be provided by the legal, tax or any other matter which it considers appropriate to seek. These reports will not be binding.

13. To take the management of the administrative and subaltern staff of the General Council of Biologists ' Official Colleges.

14. The position of Registrar shall not be remunerated. However, in the annual budgets of the General Council, the necessary items will be fixed to meet with dignity the expenses of representation of the Secretariat of the General Council of the Official Colleges of Biologists.

Article 11. Attributions of the Treasurer.

1. Propose and manage how many extremes are conducive to the good accounting and investment march of the funds of the General Council of Biologists ' Official Colleges, authorizing with the approval of the President the bookings for the payments that have to verify and subscribe to the heels of current and deposit accounts.

2. Carry the necessary books for the registration of the income and expenses that affect the General Council of Biologists ' General Council and, in general, the patrimonial movement of the same.

3. To collect all the amounts required by any concept to be entered in the General Council of the Official Colleges of Biologists, authorizing with their signature the corresponding receipts and giving the President and the Plenary of the needs observed and of the situation of Treasury.

4. Formulate the General Account of the Treasury every year, as well as the drafting of the draft budget, all of which will submit to the approval of the plenary session of the General Council of Official Colleges of Biologists.

5. Subscribe to the Annual Balance Sheet which will be deducted and which will be submitted for approval by the General Council of the General Council of Biologists ' Official Colleges, by making the corresponding tonnage in a regular and periodic manner.

6. Take inventory of all the assets of the General Council of Biologists ' Official Colleges of which your Administrator will be.

7. The charge of Treasurer shall not be remunerated. However, in the annual budgets of the General Council, the necessary items will be fixed to meet with dignity the expenses of representation of the Treasury of the General Council of the Official Colleges of Biologists.

Article 12. Competence of the Standing Committee.

The Permanent Commission will prepare the subjects to be dealt with by the General Council of Biologists ' General Council and will understand the urgent questions, as well as those that are the responsibility of the General Council. delegated and whose resolution it will give and respond to the plenary session.

CHAPTER III

From the legal regime of acts of the General Council

Article 13. Legal regime.

1. The acts of the General Council of Official Colleges of Biologists shall be subject to the applicable laws and regulations and, according to their nature, to the general rules of an administrative, civil or employment nature, if any, and are therefore to be brought before the competent jurisdiction, as appropriate.

2. The General Council agreements must be published by the various Official Biologists by means of insertion in the Bulletin of each College, so that they can be known by all the Colleges, within a maximum period of two months from its adoption.

3. The General Council of Biologists ' General Council shall notify in time and form those acts which affect the rights and interests of the addressees of such agreements.

4. The acts emanating from the organs of the General Council of the Official Colleges of Biologists, as soon as they are subject to the Administrative Law, once the corporate resources have been exhausted, will be directly used in the administrative-administrative way, in accordance with the regulatory legislation of this jurisdiction.

Article 14. Resources.

The appeal regime shall be subject, as soon as the General Council acts in the exercise of public functions, to the Law of the Legal Regime of Public Administrations and the Common Administrative Procedure.

1. The acts of the Permanent Commission, President, Vice-President, Secretary and Treasurer are amenable to the General Council's plenary session.

2. The acts of the General Council plenum deplete the administrative route and against them is the potential remedy for replacement before the same organ, prior to the administrative dispute.

3. The acts of the General Council of Biologists ' General Council may be the subject of a judicial-administrative appeal, in accordance with the legal provisions in force.

4. It may also be brought against the acts of the General Council, the extraordinary review, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of the General and the Common Administrative Procedure.

Article 15. Nullity of the acts of the organs of the General Council.

They are void in full, when they are subject to the Administrative Law, the acts of the organs of the General Council in which they are given any of the following assumptions:

(a) Those who injure the essential content of the rights and freedoms that are amenable to constitutional protection.

(b) Those dictated by a manifestly incompetent body on the grounds of matter or territory.

c) Those that have an impossible content.

(d) Those that are the constitutive of criminal offences or are dictated as a consequence of this.

e) The dictates that they completely and absolutely dispense with the legally established procedure or the rules that contain the essential rules for the formation of the will of the collegiate organs.

(f) express or alleged acts contrary to the legal system, whereby powers or rights are acquired when the essential requirements for their acquisition are lacking.

g) Any other that is expressly set to a legal range disposition.

The provisions of the General Council that violate the Spanish Constitution, the Statutes of Autonomy of the Autonomous Communities, the Laws and their Regulations, as well as those governing matters shall also be null and void. reserved to the Law and those that establish the retroactivity of non-favorable or restrictive sanctioning provisions of individual rights.

Acts that incur any violation of the legal order, including the diversion of power, are nulliable.

Article 16. Suspension of the acts of the organs of the General Council.

1. Without prejudice to the powers conferred on the judicial bodies by the legislation on the suspension of acts of the Professional Corporations, the Plenary Session, the Permanent Commission and the President of the General Council, whether or not any collegial, are required to suspend their own or lower body acts, which they consider to be null and void.

2. The suspension agreements shall be adopted by the Plenary, the Standing Committee and the President of the General Council of the Official Colleges of Biologists within five days from the date on which the acts were known are considered null and void, provided that they have previously initiated a procedure for the review of their trade or have brought an action and the circumstances provided for by the legislation of the Legal Regime of the Public Administrations and of the Common Administrative Procedure for the nullity of such acts.

3. The provisions of this Article are without prejudice to the actions of challenge against null and void acts.

CHAPTER IV

From the economic and administrative regime

Article 17. Economic-wealth capacity.

The General Council of Biologists ' Official Colleges will have full legal capacity in the economic and heritage field.

Article 18. Revenue of the General Council.

The economic resources of the General Council of Biologists ' Official Colleges may be ordinary and extraordinary.

Both the amount of the contributions of the Colleges and the procedure of their admission and, where appropriate, the sanctions of the Official Colleges of Biologists for non-payment will be established in the Rules of Procedure of the General Council of Official Colleges of Biologists. However, from the establishment of the General Council of Biologists ' Official Colleges until the approval of its Rules of Procedure, the General Council may, on a provisional basis, agree on the amount of these contributions and their income.

1. Ordinary.

(a) The amounts contributed by the Official Colleges of Biologists, after approval by the General Council of the General Council by an absolute majority of the assistants in accordance with the counting of votes set out in Article 6.2, of these Statutes, which shall in any case be proportional to the number of members of the college as at 31 December of the previous year.

(b) Grants and entitlements granted to you or authorized by Public Administrations, Public or Private Entities, Colleges or other natural or legal persons.

2. Extraordinary.

Exceptionally, the General Council of Biologists ' Official Colleges may agree by a majority of two-thirds of the plenary session special contributions of the Official Colleges of Biologists, which shall be carried out in the same proportion as the ordinary contributions of the same.

Article 19. Advisory Committees.

The General Council of Biologists ' Official Colleges may set up Advisory Commissions for the various specialties of the profession or for specific matters, either temporarily or on a permanent basis.

First transient disposition.

Within the fifteen days following the publication of these Statutes in the "Official State Gazette", the Gestora Commission of the General Council of Biologists ' Official Colleges will hold a meeting for the session. The Constitution of the General Council, in which the election and the inauguration of the members of the Permanent Commission will take place.

Second transient disposition.

Constituted the General Council of the Official Colleges of Biologists, this will exercise the functions established in the present Provisional Statutes without prejudice to the incorporation of the members of the Colleges Officers of Biologists who are believed after their constitution. In this case, the new election of the members of the Permanent Commission will be carried out.

Transient Disposition third.

With regard to the mandate of the elected office of the General Council, the provisions of Article 6.12 shall apply to the year of publication of these Statutes.

Single end disposition.

The mandate of the single-person bodies of the General Council, notwithstanding the provisions of Article 6.12 of these Statutes, shall terminate the appointment of such posts in accordance with the provisions of the Statute. Definitive.