JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the Cortes General have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

The Organic Law 7/1981, of December 30, of the Statute of Autonomy for Asturias, has experienced two reforms during its fifteen years.

The first was produced by Organic Law 3/1991, of March 13, which replaced Article 25.3; the second and last was introduced by the Organic Law 1/1994, of March 24, which amended its articles 10, 11, 12, 13 and 18, expanding, basically, our level of competence.

Since, fifteen years since the enactment of the Autonomy Statute and three years since the last extension of powers, it is appropriate to address new institutional and competitive changes that allow us to deepen our capacity for self-government and encourage participation, seeking the socio-economic development and territorial rebalancing of the Principality of Asturias.

To these objectives is the present reform of the Statute of Autonomy of the Principality of Asturias, covered by the provisions of Article 56 within the framework of Article 147.3 of the Constitution.

Single item.

The following modifications are introduced in the Autonomy Statute for Asturias:

1. The title "Statute of Autonomy for Asturias" becomes "Statute of Autonomy of the Principality of Asturias".

2. A new systematic heading is incorporated under the name 'Preliminary Title', which groups Articles 1 to 9 inclusive.

3. Article 1 (2) is hereby worded as follows:

"The Autonomous Community, a historical community constituted in the exercise of the right to self-government covered by the Constitution, is called the Principality of Asturias."

4. Article 2 is worded as follows:

"The territory of the Principality of Asturias is the territory of the councils within the current limits of the province of Asturias, for which the provisions of Article 56 of this Statute will be amended."

5. Article 4 is worded as follows:

" 1. The bable will enjoy protection. It will promote its use, its dissemination in the media and its teaching, respecting in any case the local variants and the voluntariness in their learning.

2. A law of the Principality shall regulate the protection, use and promotion of the bable. "

6. Article 10 (1) is worded as follows:

" The Principality of Asturias has exclusive competence in the areas mentioned below:

1. Organization, regime and functioning of its self-governing institutions.

2. Alteration of the terms and names of the councils in their territory, as well as the creation of lower and higher-level organisations within the terms laid down in Article 6 of this Statute.

3. Land and coastal planning, urban planning and housing.

4. Public works that do not have the legal status of general interest of the State or affect another Autonomous Community.

5. Railways, roads and roads whose itinerary is fully developed in the territory of the Autonomous Community, and on the same terms land, river, cable or pipe transport.

6. Maritime transport exclusively between ports or points of the Autonomous Community without connection to ports or points in other territorial areas.

7. Procurement centres and freight terminals in the field of transport.

8. Establishment of stock exchanges and the establishment and regulation of procurement centers, in accordance with commercial law.

9. Ports of refuge, ports, airports and heliports that are not in the general interest of the State.

10. Agriculture, livestock and agri-food industry, according to the general management of the economy.

11. Special treatment of mountain areas.

12. Projects, construction and exploitation of water resources, including hydroelectric, canals and irrigation of interest to the Region. Mineral and thermal waters. Groundwater when they are fully covered by the territorial scope of the Autonomous Community.

Management and allocation of water resources and use when the waters are fully covered by the territorial scope of the Autonomous Community.

13. Fishing in inland waters, river and lake waters, shellfish, aquaculture, fish farming, as well as the development of any other form of industrial cultivation. Hunting. Protection of the ecosystems in which these activities are carried out.

14. Internal trade, without prejudice to the general policy of prices, the free movement of goods within the territory of the State and the legislation on defence of competition. Trade fairs and internal markets. Designation of origin, in collaboration with the State.

15. Economic activity planning and promotion of the economic development of the Autonomous Community within the objectives set by the general economic policy. Creation and management of a public sector of the Autonomous Community.

16. Craft.

17. Museums, archives, libraries, hemerotecas, services of Fine Arts and other cultural deposit centres or collections of similar nature and conservatories of music of interest of the Principality of Asturias, which are not of state ownership.

18. Cultural, historical, archaeological heritage, including industrial, monumental, architectural, scientific and artistic archaeology of interest to the Principality of Asturias.

19. Investigation, without prejudice to the provisions of Article 149.1.15. of the Constitution. Academies with registered offices in the Principality of Asturias.

20. Culture, with special attention to the promotion of its indigenous manifestations and teaching of the Asturian culture, all without prejudice to the provisions of Article 149.2 of the Constitution.

21. Promotion and protection of the bable in its various variants which, as linguistic modalities, are used in the territory of the Principality of Asturias.

22. Tourism.

23. Sport and leisure.

24. Social welfare and welfare. Community development. Actions for social reintegration.

25. Protection and protection of minors, subject to the provisions of Article 149.1.6. and 8. of the Constitution.

26. Casinos, games and bets with exclusion from the mutual sportsbook.

27. Cooperatives and similar entities, non-integrated in the social security system, without prejudice to the provisions of Article 149.1.6. of the Constitution.

28. Public shows.

29. Statistics for the purposes of the Autonomous Community, in coordination with the general of the State and with that of the other Autonomous Communities.

30. Foundations that mainly develop their activities in the Principality of Asturias.

31. Industry, without prejudice to the determination of the provisions of the State in the exercise of its powers for reasons of safety, health or military interest and those related to industries which are subject to the legislation of mines, Hydrocarbons and nuclear energy. The exercise of the jurisdiction shall be carried out in accordance with the basis and management of the general economic activity and the monetary policy of the State, in accordance with Articles 38, 131 and 149.1.11. a and 13. a of the Constitution.

32. Installations for the production, distribution and transport of any energy and energy fluids, when their transport does not leave Asturias or its use does not affect another Autonomous Community. This is without prejudice to the provisions of Article 149 (1) (22) and (25) of the Constitution.

33. Administrative procedure derived from the specialties of the substantive law and the organization of the Autonomous Community.

34. Advertising, without prejudice to the rules laid down by the State for specific sectors and means, in accordance with Article 149.1.1., 6. and 8. of the Constitution.

35. Meteorological service of the Autonomous Community.

36. Savings banks and institutions of public and territorial cooperative credit, in the framework of the general management of the economy and in accordance with the provisions that the State in use dictates. "

Article 11 is worded as follows:

" Within the framework of the basic legislation of the State and, where appropriate, in the terms that it establishes, it is up to the Principality of Asturias to carry out legislative development and execution in the following areas:

1. Forests, forest services and services, livestock roads, pastures and protected natural areas.

2. Health and hygiene.

3. Hospital coordination in general, including the coordination of social security.

4. Pharmaceutical management.

5. Protection of the environment, including industrial discharges and pollutants in rivers, lakes and inland waters and additional environmental protection rules.

6. Mining and energy regime.

7. Management of the fisheries sector.

8. Defence of the consumer and of the user, in accordance with the bases and the management of the general economic activity and the monetary policy of the State, the bases and the general coordination of health, in the terms of the provisions of Articles 38, 131 and in Articles 11, 13 and 16 of Article 149 (1) of the Constitution.

9. Corporations governed by public law representing economic and professional interests. Exercise of the professions entitled.

10. Local regime.

11. System of popular consultations in the area of the Principality of Asturias, in accordance with the provisions of the Law referred to in Article 92.3 of the Constitution and other laws of the State, corresponding to this authorization of its convocation. "

8. Article 12 is worded as follows:

" It is for the Principality of Asturias to implement the legislation of the State, in the terms that it establishes, on the following matters:

1. Implementation, within its territorial scope, of the international treaties in terms of matters of the competence of the Principality of Asturias.

2. Associations.

3. International fairs.

4. Management of social security benefits and services of the Social Security system. INSERT. The determination of the benefits of the system, the requirements for establishing the conditions of the beneficiary and the financing shall be carried out in accordance with the rules laid down by the State in the exercise of its powers of conformity with the provisions of Article 149 (1), number 17, of the Constitution.

5. Museums, archives, libraries, hemerotecas and collections of similar nature of State ownership whose management is not reserved by the State Administration. The terms of the management will be fixed by means of agreements.

6. Weights and measures. Contrast of metals.

7. Plans established by the State for the implementation or restructuring of economic sectors.

8. Pharmaceutical products.

9. Intellectual and industrial property.

10. Labour. In accordance with Article 149 (1) of the Constitution, the State is responsible for competition on labour law and for high inspection. All the powers in the field of internal and external migration, national and employment funds shall be reserved for the State without prejudice to any State rules on such matters.

11. Civil protection. Maritime salvage.

12. Ports, airports and heliports of general interest where the State does not reserve its direct management.

13. Management of the health care of Social Security, in accordance with the provisions of Article 149 (1) of the Constitution, reserving the State the high inspection conducive to the performance of the function to which it refers this precept.

14. Credit, banking and insurance, in accordance with the provisions of Rules 6, 11 and 13 of Article 149 (1) of the Constitution.

15. Transport of goods and passengers having their origin and destination in the territory of the Principality of Asturias, without prejudice to the direct execution of the State. "

9. Article 13 is deleted.

10. A new Article 13 is incorporated:

" In accordance with the laws of the State, the Governing Council shall appoint notaries and registrars of the property and mercantiles, as well as trade corridors and participate in the setting of the demarcations. "

11. Article 14 is worded as follows:

" 1. The General Board of the Principality of Asturias may exercise the legislative initiative provided for in Article 87.2 of the Constitution for the approval by the State of the laws provided for in Article 150.1 and 2 of the Constitution.

2. In any event, the Principality of Asturias may assume the other powers which the legislation of the State reserves to the Autonomous Communities. "

11a. Article 15.3:

" 3. In the exercise of the jurisdiction provided for in Article 10.1.1 of this Statute and in accordance with the law of the State, it is for the Autonomous Community, inter alia, to establish the statutory regime of its officials, the legal-administrative regime arising from the powers assumed, the regulation of the public domain and property assets whose ownership corresponds to the Autonomous Community, as well as the public servants in the field of their competence and the regulation of administrative contracts and concessions in the field of Principality of Asturias. '

12. Article 16 is worded as follows:

"The Principality of Asturias will promote the conservation and compilation of the asturian customary law." 13. Article 17 is worded as follows:

" 1. In the field of audiovisual media of social communication of the State, the Principality of Asturias will exercise all the powers and competences that correspond to it, in the terms and cases established in the basic legislation of the State.

2. It is also up to him, in the framework of the basic rules of the State, for the legislative development and the execution of the press regime and, in general, for all the social media.

3. In the terms set out in the preceding paragraphs of this article, the Autonomous Community may regulate, create and maintain its own television, radio and press and, in general, all means of social communication for the fulfilment of its purposes. "

14. A new paragraph 3 of the following wording is added to Article 18:

' In the exercise of these powers, the Autonomous Community shall encourage research, in particular on matters or aspects peculiar to the Principality of Asturias, and the accretion of university institutions in the Community. Autonomous. "

15. Article 19 (2) is replaced by the words "of the region" by "the Autonomous Community".

16. Article 20 is deleted.

17. A new Article 20 is incorporated:

" 1. It is for the Autonomous Community of the Principality of Asturias to monitor and protect the buildings and facilities of the Community itself and the coordination of local police officers, without prejudice to their dependence on the authorities. municipal.

2. For the exercise of the jurisdiction provided for in the previous paragraph, the Autonomous Community may agree with the State to the affiliation of units of the National Police Corps in the terms and for the exercise of the functions provided for in the Law Organic referred to in Article 149.1.29. a of the Constitution. "

18. Article 23 (2) shall be deleted, as referred to in paragraph 3, paragraph 2.

19. In Article 24 (5), '11 1.a' is replaced by '10.1.2'.

20. Article 24 (7) is hereby worded as follows:

" Authorize the Governing Council to provide consent to be bound by the agreements and agreements of the Principality of Asturias with other Autonomous Communities, as well as to supervise its execution. The Governing Council shall give the General Board the remainder of the agreements and agreements that bind the Principality. "

21. Article 24 (10) is hereby worded as follows:

"Examine and approve the General Account of the Principality, without prejudice to the provisions of Articles 35b and 55 of this Statute."

22. A new paragraph 12 of the following wording is added to Article 24:

"Receive the information to be sent to you by the Governing Council on international treaties and conventions as soon as they relate to matters of particular interest to the Principality of Asturias, giving their opinion on them."

23. A new Article 24a is inserted as follows:

" 1. The General Board may delegate to the Governing Council the power to issue rules with a range of law.

2. The provisions of the Governing Council containing delegated legislation will receive the title of Legislative Decrees.

3. The approval of the Law on Budgets and the law of the law for which this Statute, the laws or the Rules of the General Meeting require qualified majorities cannot be delegated.

4. The legislative delegation shall be granted to the Governing Council in an express manner for specific matters and with the deadline for its financial year. The delegation is exhausted by the use made by the Governing Council by the publication of the corresponding rule. It shall not be construed as implicitly or indefinitely. It shall also not allow subdelegation to authorities other than the Governing Council itself.

5. The legislative delegation shall be granted by means of a law of the bases where the object is the formation of articulated texts or by an ordinary law in the case of recasting several legal texts into one.

6. The basic laws shall define precisely the purpose and scope of the legislative delegation and the principles and criteria to be followed in their exercise. The basic laws may not in any case authorize their own modification or empower them to issue rules with retroactive effect.

7. The authorisation to recast legal texts shall determine the regulatory area referred to in the content of the delegation, specifying whether it is limited to the mere wording of a single text or whether it includes regularisation, clarification and harmonisation. the legal texts to be recast.

8. Where a proposal for a law or an amendment is contrary to the legislative delegation in force, the Governing Council has the power to oppose its treatment. In such cases, a proposed law may be submitted for the full or partial repeal of the law of delegation.

9. Without prejudice to judicial review, the General Meeting Regulation and the laws of delegation may provide for additional control arrangements. "

24. Article 25 is worded as follows:

" 1. The General Board is elected for a period of four years by universal, free, equal, direct and secret suffrage, with the application of a system of proportional representation.

2. By law of the Principality, whose approval and reform requires the vote of the absolute majority of the General Meeting, the number of members, between 35 and 45, their causes of ineligibility and incompatibility and the other circumstances of the procedure will be fixed election.

3. The President of the Principality, after deliberation by the Governing Council and under his sole responsibility, may agree to the dissolution of the Chamber, in anticipation of the natural term of the legislature.

The dissolution will be agreed upon by Decree, in which elections will be called in turn, containing in the same number of requirements the applicable electoral legislation.

The President will not be able to agree to the dissolution of the House during the first session of the legislature, with less than a year before its termination, nor when a motion of censure is in the process. It shall also not agree to the dissolution before the one-year period has elapsed since the last dissolution by this procedure.

In no case can the President dissolve the House when a state electoral process is convened.

In any case, the new Chamber resulting from the electoral convocation will have a mandate limited by the natural term of the original legislature.

4. The elections shall be convened by the President of the Principality in the terms provided for in the Law of the General Electoral Regime, so that they may be held on the fourth Sunday of May of every four years, without prejudice to the provisions of the Courts. General, with the exclusive purpose of coordinating the calendar of the various electoral consultations.

5. The General Meeting shall be convened by the President of the Principality of the Principality, within 15 days of the elections. "

25. Article 26 (4) is worded as follows:

" For the exercise of its representative office, the Members of the General Board shall receive remuneration. The modalities of the allocations shall be fixed in accordance with the provisions of the House Rules of Procedure. "

26. Article 27 (1) is hereby worded as follows:

"The General Meeting will meet annually in two sessions, from September to December the first, and between February and June the second."

27. Article 28 (1) is hereby worded as follows:

" The General Board approves its budget and staff regulations, and establishes its own Rules of Procedure, which will also contain the status of its members. The adoption of the Regulation and its reform will require the vote of the absolute majority. "

28. Article 31 is worded as follows:

" 1. The initiative for the exercise of the legislative power recognized in Article 23 of this Statute is for the members of the General Board and the Governing Council. By law of the Principality, the initiative of the Councils and the popular initiative will be regulated for matters that are the exclusive competence of the Autonomous Community.

2. The laws approved by the General Meeting will be promulgated, on behalf of the King, by the President of the Principality, which will have its publication in it? Official Gazette of the Principality of Asturias?, within 15 days of its approval, and in it? Official Gazette of the State? The Regulations shall be published by order of the President of the Principality, within the same time limit, in the? Official Gazette of the Principality of Asturias?. "

29. Article 32 (4) is hereby worded as follows:

"A law of the Principality, approved by the favorable vote of the absolute majority, shall determine the personal status, the procedure of choice and the cessation and the privileges of the President."

30. Article 33 (1) is hereby worded as follows:

"The Governing Council is the collegiate body that directs the policy of the Autonomous Community and to which the executive and administrative functions correspond and the exercise of the regulatory authority."

31. Article 33 (2) is hereby worded as follows:

"By law of the Principality, approved by absolute majority, the privileges of the Governing Council, as well as the Statute, form of appointment and cessation of its components shall be regulated."

32. Article 33 (3) shall be deleted.

33. A new paragraph 4 is added to Article 33 of the following wording:

"The Governing Council shall be informed of international conventions and treaties which may affect matters of its specific interest."

34. Article 34 (3) shall be deleted.

35. A new Article 35a is inserted as follows:

" 1. The criminal liability of the President of the Principality and the members of the Governing Council shall be enforceable before the High Court of Justice of the Principality of Asturias for the acts committed in the territory of the Principality. Outside of this, the criminal liability will be enforceable before the Criminal Court of the Supreme Court.

2. In the case of the same Courts, the civil liability in which such persons have been incurred in the exercise of their duties shall be enforceable. '

36. A new systematic heading is created as follows:

" Title IIa. Of the auxiliary organs of the Principality of Asturias. "

37. A new Article 35b is added within the new Title IIa of the following wording:

" 1. The Trade Union of Accounts of the Principality of Asturias is created. By law of the Principality its composition and functions shall be regulated.

2. It shall depend directly on the General Board of the Principality and shall perform its duties by delegation of the Principality in the examination and verification of the General Account of the Principality. "

38. A new Article 35c is added within the new Title IIa of the following wording:

" The Advisory Council of the Principality of Asturias is hereby established as the highest consultative body of the Autonomous Community. By law of the Principality their composition and competences shall be regulated. "

39. Article 36 replaces "Asturias" with "Principality of Asturias" and is replaced "and the organic laws of the Judiciary and the General Council of the Judiciary" by "and the Organic Law of the Judiciary".

40. In Article 38, "Asturias" is replaced by "Principado de Asturias" and "in the organic laws of the Judiciary and the General Council of the Judiciary" by "in the Organic Law of the Judiciary".

41. Article 40 is deleted.

42. Article 41 (1) replaces "the organic laws of the Judicial Branch and the General Council of the Judicial Branch recognize or attribute" to "the Organic Law of the Judicial Branch recognizes or ascribes".

43. In Article 44, a new paragraph 10a of the following wording is added:

"Any other type of income that the legislation provides under Article 157 of the Constitution."

44. Article 47 (5) shall be deleted.

45. Article 50 is worded as follows:

"The Principality of Asturias shall promote the objectives set out in Articles 129.2 and 130.1 of the Constitution."

46. Article 51a (new).

The new Article 51a is worded as follows:

" It is for the Principality of Asturias the financial protection of the Local Corporations without prejudice to the autonomy guaranteed to them by Article 140 of the Constitution and in the framework of the provisions of Articles 142 and 149.1.18. a of it. "

47. Article 53 is deleted.

48. Article 54 is worded as follows:

"The acts and provisions of the Administration of the Principality are subject to the control of the judicial-administrative jurisdiction."

49. Article 55 is worded as follows:

" 1. The economic and budgetary control of the Principality of Asturias shall be carried out by the Principality of the Principality of Accounts, without prejudice to the functions of the Court of Auditors of the Kingdom.

2. The report of the Board of Auditors of the Principality shall be referred to the General Board for processing in accordance with the provisions of the Rules of Procedure of the House. "

50. A new Article 56a is inserted as follows:

" When the reform of this Statute is aimed solely at the extension of powers in matters that are not constitutionally reserved for the State, the initiative will be provided for in the previous article, and the draft reform must be approved by the absolute majority of the members of the General Board, before their subsequent approval by the General Courts as Organic Law. "

51. The first transitional provision is deleted.

52. The second transitional arrangement is deleted.

53. The third transitional provision is deleted.

54. Paragraph 1 of the fourth transitional provision shall be replaced by the words 'a Joint Committee' shall be replaced by 'the members of a Joint Committee shall be appointed'.

55. Paragraph 7 of the fourth transitional provision is deleted.

56. In the sixth transitional provision "the Regional Council of Asturias, the Provincial Council of Oviedo" is deleted.

57. In the seventh transitional provision, delete the "and ENSIDESA" point.

58. The eighth transitional arrangement is deleted.

59. The ninth transitional provision is deleted.

Single end disposition.

This reform of the Autonomy Statute of the Principality of Asturias will enter into force on the day following its publication in the "Official State Gazette".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Madrid, 5 January 1999.

JOHN CARLOS R.

The President of the Government, JOSÉ MARÍA AZNAR LÓPEZ