Royal Decree 1413 / 1995, Of 4 August, On Transfer Of Functions And Services Of The Administration Of The State To The City Of Melilla, In Urban Planning.

Original Language Title: Real Decreto 1413/1995, de 4 de agosto, sobre traspaso de funciones y servicios de la Administración del Estado a la Ciudad de Melilla, en materia de urbanismo.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Spanish Constitution, in its article 148.1.3., has the autonomous communities may assume competence in management of the territory, urban development and housing, article 149 the State reserving exclusive competence on various subjects related to that.


The Statute of autonomy of Melilla establishes in its article 21.1.1. ª which corresponds to the city of Melilla the exercise of competence in matters of management of the territory, urban development and housing, with the scope laid down in paragraph 2 of the same article.


Finally, the Statute of autonomy of Melilla also, establishes in its second transitional provision, the basis that must be set is the transfer of personnel, material and budgetary means for the responsibilities assumed by the city of Melilla, as well as operation of the Joint Commission of transfers.


In accordance with the provisions of the aforementioned second transitional provision, the Joint Commission of transfers adopted, at its meeting of July 24, 1995, the timely agreement, whose practical virtuality requires approval by the Government by Royal Decree.


Virtue, in compliance with the provisions of the second transitional provision of the Statute of autonomy of Melilla, a proposal by the Minister for public administrations and prior deliberation of the Council of Ministers at its meeting of August 4, 1995, D I S P O N G O: article 1.


Approves the agreement on the Joint Commission of transfers management of the State-City of Melilla, provided for in the transitional second provision of the Statute of autonomy of Melilla, which are transferred the functions and services of the administration of the State to the city of Melilla in urban planning, adopted by the plenary of the Committee at its meeting of July 24, 1995 and which is reproduced as an annex to the present Royal Decree.


Article 2.


As a result, the functions and services of the administration of the State, established in the agreement of the Joint Committee contained as an annex to this Royal Decree, the terms and conditions that are specified there are transferred to the city of Melilla.


Article 3.


The transfers referred to in this Royal Decree have effectiveness from the designated day in the agreement itself of the above-mentioned Joint Committee, notwithstanding that the Ministry of public works, transport and environment occur, until the entry into force of this Royal Decree, where appropriate, the administrative acts necessary for the maintenance of the services in the same regime and level of functioning which had at the time of the adoption of the agreement.


Sole final provision.


This Royal Decree shall enter into force the day following its publication in the "Official Gazette".


Given in Palma de Mallorca on August 4, 1995.


JUAN CARLOS R.


The Minister for public administration, John LERMA BLASCO annex Don Antonio Bueno Rodríguez and don José Antonio Jiménez Villoslada, Secretaries of the Mixed Commission of planned transfers in the transitional provision second of the autonomy statute of Melilla, they certify that at the plenary session of the Joint Committee held on July 24, 1995, an agreement on the transfer to the city of Melilla's functions and services of the administration of the State was adopted in (urban planning, in the terms listed below are expressed: to) reference to statutory and constitutional standards that they protects transfer.


The Constitution, in article 148.1.3. ª establishes that the autonomous communities may assume competence in management of the territory, urban development and housing, and article 149 reserve the State exclusive jurisdiction over various matters related to those.


For its part, the Statute of autonomy of Melilla, approved by Act 2/1995 of 13 March, establishes in its article 21.1.1. ª which corresponds to the city of Melilla the exercise of competence in matters of management of the territory, urban development and housing, with the scope laid down in paragraph 2 of the same article.


Text consolidated regime of the soil and urban planning Act, approved by Royal Legislative Decree 1/1992, of 20 June, and other supplementary provisions, such as, among others, planning regulations, urban development discipline and urban management, attributed to organs of the Government certain powers relating to urban activity purposes.


Finally, the second transitory provision of the Statute of autonomy of Melilla lays the foundation that must be set is the transfer of personnel, material and budgetary means for the responsibilities assumed by the city of Melilla, as well as operation of the Joint Commission of transfers.


On the basis of these policy forecasts, should carry out the transfer of functions and services, in the field of urban planning, the city of Melilla.


(B) functions assumed by the city of Melilla and identification of services that are transferred.


In urban planning and on the basis of article 21.1.1. ª of the autonomy statute of Melilla and 148.1.3. th, of the Constitution, the city of Melilla assumes, within its territory, under the terms of this agreement and of decrees and other regulations that make it effective and published in the «Official Gazette», the functions of adoption of management plans and the rest of normativo-reglamentario order established by legislation of the State general operative management, advisory, supervision and control, except those reserved to the administration of the State in subparagraph (C)) of this agreement.


(C) functions and services which reserves of the Government.


Consequently the value of transferred functions remain in the administration of the State and will continue to be exercised by the Ministry of public works, transport and environment or departments entitled to in each case, by reason of the matter, which attributes to the State Constitution, and in particular articles 131, 138 and 149 of the same as well as the provisions that are handed down in its development.


(D) functions that must attend to the administration of the State and the city of Melilla and form of cooperation.


The following functions will be coordination between the Ministry of public works, transport and environment and the city of Melilla: to) research and study in urban planning.


(b) the aid and economic, technical cooperation and the autonomous administrations and Local staff in the same materials.


(E) goods, rights and obligations that are transferred.


Identification and inclusion of the property, rights and obligations relating to this transfer will take place in the corresponding to the land and housing management.


(F) personnel attached to the services that are transferred.


Identification and inclusion of staff concerning this transfer will take place in the corresponding to the land and housing management.


(G) evaluation of the financial burdens of the transferred services.


The valuation of financial burdens relating to this transfer will take place in the corresponding to the land and housing management.


(H) documentation and records of the services that are transferred.


The delivery of the documentation and records of the services transferred will be held within a month since the publication of the Royal Decree by which this agreement is adopted.


I) effective date of transfer.


The transfer of functions and services subject to this agreement will be effective from August 16, 1995.


And for the record, issued this certificate in Melilla, to 24 July 1995-the Secretaries of the Joint Commission, Antonio Bueno Rodríguez and José Antonio Jiménez Villoslada.

Related Laws