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Act 2/1995 Of March 13, Statute Of Autonomy Of Melilla.

Original Language Title: Ley Orgánica 2/1995, de 13 de marzo, de Estatuto de Autonomía de Melilla.

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TEXT

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 Organic Law:

PREAMBLE

The present Statute of Autonomy, established in accordance with the provisions of Article 144 (b) of the Spanish Constitution, is the legal expression of the identity of the city of Melilla and defines its institutions, powers and resources, within the broadest solidarity among all the peoples of Spain.

With its approval, Melilla accesses its self-government regime, enjoying autonomy for the management of its interests, integrating and completing the autonomic system that has developed from the Spanish Constitution.

Melilla, aware of its historical significance, hopes that the process that starts with this Statute will enable its citizens to share and promote the basic objectives and values that are included in it, improving living and working conditions, facilitating the right conditions for the freedom and equality of the people to be real and effective, promoting the economic and social progress of the City and encouraging respect, understanding and appreciation of the cultural plurality of its population.

PRELIMINARY TITLE

Article 1.

Melilla, as an integral part of the Spanish Nation and within its indissoluble unity, accesses its self-government regime and enjoys autonomy for the management of its interests and full capacity for the fulfillment of its aims, in accordance with the Constitution, in the terms of this Statute and in the framework of solidarity between all the territories of Spain.

Article 2.

The territory of the city of Melilla is understood in the current delimitation of its municipal territory.

Article 3.

1. The flag of the city of Melilla is the traditional blue blue with the city shield in the center.

2. The coat of arms of Melilla is the traditional one of the city.

3. The anthem of Melilla will be established by your Assembly.

Article 4.

1. For the purposes of this Statute, the Spanish citizens who, in accordance with the general laws of the State, have administrative vicinity in the Municipality of Melilla, enjoy the status of Melilenses.

2. Spanish citizens residing abroad who have had their last administrative neighbourhood in the Municipality of Melilla and credit this circumstance also enjoy the status of the political rights recognized in this Statute. in the corresponding Consulate of Spain, as well as the descendants of these, registered as Spanish, if so requested, in the form determined by the Law of the State.

3. The Melilla communities located outside the city of Melilla will be able to collaborate and share the social and cultural life of the people of Melilla.

Article 5.

1. The fundamental rights and duties of the Melillenses are those established in the Constitution. 2. The institutions of the city of Melilla, within the framework of their competences, will exercise their powers with the following basic objectives:

a) Improving living conditions, raising the cultural and working level of all people.

b) Promote the right conditions so that the freedom and equality of the Melillenses are real and effective; to facilitate the participation of the Melillenses in the political, economic, cultural and social life of Melilla.

c) Adopt measures that promote investment and promote the economic and social progress of Melilla, facilitating employment and improving working conditions.

d) The overcoming of the economic, social and cultural conditions that determine the uprooting of mass population collectives.

e) The promotion of quality of life, through the protection of nature and the environment, the development of social facilities and the access of all layers of the population to the goods of culture.

f) The protection and enhancement of the landscape and the historical-artistic heritage of Melilla.

g) The realization of an effective communications system that enhances human, cultural and economic exchanges.

h) The promotion and encouragement of the values of understanding, respect and appreciation of the cultural and linguistic plurality of the people of the town.

TITLE I

From the institutional organization of the city of Melilla

Article 6.

It is the institutional bodies of the city, the Assembly of Melilla, the President and the Governing Council.

The organisation and functioning of such bodies shall be in accordance with the provisions of this Statute and the rules which the Assembly of Melilla shall dictate in its development.

CHAPTER I

Of The Assembly

Article 7.

1. The Assembly of Melilla, a representative body of the City, will be composed of 25 members, elected in the City by universal suffrage, free, equal, direct and secret. The elections shall be governed by the provisions of the state legislation governing the general election regime for the holding of local elections.

2. Members of the Assembly of Melilla also hold the status of Councilors.

Article 8.

1. Eligible voters will be older citizens who are in full use of their political rights and comply with the requirements laid down in the state legislation regulating the general election regime for holding elections. Local authorities, although both in the documentation that is being processed and on the ballot papers, expressly mention the mention "Elections to the Assembly of Melilla".

2. The constituency will be the municipality of Melilla.

3. The date of the elections will be the date of the local elections throughout the Spanish territory. Its call will be for the Government of the Nation.

4. The elected Assembly shall be convened by the President of the City within twenty days of the holding of the elections.

Article 9.

1. The Assembly of Melilla shall approve its Rules of Procedure by an absolute majority and shall be governed by a Bureau composed of the President of the City, who shall preside over it, and two Vice-Presidents elected by the Assembly of its members.

2. In order to give an opinion on specific cases or for the preparation of the agreements of the plenary assembly of the Assembly, committees may be constituted in which all the political groups of the Assembly shall be represented, in the terms to be determined in the Regulation.

Article 10.

1. The Assembly of Melilla shall meet in ordinary sessions, upon convocation of its President, in the terms and periodicity to be established in the Rules of Procedure. In any case, an ordinary session shall be held at least every month.

2. Extraordinary sessions shall also be held when the President so decides, or the fourth party to at least the members of the Assembly so requests. In the latter case, the extraordinary session shall be held within a maximum of two months from the request.

Article 11.

1. For the deliberation and adoption of agreements, the Assembly must be jointly regulated. Agreements shall be adopted by a simple majority of those present if the Statute, the laws or the Rules of Procedure do not require qualified majorities.

2. The vote is personal and inselectable.

3. The sessions of the Assembly shall be public, except in the exceptional circumstances in which the Rules of Procedure authorize the contrary in accordance with the provisions of Article 18.1 of the Constitution.

Article 12.

1. Corresponds to the Assembly of Melilla:

(a) Exercise the regulatory power attributed to the City of Melilla in the terms provided for in this Statute.

b) Exercise the legislative initiative in the terms provided for in this Statute.

c) Choose from among its members the President of the City of Melilla.

d) Driving and controlling the action of the Governing Council.

e) Approve the budgets and accounts of the city of Melilla without prejudice to the control that corresponds to the Court of Auditors.

f) Approve the plans for promotion, management and action of general interest for the City.

g) Approve your own Regulation.

(h) Approve the basic rules for the organisation and operation of the City's services, in accordance with the provisions of this Statute.

i) Approve the agreements to be concluded with any of the Autonomous Communities and with the city of Ceuta, and the cooperation agreements with those or those that are precise.

(j) The determination and management of own resources of a tax character in the terms laid down in this Statute.

k) The other functions attributed to him by the laws of the State and the present Statute.

2. The Assembly shall also exercise the remaining powers which, in accordance with the Law on the Local Basis, correspond to the plenary session of the Councils.

However, the Assembly may delegate to the Governing Council the powers provided for in Article 22 (2) (i) of that Law.

Article 13.

Assembly of Melilla may request the adoption of a bill from the government or send a bill to the Congress Bureau, delegating to the Congress a maximum of three Assembly members in charge of the bill. defense.

CHAPTER II

From The President

Article 14.

1. The President of the City of Melilla presides over the Assembly, the Governing Council, whose activity he directs and coordinates, and holds the supreme representation of the City.

2. The President appoints and separates the Directors and may temporarily delegate their own executive functions to some of the members of the Board.

Article 15.

The President, who also holds the status of Mayor, will be elected by the Assembly from among its members and appointed by the King.

The election, which will have to be held among the members of the Assembly of Melilla that will lead one of the electoral lists that have won the seat, will be made by an absolute majority. In the event that no candidate obtains the majority, it shall be designated as President who shall lead the list which has obtained the highest number of votes.

CHAPTER III

From The Governing Council

Article 16.

1. The Governing Council is the collegiate body that holds the executive and administrative functions of the city of Melilla. The Governing Council is composed of the President and the Directors.

2. The members of the Council shall be appointed and freely separated by the President, taking account of the Assembly.

Article 17.

1. The Governing Council is responsible for the direction of the city's policy and for the exercise of its executive and administrative functions, without prejudice to the powers reserved to the Assembly.

2. The Governing Council may develop regulations governing the rules adopted by the Assembly in cases where they expressly authorize it.

3. In any event, the Governing Council shall have the competence to develop the rules laid down by the Assembly on the organisation and operation of the administrative services of the City of Melilla.

Article 18.

1. The Governing Council responds politically to the Assembly in solidarity, without prejudice to the responsibility of each of its members for its management.

2. The Governing Council shall cease after the elections to the Assembly, the resignation, incapacity or death of its President, the approval by the Assembly of a motion of censure or the denial of the requested trust.

3. The Governing Council will continue its duties until the new Council is sworn in.

Article 19.

1. The President, after deliberation by the Governing Council, may raise the question of confidence in his programme or on a general policy statement to the House. Trust shall be understood when voting in favour of the simple majority of the members of that person.

The session will be chaired by the Vice President of the Assembly of Melilla. If the Assembly refuses its confidence, the President shall present the resignation and the Deputy Speaker shall convene, within the maximum period of 15 days, the plenary session for the election of the new President, which shall take place in accordance with the provisions of the Article 15 of this Statute.

2. The Assembly, in a session chaired by a Vice-President of the Assembly, may demand the responsibility of the President of the Governing Council by the absolute majority of a motion of censure, which shall include a candidate for the President of the City, among the members of the Assembly.

The motion of censure shall be signed, discussed and voted in accordance with the provisions of Article 197 of the Organic Law of the General Electoral Regime.

If the Assembly will adopt a motion of censure, the candidate included in the approved motion will be understood to be vested with the confidence of the Assembly and will be appointed President of the City.

The President will not be able to raise the issue of trust while a motion of censure is pending.

TITLE II

Melilla city competencies

Article 20.

corresponds to the City of Melilla, in the terms provided for in this Statute, the competence of the organization and operation of its institutions of self-government.

Article 21.

1. The City of Melilla shall exercise competence over the matters listed below, with the scope provided for in paragraph 2 of this Article:

1. Land Management, Planning and Housing.

2. Public works of interest to the City that are not in the general interest of the State.

3. Road, roads and land and cable transport.

4. Ports and sports airports.

5. Agriculture and livestock farming.

6. Montes and forest exploitation.

7. Projects, construction and exploitation of hydraulic harness.

8. Caza.

9. Aquaculture And Shellfish.

10. Indoor fairs.

11. Promoting the economic development of the City within the objectives, plans and programs approved by the State.

12. The craft industry.

13. Museums, archives, libraries and conservatories of interest to the city of Melilla, which are not of state ownership.

14. Cultural, historical and archaeological heritage, monumental, architectural and scientific of interest to the City.

15. Promotion and promotion of culture in all its manifestations and expressions.

16. Promotion and management of tourism in its territorial area.

17. Promotion of sport and the proper use of leisure.

18. Social assistance.

19. Health and hygiene.

20. Administrative procedure derived from the specialties of the own organization of the city of Melilla.

21. Casinos, games and bets, excluding the Sport-beneficial Mutual Bets.

22. Savings Boxes.

23. Statistics for City purposes.

24. The surveillance and protection of its buildings and facilities. Local police on the terms established by the Law referred to in Article 149.1.29 of the Constitution.

25. The other matters assigned to him by the State.

2. In relation to the matters listed in the preceding paragraph, the jurisdiction of the city of Melilla shall include the powers of administration, inspection and sanction, and, in the terms laid down by the general law of the State, the exercise of the powers of the of regulatory powers.

Article 22.

1. It is for the City of Melilla to implement the legislation of the State in the following matters:

1. Management in the field of environmental protection, including industrial discharges and pollutants.

2. Internal Trade. Consumer and user advocacy.

3. Industry, in order to boost the economic development of the City.

4. Civil Protection.

5. th Advertising and shows.

6. Energy production, distribution and transport facilities when this transport does not leave Melilla and its use does not affect other territory.

7. Press, radio, television and other social media.

8. Intellectual Property.

2. In relation to these matters, the jurisdiction of the City shall include the powers of administration, inspection and sanction, as well as regulatory powers for the organisation of the corresponding services.

Article 23.

In the framework of the general programming of the teaching, the city of Melilla will propose to the State Administration the teaching characteristics to be taught in the centers, taking into account the needs that are considered priorities for the melillense community.

Article 24.

1. The City of Melilla may draw up and submit to the Government any reports, studies or proposals relating to the management of public undertakings and autonomous entities dependent on the State and implemented in Melilla or its impact on the socio-economy of the City. Such reports, studies or proposals shall give rise to the reasoned decision of the Government or of the bodies or entities holding the participation of undertakings.

2. The City of Melilla shall exercise the other powers conferred on it by the law of the State in relation to such undertakings and entities.

Article 25.

The city of Melilla will also exercise all the powers that the state legislation attributes to the city councils, as well as those currently exercised by the provincial councils and which in the future can be attributed to them. by State Law.

Article 26.

the City of Melilla, by agreement of its Assembly, may propose to the Government the adoption of the necessary measures to modify the applicable laws and general provisions, in order to adapt them to the peculiarities of the City.

Article 27.

All competitions in the city of Melilla will be understood as referring to your territory.

TITLE III

From the legal regime

Article 28.

The city of Melilla has its own legal personality and, in the exercise of its powers, will enjoy the powers and privileges that the legal system attributes to the territorial public administrations.

Article 29.

Regulations and other provisions and acts of general effectiveness, emanating from the various organs of the City, shall in any case be published in the "Official Gazette of the City of Melilla".

Article 30.

The City of Melilla is governed by administrative procedure, contracts, concessions, expropriations, patrimonial liability, property regime and other aspects of the legal system of its Administration, established in general by the law of the State on Local Regime, without prejudice to the specialities derived from the own organisation of the City established by this Statute.

Article 31.

The legal status of the City of Melilla staff will be, as far as personal staff is concerned, established in the state legislation on local civil service. The transferred staff shall be subject to the provisions laid down in the fourth additional provision of this Statute.

Article 32.

1. The regulatory rules and acts and agreements dictated by the City of Melilla shall in any event be challenged before the competent bodies of the administrative-administrative jurisdiction.

2. With regard to the review of acts and agreements on the administrative basis, the corresponding legislation of the State shall be provided for.

TITLE IV

Cooperation with the State Administration in Melilla

Article 33.

At the initiative of the President of the City of Melilla and the Delegate of the Government in the same, they will be able to constitute, by common agreement between the two administrations, bodies responsible for producing and, if necessary, controlling the execution of joint plans and programmes of works and services, when deemed necessary for the best satisfaction of the interests of the City. This is without prejudice to the competences which correspond, in their respective fields, to each of the two administrations.

TITLE V

Economic and financial regime

Article 34.

The city of Melilla, subject to the principle of coordination with the state treasury, enjoys financial autonomy, is the holder of public domain and property and property, according to the Constitution, the This Regulation shall apply to the Member States of the European Union. In accordance with these principles, the State will guarantee the financial sufficiency of the City.

Article 35.

1. The heritage of the city of Melilla will be integrated by:

1. The estate of the City Council at the time of the entry into force of this Statute.

2. The goods affected by the services which, in application of the provisions of this Statute, are transferred to the city of Melilla.

3. The goods acquired by any legal title.

4. No. Any other goods and rights that correspond to you in accordance with the provisions of this Statute or any other legal provision.

2. The city of Melilla has full capacity to acquire, manage and dispose of the assets that make up its heritage.

Article 36.

The City of Melilla shall have the resources that correspond to it in the terms of this Statute, as well as those that the local financial legislation establishes in the future for municipalities and provinces.

In particular, you will have the following resources:

1. The yields of their own taxes, which shall be those provided for in the legislation of the State for the municipalities and provinces and in the second provision of this Statute.

2. The complementary allocations to be established in the General Budget of the State as a guarantee of the minimum level of the core services of its competence.

3. º The stakes in state taxes according to the criteria established for municipalities and provinces.

4. The transfers derived from the Interterritorial Compensation Fund and other funds intended to promote development, in accordance with the criteria laid down in the regulatory provisions thereof.

5. The income derived from the City's heritage and the proceeds of private law, inheritance, legacies and donations.

6. º The revenue from the imposition of fines and penalties in the area of their jurisdiction.

7. The product of credit operations.

8. º The transfers received by the city of Melilla in application of the participation in the state revenues, due to the state's past competences.

9. º The returns of the taxes of the State that are ceded by him. The scope and terms of the assignment will be determined by law.

10. How many other resources are attributed to the Autonomous Communities and local entities by state legislation or, through the State's General Budget, as a consequence of Spain's linkage to the European Union.

Article 37.

The City of Melilla may conclude credit operations in all its modalities and with any persons or entities in the terms provided for in this Article.

1. For the financing of its investments, the city of Melilla can go to public and private credit, in the medium or long term, in any of its forms.

2. Obtaining credits can be used in the following ways:

(a) The public issue of debt securities.

b) Hiring of loans or loans.

c) Full or partial replacement or replacement of pre-existing debts.

d) Contract of endorsements.

3. The payment of the obligations arising from the credit operations may be guaranteed with the affectation of specific income and with the provision of collateral on certain assets of the assets of the local entities.

4. The City of Melilla may arrange for cash-flow operations with any financial institution to meet its obligations, provided that as a whole it does not exceed 30 per 100 of its annual revenue of an ordinary character and shall remain necessarily cancelled, with their interest, before the end of the financial year following the year in which they are contracted.

5. The credit operations to be completed abroad and the instruments issued by public issues of representative securities shall require the prior authorisation of the competent bodies of the Ministry of Economic Affairs and Finance.

The operating concert intended to be performed, once the total annual financial burden of the City exceeds 25 per 100 of its annual income of a current character, will require the prior authorization that it shall be the responsibility of the competent bodies of the Ministry of Economy and Finance.

Article 38.

1. The management, settlement, collection, inspection and review of their own taxes shall correspond to the City of Melilla in the manner in which it is established in the legislation on the financial regime of the Local Entities.

2. The management, liquidation, inspection and review of the taxes of the State collected in the territory of the city of Melilla shall correspond to the tax administration of the State, without prejudice to the collaboration that may be established, especially when required by the nature of the tribute.

Article 39.

The establishment, modification, deletion and management of taxes and exemptions and bonuses that affect them will necessarily be regulated by the plenary assembly agreement.

Article 40.

1. It is up to the Governing Council to prepare and implement the City's budget, and to the Assembly of Melilla, its examination, amendment, approval and control in accordance with the state legislation on the financing of local entities.

2. The budget shall be single, annual and shall include all the revenue and expenditure of the City and of the agencies, institutions and undertakings of which it is dependent.

TITLE VI

Reform of the Statute

Article 41.

1. The initiative of the reform shall correspond to the City Assembly, in accordance with the power of legislative initiative provided for in Article 13 of this Statute, to the General Courts or to the Government of the Nation.

2. The reform bill passed by the Assembly will require a two-thirds majority of the bill. In any case, the reform proposal will require the approval of the General Courts through Organic Law.

Additional disposition first.

As not provided for in this Statute and in the rules that the City of Melilla will dictate in its development, the law of the State shall apply.

Additional provision second.

They will subdue the economic and fiscal peculiarities currently existing in the city of Melilla, without prejudice to the necessary adaptations to be made deriving from the connection of Spain to supranational entities.

By law of the State will be updated and will guarantee the peculiarities of the economic and fiscal regime of Melilla.

Additional provision third.

1. The percentage by participation in the collection of state revenue, as provided for in point 8. of Article 36 of this Statute, shall have its initial basis on the actual cost of the services transferred, contained in the revenue State by direct and indirect taxes which are not eligible for disposal, excluding the resources and shares of the European Union (EU), as well as the revenue corresponding to the contributions of the Social Security system and contributions to the unemployment.

2. The percentage indicated in accordance with the provisions of the preceding number one shall be five-yearly and shall be reviewable only in the following cases:

(a) When the competencies assumed by the City of Melilla are expanded or reduced and the State previously performed.

b) When substantial reforms are carried out in the state tax system.

c) When, after five years since its entry into force, its review by the State or the City of Melilla is requested.

3. In order to determine the financing of the percentage of participation in each year of the five-year period, the same rules of evolution shall apply as those used to determine the annual amount of the units of the Autonomous Communities. in the State's revenue.

The same procedure will also be followed to practice the respective final settlement.

4. The percentage of the participation of the city of Melilla in the income of the State, regulated in the previous numbers, will be approved by the Law of General Budgets of the State corresponding to the first year of the five-year period to which it refers.

Additional provision fourth.

1. The system of officials assigned to the State-owned services affected by transfers to the city of Melilla shall be that established by the State-owned civil service legislation for officials transferred to the Communities. Stand-alone.

2. In any event, such officials shall be respected all the rights, of any order and nature, which correspond to them at the time of the transfer, including the right to take part in the transfer competitions that the State has called for conditions with other members of your Body or Scale.

Additional provision fifth.

The city of Melilla will be able to establish with the Autonomous Community of Andalusia and with the city of Ceuta relations of special collaboration.

Additional provision sixth.

By corresponding State regulations, the Judicial Plant will be adapted to the needs of Melilla.

First transient disposition.

The accommodation of the organization of the City of Melilla to that provided for in this Statute shall be effected in accordance with the following rules:

1. The next local elections, to be held on Sunday, May 28, 1995, will be convened to elect members of the Assembly of Melilla in accordance with the provisions of Article 7 of this Statute.

The constitution of this Assembly will be carried out in the same time and with the same procedure provided for the constitution of municipal corporations in the Organic Law of the General Electoral Regime.

2. The governing bodies of the City Council shall continue in office until the new organs of the City are established, in accordance with the provisions of Article 194.2 of the Organic Law of the General Electoral Regime.

Second transient disposition.

The transfer of personal, material and budgetary means corresponding to the powers assumed by the City of Melilla, under this Statute, shall be made in accordance with the following bases:

1. Within one month of the establishment of the higher organs of the City, a Joint Commission of a Joint Nature, composed of Vocals appointed by the Government of the Nation and the Governing Council of the City of Melilla.

2. It shall be the functions of this Joint Committee to carry out at the same time the services and the personal, financial and financial means affected by them, which must be transferred.

3. The Joint Committee shall establish its own operating rules.

4. The agreements of the Joint Commission will take the form of proposals to the Government of the Nation, which will approve them by Royal Decree, in which they will appear as annexes, published in the "Official Gazette" of the city and in the " Official Gazette of the Status ", taking effect from this publication.

5. It shall be sufficient for the registration in the Land Registry of the transfer of real estate and the rights of the State to the City of Melilla the certification of the Joint Commission of the agreements duly promulgated. These certifications will contain the requirements required by the Mortgage Act.

6. The change of ownership in the lease of premises for public offices or for other purposes, affected by the services being transferred, shall not entitle the lessor to terminate or renew the contracts.

Transient Disposition third.

The City of Melilla agreements on taxes and budgets will be impeachable in the administrative-administrative way.

Fourth transient disposition.

In the absence of the system provided for in the third provision of this Statute, the State shall guarantee the valuation of the transferred services with an amount equal to the effective cost of the services, as the methodology used in this respect in the transfers to the Autonomous Communities.

Single end disposition.

This Statute shall enter into force on the day following its publication in the Official Gazette of the State.

Therefore,

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

Madrid, March 13, 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ