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Royal Decree 1688 / 1994, Of July 22, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of La Rioja In Terms Of Chambers Of The Urban Property.

Original Language Title: Real Decreto 1688/1994, de 22 de julio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de La Rioja en materia de Cámaras de la Propiedad Urbana.

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TEXT

The Spanish Constitution provides in its article 149.1.18 that the State has exclusive competence on the basis of the legal regime of public administrations.

Likewise, and in accordance with the provisions of Article 9.9 of the Statute of Autonomy of La Rioja, approved by Law 3/1982 of 9 June, and reformed by Organic Law 3/1994, of 24 March, corresponds to the Community Autonomous, within the framework of the basic legislation of the State and in the terms that it establishes, the legislative development and the execution in matters of public law corporations representative of economic and professional interests that, as such, will be subject to the principles and bases established by the State in application of the Rules 1, 13 and 18 of Article 149 (1) of the Constitution.

Royal Decree 1225/1983, of March 16, determines the rules and the procedure to be followed by the transfer of functions and services of the State to the Community of La Rioja.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission on Transfers provided for in the transitional provision of the Statute of Autonomy of La Rioja, this Commission adopted at its meeting on 13 June 1994 the appropriate Agreement, the practical virtue of which requires the Government to approve it by means of a Royal Decree.

In its virtue, and in compliance with the provisions of the transitional provision of the Statute of Autonomy of the Community of La Rioja, on a proposal from the Minister for Public Administrations and after deliberation by the Council of Ministers at their meeting on 22 July 1994,

DISPONGO:

Article 1.

The Agreement of the Joint Committee provided for in the transitional provision of the Statute of Autonomy of La Rioja, for which the functions and services of the State Administration which must be the subject of transfer to the Autonomous Community of La Rioja in the field of the Chambers of Urban Property, adopted by the plenary session of the said Commission, at its meeting on 13 June 1994 and which is transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services related to the Joint Commission Agreement, in the terms specified therein, are transferred to the Autonomous Community of La Rioja.

Article 3.

These transfers will be effective from the date indicated in the Joint Commission Agreement.

Single end disposition.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid on July 22, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Don Antonio Bueno Rodríguez and don Cipriano Jimeno Jodra, Secretaries of the Joint Commission provided for in the eighth transitional provision of the Statute of Autonomy of La Rioja,

CERTIFY:

That at the plenary session of the Joint Committee, held on June 13, 1994, an Agreement was adopted on the transfer to the Autonomous Community of La Rioja of the functions and services of the State in matters of the Chambers of Property Urban in terms that are then expressed:

A) Reference to the constitutional, statutory and legal rules in which the transfer is covered.

The Spanish Constitution, in its article 149.1.18, reserves the State the competence on the basis of the legal regime of public administrations.

The Statute of Autonomy of La Rioja, approved by Law 3/1982 of 9 June, and reformed by Law No 3/1994 of 24 March, in its Article 9.9, attributes to the Autonomous Community, in the framework of the basic legislation of the State and in the terms of the legislation, the legislative development and enforcement in matters of public law corporations representing economic and professional interests which, as such, will be subject to the principles and bases established by the State in application of the rules 1, 13 and 18 of Article 149 (1) of the Constitution.

In addition, Article 8.1.8 of the Statute of Autonomy of La Rioja gives the Community exclusive jurisdiction in matters of housing.

The final provision of Law 4/1990, of 29 June, of the General Budget of the State for 1990, abolished the character of the public law corporation of the Official Chambers of Urban Property, empowering the Government, as well as to the public administrations that exercise the protection of the Chambers of Urban Property, to establish, in accordance with the provisions of the law, the regime and the destiny of the patrimony and personnel of these Chambers.

Decree 1649/1977 of 2 June, which approved the Regulation of the Official Chambers of Urban Property and other supplementary provisions, attribute to the Ministry of Public Works, Transport and the Environment powers with regard to those Chambers.

Royal Decree 789/1980, of March 7, approved the Regulation of the National Body of Secretaries of the Official Chambers of Urban Property, attributing to the Ministry of Public Works, Transport and Environment functions on regulation and administrative management of that body.

On the basis of these normative provisions it is legally possible for the Autonomous Community of La Rioja to have competence in the field of the Chambers of Urban Property, so it is necessary to operate in this field the corresponding transfer of functions and services to the same.

B) Functions of the State Administration that the Autonomous Community of La Rioja assumes.

It is transferred to the Autonomous Community of La Rioja within its territorial scope the ownership of the functions of the State Administration that the aforementioned provisions and other complementary ones attribute to the Ministry of Works Public, Transport and the Environment in relation to the Official Chamber of the Urban Property in La Rioja, corresponding to the Autonomous Community to adopt on its personnel and patrimony the measures provided for in the final disposition Law 4/1990, of 29 June, in the terms established there.

For the proper exercise of these activities between the Ministry of Public Works, Transport and the Environment and the Autonomous Community of La Rioja, the exchange of statistical information and reports and studies will be carried out. They have already been carried out or those that can be carried out, related to the integration of the staff and heritage of the Urban Property Chambers in the respective administrations.

C) Functions and services reserved by the State Administration.

In relation to the transferred functions it will be the State's competence:

1. To establish the basic legislation for the integration of the staff and heritage of the Chambers of Urban Property, in the terms provided for by the final provision of Law 4/1990 of 29 June.

2. To make the necessary arrangements for the integration into the State Administration of the National Body of Secretaries of Official Chambers of Urban Property and to exercise, in respect of it, the functions attributed to it by the legislation in force.

However, the Secretaries of the Chambers covered by this Agreement may, within one month of the publication in the Official State Gazette > of the Royal Decree approving it, choose between their integration into the Administration of the Autonomous Community of La Rioja or the State Administration in terms of the corresponding provisions that are dictated by one and another Administration in compliance with the final provision of Law 4/1990, of 29 July.

D) Goods, rights and obligations that are transferred.

There are no assets, rights and obligations in this transfer.

E) Staff assigned to the services being transferred.

There is no staff in this handover.

F) Job vacancies that are transferred.

There are no vacant jobs in this transfer.

G) Valuation of the financial burdens of the services transferred.

There is no assessment of the financial burdens of the services transferred.

H) Documentation and records of the services being transferred.

The documentation and records of the services transferred are those of the Official Chambers of the Urban Property referred to in this Agreement.

I) Transfer effectiveness date.

The transfer of functions covered by this Agreement will be effective from 1 July 1994.

And for the record, we issued this certification in Madrid on June 13, 1994. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and Cipriano Jimeno Jodra.