Advanced Search

Royal Decree 1051 / 1994, Of 20 May, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of Aragon In Chambers Of The Urban Property.

Original Language Title: Real Decreto 1051/1994, de 20 de mayo, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de Aragón en materia de Cámaras de la Propiedad Urbana.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

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

Likewise, and in accordance with the provisions of Article 35.1.24 of the Statute of Autonomy of Aragon, approved by Law 8/1982 of 10 August, and reformed by Law No 6/1994 of 24 March, it is for 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 Rules 1, 13 and 18 of Article 149 (1) of the Constitution.

Royal Decree 3991/1982, of 29 December, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of Aragon.

In accordance with the provisions of the Royal Decree cited, which also regulates the functioning of the Joint Commission of Transfers provided for in the transitional provision sixth of the Statute of Autonomy of Aragon, this Commission adopted at its meeting of 28 April 1994 the appropriate Agreement, the practical virtue of which requires the Government to approve it by means of a Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision sixth of the Statute of Autonomy of the Autonomous Community of Aragon, and at the proposal of the Minister for Public Administrations and prior deliberation of the Council of Ministers at its meeting on 20 May 1994,

D I S P O N G O:

Article 1.

The Agreement of the Joint Committee provided for in the sixth transitional provision of the Statute of the Autonomous Region of Aragon is hereby approved for the purpose of implementing the functions and services of the State Administration which must be the subject of transfer to the Autonomous Community of Aragon in the field of the Chambers of Urban Property, adopted by the plenary session of the said Commission, at its meeting on 28 April 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 Aragon.

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 May 20, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Don Antonio Bueno Rodríguez and don José María Hernández de la Torre y García, Secretaries of the Joint Commission provided for in the transitional provision sixth of the Statute of Autonomy of Aragon,

CERTIFICATE

That at the plenary session of the Joint Committee, held on 28 April 1994, agreement was adopted on the transfer to the Autonomous Community of Aragon of the functions and services of the State in matters of the Chambers of Property Urban, in the terms below are 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 the Administrations>.

The Statute of Autonomy of Aragon, approved by Organic Law 8/1982 of 10 August, and reformed by Organic Law 6/1994, of 24 March, in its article 36.1.4, attributes to the Autonomous Community, in the framework of the basic legislation of the State and in terms of the establishment of legislative development and enforcement in matters of public law corporations representing economic and professional interests which, as such, shall be subject to the principles and bases established by the State pursuant to Article 149 (1), (1), (13) and (18) of the Constitution.

Also, Article 35.1.3. of the Statute of Autonomy of Aragon gives the Community exclusive competence 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 exercising the protection of the Chambers of Urban Property, in order to establish, in accordance with the provisions of the law, the regime and the destiny of the assets and personnel of these Chambers.

Until this regulation enters into force, the same final provision provides for a transitional regime for the application of the previous legislation, with the limitations that are expressed in those rules, and which must also be maintained once produced the transfer, when the Autonomous Community replaces the State Administration as a tutelent of the 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 constitutional, statutory and regulatory provisions it is legally possible for the Autonomous Community of Aragon to have powers in matters of the Chambers of Urban Property, which is why operate in this field the corresponding transfer of functions and services to the same.

B) Functions of the State Administration that assumes the Autonomous Community of Aragon:

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

For the proper exercise of these activities between the Ministry of Public Works, Transport and the Environment and the Autonomous Community of Aragon will be carried out the exchange of statistical information and reports and studies This is the case for 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 State 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 which are the subject of this agreement may, within one month of the publication of the Royal Decree of the Royal Decree approving it, choose between their integration into the Administration of the Autonomous Community of Aragón or the State Administration in terms of the corresponding provisions which are dictated by one and another Administration in compliance with the final provision of Law 4/1990, July 29.

D) Goods, rights and obligations that are transferred:

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

E) Staff assigned to services that are transferred:

There is no staff in this handover.

F) Job vacancies that are moved:

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 files for services that are 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 at April 28, 1994. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and José María Hernández de la Torre and García.