Advanced Search

Royal Decree 816/1990, Of 22 June, Amending Chapter Iii Of The Regulation General Of The Chambers Official Of Commerce, Industry And Navigation Of Spain, Which Regulates The Electoral System Of These Corporations.

Original Language Title: Real Decreto 816/1990, de 22 de junio, por el que se modifica el capítulo III del Reglamento General de las Cámaras Oficiales de Comercio, Industria y Navegación de España, que regula el sistema electoral de estas Corporaciones.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Chapter III of the General Regulation of the Official Chambers of Commerce, Industry and Navigation of Spain, which regulates the current legal regime for the exercise of active and passive electoral law in these Corporations, was established by Royal Decree 753/1978 of 27 March 1978, which amended the Regulation adopted by Decree 1291/1974 of 2 May 1974.

This was a reform of a provisional nature to establish an electoral procedure according to the newly established democratic system, since the General Rules of the Chambers approved by Decree 1291/1974 refer to the The Court of Justice of the European Communities, which was amended by Royal Decree-Law 19/1976 of 8 October; Law 19/1977 of 1 April, and Royal Decree 31/1977 of 2 July 1977, who repealed, for opposing them, the previous electoral procedure.

Subsequently promulgated the Spanish Constitution-which in its article 52 states that the Law will regulate professional organizations that contribute to the defense of their own economic interests, as well as the structure and functioning of such organizations should be democratic-, it is advisable to review the electoral procedure of the Chambers, established by Royal Decree 753/1978, to guarantee in the, to the maximum, the compliance of this constitutional mandate, introducing the amendments recommended by the practice for achieve the highest possible participatory level in the elections and the maximum representativeness of the sectors integrated in the censuses of these Corporations.

For this purpose, age and exercise limitations have been reduced in the activity required for eligibility or the number of avalists for the submission of applications and the Boards have been created. Electoral to guarantee the transparency and objectivity of the electoral process, discharging from these functions to the organs of the Chambers themselves, system implanted in the political ambit by the Organic Law 5/1985, of June 19, of Regime Electoral General, which entrusts these tasks to the electoral administration.

The necessary adaptation of the Spanish rules to the Community Directive 67 /43/EEC of 12 January 1967 is also included in this Royal Decree, in order to eliminate discrimination against companies from Member States of the EEC, This Directive is currently with the nationals on affiliation and eligibility to the governing bodies of the Official Chambers of Commerce, Industry and Shipping. The companies in the Community countries are thus totally equated with the Spanish ones.

The principles set out above, to achieve the maximum possible participation and representativeness, linked to the fact that, in the present year, it is the renewal of the governing bodies of the chambers by termination. It is necessary to amend, provisionally, Chapter III, which regulates the "Elections", of the current General Rules of the Chambers, until the final regulation is definitively established.

As a result of the autonomic fact, there are several Communities that currently have jurisdiction in the field of Chambers of Commerce, Industry and Navigation, so their collaboration in the field was requested. preparation of the amendments introduced by the present Royal Decree on the electoral matters of the Chambers referred to.

Finally, the Royal Decree has been submitted to the mandatory report of the Superior Council of the Official Chambers of Commerce, Industry and Navigation of Spain.

Consequently, in agreement with the State Council, on the proposal of the Minister for Economic Affairs and Finance, after deliberation by the Council of Ministers on 22 June 1990,

DISPONGO:

Single item.

Chapter III "Elections" of the General Regulation of the Official Chambers of Commerce, Industry and Navigation, approved by Decree 1291/1974, of 2 May, in its wording given by Royal Decree 753/1978, of 27 March, remains written as expressed in the annex to this Royal Decree.

ADDITIONAL DISPOSITION

This Royal Decree is of direct application in the Autonomous Communities that have not assumed competence in matters of the Official Chambers of Commerce, Industry and Navigation. In those communities that have them taken over, it will be applied with an extra character.

REPEAL PROVISION

The provisions of the General Rules of Chambers adopted by Decree 1291/1974 of 2 May, as amended by Royal Decree 753/1978 of 27 March 1978, are without effect, contrary to the provisions of this Royal Decree. Decree.

FINAL DISPOSITION

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

Given in Madrid to June 22, 1990.

JOHN CARLOS R.

The Minister of Economy and Finance,

CARLOS SOLCHAGA CATALAN

ANNEX

CHAPTER III

Elections

" Article 16.

1. They have an active and passive electoral right in the respective Official Chambers of Commerce, Industry and Navigation the natural and legal persons registered in the last census approved by the Corporation, according to their respective Regulations of Internal arrangements, provided that they are not disabled by some of the cases that they determine incapacity in accordance with the rules in force.

2. Individual employers shall exercise their right to vote in person; minors and incapacitated persons, by means of persons assigned to them for the purpose of carrying out business. Legal persons shall exercise their active electoral rights by means of a representative with sufficient power.

3. Natural or legal persons having branches or agencies in constituencies corresponding to the demarcation of several Chambers shall have an active and passive electoral right in each of them. The same rule shall apply to undertakings which have their registered office in the demarcation of one Chamber and to develop their activities in that of another Chamber or other.

Art. 16 bis.

1. To be eligible as a full member, the following requirements must be met:

a) Forming part of the House census.

b) Be an elector of the corresponding group or category.

c) Being older if it is a physical person.

d) Be aware of the payment of the House's resources.

e) To carry out at least two years of business activity in the Spanish territory, or at the level of the EEC in the case of companies from other Member States. This circumstance shall be credited by the discharge in the corresponding tax licence or, where appropriate, equivalent accreditation for the exercise of the activity in the case of other EEC countries.

(f) Not to be an employee of the Chamber or to be participating in works or contests that the Chamber has convened, at the time of filing or holding elections.

2. Foreign companies from non-EEC countries with establishment or branches in Spain may be chosen if they meet the above requirements, taking into account the principle of international reciprocity.

3. The term of office of the members of the Chambers shall be four years, and may be re-elected.

4. Natural or legal persons carrying out activities corresponding to different groups of the census of a Chamber shall have an active and passive electoral right in each of them. However, if they are elected in more than one group, they must resign within three days to the posts of members of the plenary sitting in excess of one. If they do not resign within the prescribed period, it shall be carried out in the group or groups in which they have established the least seniority or, if the latter is the same, in the group or groups which satisfy a minor quota, and shall be deemed to be automatically elected to the next most voted candidate. Natural or legal persons carrying out various activities, belonging to different categories of the same group, shall be cumulated with all the fees they pay within this group to determine the category in which they are to exercise their Electoral law, active or passive.

Art. 17.

1 It is for the competent authority of the administration to exercise the authority to determine the opening of the electoral process for the renewal of the members of the Plenes of the Chambers belonging to its territorial scope.

2. Ten days after the opening of the electoral process, the Chambers must present their censuses to the public at their registered office, in their delegations and in those other places that they deem appropriate for their most publicity, within thirty days. natural. Complaints concerning the inclusion or exclusion of undertakings in the relevant groups and categories may be filed from the moment the exposure of the censuses to the public is initiated up to 10 days after the expiry of the deadline. indicated by that exposure. The House Secretariat shall provide a justification for the submission of complaints.

3. The Executive Committee of the House shall resolve the complaints made within a period of 15 days from the date of the expiration of the open period for the submission of such claims. The House agreements may be brought before the competent body within a period of 15 days, which shall also be resolved within a period of 15 days, in the light of the report of the Chamber concerned.

Art. 17 bis.

1. After the time limits laid down in the previous Article, the competent body, after consulting the Chambers of its territorial scope, shall hold the elections.

The notice shall be published at least 40 days in advance of the date of the election, in the 'Official Gazette' of the province or in the 'Official Journal of the Autonomous Community', as appropriate, and at least one of the following: the newspapers of greatest circulation within the constituency of the Chamber.

The Chambers will give publicity to the call at their social venues and in their delegations and by the media that they consider more timely.

2. The call shall include:

a) The days and hours in which each group or category must cast the vote for the election of their representatives.

b) The number of polling stations and the places where they are to be installed.

c) The deadlines for the exercise of vote by mail.

d) The seats of the Electoral Boards.

3. The choices of each group and category shall be held in a single day and when several Colleges are established, simultaneously in all of them.

Art. 18.

1. Within eight days of the publication of the call, the Electoral Boards shall be composed of three representatives of the voters of the Chambers and two persons appointed by the Tutelent Administration, one of the which shall perform the duties of President.

2. The President shall appoint the Secretary of the Electoral Board with a voice and without a vote necessarily between the officials of the tutoring administration or the Secretaries of the Chambers of the Demarcation. In any case, the Electoral Board shall seek the advice of a Secretary of the Chambers of the Demarcation.

3. The Electoral Boards will have provincial scope.

4. The representatives of the voters of the Chambers in the Electoral Board shall be chosen, by lot, between a list of electors proposed by the plenary of each Chamber in number of one for each group. The drawing shall be carried out in public, chaired by a representative of the Administrative Administration on the first working day following the publication of the call and two alternates shall be chosen for each member. In case of application to be a member of the plenary session, they must resign to be part of the Board.

5. The mandate of the Electoral Boards shall be extended until the fifteen days following the elections, at which time they shall be dissolved.

Art. 18 bis.

1. Applications must be submitted to the Secretariat of the Chamber concerned within 15 days of the date of publication in the 'Official Gazette' of the province or in the 'Official Journal of the Autonomous Community', as appropriate, of the call of the election. Nominations shall be endorsed by the signature at least 5 per 100 of the voters of the group or, where appropriate, of the category concerned. If the number of voters in the group or category is more than two hundred, it shall be sufficient for the signature of ten electors for the presentation of the candidate. The authenticity of the signature shall be credited by public fedatary, bank recognition or certification of the Secretary of the Corporation.

2. After the deadline for submission of applications the corresponding Electoral Board, after verifying the fulfilment of the requirements required for the submission of the candidacies, will proceed to the proclamation of the candidates in the term of ten days from the date of the end of the deadline for submission.

3. Where the number of candidates who have been proclaimed by a group or category is equal to that of the members to be elected, their proclamation shall be equal to the choice and is therefore not to be made.

If the case is made that the number of candidates is lower than that of the members to be elected, the Board shall elect the proclamates and within eight days it shall elect, by drawing among the companies of the group or category for filling vacancies, provided that they comply with the requirements laid down in Article 16a 1.

4. The Electoral Board shall reflect in an act the proclamation of candidates and the incidents referred to in this Article. It shall send a certified copy to the Tutelating Administration within three days and shall also be given publicity for its content by means of a notice fixed at the address of the Chamber and published at least in one of the major newspapers. circulation of his/her constituency.

5. Against the agreements of the Electoral Boards, an appeal may be brought before the competent organ of the tutoring administration.

Art. 19.

1. Voters who foresee that on the date of the vote will not be able to exercise their right to the corresponding Electoral College, will be able to cast their vote by mail, upon personal request to the Chamber, subject to the following requirements:

1.1 The application, in standard models provided by the respective Chamber, must be made in writing within 20 days of the publication of the call for elections and shall be submitted to the Secretariat of the Chamber or by sending it by registered mail. It will be necessary to record:

a) The name of the voter. A photocopy of the national identity document of the signatory shall be attached.

If this is a legal person, in addition:

Social address.

Personal data of the representative and the position he holds in the company.

The entity's fiscal identification number.

Power enough.

b) The group and, if any, the categories in which you want to vote.

If it does not consist, the exercise of the vote by mail shall be deemed to be requested for all groups or categories in which it is registered.

1.2 The Secretariat of the corresponding Chamber will check the registration in the electoral census, free certification of this end and, after recording in the census so that the personal vote is not admitted, forward to the petitioner the appropriate documentation within ten days of the date of the election.

If no choice is to be made in the relevant group, the applicant will be informed of this.

The Chamber Secretariat shall communicate to the Board of Elections the relationship of the certificates requested and issued.

1.3 The documentation to be sent to the applicant for each group or category to which it belongs will be:

Regarding the Secretary of the Electoral Board indicating the President of the Electoral Board of the College for whom it should be delivered.

Ballot or ballot paper for each group in which you have the right to vote.

To enter each of the ballots, on whose front the group must be included and, if applicable, the category.

Accredited certification of enrollment in the census.

Candidates proclaimed in the corresponding group or category.

Instructions sheet.

1.4 The voter shall put the corresponding ballot paper within the envelope in which the group and, if applicable, the category are listed. Once closed, you will enter this first envelope, along with the registration certification in the census, in the second envelope and send it by registered mail to the Secretariat of the respective Electoral Board, in advance sufficient time to be received within 12 hours of the day before the elections are held.

Mail votes received will not be supported after the term.

Notwithstanding paragraph 1.2, the voter who has obtained a certificate and documentation of vote by mail wishes to vote personally, may do so by returning to the Electoral Bureau those documents. Failure to do so will not receive the vote.

2. The Secretary of the Board shall deliver the votes received by mail to the Presidents of the Messes concerned before the end of the voting.

The President of the Bureau shall proceed to the ballot box, which shall include the envelopes containing the ballots sent by post, verifying the existence of the certification that must accompany each one. and that the voter is enrolled in the census. The name of these voters will then be entered on the voters ' list.

Art. 19 bis.

The Official Chambers of Commerce, Industry and Shipping and the Council in which they are integrated will be able to carry out institutional publicity to encourage the submission of candidates and the participation of voters during the the entire election period and up to twenty-four hours before the day set for the election.

Art. 20.

1. Each electoral bureau shall consist of a president and two Vocals, who have their domicile in the locality where the electoral college is established. The Presidents and Vocals shall be appointed by the Electoral Board from among the electors domiciled in the town of the College, who are not candidates, by drawing a list of voters in number of two for each group proposed by the Commission. Plenary session of the House. The Electoral Board shall also appoint alternate Presidents and Vocals. The President of the Bureau may also request the technical assistance of a Chamber employee.

2. All voters have the right to audit the electoral procedure. Each candidate may designate up to two Interventors to fiscalize voting and scrutiny.

3. The Bureau of a College shall be constituted on the day of the election, the vote shall not begin without having previously extended the appropriate minutes of the constitution, from which a certified copy, signed by the President and the Vocals for each, shall be released. candidate to ask for it.

4. In the event that the appointed members of the Bureau are not present in the act of the constitution, they shall assume their duties as a representative of the tutoring administration acting as President, and an employee of the Chamber, who shall act as Vocal.

5. Once the vote has begun, it will not be suspended, unless it is due to force majeure, and always under the responsibility of the respective College Bureau.

6. In the event of suspension, minutes shall be made by the Board of the College, which shall be submitted to the Chairman of the Board of Elections, who shall immediately inform the competent organ of the Tutelent Administration, in order to indicate the date on which it shall be again to be voted on.

7. The vote will be secret. Voters shall cast their vote in the ballot box by means of a folded ballot and inserted in an envelope. If, on the ballot paper, a number of names is higher than the number of vacancies to be filled in each group or category, those appearing in the first place shall be taken into consideration. The Vowels will write down the voters who vote, indicating the number with which they appear on the Chamber's census.

8. At the time of exercising his right to vote, the voter shall present the documents proving his or her personality and, where appropriate, the representation with which he intends to exercise such right.

9. The President of the Bureau shall have sole authority to preserve order and to ensure the freedom of the electors in the Electoral College.

10. Only the electors, candidates and their proxies or Controllers, the Notaries who are required to attest to any act of the election shall have entry into the Colleges, only in so far as they do not object to the secrecy of this and the agents of the authority which the President requires.

11. The voter who does not comply with the orders of the President shall be expelled from the school and shall lose the right to vote in the act of the election in question, without prejudice to the responsibility for which he may have incurred.

12. After the period indicated for the vote, the Bureau will proceed to the vote, which will be published. If only one Electoral College existed, the scrutiny will be final. The appropriate minutes shall be drawn up by the members of the Bureau, including the number of votes cast, in person and by mail, of those declared null and void and the candidates elected with the number of votes cast. as well as the candidates not elected with the votes obtained and the complaints which had been submitted. The candidate or candidates who have obtained the highest number of votes, and, in the event of a tie, the oldest in the Chamber's census, and if they are the same, shall be considered to be eligible for the highest quota.

13. If there are several Electoral Colleges, each Bureau, after the vote, will take up the vote with the result of the election, stating the votes cast, personally and by mail, the nullified, blank and the number of votes obtained by each candidate and the complaints that would have been filed.

14. The complaints must be made in the act and in writing before the Electoral Tables and will be resolved by them also in the event, with appeal to the Electoral Board of whose resolution the interested parties will be able to go to the organ competent for the tutoring administration.

15. In both cases, the minutes will be forwarded to the House Secretariat, where they will be deposited. Certified copies shall be made of the minutes for the candidates who request them.

16. On the third day of the end of the elections, the respective Electoral Board will proceed to verify the final result of the votes, according to the minutes corresponding to the different polling stations. New minutes signed by the members of the Board shall be drawn up, stating the total number of votes cast, the nullified, blank, the votes obtained by each candidate and the candidates declared elected, as well as the complaints. which would have been presented in that act.

17. The House Secretariat shall deliver to each of the elected members the credential that justifies their elected membership.

18. The electoral file shall be filed in the Chamber and shall be forwarded to the competent authority of the tutoring administration within 10 days of the end of the elections.

Art. 20 bis.

The governing bodies of the Chambers shall continue in the exercise of their duties until the establishment of the new Plenes or, where appropriate, until the appointment of a management committee.

Art. 21.

In the event that the new plenary cannot be validly constituted, the tutoring administration will appoint a management committee for the functioning of the Chamber. If, within three months, the Commission fails to establish a new plenary session in accordance with the procedures laid down in this Chapter of the Rules of Procedure, it shall ask the Administration to call for new elections.

Art. 21 bis.

1. The elected members of the plenary session shall take up their posts in the seat of the Chamber, within the month following that of their election, from which the competent body of the tutoring administration shall be immediately given an account. Natural persons shall do so personally; legal persons, by means of a representative appointed for this purpose with sufficient power.

2. The plenary session shall be held by a nominal and secret ballot at the election of its members, the President and the Executive Committee. To this end, the Electoral Bureau will be formed, which will be composed of the two members of the largest and youngest members, respectively, of the Chamber's plenary session and the representative of the Tutelent Administration who will act as president. It will do the functions of Secretary that is of the Corporation.

3. The session will be opened, the proposal of candidates for whom the vote will have to be placed will begin. First of all, the election of the President will be held and, then, that of the other positions of the Executive Committee, by the following order: Vice-Presidents, Treasurer, Accountant and Vocals.

4. The Electoral Bureau will carry out the vote and report the result to the plenary, warning of the possibility of expressing any disagreement with the electoral act. Immediately, the corresponding minutes shall be drawn up, indicating the incidents of the electoral act, the outcome of the vote and the complaints which are made, a certified copy of which is sent by the President to the competent authority of the tutelary administration who shall decide, with a hearing of the persons concerned, on the incidents raised.

5. If any, the competent authority of the tutoring administration may arrange for publication in the 'Official Gazette' of the province or in the 'Official Journal of the Autonomous Community' of the appointments of the Mr President, on the posts of the Executive Committee and members of the plenary session.

6. The office of President and those of the Executive Committee shall be four years, and may be re-elected.

Art. 22.

1. The vacancies produced in the plenary by death, resignation, resignation, as well as any of the causes that incapacitate the performance of the charge, will be provided by choice in the group or category in question.

To this end, the Secretariat of the Chamber shall, within 10 days of the vacancy declaration, communicate in writing this circumstance to the constituents concerned, or if their number exceeds one hundred, by means of notice in the 'Official Gazette' of the province or in the 'Official Journal of the Autonomous Community', as appropriate, and at least in one of the newspapers of greatest circulation in the demarcation of the Chamber, in order for those wishing to present the application in accordance with the provisions of this chapter, giving account to the tutoring administration.

The Electoral Board's own powers, in these cases, will be taken up by the Executive Committee.

2. When there is only one candidate for the vacancy to cover the proclamation, it will be equal to the choice and therefore no need to hold it. If no candidature is submitted, the plenary shall proceed to the selection by lot among the companies forming the group or the corresponding category to fill the vacancy. The chosen person will be in charge for the time he has failed to fulfill the mandate of the person to replace.

Art. 22 bis.

1. The plenum will agree to the loss in its membership condition in the following cases:

a) When for oversold circumstances, stop attending any of the requirements to be chosen.

b) For not taking ownership within the regulatory deadline.

c) For lack of unjustified attendance at plenary sessions or the Executive Committee for three times or four times for any reason, in the course of a calendar year.

2. The agreement of the Plenary Session shall be adopted after hearing the person concerned and, where appropriate, the undertaking in whose representation it acts. This agreement may be brought before the competent authority of the tutoring administration.

3. The choice to cover the vacancy produced shall be made in accordance with Article 22 of this Regulation and shall not occur until the competent authority of the Administration has resolved the appeal, if any.

Art. 23.

1. Where the vacancy produced in the plenary session has the effect of a vacancy on the Executive Board or that of the House's own presidency, the vacancy of the plenary session shall first be filled, in accordance with the procedure laid down in Article 22 of the This Regulation.

2. This election shall be held, the vacancy of the office of President or of the Executive Committee in session of the plenary convened for that purpose shall be provided, in accordance with the procedure laid down in Article 21a of this Regulation.

Art. 23 bis.

1. Regardless of the normal termination of his or her terms of office, the President and the positions of the Executive Committee may cease:

(a) For reasons provided for in this Regulation for the loss of membership of the plenary session.

b) By agreement of the plenary adopted by the two thirds of its members.

c) By resignation that does not imply the loss of your condition of Vocal from the plenum.

2. The vacancy shall be filled in by the plenary session convened for the purpose within 15 days of the date of the sitting, as provided for in Article 21a of this Regulation.

3. The chosen person will take the charge for the time that will be missing to fulfill the mandate of the one to whom it happens. "