Key Benefits:
LEGAL BACKGROUND
THE GENERAL COUNCIL OF EMIGRATION WAS ESTABLISHED IN ROYAL DECREE 1339/1987 OF 30 OCTOBER.
THIS STANDARD HAS BEEN DEVELOPED BY ORDERS. THE FIRST, OF 23 FEBRUARY 1988 (
INSPIRING PRINCIPLES
DEVELOPED THE PROCESS OF SETTING UP THE MEMBERS OF SPANISH RESIDENTS ABROAD, IT IS NECESSARY TO ISSUE A SERIES OF INSTRUCTIONS TO COMPLETE THE IMPLEMENTATION OF THE CHANNELS OF INSTITUTIONAL PARTICIPATION, PROVIDED FOR IN THE ABOVE RULES.
THE COMPLETION MUST CONFORM TO THE FOLLOWING PRINCIPLES:
1. IMPLEMENTATION OF THE SYSTEM OF DIRECT ELECTION OF MEMBERS BY MEMBERS OF THE COUNCILS OF SPANISH RESIDENTS IN THOSE COUNTRIES WHERE ELECTIONS ARE HELD.
2.
WEIGHTED CORRECTION OF THE IMBALANCES RESULTING FROM BOTH THE LIMITATIONS OF REGISTRATION IN THE SPECIAL CENSUS OF ABSENT RESIDENTS, AND OF THE REQUIREMENTS FOR THE CONSTITUTION OF THE COUNCILS OF SPANISH RESIDENTS, DE THE LACK OF REPRESENTATION OF COLLECTIVITIES OR NUMERICALLY RELEVANT GEOGRAPHICAL AREAS IS AVOIDED.
3. ESTABLISHMENT OF A SYSTEM OF CHOICE ALLOWING FOR A WEIGHTED REPRESENTATION OF THE MINORITY.
4. SETTING OF UNIFORM CONDITIONS AND CRITERIA WITH A VIEW TO ACHIEVING THE HIGHEST DEGREE OF OBJECTIVITY AND TRANSPARENCY IN THE APPOINTMENT OF MEMBERS.
5. EXPERIMENTAL CHARACTER IN SUCH A WAY THAT, AS THE GENERAL COUNCIL HAS BEEN ESTABLISHED, AND IN CONTRAST TO ITS OPERATION, CORRECTIONS MAY BE MADE TO BE DEEMED APPROPRIATE.
UNDER THE FINAL PROVISION OF THE ORDER OF 9 JANUARY 1989, AND AGREED RULES, THE DIRECTORATE-GENERAL OF THE SPANISH INSTITUTE OF EMIGRATION HAS DECIDED TO ISSUE THE FOLLOWING
INSTRUCTIONS
FIRST: 1. FOR THE DISTRIBUTION OF THE 24 MEMBERS TO ELECT THE MEMBERS OF SPANISH RESIDENTS, AS PROVIDED IN ARTICLE 10.1 OF ROYAL DECREE 1339/1987 OF 30 OCTOBER; 1. OF ORDER OF 9 JANUARY 1989, THE FOLLOWING RULES WILL BE FOLLOWED:
(A) A COUNSELLOR SHALL BE CHOSEN FOR EACH OF THE COUNTRIES IN WHICH AT LEAST ONE COUNCIL OF SPANISH RESIDENTS HAS BEEN ESTABLISHED.
B) ANOTHER ADVISER WILL BE CHOSEN FOR EACH OF THE COUNTRIES, IN WHICH, CONSTITUTED AT LEAST ONE COUNCIL OF SPANISH RESIDENTS, THERE ARE BETWEEN 10,000 AND 25,000 REGISTERED IN THE SPECIAL CENSUS OF ABSENT RESIDENTS.
2. CONSEQUENTLY, THE NUMBER OF MEMBERS AND THE COUNTRIES IN WHICH THEY ARE ELECTED ARE AS FOLLOWS:
ARGENTINA: TWO COUNCILORS.
AUSTRALIA: A COUNSELOR.
BELGIUM: A COUNSELLOR.
BRAZIL: A COUNSELOR.
COLOMBIA: A COUNSELOR.
CUBA:
A COUNSELOR.
CHILE: A COUNSELOR.
FRANCE: TWO COUNCILLORS.
ITALY: A COUNSELOR.
MOROCCO: A COUNSELOR.
BEST: A COUNSELOR.
NETHERLANDS: A COUNSELOR.
PERU: A COUNSELOR.
PORTUGAL: A COUNSELLOR.
UNITED KINGDOM: A COUNSELOR.
FEDERAL REPUBLIC OF GERMANY: TWO COUNCILORS.
SWITZERLAND: TWO COUNCILLORS.
URUGUAY: TWO COUNCILORS.
VENEZUELA: A COUNSELOR.
SECOND: THE FOLLOWING PROCEDURE WILL BE FOLLOWED FOR THE SELECTION OF THE CORRESPONDING COUNSELORS:
1. ALL MEMBERS OF THE COUNCIL OF SPANISH RESIDENTS IN THE COUNTRY CONCERNED HAVE THE RIGHT TO BE ELECTORS AND ELIGIBLE.
2. THE AMBASSADOR OF SPAIN, HEARD THE ADVICE OF SPANISH RESIDENTS, WILL CONVENE, THROUGH THE HEADS OF THE CONSULAR OFFICE OF ALL THE DEMARCATIONS WHERE THEY ARE CONSTITUTED, TO ALL THE MEMBERS OF THE COUNCILS OF SPANISH RESIDENTS WITHIN A PERIOD A MAXIMUM OF 40 DAYS FROM THE PUBLICATION OF THESE INSTRUCTIONS.
WILL ALSO FACILITATE A MEETING PLACE AND TECHNICAL SUPPORT FOR ITS DEVELOPMENT.
3. THE ELECTORAL COLLEGE IS COMPOSED OF ALL THE MEMBERS OF THE COUNCILS OF SPANISH RESIDENTS OF THE COUNTRY CONCERNED AND WILL BE CONSIDERED VALIDLY CONSTITUTED WHEN ONE HALF OF ITS MEMBERS IS PRESENT.
4. THE ELECTION OF MEMBERS SHALL BE HELD IN A SINGLE ACT. THE ELECTORAL COLLEGE WILL BE PRESENTED TO THE CANDIDATES WHO WILL INTEGRATE A SINGLE LIST SORTED ALPHABETICALLY.
5. EACH OF THE CANDIDATES WILL HAVE THE OPPORTUNITY TO DEFEND THEIR CANDIDACY SHORTLY.
6. THE LIST OF CANDIDATES WILL BE ANNOUNCED AND THE SESSION WILL BE INTERRUPTED FOR AT LEAST ONE HOUR TO ALLOW FOR REFLECTION.
7. THE SESSION WILL BE RESUMED, THE BUREAU WILL BE COMPOSED, AS PRESIDENT, BY THE MEMBER OF THE OLDEST COLLEGE, WHO IS NOT A CANDIDATE, AND BY THE YOUNGEST, NOT CANDIDATE, AS SECRETARY.
8. EACH VOTER WILL BE ABLE TO VOTE FOR ANY OF THE CANDIDATES WITH THE FOLLOWING RULES:
8.1 WHEN THERE IS A SEAT TO BE COVERED, EACH BALLOT SHALL CONTAIN A SINGLE NAME FROM AMONG THE CANDIDATES.
8.2 WHEN THERE ARE TWO SEATS TO BE COVERED, NO MORE THAN TWO CANDIDATES CAN BE VOTED.
8.3 WHEN THERE ARE THREE SEATS TO BE COVERED, TWO OF THE CANDIDATES MAY BE VOTED.
9. ALL BALLOTS THAT INCLUDE THE NAME OF ANY PERSON NOT LISTED AS A CANDIDATE, AS WELL AS THE ONE THAT INCLUDES THE MOST NAMES OF THOSE WHO CORRESPOND, SHALL BE DECLARED NULL AND VOID.
10. THE VOTE WILL PROCEED TO THE VOTE. THE PRESIDENT SHALL COUNT THE VOTES AND THE DRAWING-UP OF THE VOTING RECORD, WHICH, WITH HIS SIGNATURE AND THAT OF THE SECRETARY, WILL GIVE THE AMBASSADOR OF SPAIN FOR HIS TRANSFER TO THE SECRETARIAT OF THE GENERAL COUNCIL.
11. CANDIDATES WHO OBTAIN THE HIGHEST NUMBER OF VOTES WILL BE ELECTED. IN CASE OF A TIE BETWEEN TWO MEMBERS WILL BE APPOINTED THE OLDEST.
12. THE SECRETARIAT OF THE GENERAL COUNCIL SHALL ACT ON THE PROCLAMATION OF ELECTED CANDIDATES AND SHALL DECIDE ON THE COMPLAINTS RAISED DURING THE ELECTION PROCESS. 13. THE PROVISIONS GOVERNING THE GENERAL ELECTION SYSTEM SHALL, AS FAR AS POSSIBLE AND BY ANALOGY, BE APPLIED AS FAR AS POSSIBLE AND BY ANALOGY.
14. VOTERS PARTICIPATING IN THE PROCESS SHALL BE ENTITLED TO REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES, IN CHARGE OF THE OPERATING BUDGET OF THE GENERAL COUNCIL FOR EMIGRATION.
THIRD: 1. THE SIX MEMBERS TO APPOINT THE MINISTER FOR FOREIGN AFFAIRS, IN AGREEMENT WITH THE MINISTER OF LABOUR AND SOCIAL SECURITY, ON THE PROPOSAL OF THE HEADS OF CONSULAR POST OF THE COUNTRIES IN WHICH HE IS NOT CONSTITUTED NO COUNCIL OF RESIDENTS, THEY WILL BE BY:
ANDORRA: A COUNSELOR.
CANADA:
A COUNSELOR.
COSTA RICA: A COUNSELOR.
LUXEMBOURG: A COUNSELLOR.
DOMINICAN REPUBLIC: A COUNSELOR.
DENMARK: A COUNSELOR.
2. FOR THE APPOINTMENT OF THIS GROUP OF MEMBERS, THE HEADS OF THE CONSULAR OFFICES SHALL, AFTER CONSULTING THE SPANISH FEDERATIONS, ASSOCIATIONS AND CENTRES OF THE COUNTRY CONCERNED, PROPOSE AT LEAST TWO PERSONS WHO FULFIL THE NECESSARY MERITS. IN ORDER TO BE APPOINTED ADVISERS.
3. ARE MERITS FOR DESIGNATION:
A) TO BE PRESIDENT OF SOME FEDERATION, ASSOCIATION OR CENTER THAT AGGLUTINE OR REPRESENTS THE COLLECTIVITY.
B) TO HAVE PRESENTED RELEVANT SERVICES OR TO BE IN A POSITION TO LEND THEM TO THE SPANISH COMMUNITY.
4. THE PROPOSAL SHALL CONTAIN A NUMBER OF PERSONS TWICE THAT OF POSTS TO BE COVERED, ACCOMPANIED BY A REPORT DETAILING THE REASONS FOR WHICH THE PROPOSAL IS TO BE MADE, BY THE SPANISH AMBASSADOR TO THE DIRECTORATE-GENERAL FOR CONSULAR AFFAIRS OF THE MINISTRY OF FOREIGN AFFAIRS.
5. THE DIRECTORATE-GENERAL FOR CONSULAR AFFAIRS SHALL COMMUNICATE TO THE COUNCIL SECRETARIAT THE NAME OF THE MEMBERS APPOINTED BY THE MINISTER FOR FOREIGN AFFAIRS, IN ACCORDANCE WITH THE NAME OF WORK AND SOCIAL SECURITY.
6. IN THE CASE OF ANDORRA THE PROPOSAL WILL BE MADE BY THE ASSOCIATIONS OF SPANISH RESIDENTS, THERE EXISTING, DIRECTLY BEFORE THE SECRETARIAT OF THE GENERAL COUNCIL. IT SHALL RAISE THE MINISTER OF FOREIGN AFFAIRS, THROUGH THE DIRECTORATE-GENERAL OF CONSULAR AFFAIRS, TO APPOINT HIM.
FOURTH: THE MEMBERS WHO ARE RESPONSIBLE FOR APPOINTING THE MINISTER OF LABOUR AND SOCIAL SECURITY, ACCORDING TO THE FOREIGN AFFAIRS MINISTER, WILL BE AS FOLLOWS:
1. FOUR DESIGNATED ON A PROPOSAL FROM THE AUTONOMOUS COMMUNITIES:
THE PROPOSAL FOR COUNSELORS CORRESPONDS TO THE FOLLOWING AUTONOMOUS COMMUNITIES:
EXTREMADURA: A COUNSELOR.
ANDALUSIA: A COUNSELOR.
GALICIA: A COUNSELLOR.
CASTILLA-LEON: A COUNSELOR.
2. MEMBERS APPOINTED UNDER PARAGRAPH (B) OF ARTICLE 1 (3). THE ORDER OF 9 JANUARY 1989 CORRESPONDS TO THE FOLLOWING COUNTRIES:
ARGENTINA: A COUNSELOR.
FRANCE: A COUNSELOR.
FEDERAL REPUBLIC OF GERMANY: A COUNSELOR.
VENEZUELA: A COUNSELOR.
SWITZERLAND: A COUNSELOR.
BRAZIL: A COUNSELOR.
3. THE PROPOSAL FOR APPOINTMENT SHALL BE RAISED BY THE LABOUR COUNCIL TO THE EMBASSY OF SPAIN IN EACH OF THESE COUNTRIES TO THE SECRETARIAT OF THE GENERAL COUNCIL, WITH THE APPOINTMENT OF A MEMBER OF THE COUNCIL ACTING AS A MEMBER OF THE COUNCIL OF THE INSTRUCTION 2. OF THIS RESOLUTION.
FIFTH: THE SECRETARY OF THE GENERAL COUNCIL OF EMIGRATION WILL FACILITATE THE DOCUMENTARY SUPPORT NECESSARY TO CARRY OUT THE ENTIRE ELECTORAL PROCESS.
SIXTH: THE DIRECTORATE-GENERAL OF THE SPANISH INSTITUTE OF EMIGRATION, IN ACCORDANCE WITH THAT OF CONSULAR AFFAIRS, SHALL COMMUNICATE TO THE HEADS OF MISSION THE ACTIONS TO BE TAKEN IN EACH CASE.
MADRID, SEPTEMBER 25, 1989. THE DIRECTOR GENERAL, RAIMUNDO ARAGON BOMBIN.
