FORESEEN THE CONSTITUTION OF THE GENERAL COUNCIL OF EMIGRATION, IN ROYAL DECREE 530/1985, OF APRIL 8, AND CONSTITUTED BY ROYAL DECREE 1339/1987, OF OCTOBER 30, IT IS NECESSARY TO SPECIFY SOME EXTREMES RELATIVE TO ITS COMPOSITION AND FUNCTIONING IN ORDER TO FACILITATE THE IMPLEMENTATION OF THIS CONSULTATIVE BODY, THROUGH WHICH THE PARTICIPATION OF THE SPANISH RESIDENTS ABROAD, TRADE UNIONS, ASSOCIATIONS BUSINESS AND PUBLIC ADMINISTRATION IN THE MANAGEMENT OF MIGRATION ISSUES.

IN ITS VIRTUE, MAKING USE OF THE FACULTY GRANTED BY THE FINAL DISPOSITION OF ROYAL DECREE 1339/1987, OF 30 OCTOBER AND AFTER APPROVAL OF THE MINISTER FOR PUBLIC ADMINISTRATIONS, I HAVE:

FIRST. 1. THE 24 MEMBERS WHO, IN ACCORDANCE WITH ARTICLE 10.1 OF ROYAL DECREE 1339/1987 OF 30 OCTOBER, ARE RESPONSIBLE FOR CHOOSING THE ADVICE OF SPANISH RESIDENTS, SHALL BE DISTRIBUTED AMONG THE COUNTRIES IN WHICH SUCH COUNCILS ARE CONSTITUTED. PROPORTIONAL TO THE NUMBER OF SPANIARDS REGISTERED IN THE ELECTORAL CENSUS OF RESIDENTS ABSENT IN EACH ONE OF THEM, ON THE DATE OF THE FORMATION OF THESE COUNCILS. THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL COMMUNICATE TO THE MINISTRY OF FOREIGN AFFAIRS THE NUMBER OF MEMBERS OF EACH COUNTRY.

2. 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 POSTS, WILL BE THE COUNTRIES IN WHICH NO COUNCIL OF RESIDENTS AND THE NUMBER OF REGISTERED VOTERS IN THE ELECTORAL CENSUS OF RESIDENTS ABSENT AT THE DATE OF THE CONSTITUTION OF THE COUNCILS OF SPANISH RESIDENTS. THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL COMMUNICATE TO THE MINISTRY OF FOREIGN AFFAIRS THE COUNTRIES IN WHICH MEMBERS SHALL BE APPOINTED, WITHIN THIS GROUP.

3. THE 10 MEMBERS TO BE APPOINTED TO THE MINISTER FOR LABOUR AND SOCIAL SECURITY, ACCORDING TO THE MINISTER FOR FOREIGN AFFAIRS, WILL BE DISTRIBUTED AS FOLLOWS:

(A) FOUR MEMBERS SHALL BE APPOINTED ON A PROPOSAL FROM THE AUTONOMOUS COMMUNITIES AMONG THOSE WHO REQUEST THEIR REPRESENTATION IN THE GENERAL COUNCIL OF EMIGRATION.

IN THE CASE OF REQUESTING THE REPRESENTATION OF MORE THAN FOUR AUTONOMOUS COMMUNITIES AND IN DEFAULT OF AGREEMENT BETWEEN THEM, THEY WILL BE DESIGNATED FOR THOSE PROPOSED BY THE FOUR WHOSE NUMBER OF EMIGRANTS, ASSISTED BY THE SPANISH INSTITUTE OF MIGRATION DURING THE LAST TWENTY YEARS, BE GREATER, WEIGHTED WITH THE TOTAL POPULATION CURRENTLY RESIDENT IN EACH AUTONOMOUS COMMUNITY.

B) THE REMAINING SIX WILL BE DESIGNATED AMONG THE COUNTRIES IN WHICH THE LARGEST NUMBER OF SPANISH EMIGRANTS RESIDE.

THE NUMBER OF SPANISH EMIGRANTS WILL BE DETERMINED ON THE BASIS OF THE POPULATION CENSUSES OF EACH COUNTRY AT THE TIME OF THE CONSTITUTION OF THE COUNCILS OF SPANISH RESIDENTS.

SECOND. 1. CORRESPONDS TO THE PRESIDENT OF THE GENERAL COUNCIL OF EMIGRATION:

A) FLAUNTING THE REPRESENTATION OF THE GENERAL COUNCIL.

B) CONVENE PLENARY SESSIONS AND COMMISSIONS, PRESIDE OVER THEM AND MODERATE THE DEVELOPMENT OF THEIR DEBATES.

C) FORMULATE THE AGENDA OF THE MEETINGS.

D) WITH YOUR VOTE, YOU WILL VOTE IN THE CASE OF A TIE.

E) MONITOR THE MINUTES AND CERTIFICATIONS OF THE GENERAL COUNCIL AGREEMENTS.

F) HOW MANY OTHER FUNCTIONS ARE SPECIFIC TO YOUR STATUS AS PRESIDENT.

2. IN THE CASE OF A VACANCY, ABSENCE OR ILLNESS OF THE PRESIDENT, THE REPLACEMENT SHALL FIRST BE THE DEPUTY SECRETARY OF LABOUR AND SOCIAL SECURITY, AND, IN THE ABSENCE THEREOF, THAT OF FOREIGN AFFAIRS.

THE VICE-PRESIDENTS SHALL PERFORM THE FUNCTIONS DELEGATED TO THEM BY THE PRESIDENT.

THIRD. 1. CORRESPONDS TO THE COUNSELORS:

A) PARTICIPATE IN THE DEBATES, MAKE PROPOSALS AND PROPOSE MOTIONS.

B) PARTICIPATE IN ONE OR MORE OF THE COMMISSIONS THAT ARE CONSTITUTED.

C) EXERCISE THEIR RIGHT TO VOTE, WITH THE ABSTENTION AND THE PARTICULAR VOTE BEING RECORDED IN THE MINUTES.

D) FORMULATING PLEAS AND QUESTIONS.

E) THE RIGHT TO THE INFORMATION NECESSARY TO DULY FULFIL THE FUNCTIONS ASSIGNED TO THE GENERAL COUNCIL.

TO THIS END, THE CORRESPONDING REQUEST SHALL BE MADE IN WRITING, ADDRESSED TO THE SECRETARY OF THE COUNCIL.

F) HOW MANY OTHER FUNCTIONS ARE INTRINSIC TO THE COUNSELOR CONDITION.

2. MEMBERS WILL LOSE THEIR STATUS AS SUCH:

A) BY EXPIRY OF THE MANDATE.

B) BY DEATH.

C) BY LOSS OF THE STATUS OF EMIGRANT OR RESIDENT ABROAD.

(D) BY AGREEMENT OF THE ONE WHO HAS APPOINTED THEM, WHICH SHALL BE COMMUNICATED IN A MANNER TO THE COUNCIL SECRETARIAT.

E) BY RESIGNATION ACCEPTED BY THE PERSON WHO HAS APPOINTED THEM, TO BE COMMUNICATED TO THE COUNCIL SECRETARIAT.

3. MEMBERS, OTHER THAN THOSE REPRESENTING PUBLIC ADMINISTRATIONS, SHALL BE PAID FROM THE OPERATING BUDGET OF THE COUNCIL, IN ACCORDANCE WITH THE PROVISIONS IN FORCE, THE TRAVEL ALLOWANCES AND TRAVEL EXPENSES.

NO COMPENSATION WILL BE CHARGED IN RESPECT OF ATTENDANCE AT THE MEETING OF THE COUNCIL.

FOURTH. 1. CORRESPONDS TO THE SECRETARY OF THE COUNCIL:

A) CHANNEL THE COUNCIL ' S RELATIONS WITH THE ADMINISTRATION OF THE STATE, AUTONOMOUS COMMUNITIES, LOCAL ENTITIES, AND OTHER PUBLIC OR PRIVATE ENTITIES AND ENTITIES THAT MAY HAVE A RELATIONSHIP WITH THE MIGRATION POLICY.

B) RECEIVING COMMUNICATIONS THAT COUNSELORS RAISE TO THE COUNCIL AS WELL AS HOW MANY NOTIFICATIONS, ACKNOWLEDGMENTS, ASSISTANCE EXCUSES, REQUESTS FOR DATA, CORRECTIONS OR ANY OTHER KIND OF WRITING ARE REFERRED TO COUNCIL.

C) PROVIDE, BY MEANS OF THE RELEVANT SERVICES, THE MEMBERS, THE INFORMATION AND TECHNICAL ASSISTANCE NECESSARY FOR THE EXERCISE OF THE TASKS ENTRUSTED TO THEM.

D) AUTHORIZE THE MINUTES OF COUNCIL MEETINGS AND ISSUE THE CORRESPONDING CERTIFICATIONS.

AND) ATTEND PLENARY SESSIONS AND COMMISSIONS, TAKING PART IN THE DELIBERATIONS AND GIVING FAITH TO WHAT WAS AGREED IN THEIR SESSIONS.

QUINTO. 1.

THE GENERAL COUNCIL WILL HOLD A PLENARY SESSION EACH YEAR.

IN ADDITION IT SHALL HOLD EXTRAORDINARY SESSIONS DEEMED RELEVANT BY THE PRESIDENT EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF AT LEAST 40 PER 100 OF ITS MEMBERS.

2. THE COUNCIL ' S CALLS SHALL BE MADE IN GOOD TIME AND, IN ANY EVENT, 20 DAYS BEFORE, AT LEAST, THE DATE OF THE MEETING.

3. THE COUNCIL SHALL BE DEEMED TO BE VALIDLY CONSTITUTED WHEN AT LEAST THE MAJORITY OF ITS COMPONENTS ARE FIRST CONVENED. THE SECOND CALL FOR PROPOSALS WILL BE SUFFICIENT FOR THE THIRD PART OF ITS MEMBERS TO ATTEND.

4. THE AGREEMENTS, FOR THEIR VALIDITY, SHALL BE ADOPTED BY AN ABSOLUTE MAJORITY OF THEIR MEMBERS PRESENT.

5. THE COUNCIL MAY SET UP WORKING GROUPS FOR THE STUDY OF SPECIFIC QUESTIONS, COMPOSED OF THE MEMBERS APPOINTED BY THE PRESIDENT, ASSISTED IN HIS CASE BY OFFICIALS OR EXPERTS.

6. THE PROVISIONS OF THE LAW OF ADMINISTRATIVE PROCEDURE RELATING TO THE OPERATION OF COLLEGIATE BODIES SHALL BE SUBJECT TO THE PROVISIONS OF THIS ORDER.

7. THE BUDGETS OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL HAVE AN ALLOCATION FOR COUNCIL EXPENDITURE, WHICH SHALL ENSURE ITS FUNCTIONING AND AUTONOMY.

FINAL PROVISIONS

FIRST. THE DIRECTORATE-GENERAL OF THE SPANISH INSTITUTE OF EMIGRATION IS HEREBY AUTHORISED TO RESOLVE ANY DOUBTS RAISED IN THE APPLICATION OF THIS PROVISION.

SECOND. THIS ORDER WILL ENTER INTO FORCE ON THE DAY OF YOUR POST IN THE .

MADRID, 9 JANUARY 1989.

CHAVES GONZALEZ