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Royal Decree 1339 / 1987, Of 30 October, On Channels Of Institutional Participation Of Spanish Nationals Living Abroad.

Original Language Title: Real Decreto 1339/1987, de 30 de octubre, sobre cauces de participación institucional de los españoles residentes en el extranjero.

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TEXT

The establishment and regulation of the channels of institutional participation in which the various stakeholders are present constitute an ancient and enduring tradition of the migration regulations.

The current constitutional system, the normative changes produced and the transformation of the social reality itself make it obsolete and impossible to implement the participation bodies established in the Law of Emigration from 1971.

The experience during a decade of Elective Consular Boards abroad, with very limited functions, makes it advisable to enshrine in a standard of appropriate range the basic principles that regulate this channel of participation of Spanish residents abroad.

On the other hand, Royal Decree 530/1985, of 8 April, determining the basic organic structure of the Ministry of Labour and Social Security provides for the existence of the General Council of Emigration, whose constitution and It is necessary and urgent to regulate.

By virtue of the provisions of Law 50/1984 of 30 December 1984, in agreement with the Council of State, on the proposal of the Ministers for Foreign Affairs and Labour and Social Security and after deliberation by the Council of Ministers at their meeting on 30 October 1987,

DISPONGO:

CHAPTER FIRST

The Spanish Residents ' Councils

Article 1. º

In all the consular districts in whose lists of the Electoral Census of the Absent Residents are registered, at least 700 voters, a Council of Spanish Residents will be constituted pro The Advisory Office of the respective Consular Office in the field of action and for the activities covered by Articles 2 and 3, respectively.

For the purposes of this article, not only the voters who appear on the list will be considered enrolled, but also those who have presented to the Office Consular the application for registration in the Electoral Census of Residents Absent prior to the publication of the call for elections.

Art. 2. º

The subjects for which the Council of Spanish Residents will develop their activities will be as follows:

1. Civil and labour rights that correspond to the Spanish in the consular district, in accordance with International Law.

2. Insertion of Spanish students into the country's education system, activities that can be established under the Local Law or the Treaties to ensure the maintenance of cultural links with Spain and, in general, activities of the educational action of Spain abroad.

3. Participation of Spanish residents in the political life of Spain, in accordance with Spanish legislation, that of the country of residence, and International Law.

4. Social and cultural action in favour of Spaniards.

Art. 3. º

In full respect of the functions and duties of the Chief of the Consular Office, in accordance with the provisions of the Internal Law and the customary and bilateral conventional, bilateral or multilateral law, the Council of Spanish Residents, in respect of the matters listed in the previous article, shall carry out the following activities:

1. To turn the attention of the Spanish community to the Consular Office and to the concern of the Spanish community as to how many issues of general or particular interest it wishes to make to the Office.

2. Propose those measures related to the consular function that can contribute to improving the functioning of this service in the constituency itself.

3. Advise and inform the Chief of the Consular Office on matters of interest to the consular service that he submits to him.

4. To disseminate in the Spanish community the measures of general interest adopted by the Spanish authorities which may in any way affect the Spanish residents of the district.

5. Cooperate, when requested, with the Consular Office or with other Spanish or local institutions in the activities of all kinds in which the presence of the Spanish community may contribute to the national or representativeness of the activity, or that they develop precisely for the benefit of that community.

6. Collaborate with the Spanish authorities on the occasion of the electoral calls or for the revision of the electoral census.

7. To carry out the tasks which, in relation to the granting of individual or collective aid to Spanish or Spanish associations, assign them the legal provisions which establish or regulate them.

Art. 4. º

1. The Council of Spanish Residents will be composed of seven members in the consular districts in which less than 50,000 Spaniards reside; 11 members in the 50,000 to 100,000, and by 21 when this figure is exceeded. The Ministry of Foreign Affairs, taking into account local and consular statistical data, shall determine in each call the constituencies in which the Council of Spanish Residents shall have seven, 11 or 21 members.

2. The members shall be elected by direct, personal and secret votes, and their term of office shall be four years, from the constitution of the Council, and may be re-elected at the end of the term of office. The Council of Spanish Residents shall be validly constituted on the date of its first meeting.

3. Whenever a member is to cease before the end of his term of office, he shall be replaced in the manner that is determined, taking into account the results of the elections held. Where member replacements affect more than one half of the components or, in the absence of substitutes, the Council is reduced to less than that figure, a new call for elections shall be made within 60 days from the date of entry into office. from the date on which the cessation of a member has created such a situation.

4. The Head of the Consular Office may participate in the deliberations of the Council personally or shall be represented by the official or consular employee who is required to replace him legally in the consular functions, expressly delegated to each meeting, but you will not have the right to vote.

The members of the General Council of Emigration residing in the consular district shall also participate, but with the right to vote.

Art. 5. º

In the regulation by Order of the electoral procedure, presentation of candidates, holding of elections, scrutiny and proclamation of candidates elected, will follow by analogy, as far as possible, the legislation Spanish electoral.

CHAPTER II

The General Council for Emigration

Art. 6. º

The General Council of Emigration is constituted, provided for in Article 8.5 of Royal Decree 530/1985, of 8 April, whose competence, structure and operating system is governed by this Royal Decree.

Art. 7. º

The General Council of Migration is an advisory body attached to the Directorate-General of the Spanish Institute of Emigration of the Ministry of Labour and Social Security.

Art. 8. º

1. They are the powers of the General Council for Emigration:

a) Conduct studies on issues and problems affecting migrants.

b) Formulate proposals and recommendations in relation to the objectives and implementation of the inspiring principles of migration policy.

c) Be informed of the action of the competent authorities in this field.

d) To know and report, where appropriate, the draft standards that will be submitted to you in the field of your competence.

e) Approve the Council's operating regulations.

2. The proposals, recommendations or agreements of the Council, which will be raised to the Government, will be through the Ministry of Labour and Social Security.

Art. 9. º

1. The General Council for Migration shall be composed of the President, the Vice-Presidents, the Directors and the Registrar.

2. The President of the Council shall be appointed by the Minister for Labour and Social Security among persons of recognised competence in the field of emigration. In the absence of the President and the Vice-Presidents, the person appointed by the Minister for Labour and Social Security shall hold the chair.

3. The Deputy Secretaries of Foreign Affairs and Labour and Social Security or persons in whom they delegate shall be Vice-Presidents of the Council.

4. The Director-General of the Spanish Institute for Migration will be Secretary of the Council.

Art. 10.

In addition to the President, the Vice-Presidents and the Secretary, the following members shall be members of the Council:

1. Thirty Counselors for the Communities of Spaniards abroad; twenty-four of them elected by the Councils of Spanish Residents of each country in the form to be determined, and the other six appointed by the Minister of Foreign Affairs in agreement with the Minister of Labour and Social Security, on the proposal of the Heads of the Consular Office of the countries in which no Council of Residents is constituted.

2. Three Directors appointed by the most representative business organisations.

3. Six Directors appointed by the most representative trade unions.

4. Ten Directors appointed by the Minister of Labour and Social Security, in agreement with the Minister of Foreign Affairs, who may include representatives of Autonomous Communities whose Statute provides for powers related to their (

) and (i) the European Community's external relations.

5. A Counsellor appointed by the holder of each of the following Ministries: Foreign Affairs, Interior, Education and Science, Labour and Social Security, Economy and Finance, Culture and Transport, Tourism and Communications.

Art. 11.

The duration of the mandate of the Directors will be four years from the first session of the General Council for Emigration.

Art. 12.

1. The General Council for Migration will operate in full and in commissions.

2. The plenary session shall constitute the committees it deems necessary for the examination of the subjects covered by its competence, in particular in matters relating to the social, educational and cultural aspects of the lives of workers. emigrants.

FINAL PROVISIONS

First.

Ministers of Foreign Affairs and Labour and Social Security are empowered to lay down the rules for the development of this Decree, in their respective areas of competence.

Second.

Royal Decree 576/1979 is hereby repealed, as well as any other standard of equal or lower rank that is contrary to the provisions of this Royal Decree.

Given in Madrid to October 30, 1987.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ