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Royal Decree 225/1986, Of 24 January, Transfer Of Services From The Government To The Foral Community Of Navarre Associations.

Original Language Title: Real Decreto 225/1986, de 24 de enero, de traspaso de servicios de la Administración del Estado a la Comunidad Foral de Navarra en materia de Asociaciones.

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THE ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN ITS TRANSITIONAL PROVISION FOURTH, PROVIDES THAT THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FACULTIES AND COMPETENCES ACCORDING TO THE SAME COMPETENCE, IT WILL BE CARRIED OUT AFTER AGREEMENT WITH THE FORAL DEPUTATION BY THE GOVERNMENT OF THE NATION AND WILL BE PROMULGATED BY ROYAL DECREE.

REAL DECREE 2356/1984, OF DECEMBER 19, ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA. THE BOARD OF TRANSFERS PROVIDED FOR IN ARTICLE 2 OF THIS ARTICLE, WHICH, AFTER CONSIDERING THE DESIRABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF ASSOCIATIONS, ADOPTED AT ITS MEETING OF 23 DECEMBER 1985 THE APPROPRIATE AGREEMENT WHICH, FOR ITS PART, EFFECTIVENESS REQUIRES THE APPROVAL OF THE GOVERNMENT BY MEANS OF ROYAL DECREE.

IN ITS VIRTUE, IN COMPLIANCE WITH THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, ON THE PROPOSAL OF THE MINISTERS OF THE INTERIOR AND OF THE TERRITORIAL ADMINISTRATION AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING OF 24 JANUARY 1986, I HAVE:

ARTICLE 1. THE AGREEMENT OF THE TRANSFER BOARD OF DECEMBER 23, 1985, WHICH TRANSFERS FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN MATTERS OF ASSOCIATIONS TO THE COMMUNITY OF NAVARRA, IS APPROVED.

ART. 2. CONSEQUENTLY, THE FUNCTIONS AND SERVICES REFERRED TO IN THE AGREEMENT WHICH IS INCLUDED AS AN ANNEX TO THIS ROYAL DECREE ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA IN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

ART. 3. THE TRANSFERS REFERRED TO IN THIS ROYAL DECREE SHALL BE EFFECTIVE FROM THE DATE INDICATED IN THE AGREEMENT OF THE SAID BOARD OF TRANSFERS, WITHOUT PREJUDICE TO THE PRODUCTION OF THE MINISTRY OF THE INTERIOR UNTIL THE ENTRY INTO FORCE OF THE PRESENT ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF THE SERVICES IN THE SAME OPERATING SYSTEM AS THEY HAD AT THE TIME OF THE ADOPTION OF THE AGREEMENT THAT WAS TRANSFERRED AS AN ANNEX TO THIS ROYAL DECREE.

ART. 4. THE BUDGET APPROPRIATIONS, WHICH ARE PART OF THE PROVISIONAL CASH COST, AS SET OUT IN RELATION NUMBER 2 OF THE ANNEX, SHALL BE DISCHARGED FOR THE AMOUNTS CORRESPONDING TO THE DATE OF ENTRY INTO FORCE OF THE ACTUAL PRESENT. I DECREE, BY MEANS OF THE APPROPRIATE BUDGET AMENDMENT DOSSIER.

ART. 5. THIS ROYAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS ITS PUBLICATION IN .

DADO IN MADRID AS OF 24 JANUARY 1986.

JOHN CARLOS R.

THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO, AND MUÑOZ DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA, SECRETARIES OF THE TRANSFER BOARD PROVIDED FOR IN ARTICLE 2. ROYAL DECREE 2356/1984 OF 19 DECEMBER, WHICH ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA, CERTIFIES:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 23 DECEMBER 1985, AGREEMENT WAS REACHED ON THE TRANSFER TO THE COMMUNITY OF NAVARRE OF THE FUNCTIONS AND SERVICES OF THE STATE IN THE FIELD OF ASSOCIATIONS, IN THE TERMS THAT FOLLOW OCCUR:

1.

PRECEPTS OF THE CONSTITUTION AND OF THE ORGANIC LAW OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN WHICH THE COMPETENCE OF THE FORAL COMMUNITY IS RECOGNIZED IN THE FIELD TO WHICH THE SERVICES ARE REFERRED OF TRANSFER.

IN THE VIEW OF THE PROVISION IN THE TRANSITIONAL PROVISION FOURTH OF THE ORGANIC LAW FOR THE REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA AND ROYAL DECREE 2356/1984, OF 19 DECEMBER AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 44.19 OF THE AFOREMENTIONED ORGANIC LAW, IT IS UP TO THE COMMUNITY OF NAVARRE EXCLUSIVE COMPETENCE IN MATTERS OF ASSOCIATIONS OF A TEACHING, CULTURAL, ARTISTIC, BENEFICIAL, CARING AND SIMILAR THAT DEVELOP MAINLY THEIR FUNCTIONS IN NAVARRA.

FOR ITS PART, ARTICLE 149.1.1. FROM THE CONSTITUTION RESERVES THE STATE EXCLUSIVE COMPETENCE FOR THE REGULATION OF THE BASIC CONDITIONS THAT GUARANTEE THE EQUALITY OF ALL SPANIARDS IN THE EXERCISE OF THE RIGHTS AND IN THE FULFILMENT OF THE CONSTITUTIONAL DUTIES.

CONSEQUENTLY, THE ROLE AND THE SERVICES CORRESPONDING TO THEIR COMPETENCE IN THE FIELD OF PARTNERSHIPS SHOULD BE TRANSFERRED TO THE COMMUNITY.

2.

IDENTIFICATION OF THE SERVICES BEING TRANSFERRED AND THE FUNCTIONS ASSUMED BY THE FORAL COMMUNITY.

THE FORAL COMMUNITY OF NAVARRE WILL EXERCISE WITHIN ITS TERRITORIAL SCOPE THE FOLLOWING FUNCTIONS WHICH, IN THE FIELD OF ASSOCIATIONS, WAS CARRIED OUT BY THE ADMINISTRATION OF THE STATE:

A) THE REGISTRATION AND REGISTRATION OF ALL THE ASSOCIATIONS WHICH, HAVING THEIR DOMICILE IN NAVARRA, MAINLY DEVELOP THEIR FUNCTIONS IN THE AREA OF THE FORAL COMMUNITY.

B) THE FOREIGN COMMUNITY OF NAVARRA SHALL FORWARD TO THE GENERAL REGISTER OF ASSOCIATIONS ALL APPLICATIONS AND THE RESPECTIVE STATUTES WHICH ARE FILED IN THE REGISTRY OF THE FORAL COMMUNITY, PRIOR TO REGISTRATION.

IN THE FORTNIGHT THE MINISTRY OF THE INTERIOR WILL COMMUNICATE TO THE FORAL COMMUNITY OF NAVARRA THE OBJECTIONS THAT, BASED ON ITS COMPETENCES AND THE LEGALITY IN FORCE, IT CONSIDERS COMING, THAT THEY WILL BE BINDING FOR THIS; IF IN THAT PERIOD THE MINISTRY OF THE INTERIOR SHALL NOT MAKE ANY OBJECTION, THE COMMUNITY FORAL MAY PROCEED TO THE INSCRIPTION.

C) FOR INFORMATIVE AND STATISTICAL PURPOSES, THE COMMUNITY OF NAVARRA MUST INFORM THE MINISTRY OF THE INTERIOR OF ANY CHANGES IN THE ASSOCIATIONS REGISTERED BY THE COMMUNITY.

ALSO, THE FORA COMMUNITY WILL FORWARD TO THE MINISTRY OF THE INTERIOR ALL DOCUMENTATION RELATING TO ASSOCIATIONS SUBJECT TO SPECIAL LAWS.

(D) IN THE CASE OF ASSOCIATIONS WHOSE REGISTRATION CORRESPONDS TO THE NATIONAL REGISTER ESTABLISHED IN THE MINISTRY OF THE INTERIOR, THE COMMUNITY OF NAVARRA SHALL FORWARD TO IT THE DOCUMENTATION RELATING TO THEM AND WARN THE INTERESTED IN THE DESTINATION GIVEN TO YOUR REQUEST.

(E) THE REQUEST FOR A DECLARATION OF PUBLIC UTILITY, FOR THE PURPOSES PROVIDED FOR IN THE LEGISLATION OF THE STATE, SHALL BE ADDRESSED TO THE FORAL COMMUNITY OF NAVARRE IN RESPECT OF THE ASSOCIATIONS OF ITS JURISDICTION AND THE LATTER SHALL FORWARD THE FILE, WITH ITS REPORT TO THE MINISTRY OF THE INTERIOR FOR FURTHER PROCESSING AND LIFTING OF THE DECISION OF THE COUNCIL OF MINISTERS.

(F) THE SAME FORM AS PROVIDED FOR IN THE PRECEDING PARAGRAPH SHALL BE CARRIED OUT IN RESPECT OF THE INTEGRATION INTO BODIES OF AN INTERNATIONAL CHARACTER OR IN RESPECT OF THE ADOPTION OF DESIGNATIONS OF REFERENCE TO THE SAME ASSOCIATIONS AS IT HAS REGISTERED THE COMMUNITY OF NAVARRA.

3.

SERVICES AND FUNCTIONS THAT CONTINUE TO CORRESPOND TO THE STATE ADMINISTRATION.

THE FOLLOWING FUNCTIONS SHALL CONTINUE TO BE EXERCISED BY THE ORGANS CORRESPONDING TO THE ADMINISTRATION OF THE STATE:

(A) THE NATIONAL REGISTER OF ASSOCIATIONS, LOCATED IN THE DIRECTORATE-GENERAL OF INTERNAL POLICY OF THE MINISTRY OF THE INTERIOR, SHALL REGISTER ALL ASSOCIATIONS AT NATIONAL LEVEL AND THOSE ASSOCIATIONS WHICH DO NOT CARRY OUT THEIR FUNCTIONS PRINCIPALLY IN NAVARRA, ALTHOUGH THEY HAVE ESTABLISHED THEIR DOMICILE IN THE TERRITORY OF NAVARRA.

B) WHERE ASSOCIATIONS WHOSE REGISTRATION AND REGISTRATION CORRESPOND TO THE FORAL COMMUNITY OF NAVARRA, THE MINISTRY OF THE INTERIOR SHALL PROCEED IN A MANNER SIMILAR TO THAT LAID DOWN IN PARAGRAPH 2.B.

C) THE ADMINISTRATION OF THE STATE WILL COMMUNICATE TO THAT OF THE COMMUNITY OF NAVARRA THE OPENING OF PREMISES WITHIN ITS TERRITORY BY ASSOCIATIONS OF NATIONAL SCOPE.

(D) THE DECLARATION OF PUBLIC UTILITY OF ALL THE ASSOCIATIONS CORRESPONDS TO THE GOVERNMENT OF THE NATION AND IN TERMS OF THE PROCEDURE WILL BE ESTABLISHED IN PARAGRAPH 2.E).

4.

STAFF ASSIGNED TO THE SERVICES THAT ARE TRANSFERRED AND VACANT JOBS THAT ARE TRANSFERRED.

I. IT WILL BE INCORPORATED INTO THE ORGANIZATION OF THE CIVIL SERVICE OF THE COMMUNITY OF NAVARRA, IN THE TERMS PROVIDED FOR IN ARTICLE 7 OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1.

THE DEPUTY SECRETARIAT OF THE MINISTRY OF THE INTERIOR SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND THEIR NEW ADMINISTRATIVE SITUATION, AND SHALL FORWARD TO THE COMPETENT COMMUNITY BODY THE CERTIFIED COPY OF ALL THE STAFF FILES. TRANSFERRED AS WELL AS CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS DUE DURING 1985.

II. NO VACANT POSTS ARE TRANSFERRED.

5.

PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED AND THE NET BURDEN ASSUMED BY THE COMMUNITY OF NAVARRA.

I. THE PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED BY THIS AGREEMENT AND OF THE NET BURDEN ASSUMED BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR 1985, IN ACCORDANCE WITH ARTICLE 6 (7) OF THE ROYAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 1,880 THOUSAND PESETAS, ACCORDING TO DETAIL IN THE ATTACHED RELATION NUMBER 2.

II. IN ACCORDANCE WITH ARTICLE 8 OF THE AFOREMENTIONED ROYAL DECREE, THE COMMUNITY FORAL DE NAVARRA ASSUMES THE FINANCING OF THE SERVICES TRANSFERRED TO IT BY THIS AGREEMENT.

6.

INVENTORY OF GOODS, RIGHTS AND OBLIGATIONS THAT ARE TRANSFERRED.

I. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE COMMUNITY OF NAVARRA, WHICH ARE RECOGNIZED IN THE ATTACHED RELATION NUMBER 3.

THE TRANSFER OF THESE GOODS, RIGHTS AND OBLIGATIONS IS CARRIED OUT IN ACCORDANCE WITH ARTICLES 9 AND 10 OF ROYAL DECREE 2356/1984 OF 19 DECEMBER.

II. WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE CORRESPONDING ACT OF DELIVERY AND RECEIPT OF FURNITURE, EQUIPMENT AND INVENTORIED MATERIAL SHALL BE SIGNED.

7.

ADMINISTRATIVE DOCUMENTATION RELATING TO THE SERVICES BEING TRANSFERRED.

IN THE PERIOD OF ONE MONTH FROM THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE NECESSARY DOCUMENTATION AND RECORDS SHALL BE PROVIDED FOR THE PROVISION OF THE TRANSFERRED SERVICES, THE CORRESPONDING MINUTES OF DELIVERY AND RECEIPT ARE SIGNED FOR THIS PURPOSE.

THE RESOLUTION OF THE FILES THAT ARE BEING PROCESSED IN THE EFFECTIVENESS OF THE TRANSFER WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11 OF ROYAL DECREE 2356/1984.

8.

TRANSFER ERA DATE.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 JANUARY 1986.

AND FOR THE RECORD, THEY ISSUE THIS CERTIFICATION IN MADRID AT 23 DECEMBER 1985. THE SECRETARIES OF THE TRANSFER BOARD, JUAN SOLER FERRER AND JOSE ANTONIO RAZQUIN LIZARRAGA.