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 THE GOVERNMENT OF THE NATION STATES THAT ACCORDING TO THE SAME COMPETENCE, IT WILL BE CARRIED OUT BY THE GOVERNMENT OF THE NATION, AND IT WILL BE ENACTED 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 TRANSFER BOARD, WHICH PROVIDES FOR ITS ARTICLE 2, IS, AFTER CONSIDERING THE ADVISABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF CHILD PROTECTION, ADOPTED AT ITS MEETING ON 2 JULY 1985 THE APPROPRIATE AGREEMENT WHICH FOR ITS EFFECTIVENESS, IT REQUIRES THE APPROVAL OF THE GOVERNMENT BY MEANS OF A 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 JUSTICE AND OF THE TERRITORIAL ADMINISTRATION, AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING ON 31 JULY 1985, I HAVE:

ARTICLE 1. THE AGREEMENT OF THE TRANSFER BOARD, DATED 2 JULY 1985, IS APPROVED BY TRANSFERRING FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION, IN MATTERS OF PROTECTION OF MINORS, TO THE COMMUNITY OF NAVARRA.

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 MINISTRY OF JUSTICE PRODUCING, UNTIL THE ENTRY INTO FORCE OF THE PRESENT ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF THE SERVICES IN THE SAME REGIME AND LEVEL OF FUNCTIONING THAT THEY HAD AT THE MOMENT OF THE ADOPTION OF THE AGREEMENT THAT IS TRANSCRIBED AS AN ANNEX OF THE PRESENT ROYAL DECREE.

ART. 4. THE PROVISIONAL VALUE OF THE BUDGET APPROPRIATIONS, PROVISIONALLY VALUED, AS DETAILED IN RELATION NUMBER 2 OF THE ANNEX, SHALL BE DISCHARGED FROM THE CORRESPONDING AMOUNTS AS FROM 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 ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

GIVEN IN PALMA DE MALLORCA TO 1 AUGUST 1985. -JOHN CARLOS R.-THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO AND MUÑOZ.

ANNEX

DON J.S.F. AND DON J.A.R.L., SECRETARIES OF THE BOARD OF TRANSFERS PROVIDED FOR IN THE TRANSITIONAL PROVISION FOURTH OF ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, CERTIFY:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 2 JULY 1985, AGREEMENT WAS REACHED ON THE TRANSFER OF THE FUNCTIONS AND SERVICES OF THE STATE IN RESPECT OF THE PROTECTION OF MINORS TO THE FORAL COMMUNITY OF NAVARRE TERMS THAT ARE THEN REPRODUCED:

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 MATTER TO WHICH THE SERVICES THAT ARE THE OBJECT OF TRANSFER ARE CONCERNED.

IN THE VIEW OF THE PROVISION IN THE TRANSITIONAL PROVISION FOURTH OF ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, AND IN ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND OF ACCORDING TO ARTICLES 148.1.21 OF THE CONSTITUTION AND 44.23 OF THE AFOREMENTIONED ORGANIC LAW, THE COMMUNITY IS RESPONSIBLE FOR EXCLUSIVE COMPETENCE IN THE FIELD OF PUBLIC INSTITUTIONS AND ESTABLISHMENTS FOR THE PROTECTION AND PROTECTION OF MINORS. FOR ITS PART, ARTICLE 149.1.6. And 8. FROM THE CONSTITUTION RESERVES EXCLUSIVE JURISDICTION OVER CRIMINAL, PENITENTIAL AND CIVIL LEGISLATION.

CONSEQUENTLY, IT IS APPROPRIATE TO TRANSFER TO THE FORAL COMMUNITY THE FUNCTIONS AND SERVICES CORRESPONDING TO ITS POWERS IN THE FIELD OF PROTECTION AND PROTECTION OF MINORS.

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

1. THE COMMUNITY OF NAVARRA SHALL EXERCISE, WITHIN ITS TERRITORIAL SCOPE, THE FUNCTIONS WHICH, IN THE FIELD OF PROTECTION AND PROTECTION OF MINORS, HAVE BEEN CARRIED OUT BY THE ADMINISTRATION OF THE STATE AND, IN PARTICULAR, THE AUTONOMOUS AGENCY FOR THE PROTECTION OF MINORS, ACCORDING TO THE RECAST TEXT ADOPTED BY DECREE OF 2 JULY 1984 AND ADDITIONAL PROVISIONS, WITH THE EXCEPTION OF PARAGRAPH 3 OF THIS AGREEMENT.

2. THE FOLLOWING SERVICES AND INSTITUTIONS OF TERRITORIAL SCOPE ARE TRANSFERRED TO THE FORAL COMMUNITY:

A) PROVINCIAL CHILD PROTECTION BOARD.

B) CENTERS:

CHILDREN ' S DAY CARE "OUR LADY OF LOS ANGELES."

" BELEN. CHILDREN ' S HOME. "

RESIDENCE "CORTÉS DE NAVARRA".

RESIDENCE "AVENIDA ZARAGOZA".

URDAX RESIDENT ".

HOUSE "BELASEOAIN".

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

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

1. THE TUTELARY COURTS OF MINORS, WHOSE FUNCTION IS THE CORRECTION OF MINORS OF SIXTEEN YEARS, OFFENDERS OF THE PENAL LAWS, WHOSE ORGANIZATION, ATTRIBUTION AND FUNCTIONS, AS SOON AS THEY HAVE NO IMPACT ON THE MANAGEMENT, REGIME AND FUNCTIONS OF THE CENTERS AND SERVICES TRANSFERRED, IT IS THE SUBJECT OF THE LAW AND SPECIAL REGULATIONS OF THIS JURISDICTION, AND WILL BE IN CHARGE OF PERSONNEL AND MAINTENANCE EXPENSES OF THE TUTELAR COURT OF MINORS OF NAVARRA.

2. THE PILOT CENTERS OF A NATIONAL NATURE, TRANSIENTLY, AS SOON AS THEY COMPLY WITH THIS PURPOSE.

3. THE COORDINATION OF THE REFORM CENTRES AND THE COORDINATION AND GUIDANCE OF THE VERY DIFFICULT ONES.

4. THE NATIONAL STATISTICS.

5. THE STUDY, RESEARCH, NATIONAL PUBLICATIONS, NATIONAL TRAINING PLANS OF EDUCATORS, EXPERIMENTAL PROGRAMS, NATIONAL CONGRESSES, RELATIONS AND INTERNATIONAL PROGRAMS.

4. STAFF ASSIGNED TO THE SERVICES WHICH ARE TRANSFERRED AND VACANT POSTS WHICH ARE TRANSFERRED.

1. IT SHALL BE INCORPORATED INTO THE ORGANISATION OF THE CIVIL SERVICE OF THE COMMUNITY FORAL DE NAVARRA, IN ACCORDANCE WITH ARTICLE 7. OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1 (+).

THE SECRETARIAT OF THE MINISTRY OF JUSTICE SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND ITS NEW ADMINISTRATIVE SITUATION AND SHALL FORWARD TO THE COMPETENT COMMUNITY BODY THE CERTIFIED COPY OF ALL THE STAFF FILES. TRANSFERRED.

5. DEFINITIVE ASSESSMENT OF THE SERVICES TRANSFERRED.

1. THE FINAL ASSESSMENT OF THE SERVICES CARRIED OUT BY THIS AGREEMENT SHALL BE CARRIED OUT WITHIN THE FRAMEWORK AND WITH THE EFFECTS PROVIDED FOR BY THE ECONOMIC AGREEMENT REPLACING THE CURRENT ONE, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 8., 2, OF THE ROYAL DECREE. 2356/1984 OF 19 DECEMBER.

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

6. INVENTORY OF GOODS, RIGHTS AND OBLIGATIONS THAT ARE BROUGHT.

1. THE RIGHTS AND OBLIGATIONS ASSIGNED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE COMMUNITY FORAL DE NAVARRA, WHICH ARE INCLUDED IN THE DETAILED INVENTORY OF THE ATTACHED RELATIONSHIP NUMBER 2 (+).

(+) SKIPPING THE INCLUSION OF THIS RELATIONSHIP

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

2. WITHIN ONE MONTH, FROM 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 DATE OF EFFECTIVENESS OF THE TRANSFER WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11 OF ROYAL DECREE 2356/1984.

8. DATE OF EFFECTIVENESS OF THE TRANSFER.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 APRIL 1985. FOR THE RECORD, WE WILL ISSUE THIS CERTIFICATION IN MADRID ON 2 JULY 1985.-THE SECRETARIES OF THE TRANSFER BOARD. J.S. F. Y J.A.R.L.