JOHN CARLOS I

KING OF SPAIN

To all who present it and understand, know:

That the General Courts have approved and I come to sanction the following Law:

PREAMBLE

I

The democratic organization of our coexistence represented by the Constitution is a singular event of our convulsive history of the last centuries; singular by the degree of the consensus reached in its elaboration and It is a matter of course, and it is a matter of course, a matter of course, a matter of course, a matter of course, a matter of course, a matter of course, a matter of course, a matter of course, a matter of course, a matter of course. show us the remarkable and serious differences that divided the feeling of the citizens and were cause of profound alterations in the public thing.

The establishment of such a solid foundation of coexistence, which is worth as much as it is to say in the future, must produce beneficial effects throughout the national self by breathing new sap and new energies into the last ones. In a word, regenerating an unattended social fabric when not decrepit and lacerated by the successive attacks of how many vices and abuses ravaged our public life, transforming it into the field of Agramante de those who disputed the domain of the institutions for the satisfaction of private interests.

One of the areas in which the greatest effects it produces and has already produced the approval of our beloved Constitution is that of the local administration so badly needed to adapt to the new reality. In the day there are numerous tests of the urgency to define from the State the scope of autonomy that is recognized to these Entities so rich in history and in samples of their important contribution to the defense and aggrandizement of Spain, but They are so exposed to suffering the evils that may be derived from an abusive limitation of their capacity to act in the matters that are of the pro-common of the villas, villages, parishes, alfoces, communities and other places that with different names are known in the different regions of our homeland.

The seriousness of the matter does not allow for delay and much less when, for the sake of the new territorial configuration of the State, the new Autonomous Communities wait, some impatiently, for the State to trace the master lines The defining of these Entities immediately, to proceed to the exercise of the faculties that their novisimos Statutes entrust to them.

It will be easily understood that, when drawing up the present rules of the local regime, the legislator feels the burden of a special responsibility, which encourages him to extend his reflections to all those areas related to the subject and to inquire about it from all possible perspectives and in the first place to return the view to the History. And it is that the institutions that make up the local regime, in addition to its intrinsic importance, in addition to its immediate proximity not to more or less nourished collectives, but to the practice as a whole, possess extraordinary density historical; they have a multisecular past that can only provide valuable teachings and guide the pulse of the legislator.

Think first of all in the municipality, a framework par excellence of civil coexistence, whose history is very much the West's to which we belong. Both in Spain and in Europe, progress and social equilibrium have been associated since antiquity to the splendor of urban life and the consequent municipal flourishing. And vice versa, the periods of stagnation or retreat have also been characterized by the simultaneous decline of the citizens ' communities, which in centuries already far away came to be consumed with the ruin and extinction of the Municipalities.

As the first millennium of our era closed, the confluence of multiple and diverse factors brought about the resurgence of the less non-existent urban life. The countries of Western Europe, Spain among them, once again witnessed the eruption of compact human nuclei. Their settlements cease to be mere centers of population to acquire higher organicity, progressively defined personality; to slowly forge a specific legal regime. The Municipality, of course, does not equate to the city, the materiality of its streets and buildings. The Municipality is the peculiar legal organization of the urban core and also, often, of its geographical environment. Do not forget, in fact, that the nascent medieval Municipalities were for several centuries essential instruments of colonization of territories gained to the Muslims. With the decisive contest of the Municipalities and through its impulse, large areas were repopulated and countless villages and villages were created, organizing, in addition, extensive terms and fast-links to the respective cities. The most complete expression of the reach of the municipal expansion is surely found in the numerous community castellanas of villa and land.

The uniqueness of the municipal organization has been alluded to, but what exactly did it consist of? We men of the twentieth century need to exercise our dormant imagination, transcend the immediate historical horizon, to understand fully what was once the emergency of the municipal regime. It is necessary to recall the previous exclusivity of the agrarian life, controlled entirely by stately sectors whose arrogance was translated into the establishment and generalization of the relations of serfdom. In this stately context, the rebirth of cities and their organization in Municipalities makes it possible to enjoy up to then unaffordable freedoms; it allows them to be redeemed in bad uses and stately oppression, as well as to acquire a Statute. legal freedom from the past and heavy restrictions. There was no reason for the medieval man to preach that "the air of the city is free". If the lordship is the archetype of personal subjection, the Municipality is the reduct of freedoms. In truth the Municipalities are liberating enclaves in the middle of the stately ocean of payeses, solariegos, etcetera, subjected to servitude.

It was not, of course, the altruism of the lords that prompted the granting of these particular freedoms. The initiative and the stimulus come from the Crown, interested in weakening hegemony and countering the influence of the stately forces, which stands as a protector and ally of the cities. Hence the monarchy which grants the singular norms that cement the municipal building: innumerable and successive forces, privileges, franchises, exemptions, and the legal regime of the populations that, after receiving them, become in Municipalities. As a result of this process, there are no two municipalities with the same regime. Rather, there are different types or municipal models with different levels of development. Common to the municipalities of realengo is, however, the legal contrast with the rural lordship and the intimate connection with the monarchy, as it is, of course, having obtained generous doses of self-government consumption to the Municipality itself. Because, while obviating the interpretative excesses of liberal historiography, it is not questionable that the medieval Municipalities-the main and precociously the Castilian-cohonked their undiscussed dependence on the royals with the enjoyment of wide autonomy on all orders.

However, the initially egalitarian participation of the whole of the neighbors in the municipal government was neither maintained in all its purity nor was it too long-lasting. The acceptance of the criteria for the stratification of stamps, to which the accused differences of wealth that among the conneighbors provoked in certain cities the commercial prosperity, did not favor the perpetuation of the democracy municipal. The legal translation of the social distinctions of the stamp (or economic) basis introduced into the bosom of the populations a powerful germ of disunity, engendered incessant convulsions and plunged the Municipalities into a situation of permanent crisis.

The tendency toward the oligarchization of the municipal government, the decomposition and endemic disorders of the urban regime, the parallel propensity of central power (en route to absolutism) to strengthen its powers in the to the detriment of local autonomy, they facilitated the intervention of the monarchy. Between mid-14th and late fifteenth century the municipal organization experienced profound mutations that contributed to considerably narrowing the scope of the previous self-government. Let us mention, for example, a sense of paradigmatic manifestations of the phenomenon that has just been mentioned; the early reforms of Alfonso XI in Castilla and the late Fernando II in Catalonia, different and distant in time, but inspired by the end of similar political guidelines.

Throughout the middle of the Middle Ages the Municipalities were thus literally stuck on one side-from within-, by the action of the nobility and the urban patriciates; from another-from outside-by the interventionist pretensions of the own monarchy. The triangular struggle that the Municipality will take until very advanced the Old regime will eventually lead to the detriment of the citizen sectors, although it has always been aligned in the royal camp. The development of the municipal oligarchies was facilitated by the replacement of the open assemblies to all the neighbors (open councils) by small organizations (Cabildos, Consells, Aygales) of which they are still part, with the holders of posts of designation governed and without being confused with them, other officers in principle rigorously elective. The representativeness of the municipal institutions is, however, decreasing. While the trades conceived as the protection springs of the common neighbours lose their substance, they are denatured or they are eclipsed, the phenomenon of the patrimonialization of the public charges that goes through Europe breaks the one of precarious equilibrium and propitiates the enquistment of the local oligarchies thanks to the occupation of the regiments acquired by oath of inheritance, transmissible and "perpetual".

Political and fiscal factors led the monarchy to tighten the siege. The vicissitudes of the absolute State passed on the Municipalities in a double order of things. The formation of that was, in the first place, the notorious reinforcement of the control over the citizen discourse, which will be materialized in the deployment of the real correctors by the populations of certain relevance of the Castilian Crown, What is your geographical position (from Guipúzcoa to Cádiz, from La Coruña to Murcia). For the purposes of this, it will be enough to point out that the correctors were the agents par excellence of the ruling power and the presidents of the respective Councils. The consolidation of the State and the external commitments of the Austrians originated, the second place, very high costs and the consequent and chronic penury of the Hacienda, that it has not repaired in means to satisfy its own requirements. From this fate, to the unfortunate and unscrupulous economic management of the oligarchies that govern the cities, to the heavy tax burden that gravitates on the population of the breast, the disturbances caused to the Municipalities by the It is not necessary to increase the number of jobs, because of the proliferation of the exemptions of villas and places of the world, due to the imposition of multiple taxes. In order to feed the real treasury it sells without charge-trades, villas, baldiums ...-at the risk of impoverishing the Municipalities simultaneously and endangering the integrity of their assets.

The history of the modern municipality is, with everything, extremely complex and is filled with facts of ambivalent significance, of still unexplored nuances. From a general point of view there is no doubt about its decline. However, the pre-liberal municipal regime was slow to collapse; it retained for a perhaps longer period than is often believed to be part of its power and the rescoles of its own autonomy were far from turning off to the point. Did the denostados, the executor, the executor of the royal designs, not at the same time serve as a brake on the abuses of the powerful minorities?

In the last stretch of the Old Regime, the municipal organization that the Austrians had received, preserved and exported to America, was the object of reforms inspired by the unique principles and centralizers of the illustration. However, they are antagonistic to the orientation that this Law presides over, in the interests of historical rigor, the temptation to silence them or to value them critically. The attribution to the Enlightened Despotism of democratizing claims of local life would not be acceptable. However, it is important to stress three aspects of the reforms. Its gradation itself does not lack meaning, as it hints at the order of priorities of the rulers of the time. In the first stage, the unification of the municipal regnicolas models will be undertaken.

The sanitation of the local estates is then addressed. And, finally, the timid application of certain representative mechanisms is being taught. With the exception of the first aspect, the transformations of the long-lived absolutist municipal regime were not too profound, despite the fact that their execution stumbled upon the stamps and provoked strong resistance.

The arrival of liberalism substantially modified the assumptions of the municipal regime that has been described in great detail. The one-formist and centralized spirit, then at the service of renewal, spread everywhere. The abolition of the stamp privileges and the consecration of the representative principle rendered impossible the continuity of the perpetual regiments, completely altered the procedure of access to the municipal offices and prejudged the composition of Constitutional Councils. The conception of property sustained by the bourgeoisie did not foreshadow, precisely, the peaceful and indefinite enjoyment of the amortized municipal property. The purpose of rationalizing and giving homogeneity to public action in the territorial sphere led to the introduction of the provincial formula and the parallel creation of the Diputations.

The initial version of the local constitutional regime, regulated in Cadiz, was effectively established in the liberal triennium. It was characterized by the introduction of uniform trace Aylaces in all the populations that will have at least 1,000 inhabitants and by the laying of the provincial network around the Binomio Diputation-Chief political. The members of the Councils are elected by indirect suffrage. It is undeniable that the articulation of the local bodies with those of the central power was carried out with the contest of the centralizing techniques in vogue, although the sphere of the competences reserved to the Councils was still wide and, moreover part, the authors of the Instruction of 1823 did not hesitate to accommodate some solutions that were then prudently decentralized.

When, after the constipated absolutist interludes, the definitive installation of the constitutional system takes place, the docaneanist legacy in the field of local regime is quickly replaced by a new model of doctrinal that moderates and progressives share in the fundamental, true that with variants and differences of degree not disdainable. Indirect suffrage gives in to the direct vote in its censitive mode. The strengthening of the executive power and the coetaneum take-off from the State Administration redoubled the possibilities of effectively controlling the local entities, subject, at last, to the iron centralization that, now with a view to immovilists, the moderates led to their last consequences in the municipal and provincial laws of 1845. On the contrary, the progressives will advocate the extension of the census and the consequent extension of the vote, the softening of the centralizing mechanisms, the increase of the powers of the Councils and the full electivity of the mayors. On most occasions, such proposals lacked an echo and, at best, got fleeting successes. In the Elizabethan period, the civil disamortisation, which deprived the municipalities of a good part of their heritage, is being undertaken, for the rest, and at a strong pace.

The contribution of the immediate September Revolution to the local regime-which was made in the municipal and provincial legislation of 1870-will consist of the adoption of universal suffrage, in the electivity of all the posts. The Council of the European Union is a member of the Council of the European Union. The rulers of the Restoration did not take, however, to return to the orientation of the local moderate-cut regime prior to the Sexenium. The modification in that sense of the Laws of 1870 took place in December 1876. The Royal Decree of 2 October 1877 contains the recast text of the last municipal law of the century, at the same time as the regulation of the provincial regime, then replaced by that of the Law of 29 August 1882.

In truth, the panorama offered by local finisecular institutions was bleak. At the provincial level, the Diputaciones remain subordinate to the civil governors completely; in the municipal, the Ayunes, which are barely representative, remain subject to the close protection of the State. The central government continues to investigate the powers that have been left over to intervene in the appointment of the mayors, to remove the local authorities or to suspend the municipal agreements. The criteria to which the local legIslation mentioned, far from infusing vitality to Ayquestas and Diputaciones, led to its paralysis. The incidence of caciquism aggravated the situation: it caught the local regime in the meshes of the inauthenticity, surrounded it with corrupt practices and condemned it to live in an agonizing state. The testimonies of the contemporaries, unanimous in this respect, leave no room for doubt.

In that tesitura, the local regime, constrained by outdated laws and suffocated by the thick caciquil plot, became politically problematic with a thick caliber. As a series of legislative projects predestined to fail to fail in the courts, the criticism is generalized to reach in the voice of the regenerationists a clamorous volume. Among such projects they deserve to be remembered that of Sánchez Toca of 1891, that of Silvela of 1899 and, above all, that of Maura of 1907, without a doubt the most ambitious and the one that was debated with greater ardor. Maura was aware of the safety of partial reforms and the impossibility of curbing the degradation of local life without removing the caciquism and without reversing the centralizing orientation that inspired the laws of 1877 and 1882 at the time. in force. His was the most serious and thoughtful attempt to review the local regime as a whole, to fight corruption and to strengthen municipal and provincial bodies. The project recognized the local diversity, repealed the disamortizing provisions, strengthened the position of the mayors, loosened the protection of the State and simultaneously sought to extend the action of the local authorities by means of The municipality of services. The post-1907 projects ran the same fate. If until then the reform of the local regime had conceived very strong opposition, the approach with acute characters of the regional question that then exceeded, when opening a new gap in the of itself cracked political system, increased difficulties.

The legislative trajectory of the local regime led to the dictatorship of Primo de Rivera in the Municipal Statutes of March 8, 1924 and Provincial of March 20, 1925, the work of José Calvo Sotelo intimately connected with the Maurista local ideary. The municipal statute takes part in the conviction that the consolidation of local life depended, in large part, on the previous abandonment of the single-formist and centralizing guidelines. A certain amount of attention was given to rural municipalities and to smaller entities, and, on the other hand, some of the most rigorous manifestations of the subordination of the Ayuntes to the State Administration were abolished. and to widen the scope of municipal competences. Measures previously provided for by Maura and already mentioned, such as the repeal of the Deamortisation of Law and the Municipality of Services, were also incorporated into the Staff Regulations, in the final analysis of the technical solutions which had been in the preceding decades and in the political doctrines of an authoritarian sign, whose influence is translated, for example, in the introduction of corporate representation. Independently of formal declarations to the contrary, dictatorial, decentralization and the invigoration of the local regime were mutually exclusive; in fact, the application of those precepts of the Statutes that symbolized the The ebb of centralization was put on hold and it did not come to an end.

The rapesize sketch that antecede suggests some reflections, too obvious by their own elementality, so that the legislator does not forget them and forget them. The historical experience shows irrefutably that the flourishing of local life presupposes the enjoyment of ample autonomy nurtured by the authentic participation of the neighbors. It is equally clear that local authorities need sufficient resources, which are capable of meeting the needs and of seeking the services which the administration requires and demands. Nor does it seem questionable, finally, that local regime and political regime have evolved in unison, both of which are the same principles. Not for another reason, the late history of our local regime is the story of a prolonged, growing and devastating frustration. When, as happened in a particularly sobering way from the middle of the eight hundred, the neighborhood participation is taken into account, the representation is adulterated, the centralization is used and abused, the local institutions languish until be exhausted. It was not at random that the repeated attempts at reform of the local restoration regime were to result in sterile dessert. The advent of the democratic and autonomous state requires the definitive consolidation of local institutions capable of taking responsibility for their own interests and living in the fabric of the State.

II

As our history demonstrates and today proclaims the Constitution, to say local regime is to say autonomy. The survival itself, over time and under the most diverse political circumstances, of this characteristic note, however, shows the indetermination and ambiguity of the concept. Only its positive configuration from the postulates and in a given legal-political context is capable of providing it with precise content.

To begin with, the sense of local autonomy cannot dispense with this fundamental reference of our constitutional order in which Spain, designating itself as a real subject and protagonist of its history, is constituted in Social and democratic rule of law; thus anticipating the formalization of this data in the concise formula of residence of all sovereignty in the Spanish people. Local autonomy must therefore be placed in the light of that principle and in the light of the nuclear principles which the Constitution contains for the total structuring of the State.

The will of the Spanish people has been to enrich its organizational structure, multiplying its decision centers, without any waning of the superior unity of its unifying reality. The definition of the Municipalities and Provinces is done in a sufficient way, although not prolija, in the supreme text. Municipal autonomy must be the guiding principle of the regulation of each entity. The criterion for avoiding contradictions with other instances lies in the determination of their respective interests. What is the respective interest has not been developed by the Constitution, although it has determined the matters of interest of the Autonomous Community (art. 148.1) and the State (art.149.1). With these elements and with the data that is detached from the reality itself, it is possible to build the local institutions by keeping them in the place that should correspond to them in a complex state like the present one; and to the General Cortes It is a matter of enriching and concretizing the basic design of local entities as one of the pieces of the entire territorial organization of the State. It presupposes, therefore, a territorial perspective, that is, global and non-sectoral. Its development represents the setting up of a territorial institution and, consequently, its subjective status-points of reference of the new order from and for them vertebrate-and the management of the potentially universal capacity of the institution. All sectors of the reality to which the public action is extended are thus alluded to and to a greater or lesser extent affected. It is, in short, a law that concerns the construction of the state itself and the design of one of the legal and administrative systems in which it is integrated.

If in its medieval origins local autonomy is the urban municipality, the city that is born free by exemption from the stately world in decline and if, at the moment of the rise of the constitutional state, this characterization could To be completed by identifying it with a supposed local order of competence, none of these two ideas today serves to determine autonomy. It is not now a question of using the municipal step as a decisive element in an historic process of emergency of a new political order, but rather of delimiting the space and the role of local entities within an established order. Nor is it possible to understand today the public authorities as monolithic structures, built in cascade from major to minor and endowed with relatively stable and differentiated functions as well as the world to which it faces.

On the contrary, the social, cultural, technological and economic reality has definitively broken the singular situations of relative isolation and today the society is shown as a continuous whole where the distance, before factor It has been overcome by means of transport, by the waves and by the dependence of a single market at the national level, in turn already intimately related to the international reality.

This continuity of the social fabric makes it impossible to mark a clear borders to the interests whose respective tutelage is entrusted to the various powers that emphasize their condition of being part of an institutional set of complex architecture in which the parties acquire meaning in the light of the whole, but articulating each other not by formal principles, but by material criteria that try to adapt the competences to the real interests at stake.

Local autonomy cannot be defined in a one-dimensional way from pure localist or regionalist objectivism, but requires being placed within the framework of the State's comprehensive system.

The specific difficulty of this objective is that it is not unique and homogeneous, but is constituted by the simultaneous action of the principles of unity and autonomy of the nationalities and regions, which find their expression organization in the distribution of power between the general institutions of the Nation and the Autonomous Communities. It can be described as happy the concept of this formula as a compound state, a state with a single sovereignty, a single people with a common political destiny, which-recognizing its diversity-constitutes the permanent resolution system of its contradictions, conflicts and tensions that the State is not otherwise, on the basis of a plurality of autonomous and diverse instances, vertebrate among themselves for the maintenance of the value of the unit. It is therefore of no real sense to appeal without more to pre-established models, since the local Corporations have in the system so described a position of their own, which is not defined by any other of the territorial authorities, The same as these-in their condition, won by their historical and current weight, of parts of the total structure of the State.

It goes without saying that local autonomy, for its reality, requires an institution capable of acting; institution which, by express constitutional mandate and at least in the municipal basic step, must be mounted on the double note of direct representativeness and personification. But, in the interests of the local authorities, this means that the local authorities must be the institutional norm of local authorities. This elementary check implies two major consequences. In the first place, that rule develops the constitutional guarantee of local autonomy, an ordinal function which, when it is reserved or, which is the same, is forbidden to any other norms, lends itself to its position in the order as a whole. a specific vis, notwithstanding its formal condition of ordinary law. On the other hand, the fact that local authorities, however their unequivocal political substance, deploy their capacity in the administrative sphere, justifies this last condition of the defining framework of their autonomy, as well as the identification of the constitutional title for its establishment in Article 149.1 (18) in relation to the basic text of 148.1, paragraph 2.

It is explained, therefore, that the determination of this framework is the result of the joint action, according to the concrete distribution of legislative power in the matter operated by the legislative bloc made up of the Constitution and the Statutes of Autonomy, of the General Law and the Territorial Law.

The peculiar structure of such a framework-a basic constitutional decision in terms of institutional guarantee and referral to the ordinary legislator of local authorities-does not, however, mean that such a Statute should be regulated. The law is exhaustible. The old polemic between uniformisa and diversity in the local organization, in no way solved with the frustrated attempts to make local regimes (which only represent a sterile relaxation of the uniformisa), resurfaces here. now transmuted into the tension between the constitutional values of unity and autonomy (of nationalities and regions and local authorities). The resolution appropriate to this tension, of course, requires the constriction of the general framework to be strictly indispensable to satisfy the national interest, but also of course a specific weighting, according to its relative constitutional value, of the reciprocal demands of the self-interest and the strictly local. From this weighting it turns out that if, in terms of the formation of the territorial organization (processes of alteration of municipalities and the creation of new territorial entities), the autonomy interest must be primacy, the same is not the case in the the internal organisation of the local authorities; the plan in which it is appropriate to recognise the primacy of the interests of the accommodation of the latter to the specific characteristics of the latter.

But the local regime, in order to fulfill its function of guarantee of autonomy and, even, its specific task as institutional norm of the local administration, requires to extract the purely organizational and operating to penetrate the field of competence, the rules of public activity and the regime of personal and material means. It is obvious to say that, in this field, the legal regulation must be very present in the constitutional option, expressed in Article 149.1, paragraph 18, in favour of a common organisation, setting out the inevitable peculiarities of the administration. local from that homogeneous background, for its consistent integration in the same.

in the light of the absolutely crucial aspect of the competences, the starting point cannot be today another than that of the radical obsolescence, for the reasons already mentioned above, of the linking of autonomy to a bloc of powers of a local nature.

In fact, except for certain exceptions, the issues that in their entirety can be attributed to the exclusive interest of local corporations are rare; logically, there are also rare ones in which there is no local interest at stake; hence the question of the competence areas of the local authorities should take into account a balanced composition of the following factors:

(a) The need for a sufficient guarantee of local autonomy, which meets in the first place to satisfy the general law as it is the development of a constructive constitutional option, which must therefore be effective in the entire territory of the nation in terms of, at least, a minimum common denominator in relation to the content of such autonomy.

b) The requirement for the harmonization of this general guarantee with the territorial distribution of the legislative provision on the various organic areas or sectors of public action, since it is clear that one and the other They can, on the penalty of unconstitutionality, cancel each other.

c) The material impossibility, in any case, of the full and sufficient definition of local competencies in each and every sector of potential intervention of the local administration from the legislation of the scheme local.

The legal system of local autonomy is intended to achieve this balanced composition, which has been mentioned. On the basis of the express recognition of the powers and the excessive powers of local and regional authorities as a public administration, the whole system pivots on the plasmation of the material criterion from which it must In the case of the Commission, the Commission will be able to take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that the Commission is able to take the necessary measures. of the fundamental right to participation in public affairs-which allows for involvement on the interests of the various territorial authorities in any such public affairs. The closing mechanism is provided by the imposition of the sectoral legislation-from the special ordinal position to the Law of the local regime, which has already been noted-of the weighting of the criterion, and of the other, the articulation of the administrative powers in the matter in question in a manner consistent with it, as well as the attribution to the basic state legislation of a function of ensuring a minimum of competence to the Administration Local.

Finally, the basic organization of the local Corporations and their relations with the other two territorial public administrations are logically registered in the master lines that have been drawn.

Because of what it does to interadministrative relations, the radical inadequacy of the maintenance in the new and composed constitutional state of the techniques and the categories crystallized in the centralist state and the Authoritarian. In particular, this trial of radical obsolescence deserves to be preached from the formalised techniques actuable by unilateral will of one of the administrations and incidents normally in the validity or the effectiveness of the acts emanating from another, in this In the sense of the above, techniques that are not but a consequence and logical consequence of the pyramid construction and hierarchical of the administrative public power, since the guardianship, to which all of them are reconducted, is but a category that expresses a situation of strong dependency almost hierarchical. The constitutional principle of autonomy and the administrative principle of decentralization, in which the new State is founded, involve the diversification of the centers of administrative public power and the actions of each of them, in their field. The Commission has been able to do so, with full capacity and under one's own responsibility, that is to say, they prevent the attribution of powers of control to one of them that fall on the general activity of the others and that they entail a limitation of the capacity of the others. It is true that this does not mean in any way the investment of administrative public power, since it simultaneously plays the principle of unity and its administrative translation in the field of coordination and efficiency. It only happens that it is no longer legitimate to carry out these values on the basis of the above; rather, it must be the result of the very game of institutional life from its budgets of democratic representativeness and autonomous management of the their own competences (with which all the administrative bodies are identical in terms of capacity in the sphere of their affairs, deriving the inequality only from the structure inherent in the public interest) as the result of the permanent effort of political-social integration in the constituted order. In this way, the techniques of relationship between administrations must be aimed more at the definition of the framework and the procedures that facilitate the meeting and the communication, even of an informal nature, for collaboration and cooperation. Inter-administrative coordination, mainly voluntary and of a negotiated basis. Of course, the technical table must be closed down by a system of the supposed limit of the conflict, due to the failure of the same. The configuration of this system of conflicts must be, at the same time, respectful of the essential positional equality of the territorial administrations and the insurer that the approach and the substantiation of the conflict do not alter the specific the constitutional structure of the public interests to which these administrations serve.

The above reflections are a compendium of the philosophy that inspires the Law. This, rather than seeking to guarantee autonomy over the stillness of watertight and incommunicado compartments and, in short, a static balance of the inanimate things, seeks to base that on the dynamic balance of a system of distribution of power, trying to articulate the interests of the whole, recognizing each one's own and establishing the competencies, principles, criteria and guidelines that guide the practical application of the norm in its set of form open to the reality and the needs of the present.

TITLE FIRST

General provisions

Article 1.

1. The municipalities are basic entities of the territorial organization of the State and immediate channels of citizen participation in public affairs, which institutionalize and manage with autonomy the interests of the corresponding collectivities.

2. The Province and, where appropriate, the island also enjoy the same autonomy for the management of the respective interests.

Article 2.

1. For the effectiveness of the autonomy guaranteed constitutionally to the local entities, the legislation of the State and the Autonomous Communities, regulatory of the various sectors of public action, according to the constitutional distribution of (a) the powers of the municipalities, the provinces and the islands, the right to intervene in all matters directly affecting the circle of their interests, giving them the powers to take into account the characteristics of the the public activity in question and the management capacity of the local authority, in accordance with the with the principles of decentralisation and the maximum proximity of administrative management to citizens.

2. The basic laws of the State provided for in the Constitution shall determine the powers conferred on them by themselves or which, in any event, must correspond to the local Entes in the matters they regulate.

Article 3.

1. They are local territorial entities:

a) The Municipality.

b) The Province.

c) The island in the archipelagos balear and canary.

2. They also enjoy the status of Local Entities:

(a) The entities of territorial scope inferior to the municipal, instituted or recognized by the Autonomous Communities, according to Article 45 of this Law.

b) The districts or other entities that group several Municipalities, established by the Autonomous Communities in accordance with this Law and the corresponding Statutes of Autonomy.

c) The Metropolitan Areas.

d) The Mancommunities of Municipalities.

Article 4.

1. In their capacity as public administrations of a territorial nature, and within the sphere of their competences, they correspond in any case to the Municipalities, the Provinces and the Islands:

a) Regulatory and self-organization powers.

b) The tax and financial powers.

c) The power of scheduling or scheduling.

d) The expropriatory powers and the investigation, the disservice and the recovery of their goods.

e) The presumption of legitimacy and the enforceability of their actions.

f) The powers of enforcement and sanctioning.

g) The power to review their acts and agreements.

(h) the inessability of their property and rights in the terms provided for in the laws; the prelations and preferences and other prerogatives recognized to the Public Finance for the credits of the same, without prejudice to correspond to the State and the Autonomous Communities.

2. The provisions of the preceding number may apply to the territorial entities of a lower level than the municipal and, likewise, to the Comarcas, the Metropolitan Areas and other local entities, with the laws of the Autonomous Communities to specify which of the powers will be applicable.

Article 5.

Local Entities are governed in the first term by this Law and in addition:

A) In terms of your organizational and functioning organ system:

By the laws of the Autonomous Communities on local regime and by the organic regulation of each Entity in the terms provided for in this Law.

B) Regarding the substantive regime of functions and services:

(a) By the law of the State and that of the Autonomous Communities, according to the constitutional distribution of powers.

b) By the Ordinances of each Entity.

C) Regarding the statutory regime of its civil servants, administrative procedure, contracts, concessions and other forms of provision of public services, expropriation and patrimonial liability:

(a) By the law of the State and, where applicable, that of the Autonomous Communities, in the terms of Article 149.1.18. of the Constitution.

b) By the Ordinances of each Entity.

D) Regarding the regime of your goods:

(a) By the basic legislation of the State that develops Article 132 of the Constitution.

b) By the legislation of the Autonomous Communities.

c) By the ordinances of each Entity.

E) As for local Haciendas:

(a) By the general tax legislation of the State and the regulator of the local entities ' Haciendas, of which the General Budget Law will be supplementary.

(b) By the laws of the Autonomous Communities in the framework and in accordance with the legislation referred to in the previous paragraph.

c) By means of the Tax Ordinance which gives the corresponding local Entity, as provided for in this Law and in the laws referred to in paragraphs (a) and (b).

Article 6.

1. The local authorities serve objectively the public interests entrusted to them and act in accordance with the principles of effectiveness, decentralization, deconcentration and coordination, with full submission to the law and to the law.

2. The Courts exercise control of the legality of the agreements and acts of the local entities.

Article 7.

1. The competencies of the local entities are either own or attributed by delegation.

The powers of the municipalities, the provinces, the islands and other local territorial entities may be determined by law only.

2. Their own powers are exercised in a self-government and under their own responsibility, always taking due account of the proper coordination in their programming and implementation with the other public administrations.

3. The powers conferred are exercised in the terms of the delegation, which may provide for techniques of direction and control of opportunity which, in any case, will have to respect the power of self-organization of the services of the local entity.

Article 8.

Without prejudice to the provisions of the previous article, the Provinces and the Islands may perform the ordinary management of the own services of the Autonomous Administration, in accordance with the Statutes of Autonomy and the Law of the Autonomous Communities.

Article 9.

The rules for the development of this Law that affect the Municipalities, Provinces, Islands or other local territorial entities may not limit their scope to one or more of those Entities with singular character, without prejudice to the provisions of this Law for special municipal or provincial schemes.

Article 10.

1. The Local Government and the other public administrations shall adjust their mutual relations to the duties of mutual information, coordination and respect for the respective fields of competence.

2. Coordination of the powers of the local authorities will be carried out with each other and, in particular, with those of the other public administrations, where local activities or services are beyond the interest of the relevant authorities. Entities, incidentally, or subject to the conditions of those administrations, or are concurrent or complementary to those of the Administrations.

3. The coordination functions shall in no case affect the autonomy of the local authorities.

TITLE II

The municipality

Article 11.

1. The Municipality is the basic local entity of the territorial organization of the State. It has legal personality and full capacity to fulfill its aims.

2. The territory, the population and the organization are elements of the municipality.

CHAPTER 1

Territories and population

Article 12.

1. The municipal term is the territory in which the City Council exercises its powers.

2. All residents constitute the population of the municipality.

Article 13.

1. The creation or removal of municipalities, as well as the alteration of municipal terms, will be regulated by the legislation of the Autonomous Communities on local government. They shall in any event require hearing from the Municipalities concerned and the opinion of the Council of State or the higher advisory body of the Governing Councils of the Autonomous Communities, if any. At the same time the request for this opinion will be given to the State Administration.

2. The creation of new municipalities can only be carried out on the basis of territorially differentiated population centres and provided that the resulting municipalities have sufficient resources to comply with municipal and regional powers. do not reduce the quality of the services that were being provided.

3. Without prejudice to the powers of the Autonomous Communities, the State may, on the basis of geographical, social, economic and cultural criteria, lay down measures to promote the merger of municipalities in order to improve capacity for the management of local public affairs.

Article 14.

1. The changes in the name of the Municipalities shall be official only when, after having been recorded in a Register created by the State Administration for the registration of all the Entities referred to in this Law, they shall be published in the "Official State Gazette".

2. The name of the Municipalities may be, for all purposes, in Spanish, in any other official Spanish language in the respective Autonomous Community, or both.

Article 15.

1. All Spanish or foreign nationals living in Spanish territory must be registered in the municipality in which they habitually reside.

Who lives in several Municipalities must be enrolled in the one in which he will live for more time per year.

To be able to obtain discharge in the Register of a Municipality it will be necessary to present the certificate of discharge in the Register of the Municipality in which it would have been previously resided.

2. The Spaniards who, in fact, are living in a municipality other than that of their habitual residence, will be able to register in him as passers-by. In this case it is not necessary to complete the provisions of the third paragraph of the previous number.

Article 16.

1. The resident status is acquired at the time of registration in the Padron. Residents are classified as neighbours and domiciled.

2. The elderly Spaniards who habitually reside in the municipal term are neighbors and are registered with such a character in the Padron.

3. The Spanish minors and the foreign nationals habitually resident in the municipality are domiciled and as such are registered in the Municipal Register.

4. For electoral purposes, Spaniards residing abroad shall be considered as neighbours or domiciled in the Municipality in whose Padron they shall be registered.

Article 17.

1. The relationship of residents and passersby in the municipal term constitutes the Municipal Register, which is of a public and authentic nature for all administrative purposes, and in which it must be stated, in respect of all residents, the precise personal data for the public legal relations, including those which the State or the Autonomous Communities request to the Councils in the exercise of the functions of coordination correspond. In any case, respect for the fundamental rights recognized in the Constitution is guaranteed.

2. The training, maintenance and rectification of the Padron corresponds to the City Council, which will carry out its renovation every five years and its annual rectification, in accordance with what is established by the legislation of the State.

3. The Councils shall draw up a special register of Spaniards residing abroad in coordination with the governments of the State and the Autonomous Communities.

Article 18.

1. They are rights and duties of neighbors:

a) Being elector and eligible in accordance with the provisions of the electoral legislation.

b) Participate in the municipal administration in accordance with the provisions of the laws and, where appropriate, when the collaboration with a voluntary nature of the neighbors is interested in the organs of government and municipal administration.

c) Use, in accordance with its nature, municipal public services, and access communal advantage, in accordance with applicable rules.

d) Contribute by means of the legal and personal benefits legally provided for the implementation of the municipal powers.

e) To be informed, upon reasoned request, and to direct requests to the municipal administration in relation to all the files and municipal documentation, in accordance with the provisions of Article 105 of the Constitution.

f) Order the popular consultation in the terms provided for in the Law.

(g) Require the provision and, where appropriate, the establishment of the relevant public service, in the event of a mandatory municipal competence.

h) Those other rights and duties established in the Laws.

2. Foreign nationals who are older have the rights and duties of the neighbours, except those of a political nature. However, they shall have the right to vote in accordance with the terms of the general election law applicable to local elections.

CHAPTER II

Organization

Article 19.

1. The Government and the municipal administration, except in those municipalities that are legally operating under the open council system, belong to the City Council, which is made up of the Mayor and the Councilors.

2. The councilors are elected by universal, equal, free, direct and secret suffrage, and the mayor is elected by the councilors or by the neighbors; all in the terms established by the general electoral legislation.

Article 20.

1. The municipal organization responds to the following rules:

(a) The Mayor, the Mayor's Lieutenants and the plenary are all in the city.

(b) The Government Commission exists in all the municipalities with a population of more than 5,000 inhabitants, and in those of the least, when the organic regulation so provides, or as the plenary session of its City Council agrees.

c) The rest of the organs, complementary to the previous ones, are established and regulated by the Municipalities themselves in their organic regulations, without any other limit than the respect to the organization determined by this Law.

2. Without prejudice to rule c) of the preceding number, the laws of the Autonomous Communities on local arrangements may establish a municipal organization complementary to that provided for in this legal text, which shall govern each municipality in all that your organic regulation does not have the opposite.

3. All the political groups belonging to the Corporation will have the right to participate, through the presence of Councilors belonging to them, in the complementary organs of the City Council that have the study, report or consultation of the cases to be submitted to the decision of the plenary session.

Article 21.

1. The Mayor is the President of the Corporation and holds, in any case, the following attributions:

a) Direct government and municipal administration.

b) Represent the City Council.

(c) Call and chair the sessions of the plenary session, except for the assumptions provided for in this Law and in the general electoral legislation, the Government Commission and any other municipal bodies.

d) To direct, inspect and promote municipal services and works.

e) Dictate sides.

f) Dispose expenses, within the limits of their competence; order payments and render accounts.

g) Play the top leadership of all Corporation staff.

(h) Exercise the leadership of the Municipal Police, as well as the appointment and punishment of the officials who use weapons.

i) Exercise judicial and administrative actions in case of urgency.

(j) Adopt personally, and under their responsibility, in the event of a public catastrophe or misfortunes or serious risk thereof, the necessary and appropriate measures, giving immediate account to the plenary.

k) Sanctioning the faults of disobedience to their authority or for violation of the municipal ordinances, except in cases where such power is attributed to other organs.

l) Contreat works and services provided that the amount of the works and services does not exceed 5 per 100 of the ordinary resources of the budget or 50 per 100 of the general limit applicable to direct procurement, in accordance with the procedure legally set.

ll) Grant licenses when the Ordinance so provides.

m) The others expressly attribute the Laws and those that the legislation of the State or Autonomous Communities assign to the Municipality and do not attribute to other municipal bodies.

2. It is also up to the Mayor to appoint the Mayor's lieutenants.

3. The Mayor may delegate the exercise of his or her powers, except those of convening and chairing the sessions of the Plenary Session and of the Government Committee, and those listed in paragraphs (a), (e), (g), (i) and (j) of this Article.

Article 22.

1. The plenary session, composed of all the councilors, is presided over by the mayor.

2. In any case, the following powers are in full:

(a) The control and control of the governing bodies.

(b) Agreements concerning participation in supra-municipal organizations; alteration of the term of the municipal government; creation or deletion of municipalities and entities referred to in Article 45; establishment of bodies (c) disconcentrated; alteration of the capital of the Municipality and the change of its name or of those Entities and the adoption or modification of its flag, teaches or shield.

(c) The approval of plans and other management and management instruments provided for in urban legislation.

d) The approval of the Organic Regulation and the Ordinance.

(e) The determination of the own resources of a tax nature; the approval and modification of the budgets; the provision of expenditure in the matters of its competence and the approval of the accounts.

f) The approval of the forms of management of the services and the cases of the municipality.

g) The acceptance of the delegation of powers by other public administrations.

h) The approach of conflicts of competence to other local entities and other public administrations.

(i) the approval of the establishment plan, the employment relationship, the basis of the tests for the selection of staff and for the competitions for the provision of jobs, the fixing of the amount of the additional remuneration of the officials and the number and arrangements of the staff, all in the terms of Title VII of this Law, as well as the separation from the service of the officials of the Corporation, except as provided for in the Article 99, number 4, of this Law, and the ratification of the dismissal of the workforce.

j) The exercise of administrative and judicial actions.

k) The alteration of the legal status of public domain goods.

l) The alienation of heritage.

(ll) Those others who must be in the plenary for requiring their approval by a special majority.

m) Other than expressly confide to you the Laws.

3. The vote on the motion of censure on the Mayor, which is governed by the provisions of the general electoral legislation, also belongs to the plenary.

Article 23.

1. The Government Committee is integrated by the Mayor and a number of Councilors not exceeding one third of the legal number of the same, appointed and freely separated by that number, giving the account to the plenary.

2. Corresponds to the Government Commission:

(a) Assistance to the Mayor in the exercise of his or her duties.

(b) The privileges that the Mayor or other municipal authority delegates to or ascribes to them the Laws. The privileges reserved for the plenary in numbers 2 (a), (b), (c), (d), (e), (f), (g), (h), (i), (k) and (ll) and (3) of the previous Article are not delegated.

3. The Mayor's Office shall replace, in the order of his appointment and in the cases of vacancy, absence or illness, the Mayor, being freely appointed and revoked by him from among the members of the Government Commission and, where the latter does not exist, Among the Councilors.

4. The Mayor may delegate the exercise of certain powers to the members of the Government Committee and, where the latter does not exist, in the Mayor's Office, without prejudice to the special delegations which, for specific tasks, may to do so in favour of any councillors, even if they did not belong to the Commission.

Article 24.

order to facilitate citizen participation in the management of local affairs and to improve this, the Municipalities will be able to establish territorial organs of management that are concentrated, with the organization, functions and competences that each City Hall confesses them, taking into account the characteristics of the settlement of the population in the municipal term, without prejudice to the unity of government and management of the municipality.

CHAPTER III

Competencies

Article 25.

1. The Municipality, for the management of its interests and in the field of its competences, can promote all kinds of activities and provide how many public services contribute to meet the needs and aspirations of the neighborhood community.

2. The Municipality shall, in any event, exercise powers in the terms of the legislation of the State and the Autonomous Communities in the following

:

a) Security in public places.

b) Ordination of traffic in vehicles and people in urban roads.

c) Civil protection, fire prevention and extinction.

d) Ordination, management, implementation and urban discipline; housing promotion and management; parks and gardens; paving of urban public roads; and conservation of roads and rural roads.

e) Historical-artistic heritage.

f) Environmental protection.

g) Abastos, slaughterhouses, fairs, markets and consumer and consumer protection.

h) Protection of public health.

i) Participation in the management of primary health care.

j) Cemeteries and funeral services.

k) Provision of social services and promotion and social reintegration.

l) Water supply and public lighting; road cleaning services, waste collection and treatment, sewerage and wastewater treatment.

ll) Public passenger transport.

m) Activities or cultural and sports facilities; occupation of free time; tourism.

n) Participate in the programming of teaching and cooperate with the educational administration in the creation, construction and maintenance of the Public Teaching Centers, intervene in its management bodies and participate in the monitoring of compliance with compulsory education.

3. Only the law determines the municipal powers in the matters set out in this article, in accordance with the principles laid down in Article 2.

Article 26.

1. The municipalities themselves or partners shall, in any event, provide the following services:

a) In all Municipalities:

Public lighting, cemetery, waste collection, road cleaning, drinking water supply, sewer, access to population centers, paving of the public roads and food control drinks.

b) In the municipalities with population of more than 5,000 inhabitants, in addition:

Public park, public library, market and waste treatment.

c) In the municipalities with population of more than 20,000 inhabitants, in addition:

Civil protection, provision of social services, fire prevention and extinction, public-use sports facilities, and abattoir.

d) In the municipalities with a population of more than 50,000 inhabitants, in addition:

Urban urban passenger transport and environmental protection.

2. The municipalities may request from the Autonomous Community the exemption from the obligation to provide the minimum services corresponding to them in accordance with the provisions of the preceding number when, due to their peculiar characteristics, it is The establishment and provision of such services by the City Council itself is impossible or very difficult.

3. The assistance of the Diputations to the Municipalities, provided for in Article 36, will preferably be directed to the establishment and adequate provision of the minimum public services, as well as the guarantee of the performance in the municipal corporations of the public functions referred to in Article 92 (3) of this Law.

Article 27.

1. The Administration of the State, the Autonomous Communities and other local authorities may delegate to the municipalities the exercise of powers in matters affecting their own interests, provided that the effectiveness of the management is improved public and more citizen participation is reached. The provision or the delegation agreement must determine the scope, content, conditions and duration of the delegation, as well as the control reserved by the delegating authority and the personal, material and economic means it transfers.

2. In any event, the delegating authority may, in order to direct and control the exercise of the delegated services, issue general technical instructions and obtain, at any time, information on the municipal administration, as well as to send commissioners and formulate the relevant requirements for the healing of the deficiencies observed. In the event of non-compliance with the guidelines, refusal of the requested information or failure to comply with the requirements set out, the delegating authority may revoke the delegation or execute the delegated competence in itself. replacement of the municipality. The acts of the latter may be appealed to the competent bodies of the delegating authority.

3. The effectiveness of the delegation shall require its acceptance by the Municipality concerned, and, where appropriate, the prior consultation and report of the Autonomous Community, unless it is mandatory by law, in which case it shall necessarily be accompanied by of the allocation or increase of the economic means to perform them.

4. Delegated powers are exercised in accordance with the law of the State or the corresponding Autonomous Communities or, where appropriate, the rules adopted by the local delegating authority.

Article 28.

The municipalities may carry out activities complementary to the own of other public administrations and, in particular, those relating to education, culture, the promotion of women, housing, health and protection. of the environment.

CHAPTER IV

Special Regimes

Article 29.

1. They work in Open City Council:

a) The Municipalities with less than 100 inhabitants and those who traditionally have this singular regime of government and administration.

b) Those others where their geographical location, the best management of municipal interests or other circumstances make it advisable.

2. The Constitution of the Municipalities referred to in paragraph (b) of the previous number requires a request from the majority of the neighbors, a favorable decision by a majority of two thirds of the members of the City Council and approval by the Autonomous Community.

3. In the regime of the open council, the government and the municipal administration correspond to a mayor and a neighborhood assembly of which all the voters are part. They adjust their operation to local uses, customs and traditions and, failing that, to the provisions of this Law and the Laws of the Autonomous Communities on local conditions.

Article 30.

The laws on local government of the Autonomous Communities, within the framework of this Law, will be able to establish special regimes for small or rural municipalities and for those who have other characteristics. make it advisable, as its historical-artistic character or the predominance in its term of tourism, industrial, mining or other similar activities.

TITLE III

The Province

Article 31.

1. The Province is a local entity determined by the group of Municipalities, with its own legal personality and full capacity to fulfill its aims.

2. It is the province's own and specific aims to ensure the principles of solidarity and inter-municipal balance, in the framework of economic and social policy, and in particular:

(a) Ensure the integral and adequate provision of the entire provincial territory of the municipal competition services.

b) Participate in the coordination of the local administration with that of the Autonomous Community and the State.

3. The government and the autonomous administration of the Province correspond to the Diputación or other corporations of a representative character.

CHAPTER FIRST

Organization

Article 32.

The provincial organization responds to the following rules:

1. The President, the Vice-Presidents, the Committee of Government and the plenary are all in the House.

2. The rest of the bodies, complementary to the previous ones, are established and regulated by the Diputaciones themselves without any other limit than the respect to the organization determined by this Law. However, the laws of the Autonomous Communities on local rules may establish a provincial organization complementary to that provided for in this legal text, which shall govern each Province in all that it does not have the opposite. exercise of your self-organization power.

3. All the political groups belonging to the Corporation will have the right to participate, through the presence of Members belonging to them, in the complementary organs of the Provincial Council that have the study, report or consultation of the cases to be submitted to the decision of the plenary session.

Article 33.

1. The plenary session of the Diputación is constituted by the president and the deputies.

2. It is in any case in plenary:

a) The organization of the Diputación.

b) The approval of the Ordinance.

c) The approval and modification of the budgets, the provision of expenses within the limits of their competence and the provisional approval of the accounts.

d) The approval of the provincial plans.

e) The control and control of the management of the governing bodies.

(f) The approval of the establishment plan, the employment relationship, the basis of the tests for the selection of staff and for the competitions for the provision of jobs, the fixing of the amount of the additional remuneration of the officials and the number and arrangements of the staff, all in the terms of Title VII of this Law, as well as the separation from the service of the officials of the Corporation, except as provided for in the Article 99, number 4, of this Law, and the ratification of the dismissal of the employment staff.

g) The alteration of the legal status of public domain goods.

h) The disposal of the estate.

i) The approach of conflicts of competence to other local entities and other public administrations.

j) The exercise of judicial and administrative actions.

(k) Those powers to be taken by the plenary for requiring a special majority to be adopted.

l) Other than expressly attribute the laws.

3. The vote on the motion of censure on the President, which is governed by the provisions of the general electoral legislation, also belongs to the plenary.

Article 34.

1. It is in any case the President of the Diputación:

a) To direct the government and the administration of the Province.

b) Represent the Diputación.

c) Call and chair the plenary sessions, the Government Commission and any other board of the Diputación.

d) To direct, inspect and promote the services and works whose ownership or exercise corresponds to the Provincial Council.

e) Ensure the management of the own services of the Autonomous Community whose ordinary management is entrusted to the Diputación.

f) Dispose expenses, within the limits of their competence, order payments and render accounts.

g) The top leadership of the Corporation's staff.

h) Exercise judicial and administrative actions in case of urgency.

i) Contreat works and services provided that the amount of the works and services does not exceed 5 per 100 of the ordinary resources of its budget or 50 per 100 of the general limit applicable to direct procurement, in accordance with the procedure legally set.

j) Order the publication and execution and enforce the Diputación's agreements.

k) The others expressly attribute the Laws to you.

l) The exercise of those other powers that the legislation of the State or the Autonomous Communities assign to the Diputación and are not expressly attributed to other bodies.

2. The President may delegate the exercise of his or her powers, except to convene and preside at the sessions of the plenary session and of the Governing Commission and those listed in paragraphs (a), (g) and (h) of the preceding number.

3. The President shall also appoint the Vice-Presidents.

Article 35.

1. The Committee of Government is composed of the President and a number of Members not more than one third of the legal number of Members, appointed and freely separated by that number, giving the full account to the plenary.

2. Corresponds to the Government Commission:

(a) The presence of the President in the exercise of his powers.

(b) The privileges that the President or other provincial body delegates to or ascribes to the Laws. The privileges reserved for the plenary in numbers 2 (a), (b), (c), (d), (e), (f), (g) and (k) and Article 33 (3) are not delegated.

3. The President may delegate the exercise of certain powers to the members of the Governing Commission, without prejudice to special delegations which may be made by specific tasks in favour of any Members, although not They belonged to the Commission.

4. The Vice-Presidents shall, on the order of their appointment and in the cases of vacancy, absence or sickness, replace the President, being freely appointed by him among the members of the Government Committee.

CHAPTER II

Competencies

Article 36.

1. It is the responsibility of the Diputación that they attribute to them, in this concept, the Laws of the State and the Autonomous Communities in the different sectors of public action and, in any case:

(a) The coordination of municipal services to each other for the guarantee of the comprehensive and adequate provision referred to in Article 31 (2) (a).

b) Legal, economic and technical assistance and cooperation to the municipalities, especially those of lower economic and managerial capacity.

c) The provision of public services of a supramunicial character and, where appropriate, supracharcal.

d) In general, the promotion and administration of the peculiar interests of the Province.

2. For the purposes of points (a) and (b) of the preceding number, the Diputación:

a) Approves annually a provincial plan of cooperation to the works and services of municipal competence, in whose elaboration the Municipalities of the Province must participate. The Plan, which must contain a justification for its objectives and the criteria for the distribution of funds, may be financed by means of the Diputación, the municipal contributions and the grants to be agreed by the Community. Autonomous and the State in charge of their respective budgets. Without prejudice to the competences recognized in the Statutes of Autonomy and those previously assumed and ratified by them, the Autonomous Community ensures in its territory the coordination of the various provincial plans in accordance with the provided for in Article 59 of this Law.

The State and the Autonomous Community, where appropriate, may subject their subsidies to certain criteria and conditions in their use or employment.

(b) Secure the access of the population of the Province to all the minimum services of municipal competence and the greatest effectiveness and economicity in the provision of these services through any formulas for assistance and cooperation with the Municipalities.

Article 37.

1. The Autonomous Communities may delegate powers to the Diputations, as well as entrust them with the ordinary management of their own services in the terms provided for in the corresponding Statutes. In the latter case, the Diputations will act in full compliance with the general and particular instructions of the Communities.

2. The State may also, after consultation and report of the Autonomous Community concerned, delegate to the Diputations powers of mere enforcement where the provincial field is the most suitable for the provision of the corresponding services.

3. The exercise by the Diputations of the delegated powers shall be in accordance with the provisions of Article 27.

Article 38.

The forecasts established for the Diputación in this chapter and in the remainder of this Law will apply to those other Corporate Corporations that are representative of the government and the administration. autonomous province of the Province.

CHAPTER III

Special Regimes

Article 39.

The foral organs of Alava, Guipúzcoa and Vizcaya retain their peculiar regime under the Autonomy Statute of the Autonomous Community of the Basque Country. However, the provisions of this Law shall apply to them in an additional manner.

Article 40.

The Autonomous Communities of the Autonomous Community and the Foral of Navarra assume the competences, means and resources that correspond to the Provincial Diputations in the ordinary regime. The Autonomous Community of the Balearic Islands is excepted in the terms of its own Statute.

Article 41.

1. The Cabildos, as the governing body, administration and representation of each island, are governed by the rules of this Law that regulate the organization and functioning of the Provincial Diputations, assuming the powers of these, without prejudice to These are the ones that correspond to their specific legislation.

2. In the Canary Islands, the provinces of Interisland provinces remain exclusively as organs of representation and expression of provincial interests. These organs are made up of the Presidents of the Island Cabildos of the corresponding Provinces, presiding over them of the Cabildo of the Island in which the capital of the Province is located.

3. The Island Councils of the Balearic Islands, to which the rules of this Law that regulate the organization and operation of the Provincial Diputations are applicable, assume their powers according to the provisions of this Law and those that correspond in accordance with the Statute of Autonomy of the Balearic Islands.

TITLE IV

Other Local Entities

Article 42.

1. The Autonomous Communities, in accordance with the provisions of their respective Statutes, may establish in their territory the regions or other entities grouping several municipalities, the characteristics of which determine common interests specified in a management or demand the provision of services in that area.

2. The initiative for the creation of a region can be based on the own municipalities concerned. In any event, the region cannot be established if the two fifths of the municipalities which should be grouped in it are expressly opposed, provided that, in this case, such unicipios represent at least half of the electoral census of the territory. When the region has to group municipalities from more than one province, it will be necessary to report in favor of the Provincial Diputations to whose territorial scope they belong such Municipalities.

3. The laws of the Autonomous Communities shall determine the territorial scope of the districts, the composition and the functioning of their governing bodies, which shall be representative of the Councils that group together, as well as the powers and resources of the which, in any case, are assigned to them.

4. The creation of the Comarcas may not result in the loss by the municipalities of the competition to provide the services listed in Article 26, nor to deprive them of any intervention in each of the matters listed in paragraph 2 of the Article 25.

Article 43.

1. The Autonomous Communities, after hearing the Administration of the State and the affected Councils and Diputations, may create, modify and delete, by law, metropolitan areas, in accordance with the provisions of their respective Statutes.

2. The metropolitan areas are local entities integrated by the municipalities of large urban agglomerations between whose population centres there are economic and social links that make necessary the joint planning and coordination of certain services and works.

3. The legislation of the Autonomous Community will determine the governing and administration bodies, in which all the municipalities integrated in the area will be represented; the economic and operating system, which will guarantee the participation of all Municipalities in decision-making and a fair distribution of charges between them; as well as services and works of delivery or metropolitan performance and the procedure for its execution.

Article 44.

1. The Municipalities are recognized as the right to partner with others in Mancomunidades for the common execution of works and services determined by their competence.

2. The Commonwealth has a personality and legal capacity for the fulfillment of its specific purposes and is governed by its own Statutes. The Statutes must regulate the territorial scope of the Entity, its object and competence, governing bodies and resources, the duration of the duration and how many other ends are necessary for its operation.

In any case, the governing bodies will be representative of the Joint Councils.

3. The procedure for the approval of the Statutes of the Commonwealth shall be determined by the legislation of the Autonomous Communities and shall, in any case, be adjusted to the following rules:

(a) The elaboration will be carried out by the councilors of the entire Municipal Council of Municipalities, made up of the Assembly.

b) The Provincial Diputación or Provincial Diputations shall issue a report on the draft Statute.

c) The Plenes of all the Aycestas approve the Statutes.

4. A similar procedure will be followed for the modification or deletion of Mancommunities.

Article 45.

1. The laws of the Autonomous Communities on local government shall regulate the entities of territorial scope lower than the Municipality, for the decentralized administration of separate population nuclei, under their traditional name of hamlets, parishes, villages, neighborhoods, antlers, councils, pedanias, ancient sites and other analogs, or those establishing the Laws.

2. In any case the following rules will be respected:

(a) The initiative shall be the same as for the population concerned or the Town Hall concerned. The latter must be heard in any case.

(b) The entity shall have a single executive body of direct election and a colegated control body, the number of members of which may not be less than two or more than one third of the number of councillors who are members of the institution. respective Town Hall.

The designation of the members of the collegiate body shall be made in accordance with the results of the elections for the Town Hall in the Constitutive Section or Sections of the constituency for the election of the single-member body.

However, the Open Council regime may be established for the Entities in which the characteristics provided for in Article 29 (1) are met.

(c) Agreements on the disposal of goods, credit operations and forced expropriation must be ratified by the City Council.

TITLE V

Common Provisions for Local Entities

CHAPTER FIRST

Operating system

Article 46.

1. The collective bodies of the local authorities operate under regular and extraordinary sessions of periodicity, which may be, moreover, urgent.

2. In any case, the operation of the Local Corporations ' Plenary is in line with the following rules:

(a) The Plenary Session holds an ordinary session at least every three months and extraordinary, when so decided by the President or requested by the fourth party, at least, by the legal number of the members of the Corporation. In the latter case, the conclusion of the case may not be delayed for more than two months after it has been requested.

(b) The plenary sessions must be convened at least two working days in advance, except for the extraordinary ones that have been urgent, the convocation of which must be ratified by the plenary. The full documentation of the cases on the agenda, which must serve as a basis for the debate and, where appropriate, a vote, must be made available to the Councilors or Members, from the same day of the convocation, at the Secretariat of the Corporation.

c) The plenary session is validly constituted with the assistance of one third of the legal number of members, which may never be less than three. This quorum shall be maintained throughout the session.

In any case, the assistance of the President and the Secretary of the Corporation or those who legally replace them is required.

(d) The adoption of agreements is produced by ordinary vote, unless the plenary itself agrees, for a specific case, for a roll-call vote. The vote can be made in an affirmative or negative sense, with the members of the Corporations being able to abstain from voting.

The absence of one or several Councilors or Deputies, once the deliberation of a matter has been initiated, is equivalent to the abstention rate for the purposes of the corresponding vote.

In the case of a tie vote, a new vote will take place, and if the tie persists, the president's vote of quality will be decided.

Article 47.

1. The agreements of the local Corporations are adopted, as a general rule, by a simple majority of the members present. There is a simple majority when affirmative votes are more than negative.

2. A favorable vote of two-thirds of the number in fact is required and, in any case, of the absolute majority of the legal number of members of the Corporations for the adoption of agreements in the following matters:

a) Creation and suppression of Municipalities and alteration of municipal terms.

b) Creation, modification and deletion of the Entities referred to in Article 45 of this Law.

c) Approval of the delimitation of the municipal term.

d) Alteration of the name and the capital of the Municipality.

3. It is necessary to vote in favour of the absolute majority of the legal number of members of the Corporation for the adoption of agreements in the following matters:

a) Approval and modification of the Corporation's own organic regulation.

b) Creation, modification or dissolution of Mancommunities or other associative organizations, as well as approval and modification of its Statutes.

c) Transfer of functions or activities to other public administrations.

d) Cession, for any title, of the use of communal goods.

e) transfer of goods or services for more than five years, provided that their amount exceeds 10 per 100 of the ordinary resources of the budget.

f) Municipalities or provincialization of activities under the monopoly and approval of the specific form of management of the service concerned.

g) Financial or credit operations approvals and grants of quitas or waits, when their amount exceeds 5 per 100 of the ordinary resources of their budget.

(h) Imposition and management of own resources of a tax nature.

i) Planning and planning instruments.

j) Separation of the service of Corporation officials and ratification of disciplinary dismissal of labor personnel.

k) Disposal of goods, where the amount exceeds 10 per 100 of the ordinary resources of your budget.

l) Alteration of the legal status of demanial or communal goods.

ll) Free transfer of goods to other administrations or public institutions.

m) The remaining ones determined by the Law.

Article 48.

In the cases in which the opinion of the State Council is required, the corresponding request shall be made through the President of the Autonomous Community and through the Ministry of Territorial Administration.

Article 49.

The approval of the local ordinances will be adjusted to the following procedure:

a) Initial approval by the plenary.

(b) Public information and hearing to those concerned for the minimum period of 30 days for the submission of complaints and suggestions.

c) Resolution of all complaints and suggestions submitted within the deadline and final approval by the plenary.

Article 50.

1. The attributions conflicts that arise between organs and Dependent Entities of the same Local Corporation will be resolved:

(a) By the plenary session, in the case of conflicts affecting collegiate bodies, members of such bodies or local entities as provided for in Article 45.

b) By the Mayor or Chairman of the Corporation, in the rest of the cases.

2. Conflicts of jurisdiction between different local authorities shall be resolved by the Administration of the Autonomous Community or by the State Administration, after hearing the Autonomous Communities concerned, in the case of entities belonging to the same or different Community, and without prejudice to the subsequent possibility of challenging the judgment given to the Legal-Administrative Jurisdiction.

Article 51.

The acts of the local entities are immediately executive, except in those cases where a legal provision establishes the opposite or when its effectiveness is suspended according to the law.

Article 52.

1. Against the acts and agreements of the local authorities which put an end to the administrative route, the persons concerned may, upon request of replacement, in the cases in which they proceed, exercise the actions before the competent jurisdiction.

2. Put an end to the administrative path of the resolutions of the following bodies and authorities:

(a) The plenary session, the Mayors or the Presidents and the Government Commissions, except in exceptional cases where a Sectoral Law requires the subsequent approval of the Administration of the State or the Autonomous Community, or when where appropriate, in the cases referred to in Article 27.2.

(b) The lower authorities and bodies in cases that resolve by delegation of the Mayor, the President or other body whose resolutions end the administrative route.

(c) Any other authority or organ when it is established by a legal provision.

Article 53.

Without prejudice to the specific provisions contained in Articles 65, 67 and 110 of this Law, local Corporations may review their acts and agreements in the terms and with the scope that, for the State Administration, is laid down in the legislation of the regulatory State of the common administrative procedure.

Article 54.

The local authorities shall directly respond to the damages caused to individuals in their property and rights as a result of the operation of public services or the performance of their authorities, officials or agents, in accordance with the terms laid down in the general legislation on administrative responsibility.

CHAPTER II

Interadministrative relationships

Article 55.

For the effectiveness of administrative coordination and efficiency, the Administrations of the State and the Autonomous Communities, on the one hand, and the local entities, on the other, shall have in their reciprocal relations:

(a) To respect the legitimate exercise by the other administrations of their powers and the consequences of the exercise of their powers.

b) to put in place, in the performance of its own powers, the totality of the public interests involved and, in particular, those whose management is entrusted to the other administrations.

c) To provide other administrations with information on their own management that is relevant to the proper development of their tasks.

d) To provide, in its own field, the active cooperation and assistance that the other administrations could specify for the effective implementation of their tasks.

Article 56.

1. The local authorities have the duty to send to the Administrations of the State and the Autonomous Communities, within the time limits and form that will be determined, copy or, where appropriate, a comprehensive extract of the acts and agreements of the same. The Presidents and, immediately, the secretaries of the Corporations will be responsible for the fulfillment of this duty.

2. In any event, the administrations of the State and the Autonomous Communities shall have the power to verify the effectiveness, in their application and, respectively, of the State and regional legislation, in order to obtain and obtain information In the case of municipal activities, it may even request the display of files and the issuance of reports.

3. The State Administration and that of the Autonomous Communities shall facilitate the access of the legal representatives of the local entities to the instruments of planning, programming and management of works and services that affect them directly.

Article 57.

Economic, technical and administrative cooperation between the Local Government and the State and Autonomous Communities, both in local services and in matters of common interest, will be developed with voluntary character, in the form and in the terms laid down in the laws, and may, in any case, be carried out by means of the consortia or administrative conventions which they subscribe to.

Of each cooperation agreement formalized by one of these Administrations will be given to those other ones that, having been interested, have not intervened in the same one, for the purposes of maintaining a reciprocal and constant information.

Article 58.

1. The laws of the State or of the Autonomous Communities may create, for administrative coordination, organs of collaboration of the corresponding administrations with the local entities. These bodies, which will only be deliberative or consultative, may have regional or provincial scope and general or sectoral nature.

order to ensure the collaboration between the State Administration and the Local Administration in terms of investments and service delivery, the Government will be able to create in each Autonomous Community a Territorial Commission of Local Administration. The composition, organisation and operation of the Commission shall be established.

2. Both the State Administration and those of the Autonomous Communities may participate in the respective collaboration bodies established by each of them.

In any case, the administrations that have been assigned the formulation and approval of the planning instruments will have to give the remaining ones a participation that allows to harmonize the public interests affected.

Article 59.

1. In order to ensure the consistency of the action of the public authorities, in the cases provided for in Article 10 (2) and in the event that such an end cannot be achieved by the procedures referred to in the Articles (a) the laws of the State and those of the Autonomous Communities, which are governed by the laws of the State and the Autonomous Communities, may be manifestly inadequate on the grounds of the characteristics of the public task in question; attribute to the Government of the Nation, or to the Governing Council, the power to coordinate the activity of the Local administration and, in particular, the Provincial Diputations in the exercise of their powers.

Coordination shall be carried out by means of the specific definition and in relation to a particular subject, service or competence of the general or Community interests, through sectoral plans for the establishment of the objectives and the determination of the priorities of public action in the relevant field. In the case of processing, the provisions of Article 2 (2) of the previous Article shall be observed.

The local authorities shall exercise their powers of programming, planning or planning of the services or activities of their competence in the framework of the forecasts of the plans referred to in the preceding paragraph.

2. In any case, the law must specify, with sufficient detail, the conditions and limits of the coordination, as well as the modalities of control to be reserved for the General Courts or the corresponding Legislative Assemblies.

Article 60.

When a local entity fails to comply with the obligations directly imposed by the Law in such a way that such non-compliance will affect the exercise of powers of the State Administration or the Autonomous Community, and whose coverage It is legally or in the budget guaranteed, one or the other, according to its respective competence, must remind you of its compliance by granting the effect of the necessary period. If, on the expiry of that period, not less than one month, the non-compliance shall persist, the necessary measures shall be taken to comply with the obligation at the cost and in place of the local authority.

Article 61.

1. The Council of Ministers, on its own initiative and with knowledge of the Governing Council of the Autonomous Community or at its request and, in any event, after a favourable agreement of the Senate, may proceed, by means of Royal Decree, to the the dissolution of the organs of the Local Corporations in the event of serious damage to the general interests that would result in non-compliance with their constitutional obligations.

2. The general electoral legislation in relation to the call for partial elections and the provisional administration of the Corporation will be applicable to the dissolution.

Article 62.

In those cases where the nature of the activity in question makes it very difficult or inconvenient for a differentiated and distinct allocation of decision-making powers in the field to be made, the regulatory laws of public action in relationship with the same shall ensure, in any case, to the local Entities their participation or integration in actions or procedures jointly with the State Administration and/or the corresponding Autonomous Community, attributing to of the final decision.

In no case will these techniques affect the power of self-organization of the services that corresponds to the local entity.

CHAPTER III

Impeachment of acts and agreements and exercise of actions

Article 63.

1. Together with the persons entitled under the general regime of the litigation-administrative process, they may contest the acts and agreements of the local entities that are in violation of the legal order:

(a) The State Administration and that of the Autonomous Communities, in the cases and terms provided for in this Chapter.

b) The members of the corporations who have voted against such acts and agreements.

2. In any event, the local territorial authorities are also entitled to challenge the provisions and acts of the State and the Autonomous Communities which damage their autonomy, as it is guaranteed by the Constitution and this Law.

3. Likewise, local territorial entities shall be entitled to promote, in the terms of Article 119 of this Law, the challenge to the Constitutional Court of laws of the State or the Autonomous Communities when they are deemed to be These are those that damage constitutionally guaranteed autonomy.

Article 64.

The State Administration and that of the Autonomous Communities may request the extension of the information referred to in Article 56, number 1, to be submitted within the maximum period of 20 working days. In such cases, the time limit referred to in the following Article 2 is interrupted.

Article 65.

1. Where the Administration of the State or the Autonomous Communities considers, in the field of their respective powers, that an act or agreement of a local authority infringes the legal order, it may require it, expressly invoking the Article, to annul that act or agreement.

2. The requirement must be reasoned and express the rules which are deemed to be infringed. It shall be drawn up within 15 working days of receipt of the communication of the agreement.

3. The Administration of the State or, where appropriate, that of the Autonomous Community, may contest the act or agreement before the judicial-administrative jurisdiction either directly, after the communication of the measure has been received, or after the expiry of the period indicated in the request addressed to the Local Entity, if the option was chosen to make use of the possibility contemplated in the previous two numbers.

Article 66.

The acts or agreements of the local entities that undermine the competences of the State or the Autonomous Communities, interfere with their exercise or exceed the jurisdiction of those Entities, may be directly challenged, without the need for a prior request, before the administrative-administrative jurisdiction, by the State Administration or the relevant Community within the time limit referred to in Article 2 (2) of the previous Article.

The challenge must specify the injury or, where appropriate, the competence of the person who motivates it and the legal norms that have been violated. In the event that, in addition, it contains an express request for suspension of the contested act or agreement, reasoned in the integrity and effectiveness of the general or Community interest concerned, the Court, if it considers it to be founded, shall agree to that suspension in the the first procedure following the presentation of the challenge. However, at the request of the local authority and hearing the defendant administration, it may at any time, in whole or in part, raise the suspended suspension, in the event that it has caused injury to the local interest not justified by the the requirements of the general or Community interest made in the contested decision.

Article 67.

If a local entity adopts acts or agreements that seriously threaten the general interest of Spain, the Government Delegate, upon request to the President of the Corporation and in the case of not being treated, will be able to suspend them and take the measures relevant to the protection of that interest, and they must be challenged within 10 days of the suspension before the administrative-administrative jurisdiction.

Article 68.

1. Local Entities have an obligation to exercise the necessary actions to defend their property and rights.

2. Any neighbour who is in full enjoyment of his civil and political rights may require his exercise to the Entity concerned. This requirement, which shall be made known to those who may be affected by the corresponding actions, shall suspend the period for the exercise of the measures for a period of 30 working days.

3. If within the period of those thirty days the entity does not agree to the exercise of the requested actions, the neighbours may exercise such action in the name and interest of the local authority.

4. If the action is successful, the actor will have the right to be reimbursed by the Entity for the costs of the proceedings and to the compensation for the loss of damages.

CHAPTER IV

Citizen information and participation

Article 69.

1. Local Corporations will provide the most extensive information on their activities and the participation of all citizens in local life.

2. The forms, means and procedures for participation which the Corporations establish in the exercise of their powers of self-organization may in no way undermine the powers of decision corresponding to the regulated representative bodies by the Law.

Article 70.

1. The sessions of the Plenary of the Local Corporations are public. However, the debate and vote on matters which may affect the fundamental right of the citizens referred to in Article 18.1 of the Constitution may be secret, when it is agreed by an absolute majority.

The sessions of the Government Commissions are not public.

2. The agreements that the local Corporations adopt are published or reported in the form provided for in the Law. The Ordinance, including the rules of the Urban Plans, are published in the "Official Gazette" of the province and do not enter into force until the text has been fully published and the time limit provided for in Article 65.2 has elapsed. The same rule applies to the budgets, in the terms of Article 1112.3, of this Law.

3. All citizens have the right to obtain copies and certifications of the agreements of the local Corporations and their antecedents, as well as to consult the archives and records in the terms provided by the legislation of development of Article 105 (b) of the Constitution. The refusal or limitation of this right, in all matters concerning the security and defence of the State, the investigation of the crimes or the privacy of the persons, shall be verified by means of a reasoned decision.

Article 71.

In accordance with the law of the State and the Autonomous Community, when the latter has a statutory competence assigned to it, the Mayors, after agreement by absolute majority of the plenary and authorization of the Government of the Nation, may subject to popular consultation those matters of municipal and local competence that are of special relevance to the interests of the neighbors, with the exception of those relating to the Local Finance.

Article 72.

Local corporations favor the development of associations for the defense of the general or sectoral interests of the neighbors, provide them with the widest information about their activities and, within their the use of public resources and access to financial support for the performance of their activities and promote their participation in the management of the Corporation in the terms of Article 69 (2). Such effects may be declared to be of public use.

CHAPTER V

Members ' Status of Local Corporations

Article 73.

1. The determination of the number of members of the local Corporations, the procedure for their choice, the duration of their term of office and the assumptions of ineligibility and incompatibility will be regulated in the electoral legislation.

2. The members of the local Corporations enjoy, once they take possession of their office, the honours, prerogatives and distinctions of their own which are established by the Law of the State or the Autonomous Communities and are obliged to strict compliance with the duties and obligations inherent in that.

Article 74.

1. The members of the local Corporations are in a situation of special services in the following cases:

a) When they are officials of the Corporation for which they have been elected.

b) When they are career officials of other public administrations and perform in the Corporation for which a paid and exclusive dedication charge has been chosen.

In both cases, the Corporations concerned shall pay the contributions of the corresponding compulsory mutual funds for those officials who cease to provide the service which motivated their membership, extending to the shares of passive classes.

2. For the workforce, the same rules apply, as provided for in their specific legislation.

3. Members of local corporations who do not have exclusive dedication in that condition shall be guaranteed, during the period of their term of office, to remain in the public or private centre or centres of work in which they are services at the time of the election, without being able to be transferred or forced to attend other vacant places in different places.

Article 75.

1. The members of the local Corporations will receive remuneration for the exercise of their positions, when they are exclusively dedicated to them, in which case they will be discharged into the General Social Security Regime, assuming the Corporations. the payment of the corresponding business quotas, except as provided for in the previous Article.

In the event of such remuneration, your perception will be incompatible with that of any other remuneration charged to the Budgets of the Public Administrations and of the Entés, Organisms and Companies of which are dependent.

2. The members of the Local Corporations may receive compensation in the amount and conditions agreed upon by the Corporation's plenary session.

3. Local Corporations shall enter in their budgets the remuneration or allowances referred to in the previous two numbers, within the limits which are generally established.

4. For the purposes of Article 37.3.d) of the Workers ' Statute and Article 30.2 of Law No 30/1984, it is necessary for the performance of the elective office of a Local Corporation, which is necessary for the assistance, to be carried out to the sessions of the Plenary of the Corporation or of the Commissions and attention to the delegations of which it is a part or that the interested party plays.

5. All members of the Local Corporations are required to make, before the inauguration and when changes occur throughout the mandate, the declaration of their assets and the private activities that they provide or may provide to them. to provide economic income or affect the scope of the Corporation's powers. Such statements shall be entered in a Register of Interest constituted in each Local Corporation.

Article 76.

Without prejudice to the causes of incompatibility established by the Law, the members of the Local Corporations shall refrain from participating in the deliberation, voting, decision and execution of any matter, when they are present. of the causes referred to in the legislation of administrative procedure and contracts of the Public Administrations. The action of the members in which such reasons are met shall mean, where it has been decisive, the invalidity of the acts in which they have intervened.

Article 77.

All members of the local Corporations have the right to obtain from the Mayor or the President or the Government Commission how many records, data or information they have in the services of the Corporation and are precise for the development of its function.

Article 78.

1. The members of the Local Corporations are subject to civil and criminal responsibility for the acts and omissions carried out in the exercise of their office. The responsibilities shall be required before the competent courts of justice and shall be dealt with in the applicable ordinary procedure.

2. They are responsible for the agreements of the local Corporations, the members of the same who have voted in favour of them.

3. Local corporations may require the responsibility of their members when, by reason of their intent or serious fault, they have caused damages to the Corporation or to third parties, if they have been compensated for by the Corporation or third parties.

4. The Presidents of the Local Corporations may penalize the members of the Corporation with a fine, for lack of justification for attendance at the sessions or repeated non-compliance with their obligations, in the terms determined by the Law of the The Autonomous Community and, in an extra sense, that of the State.

TITLE VI

Goods, activities and services, and hiring

CHAPTER FIRST

Assets

Article 79.

1. The patrimony of the local entities is constituted by the set of assets, rights and actions that belong to them.

2. The assets of the local entities are of public or property ownership.

3. They are public domain goods intended for public use or service. They have the consideration of communal ones whose use corresponds to the common of the neighbors.

Article 80.

1. Communal goods and other public domain goods are inalienable, inembargable and imprinted and are not subject to any tribute.

2. Property assets are governed by their specific legislation and, failing that, by the rules of private law.

Article 81.

1. The alteration of the legal status of the assets of the local entities requires a file in which their opportunity and legality are established.

2. However, the alteration occurs automatically in the following assumptions:

a) Final approval of the plans for urban planning and the projects of works and services.

(b) The attachment of property assets for more than twenty-five years to a public service or use.

Article 82.

Local Entities enjoy, in respect of their assets, the following prerogatives:

(a) To recover their possession by themselves at any time when it is the public domain, and within one year, the assets.

(b) The de eslinde, which shall be in accordance with the provisions of the law of the State Heritage and, where appropriate, in the legislation of the mountains.

Article 83.

Common hand neighborhood mounts are regulated by their specific legislation.

CHAPTER II

Activities and services

Article 84.

1. Local corporations will be able to intervene citizens ' activity through the following means:

a) Ordinances and Sides.

b) Submission to prior license and other acts of preventive control.

(c) Individual orders constituting a mandate for the execution of an act or the prohibition thereof.

2. The intervention activity shall, in any event, be adjusted to the principles of equal treatment, consistent with the reasons and purposes of justification and respect for individual freedom.

Article 85.

1. They are local public services, which tend to achieve the aims identified as being the responsibility of the local authorities.

2. Local public services can be managed directly or indirectly. In no case may public services involving the exercise of authority be provided for indirect management.

3. Direct management shall take one of the following forms:

a) Management by the local Entity itself.

b) Local autonomous body.

(c) Business Company, whose share capital is wholly owned by the Local Entity.

4. Indirect management shall take one of the following forms:

a) Concession.

b) Interested management.

c) Concert.

d) Lease.

e) legally constituted commercial and cooperative society whose share capital only partially belongs to the local entity.

Article 86.

1. The local authorities may, by means of a record of the convenience and opportunity of the measure, exercise the public initiative for the exercise of economic activities in accordance with Article 128.2 of the Constitution.

2. Where the exercise of the activity is carried out under free competition, the final approval shall be the responsibility of the Corporation, which shall determine the specific form of management of the service.

3. The reservation is hereby declared in favour of the local entities of the following essential activities or services: Water supply and purification; collection, treatment and use of waste; supply of gas and heating; slaughterhouses, markets and central longings; public passenger transport; mortuary services. The State and the Autonomous Communities, within the scope of their respective powers, may establish, by law, the same reservation for other activities and services.

The effective execution of these activities under the monopoly regime requires, in addition to the provisions of this article, the approval by the governing body of the Autonomous Community.

Article 87.

Local entities may constitute consortia with other public administrations for purposes of common interest or with private non-profit entities that pursue public interest purposes, concurrent with those of the Public Administrations.

CHAPTER III

Hiring

Article 88.

Without prejudice to the provisions of Article 5 (C), the procurement of the Local Corporations shall be in accordance with the following peculiarities:

1. The competence to recruit from the various bodies shall be governed by the provisions of this Law and the legislation of the Autonomous Communities on local conditions.

2. The alleged incapacity and incompatibility to contract with the local entities will be determined by the basic legislation of the State.

3. For the amount, direct procurement may be agreed only in the case of works, services and supplies contracts where they do not exceed 5 per 100 of the ordinary resources of the budget. In no case may the limit set for direct procurement in the basic rules applicable to all public administrations be exceeded.

4. The bonds must be deposited in the Caja of the Contracting Corporation.

TITLE VII

Staff at the Service of Local Entities

CHAPTER FIRST

General provisions

Article 89.

The staff at the service of the local entities will be composed of career officials, hired under employment law and eventual staff who perform positions of trust or special counsel.

Article 90.

1. It is up to each local corporation to approve annually, through the budget, the template, which will have to understand all the jobs reserved for officials, labor and eventual staff.

The templates must respond to the principles of rationality, economy and efficiency and be established in accordance with the general management of the economy, without the staff costs being able to exceed the limits set by the general character.

2. Local Corporations will form the relationship of all the existing jobs in their organisation, in the terms provided for in the basic legislation on civil service.

It is for the State to lay down the rules under which the relations of jobs, the description of the type of jobs and the conditions required for their creation, and the conditions for their creation, must be drawn up. basic rules of the administrative career, in particular as regards the promotion of civil servants to higher levels and groups.

3. The local corporations will be personnel records, coordinated with those of the other public administrations, according to the rules approved by the government. The data entered in such a register shall determine the payroll, for the purposes of the proper justification of all remuneration.

Article 91.

1. Local corporations will publicly form their job offer, adjusting to the criteria set out in the basic state regulations.

2. The selection of all staff, either official or work, must be carried out in accordance with the offer of public employment, by means of public notice and through the system of concourse-opposition or free opposition in which they are guaranteed, in any case, the constitutional principles of equality, merit and capacity, as well as that of advertising.

CHAPTER II

Common provisions for career officials

Article 92.

1. The officials at the service of the local administration are governed, in the absence of this Law, by the legislation of the State and the Autonomous Communities in the terms of Article 149.1.18.

2. They are public functions, the fulfilment of which is reserved exclusively for staff subject to the Staff Regulations, those involving the exercise of authority, those of public faith and mandatory legal advice, those of internal control and supervision of economic and financial and budgetary management, accounting and treasury management and, in general, those which, under the provisions of this Law, are reserved for officials for the best guarantee of objectivity, impartiality and independence in the exercise of the function.

3. They are necessary public functions in all local Corporations, whose administrative responsibility is reserved for officials with national qualifications:

(a) The Secretariat, understanding of public faith and mandatory legal advice.

b) The internal control and control of economic and financial management and budgetary and accounting, treasury and collection.

4. The administrative responsibility for the functions of accounting, treasury and collection may be attributed to members of the Corporation or officials without national qualifications, in those exceptional circumstances in which it is determined by the law of the State.

Article 93.

1. The basic remuneration of local officials shall have the same structure and the same amount as those laid down in general for the entire public service.

2. The additional remuneration shall also be subject to the structure and objective assessment criteria of those of the other public servants. Its total amount shall be fixed by the Plenary of the Corporation within the maximum and minimum limits to be indicated by the State.

3. Local Corporations shall annually reflect in their budgets the amount of remuneration of their officials in the terms laid down in the basic legislation on civil service.

Article 94.

The working day of the officials of the local administration will be on an annual basis, the same one that will be set for the officials of the State Civil Administration.

The same rules on equivalence and reduction of working time will apply to them.

Article 95.

The participation of officials, through their trade unions, in determining their conditions of employment, will be the general rule for all public administrations in the Basic Statute. of the civil service.

Article 96.

The Institute of Local Administration Studies will develop courses of improvement, specialization and promotion for officials at the service of local entities, and will collaborate in these functions with the Institutes or Schools of officials of the Autonomous Communities, as well as the institutions of this type that agree to constitute the Corporations themselves.

Article 97.

Announcements of calls for evidence of access to local public service and competitions for the provision of jobs should be published in the "Official State Gazette".

The bases will be published in the "Official Gazette of the Province", except for the calls for selective tests for obtaining the national character, which will be published in the "Official Journal of the Province". Status ".

CHAPTER III

Selection and training of officials with national qualification and system of provision of places

Article 98.

1. The selection, training and qualification of the officials referred to in Article 92 (3) corresponds to the Institute for Local Administration Studies, in accordance with the bases and programmes approved.

The conduct of the selection tests for access to training courses in relation to the Corporations of a given population level may be decentralized territorially in the terms established by the State administration.

The Institute for Local Administration Studies shall, by way of agreement, instruct the Institutes or Schools of officials of the Autonomous Communities to request it, the formation, by delegation, of the officials that they must obtain a national rating.

2. Those who have obtained the qualification referred to in the preceding number shall enter the Local Public Service and shall be entitled to participate in the merit contests called for the provision of the reserved places or places of work to these officials in the templates of each local Entity.

Article 99.

1. The State Administration lays down the basic rules for competitions for the provision of places reserved for officials with national qualifications, including the general merits of a mandatory assessment in any event, the The score shall be 75 per 100 of the total possible according to the relevant scale. It does not govern this limitation when the local Corporation concerned does not establish specific merits in reason of local characteristics.

2. The vacancies of seats for officials with national qualifications shall be covered by annual competitions. These competitions will be called simultaneously by the Administrations of the Autonomous Communities. The State Administration will proceed to the calls that are not made as provided for in this Law by the Autonomous Communities and, in any case, will order the publication of all of them in the "Official Gazette of the State".

To this effect, the local authorities will have to forward, annually to the Administrations of the State and the Autonomous Communities to the exhaustive relationship of the places or places of work reserved in their templates to officials with a national rating which is vacant, as well as, where applicable and for each type of square or job, the approved bases which must govern the competitions for their provision, including those for specific merit scales set out for such Corporations. The State Administration shall determine the date of the annual call for tenders for all vacant places.

In the competitions, the State Administration will receive the corresponding requests and forward them to the local stakeholders.

3. Each local Corporation, after evaluation of the candidates by a Court appointed in the form of the Corporation in the form prevented on the basis of the contest, will make to the Administration of the State the corresponding proposal of nomination that include the names by the obtained qualification order.

The State Administration will proceed to the nomination of the best qualified candidate, according to the order of preference that he would have previously expressed, when he had requested more than one place.

4. The takeover determines the acquisition of the duties and duties inherent in the active situation, the official of the corresponding Corporation being dependent without prejudice to the disciplinary power of dismissal of the the service and the final separation of the service which is reserved in any case to the State Administration.

5. In any case, in this last Administration, a Register will be carried out concerning local officials with national qualification, in which all the incidents and situations of these officials must be registered for their effectiveness.

CHAPTER IV

Selection of the remaining officials and rules on the provision of jobs

Article 100.

1. The selection of officials not covered by Article 92 (3) is a matter for each local corporation.

2. It is, however, for the State Administration to regulate:

(a) The basic rules and minimum programmes to which the procedure for the selection and training of such officials should be adjusted.

b) The academic qualifications required to take part in the selective tests, as well as the diplomas awarded by the Institute of Local Administration Studies or by the Institutes or Schools of officials established by the Autonomous Communities, complementary to academic qualifications, which may be required to participate in them.

Article 101.

The vacant posts to be covered by the officials referred to in the previous article shall be provided by merit contest between officials belonging to any of the public administrations; However, those posts in which it is established in the employment relationship may be provided by means of free designation on public notice, as well as between officials.

The rules governing these procedures in all public administrations will, in any case, be applicable.

Article 102.

1. Selection tests and competitions for the provision of jobs, as referred to in this Chapter, shall be governed by the basis of the approval of the Corporation's plenary session.

2. In the case of selective testing, the Court or similar body shall raise the relevant approval to the competent authority to make the appointment. And the competitions for the provision of jobs will be resolved, motivated, by the Plenum of the Corporation upon proposal of the Court or similar body designated for that purpose.

CHAPTER V

From work and eventual staff

Article 103.

The staff will be selected by the Corporation itself, in any event, in accordance with the provisions of Article 91 and with the utmost respect for the principle of equal opportunities for all those who meet the required requirements.

Article 104.

1. The number, characteristics and remuneration of the staff will be determined by the Plenary of each Corporation at the beginning of its term of office. These determinations may be amended only on the basis of the approval of the annual budgets.

2. The appointment and termination of these officials is free and corresponds to the Mayor or the President of the local authority concerned. They cease automatically in any event when the end of the term of office of the authority to which it provides its function of trust or advice expires.

3. The appointments of employment officers, the regime of their remuneration and their dedication will be published in the "Official Gazette" of the Province and, where appropriate, in the Corporation itself.

TITLE VIII

local Hales

Article 105.

1. In accordance with the legislation provided for in Article 5, local authorities shall be provided with sufficient resources for the fulfilment of the purposes of the local authorities.

2. The local farms are nourished, in addition to their own taxes and the shares recognized in those of the State and those of the Autonomous Communities, of those other resources that the Law provides for.

Article 106.

1. The local authorities shall have the autonomy to establish and demand taxes in accordance with the provisions of the legislation of the State of the Local Government and in the Laws that the Autonomous Communities dictate in the cases expressly provided for in the law. provided for in that.

2. The regulatory authority of the local authorities in tax matters shall be exercised through the tax regulations of their own taxes and of general management, collection and inspection regulations. Local Corporations may be able to provide interpretative and clarifying provisions.

3. It is the responsibility of the local authorities to manage, collect and inspect their own taxes, without prejudice to the delegations which may be granted in favour of the local authorities of higher scope or of the respective Autonomous Communities, and of the formulas of collaboration with other local entities, with the Autonomous Communities or with the State, in accordance with what is established by the legislation of the State.

Article 107.

1. The tax rules governing local taxes shall enter into force at the same time as the budget for the financial year following the approval of those taxes, unless otherwise provided for in the budget.

2. The tax systems oblige in the territory of the respective local authority and apply according to the principles of effective residence and territoriality, depending on the cases.

Article 108.

Against acts on the application and effectiveness of local taxes may be made, in the case of the same organ which issued them, the corresponding replacement action; against the express or tacit refusal of such an appeal, Interested parties may directly appeal to administrative disputes.

Article 109.

The total or partial extinction of the debts that the State, the Autonomous Communities, the Autonomous Bodies, the Social Security and any other Public Law Entities have with the local Entities, or vice versa, may agreed by way of compensation, in the case of overdue, liquid and payable debts.

Article 110.

1. The full declaration of nullity and the review of acts dictated by tax management shall be the responsibility of the Corporation's plenary session, in cases and in accordance with the procedure laid down in Articles 153 and 154 of the General Law. Tax.

2. In other cases, the local authorities may not annul their own declarative acts of rights, and their review shall require the prior declaration of lesivity for the public interest and their challenge on the administrative-administrative basis, in accordance with the Law of that Jurisdiction.

Article 111.

The taxation and approval agreements and modification of the tax regulations shall be approved and published in accordance with the provisions of Articles 49 and 70.2 of this Law.

Article 112.

1. The local authorities annually approve a single budget which constitutes the encrypted, joint and systematic expression of the obligations which, at most, they may recognise, and of the rights due or which are to be made during the corresponding financial year. The Budget coincides with the calendar year and is made up of that of the Entity itself and those of all local organizations and enterprises with their own legal personality.

2. The State Administration shall determine in general the structure of the budgets of the local entities.

3. Initially approved the budget shall be made available to the public during the period laid down by the legislation of the State of the local authorities, in order to enable the persons concerned to bring complaints to the public. Once those that have been submitted have been resolved, in the terms provided for in the Law, the final approved budget will be inserted in the "Official Gazette" of the Corporation, if it has, and summarized, in that of the Province.

4. The final approval of the budget by the Corporation shall be carried out before 31 December of the year preceding the year in which it is to be applied.

5. If the budget is not approved before the first day of the relevant financial year, the validity of the previous year shall be automatically extended.

Article 113.

1. Against acts that put an end to the complaints made in relation to the agreements of the Corporations in matters of budgets, imposition, application and effectiveness of taxes or approval and modification of the tax regulations, the Interested parties may directly bring the administrative-administrative appeal.

2. The Court of Auditors shall in any event issue a report where the challenge concerns or relates to budgetary levelling.

3. The action provided for in the first subparagraph and the complaints referred to in Articles 49, 108 and 112 (3) shall not in itself suspend the effectiveness of the contested act or agreement.

Article 114.

Local entities are subject to the public accounting system. The State Administration shall, in general, establish the plan of accounts of the local entities.

Article 115.

The external audit of the accounts and the economic management of the local entities corresponds to the Court of Auditors, with the scope and conditions established by the Organic Law that regulates it, and without prejudice to the assumptions of the delegation provided for therein.

Article 116.

The annual accounts will be submitted before June 1 to the report of the Special Commission of Accounts of the Local Entity, which will be made up of members of the various political groups belonging to the Corporation, and will be, also the subject of public information before it is submitted for approval by the plenary, so that they can be made against the same complaints, objections or comments. This is without prejudice to the fact that irregularities in the economic management and the approved accounts may be reported to the Court of Auditors.

TITLE IX

Organizations for State Administration Cooperation with Local

Article 117.

1. The National Commission of Local Administration is the permanent organ for the collaboration between the State Administration and the Local Administration.

2. The Commission shall be composed, under the chairmanship of the Minister of Territorial Administration, by an equal number of representatives of the local authorities and the State Administration, which shall determine the government's regulations. The designation of the representatives of the local entities corresponds in any case to the association of the state-wide area with greater implantation.

3. The Commission shall meet at the request of its President on its own initiative or at the request of the local representation. Representatives of the Autonomous Communities may attend their meetings.

The agreements are adopted by consensus between the two representations. The will of the representation of the local entities is obtained by an absolute majority of its members.

Article 118.

1. It is for the Commission:

A) Issue report in the following assumptions:

(a) Projects of Law and Regulations of the State in the matters referred to in Article 5 of this Law, as soon as they affect the local administration.

(b) Criteria for the authorizations of borrowing operations of local corporations.

(c) Previously and in cases where the Council of Ministers agrees to the application of the provisions of Article 61 of this Law.

b) Make proposals and suggestions to the Government on local administration and, in particular, on:

(a) Attribution and delegation of powers to the local authorities.

b) Distribution of grants, credits and transfers from the State to the local administration.

c) Participation of local farms in state taxes.

(d) Forecasts of the General Budget of the State affecting the local entities.

2. The Commission, in order to fulfil its tasks, may require the Institute for Local Administration Studies to carry out studies and to issue reports.

Article 119.

The Commission will be able to request from the constitutionally legitimized organs for this the challenge before the Constitutional Court of the laws of the State or the Autonomous Communities that it considers harmful for the local autonomy Constitutionally guaranteed.

This same application may be made by the representation of the local authorities in the Commission.

Article 120.

1. The Institute for Local Administration Studies, attached to the Ministry of Territorial Administration, is an entity governed by public law, with its own personality and legal capacity and its own patrimony, acting with full functional autonomy for the compliance with their purposes.

The research, study, information and dissemination of all the subjects affecting the local administration, as well as the selection, training and improvement of officials of the local authorities are essential for the Institute. Local entities.

2. The Director and the Governing Council are the governing bodies of the Institute. The Director assumes the representative, executive, programming and coordination functions, as well as the management of the services. The Governing Council, to which the approval of the annual budget, programme of activities and memory is concerned, is composed of the Director, who presides him, and eight representatives of the local entities designated by the Association of State-wide area of greatest implementation, three representatives of the Autonomous Communities appointed for an annual period and the chronological order of approval of the Statutes of Autonomy and five representatives of the designated State Administration by the Ministry of Territorial Administration.

3. The Institute, comprised of the Entities referred to in Article 5 of the Law on Autonomous State Entities of December 26, 1958, will have the consideration of an autonomous administrative body for the purposes of the established in Article 4 of the General Budget Law of 4 January 1977.

The Rules of Procedure regulate their organisation and operation, and will be approved by the Ministry of Territorial Administration, on a proposal from the Governing Council.

ADDITIONAL PROVISIONS

First.

1. The legislative powers or the development of the legislation of the State on local regime assumed, as provided in their respective Statutes, by the Autonomous Communities of the Principality of Asturias, Cantabria, La Rioja, Murcia, Aragon, Castilla-La Mancha, Castilla y León, Islas Baleares, Extremadura and Madrid shall be exercised, as the case may be, within the framework of Article 13 and Title IV of this Law, as well as, if necessary, in the terms and with the scope provided for in this Law. Articles 20.2, 32.2, 29 and 30 of the same.

2. The administrative functions conferred on the Autonomous Communities by this Law are understood to be transferred to those mentioned in the preceding number, which shall also include all other functions of the same kind as they are transferred to them. State legislation to be issued in accordance with the provisions of the first provision of the State legislation.

Second.

The provisions of this Law, in accordance with the Constitution and the Statute of Autonomy for the Basque Country, shall apply in the Historical Territories of Alava, Guipúzcoa and Vizcaya, without prejudice to the following Peculiarities:

1. In accordance with the first provision of the Constitution and with the provisions of Articles 3, 24 (2) and 37 of the Basque Statute, the Historical Territories of Alava, Guipuzcoa and Vizcaya shall freely organise their own institutions and shall dictate the rules necessary for its operation, without being applicable to them contained in this Law in the field of provincial organisation.

2. The Historical Territories of Alava, Guipúzcoa and Vizcaya shall exercise the powers conferred upon them by the Basque Statute and the internal legislation of the Autonomous Community which is dictated in their development and application, as well as those which are assigned by this Law in general to the Provincial Diputations.

3. In the exercise of the powers conferred on them by the Statute and the legislation of the Autonomous Community in their development and implementation, it is for the foral institutions of the Historical Territories to develop normative and implementation of the basic legislation of the State in the relevant areas, where they are attributed to them.

4. When the Foral Institutions of the Historical Territories carry out activities in fields whose competence lies with the State Administration or the Autonomous Community, the rules of this Law shall apply to them. discipline the relations of the Provincial Diputations with the Administration of the State and the Autonomous Administration, if any, as long as these activities are carried out in the capacity of ordinary Provincial Diputations, and not as Foral institutions in accordance with their special private arrangements, in which case they shall only apply such rules when they develop or implement the basic legislation of the State or encroach on the State's powers.

5. In matters of finance, the relations of the Historical Territories with the State Administration will be in accordance with the provisions of the Law of the Economic Concert in the Autonomous Community of the Basque Country.

6. The Historical Territories of the Basque Country will continue to retain its special scheme in the field of municipal matters in respect of the economic and financial system in the terms of the Law of the Economic Concert, without this being able to mean a level of (a) the autonomy of the local Basque Corporations lower than that held by other local corporations, without prejudice to the application of the provisions of Article 115 of this Law and of the powers that may be in this respect; Autonomous Community.

7. In accordance with the additional provision of the Constitution and Articles 10.4 and 37 of the Statute of Autonomy of the Basque Country, the power to convene, exclusively for the purposes of the Constitution, is the responsibility of the institutions of the Historical Territories. its territory, the contests referred to in the first paragraph of Article 99.2 for seats vacant therein. Such calls may also be published in the "Official Gazette" of the respective historical territory and in the "Official Journal of the Basque Country".

Also, in accordance with the provisions mentioned in the preceding paragraph, it is for the foral institutions of the Historical Territories to have the power provided for in the second paragraph of Article 99.3 of the appointment of the officials referred to in Article 92.3.

8. The percentage of the scale reserved for the State in Article 99.1 is set at 65 per 100, with 10 per 100 of the total possible to the Autonomous Community of the Basque Country to establish the merits corresponding to the knowledge of the legal and economic-administrative specialties derived from their historical rights and especially from the Economic Concert.

Within 25 per 100 remaining, the local Corporation concerned may freely establish the specific merits that it deems appropriate in reason of the local characteristics.

9. In accordance with the provisions of Article 98 of this Law, in the agreement to be established between the Institute of Local Administration Studies (IEAL) and the Basque Institute of Public Administration (IVAP) for training by the latter of the officials referred to in Article 92 (3) of the same legal text, the Autonomous Community of the Basque Country may include subjects or disciplines specific to its specific characteristics, with the sole condition of compliance with the minimum requirements of academic order which are generally established for the purposes of common demand across the State, never higher than those for the Institute of Local Administration Studies.

10. The control and internal audit of the economic and financial management and the accounting, treasury and collection of the foral Diputations will be organized freely by them in the framework of the economic concert without application of the provisions of Article 92.3 of this Law.

Third.

This Law will govern in Navarra in what is not opposed to the regime that for its local administration establishes article 46 of the Organic Law 13/1982, of 10 August, of Reintegration and Improvement of the Foral Regime of Navarre. To these effects, the state regulations which, according to the Laws mentioned in the aforementioned precept, govern in Navarra, will be understood as modified by the provisions contained in this Law.

In accordance with the provisions of Article 46 (1), it shall apply to the Community of Navarre, as set out in the first provision of this Law, number 2.

Fourth.

In the event that, in application of the provisions of Article 42 of this Law, the regional organization of the whole territory of the Autonomous Community, the Generality, was partially and minoriterated. In the case of Catalonia, since it had approved in the past a regional organization for the whole of its territory and provided for its Statute, it may also, by means of a law approved by an absolute majority of its Legislative Assembly, to agree to the constitution of the region or the districts that subtract to extend the organisation of the whole territorial area.

Fifth.

1. The local authorities may constitute associations, of a state or regional level, for the protection and promotion of their common interests, which shall be applied, in the absence of specific rules, to the legislation of the State in the field of associations.

2. The associations of local entities shall be governed by their Statutes, approved by the representatives of the associated Entities, which shall guarantee the participation of their members in the associative tasks and the representativeness of their Government bodies.

Sixth.

1. The special scheme of the Municipality of Madrid, contained in the articulated text approved by Decree 1674/1963, of 11 July, amended by Decree 2482/1970, of 22 August, will continue in force until the Law provided for in Article 6 is dictated. of the Organic Law 3/1983, of 25 February, of the Statute of Autonomy of the Community of Madrid, except in so far as it objects, contradicts or is incompatible with the provisions of this Law. In particular, Articles 2 (c), 4 (2), 4 (2), 11, 12, 13 and 39 (2) of the special law, as well as all those which set up a system of inter-administrative relations, are expressly repealed. different from that provided for in this Law.

2. The special scheme of the Municipality of Barcelona, contained in the text of the text approved by Decree 1166/1960 of 23 May; Decree-Law 5/1974 of 24 August, and Decree 3276/1974 of 28 November of the Constitution and the Development of the Entity Metropolitan Barcelona and its concordant provisions shall continue to be in force except in so far as they oppose, contradict or otherwise be incompatible with the provisions of this Law.

REPEAL PROVISION

Repealed, as soon as they object, contradict or are incompatible with the provisions of this Law:

(a) The Law of Local Regime, articulated and recast text, approved by Decree of 24 June 1955.

b) The partial text of Law 41/1975, of Bases of the Statute of Local Regime, approved by Royal Decree 3046/1977 of 6 October.

c) Law 40/1981 of 28 October on the Legal Regime of Local Corporations, without prejudice to the transitional validity of the system of economic and administrative claims in the terms provided for in the provision transient tenth.

d) Law 11/1960, of 12 May, for which the National Mutual Insurance of the Local Administration is created and regulated.

e) How many other rules, of equal or lower rank, incur the opposition, contradiction or incompatibility referred to in the initial paragraph of this provision.

TRANSIENT PROVISIONS

First.

The provisions to be recast by the Government in use of the authorization granted to it by the final provision of this Law constitute the legislation of the transitional State applicable in the terms of the different Article 5 (5), having, as a result, according to the various cases in question, the nature of the basic State rules or, where appropriate, the supply of the State which may be approved by the Autonomous Communities.

Second.

Until both the law of the State and that of the Autonomous Communities that is dictated in accordance with the provisions of Articles 5 (B), (a); 25 (2) and 36 of this Law, do not have anything else, the Municipalities, The Provinces and the Islands shall retain the powers conferred upon them by the sectoral legislation in force at the date of entry into force of this Law.

addition, the municipalities shall hold in the matters referred to in Article 28 of this Law, how many implementing powers are not conferred by such sectoral legislation on other public administrations.

Third.

The Municipal Permanent Commissions and the Government Commissions of the Provincial Diputations constituted under Law 39/1978 of 17 July, of local elections, will cease in their duties at the time they remain. The President of the Corporation, appointed by the President of the Corporation, will have to do so within the maximum period of three months from the entry into force of this Law in all of the Councils and Diputations in which, according to her, the The existence of such a body is mandatory.

Fourth.

The municipalities that will be affected by their current organization, as set out in Article 29 (1) (a) of this Law, will keep it until the next local elections are held.

Fifth.

Within six months of the date of entry into force of this Law, the State Administration shall organise the Register provided for in Article 14, by signing, at first, all the local entities to which it refers this Law, under its current name.

Sixth.

1. Within five months of the entry into force of this Law, the Government will adopt the Rules of Procedure and the Functioning of the National Local Administration Commission.

2. Within the same period of time as indicated in the previous number, the Minister for Territorial Administration shall approve the Regulation of the Institute for Local Administration Studies.

3. Within three months of the entry into force of the Regulations referred to in the preceding numbers, the National Commission for Local Administration and the Governing Board of the Institute for Administration Studies shall be established. Local according to their forecasts and with the provisions of this Law.

Seventh.

1. As long as the provisions of this Law are not developed for public officials who require national empowerment, the current National Administration of Local Administration will be applied to the current statutory regime in all that which is compatible and is not repealed by this Law and by the general law of the State in the field of Civil Service. The current members of the National Corps of Secretaries, Interventors and Depositary will have all the effects of the national empowerment regulated in this Law.

2. The Government is authorised to declare, at the initiative of the Minister for Territorial Administration and on the proposal of the Minister of the Presidency, to terminate certain bodies when required by the general rationalisation or due process. compliance with this Law, establishing the criteria, requirements and conditions for the integration of the officials of these Bodies into others.

3. The officials of the current National Body of Directors of Civil Music Bands, which is suppressed under the provisions of this Law, will become part of the staff of the respective Corporation as their own officials, with full respect for their rights and legal status arising under the previous legislation, including the transfer to other local Corporations, for which they will have absolute preference in the competitions that they call to cover places of that nature.

Eighth.

1. Contracts for temporary cooperation under administrative law may not be concluded by the local authorities or the existing ones shall be renewed.

2. Within six months from the date of entry into force of this Law, the local authorities shall carry out the classification of the tasks performed up to that time by the administrative staff.

This classification will determine the positions to be filled, as the case may be, by public officials or by fixed or temporary labor personnel.

From that classification, the precise modifications in the template can be derived.

3. All staff who have provided services as a temporary joint administrative contractor or as an interim employment officer may participate in the access tests to cover the corresponding places.

In any case, these access calls must respect the criteria of merit and capacity, by means of the selective tests that are regulated, in which the effective services provided by the latter are assessed. personnel.

4. As long as administrative contracts and appointments of employment officers are in force in any public administration, they will be suspended for the time when those in charge of employment in a local corporation have a job. Paid elective and exclusive dedication. During the 30 days following the end of these conditions, they will have the right to return to the job they occupied until the suspension, provided that the legal conditions for the full restoration of the conditions continue to be met. corresponding relationships.

They shall also retain the rights acquired up to the time of suspension and shall be recognised, in a personal capacity, as those they may have acquired during the suspension for the purposes of general provisions.

Ninth.

Within the maximum period of one year from the entry into force of this Law, the Government will have, by means of Royal Decree, the dissolution of the Commonwealth of Diputations of the Common Regime, establishing what is necessary for the liquidation of the assets, obligations and personnel of the same.

10th.

1. To the agreements for the approval of budgets and tax regulations for the imposition and management of local taxes, as well as to the acts of application and effectiveness of these ordinances, approved or dictated by the local Corporations within the A year from the entry into force of this Law, the current system of economic and administrative complaints will apply to them.

2. In any case, the complaints filed with the Provincial Economic and Administrative Courts and the assets presented to the Economic and Administrative Tribunal will continue in an economic and administrative manner. Central, prior to the date indicated in the previous number and which are then pending resolution.

FINAL PROVISIONS

First.

The Government of the Nation is authorized to recast within one year, and in a single text, the legal provisions in force in accordance with the provisions of the repeal provision. The recast shall also cover the regularisation, clarification and harmonisation of those provisions.

The government, in the same time, will update and accommodate the provisions of the same, all regulatory norms that remain in force and, in particular, the following Regulations:

(a) The Regulations of Population and Territorial Demarcation of Local Entities, approved by Decree of 17 May 1952, with the amendments that it has been subject to subsequent provisions.

(b) The Rules of Procedure of the Organization, the Functioning and the Legal Regime of Local Corporations, approved by Decree of 17 May 1952, with the amendments that it has been subject to subsequent provisions.

(c) The Regulations of Officials of Local Administration, approved by Decree of 30 May 1952, with the amendments that have been the subject of subsequent provisions.

(d) The Regulation of Contracting of Local Corporations, approved by Decree of 9 January 1953, with the amendments that it has been subject to subsequent provisions.

e) The Local Entities ' Assets Regulation, approved by Decree of 27 May 1955, with the amendments that it has been subject to subsequent provisions.

(f) The Regulation of Services of Local Corporations, approved by Decree of 17 June 1955, with the amendments that it has been subject to subsequent provisions.

Second.

1. The public officials of the local administration will have the same social protection, in extension and intensity, that will be distributed to the public officials of the State Administration and will be integrated into the Social Security System.

2. The contribution of the officials of the local administration for the financing of their social security shall be the same as that established for public officials of the State Administration, when the protective action is identical.

3. The management of the Social Security of the officials of the Local Administration will be carried out by the MUNPAL, a legal person governed by public law with full legal capacity and its own patrimony for the fulfillment of its objectives, assigned to it. organically to the Ministry of Territorial Administration, which corresponds to its superior management and guardianship.

The MUNPAL will enjoy the same benefits of probreza, postal and telegraphic franchise and tax exemptions, recognized to the Social Security Management Entities, in accordance with the provisions of the General Security Law. Social, being in the rest of application the Law 11/1960, in which it does not oppose the present Law, and its norms of development.

Third.

The staff of the Municipal Police and the Fire Corps will enjoy a specific statute, approved by law, taking into account the first law of the State Security Forces and Corps.

Fourth.

1. Articles 344 to 360, inclusive of the Local Regime Act of 24 June 1955, on the National Service for Inspection and Advice of Local Corporations are expressly repealed.

2. The Government shall, within three months of the entry into force of this Law, regulate the peculiarities of the organic and functional system of staff previously assigned to that Service, which shall be governed by the laws of civil servants of the State.

3. In order to fulfill the functions that the State Administration is responsible for, in relation to the local entities, the Government may be assigned to its services by the local authorities.

Fifth.

As from the entry into force of this Law, the heads of the judicial party in which there is no penitentiary establishment will assume, under delegated jurisdiction, the execution of the service of deposit of The custody of these detainees is being made available to the Municipal Police in the role of the Judicial Police.

The competent authority in penitentiary matters shall make available to the Municipalities referred to in the previous paragraph the economic means sufficient for the maintenance of the said service in the intended terms by the relevant sectoral legislation.

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this Law.

Palma de Mallorca at 2 April 1985.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ