Advanced Search

Royal Decree 1419 / 1984, Of 25 April, On Final Assessment, Expanding Functions, Services And Media And Adaptation Of The Transferred To The Principality Of Asturias In Urban Planning.

Original Language Title: Real Decreto 1419/1984, de 25 de abril, sobre valoración definitiva, ampliación de las funciones, servicios y medios y adaptación de lo transferido al Principado de Asturias en materia de urbanismo.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

By Royal Decree-Law 29/1978 of 27 September, the pre-regional regime for Asturias was approved.

By Royal Decree 2874/1979 of 17 December, the Regional Council of Asturias was transferred to the Regional Council of Asturias, functions and services of the State Administration in the field of urban planning.

Subsequently and by Law of the Organic Law 7/1981, of December 30, the Statute of Autonomy for Asturias was approved.

Given the technical complexity of the work leading to the assessment of the effective cost of the services transferred in the area of urban planning, the definitive assessment of these transfers has not been approved until recently. within the corresponding Joint Committees on Transfers.

The acquisition of this definitive assessment carries with it the need to expand certain personal and budgetary means related to the aforementioned transfers.

Finally, as a result of the transfer made in the pre-autonomous phase in this matter, the Regional Council of Asturias was made available for the exercise of the functions of personal and property (a) the legal system of membership is necessary to adapt to the situation set out in the Statute of Autonomy.

For all this, the Joint Committee provided for in the fourth transitional provision of the Statute of Autonomy for Asturias adopted at its meeting of 23 June 1983 the appropriate agreement with its annexed relations, which are approved by This Royal Decree.

In its virtue, on the proposal of the Ministers of Public Works and Urbanism and of Territorial Administration, and after deliberation of the Council of Ministers at its meeting on April 25, 1984, I have:

Article 1. The agreement of the Joint Committee on Transfers provided for in the fourth transitional provision of the Statute of Autonomy for Asturias of 23 June 1983 on the final assessment of the effective cost of the services transferred is approved. extension of the functions and means attached to the services transferred and adapted to the Regional Council of Asturias in the area of urban planning.

Art. 2 Consequently, the goods, rights and obligations, as well as the staff and budget appropriations in the relations attached to the agreement of the Joint Committee indicated in the negotiations, are hereby transferred to the Autonomous Community of Asturias. the terms and conditions specified therein, and in whose relations the means which are transferred relating to enlargement and those which are the subject of adaptation are duly identified and separated.

Art. 3. The transfers referred to in this Royal Decree will be effective from the day indicated in the agreement of the Joint Commission.

Art. 4. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid on April 25, 1984. -JUAN CARLOS R. -Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX

Don J. F. H. S. and Don F. E. G. R., Secretaries of the Joint Committee provided for in the transitional provision of the Statute of Autonomy for Asturias, certify:

At the plenary session of the Commission held on 23 June 1983, an agreement was reached on the final assessment of the effective cost of the services carried over, the extension of the functions, services and resources attached to it. adaptation of those transferred to the Regional Council of Asturias in the area of urban planning, in the following terms:

A) Constitutional and statutory and legal norms in which the final assessment, adaptation and extension of the past means are amenable.

The Constitution, in its article 148.1.3, establishes that the Autonomous Communities may assume responsibility for urban planning. For its part, the Statute of Autonomy for Asturias, approved by Organic Law 7/1981, of 30 December, establishes in Article 10, b) that the Autonomous Community has exclusive competence in the area of urban planning. Finally, the present agreement is based on the fourth transitional provision of the Statute of Autonomy for Asturias already mentioned, which provides for the transfer of the services inherent in the powers which, according to the Staff Regulations, (a) to the Commission, to the Commission, to the Commission, to the Commission, to the Commission, to the Commission, to the Commission, to the Council, to the Commission, to the Commission, to the Council and to the Council. the Joint Commission of Transfers provided for in the indicated transitional provision fourth The Court of National Law of the State of the European Communities (Statute of Autonomy) determines the rules and procedure to be followed by the transfer of the State Administration to the Autonomous Community of Asturias.

B) Functions of the State that the Autonomous Community assumes and the identification of the services transferred.

1. In the area of urban planning, all the functions of the State Administration, except those reserved for it in paragraph C, are transferred to the Autonomous Community of Asturias.

2. The Autonomous Community of Asturias is transferred to the urban planning services of the Ministry of Public Works and Urbanism in Asturias.

C) Functions that the State Administration reserves.

They will remain in the State Administration and will continue to be executed by the Ministry of Public Works and Urbanism, or by the Departments to which in each case it is for the matter, the functions that it attributes to the State the Constitution, and in particular Articles 131, 138 and 149 thereof, as well as the provisions that are dictated in its development.

The functions referred to in Article 180.2 and 3 of the Soil Law, recast of 9 April 1976, will also remain in the Ministry of Public Works and Urbanism.

D) Functions in which the State Administration and the Autonomous Community and the form of cooperation are to be present.

The following functions will be developed in coordination between the Ministry of Public Works and Urbanism and the Autonomous Community of Asturias:

(a) Research and study in the area of spatial planning and urban planning.

b) Aid and economic, technical and personnel cooperation with the Autonomous and Local Administrations in the same subjects.

E) Heritage, personal and budgetary resources that are adapted and expanded.

E. 1 Goods. rights and obligations.

1. The extension of the assets transferred to the Principality of Asturias is carried out with a recognition of local area debt, in the terms detailed in the attached relation number 1 *. These transfers shall be formalised in accordance with the provisions of the Statute of Autonomy and other provisions in each applicable case.

2. Within one month of the approval of this agreement by the Government, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material will be signed.

3. The attached number 1 * lists the goods transferred in the pre-regional phase, the legal regime of which will be adapted to the provisions of the transitional provision of the Statute of Autonomy.

E. 2 Personal and job vacancies.

1. The personal means transferred to the Principality of Asturias are extended with the transfer of the staff who are nominally referred to in the attached relationship number 2 *.

2. Such staff shall become dependent on the Autonomous Community in the terms legally provided for by the Statute of Autonomy and the other rules in each applicable case and under the same circumstances as specified in the attached ratio number 2 *, with your Personal Registration number.

3. Vacant posts: These are those detailed in the attached ratio number 2 *, with an indication of the Body or Scale to which they are attached or assimilated, organic level and corresponding budgetary allocation.

4. The Secretariat of the Ministry of Public Works and Urbanism will notify those interested in the transfer and their new administrative situation as soon as the Government approves the present agreement by Royal Decree. A certified copy of all the files of this past staff, as well as of the certificates of holding referred to the amounts due during the course of the year, shall also be forwarded to the corresponding bodies of the Autonomous Community of Asturias. 1983, by the State Administration to modify the organic and budgetary templates according to the transfers operated.

5. Annex No 2 * gives details of the number of vacant staff and vacancies transferred in the pre-regional stage, indicating their organic level, budgetary allocation and other circumstances in which the relationship is specify.

6. The scheme of this staff will be set out in Royal Decree 1707/1982 of 24 July and in Royal Decree 2545/1980 of 21 November and other applicable provisions.

E. 3 Final assessment of the financial burdens of the services transferred.

1. The actual cost which, according to the liquidation of the expenditure budget for 1981, corresponds to the services carried over to the Community is definitively increased to thirty-five million seven hundred and fifty-one thousand (35,751,000) pesetas, in detail in the ratio number 3.1 *.

2. The cash cost which is detailed in the valuation tables will be financed in future years as follows:

Transiently, until the corresponding Law of Participation in the Tax of the State enters into force. by consolidation in Section 32 of the General Budget of the State of the credits relative to the different components of the effective cost, for the amounts indicated, which are likely to be updated by the general mechanisms provided for in each Budget Law:

* Credits in thousands of pesetas 1881 *

a) Gross costs: * *

Staff expenses * 19,608 *

Operating Expenses * 1,763 *

Investments for conservation, improvement and replacement * 14,380 *

* 35,751 *

b) There are no fees or other revenues attached to the services that are transferred.

Any differences arising during the transitional period referred to in the previous paragraph with regard to the financing of the transferred services shall be subject to the adjustment of each financial year. by the presentation of the accounts and supporting statements relating to a settlement committee which shall be set up in the Ministry of Economic Affairs and Finance.

3. The allocations and resources to finance the cash cost calculated with the data from the 1984 State Budget are related in the attached ratio number 3.2 *.

F) Effective date.

The transfers referred to in this agreement will be effective from 1 July 1983.

And for the record we issued this certification in Madrid to June 23, 1983. -The Secretaries of the Joint Commission. J. F. H. S. and F. E. G. R.

* The inclusion of this relationship is omitted.