Key Benefits:
Royal Decree 1225/1983, of March 15, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of La Rioja.
In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the transitional provision of the Statute of Autonomy of La Rioja, this Commission, After considering its appropriateness and legality, as well as the need to carry out transfers in the field of Spatial Planning and Urbanism, it adopted at its meeting on 22 June 1983 the appropriate agreement, the practical virtue of which requires the approval by the Government, by means of Royal Decree.
In its virtue in compliance with the provisions of the fourth base of the transitional arrangement eighth of the Statute of Autonomy of La Rioja on the proposal of the Ministries of Public Works and Urbanism and of Territorial Administration After the Council of Ministers had been deliberated at its meeting on 28 December 1983, I have:
Article 1. The agreement of the Joint Committee provided for in the eighth transitional provision of the Statute of Autonomy for La Rioja dated 22 June 1983 for the transfer of functions of the State in the field of spatial planning is hereby approved. Urbanism to the Autonomous Community of La Rioja and the corresponding services and personal, material and budgetary resources necessary for the exercise of those.
Art. 2. 1. Consequently, the functions referred to in the agreement included as Annex I to this Royal Decree and which have been transferred to the services and goods, rights and obligations as well as to the Autonomous Community of La Rioja are transferred to the Autonomous Community of La Rioja. staff and budgetary appropriations which are included in the relations attached to the agreement of the Joint Committee, in the terms and conditions specified therein.
2. The legal provisions affected by this transfer are set out in Annex II to this Royal Decree.
Art. 3. The transfers referred to in this Royal Decree shall be effective from 1 July 1983, as indicated in the agreement of the Joint Committee, and all administrative acts intended for the maintenance of the services in the same system and level of operation as they had at the time of the adoption of the agreement which is transcribed as Annex 1 to this Royal Decree and which, if necessary, has been issued by the Ministry of Public Works and Urbanism until the date of publication of this Royal Decree.
Art. 4. 1. The budgetary appropriations detailed in the ratio 3.2 as in
2. The appropriations not included in the assessment of the actual cost collected in relation 3.3 shall be made available to the Autonomous Community of La Rioja, in accordance with the rules governing the management of the appropriations included in the Fund Interterritorial Compensation.
Art. 5. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.
Given at Baqueira Beret, 28 December 1983. -JUAN CARLOS R. -Minister of the Presidency, Javier Mosoco del Prado and Munoz.
ANNEX I
Don J. A. T. S. and Don J. M. M. F., Secretaries of the Joint Commission provided for in the transitional provision of the Statute of Autonomy of La Rioja, certify:
At the plenary session of the Commission held on 22 June 1983, agreement was reached on the transfer to the Autonomous Community of La Rioja of the functions and services of the State in the field of Spatial Planning and Urbanism in the terminas that are then expressed:
A) Reference to constitutional and statutory and statutory rules for the transfer.
The Constitution, in Article 148, provides that the Autonomous Communities may assume jurisdiction in matters relating to Spatial Planning and Urbanism, and in Article 149 it reserves exclusive competence to the State on various matters. materials related to those.
For its part, the Statute of Autonomy of La Rioja establishes in its article 8.1.8 that the Autonomous Community of La Rioja has exclusive competence over the matters of Spatial Planning and Urbanism.
On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of La Rioja to have powers in the areas of land management and urban planning, so it is necessary to operate already in this field transfers of powers of such kind to the same.
The recast of the Law on Soil and Urban Planning adopted by Decree 1346/1976, and other complementary provisions, such as, among others, the Regulations for Planning, Urban Discipline and Management Urban planning, they attribute to organs of the Central Administration of the State certain competences for purposes relative to the urban activity.
In the same sense, Royal Decree 2093/1979 of 3 August, approving the organic rules of the Ministry of Public Works and Urbanism, determines the functions that correspond to the Directorate General of Action Territorial and Urbanism.
As a result, it seems necessary and strictly legal to reach an agreement on the transfer of competences, in the areas indicated, to the Autonomous Community of La Rioja, in order to achieve the objectives of the its creation and to enable the constitutional requirement of the territorial organization of the designed State.
B) Functions of the State that the Autonomous Community assumes and the identification of the services that are transferred.
1. In terms of urban planning, the Autonomous Community of La Rioja, within its territorial scope, is transferred in the terms of this agreement and the Royal Decrees and other rules that make it effective and published in the Status > all the functions that the State Administration has been carrying out, except those reserved for it in paragraph C) of this Agreement.
2. The urban planning services of the Ministry of Public Works and Urbanism in La Rioja are transferred to the Autonomous Community of La Rioja, as soon as they perform the functions related to the urban activity.
C) Services and functions reserved by the State Administration.
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 they correspond, by reason of the matter, the functions that it attributes the State to the Constitution and in particular Articles 131, 138 and 149 thereof, as well as the provisions which are laid down in its development.
The functions referred to in Articles 180, 182 and 183 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 are to participate.
The following functions will be coordinated between the Ministry of Public Works and Urbanism and the Autonomous Community of La Rioja:
(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) Goods, rights and obligations of the State that are transferred.
1. The goods, rights and obligations of the State are transferred to the Autonomous Community of La Rioja, which are included in the detailed inventory in the attached relation number 1 *. These transfers are formalised in accordance with the provisions of the transitional 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 shall be signed.
F) Staff assigned to the services being transferred.
1. The staff assigned to the services and institutions transferred, and which are nominally referred to in the attached relationship number 2 *, shall become dependent on the corresponding Autonomous Community in the terms legally provided for by the Staff Regulations. Autonomy and the other rules in each case applicable under the same circumstances as specified in the ad-board relationship and with your Personal Registration number.
2. The Secretariat of the Ministry of Public Works and Urbanism will notify those interested in the transfer and its new administrative situation, so soon the Government approves the present agreement by Royal Decree. A copy of all the files of this staff, as well as of the certificates of haberes, shall also be sent to the competent bodies of the Autonomous Community of La Rioja, in respect of the amounts due during 1983, by the State Administration to modify the organic and budgetary templates according to the operated transfers.
G) Job vacancies that are moved.
The job vacancies to be transferred are those detailed in the attached number 2 * relationships, with an indication of their corresponding budget allocation.
H) Final assessment of the financial burdens of the services transferred.
1. The actual cost, which, according to the expenditure clearance for 1981, corresponds to the services which are transferred to the Autonomous Community, is definitively raised to 12,584,000 pesetas, according to detail in the ratio 3.1 *.
2. The financial resources intended to cover the costs incurred in the performance of the services carried over during the 1983 financial year shall include
following allocations:* Pesetas *
Budget allocations for cash cost coverage (its detail appears in the ratio 3.2 *) * 15,154,000 *
Investment in urban planning (its detail appears in the ratio 3.3 *) * 3.800,000 *
3. In 1983, the amount corresponding to the investments referred to in point 2 above, for a total of 3.800 pesetas, shall be made available to the Autonomous Community of La Rioja, subject to its allocation by the following item: budget:
Budget Concept * Naming * Amount *
33.16.751 * Directorate-General for Coordination with Territorial Haciendas. La Rioja. Competition projects of the Autonomous Community-Urbanism * 3.800,000 *
This credit will be financed with the following concept of the current budget of the Ministry of Public Works and Urbanism.
Budget Concept * Naming * Amount *
33.16.635 * Urban developments * 3.800,000 *
In order to proceed with the previous budgetary changes, this Royal Decree will be justified as sufficient justification.
4. The actual cost as detailed in the assessment tables 3.1 will be financed in future years as follows:
4.1. As long as the corresponding Law on participation in the State Tax is not in force, through consolidation in Section 32. of the General Budget of the State of the appropriations relating to the various components of the effective cost, for the amounts indicated, which may be updated by the general mechanisms provided for in each budget law.
* 1981 pesetas credits *
a) Gross costs:
Staff expenses * 7,054,000 *
Operating expenses * 587,000 *
Reorder Investment * 4.943,000 *
Net Financing * 12,584,000 *
4.2 The possible differences that occur during the transitional period, as referred to in paragraph 4.1 with respect to the financing of the transferred services, will be subject to regularisation at the end of each financial year. by the presentation of accounts and supporting statements relating to a settlement commission which shall be lodged at the Ministry of Economic Affairs or Finance.
I) Documentation and records of the services being transferred.
The delivery of the documentation and files of the transferred services will be carried out within one month of the approval of this Agreement by the Council of Ministers and the resolution of those who are in the process, shall carry out in accordance with Article 8. of Royal Decree 1225/1983 of 16 March.
J) Date of effectiveness of transfers.
The transfers of functions and services and the transfers of means covered by this Agreement will be effective from 1 July 1983.
And for the record we issued this certification in Madrid to June 22, 1983. -The Secretaries of the Joint Commission, J. A. T. S. and J. M. M. F.
ANNEX II
Legal provisions affected by the transfer of land management services and urban planning to the Autonomous Community of La Rioja
Recast text of the Law on Soil and Urban Planning, approved by Decree 1346/1976 of 9 April.
Regulation of Forcible Building, approved by Decree 635/1964 of 5 March.
Decree 1744/1966, of June 30 on the benefits of the Urban Contribution.
Royal Decree 1374/1977, of June 2, on streamlining in the formation and execution of the Planning Plans.
Law 197/1963, of December 28, on Centers and Zones of National Tourist Interest.
Royal Decree 2159/1978 of 23 June, approving the Planning Regulation.
Urban Discipline Regulation, approved by Royal Decree 2187/1978 of 23 June.
Urban Management Regulations, approved by Royal Decree 3288/1978 of 25 August.
Royal Decree-Law 16/1981 of 16 October on the adaptation of the General Plans for Urban Planning.
The Central Planning Commission will continue to perform its functions under the current urban legislation until the establishment of the advisory body of the Autonomous Community in the field of Urbanism.
The Provisional Commission of Urbanism becomes dependent on the Autonomous Community, so the Presidency will be performed by the person designated by the Autonomous Community, without prejudice to the rest of its composition, as well as As they operate, they are in line with the provisions of Royal Decree 2682/1978 of 1 September 1978, until the composition of the Royal Decree is amended, in order to bring it into line with the competences and organization of the Autonomous Community, taking into account the provided for in the fourth final provision of the Soil Law shall be made by the Community Decree Autonomous, after obtaining the opinion of the State Council.
* The inclusion of this relationship is omitted.
