Royal Decree 3036/1982, Of 24 July, On The Transfer Of Powers, Functions And Services Of The Government To The General Council Of Castilla Y Leon In Local Administration.

Original Language Title: Real Decreto 3036/1982, de 24 de julio, sobre transferencias de competencias, funciones y servicios de la Administración del Estado al Consejo General de Castilla y León en materia de Administración Local.

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Royal Decree-Law twenty/thousand nine hundred seventy-eight, thirteen June whereby it was established for Castile and León autonomic regime foresaw the transfer of functions and services of the Government to the General Council of Castilla and León.


In this sense, by Decree three thousand five hundred thirty and two/thousand nine hundred eighty-one, twenty-ninth day of December, certain competences in the field of local administration were transferred to the General Council of Castilla and León and also the corresponding services and personal, material and budgetary resources were transferred.


On the other hand, the Royal Decree two thousand nine hundred and seventy/one thousand nine hundred and eighty, on 12 December, regulates the transfer of services from the Government to the pre-autonomous bodies, and Royal Decrees two thousand nine hundred sixty and twentieth-century, 12 December, eighty two thousand three hundred and fifty eight/thousand and one/thousand nine hundred eighty-one of 18 September they modified the functioning and composition of the mixed commissions for transfers to the pre-autonomous bodies.


In accordance with the provisions of Royal Decree two thousand nine hundred sixty eight/thousand nine hundred eighty two in December, the Joint Commission of transfers of Territorial Administration created by ministerial order of twenty five of March one thousand nine hundred eighty-one, consider the convinencia of homogenizing processes of transfer pre-autonomous bodies in Local Administration as well as the need to complement the transfers so far carried out, adopted, at its meeting of the fifteen day of July, one thousand nine hundred and eighty-two, the timely agreement which the Government approves under this Royal Decree.


By virtue, making use of the authorisation contained in the articles sixth, c), and final disposition of Royal Decree-Law twenty/thousand nine hundred seventy-eight, on 13 June, prior acceptance of the General Council of Castile and Leon, on the proposal of the Minister for Territorial Administration and previous deliberation of the Council of Ministers at its meeting of the 23 day of July, one thousand nine hundred and eighty-two , I have: article first.-approve proposals for transfers of competences, functions and services of the Government to the Board of Castile and Leon, in the field of local administration made by the relevant Joint Committee of transfers, as well as the transfer of accurate personal, budgetary and economic means for the exercise of those.


Second article.-one. En_consecuencia are transferred to the General Council of Castilla and León competencies referred to in the agreement which is included as annex I of this Royal Decree and transferred to the same services and institutions and assets, rights and obligations, as well as the person) and appropriations which appear in the relationship number one attached to the agreement itself of the Joint Committee indicated in the terms and conditions that are specified there.


Two. In Annex IIA and present Royal Decree refers to the legal provisions affected by this transfer.


Article three.-the powers and functions which are transferred in the present Royal Decree, shall be without prejudice of which on the same subject were made by Decree two thousand five hundred thirty and two/thousand nine hundred eighty-one, twenty-ninth day of December, as are in force.


Fourth article.-these transfers will be effective starting from the one day of July, one thousand nine hundred and eighty-two, date designated in the agreement on the Joint Commission of transfers.


FINAL provisions first.-one. When to exercise any of the powers transferred to the General Council of Castilla and León by this Royal Decree the opinion of the Council of State is mandatory, the same request will be agreed by expressed General Council Castille and León, requesting it through the Ministry specifically competent in the matter in question who will require the Council of State for its issuance.


Same procedure shall be followed when the General Council Castille and Leon agrees hearing voluntarily to the Council of State on any record.


Two. Except in the cases provided for in the present Royal Decree, other reports requiring by legislation of other bodies, other than the Council of State, will remain with the character that have established, but its broadcast will correspond to the equivalent bodies which exist or are created within the General Council of Castilla and León.


Second.-one without prejudice to the application of the legislation regulating the subject matter of transfer by this Royal Decree, the legal regime of the acts of the General Council of Castilla and León be accommodated to provisions of the Act thirty-two/one thousand nine hundred and eighty-one, of 10 July, on the legal regime for the administration of the State law and in the administrative procedure.


Two. Resources that are coming in accordance with provisions in the law on administrative procedure, the law of the administrative litigation jurisdiction and any other provisions which are applicable may be brought against acts and agreements of the General Council of Castilla and León.


Third.-the delivery of documentation and records in processing of the transferred services, as well as the resolution of these and the processing and resolution of the administrative appeals against acts of the administration of the State will be held in accordance with the provisions of the second article of the Royal Decree two thousand nine hundred and seventy/thousand nine hundred and eighty, 12 December.


Fourth.-the exercise of the powers transferred to the General Council of Castilla and Leon in the present Royal Decree may be delegated, where applicable, by the latter to the provincial councils included within its territorial scope, which must comply, in the exercise of these powers, the guidelines and provisions contained in the rules of delegation.


Agreements delegation, which shall be published on the and the of the Council General of Castilla and León will be effective starting from the day following its publication in that fifth-General Council of Castilla and León will organize services precise and distributed among the relevant bodies the competences transferred by the present Royal Decree publishing relevant agreements on the and the of the Council General of Castilla and León.


Sixth.-by order of the Ministry of Territorial Administration is will dictate the precise arrangements for the development and execution of the present Royal Decree.


Seventh.-the budget appropriations listed detailed in you relationship one point two, such as low, effective in the General State budget for the year one thousand nine hundred and eighty-two, will be discharged in the concepts of origin and transferred by the Ministry of finance to the concepts provided in chapters IV and VII of section thirty and two intended to finance services borne by autonomous communities and the pre-autonomous bodies once be forwarded to the Department quoted from the budget offices of the ministries of the Interior and administration Territorrial retention credit certificates accompanied by a succinct report of those offices to comply with the provisions of annex I, first. (paragraph a), point two, of the law of the State budget for one thousand nine hundred and eighty-two.


Eighth.-this Royal Decree shall enter into force the day of its publication in the.


Given in Madrid to twenty-fourth of July of the year one thousand nine hundred and eighty and two.-JUAN CARLOS r.-the Minister of Territorial Administration, Rafael Arias-Salgado Montalvo annex I Don J. F. H S., Secretary of the Joint Commission for Territorial Administration, certifies: that at the plenary meeting of the Commission held on July 15, 1982, was adopted the agreement on the transfer to the General Council Castille and León de competences and functions in administration Local, in terms which are reproduced below: A) legal provisions reference the Constitution in article 148, 1 and 2., establishes that the autonomous communities may assume competence for alterations of the terms us municipal covered in its territory and in general the functions that correspond to the Government about local corporations and whose transfers authorised by legislation on local government and Article 149, 1.18, reserved for the State exclusive competence on the basis of the legal regime of public administrations and of the statutory regime of its officials which, in any case, will guarantee to the managed a common treatment to them.


The Local Government Act and its regulations of development, of the land law, the law of compulsory expropriation and other provisions referred to in annex II attributed to the Government certain powers of Local Administration, so it seems to be necessary and is strictly legal to reach an agreement on the transfer of powers, the indicated Thus the Council General of Castilla and Leon, to para cumplir meet the objectives of its creation.


B) competence and functions which assumes the Council GENERAL of CASTILE and of LEON is transferred to the General Council of Castilla and León, within their respective territorial scope and under the terms of this agreement, the execution of the following functions and duties: 1. territorial demarcation.



1.1. the segregation of part of a municipality to add it to another border.


1.2 management, instruction, report and resolution of the records of alteration of municipal terms involving the creation or elimination of municipalities, without prejudice to what is available to the Basic Law of the State on Local Administration set out in article 149, 1, 18, of the Constitution.


2. Organization.


2.1. the initiation of trade, management, instruction and approval of records of Constitution of grouping of municipalities for the support of unique places of national bodies and approval of its statutes.


2.2. the Constitution of the associations of provinces within the scope of the territorial jurisdiction of the autonomic and the adoption and modification of its statutes.


2.3. the approval of the accessions were agreed by councils to a voluntary Municipal Commonwealth is constituted and separations, subject to the statutory provisions.


2.4. the resolution on claims relating to the administration of the communities of Villa and land where they exist, and other similar entities, and the Constitution of the respective municipalities in forced pooling.


2.5. the receipt of a copy of the statutes in force of the communities of Villa and land, where attendance, and other entities analogues as well as reports on its operation and copy of amendments of those or these rules.


3. legal regime.


3.1. the grant to the local corporations of treatments honors or distinctions, as well as the granting to the municipalities and provinces of titles, slogans and dignities, previous record instruction and the approval of municipal heraldic shields, following a report from the Royal Academy of history.


3.2. the authorization for the exercise by the neighbours of the shares in name and in the interest of the local authorities.


3.3. the resolution of questions of jurisdiction arising between local entities belonging to the territory of the regional actual entity.


4. goods of local corporations.


4.1. the adoption of the rules governing the forms of exploitation of community property.


4.2. the authorization of allotments in a public auction of the enjoyment and use of goods community, through price.


4.3. the statement of urgent occupation of property affected by forced expropriations in records instructed by local corporations.


4.4. the authorization for the direct award of the surface rights on grounds of their property, bound for the construction of housing, complementary services, industrial and commercial facilities, or other certain buildings in management plans, where legally necessary.


5. local services.


5.1. the approval of records of municipalization of services, monopoly, which referred to article 166, 1 of the Local Government Act.


5.2. the approval of records of transformation of municipal services monopoly, which referred to article 166, 1. the Local Government Act.


5.3. the approval of records of transformation of services municipal regime of free competition to monopoly referred to that article 166, 1 of the Local Government Act.


5.4. the approval or intervention in the records of extinction of municipal services monopoly, > which referred to article 166, 1, of the law on Local Government.


5.5. the agreement on the continuation of the kidnapping of a concessionaire of a public service, until the end of the concession, in the case of disobedience to the rules on conservation of the works, installations or in bad faith in the implementation of the same.


5.6. the approval of the health benefit services regulations of the Councils.


6. recruitment.


The determination of the municipalities on the basis of the population for which can be managed clauses pliegos-tipo General for different kinds of contracts and the approval of such pliegos-tipo.


(C) skills, services and functions that is reserve the administration of the State in consequence, with the ratio of transferred competences, will remain in the Ministry of Territorial Administration (Directorate General of Local Administration) competences that correspond, in accordance with the law, on the following matters: 1. Organization.


1.1. Economic and organic menu.


1.2 Metropolitan corporations creation and approval of its statutes, except that notion has assumed the autonomous community this competition 1.3. Alteration of the name and of the limits of a province 1.4. Provincial associations that affect provinces of different autonomous communities or pre-autonomous bodies.


2. legal regime.


2.1. authorisation for the appointment of honorary members of local corporations to foreigners.


2.2. resolution of the issues of competition between local entities of different pre-autonomous bodies or communities autonomous 2.3. Impugnacion-suspension of acts and agreements of local corporations when they violate the law and directly affect the competence of the State.


2.4 challenges to the agreements of local corporations when they engage in infringement of the legal system.


2.5 receipt of the summary of the acts and decisions adopted by the Corpo rations premises within the time legally established, without prejudice to addition. your referral to the autonomous communities and the pre-autonomous bodies, for the purposes specified in the fifth final provision of the law 1/1981, dated October 28.


2.6. warning about the possible illegality of Ordinances and regulations of the municipalities of the province of Madrid and Ceuta and Melilla.


2.7 nonperformance of judgments of the administrative courts which affect local corporations, when legally applicable 3. Intervention regime.


3.1. dissolution of city councils, councils and Island Councils and councils by harmful management for the general interests of the State.


3.2 suspension in their roles of Presidents and elected members of local corporations for serious reasons of public order.


3.3 requirement to a Local Corporation and, where appropriate, the necessary measures for the forced compliance with the obligations imposed by the Constitution or the laws of the State.


4. local services.


4.1 municipalizaciones of services monopoly affecting the general interests, as well as its transformation and extinction.


4.2 Provincializaciones of monopoly services.


4.3. acquisition by a Local Corporation of more than 50 per 100 of the total of shares of a company, if the municipalization is monopoly and affects the general interest.


4.4. statutes of the consortia when one of the Consortium entities is the State, an autonomous agency or a Local Corporation located outside the territory of the autonomous community or of the autonomic.


4.5. grants from corporations to services of national interest.


5. relations with local corporations.


Technical and legal advice to local governments at the request of the same, without prejudice that can give the autonomous communities and the pre-autonomous bodies, also at the request of those.


6 staff.


6.1 selection, management and administration of the national bodies of Local Administration and any other issues relating to them.


6.2 receipt of agreements of local corporations in the field of personnel and its statistical study.


6.3 creation and deletion of the Municipal police in towns of less than 5,000 inhabitants.


6.4 creation and suppression of provincial police forces.


6.5 approval of standards that are handed down for the operation of forced groups of municipalities with population of less than 5,000 inhabitants for the support of the Municipal Secretary and, where appropriate, with general and minimum common staff necessary.


7. any other function or activity that legislation attributed him or can give it and which has not been object expressly transfer.


Functions and related competencies are mapped to the following services: to) to civilian Governments specified in paragraphs 2.3, 2.4, 2.5 and 2.6.


(b)) to the General Sub-Directorate of Local regime of the General direction of Local Administration specified in paragraphs 1.1, 1.2, 1.3, 1.4, 2.1 2.2: the 2.3, 2.4, 2.5 and 2.6 in terms of relating to the city of Madrid; 2.7, 3.1, 3.2, 3.3, 4.1, 4.2. 4.3, 4.4, 4.5 and 5.


(c) to the staff of General Subdirectorate of the General direction of Local Administration specified in paragraphs 2.7, 5. 6.1, 6.2, 6.3, 6.4 and 6.5.


(D) goods, rights and obligations of the State which is transferred not drama.


E) staff attached to the services and institutions which is cross not drama.


F) jobs of job vacancies that are cross not drama.


(G) ASSESSMENT PPOVISIONAL LOADS TRANSFERRED SERVICES G.1 FINANCIAL. The effective cost of the transferred services remains the definitive calculation, which must have been completed and adapted before 1 November of the current year. The cost effective provisional appear in relations 1.1 * relating to the ministries of the Interior and Territorial Administration.



G.2. the financial resources allocated to the costs arising from the performance of services which are transferred during the period of 1982 shall include the following provisions:-budgetary allocations for coverage of operating costs (your detail collects relations 1.2 *, in the ministries of the Interior and Territorial Administration), amounting to a: 717.648 pesetas.


(H) effective date of transfer of skills transfers and transfers of media object of this agreement would be effective from July 1, 1982.


And for the record, I hereby present certification in Madrid July 15, 1982-the Secretary of the Joint Committee.


* Omitted inclusion of these relationships.


Annex II affected legal precepts 1.1 section. Articles 12, 4.; 18, 19 and 20 of the Local Government Act.


Articles 4.4. 11, 12, 13, 14, 19. 23 and 24 of the regulation of population and Territorial demarcation of the local entities.


Paragraph 1.2. Articles 12, 1., 2. and 3.; 13, 14, 15, 16, 17 and 20 of the Local Government Act.


Articles 4. 1., 2. and 3.; 5, 6, 7, 9, 10, 14, 15, 16, 17, 18. 20, 21 and 22 of the regulation of population and Territorial demarcation.


Section 2.1. Articles 2, 1, a) and 2 and 3, 1 partial articulated text of law 41/1975 of Bases of the Statute of Local regime, approved by Royal Decree 3046/1977, of 6 October.


Article 188 of the rules of civil servants of Local Administration.


Paragraph 2.2. Articles 18 to 22 of the articulated text of law 75 of Bases of the Statute of Local regime approved by Royal Decree 3046/1977, of 6 October.


Paragraph 2.3. Article 61 of the rules of population and Territorial demarcation of the local entities.


Section 2.4. Article 17, 2, the articulated partial text of law 41/1975 of Bases of the Statute of the Local regime approved by Royal Decree 3046/1977, of 6 October.


Paragraph 2.5. Article 10 of the regulation of population and Territorial demarcation of the local entities.


Section 3.1. Articles 300 and 301 of the rules of organization, operation and status of the local corporations.


Paragraph 3.2. Article 371 of the Local Government Act.


Section 3.3. Article 384 of the Local Government Act.


Section 4.1 article 78 of the regulation of property of the entities local.


Paragraph 4.2. Article 192, 3, of the law on Local Government.


Article 81 of the regulation of goods from local authorities.


Paragraph 4.3. Article 52 of the law on compulsory expropriation.


Article 56 of the rules of the compulsory purchase Act.


Section 4.4. Article 172, 1, of the revised text of the regime of the soil and urban planning act approved by Royal Decree 134 1976, of 9 April.


Section 5.1. Article 169 of the law on Local Government.


Article 64, 1., the regulation of services of local corporations.


Article 5.2. Article 169 of the law on Local Government.


Article 64.1. the regulation of services of corporations local articles 96 and 97 of the regulation of the services of local corporations.


Section 5.3. Article 169 of the law on Local Government.


Article 64.1. the regulation of services of local corporations.


Paragraph 5.4 Article 169 of the law of Local Government.


Article 64.1. the regulation of services of local corporations.


Articles 98 and 99 of the regulation of the services of local corporations.


Paragraph 5.5. Article 131, 2, 2., the regulation of services of local corporations.


Paragraph 5.6. Article 4. numbers 4 and 5 of the staff regulations of 27 November 1953 local health services.


Paragraph 6. Article 124 of the articulated partial text of law 41/1975 of Bases of the Statute of the Local regime approved by Royal Decree 3046/1977, of 6 October.

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