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Royal Decree 2612 / 1982, Of 24 July, On The Transfer Of Powers, Functions And Services Of Local Administration The Administration Of The State To The Inter-Island General Council Of The Balearic Islands.

Original Language Title: Real Decreto 2612/1982, de 24 de julio, sobre transferencia de competencias, funciones y servicios de la Administración del Estado al Consejo General Interinsular de Baleares en materia de Administración Local.

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TEXT

the Royal Decree-Law eighteen/thousand nine hundred and seventy-eight, of thirteen of June, for which the pre-autonomous regime for the Balearic Islands was established, prior to the transfer of functions and services of the Administration of the State to the Inter-Island Council of the Balearic Islands.

In this sense, by Royal Decree two thousand two hundred and forty-five/thousand nine hundred and seventy-nine of seven September, certain competences in the field of the Balearic Islands were transferred to the General Council of the Balearic Islands. Local Administration.

On the other hand, the Royal Decree two thousand nine hundred and seventy/thousand nine hundred and eighty, of twelve of December, regulates the transfer of services of the State Administration and the Preautonomic Entes and the Royal Decrees two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, twelve December and two thousand three hundred and fifty-one/thousand nine hundred and eighty-one, of eighteen September, modified the functioning and composition of the Joint Committees of Transfers to the Preautonomic Entes.

In accordance with the provisions of the Royal Decree two thousand nine hundred and sixty-eight/thousand nine hundred and eighty of 12 December, the Joint Commission of Transfers of Territorial Administration, created by Ministerial Order of Twenty-five-hundred and eighty-one, after considering the desirability of homogenizing the processes of transfers to the Preautonomic Entes in the field of Local Administration, as well as the need to supplement the transfers until now, adopted at its meeting of the fifteenth day of July of a thousand nine hundred Eighty-two the appropriate agreement that the Government approves under this Royal Decree.

In its virtue, making use of the authorization contained in the fifth, c) and eleven of the Royal Decree-law eighteen/thousand nine hundred and seventy-eight, of thirteen of June, after acceptance of the General Council of Interinsular Baleares, The proposal of the Minister of Territorial Administration and after deliberation of the Council of Ministers at its meeting on the twenty-third of July of a thousand nine hundred and eighty-two, I have:

Article 1.-The proposals for the transfer of competences, functions and services of the State Administration to the Inter-insular General Council of the Balearic Islands on Local Administration, elaborated by the The Commission will also be involved in the process of the joint action programme on the implementation of the programme for the European Union.

Article 2.-One. Consequently, the powers referred to in the agreement included as Annex I to this Royal Decree and transferred to the Services and Institutions and the goods are transferred to the Inter-island General Council of the Balearic Islands. rights and obligations, as well as the staff and budgetary appropriations contained in the relations numbers one to two attached to the Joint Committee's own agreement as indicated in the terms and conditions specified therein.

Two, in Annex II to this Royal Decree the legal provisions affected by the present transfer are collected.

Article 3.-The powers and functions that are transferred in this Royal Decree shall be without prejudice to those on the same subject that were made by Royal Decree two thousand two hundred and forty-five/thousand nine hundred and seventy-nine, of seven September, to the extent that they are in force.

Article 4.-These transfers will be effective from the day one of July of a thousand nine hundred and eighty-two, indicated in the agreement of the Mixed Commission of Transfers.

FINAL PROVISIONS

First.-One. Where for the exercise of any of the powers transferred to the General Council of the Balearic Islands by this Royal Decree is mandatory and] the opinion of the Council of State, the request of the Council of State shall be agreed by the Council of State. General Inter-island of the Balearic Islands, requesting it through the Ministry specifically competence in the matter in question, who will require the State Council for its issuance.

The same procedure will be followed when the Balearic Council of the Balearic Islands agrees to hear voluntarily the Council of State in any case.

Two, except in the cases provided for in this Royal Decree, the other reports that the current legislation requires of other bodies other than the State Council will be maintained with the own character that they have established, but their The issue shall be the equivalent of the equivalent bodies which exist or are established within the General Council of the Balearic Islands.

Second.-One. Without prejudice to the application of the regulatory legislation of the subject matter of transfer by this Royal Decree, the legal regime of the acts of the Inter-insular General Council of the Balearic Islands shall be accommodated in accordance with the provisions of Law Thirty and Two/thousand nine hundred and eighty-one of ten of July, in the Law of Legal Regime of the State Administration and in the Law of Administrative Procedure.

Two Against the acts and agreements of the General Council of the Balearic Islands, the resources that are brought in accordance with the Law of Administrative Procedure may be brought in the Law of Jurisdiction. Administrative disputes and any other provisions applicable to them.

Third.-The delivery of the documentation and files in the processing of the services transferred, as well as the resolution of these and the processing and resolution of the administrative resources against acts of the Administration of the State will be realized in accordance with the provisions of the second article of the Royal Decree two thousand nine hundred and seventy/thousand nine hundred and eighty, twelve of December.

Fourth. The exercise of the powers transferred to the General Inter-insular Council of the Balearic Islands in this Royal Decree may be delegated to the Council of the Island, which shall, in the exercise of those powers, be delegated to the Council. guidelines and forecasts contained in the rules for delegation.

The delegation agreements, which will have to be published in the Official Journal of the State of the Balearic Islands, and in that of the General Council of the Balearic Islands, will be effective from the day after their publication.

Fifth.-The Inter-Island General Council of the Balearic Islands will organize the precise services and distribute among the corresponding organs the competences that are transferred by the present Royal Decree, publishing the corresponding ones agreements in the "Official State Gazette" and in the General Council of the Balearic Islands.

Sixth.-By Order of the Ministry of Territorial Administration, in any case, the precise provisions for the development and execution of this Royal Decree will be dictated.

Seventh.-The budget appropriations which are detailed in the ratio two-point two as effective casualties in the General Budget of the State for the financial year of 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 set out in Chapters IV and VII of Section 30 and two, intended to finance the services assumed by the Preautonomic Entes and Autonomous Communities once which are referred to the Department cited by the Budgetary Offices of the Ministries of the Territorial Administration and the Territorial Administration of the credit retention certificates accompanied by a brief report of those offices in order to comply with the provisions of Annex I, first. (a) point two of the Law on the General Budget of the State for a thousand nine hundred and eighty-two.

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

Given in Madrid to twenty-four in July of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The Minister of Territorial Administration, Rafael Arias-Salgado and Montalvo.

ANNEX I

Don J. F. H. S., Secretary of the Joint Commission of Territorial Administration certifies:

At the plenary session of the Commission, held on 15 July 1982, agreement was reached on the transfer to the Inter-island General Council of the Balearic Islands of the powers and functions of local administration in the terms that are reproduced below:

A) Legal provisions for reference.

The Constitution, in Article 148.1, 2, states that the Autonomous Communities may assume powers in relation to alterations of the municipal terms included in their territory and, in general, the functions that correspond to the State Administration on Local Corporations and whose transfer authorizes the legislation on Local Regime and Article 149.1, 18. reserves exclusive competence to the State on the basis of the Legal Regime of the Public Administrations and the Statutory Regime of its officials, which, in any case, will guarantee to them a common treatment before them.

The Law of Local Regime and its Regulations of Development the Law of Soil, the Law of Compulsory Expropriation and other provisions cited in Annex II attribute to the State Administration certain competences in matters of Local administration, therefore it seems necessary and it is strictly legal to reach an agreement on the transfer of competences, in the indicated matter, to the Inter-island General Council of the Balearic Islands, in order to fulfill the objectives of its creation.

B) Competences and functions assumed by the General Council of the Balearic Islands.

They are transferred to the Inter-island General Council of the Balearic Islands, within their respective territorial areas and in the terms of this agreement, the execution of the following. competencies and functions:

1. Territorial demarcation.

1.1 The segregation of part of a municipality for aggregating to another border.

1.2. Management, instruction, report and resolution of cases of alteration of municipal terms involving the creation or deletion of municipalities, without prejudice to the basic legislation of the State on Local Administration provided for in Article 142.1.18 of the Constitution.

2. Organization.

2.1. The initiation of office, ordination, instruction and approval of the files of constitution of the Municipalities of Municipalities for the support of unique places of National Bodies and the approval of its Statutes.

2.2. The approval of the accessions agreed by the Ayuntamas to an already constituted Municipal Voluntary Commonwealth and the separations, subject to the statutory forecasts.

2.3. The resolution on complaints concerning the administration of the Communities of Villa and Tierra, where they exist, and other similar Entes, and the constitution of the respective municipalities in Forzosa Grouping.

2.4. The receipt of a copy of the Statutes in force of the Communities of Villa and Earth, where they exist, and other analogous Entes, as well as of the reports on its rules of operation and copy of the modifications of those or of these.

3. Legal regime.

3.1. The concession to the Local Corporations of treatments, honors or distinctions. as well as the granting to the municipalities and islands of titles, slogans and dignity, prior to the instruction of the file, and the approval of municipal heraldic shields, prior to the report of the Royal Academy of History.

3.2. Gives, authorization for the exercise by the neighbors of the actions in the name and in the interest of the Local Entities.

3.3. The resolution of the questions of competence that arise between Local Entities belonging to the territory of the Preautonomic Ente.

4. Assets of the Local Corporations.

4.1. The adoption of the rules governing the use of communal goods.

4.2. The authorization of the awards in public auction of the enjoyment and exploitation of communal goods by price.

4.3. The declaration of urgent occupation of the goods affected by forced expropriations in files instructed by Local Corporations.

4.4. The authorization for the direct award of the right to land on land of his property for the construction of dwellings, supplemented services, industrial and commercial installations or other buildings determined in the management plans, where legal

5. Local services.

5.1. The approval of the case files for the municipality of services, under monopoly, as referred to in Article 166.1 of the Law of Local Regime.

5.2. The approval of the files for the processing of municipal services on a monopoly basis, as referred to in Article 166.1 of the Local Regime Law.

5.3. The approval of the files for the conversion of municipal services into a system of free competition with a monopoly, as referred to in Article 166.1 of the Law of Local Regime.

5.4. The approval or intervention in the cases of extinction of municipal services under monopoly, as referred to in Article 166.1 of the Law of Local Regime.

5.5. The agreement on the continuation of the kidnapping of a concessionaire of a public service until the end of the concession, in case of disobedience to the norms on the conservation of the works and facilities or of bad faith in the execution of the "

5.6. The approval of the Regulations for the health-health services of the Provincial Diputations.

6. Recruitment.

The determination of the municipalities by reason of the population for which they can be set up-type of general administrative clauses for the different classes of contracts and the approval of those type-fold.

C) Competences services and functions reserved by the State Administration.

Consequently, with the relationship of past competences, the competencies that correspond to the law will remain in the Ministry of Territorial Administration (Directorate General of Local Administration). in force, on the following subjects:

1. Organization.

1.1. Organic and economic charter.

1.2. Creation of Metropolitan Corporations and approval of its Statutes, except that the Autonomous Community has assumed this competence.

1.3. Alteration of the name and boundaries of a province.

1.4. Provincial communities affecting provinces of different Autonomous Communities or Preautonomic Entes.

2. Legal regime.

2.1. Authorization for the appointment of honorary members of the Local Corporations to foreigners.

2.2. Resolution of competition issues between Local Entities of different Entes-Preautonomics or Autonomous Communities.

2.3. Impeachment-suspension of the acts and agreements of the Local Corporations when they infringe the Law and directly affect the competence of the State.

2.4. Challenge of the agreements of the Local Corporations when they incur in violation of the legal system.

2.5. Receipt of the extract of the acts and agreements adopted by the Local Corporations within the legally established period, without prejudice, in addition, to their referral to the Autonomous Communities and Preautonomic Entes, for the purposes of the The fifth final provision of Law 40/1981 of 28 October.

2.6. Warning about the possible illegality of the Ordinance and Regulations of the Ayuntamas of the province of Madrid and Ceuta and Melilla.

2.7. Non-execution of judgments of the Jurisdiction-Administrative Jurisdiction affecting Local Corporations, where appropriate legally.

3. Intervention regime.

3.1. Dissolution of Councils, Councils and Island Councils and Provincial Diputations for damage to the general interests of the State.

3.2. Suspension in his duties of the Presidents and Elective Members of Local Corporations for serious public order reasons.

3.3. Requirement for a Local Corporation and, if applicable. adoption of the necessary measures for the enforced enforcement of the obligations imposed by the Constitution or the Laws of the State >

4. Local services.

4.1. Municipal services in the form of a monopoly which affect the general interests and their transformation and extinction.

4.2. Provincialisations of services under a monopoly.

4.3. Acquisition by a Local Corporation of more than 50 per 100 of the total shares of a Mercantile Company, if the municipality is in a monopoly regime and affects the general interest.

4.4. Statutes of the Consorcios when one of the Consorcised Entes is the State, an Autonomous Body or a Local Corporation located outside the territory of the Autonomous Community or of the Preautonomic Ente.

4.5. Grants from Corporations to Services of National Interest

5. Relations with the Local Corporations.

Technical and legal advice to the Local Corporations at their request, without prejudice to the possibility of the Autonomous Communities and the Preautonomic Entes, also at the request of those.

6. Personal.

6.1. Selection, management and administration of the National Local Administration Corps and how many other issues are reflected to them.

6.2. Reception of the agreements of the Local Corporations in the field of personnel and their statistical study.

6.3. Creation and suppression of the Municipal Police in municipalities of less than 5,000 inhabitants.

6.4. Creation and suppression of the Provincial Police Corps.

6.5. Approval of the rules that are generally and least dictated for the operation of Force Groups of Municipalities with a population of less than 5,000 inhabitants for the support of the Municipal Secretariat and, where appropriate, of the staff precise common.

7. Any other function or activity which the current legislation confers upon it or may attribute to it and which has not been expressly subject to transfer.

The related functions and competencies are assigned to the following services:

(a) To the Civil Governments as specified in paragraphs 2.3, 2.4, 2.s and 2.6.

(b) To the Local General Administration Subdirectorate of the Directorate-General for Local Administration as specified in paragraphs 1.1, 1.2, 1.3, 1.4, 2.1, 2.2; 2.3, 2.4, 25 and 2.6; as soon as they relate 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 General Staff Subdirectorate of the Directorate-General for Local Administration as 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 that are transferred.

They are not moved.

E) Staff assigned to the Services and Institutions that are transferred.

The staff assigned to the Services and Institutions transferred and referred to in the attached relationship number 1 * will continue with this membership and will depend on the corresponding Preautonomic Entes in the terms of the legally provided for by the rules in each applicable case.

The transfer shall be notified to the persons concerned by the Secretariat of the Ministry of the Interior and other competent staff. A copy of all the files of this transferred staff shall also be forwarded to the competent bodies of the Inter-island General Council of the Balearic Islands.

F) Job vacancies that are transferred.

They are not moved.

G) Provisional valuation of the financial charges for the Services transferred.

1. The effective cost of the Services transferred is pending its final calculation, which must have been completed and accepted before 1 November of the current year. The cash cost on a provisional basis appears in relations 2.1, relating to the Ministries of the Interior and the Territorial Administration.

2. The financial resources allocated to cover the expenditure incurred in respect of the performance of the Services carried over during the 1982 financial year shall comprise the following allocations.

-Budget allocations for operational expenditure coverage (details are given in the 2.2 * relations, relating to the Ministries of the Interior and the Territorial Administration), for a total of 379,320 pesetas.

H) Date of effectiveness of the transfers. Transfers of powers and transfers of resources covered by this agreement would be effective from 1 July 1982.

And for the record I am issuing this certification in Madrid to July 15, 1982.-The Secretary of the Joint Commission J. F. H. S.

* The inclusion of this relationship is omitted.

ANNEX II

Royal Decree * Legal precepts affected *

Paragraph 1.1. * Articles 12, 4, 18, 19 and 20 of the Law of Local Regime. *

* Articles 4, 4, 11, 12, 13, 14, 19, 23 and 24 of the Population and Territorial Demarcation of Local Entities Regulations. *

Paragraph 1.2 * Articles 12, 1., 2. and 3., 13, 14, 15, 16, 17 and 20 of the Local Regime Law. *

* Articles 4, 1., 2., 3., 5. 6, 7, 9, 10, 14, 15, 16, 17, 18, 20, 21 and 22 of the Population and Territorial Demarcation Regulation *

Paragraph 2.1 * Articles 2.1, al and 2, and 3.1 of the partial 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 Local Administration Officials ' Regulations. *

Paragraph 2.2 * Article 31 of the Population and Territorial Demarcation Regulation of Local Entities. *

Section 2.3. * Article 17.2 of the partial text of Law 41/1975, of Bases of the Statute of the Local Regime, approved by Royal Decree 3046 /1977, of 6 October. *

Section 2.4. * Article 70 of the Population and Territorial Demarcation Regulation of Local Entities. *

Section 3.1. * Articles 300 and 301 of the Rules of Procedure, Operation and Legal Regime of Local Corporations *

Section 3.2. * Article 371 of the Law of Local Regime. *

Paragraph 3.3 * Article 384 of the Local Regime Act. *

Section 4.1. * Article 78 of the Rules of Property of Local Entities. *

Section 4.2 * Article 192.3 of the Local Regime Act *

* Article 81 of the Local Entities ' Goods Regulations. *

Section 4.3. * Article 52 of the Compulsory Expropriation Act. *

* Article 56 of the Regulation of the Compulsory Expropriation Act. *

Section 4.4. * Article 172.1 of the recast text of the Law on Soil and Urban Planning, approved by Royal Decree 1346 /1976 of 9 April. *

Section 5.1. * Article 169 of the Law of Local Regime. *

* Article 64, 1., of the Local Corporate Services Regulation *

Section 5.2. * Article 169 of the Law of Local Regime. *

* Article 54, 1. of the Services Regulation of the Local Corporations. *

* Articles 86 and 87 of the Local Corporate Services Regulation. *

Section 5.3. * Article 169 of the Law of Local Regime. *

* Article 64, 1., of the Services Regulation of Local Corporations. *

Paragraph 5.4. * Article 169 of the Law of Local Regime. *

* Article 64, 1., of the Services Regulation of Local Corporations. *

* Articles 98 and 99 of the Services Regulation of Local Corporations. *

Section 5.5. * Article 131.2, 2., of the Services Regulation of Local Corporations. *

Section 5.6. * Article 4., numbers 4 and 5 of the Staff Regulations of the Local Health Services of 27 November 1953. *

Paragraph 6. * Article 124 of the partial text of Law 31/1975, of Bases of the Statute of the Local Regime, approved by Royal Decree 3046/1977 of 6 October. *