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Royal Decree 1763 / 1982, Of 24 July, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of Galicia In Education.

Original Language Title: Real Decreto 1763/1982, de 24 de julio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de Galicia en materia de educación.

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TEXT

The Royal Decree five hundred and eighty-one-thousand nine hundred and eighty-two, of twenty-six February, determined the rules and the procedure to which the transfers of powers, functions and services of the State to the Autonomous Community of Galicia. Consequently, in accordance with the provisions of the Royal Decree cited, also regulator of the operation of the Joint Commission of Transfers provided for in the transitional provision fourth of the Statute of Autonomy of Galicia, the expressed After considering its appropriateness and legality, the commission adopted at its meeting on the 19th of July a thousand nine hundred and eighty-two the appropriate agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, on the proposal of the Ministers of Education and Science and of Territorial Administration and after deliberation of the Council of Ministers at its meeting of the twenty-third of July of a thousand nine hundred and eighty-two, I have:

Article 1.-The Agreement of the Mixed Commission of Transfers of Galicia dated 19 July of a thousand nine hundred and eighty-two is approved, with the transfer of powers and functions of the State in the field of Non-university education to the Autonomous Community of Galicia and the corresponding Services and Institutions and personal, material and budgetary resources necessary for the exercise of those services.

Article 2. -Consequently, the competences referred to in the Agreement, which is included as an annex to this Royal Decree and transferred to it the Services and the Services, are transferred to the Autonomous Community of Galicia. Institutions and assets, rights and obligations, as well as staff, budgetary appropriations and documentation and dossiers which are listed in the relations numbers one to three attached to the agreement of the Joint Committee indicated on the terms and conditions specified therein.

Article 3.-The transfers referred to in this Royal Decree shall be effective from one July of one thousand nine hundred and eighty-two, as indicated in the Agreement of the Joint Commission, with the effect of validating these effects all the administrative acts dictated by the Ministry of Education and Science up to the date of publication of this Royal Decree.

Article 4.-One. The budgetary appropriations, which are detailed in the three-point relations two as they are effective in the general budget of the State for the financial year of a thousand nine hundred and eighty-two, will be discharged from the concepts of origin and transferred by the Ministry of Finance and 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 they are sent to the Department cited by the Budget Office of the Ministry of Education and Science credit retention certificates, accompanied by a succinct report by that Office, in order to comply with the provisions of point two of Annex I, first subparagraph (a) of the General Budget Law for a thousand nine hundred and eighty years; and two.

Two. Appropriations not included in the assessment of the actual cost, collected in relations three point three, shall be delivered directly, without the need for budgetary changes of any kind, by the Ministry of Education and Science and the autonomous bodies referred to in the aforementioned relations three point three to the Autonomous Community of Galicia, whichever is the final recipient of the payment, so that this Autonomous Community can dispose of the funds with the the time required to make the relevant provision effective within the same period of time as it was produced.

Article 5.-This Royal Decree shall enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to twenty-four of July of a thousand nine hundred and eighty-two.-JUAN CARLOS R. -Minister of the Presidency Matias Rodríguez Inciarte.

ANNEX

Don J. E. D. G. and Don J. P. R., Secretaries of the Mixed Commission of Transfers of Galicia, certify:

At the plenary session of the Commission, held on 19 July 1982, an agreement was reached on transfers to the Autonomous Community of Galicia in respect of non-university education, functions and services in the Member States. terms that are then expressed:

A) REFERENCE TO CONSTITUTIONAL AND STATUTORY AND STATUTORY RULES FOR TRANSFER

The Constitution, in Article 148, provides that the Autonomous Communities may assume powers in the field of conservatories of regional interest, as well as the promotion of the teaching of their own language, and Article 149 reserves the exclusive competence to the State on the regulation of the conditions for obtaining, issuing and approving academic and professional titles and basic standards for the development of Article 27 of the Constitution, in order to guarantee the compliance with the obligations of the public authorities in this field, on the other hand, the Staff Regulations In the case of the Autonomous Community of Galicia, it is the responsibility of the Autonomous Community of Galicia to be fully responsible for the regulation and administration of education throughout its extension, levels and degrees, modalities and specialties, in the the scope of its powers, without prejudice to the provisions of Article 27 of the Constitution and the Organic Laws which, under the first paragraph of Article 81 thereof, develop it, of the powers conferred on the State by the number 30 Article 149 (1) of the Constitution and the high inspection necessary for its compliance and guarantee.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have competence in non-university teaching matters, and therefore it is necessary to operate in this area. This is the case for the transfer of powers of such a kind to the same, thus initiating the process of transfer in the field of education and science.

As a result, it seems necessary and strictly legal to reach an agreement on the transfer of competences, in the areas indicated, to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) COMPETENCIES AND FUNCTIONS ASSUMED BY THE AUTONOMOUS COMMUNITY AND IDENTIFICATION OF THE SERVICES BEING TRANSFERRED

It is transferred to the Autonomous Community of Galicia, within its territorial scope, in the terms of this agreement and of the Decrees and other rules that make it effective and published in the "Official State Gazette" and in the , the following competencies:

(a) The competencies, functions and services, as well as the staff assigned to them, carried out by the current Provincial Directorates of the Ministry of Education and Science in La Coruña Lugo, Orense and Pontevedra, including the concentrated on the provisions in force, which are contained in the relations which are incorporated into this Agreement.

b) Provincial Basic Education Inspections of the State of the four Galician provinces, including school and vocational guidance services functionally attached to them: the Technical Inspection of Training Professional of the aforementioned provinces and the Baccalaureate Inspectorate of the State of the University District of Santiago de Compostela. In all cases, their inherent faculties, functions and services are included.

c) The dependency, the administrative ownership and, where appropriate, the property and other real rights which the State has on the buildings and facilities of all the public centres of Galicia, both ordinary and special arrangements other than those which are the subject of an agreement with the Ministry of Defence, relating to:

-Pre-school Education.

-Special Education.

-Basic General Education.

-Home-Listen.

-Permanent Adult Education.

-First and Second Degree Professional Training

-Baccalaureate.

-Specialized Teachings.

-Schools of Applied Arts and Arts.

-Official Language Schools.

-Music Conservatories of interest to the Community.

-Institutes of Educational and Professional Guidance.

-Integrated Teaching Centers.

-Experimental Centers.

(d) The powers relating to the setting up, modification, conversion. classification, transfer, closure, deletion, legal and administrative arrangements of the centres, sections and public units, both of ordinary and special arrangements, as well as of experimental and distance learning in their own various embodiments.

(e) The powers, functions and powers conferred on the Ministry of Education and Science by the private centres.

(f) With respect to the transferred personnel, the acts of administration of personnel resulting from the relationship between the officials and the Autonomous Community. within their territorial scope, and among them the following:

-The specific notice and provision of vacancies in the Autonomous Community, including the appointment of Courts, within the general selective tests that the Central Administration of the State has called, prior to agreement with the Community, as far as these vacancies are concerned, as well as the establishment, where appropriate, of linguistic and cultural peculiarities.

-The call and resolution of the transfer competitions. within the scope of the Autonomous Community, in accordance with the rules laid down by the Community itself and those of a general nature to be agreed with the Autonomous Communities.

-The appointments and cesses of officials to fill jobs.

-The appointments to provide interim vacancies, as well as the ability to formalize temporary collaboration contracts.

-The improvement of officials in the field of the Autonomous Community.

-Concession of compatibilities.

-Triennial recognition.

-Recognition of administrative situations, which will be given to the Central State Administration.

-Grant of licences and permits, even outside the scope of the Community.

-Concession of service commissions.

-Work and vacation arrangements.

-Execution of the remuneration scheme.

-Recognition of allowances and travel expenses, even outside the scope of the Community.

-Concession of rewards and rewards.

-Initiation, processing and resolution of disciplinary files,. except the resolution of those who assume the definitive separation of the service

-Resolution of administrative resources and execution of judgments in personnel matters in the field of their competence.

-Selection and appointment of Directors of Public Centers and other management positions, in accordance with applicable law

-Any other acts of administration of personnel arising out of the organic relationship between the officials and the Autonomous Community and which do not correspond to the State by express legal provision.

g) The elaboration, approval and execution of plans, programs, norms and pedagogical guidelines that develop and complement the minimum teachings established by the State within the general management of the educational system. This is without prejudice to the provisions of Article 3 of the Constitution and Articles 5 and 27.20 of the Statute of Autonomy of Galicia, regarding the use of the Galician language in teaching.

h) The elaboration, approval and execution of plans, programs and pedagogical guidelines for the teaching of the Galician language.

i) The elaboration and development of educational experimentation and research plans and projects

j) The approval of the textbooks and other teaching materials and pedagogical guidelines referred to in paragraphs (g) and (h) and which must be used in Galicia, without prejudice to the powers reserved by the State in relation to the minimum teachings

k) The edition of the Books of School, according to the conditions regulated by the State.

i) The elaboration, approval and execution of programs of investments in teaching, in intimate connection with the peculiar and specific problems of Galicia, according to the economic planning generated by the State

m) The elaboration, supervision, approval, hiring and execution of new construction projects, reform, extension or improvement of the existing ones, as well as the endowment and equipment concerning the public centers. Call for and resolution of competitions and projects of buildings and material. The establishment of rules on the drafting of technical projects. The technical and economic specifications of the material and furniture, the elaboration and execution of projects of an experimental nature, The evaluation of the execution of the school buildings.

n) The processing and resolution of the dossiers for the granting of grants to the private centers, as well as their revocation, taking into account the general criteria that lay down the provisions of the State and, where appropriate, the Autonomous Community itself. Also, the processing and resolution of grants to the construction and equipment of these centers.

o) The processing and proposal of declarations of social interest and the preferential social interest of the construction, transformation or expansion of private schools.

p) Skills relating to school transport, school canteens, school canteens, school holidays, school holidays and those of the Ministry of Education and Science in the field of cotes and mutual societies. school.

q) The protectorate on the teaching foundations of Galician interest, The resolutions on constitution, modification of statutes and extinction will be published in the . and in the Official Journal of the State.

r) The management of scholarships and study aids included in the investment plans of the National Institute of Student Assistance and Promotion, in accordance with the criteria established by the Central State Administration

s) The registration of all public and private centers in the territorial area of Galicia, to which the Board will establish its own registry.

t) The competencies, functions and services that correspond to the autonomous agencies that are dependent on the Ministry of Education and Science, and which are detailed in the relations attached.

C) COMPETENCIES, SERVICES AND FUNCTIONS RESERVED BY THE STATE ADMINISTRATION

Consequently, with the relationship of past competences, they will remain in the Ministry of Education and Science and will continue to be of their competence to be exercised by the same the following functions and activities legally attributed and perform the services cited.

(a) The regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of their rights and duties in matters of education, in accordance with Article 149.1.1 of the Constitution.

b) The elaboration of the basic norms for the development of Article 27 of the Constitution, without prejudice to the competence of the Galician Autonomous Community for the legislative development, implementation and application of the legislation of the State in this field.

c) The general planning of investment in education within the scope established by Article 131 of the Constitution, in accordance with the provisions of the Autonomous Community.

d) The general management of the educational system of application throughout the national territory, in particular:

-The determination of the duration of compulsory schooling.

-The regulation of levels, degrees, specialties. courses and methods of teaching, as well as the number of courses in each case, and the requirements for access from one level of education to another.

-The establishment of the basic characteristics of the Book of School, which is established on a compulsory and general basis for each level of education.

e) The fixing of the minimum teachings referred to in the additional provision 2, b), of the Organic Law 5/1980, of the Head of State, of June 12, for which the Statute of School Centres is regulated.

f) The approval of textbooks and other teaching materials in which the curricula and pedagogical guidelines of the minimum teaching are carried out, without prejudice to the competences of the Autonomous Community Gallega, as referred to in point (j) of paragraph B.

g) The establishment of the basic regulation and the determination of the minimum requirements to be met by the teaching centres, as well as all their facilities.

(h) The regulation of the other conditions for obtaining, issuing and approval of academic and professional qualifications valid throughout the Spanish territory, as well as the determination of the academic and professional effects of Similarly, the regulation of the conditions for the validation of studies and academic and professional qualifications,

i) The regulation of the basic conditions that guarantee the right and the duty to know the Spanish language, without prejudice to the competence of the Autonomous Community of Gallega for the elaboration of norms and the adoption of measures are necessary to guarantee the right of the citizens of Galicia to the use and knowledge of the two official languages.

j) Call, award and renewal of grants and study aids

k) The Protectorate on national and international teaching foundations.

1) Construction, project management and allocation of Special Administration Centers that are the subject of agreement with the Ministry of Defense as well as the Schools of Texas.

m) The ownership and administration of the State Centers abroad and the legal regime of the foreign centers in Spain.

n) The ownership and administration of the National Center for Basic Distance Education and the National Institute of Baccalaureate at Distance.

or) The registration of all the teaching centers in the Registry under the Ministry of Education and Science.

p) The acts of administration of personnel, not attributed to the Autonomous Community, as well as the establishment of general rules of coordination, effective programming, remuneration. working arrangements and any other matters which are necessary to ensure the equality of State officials, transferred to the various Autonomous Communities, without prejudice to the rules which are laid down in the development of the provisions of Article 149.1.18 of the Constitution.

q) The development of teaching statistics for state purposes, to which the Autonomous Community will provide the data for its implementation. Similarly, the Central Administration of the State shall provide the Autonomous Community with all the data necessary for the aforementioned purposes.

(r) Bilateral and multilateral international cooperation in the field of education. In the exercise of these powers, the Central Administration of the State shall take into account the provisions of Article 7.2 of the Statute of Autonomy Gallego.

s) The High Inspectorate in accordance with those established in the additional provision two of the Organic Law of Statutes of School Centers and in Article 31 of the Statute of Autonomy of Galicia.

D) FUNCTIONS IN WHICH THE STATE ADMINISTRATION AND THAT OF THE AUTONOMOUS COMMUNITY AND THE FORM OF COOPERATION ARE TO BE PRESENT

They will be developed in coordination between the Ministry of Education and Science and the Autonomous Community of Galicia, in accordance with the mechanisms that are indicated in each case, the following functions and competencies:

(a) The coordination between the registers of teaching centres to which the Galician Ministry of Education will send to the Ministry of Education and Science the precise data in order to update the Registry dependent on the Likewise, the Central Administration of the State shall transmit to the Autonomous Community how many reports are requested by the Autonomous Community.

b) The cooperation of the Central Administration of the State with the Autonomous Community of Galicia in the operations necessary for the development of the computer logical.

c) The maintenance of computerized data banks of staff, centres and documentation of joint use, for the purposes of the Ministry of Education and Science the Ministry of Education and Science corresponding to its territorial scope.

d) The Central Administration of the State and the Autonomous Community shall establish collaborative formulas to ensure the exercise of the linguistic rights of Galician students residing abroad.

(e) The Central Administration of the State, and the Autonomous Community, may establish, by means of Convention, the necessary forms of collaboration for the operation of the National Center for Remote Basic Education, and the Institute National of Baccalaureate at a distance.

f) In order to ensure knowledge of the situation of the transferred personnel, the Autonomous Community shall provide the necessary information and documentation.

g) The improvement of the officials.

h) Research and experimentation in the field of projects, construction and the provision of centres.

i) The elaboration and execution of projects of an experimental nature

(j) Information on the budgets in terms of education to be carried out and the evaluation of educational programme costs.

(k) The Central Administration of the State and the Autonomous Community may establish, by mutual agreement, formulas of collaboration for the development of educational research in the experimental centers.

E) BIES. RIGHTS AND OBLIGATIONS OF THE STATE BEING TRANSFERRED

The Government of Galicia transfers the goods, rights and obligations of the State that are collected in the detailed inventory of the attached relation number 1 *, where the buildings, furniture and concessions are identified and contracts affected by the transfer. These transfers will be formalized in accordance with the provisions of the Transitional Provision three of the Autonomy Statute and other provisions in each applicable case.

F) PERSONNEL ASSIGNED TO THE SERVICES AND INSTITUTIONS THAT ARE TRANSFERRED

The staff assigned to the services and institutions transferred and referred to nominally in the attached relationship number 2.1 *, will continue with this membership, going on to depend on the corresponding Autonomous Community, in the terms legally provided for by the Statute of Autonomy and the other rules in each applicable case and in the same circumstances as specified in the attached relationship and with their Personal Registration number. A copy of all the files of this transferred staff will also be sent to the competent authorities of the Autonomous Community of Galicia, with the aim of modifying the organic and budgetary templates in the function of the operated transfers

G) VACANT JOBS THAT ARE MOVED

The job vacancies that are transferred are as detailed in the attached ratio 2.2, with indication of the Body to which they are attached, organic level and corresponding budget allocation,

H) INTERIM ASSESSMENT OF THE FINANCIAL BURDENS OF THE SERVICES TRANSFERRED

The effective cost of the service being transferred is pending in terms of its final calculation, which must be finalized and accepted before 1 November of the current year.

Budget of the Ministry of the Presidency of the Government

H. 1. The actual cost which, according to the liquidation of the expenditure budget for 1981, corresponds to the Services carried over by this Royal Decree to the Community of Galicia, is, on a provisional basis, at 163,188,800 pesetas in accordance with the figure in the ratio number 3.1.1 *.

H. 2. The financial resources intended to cover the costs incurred in the performance of the Service which are carried out during the financial year 1982 shall include the following

:

* Pesetas *

Budget allocations for cash cost coverage (its detail appears in ratio 3.2) * 170.018,000 *

Ministry of Education and Science Budget

H. 1. The actual cost which, according to the liquidation of the expenditure budget for 1981, corresponds to the Services carried over by this Royal Decree to the Community of Galicia is, on a provisional basis, at 19,840,938,900 pesetas, in detail that figure in the ratio number 3.1.1. The resources affected import 98,488,000 pesetas, and the net assumed charge is 19,744,450,900 pesetas. H. 2. The financial resources intended to cover expenditure incurred in respect of the performance of the Services carried over during the 1982 financial year shall include

following allocations:

* Pesetas *

Budget allocations for cash cost coverage (its detail appears in the ratio 3.2 *) * 176.540.100 *

Projected collection of academic and administrative fees from non-university teachers * 89,020,000 *

Miscellaneous grants and investments (its detail is reflected in ratio 3.3) * 1.733.017,000 *

Total * 1,978,577,100 *

National Institute for Student Assistance and Promotion Budget

H. 1. The actual cost which, according to the liquidation of the expenditure budget for 1981, corresponds to the Services carried over by this Royal Decree to the Autonomous Community of Galicia is, on a provisional basis, at twenty-two million, two hundred Twenty-two thousand pesetas (22.222.ane)

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

:

* Pesetas *

Budget allocations for cash cost coverage (your detail appears in the ratio 3. *) * 1.402,000 *

Expected collection by lasa. Taxes *-*

Grants to Families and Lnstitutions and advances their detail is reflected in the ratio 3.3 * 1.166.311,000 *

Total * 1,167,713,000 *

Building Board Budget, Facilities and School Equipment

H. l The effective cost which, according to the liquidation of the expenditure budget for 1981, corresponds to the services transferred by the present Royal Decree to the Autonomous Community of Galicia rises on a provisional basis, to a thousand One hundred and fifty-eight million, one hundred and fifty-six thousand seven hundred pesetas (1158,158 700).

H. 2. The financial resources intended to cover the expenditure incurred in respect of the performance of the Services carried over during the financial year 1 82 shall comprise the following

:

* Pesetas *

Thus budget nations for cash cost coverage (s/detail in relation 3.2 *) * 9.001,900 *

Collected by lasa, lmpost *-*

Grants to families and lnstitutions (s/detail in relation 3.3 *) *-*

Total * 9,001,900 *

Professional Training Promotion Board Budget

H. 1. The actual cost of the payment of the expenditure budget for 1981 corresponds to the services transferred by this Royal Decree to the Autonomous Community of Galicia, which is provisional, to three hundred and fifty-four. Four hundred and sixty thousand two hundred and thirty (354.4 130) pesetas.

H. 2. The financial resources intended to cover expenditure incurred in respect of the performance of the Services carried over during the 1982 financial year shall include

following allocations:

* Pesetas *

Budget allocations for cash cost coverage (s/detail in relation 3.2 *) * 79.446,560 *

Expected collection by rate, tax *-*

Grants to families to institutions (s/detail in relation 3.3 *) * 169.868.790 *

Total * 249.315,350 *

National Institute of Special Education Budget

H. 1. The actual cost of the services transferred by the present Royal Decree to the Autonomous Community of Galicia according to the liquidation of the expenditure budget for 1981 is provisional, to ninety-six million. and two thousand four hundred and sixty (98,042,480) pesetas.

H. 2. The financial resources intended to cover expenditure incurred in respect of the performance of the Services carried over during the 1982 financial year shall include

following allocations:

* Pesetas *

Budget allocations for cash cost coverage ts/detail in relation 3.2 *) * 22.598,000 *

Expected collection by tax rate *-*

Grants to families and institutions (chapters 4. and 7.o), s/detail in relation 3.3 * * 53,885,500 *

Total * 76.483,500 *

I) DOCUMENTATION AND FILES FOR SERVICES THAT ARE TRANSFERRED

The delivery of the documentation and files of the Services transferred will be made within one month from the entry into force of the Royal Decree through which the transfer of the functions and services of the State administration to the Autonomous Community of Galicia.

J) THE EFFECTIVENESS DATE OF THE TRANSFERENCLAS

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982.

And for the record, this certification is issued in Madrid, 19 July 1982.-The Secretaries of the Joint Commission, J.E.D.G. and J.P.R.

*The inclusion of this relationship is omitted.