Resolution Of March 9, 1982, Of The Directorate-General Of Local Administration, Which Approve The Bases And The Minimum Program For The Entry In The First Category Of The National Secretaries Of Local Administration, And Be Dis...

Original Language Title: Resolución de 9 de marzo de 1982, de la Dirección General de Administración Local, por la que se aprueban las bases y el programa mínimo para el ingreso en la primera categoría del Cuerpo Nacional de Secretarios de Administración Local, y se dis...

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The text articulated partial law 41/1975, approved by Royal Decree 3046/1977, of 6 October, provides in its article 70.1 which, by the Directorate-General of Local Administration, following a report from the National Association of Secretaries, auditors, and custodians of Local Administration, will be adopted databases and programs minimums for the oppositions of access to selective courses and , if any, for the various categories of the concerned national bodies, authorizing also timely notices of open competitions for access to such courses, which take place the Institute of Local Administration.


Estimating convenient, this Directorate General of Local Administration compliance with estimates above, with respect to the first category of the National Secretaries of Local Administration, a proposal from the Institute of Local Administration, and once issued the mandatory report from the National College, has resolved: first-pass databases and programs minimum opposition's access to the course of selective admission to the national body of Secretaries of Local Administration , first class, joining as first and second from the resolution repealing the bases and minimum programme approved by resolutions of this General direction of dates for September 21, 1976 and on December 1, 1978 ("Official Gazette" of the day, September 21, 1976 and January 9, 1979).


Second.-authorize the Institute of Local Administration to convene opposition's access to the selective course to obtain the title of Secretaries of Local administration of first category, looking at 30 the number of seats to provide. The call be accommodated to the provisions of the attached bases and minimum programme, in the Real Decree 3046/1977, 6 October; in the regulations of officials from 30 May 1952 Local Administration, in the unmodified by the provision above cited, and the Decree 1411 / 1968, 27 June, which approves the General regulations for entry into public administration.


Madrid, 9 March 1982-the Director-general, Francisco Javier Soto Carmona.


Annex Bases for opposition access to the selective course for admission to the first category of the National Secretaries of Local Administration.


First.-the competition notices will accommodate provisions in the Real Decree 3046/1977, 6 October; to the regulation of administration officials, approved by Decree of 30 May 1952, in what does not object to the above text articulated the law 41/1975; General rules for admission to the public function approved by Decree 1411 / 1968, 27 June, and other complementary provisions that are applicable to the provisions of the present resolution and its annexes.


Second.-the call shall state expressly the number of squares that are provided by the corresponding tests, conditions of applicants, the deadlines of instances by opponents, the dates of the tests, and the proposal for the appointment of the opponents approved to the competent authority, as well as the presentation by these opponents of documents showing that meet the requirements of the call.


In accordance with the provisions of article 69 of the Real Decree 3046/1977, of 6 October, reserves 10 100 squares called opposition, in turn restricted between those belonging to the second category of the National Secretaries of the Local Administration who have at least ten years, effective it services and possess the required qualifications. Places not covered in turn restricted acrecerán the duty free, not being able opt opponents simultaneously perform the opposition in turn restricted and free time. The tests to be performed by the applicants on restricted duty will be those established, in General, on the fourth base.


Third.-the Court that shall judge the opposition will be chaired, except that assist the Director-general of Local Administration, the Director of the Institute of Local Administration, or person delegated, and shall be constituted in the form and number to be determined by the Commission permanent of the Board of Trustees of the Institute of Local Administration. The members of the Tribunal shall be appointed by the Director of the Institute of Local Administration.


In any case, it shall be part of that court a tenured professor of the University, appointed by the Director of the Institute of Local Administration, as well as a representative of the National Association of Secretaries, auditors, and custodians of Local Administration, proposed by its Chairman.


Fourth.-applicants, duty free and restricted, shall perform the following exercises, which will be mandatory and elimination: first exercise: which will consist in developing, in writing, for a maximum period of two hours, a topic of a general nature related to the program of the second exercise of the opposition, but not adhere to specific headings. The Court, at the time of the examination, will propose two themes, among those opponents will freely choose theme to develop; the proposed topics correspond; one on the agenda of political law and constitutional and administrative law, and other topics of Law Civil and commercial law.


Second exercise: which consist of exposed orally, for a maximum period of 40 minutes, three subjects, drawn to the fate from falling within the program of the opposition, and must develop by the opponent, the order that set forth, a subject of political law and constitutional; a matter of administrative law, and a theme of Civil and commercial law.


Third exercise: which consist of exposed orally, for a maximum of forty minutes, four issues, removed the fate from falling within the program of the opposition, must be developed by the opponent by the order that set forth, a theme of Local Administration (first part), a topic of Local Administration (second part), a theme of planning law and a matter of labour law and criminal.


Fourth year: consist of performing, written during a maximum period of four hours, a legal report on the topic related to the subjects of the program of the opposition.


In the oral exercises the opponent will have a maximum period of five minutes, before the exhibition, for the drafting of a scheme or personal notes you can use in the development of the exercise. After oral exposure, the Court can dialogue with the opponent, for a period of fifteen minutes, on issues related to the themes that have developed.


The written exercises can be read in court by opponents, if he considers it convenient.


On a voluntary basis, the opponents may undergo a fifth exercise, to prove knowledge of the languages English, French or German.


Fifth.-the selective course will be organized by the Institute of Local Administration. Students admitted to the same shall be appointed officials in practices during the stay at the National School of Local Administration.


Qualification obtained in the course, most score achieved in opposition, will determine the final order for appointment of candidates for integration into the first category of the National Secretaries of Local Administration.


Those who do not exceed the selective course entitled, only once, to provide it with the following promotion, which, if approved, will be included.


Annex II minimum program for the opposition's access to the selective course for admission to the first category of the National Secretaries of Local Administration I. right political and constitutional issue 1. The State. Concept. The formation of the modern State. The rule of law.


Theme 2. Constituent elements of the State. The nation. Nationalist ideologies. Legal concept of nationality.


Theme 3. The territory. Territorial forms of the State.


Topic 4. The sovereignty. Theory about its nature. Power: political analysis.


Item 5. The theory of the division of powers: evolution and current meaning. The forms of Government.


Item 6. The Constitution. Origins of the constitutionalism concept and kinds of constitutions. Fundamental principles of the Spanish Constitution of 1978.


Item 7. The normative value of the Constitution: the material and formal superlegalidad. The constitutional reform.


Item 8. The defence of the Constitution. The Constitutional Court. Organization and powers of the Spanish Constitutional Court. Remedy of unconstitutionality and amparo.


Item 9. Rights and constitutional duties. The doctrine of civil liberties. Rights and duties of the Spanish Constitution. Guarantees and suspension of fundamental rights. The Ombudsman.


Item 10. Political representation: main theories. The suffrage. Direct political participation. The referendum.


Item 11. The political parties. Concept and functions. The legal regime of political parties in Spain. Business associations and trade unions. Pressure groups.


Item 12. Electoral system: proportional and mixed majoritarian. The electoral system in political regimes.


Item 13. The Spanish electoral system. General legal regime and the eligible voters. The electoral procedure. The electoral dispute.


Item 14. The forms of the head of State. Special consideration of the Crown. Functions of the King in the Spanish Constitution.



Item 15. The legislative power. Systems of organization. The Cortes Generales in Spain: structure and composition. The functioning of the Chambers. The status of members of Parliament.


Item 16. The Executive power. The Spanish Government. Composition. The President of the Government.


Item 17. The judiciary. Concept and nature. Systems of organization. The Spanish judicial organization. The General Council of the judiciary.


Item 18. The territorial organization of the State in the Spanish Constitution. General principles. The exercise of the right to autonomy in the Spanish Constitution.


Item 19. The autonomous communities. The statutes. Organization and powers of the autonomous communities. Relations of the State and the autonomous communities.


II. administrative law track 1. Historical foundations of public administration and administrative law. The royalties. The doctrine of the State Treasury. The French Revolution and the emergence of the administrative regime. Constitutionalism and the rule of law.


Theme 2. Public administration and administrative law: the concept of administration in the evolution of administrative law. Administration as a legal person: the positive concept of administrative law. Limits of application of administrative law: application criteria the administration of private law.


Theme 3. Order legal-adininistrativo: uniform structure and a plurality of sources. Characters. Unity and plurality of legal systems: connection techniques. The application of the administrative system in space and in time.


Topic 4. The law. Holders of the legislature. Kinds of laws: organic, ordinary, basic principles and harmonization. The law-making procedure. The popular initiative.


Item 5. The decree-laws. The legislative delegation: their classes.


Item 6. The rules of procedure. Constitutional basis of the regulatory authority. Distinction between regulations and administrative acts. Principles governing relations between law and regulation. Formal and substantive limits of statutory authority. Singular inevitability of the regulations.


Item 7. Kinds of regulations. Illegal regulations: means of review. Circulars and instructions. The custom in administrative law. The generals of the right principles.


Item 8. Regional standards. Relations with state law. Conflict and the prevalence of State law. Regional laws. The regulations of the autonomous communities.


Item 9. The legal status of public administrations. Typology of public entities. Special consideration of institutional management.


Item 10. The theory of managed and their legal situation. He managed in general and its legal capacity and work. The legal situation of the managed in general. The subjective rights of the managed. The participation of the managed in administrative functions.


Item 11. The principle of the legality of public administration. Authority: attribution techniques. Powers ruled and discretionary.


Item 12. The administrative act. Concept. Classes. Elements.


Item 13. The administrative procedure. Concept and classes. The regulation of the administrative procedure in our law. General principles. Stakeholders.


Item 14. Phases of the general procedure. Special procedures. The administrative silence. Defense against material inactivity of the administration.


Item 15. The effectiveness of the administrative acts. Terms of efficiency: in particular the notification and publication. Retroactivity of administrative acts. The administrative acts subject to suspensive or resolutory condition. The suspension and its classes.


Item 16. The execution of the administrative act. Administrative coercion. The administrative act as title of the execution. Means of enforcement.


Item 17. The theory of the invalidity of the administrative act. Nullity. Voidability. Validation and conversion. Non-disabling irregularities.


Item 18. The reversal of the administrative acts. Classes. Revocation on grounds of legality: the revision of trade. Reversal for reasons of opportunity.


Item 19. The contracts of the Administration in general. Nature and classes. The figure of the administrative contract: historical formation and current sense. Administrative contracts and private contracts management in the existing order. Elements of the contracts.


Item 20. The general procurement procedure: budgeting procedure and preparation of the contract; freedom of competition and its exception; procedures of selection of contractors; the formalization of the contract. The contract guarantees. Nominees contracts.


Item 21. Content and effects of administrative contracts. The prerogatives of the administration. The financial balance of the contract. The revision of prices.


Item 22. The invalidity of the administrative contracts: the doctrine of separable events. The resolution of administrative contracts: causes, patterns and effects. The assignment of the contract and subcontract.


Theme 23. Administrative resources. Concept and meaning. Classes. The administrative procedure in resource path: General principles.


Item 24. Regular resources of alzada and replacement. Appeal and revision resources. Specialties of administrative resources in fiscal matters.


Item 25. The contentious nature. Systems of organization. Historical evolution in Spain. Extent and limits of the contentious jurisdiction. The contentious jurisdiction and competence of these bodies.


Theme 26. The parties to the judicial review process. The object of the contentious-administrative appeal. The procedure in the first or only instance. The ruling and its execution. Appeals against the sentences. Special procedures.


Item 27. The Administration and the courts. The special position of the Administration in the ordinary process. The administrative claim prior to the courts. Procedure replacement of the administration. The injunctions and the administration.


Item 28. Compulsory purchase: nature and justification of the expropriation power. The subjects of the expropriation power. The purpose of the expropriation power. Expropiandi cause. The contents of the expropriation.


Item 29. General expropriation procedure. The statement of need for the occupation of the property or rights subject to expropriation. Compensation or fair price. The guarantee of the fair price against delays and monetary depreciation. The payment. The Declaration of the urgency of the occupation of the property affected by the expropriation.


Item 30. Jurisdictional guarantees. The reversal of the expropriated property. Special expropriation. The linking of the privately owned plans and administrative acts. Expropriation agreements.


Item 31. The responsibility of the public administration. Evolution. Budgets. Effectiveness of the repair. The action of responsibility. The responsibility for administrative acts.


Item 32. Forms of administrative action: main theories. The building and its media. Subsidies. The administrative police: evolution of the concept. Kinds of administrative police. The action of police techniques.


Item 33. The administrative penalty: concept and classes. Principles of disciplinary law. The sanctioning procedure. Sanctions.


Item 34. The concept of public service: their evolution. Virtual or improper public services. The modes of management of the public service. Direct management.


Item 35. The concession. Concept, nature and classes. Personal, real and formal elements. Powers of the administration. Rights and obligations of the concessionaire. Dealer relations with users. Termination of the concession.


Item 36. The lease. The concert. The joint venture and the concerned management. The Consortium.


Item 37. The public domain: concept and nature. The criterion of affectation. Demaniales mutations. Elements of the public domain: subject, object and destination.


Item 38. Legal regime of the public domain. Use and utilization; special study of the concession and the reserve demanial.


Item 39. The heritage private public entities: boundary criterion. Legal regime: powers of administration and regime of acquisition, use and disposal.


Item 40. The administrative organization. Structural criteria. Legal principles of administrative organization.


Item 41. Organization of the administration of the State. Peripheral administration. Institutional administration of the State.


Item 42. The consultative bodies in the Spanish administration. Classes. The Council of State. Management audit or control: General State intervention and Court of Auditors.


Item 43. Public function in the Spanish legal system. Historical evolution. Constitutional regulation of the civil service. Public function of the State, autonomous communities and local entities.


Item 44. Kinds of staff in the service of the public administrations. Notion of public official. The relationship of service between the officer and the public body: its characters, birth and nature. Potestas variandi of the public entity and the acquired rights of staff members. Organic relationship and service relationship.


Item 45. Management of public service agencies. Fundamental principles for access to public service; selection of staff techniques. Scales of public officials and bodies. Administrative career and provision of jobs.



Item 46. Police order and public safety. The public order. Existing regime. Use and possession of arms and explosives. Circulation and traffic police.


Item 47. Teaching. State and regional competitions. Educational system. Schools and educational administration.


Item 48. Administrative action in agriculture. Improvement of rural housing. Administrative action in animal husbandry. Cattle trails and easements: classification, demarcation and boundary marking. The administrative action on game and river fish.


Item 49. Ride: concept and legal classification. The catalogue of mountains: its effects. Staking. Regulations on reforestation and forest fires. Infringements of mountains.


Item 50. Terrestrial water: legal nature. Common and special use of public waters. Administrative organization of ground waters.


Item 51. Maritime waters: principles that inform the Spanish legislation. Ports: kinds and systems of organization. The beaches and stunning areas: authorizations and concessions regime.


Item 52. Routes of communication, nature and classes. Principles of management of mechanical transport by road.


Item 53. Economic model of the Constitution. Techniques of public intervention in a market economy: its limits. The protection of consumers.


Item 54. The public economic sector. Public enterprises. Public bodies of management. Problems of the public company in Spain.


III. Civil and commercial subject 1. The rule of law. Characters and requirements. Overall effectiveness of the rules. The fraud law. Interpretation of the rules. Gaps in the law. The analogy.


Theme 2. The person. Legal capacity and capacity to act. Marital status. The absence. The incapacitation.


Theme 3. The Civil Registry. Organization. Inscriptions and annotations. Certifications. Rectification of seats.


Topic 4. Legal persons: its nature. Constitution, capacity, address, nationality and extinction of legal persons. Kinds of legal persons.


Item 5. The legal relationship. Legal situations. Subjective rights and legal duties. Secondary legal situations. The exercise of rights: its limits.


Item 6. The legal action of the person. The representation. The power of attorney. The legal business. Concept, classes and elements.


Item 7. Influence of weather-legal relations. Concept of time. The expiration. The prescription and their classes.


Item 8. The obligation. Sources of obligations. Elements and kinds of obligations.


Item 9. The fulfilment of the obligation: modalities. The breach of obligations: special consideration of the mora of the debtor. Effects of non-compliance.


Item 10. The guarantees of the obligation. The bail. The defence of the right to credit. Preventive measures. Protection of the right of injured credit.


Item 11. The modification of the mandatory relationship. Novation: classes. The termination of the mandatory relationship: its causes.


Item 12. The contract. Concept and elements. Kinds of contracts.


Item 13. Vices of the contracts. Non-existence, nullity and voidability. The validation. The termination of the contracts.


Item 14. The contract of sale. Concept nature and classes. Personal, real and formal elements: content of the sale. The withdrawal.


Item 15. Donation: concept and classes. Personal, real and formal elements. Effects. Revocation and reduction of donations.


Item 16. Lease: his classes. Regime of leases.


Item 17. Urban leases. Principles of the law of urban leases.


Item 18. Real rights: concept, nature and classes. Constitution and acquisition of rights in rem. The title theory and mode.


Item 19. Possession: legal nature. Kinds of possession. Acquisition, modification and termination of possession. Effects of possession. Possessory protection.


Item 20. The registry of the property. Registrable rights. The registration and its procedures. The registration records: classes.


Item 21. The estate and its characterization in the mortgage legislation. Grouping, aggregation, division and segregation of farms. Land consolidation and its effects registration. Minimum units of culture.


Item 22. Protection of the right inscribed in the registry of property: real action for his defense. Effectiveness of the register in relation to third parties.


Theme 23. The right to property. Constitutional guarantees of private property. Kinds of property. The community of goods and rights and their classes. Actions for the defence of the right to property.


Item 24. The real right of servitude. Constitution, content and extinction. Kinds of easements: special consideration of the legal.


Item 25. Actual warranty rights. The garment. Mortgage: mortgage concept and class volunteer: requirements, object and extinction. Assignment of mortgage loans.


Theme 26. Legal mortgages: assumptions. Priority of credits in favour of the Hacienda. Effects of the mortgage. Procedures for the effectiveness of the mortgage credit. Termination of the mortgage.


Item 27. Civil liability: systems and requirements. Liability for non-facts. The action of responsibility.


Item 28. The family, from the legal point of view. The patrimonial relationship between spouses. Parent-child relationships.


Item 29. The mercantile company. Doctrines of its legal nature. Elements. Concept doctrine and legal dealer. Conditions of capacity. Disabilities and prohibitions.


Item 30. The mercantile society. Concept, nature and classes. Members of the company's assets. General requirements of Constitution. The so-called irregular society. The register.


Item 31. The partnership. The limited liability company: Constitution requirements; Administration and representation: economic regime.


Item 32. The joint-stock company. Constitution. Social writing and statutes. Organization. Rights and duties of partners: challenge of social agreements.


Item 33. Heritage and capital stock of the Corporation. Actions: classes. Increase and reduction of the share capital. The reserves. Issue of bonds.


Item 34. Credits: concept and characters. Classes. Check: requirements and modalities. Maturity, payment and protest of the check.


Item 35. The Bill of Exchange. Constitution and the obligation to exchange rate effects. Acceptance and endorsement. The endorsement. The payment. The protest and Exchange actions.


Item 36. Banking contracts. Credit operations. Mediation operations. Deposits.


Item 37. The default and bankruptcy: assumptions, classes and effects. Organs.


IV. Local Administration part item 1. Local Administration: systems of organization. The French idea of "pouvoir" city in the Mainland local government. The British "self-government". The "home rule" American. The local regime in the socialist countries.


Theme 2. The current trends for the reform of the local government. The so-called crisis of municipalism. The local territorial structure in cultural, social and economic changes.


Theme 3. Historical evolution of the Spanish local government. The Roman municipality. Municipality in the middle ages. The Fueros: its form and character. The municipal reform of Alfonso XI. The Corregidor in the Spanish municipality under the absolute monarchy. The municipality in the 18th century.


Topic 4. The liberal revolution and the Spanish municipalities. Influence of the conceptual approaches of the French revolutionaries. The Cadiz model. The model of moderate and progressive model. The local regime and the restoration.


Item 5. The local government in the 20th century. The ideology of Maura and the different legislative century projects. The provincial associations. The statutes of Calvo Sotelo. The local legislation in the second Republic. The local organization laws of 1945-1955. The principles that inspired and reform projects.


Item 6. Constitutional principles of the Local Administration in Spain. Institutional guarantee of local autonomy. Content and limits of autonomy: doctrine of the Constitutional Court.


Item 7. Sources from the local system. State legislation on local government: its constitutional foundation and nature. Local regional legislation: their relationships with the State. Problems of the application to the local authorities of State and regional sectoral laws.


Item 8. Regulations and ordinances in Spanish law. Municipal ordinances in the right historical and comparative law. Municipal regulations as sources of law and manifestation of autonomy. The relations of local regulations with the laws and regulations of the State and autonomous communities.


Item 9. The regulatory authority to local authorities holding bodies. Ordinances and regulations: its distinction and classes. The procedure of elaboration and approval of Ordinances and regulations. The publication of local regulations.


Item 10. Limits of the local regulatory authority. Challenge in the courts. Sides: nature, publication, limits and challenges.


Item 11. Local entities: classes. The principles of uniformity and variety. Name, capital. Use of flags, shields and banners.


Item 12. The municipality. Concept. The municipality as basic entity of the territorial organization of the State; as an entity of local entities and as provider of public services. Structure of the Spanish municipalities: classification criteria.



Item 13. Elements of the municipality: the territory. Creation and deletion of municipalities. Alteration of municipalities. Administrative divisions of the municipality: districts and neighborhoods.


Item 14. The municipal population: classification. The registration rights of the neighbors. The ocal participation in Local Administration. Rights of foreigners.


Item 15. Municipal organization. Comparative law of local government systems. Principles of the Spanish system. Local authorities: their status.


Item 16. The local elections. Evolution in Spanish historical law and principles of electoral legislation. Political parties in the local representation. The electoral district. Electors and eligible. The electoral administration.


Item 17. The electoral procedure. Proclamation of Councillors and representatives of corporations. Resources regime.


Item 18. Mayor: historical evolution. Appointment and dismissal. Competencies. The mayors. Pedaneos and district mayors. Legal regime governing the activity of the Mayor: resources and responsibility.


Item 19. The full City Council: composition and functions. Other bodies members with decision-making functions. Informative committees. District boards.


Item 20. The smaller Local organisation: organisation and competencies. Special consideration of the system of administration of his estate.


Item 21. Special municipal systems. Charter regime. Open Council. Special scheme for the municipalities of less than five thousand inhabitants. System of Government and administration of big cities.


Item 22. The Metropolitan Areas. Metropolitan Government systems. The organizational formulas in Spanish law. Metropolitan communities.


Theme 23. Associations and groupings of municipalities. Creation, organization and competence. The region at local Spanish law. Communities of Villa and land.


Item 24. The province in the local authority. The historical process of the province as local entity configuration. The province in the Spanish Constitution of 1978: defining traits. The province in the area of the autonomous communities. Uniprovinciales autonomous communities; the Councils as territorial administrations of the autonomous communities. Special provincial regimes.


Item 25. Bodies of Government and administration of the province: the constitutional framework. Composition and integration of the Councils. The Permanent Commission. The President of the Council. Responsibilities of the different government bodies.


Theme 26. General theory of local competencies. Systems for the determination of local competition. The criterion of interest prevalent and the articulation of responsibilities of public bodies: own competences, shared, concurrent and delegated. Competences and minimum obligations. Conflicts of competence and powers.


Item 27. Regime of meetings and agreements from local governments. Regulatory standards. Sessions: classes, requirements and procedure of Constitution and celebration.


Item 28. Local corporations agreements: kinds and forms of agreement. Systems of voting and computation of majorities. Preliminary reports of the Secretary and the financial controller. Records and certifications. The resolutions of the President of the Corporation.


Item 29. Local specialties of the administrative act and the administrative procedure. The use of Spanish and other languages.


Item 30. Enforceability of the local administrative acts. The local executive procedure. The enforcement procedure. Subsidiary execution. Enforcement section. Compulsion on people. Administrative eviction.


Item 31. Suspension and challenge the acts of the local administration of the State and the autonomous communities.


Item 32. The revision of the local administrative acts. The review of trade. Resources administrative and jurisdictional against acts of local corporations.


Item 33. The local staff: General principles and peculiarities of the local regime. Special consideration of the extinction of contracts and warranties and liability in contracting.


Second part item 1. The heritage of the local authorities. Classification of goods. The local public domain: involvement and deallocation and demaniales mutations. Means of protection of the domain public local. Regime for use in the public domain.


Theme 2. Assets of local authorities. Community property. Acquisition and disposition of their own. Administration, use and management of the assets.


Theme 3. The mountains: classes and legal regime. The neighborhood hills in common hand.


Topic 4. Municipal works: background and current regulation. Classification of works. Process of elaboration and approval of works projects. Implementation of the project. The liability of the works.


Item 5. Intervention of local entities in the private sector: principles and limits. Means of intervention. Legal regime of licences.


Item 6. Public service at the local level, municipalities and provincialization of local public services. Meaning and historical valuation. Budgets, requirements and procedure for the municipalization or provincialization.


Item 7. Modes of management of local public services.


Item 8. Formulas of cooperation in the provision of services. The consortia. Peculiarities of the joint ventures locally. The development in the local sphere.


Item 9. The local public function: kinds of officials. The national bodies of Local Administration: categories and powers; selection and training; organic and functional dependence.


Item 10. Officials of the Local Administration career: groups and powers, selection. Employment officers. Hired staff: classes and legal regime.


Item 11. Rights and obligations of local public servants. Political and trade union freedoms. Administrative situations.


Item 12. Remuneration regime. Passive rights and social security of local officials. Extinction of the functional relationship.


Item 13. The administrative responsibility of local officials. Disciplinary regime. Civil and criminal liability of the authorities and local officials.


Item 14. Local competence for food: abattoirs, markets and slices of fish, food establishment. Food police.


Item 15. Local expertise in the field of education and culture. Health skills. Mortuary health policy. Charitable and Social Welfare.


Item 16. Public services: powers of the local authorities, special consideration for the supply of drinking water.


Item 17. Local competence for health: sanitation, collection and treatment of solid waste. Discharges and pollution of waters. Defense of the environment.


Item 18. Local powers, routes of communication, circulation and urban transport. Bus stations. The regulation of the taxi service.


Item 19. Local competences in relation to housing and civil protection. Competences in the field of tourism and sports.


Item 20. Collaboration and cooperation between these authorities. Assistance to local authorities: modalities. Intervention and regime of Association of local authorities in the event of failure to comply with obligations imposed by the Constitution or laws.


Item 21. The Provincial works and services Plan. Community action and districts of special action.


Item 22. Local finances in a State of autonomies. Constitutional principles of local treasuries. The principle of reservation of law tax and regional or local authorities. Incidence of the autonomous communities in the local financial autonomy. The coordination of finances State, regional and local. Substantial demands of the autonomous municipal finance.


Theme 23. Applicable legislation on local treasuries. Powers of local authorities in tax matters. Principles of the local tax system. Revenue management of local authorities.


Item 24. Taxation and management of local taxes. Content of the fiscal Ordinances and approval procedure. Claims on tax matters.


Item 25. Local non-tax revenues. Income from private law. Grants and other income from public law. The rates of the public services.


Theme 26. Fees and special contributions. Participations and surcharges. Redistributive local funds.


Item 27. The autonomous local taxation. Analysis of the different tax figures.


Item 28. The local credit. Credit operations. The Banco de crédito Local de Spain. Credit with banking official, private and savings operations. Other extraordinary sources.


Item 29. Budgets of local authorities: principles, integration, and documents that consist. Approval of the local budget process.


Item 30. General principles for implementation of the budget. Outstanding loans and credit supplements. Credit transfers. The budget settlement.


Item 31. Authorization of expenditures and payments management. Investment programmes. Subsidiaries of local budgetary regime.


Item 32. Control and intervention of the local entities. Accounts. Subject to the regime of public accounting. Close of the fiscal year. Censorship of accounts.


V. planning law topic 1. Urbanism as fact and the formation of the planning techniques. Historical evolution of urbanism. Urban development law of the 19th century. The regulation of works, services and goods on July 14, 1924. The Municipal law of 1933. Law of Local Government in 1955.



Theme 2. Of the land law and urban planning on May 12, 1956: structure and inspiring principles. The policy complements law of the land. The reform act of May 2, 1975. The transitional law of reform of 1973. The new constitutional framework.


Theme 3. Administrative organization of urban planning. The Organization of urban planning principles. Powers State, autonomous communities and pre-autonomous bodies and local authorities. Corporate governance.


Topic 4. The legal system of urban planning. Peculiar structure of the urban system. The system of planning in the law of the land. Limits legal authority, of approach, especially urban standards.


Item 5. Kinds of plans and town planning regulations. The national management plan: the territorial coordination plans. Complementary and subsidiary management standards of the province-wide municipal planning.


Item 6. Cruise for the municipal urban planning instruments. Hierarchy and choice of the figure of the planning. The municipal general plan: territorial scope, objectives, determinations, and documentation.


Item 7. Urban action programmes: urban function. Determinations and documentation. Partial plans. Urban function: general Plan and partial plan; partial plan and redevelopment project. Territorial scope. Determinations and documentation. Studies of detail. Municipal subsidiary rules.


Item 8. Partial plans of private initiative. The special plans. Particularities of the special plans of reform. Catalogues: their nature.


Item 9. Formation and approval of plans. Supra-municipal planning. Preparatory acts of the drafting of municipal planning. Suspension of licenses.


Item 10. Procedure of formation and approval of the other instruments of municipal planning. Participation in the preparation of the planning.


Item 11. Entry into force, review and modification of them plans. Suspension of the validity of planning. Effects of the adoption of the plans: advertising, enforcement, mandatory, legitimization of expropriations.


Item 12. Lacking all kinds of instrument of planning municipalities: classification of the soil and its regime. Delimitation of urban land projects. Requirements, content, documentation and approval procedure.


Item 13. The urban development projects: concept, function and nature. Substantive and documentary content. Formulation and approval.


Item 14. The urban planning and the right to property. The legal status of the ownership of land. Kinds of soil and its legal system.


Item 15. Redistribution of the benefits and burdens resulting from planning techniques. The average utilization. The dispersed urban action; Transfer of the urban use.


Item 16. The execution of planning. Types of plans, that legitimize the activity's execution. Order of priorities. Delimitation of the polygon or unit of action. Urban societies constituted by public bodies.


Theme. 17. the actuation systems: selecting the system. Compensation system: statutes and bases for action. The Board compensation. Compensation benefits and burdens, and the cession of land transfer free and compulsory. The execution of the works of urbanization and its assignment to the corresponding administration. Responsibility of the Board and its members.


Item 18. The system of cooperation. Concept. The distribution of benefits and burdens. Execution of urbanization: the distribution and payment of its cost. Administrative cooperation associations. Peculiarities of the implementation of the programmes of urban action.


Item 19. The system of expropriation. Valuation. Expropriation procedure. The urban public works concession. The implementation of the General systems of the urban planning of the territory. The performances in urban land. The expropiacion-sancion.


Item 20. The public wealth of the soil. Nature. Acquisition. Exploitation and alienation. The surface rights. The legal regime for private developments.


Item 21. Subdivisions: Urban development legislation and legislation hipotecara. The subdivision. Concept and function. Classes. Procedure. Effects. Resources.


Item 22. The burden of the forced building. Objective elements. Realization of the load of the building for each farm in particular. The Municipal registry of solar. Edificativa load failure and its consequences.


Theme 23. The duty of conservation as normal content of the right to property. The special duty of conservation of the monumental property. The duty of conservation administrative intervention. The execution orders.


Item 24. The State of ruin: its administrative Declaration. Kinds of ruin. Legal assumptions of the ruinous State. Procedure for declaration of ruin. Effects.


Item 25. The urban licence: concept, nature and character. Regime of the concurrence of the urban licence with other administrative acts, autorizatorios or concession. The technical project and the urban visa.


Theme 26. Competence and procedure to grant urban development licenses. Special procedure in the case of works promoted by the public administration. Urban licensing by administrative silence positive: budget or requirements for its operation. Effectiveness of the license.


Item 27. The protection of the urbanistic legality. Scope of protection of the urbanistic legality. Legal assumptions. Acts of building and land use not legitimated by license or order of execution. Acts of building and land use legitimated by license or execution order illegal.


Item 28. Urban administrative acts or not, infringers of the urbanistic legality. Administrative liability by reason of the measures of restoration of urbanistic legality.


Item 29. The planning sanctions law. Planning infringements: classification. Responsible persons. Sanctions. Prescription of infringements. Liability for the Commission of offences.


Item 30. Public action to demand observance of the urbanistic legality. Intervention by the ordinary courts.


VI. labour law and criminal theme 1. Concept of the right to work. Nature and character. Fundamental principles that inspire it. Sources of the labor law in Spanish law. The Statute of workers: Principles and scope.


Theme 2. The contract of employment. Elements. Modalities. Rights and duties of the worker and the employer.


Theme 3. The wage. Concept and classes. The minimum wage. Base salary. Wage increases. Salary guarantees.


Topic 4. Trade union freedoms. The strike. The collective dispute. The lockout.


Item 5. Birth and continuity of the employment contract. Business subrogation. Suspension and termination of the employment contract: its causes. Offences and penalties.


Item 6. The staff at the service of local corporations. Applicable law and principles that inform it. Collective agreements. Rights of Association, Assembly and collective representation.


Item 7. Social Security. Management entities. General Social security regime.


Item 8. The jurisdiction of the work. Organization and competences. Prior to labour via administrative claim. The ordinary process of work.


Item 9. Concept of crime according to the doctrine and the existing criminal code. Classifications of crimes. Forms of appearance of the crime: provocation, proposition, conspiracy, attempt, frustrated Crime completed crime. Active subject of the offence: authors and their accomplices and accessories after the fact.


Item 10. Circumstances that exempt from liability. Extenuating and aggravating circumstances. Criminal and administrative faults: their differences and compatibility of sanctions. Kinds and effects of the penalties in the existing criminal code. Civil liability for the offence.


Item 11. Crimes of rebellion, sedition, public disorder. Contempt, insults, slander and threats to the authority and officials.


Item 12. Crimes of illegal levies, falseness in public documents. Of constraints. Crimes and electoral failures.


Item 13. Crimes of public officials in the exercise of their duties. Anticipation, extension and abandonment of public functions. Usurpation of powers and appointments illegal. Bribery. Embezzlement of public funds.

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