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Royal Decree 3532/1981, Of 29 December, On The Transfer Of Powers And Functions Of The Administration Of The State To The General Council Of Castilla Y Leon In Local Administration.

Original Language Title: Real Decreto 3532/1981, de 29 de diciembre, sobre transferencia de competencias y funciones de la Administración del Estado al Consejo General de Castilla y León en materia de Administración Local.

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TEXT

the Royal Decree-Law twenty/thousand nine hundred and seventy-eight, of thirteen of June, for which the pre-autonomous regime for Castilla y León was established, prior to the transfer of functions and services of the State Administration to its Government body.

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 to 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, of eighteen December, modified the functioning and composition of the Joint Committees of Transfers to The Preautonomic Entes.

According to 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-eighty-one of March, after considering the desirability of homogenizing the processes of transfer to the Preautonomic Entes in matter of Local Administration has adopted at its meeting of the day one of December a thousand nine hundred and eighty and one the appropriate agreement that the Government approves under the present Royal Decree.

In its virtue, making use of the authorization contained in article sixth c), and final disposition of the Royal Decree-Law twenty/thousand nine hundred and seventy-eight, of thirteen of June, after acceptance of the General Council of Castilla y On the proposal of the Minister of Territorial Administration and after deliberation of the Council of Ministers at its meeting of the twenty-nine-day-day of December of a thousand nine hundred and eighty-one, I have:

Article 1.-The proposal for the transfer of powers and functions of the State Administration to the General Council of Castilla y de León on Local Administration, prepared by the corresponding Joint Committee on Transfers, as well as the transfer of the necessary means for the exercise of that.

Article 2.-One. Accordingly, the General Council of Castilla y de León is hereby transferred to the powers referred to in the Agreement, which is included as Annex I to this Royal Decree and transferred to it the personal and budgetary means contained therein. the relations attached to the agreement of the Joint Committee indicated in the terms and conditions specified above.

Two. The legal provisions affected by this transfer are set out in Annex II to this Royal Decree.

Article 3.-These transfers will be effective from the date indicated in the agreement of the Joint Commission of Transfers.

ADDITIONAL DISPOSITION

The General Council of Castilla y de León may challenge before the Jurisdiction of the Administrative-Administrative the acts and agreements of the Local Corporations that constitute infraction of the laws and directly affect to matters which have been transferred to them by the State Administration.

This challenge will produce the effects foreseen in the eighth article of the Law of the Quarantine/Thousand nine hundred and eighty-one, of twenty-eight of October.

FINAL PROVISIONS

First.-One. When, for the exercise of any of the powers transferred to the General Council of Castilla y de León by this Royal Decree, the opinion of the Council of State is required, the request of the Council of State shall be agreed by that Council, requesting it through the Ministry specifically responsible for the matter in question, who will require the State Council to issue it.

The same procedure will be followed when the General Council of Castilla and de León agrees to hear the Council of State voluntarily on any file.

Two. Except in the cases provided for in this Royal Decree, the other reports required by the legislation in force from other bodies other than the State Council shall be maintained with the same character as they have established, but their issuance shall be the equivalent bodies that exist or are created within the General Council of Castilla y de León.

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 General Council of Castilla y de León shall be accommodated in accordance with the provisions of Law Thirty and Two/thousand nine hundred and eighty-one, of ten July in the Law of Legal Regime of the State Administration and in the Law of Administrative Procedure.

Two. Against the decisions and acts of the General Council, the action for the replacement of the administrative procedure shall be the case, unless otherwise provided for in the case of the appeal, which shall be brought before the Court of Justice, Council The legal regime of these resources will be established in the Laws of Administrative Procedure and the Jurisdiction-Administrative Jurisdiction.

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 carried out 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 aforementioned General Council of Castilla y de León in this Royal Decree may be delegated, if necessary, by this to the Provincial Diputations included in its scope (a) territorial, in the exercise of those powers, the guidelines and forecasts contained in the rules of delegation.

The delegation agreements, which will have to be published in the Official State Gazette and in the General Council of Castilla y de León, will be effective from the day following that of their publication.

Fifth.-The General Council of Castilla y de León will organize the precise services and distribute among the corresponding organs the competences that are transferred to it by the present Royal Decree, publishing the corresponding agreements in the Official Journal of the State, and in that of the General Council.

Sixth.-The Ministry of Territorial Administration will dictate the precise provisions for the development and implementation of this Royal Decree.

Seventh.-This Royal Decree will enter into force on the same day as its Publication in the Official Journal of the State.

Given in Baqueira Beret at twenty-nine in December of a thousand nine hundred and eighty-one.-JUAN CARLOS R.-The Minister of Territorial Administration, Rafael Arias-Salgado and Montalvo.

ANNEX I

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

At the plenary session of the Commission, held on 1 December 1981, agreement was adopted approving a proposal for the transfer to the General Council of Castilla y de León of the powers and functions of the administration. Local in the terms that are reproduced below:

A) Designation of the competencies and functions that are transferred.

1. Territorial demarcation.

1.1. The constitution and dissolution of Minor Local Entities.

1.2. The deslindes of municipal terms.

1.3. The distribution of the municipal term in districts and the reform, increase or decrease of the existing ones.

1.4 The initiation of the case of changes of municipal terms and dissolution of local entities Minor.

2. Organization.

2.1. The constitution of voluntary municipal communities and forced groupings of municipalities.

2.2. The forced grouping of municipalities with a population of less than 5,000 inhabitants for the provision of the public services considered essential by the Law, in the cases in which they lack sufficient economic resources.

2.3. The alteration of the names and capital of the municipalities.

3. Legal regime.

The alteration of the possible violations of the Ordinance and Regulations of the Local Corporations.

4. Intervention regime.

The dissolution of the Boards of Directors when their management is seriously harmful to the general interests of the Preautonomic Entes.

5. Provision of assets owned by the Local Corporations.

5.1. The authorization of the files for the disposal, permuse or lien of real estate owned by the Local Corporations when their value does not exceed 25 per 100 of the annual budget of the Corporation.

5.2. Prior knowledge in the cases of disposal, permuse or lien of real estate owned by the Local Corporations when their value does not exceed 25 per 100 of the annual budget of the Corporation.

5.3. The authorization for direct sale or permuse in favor of owners adjacent to unusable and leftover parcels of public roads when the value of the goods exceeds 25 per 100 of the annual budget of the Corporation.

5.4. Prior knowledge in the case of direct sale or permuse in favor of owners adjacent to unusable and leftover parcels of public road when the value of the goods does not exceed 25 per 100 of the annual budget of the Corporation.

6. Management and use of assets of Local Corporations.

6.1. The authorisation of transactions on property and local heritage rights.

6.2. The approval of agreements subject to the judgment of arbitrators on disputes arising out of property and rights of the local heritage.

6.3. The approval of the Special Ordinance for the enjoyment and use of communal mountains.

6.4. The approval of cases of the affectation of communal property of the Local Corporations.

6.5. The approval of the dossiers for the inclusion of communal goods in a parcelary concentration.

6.6. The authorization or conformity to establish agreements between the Local Corporations and Private and private entities for the afforestation of all kinds of mountains of said Corporations, except in any case, of the mountains cataloged.

7. Local services.

The approval of the Statutes of the Consorcios constituted by the Local Corporations with Public Entities, except when one of the Consorcated Entes is the State, an Autonomous Body or Local Corporations located outside the territory.

B) Goods, rights and obligations of the State that are transferred.

No assets are transferred.

C) Personal assigned to the functions that are transferred.

The staff assigned to the functions transferred is the one referred to in the attached ratio number 1 *, which will become dependent on the General Council of Castilla y de León in the legally provided terms of the each applicable case

By the Undersecretary of the Ministry of the Interior and other competent bodies in the matter of person, the persons concerned shall be notified of the transfer. A copy of all the files of this transferred staff shall also be forwarded to the competent bodies of the Council.

D) Job vacancies to be transferred.

No vacant jobs are transferred.

E) Budgetary appropriations affected by the services being transferred.

The budgetary appropriations for the services transferred for the exercise of the functions and powers transferred are those of the ratio number 2 *.

By the Ministry of Finance, the necessary measures will be taken for the effective transfer to the Council of the appropriate appropriations, in accordance with the provisions of the General Budget Law, the Budget Law General of the State and other supplementary provisions.

F) Date of effectiveness of the transfers.

The transfer of powers and functions and the transfer of resources, which are the subject of this agreement, will be effective from 1 January 1982.

And for the record I request this certification in Madrid at December 1, 1981.-The Secretary of the Joint Commission of Territorial Administration, F. H. S.

* According to the nature of this repertoire, the inclusion of this relationship is omitted.

ANNEX II

Annex I, A) * Legal precepts affected *

Apart. 1.1 * Articles 23 to 28 of the Law of Local Regime. *

* Articles 41 to 52 of the Population Regulation. *

Apart. 1.2 * Article 21 of the Local Regime Law. *

* Articles 26 to 31 of the Population Regulation. *

Apart. 1.3 * Article 3. of the Population Regulation and Territorial Demarcation. *

Apart. 1.3 * Articles 20 to 28 of the Local Regime Law. *

* Article 14 of the Population and Territorial Demarcation Regulation. *

Apart. 2.1 * Articles 10 to 17 of the partial text of Law 41/1975, of Bases of the Statute of the Local Government, approved by Royal Decree 3046/1977 of 6 October. *

Apart. 2.2 * Articles 2. 4. and 5 of the partial text of Law 41/1975, approved by Royal Decree 3046/1977 of 6 October. *

Apart. 2.3 * Article 22 of the Local Regime Law. *

* Article 34 of the Population and Territorial Demarcation Regulation. *

Apart. 3 * Articles 109 and 110 in relation to article 362.1, 4., and 366 of the Law of Local Regime. *

Apart. 4 * Article 422.2 of the Law of Local Regime. *

Apart. 5.1 * Article 189 of the Local Regime Law. *

* Article 95 of the Goods Regulation. *

Apart. 5.2 * Article 189 of the Local Regime Law. *

* Article 95 of the Local Corporate Assets Regulation. *

Apart. 5.3 * Article 189 of the Local Regime Law. *

* Articles 7., 95 and 100 of the Local Corporate Assets Regulation. *

* Article 6. of the Local Government Regulations. *

Apart. 5.4 * Article 189 of the Law of Local Regime. *

* Articles 7,, 95-100 of the Local Corporate Assets Regulation. *

* Article 6. of the Local Government Regulations. *

Apart. 6.1 * Article 659.2 of the Local Regime Law. *

* Article 340 of the Rules of Organization, Operation and Legal Regime of Local Corporations. *

Apart. 6.2 * Article 659.3 of the Local Regime Law. *

Apart. 6.3 * Article 192.4 of the Law of Local Regime. *

* Article 86 of the Goods Regulation. *

Apart. 6.4 * Article 194 of the Law of Local Regime. *

* Article 83 of the Goods Regulation. *

Apart. 6.5 * Joint Order of the Ministry of Government and Agriculture of 20 July 1956. *

Apart. 6.6 * Article 53 of the Law of Mountains. *

* Articles 296 to 301 of the Montes Regulation. *

* Article 39 of the Local Corporate Assets Regulation. *

Apart. 7 * Article 107 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. *